Western District of New York

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
     Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Amber Snover, 24, of Rochester, NY, who was convicted of using a communication facility to facilitate a controlled substance, was sentenced to five years probation and ordered to forfeit $771,109 in United States currency by Chief U.S. District Court Judge Frank P. Geraci, Jr.

     Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that the defendant used a telephone to order various synthetic controlled substance analogues. Snover ordered the synthetic drugs for Charles Fitzgerald and others at the 420 Emporium located in Batavia, NY. A total of $771,109 in United States currency was seized during the execution of a search warrant at the residence Snover shared with Fitzgerald on West Hills Estates in Rochester on July 25, 2012.

     Fitzgerald was convicted and sentenced to 30 months in prison. Three employees of Fitzgerald’s who worked at the 420 Emporium stores located in Batavia and Henrietta, NY have also been convicted and sentenced.
 
     The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Agency, under the direction of James J. Hunt, New York Field Division, and investigators from the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Alicia Maghett, 51, of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, hydrocodone, before U.S. Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison, and a $500,000 fine. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between October 2013 and February 25, 2014, the defendant conspired with Troy Cooley and Markiel Hall to sell hydrocodone, a Schedule III controlled substance, in the City of Buffalo.

Also charged in this case are co-defendants Anthony McCutcheon, Troy Cooley, Deandre Sparks, Williams Jefferson, Markiel Hall, Morrell Buster, Andre Owens and Carmella Rivera. Sparks, Hall and Owens have been convicted. Charges are pending against McCutcheon, Cooley Jefferson, Buster, and Rivera. 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 by the Federal Bureau of Investigation and the Lackawanna Police Department, under the direction of Chief James Michel.

Sentencing is scheduled for October 7, 2015 at 10:00 a.m. before Judge Skretny.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Konstantinos Votsis, 64, of Rochester, NY, who was convicted of tax evasion, was sentenced to six months home confinement by Chief U.S. District Judge Frank P. Gerace. The defendant was also ordered to complete 100 hours of community service at the Open Door Mission. Votsis must also pay restitution of approximately $308,000 and forfeit $250,000.

Assistant U.S. Attorney John J. Field, who handled the matter, stated that Votsis owned and controlled Rookies Neighborhood Sports Bar, a restaurant and bar in Gates, NY In 2009, the defendant learned of a pending audit of his sales taxes, and in response, directed that sales data contained in Rookies’ point-of-sale computer system be deleted. This data, which was later recovered by the Government, showed that Votsis failed to report $986,660 in income from his Rookies business from 2006 through 2008. By concealing such income, the defendant evaded paying $308,062 in taxes that he owed to the Internal Revenue Service.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Nathan Paetsch, 28, of Spencerport, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to transmission of wagering information and structuring transactions to evade reporting requirements. The charges carry a maximum penalty of seven years in prison, a fine of $750,000 or both.

Under the terms of the plea agreement, Paetsch will be sentenced to probation, eight months home confinement, and. 400 hours of community service. The defendant will also forfeit $265,000 to include $22,725 in lieu of a 2011 BMW X5, $76,941 in lieu of his interest in his residence at 25 King Fisher Drive, Spencerport, and $67,197 in lieu of his interest in a residence at 218 Palmetto Dunes Circle, Naples, Florida.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Paetsch’s conviction is related to his involvement in an illegal gambling business with Joseph Ruff, 32, his brother Mark Ruff, 40, both of Connecticut and Paul Borrelli, 66, of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites.

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

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

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

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

Sentencing for Paetsch is scheduled for August 31, 2015 at 4:00 pm 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 a federal grand jury has returned a one-count indictment charging Ralik Hamilton, 40, of Niagara Falls, NY, with being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Mary Catherin Baumgarten, who is handling the case, stated that according to the indictment, on April 10, 2015, New York State Parole and other law enforcement officers conducted a search of the defendant’s residence on 4th Street in Niagara Falls. During the search, they recovered a 9 mm pistol and several rounds of ammunition. Having been previously been convicted of a felony, Hamilton is prohibited from legally possessing a firearm. 

The defendant was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. A detention hearing is scheduled for June 26, 2015 at 2:00 p.m.

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, New York Field Division, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the New York State Division of Parole, under the direction of Acting Commissioner Anthony Annucci.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a one-count indictment charging Ralik Hamilton, 40, of Niagara Falls, NY, with being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Mary Catherin Baumgarten, who is handling the case, stated that according to the indictment, on April 10, 2015, New York State Parole and other law enforcement officers conducted a search of the defendant’s residence on 4th Street in Niagara Falls. During the search, they recovered a 9 mm pistol and several rounds of ammunition. Having been previously been convicted of a felony, Hamilton is prohibited from legally possessing a firearm. 

The defendant was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. A detention hearing is scheduled for June 26, 2015 at 2:00 p.m.

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, New York Field Division, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the New York State Division of Parole, under the direction of Acting Commissioner Anthony Annucci.

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.—The United States Attorney’s Office announced today that Bergal L. Mitchell, III, 41, of Gowanda, NY, pleaded guilty to lying to Special Agents of the  Federal Bureau of Investigation before U.S District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorneys Anthony M. Bruce and James P. Kennedy, Jr., who are handling the case, stated that the defendant, who was formerly a tribal councilor of the Seneca Nation of Indians (SNI) and who was, in 2006, Vice Chairman of the Board of Directors of the Seneca Gaming Corporation (SGC), stole for himself $338,000 out of the $2.1 million that the SNI and its subsidiaries paid in order to purchase 251 acres of farmland in Lewiston, NY. That land now serves as the site for the Seneca Hickory Stick Golf Course.

On September 10, 2008, Mitchell was interviewed by FBI agents who were investigating the land purchase. During the interview, the defendant attempted to cover up his theft of the $338,000 by falsely telling the agents that he had no knowledge of a $248,000 wire transfer to an account belonging to his late half-brother. Mitchell also lied about securing a $125,000 cashier’s check from these proceeds which he used to purchase a home for his parents and personally delivered to the sellers of the house. In addition, the defendant lied about using $23,000 of these proceeds to make a loan to friend.

Timothy Toohey, who was convicted of unlawfully receiving an additional $202,000 of the proceeds from the land deal, was sentenced to 33 months in prison.

The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation. The New York Stated Police, Internal Revenue Service and Niagara County District Attorney’s Office also assisted in the investigation.

Sentencing is scheduled for October 7, 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 Eric J. Humphrey, 36, of Amherst, NY, his father, John E. Humphrey, Jr., 55, of Buffalo, NY, and Anthony Taylor, 53, of Amherst, NY, who were convicted of conspiracy to possess with intent to distribute various quantities of cocaine and crack cocaine, were sentenced by U.S. District Judge Richard J. Arcara. Eric Humphrey was sentenced to 60 months in prison, John Humphrey 12 months and Anthony was sentenced to time served (22 months).

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendants were arrested along with Charles M. Humphrey, Jr. and James Humphrey, Jr. in February 2010 on charges involving the possession and sale of cocaine and crack cocaine in the Buffalo area.

Items seized during the execution of search warrants executed at the time of their arrests included quantities of cocaine, crack cocaine, marijuana, supplies used in the packagaing of cocaine and crack cocaine, $153,000 in cash, ammunition and three vehicles. 

The investigation resulted in the liquor license revocation of “The Good Life,” a Bailey Avenue sports bar owned by Eric Humphrey.

Charles M. Humphrey, Jr. and James Humphrey, Jr. have also been convicted and are awaiting sentencing.

The sentencings are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. hunt, New York Field Division, the Buffalo Police Department, udner the direction of Commissioner Daniel Derenda, and the Erie County District Attorney’s Office, under the direction of District Attorney Frank A. Sedita. Additioanl assistance was provided by the Amherst Police Department and the Federal Bureau of Investigation Safe Streets Task Force.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Gerald Fretto, 51, of Ontario, NY, who was convicted of filing a false income tax return, was sentenced to three years probation and 100 hours of community service by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that for the tax year 2007, the defendant filed a tax return that did not report all of the income he earned in that year.

The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, and the  U.S. Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Shane Taylor, 43, of Dunkirk, NY, who was convicted of possession of child pornography, was sentenced to 120 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that on July 18, 2011, law enforcement officers executed a search warrant at the defendant’s residence on Dove St. in Dunkirk. Officers seized a computer and a shotgun from Taylor’s room. An analysis determined that the computer contained over 3000 images of child pornography, many depicting pre-pubescent children and images of violence.

The sentencing is the culmination of an investigation by Immigration and Customers 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 a federal grand jury has returned a four count indictment charging Hassan Patton, 47, of Buffalo, NY, with possession with intent to distribute and distribution of fentanyl.  The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten , who is handling the case, stated that from December 2011 through January 2012, Patton sold fentanyl patches to an undercover police officer multiple times.

The defendant was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released custody.  He is due back in court on October 19, 2015 at 11:00 a.m.

The 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 Division and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

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 two separate indictments charging 10 individuals with narcotics trafficking in the Cities of Buffalo, NY and Dunkirk, NY.

U.S. Attorney William J. Hochul stated “The two arrest operations conducted today removed major sources of illegal narcotics from flowing into our area. The dangers of both heroin and cocaine are well known, and can include death for the user, and a severe decline in the neighborhood for those who through no fault of their own reside near drug distribution locations.  This Office will continue to target and prosecute those who would destroy our community through the peddling of illegal and toxic substances.” 

“Throughout this week, two major drug distribution rings were dismantled and their leaders arrested. The arrests of Burgos and Pagan solidify the end of their cocaine distribution operation; every dose they sold throughout the Chautauqua County and adjacent towns fueled drug addiction,” stated DEA Special Agent in Charge James J. Hunt. “Drug addiction has become public health’s archenemy and as heroin related deaths have increased 174%, heroin traffickers have become law enforcement’s priority target which has led to these latest arrests of members of the Molina-Rios heroin trafficking organization.  This two year investigation uncovered a heroin distribution network that allegedly distributed up to 1,000 heroin glassines a day, or in other words 1,000 doses of death per day.”  SAC Hunt would like to thank the Western District of New York U.S. Attorney’s Office and all of DEA’s law enforcement partners for their diligent work throughout these investigations.”

Daniel Molina-Rios, a/k/a Ponce, 40, Orlando Rios, a/k/a Fifo, 43, Luis Montanez, a/k/a Wichy, 37, and Jose Andujar, 37, all of Buffalo, NY, are charged with conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of heroin. The charge carries a minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that multiple law enforcement officers conducted an investigation into a heroin drug trafficking organization operated by Daniel Molina-Rios. According to the indictment and other court documents, since approximately 2014, the organization acquired heroin from the New York City area for distribution in Buffalo. The organization also has an alternate heroin source in Buffalo, that source is identified as Luis Montanez. The Molina-Rios drug trafficking organization distributed heroin through multiple street-level distributors or “runners” who are managed by Jose Andujar and led by Daniel Molina-Rios and Orlando Rios.

Search warrants were executed at the residences of the defendants including 620 Grant Street, 42 Potomac Street, 74 Fillmore Avenue, and 221 Gorton Street, all in Buffalo.

Named in a separate indictment are David Jesus Pagan, 39, Rafael Burgos, Jr., 40, Samuel Hernandez, III, 34, Javier Pagan, Jr., 31, Alvin Torres, Jr., 30, and Angel Pierluissi, 28, all of Dunkirk. The defendants are charged with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine. David Jesus Pagan is also charged with maintaining a premises for manufacturing and distribution of cocaine, possession of a firearm in furtherance of drug trafficking and being felon in possession of a firearm. The charges carry a mandatory minimum 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that between 2013 and June 10, 2015, law enforcement officers have been investigating a drug trafficking organization led by defendants David Jesus Pagan and Rafael Burgos, Jr. During the course of the investigation, it was determined that the defendants distributed multiple kilograms of cocaine throughout the Dunkirk area.

Search warrants were executed at six properties which resulted in the recovery of more than seven kilograms of cocaine and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine.  

The indictments are 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 New York State Police Community Enforcement Narcotics Team Western Region, under the direction of Lieutenant Kevin Reyes, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Dunkirk Police Department, under the direction of Chief David C. Ortolano, the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb, and the Chautauqua County District Attorney’s Office, under the direction of David Foley. Additional assistance was provided by the Hamburg Police Department, Erie County Sheriff’s Office, Cheektowaga Police Department, Lackawanna Police Department, the Niagara Frontier Transportation Authority Transit Police, Niagara Falls Police Department, Niagara County Sheriff’s Office, Bureau of Indian Affairs, and United States Border Patrol.

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 Brandon Peralez, 29, of Rochester, NY, was arrested and charged by criminal complaint with unlawful importation of and conspiracy to import Alpha PVP, a Schedule I controlled substance and attempted possession of Alpha PVP with intent to distribute.

 Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that according to the complaint, the defendant was arrested in connection with the seizure of two packages sent from China, each containing three kilograms of Alpha PVP. One of the packages was addressed to Jack Jett, at Jett’s residence in Hemlock, NY. Jett was arrested on May 27, 2015 after law enforcement executed a controlled delivery of the package to his residence. The complaint further states that Peralez was present at Jett’s residence when the package was delivered and actually signed for the package. 

The second package was addressed to Peralez at his residence in Rochester.
  
The defendant made an initial appearance before U.S. District Court Judge Charles J. Siragusa and was released on bail.
 
The criminal complaint 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 United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, the New York State Police, under the direction of Major Craig Hanesworth, the Hornell Police Department, under the direction of Chief TJ Murray, the Steuben County Sheriff’s Department, under the direction David V. Cole, and the Ontario County Sheriff’s Department, under the direction of Philip C. Povero.
 
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Fred Johnson, aka Macaroni, 22, of Buffalo, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that as a member of the Schuele Boys Gang, the defendant purchased cocaine from co-defendant Michael Robertson. Johnson then repackaged the cocaine into smaller amounts for re-sale in the Buffalo area.

On July 23, 2014, law enforcement officers executed a search warrant at the defendant’s Fisher Street residence and recovered a .22 caliber pistol.

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.

Johnson was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. He is the sixth to be convicted. On March 24, 2015, an additional seven members and associates were indicted.  Four other Schuele Boys members were indicted separately. 

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.  

Sentencing is scheduled for October 5, 2015 at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jose Guerra Caraballo, 43 of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci to possession of cocaine with intent to distribute and possession of a firearm in the furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $2,000,000 fine.

Assistant U.S. Attorney Robert A. Marangola who is handling the case, stated that between November 2014 and January 2015, law enforcement officers investigated Caraballo and his brother, Jose Miguel Guerra. Controlled purchases of cocaine were arranged and completed between Caraballo and a confidential source. On one occasion a purchase of cocaine, heroin and firearm were discussed. Guerra was to supply the firearm. On January 21, 2015, the confidential source met Caraballo and Guerra to purchase the cocaine, heroin and firearm. The confidential source met Caraballo and Guerra briefly and was shown the firearm and told that they had to go get cocaine.

Caraballo and Guerra were surveilled leaving the area and then observed entering 264 Clifford Avenue in Rochester. Caraballo then called the confidential source and told him he had the cocaine. Several minutes later, Caraballo and Guerra met with the confidential source in a parking lot at 341 E. Ridge Road. They were subsequently arrested by members of the Rochester Police Department. During the search of the vehicle Caraballo and Guerra were in, officers recovered a ROHM. 38 Special revolver, 12 live rounds of .38 Special ammunition, approximately 12.5 grams of heroin, 33 grams of cocaine, marijuana and new/unused glassine bags.

Later that day, officers executed search warrants at 15 Bardin Street, a residence leased by Guerra, and 264 Clifford Avenue, locations identified during the investigation. Law enforcement recovered various items including, a firearm, ammunition, cash, drugs and drug paraphernalia.

During a post-arrest statement, Guerra told officers he and Caraballo picked up cocaine from a location, later identified to be 264 Clifford Avenue that day. Guerra was convicted of carrying a firearm during and in relation to a drug trafficking crime which carries a mandatory minimum penalty of five years in prison and a maximum penalty of life, a fine of $250,000 or both. Guerra is awaiting sentencing on July 13, 2015.

Today’s conviction is the culmination of an investigation on the part of Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Federal Bureau of Investigation.

Caraballo’s sentencing is scheduled for October 19, 2015 at 2:30 p.m. before Judge Geraci.

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

 BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Mujihad Miller, 37, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of crack cocaine, was sentenced to 60 months in prison by Senior U.S. District Judge William M. Skretny. 

 Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that the defendant sold crack cocaine to confidential sources working with the Drug Enforcement Administration. Miller sold a total of approximately 60 grams of crack cocaine on three dates in July, September and October of 2013. The defendant was arrested on November 18, 2013. Law enforcement officers executed a search warrant at his Military Road residence and recovered a digital scale with cocaine residue and a fake kilogram of crack cocaine.   

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Spiwe Barnes, 34, of Buffalo, NY, who pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and being a felon in possession of a firearm, was sentenced to 120 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that beginning in early 2010 and continuing through June 14, 2011, the defendant distributed between five and 15 kilograms of cocaine in the Buffalo area. Barnes and co-defendant Anthony Avery initially obtained cocaine from a source in Ohio. This source utilized Linda Johnson to transport the cocaine to Barnes and Avery in Buffalo. Later on, Barnes and Avery obtained cocaine from Tyree Bishop, who was obtaining the cocaine in Detroit, Michigan.

All four defendants have all been convicted.

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard. Assistance was also provided by the Erie County District Attorney’s Office, under the direction of Frank Sedita.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Assistant U.S. Attorney Richard D. Kaufman was recognized by Attorney General Loretta Lynch at the 31st annual Director’s Awards Ceremony in Washington D.C. for his exemplary service to the country and United States Department of Justice. Kaufman, Chief of the Asset Forfeiture and Financial Litigation (AFFLU) Unit, received the John Marshall Award for Asset Forfeiture.

AUSA Kaufman joined the U.S. Attorney’s Office in 1989 and is responsible for the management and supervision of employees of the AFFLU unit which collects civil and criminal debts owed to the Federal Government. The unit also ensures that the proceeds of criminal activity are forfeited when possible restitution is paid to victims of crime.

Under AUSA Kaufman’s leadership, the United States Attorney’s Office recovered a record $94,000,000 in the 2013 fiscal year.  These funds went to victims of crime, law enforcement, and taxpayers.  His efforts have also led to the forfeiture of real property which formerly had been used for narcotics trafficking and other criminal activities. One such property, 900 Genesee St., was turned over to Hananiah Ministries and now serves as a place of worship, a food pantry and job bank. Kaufman has been successful in obtaining funding for the demolition of drug houses which rids the streets of drug activity and improves the quality of life for residents in the community.

“Thanks to thorough reporting by our local media, the public already knows much about the fine work being done day in and day out by the women and men of the United States Attorney’s Office,” said U.S. Attorney Hochul. “This exceptional work extends not only to the successful handling of hundreds of federal criminal and civil cases, but to extensive collection and forfeiture matters as well.”

U.S. Attorney Hochul further stated “By successfully using forfeiture tools, AUSA Kaufman and the AFFLU unit have literally taken the profit out of crime.  I am thrilled that Mr. Kaufman is being honored for his hard work and dedication, and in making our community a better place to live.”

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

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Alfred Dasilva, 46, of Greece, NY and Sharon Sexton, 45, of Gates, NY, were arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, a $250,000 fine or both.
 
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the investigation began when a school resource officer employed by the Gates Police Department was informed by a school official that Sexton was taking nude photos of a female student. The ensuing investigation determined that Sexton sent these photos to her boyfriend, Alfred Dasilva. Sexton was interviewed by law enforcement and admitted to both taking the photos and then sending them to Dasilva. She told officers that she took the photos and sent them to Dasilva because he asked her to, and that Dasilva used the naked photos to “fantasize.” 

The complaint also states that federal investigators examined Dasilva’s cellphone and also located a video of a child performing oral sex on Dasilva. The complaint identifies Sexton as the person who took the video. Several online chats were also recovered from the cellphone in which Sexton and Dasilva graphically discussed engaging in sexual conduct with children.

One of the text messages from Dasilva to Sexton referred to “kids at school.” At the time, Sexton was employed as a daycare worker at a local child care facility. Dasilva is also being prosecuted by the Monroe County District Attorney’s Office for sexual acts involving a minor. Anyone with information regarding Dasilva or Sexton’s contact or attempted contact with minors should call the Federal Bureau of Investigation in Rochester at 585-546-2220.

The defendants made an initial appearance this afternoon before U.S. District Judge Charles J. Siragusa and are being detained. A detention hearing is scheduled for June 15, 2015 at 10:00 a.m. before U.S. Magistrate Judge Marian W. Payson.  

The criminal complaint is the culmination of a joint investigation by the Gates Police Department and the Federal Bureau of Investigation Child Exploitation Task Force consisting of the Monroe County Sheriff’s Office, the Rochester Police Department, the Greece Police Department and Immigration and Customs Enforcement, Homeland Security Investigations.

The fact that the defendants have been charged with a crime is merely an accusation and the defendants are 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 a federal grand jury in Rochester has returned a four count indictment charging Guarionex Rivera, 27, of Clifton Springs, NY, with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, possession with intent to distribute five hundred grams or more of cocaine, possession of a firearm in furtherance of the drug crime, and using interstate communications facilities with intent to commit a murder for hire.

Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that the indictment is the result of a lengthy investigation of the defendant and others for cocaine distribution. During the course of the investigation, the Drug Enforcement Administration used a confidential informant to purchase 62 grams of cocaine from Rivera. The investigation culminated on May 22, 2015 when the defendant was arrested by law enforcement officers as they were preparing to drive to sell the informant a larger quantity of cocaine. At the time of their arrest, Rivera and another individual had in their possession four kilograms of cocaine, a loaded .45 caliber handgun, approximately $18,790 in cash, an electronic money counter and other drug paraphernalia.

The indictment further charges that, also in May, the defendant used cell phones and the internet in an effort to hire someone to assist in murdering a man for stealing hundreds of thousands of dollars in drug proceeds from Rivera. The defendant contacted the informant, among others, for assistance in finding and killing the thief in exchange for $40,000. The informant put Rivera in touch with an undercover officer who played the role of someone willing to help the defendant further his scheme.

The indictment also seeks forfeiture of two guns seized during the investigation, the $18,790 in cash and a BMW automobile which Rivera used while engaging in the charged criminal activity.

The indictment is the result of an investigation headed by the U.S. Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, with assistance from the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge Boston Division, the United States Marshal’s Service, under the Direction of U.S. Marshal Charles Salina, the Ontario County Sheriff’s Office, under the direction of Sheriff Philip Povero, the Macedon Police Department under the direction of Chief John Colella, and the Greater Rochester Area Narcotics Enforcement Team.

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 Jairo Hernandez, 26, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy) and to possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 71 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Joseph M. Tripi and John M. Alsup, who handled the case, stated that between 2000 and 2010, the defendant was a member of the 10th Street Gang. As part of his involvement in the gang, Hernandez possessed firearms, sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.

Hernandez is one of 44 defendants convicted on this case.
 
The sentencing is the culmination of an investigation on the part of Investigators of the New York State Police under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commission Daniel Derenda, and Special Agents of the Federal Bureau of Investigation.

CONTACT: Barbara Burns
PHONE:  (716) 843-5817
FAX #:                 (716) 551-3051
 
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Terry Stewart, 35, of Stillwater, NY, who was convicted of engaging in a racketeering conspiracy, was sentenced to 55 months in prison by U.S. District Judge Richard J Arcara. The defendant was also ordered to pay $671,183.25 in restitution to retail chains.

According to Assistant U.S. Attorney Anthony M. Bruce, who handled the case, Stewart was part of an organized shoplifting ring that stole hundreds of thousands of dollars in merchandise, including breast pumps, whitening strips, cross stitch and needlepoint kits, electric toothbrushes, thumb drives, pet supplements, razors, and tool sets from big box stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops and Wegmans. The merchandise was then sold to co-defendant Rico Vendetti for 25¢ on the dollar. The merchandise was then sold by Vendetti on eBay for about half of its retail value, primarily to out-of-state customers. The defendant alone supplied Vendetti with about $700,000 in stolen merchandise over a period of several years.

Rico Vendetti was arrested along with Arlene Combs, Albert Parsons, and Donald Griffin, all of Rochester, NY, an charged with the felony murder in the death of 78-year old Homer Marciniak during the course of a home invasion robbery at Marciniak’s home in Medina, NY in July, 2010. Vendetti has been convicted for his role in the murder and is awaiting sentencing.

Also charged in the case are Brandon Meade and Dayon. Meade has been convicted. Charges are pending against defendants Shaver, Combs, Parsons, and Griffin. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencing is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, the New York State Police, under the direction of Major Craig Hanesworth, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli.

CONTACT: Barbara Burns
PHONE:  (716) 843-5817
FAX #:                 (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jeffrey Paden, 47 of Frewsburg, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Aaron J. Mango and Scott S. Allen, Jr., who are handling the case, stated that on September 20, 2007, the defendant knowingly possessed over 600 images of child pornography which were stored on his personal computer. Paden obtained these images over the internet. Some of the images depicted prepubescent minors or minors less than 12 years of age.

The plea is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation Child Exploitation Task Force which includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’s Office.

Sentencing is scheduled for September 21, 2015 at 11:00 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 Betty Martin, 54, and Duane Rush, 44, both of Buffalo, NY, pleaded guilty to bank fraud before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 30 years in prison and $1,000,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that between 2006 and 2013, Martin served as the President, and Duane Martin served as the Vice President, of the Transportation Aides of Buffalo Union, also known as “TAB,” a public employees union, comprised of school bus aides employed by the City of Buffalo.

While serving as union officers, Martin stole approximately $61,746 of union funds, and Rush stole approximately $59,683 in union funds from the union’s M&T bank account. The two accomplished these thefts through the use of an M&T Bank debit card, drawn on the union’s bank account, to pay for personal expenditures; by withdrawing cash from the account for personal use; and by writing checks from the union account to themselves.  TAB’s treasury was funded by dues paid by union members.

The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation and the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Cheryl Garcia of the New York Regional Office.

Sentencing is scheduled for September 21, 2015 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 David Zaniewski, 42, formerly of Buffalo, NY, now residing in Collegeville, Pennsylvania, pleaded guilty to making a false statement in a bankruptcy proceeding before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that in July 2007, the defendant obtained a charge card from American Express. During an approximately three week time frame, Zaniewski charged in excess of $119,000 to the card. Charges included airfare, hotels, furniture, cemetery plots, gift cards, and foreign currency.

In September, 2007, the defendant took the American Express charge card to Bert’s Bike Store, in Orchard Park, NY, where he and a store representative engaged in a transaction involving approximately $36,000 worth of purchases charged to the credit card. However, instead of merchandise, Zaniewski received cash.

The defendant never made any payments to American Express to offset the charges. In May, 2008, Zaniewski filed a bankruptcy petition in the Western District of New York, and attempted to discharge all of his debt with American Express through the bankruptcy process.

In connection with his bankruptcy proceedings, the defendant was placed under oath and asked questions about his bankruptcy petition, including his debts with American Express. During the proceedings, the defendant made materially false statements, including statements that he did not recall the nature of his fraudulent transactions at Bert’s Bike Store in September 2007.

The plea is the culmination of an investigation by the Federal Bureau of Investigation. The matter was referred by the U.S. Trustee Program’s office in Buffalo, NY.

Sentencing is scheduled for September 30, 2015 before Judge Arcara.

CONTACT: Barbara Burns
PHONE:  (716) 843-5817
FAX #:                 (716) 551-3051
 
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Andres Ahmed Vasquez, 30, of Rochester, NY and Miami, FL, who was convicted of trafficking in and possession of unauthorized counterfeit access devices, was sentenced to 46 months in prison by U.S. District Judge Charles J. Siragusa. He was also ordered to pay restitution of approximately $210,000.

Assistant U.S. Attorney John J. Field, who handled the case, stated that between June 2012 and May 2014 Vasquez trafficked in, possessed, and used stolen credit card account numbers and codes belonging to more than 250 different victims. The defendant sold this information to others, who created bogus credit cards that were then used to purchase gift cards at local retailers. Vasquez obtained more than $210,000 as a result of his crimes.

This sentencing is the culmination of an investigation by Special Agents of the United States Secret Service, under the direction of Special Agent in Charge 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 Jennifer Courton, 28; Calvin Elston, Jr., 38, both of Buffalo, NY; and Brandon M. Coburn, 32, of West Seneca, NY, were arrested and charged by criminal complaint with possession with intent to distribute, and to distribute, fentanyl and conspitacy to possess with intent to distribute, and to distribute, fentanyl. The charges carry a maximum penalty of 40 years in prison and a $250,000 fine.

Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the complaint, between December 2014 and April 2015, Coburn, a licensed nurse practitioner, provided fraudulent Fentanyl prescriptions to Courton and Elston. As a nurse practitioner, Coburn can legally prescribe controlled substances. These prescriptions however were filled by Courton and Elston and sold on the street in the Buffalo area and were not used for a legitimate medical purpose. In some instances, they paid other individuals $50 to fill the prescriptions for them.  

Coburn, who is not currently employed as a nurse practitioner in the Western District of New York, previously surrendered his medical license in the State of Arizona for improper professional practice and misconduct. He is the second medical professional arrested this week for a crime involving controlled substances.   

Coburn, Courton and Elston made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy. Coburn and Courton were released on conditions. Elston is being held pending a detention hearing on June 8, 2015 at 2:30 p.m.

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

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

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 10-count indictment charging Dr. Albert R. Cowie, 37, of Amherst, NY, with unlawful distribution of a controlled substance, possession of a controlled substance by fraud, conspiracy to commit a drug felony and health care fraud. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine or both. 

 Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the indictment and a complaint filed earlier, between January 2010 and March 22, 2014, the defendant, a practicing radiologist, wrote 280 illegal prescriptions for controlled substances such as Oxycodone, Percocet, and Hydrocodone. The prescriptions were distributed to three individuals who then went to local pharmacies and had the scripts filled. The individuals retained some of the controlled substances for personal use but returned the remainder of the narcotics to Cowie for his own use.

 The defendant also established a relationship with a prostitute he met at an area strip club. As the relationship continued, Cowie provided $200 a day to the prostitute to support a heroin addiction. The defendant allegedly also injected the prostitute with heroin on one occasion. Subsequently, the defendant gave the prostitute prescriptions for Xanax and Percocet.

 During a meeting between Cowie and a confidential witness, the defendant advised the witness to lie to insurance investigators about his alleged prescription fraud. The witness is quoted as saying to the defendant “okay so just say they were written for me even though they were written for you…is what you’re saying? Cowie replied “right.”    

 The 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 Federal Bureau of Investigation, the New York State Bureau of Narcotic Enforcement, under the direction of NYS Health Commissioner Howard Zucker, and the Amherst Police Department, under the direction of Chief John Askey.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury returned an indictment charging Debra Arno, 56, formerly of Amherst, NY, and Lauren Frye, 55, of Kenmore, NY, with conspiracy to commit murder for hire. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that according to the indictment and a complaint filed earlier, Arno was going to pay Frye a total of $20,000 to murder Arno’s ex-husband, his current wife and their daughter.

Arno was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained. Frey will be arraigned at a later date.

The criminal complaint is the result of an investigation by the Village of Kenmore Police Department, under the direction of Chief Peter Breitnauer, the East Aurora Police Department, under the direction of Chief Ronald Krowka, and the Federal Bureau of Investigation Safe Streets Task Force 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.

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

CONTACT:     Barbara Burns    
PHONE:           (716) 843-5817
FAX:                (716) 551-3051
 
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Willie R. Wynn, 49, of Rochester, NY, who was convicted of possession of heroin with intent to distribute and possession of a firearm while being a previously convicted felon, was sentenced to 24 months in prison by U.S. District Judge Elizabeth A. Wolford.  
       
Assistant U.S. Attorney Charles E. Moynihan who handled the case, stated that on September 24, 2014, Rochester Police officers were investigating a stolen bicycle report which had occurred in the area of Franklin Street and Pleasant Street in Rochester.  During the investigation, officers encountered Wynn near the Eastman School of Music at the intersection of East Main Street and Gibbs Street. Because the defendant matched the description given to the police of the person who took the bicycle, officers attempted to stop and speak with him.  Wynn rode away from officers on his bicycle, forcing them to chase him.  As officers caught the defendant and were taking him into custody, he fell to the ground.  The officers saw a silver Cobra Enterprises CA-380, semi-automatic pistol on the ground next to Wynn’s waist. The handgun was loaded with six rounds of ammunition.  Officers searched the defendant and found 20 individual bags of heroin in the pocket of his pants.  Wynn was previously been convicted of Attempted Criminal Sale of a Controlled Substance in the Third Degree in 1991 and Manslaughter in the Second Degree in 1995.   
 
The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
 
Sentencing is scheduled for June 3, 2015 at 11:00 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 that Mark Alan Kelly, 55 of Rochester, NY, who was convicted of producing and using counterfeit military ID cards and making false statements to federal agents, was sentenced to three months in federal prison to be followed by 36 months supervised release by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to perform 300 hours of community service at the Rochester Veterans Outreach Center and purchase 500 American Flags, which he was ordered to place at the graves of veterans in Mt. Hope Cemetery.
 
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Kelly repeatedly lied about being an Officer in the United States Navy. Kelly would regularly wear Naval uniforms around town as well as to work, where he falsely told his employer that he was working at area Reserve Centers after his shift. Kelly lied about being on active duty when he rented an apartment in Rochester and received a military discount on his rent as well as other financial benefits as a result of his false statements.
 
Kelly’s landlord became suspicious about Kelly’s military affiliation when his first month’s rent check bounced. She also had a friend, who was a former United States Marine Corps Officer, who questioned the many ribbons and awards displayed on Kelly’s uniforms which included the Silver Star and a Bronze Star awarded for Valor. Kelly also wore Naval Flight Officer’s Wings. They confronted Kelly in June of 2014 in the presence of a Rochester Police Officer and Kelly presented a forged, but authentic looking military Common Access Card to support his false personation. 
 
In addition to wearing a Navy uniform around town, the defendant also regularly wore full dress naval uniforms at Veterans and ceremonial events. This included a memorial for a fallen Marine killed in Afghanistan in August 2014, where Kelly presented a flag to the Marine’s parents. At today’s sentencing, Judge Geraci also ordered Kelly to write a letter of apology to the fallen Marine’s parents.
 
The defendant’s conduct came to the attention of the Naval Criminal Investigative Service (NCIS) who began a criminal investigation after getting a tip from the defendant’s landlord. During the investigation, NCIS Agents from Naval Weapons Station Earle traveled to Rochester to interview witnesses. In September 2014, Kelly was interviewed by NCIS Agents and he made several false material statements. Kelly lied to the agents about his status with the Navy, his rank, his dates of service, and the characterization of his discharge. Each time agents confronted Kelly about his false statements, he would change his story to try to alter the facts to mislead the agents.
 
At the time agents interviewed Kelly, he was wearing a naval uniform without rank insignia or ribbons. He initially claimed he liked wearing the unmarked uniform because it was comfortable. However, Agents noticed that his uniform shirt had fresh holes consistent with recent wearing of rank insignia and a rack of ribbons. When confronted, Kelly produced a rack of ribbons which he took off before meeting with the agents. The rack contained 28 ribbons including awards for service in Iraq and Afghanistan, as well as for his service in support of Operation Desert Storm and the liberation of Kuwait. Kelly also had several Navy uniforms in his apartment including a Navy Dress Blue Uniform, a Dress White Uniform, and a Digital Pattern Camouflage Uniform.  
 
Investigators also recovered several false military ID cards in various stages of production from the defendant’s place of employment.
 
The sentencing is the culmination of an investigation by Special Agents of the Naval Criminal Investigative Service, under the direction of Special Agent in Charge Leo Lamont, NCIS 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 a federal grand jury returned an indictment charging David Masse, 46, of North Tonawanda, NY, with false declarations before a grand jury, obstruction of justice, and accessory after the fact. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment on November 12, 2014, the defendant was called to testify in a case involving Filip Caruso. Masse testified falsely that Caruso was not in passion of a .32 caliber revolver prior to a traffic stop on February 25, 2014 in the City of Buffalo. Filip Caruso is currently under indictment for being a felon in possession of a weapon.

Masse was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.

The indictment is the result 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

CONTACT:     Barbara Burns    
PHONE:           (716) 843-5817
FAX:                (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charles Wright, 64, of Ellwood City, Pennsylvania, who was convicted of conspiring to smuggle merchandise into the United States, was sentenced to time served and two years supervised release by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $1,933,999 in restitution. Wright has also forfeited $75,000.

Assistant U.S. Attorney Michael DiGiacomo who handled the case, stated that the defendant was the president of ESM Group, Inc., a specialty metal powders supplier.  While president Wright sought to expand ESM's customer base to include the defense industry.  In order to do so the defendant, entered into an agreement with Superior Metal Powders Inc., whereby Superior Metal Powders was to obtain and Market on behalf ESM Group Inc., this special form of magnesium powder.

At the time, the United States had a 305.56% antidumping duty in place with respect to the type of Magnesium powder Superior Metal Powders was importing on behalf of ESM Group, Inc.  While the agreement between ESM and Superior Metal Powders was in place the defendant learned the Magnesium powder Superior Metal Powders was obtaining on behalf of ESM Group Inc., from China was being imported in a manner that avoided the 305.56% anti-dumping duty.  After learning of this fact, Wright still authorized additional shipments of the Magnesium Powder knowing they were being imported in violation of the anti-dumping duty.  The total amount of lost duty to the United States from January 2005 through May of 2005 was approximately $1,933,999.

The magnesium powder was used to produce countermeasure flares which are used by the Department of Defense in military aircraft to divert heat-seeking missiles.

In April 2010, Wright, Gregory Magness, Justin Magness, William Nehill, 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 James C. Spero, 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 Leyla Samadi, formerly of Buffalo, NY, was arrested and charged by criminal complaint with illegally obtaining controlled substances by fraud. The charge carries a maximum penalty of four years in prison and a $250,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the complaint, between November 22, 2014 and January 7, 2015, the defendant tampered with pain medications Demerol and Hydromorphone while working as a registered nurse at Sisters of Charity Hospital in Buffalo.

The complaint states that Samadi, while working in her capacity as nurse, would log into a Pyxis machine which is used to automatically dispense liquid pain medications using her username and fingerprint scan. The defendant would identify the narcotic and patient it would be administered to. Samadi would remove the medication, take it to the patient, scan the patient’s wristband and scan the medication. But rather than administer the medication to the patient, the defendant would instead inject herself with the narcotic. Samadi then replaced the missing medication with saline solution and return it to the Pyxis machine. Once she returned the vile to the Pyxis machine, the defendant would cancel the transaction claiming that she had selected the wrong medication or the wrong patient. 
Samadi was arrested this morning at her home in Germantown, Maryland. She will make an initial appearance today in the District of Maryland before being returned to the Western District of New York for prosecution.

The complaint is the culmination of an investigation by the Food and Drug Administration, Office of Criminal Investigations, under the direction of  Acting Special Agent in Charge Jeffrey Ebersole, the New York State Attorney General’s Office, under the direction of Eric T. Schneiderman, New York State Department of Health, Bureau of Narcotic Enforcement, under the direction of Joshua Vinciguerra, and the New York State Office of the Attorney General, Medicaid Fraud Control Unit, under the direction of Chief Upstate Investigator Upstate William Falk.

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 Ashlee Cook, 24, of Leichester, NY, pleaded guilty to conspiring to recruit an underage girl to commit a commercial sex act before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of life in prison and a $250,000 fine. 

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that Cook and her boyfriend, Jacob Shamp, 23, posted an ad on Backpage.com, advertising a minor victim for prostitution. Law enforcement officers conducted an undercover operation and arranged to meet the girl in Gates, NY. When officers arrived, they took a statement from the minor victim.

Jacob Shamp was convicted of the same charge. Both defendants will be sentenced on September 4, 2015 at 10:00 a.m. and 11:00 a.m. respectively before Judge Geraci.

The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Craig Hanesworth, and the Gates Police Department, under the direction of Chief James VanBrederode.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that John Casey, 47, formerly of Greece, NY, who was convicted of possession of child pornography, was sentenced to 48 months in prison and 10 years supervised release by U.S. District Court Judge Elizabeth A. Wolford. The defendant will have to register as a sexual offender.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in March 2014, Federal Agents from Homeland Security Investigations working online in an undercover capacity observed the defendant sharing images of child pornography on the internet. At that time, they were able to download several sexually explicit images of children being raped from the defendant’s computer. They identified Casey’s physical location and then obtained and executed a federal search warrant for his Greece residence. During the search, agents seized multiple digital items which were forensically analyzed. Child pornography images and movies were recovered from two laptops which were also linked to the files shared online. Some of the images depicted children as young as infants being sexually abused.

Federal investigators reviewed the defendant’s time records and online activities and determined that the child pornography was downloaded during times when Casey was not at work as a Greece Police Officer. Agents also determined that no official or departmental equipment was used. Officers from the Greece Police Department assisted with the investigation.

The sentencing is the culmination of an investigation on the part of Officers of the Greece Police Department, under the direction of Chief Patrick Phelan and Special Agents of 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 Debra Arno, 56, formerly of Amherst, NY, was arrested and charged by criminal complaint with federal murder-for-hire. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that according to the complaint, on May 26, 2015, the Kenmore Police Department received a tip about a murder for hire plan. The individual told officers that another person had been given money by the defendant to murder her ex-husband, his current wife and their daughter. The individual reported to officers seeing hand written letters detailing the schedule and current residence of the family along with photos. On May 27, the Kenmore Police Department identified Arno’s ex-husband, his wife and their daughter. Officers also alerted the victims of the murder-for-hire plan.

On May 28, 2015, a search warrant was executed at the residence of the person allegedly hired by the defendant to carry out the murders. Officers seized a number of items including multiple documents from Arno to the individual including photos of the intended victims, a diagram of their residence and a schedule of their activities. Also seized were two cellular telephones and three shotguns.

The complaint alleges that Arno was going to pay the defendant a total of $20,000 to commit the murders.

Arno made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained pending a detention hearing on June 2, 2015 at 11:15 a.m.

The criminal complaint is the result of an investigation by the Village of Kenmore Police Department, under the direction of Chief Peter Breitnauer, the East Aurora Police Department, under the direction of Chief Ronald Krowka, and the Federal Bureau of Investigation Safe Streets Task Force 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.

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 Michael Hogan and Maximillion Broadnax, both of Rochester, NY, were arrested and charged by criminal complaint with conspiring with each other to rob and with robbing the Chase Bank at 2900 Dewey Avenue in Rochester. The charges carry a maximum possible penalty of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Charles E. Moynihan, who is handling the case, stated that according to the complaint, on May 22, 2015, Hogan entered the Chase Bank just after it opened and passed the bank teller a note demanding money and saying that nobody would be hurt if the teller complied. The teller provided Hogan with a specific amount of United States Currency.

Hogan left the bank and entered a white minivan in which Broadnax was waiting and the two drove away. Broadnax was arrested later that same day at 17 Second Street in Rochester by members of the Rochester Police Department who were looking for him in connection with his involvement in stolen vehicles.  While taking Broadnax into custody, officers saw that Broadnax’s pants fell down and a large amount of United States currency fell out. Officers investigating the case also took Hogan into custody when he approached 17 Second Street.

The charges are a culmination of an investigation by the Rochester Area Major Crimes Task Force which includes the Federal bureau of Investigation, the New York State Police, the Rochester Police Department, the Gates Police Department and the Greece Police Department and the Irondequoit Police Department.

The fact that the defendants have been charged with a crime is merely an accusation and the defendants are 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 Gail Bishop, 44, of Tonawanda, NY, pleaded guilty to attempt to possess with intent to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on February 3, 2013, the defendant arranged to purchase cocaine from a confidential source (CS) working with the Drug Enforcement Administration at a local coffee shop in Buffalo, NY. Bishop was arrested on February 4, 2013 after providing the CS with $5,000 in United States currency.

Officers subsequently conducted a search of the defendant’s residence and recovered nearly 80 grams of cocaine and items used to cut and package cocaine. Bishop co-owned the residence with her husband Anthony Bishop who was, at the time, and remains in jail for an October 2013 conviction on drug trafficking charges.

The conviction 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.

Sentencing is scheduled for September 10, 2015 at 1:00 p.m. before Judge Arcara.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned an indictment charging Aaron L. Rucker, 38, of Rochester, NY, with attempted Hobbs Act robbery and use of a firearm during a crime of violence. The charges carry a mandatory minimum penalty of seven years in prison and a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Frank H. Sherman, who is handling the case, stated that according to the indictment, on November 4, 2014, the defendant is accused of attempting and conspiring to rob money and controlled substances from an individual engaged in the unlawful distribution and possession of controlled substances, including heroin and marijuana. Rucker is also accused of brandishing a firearm in furtherance of the crime.

Rucker was arraigned this afternoon before U.S. Magistrate Judge Johnathan W. Feldman. He is being held pending a detention hearing on June 4, 2015 at 4:00 p.m. 

The indictment is the culmination of an investigation on the part of the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Tyrell Fuqua-Hayes, 38, of Jamestown, NY, was arrested and charged by criminal complaint with making false statements and representations. The charge carries a maximum penalty of five years and a $250,000 fine.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, in January 2015, Hayes alleged that he met a man who was arrested in another federal case while they were in custody together at the same jail.  The defendant claimed that the man provided him with contact information and advised Hayes that he would be reaching out to him.

The complaint further states that in May 2015, Hayes advised the Federal Bureau of Investigation that he was receiving text messages from the man he met in jail indicating that the man wanted to pay the defendant $5000 to kill witnesses in that man’s case. The complaint also states that Hayes later admitted he created the text messages himself and that lied about the recent conversations between the man and himself.  

The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Rochester Police Department, the Monroe County Sheriff’s office and Immigration and Customs Enforcement, Homeland Security Investigations.
 
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 students across the City of Buffalo are taking a stand against violence and promoting peace.

The U.S. Attorney’s Office is partnering with the Buffalo School District, Buffalo Police and the Stop the Violence Coalition for Peace Pledge Day. Students in grades Kindergarten through 12 are signing a Peace Builder’s Pledge or taking part in some other anti-violence activity.

“All residents in our community, including the very youngest, are entitled to life, liberty and the pursuit of happiness,” said U.S. Attorney Hochul. “These students today, from the young five year old kindergartener to the 17 year old high school senior, are taking the brave step of saying no to guns and yes to peace; no to drugs and yes to good choices; and no to bullying and yes to tolerance.”

U.S. Attorney Hochul, along with Buffalo Schools Associate Superintendent of Student Support Services Will Keresztes, Buffalo Police Chief Kim Beaty and Stop the Violence Coalition President Murray Holman visited Riverside High School. Students there designed, produced and sold non-violence buttons that read “NO H8,” “no room in my heart for VIOLENCE,” NO HATE,” and “NO HATE JUST LOVE.” Proceeds from the button sale are being donated to the Stop the Violence Coalition.

Peace Week events at Riverside also included a random acts of kindness day and wear olive green to symbolize peace day. Student Aubrey Heske stated “Friday is our Spread Positive Messages Day that was inspired by the positive post-it notes movement and the “You are beautiful” billboards across Western New York.

The U.S. Attorney, Superintendent, Chief and Mr. Holman also visited PS #97 where students in grades K-12 signed a peace pledge vowing to honor the pledge and make our community safer for all.

U.S. Attorney Hochul further stated “Each of these students has the power within them to be a peacemaker. I commend them for taking this stand because, even at their age, such actions will go a long way in having a positive impact in our community.”    

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

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Charles Kane, 46, of Spencerport, NY, with attempted online enticement of a minor. The charge carries a mandatory minimum penalty of 10 years, a maximum of life, a $250,000 fine or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant was arrested April 2, 2015 as he attempted to meet with a person he thought was a 14 year old girl. Kane, a middle school teacher in the Hilton School District, had in his possession a box of condoms and a tube of lubricant.

The investigation determined that in October 2014, the defendant posted an ad on Craigslist which read “daddy/daughter. Love younger women.” A federal law enforcement officer, working in an undercover capacity, posed as the father of a young daughter and conversed with Kane online for the next several months. During these conversations, Kane discussed traveling to meet the undercover and engaging in sexual activity with his ten year old daughter.

On January 26, 2015, another undercover officer noticed a different sexually explicit ad on Craigslist which was traced back, once again, to the defendant. The officer responded to the ad in the persona of a 14 year old girl. Kane responded that he was “down with it.” The defendant asked the girl where she lived and said he wanted to meet her. The two remained in contact through March of 2015. During online chats, Kane sent the undercover officer photos of himself, including one he took in the men’s room at the Middle School where he taught, and repeatedly asked for photos of the 14 year old girl. Also during the chats, the defendant repeatedly discussed engaging in sexually explicit activity with the child and traveling to and meeting with the child for sexual purposes. One message read “I could get a room and I could sneak you there.” Kane acknowledged that he could get in “big trouble” and told the girl “this is between you and me.”

Following repeated requests, the girl agreed to meet the defendant at a theatre in Webster on April 2, 2015. The defendant was observed entering a pharmacy just before meeting with the undercover, where they learned that Kane purchased a box of ribbed condoms. Kane was arrested as soon as he pulled up to the theatre parking lot. He has been in federal custody since his arrest, and was held following a detention hearing last month.      

The indictment is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and the Federal Bureau of Investigation Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that James S. Allen, 38, of New Baltimore, MI, pleaded guilty to production of child pornography and cyberstalking before U.S. District Judge Richard J. Arcara.  The charges carry a mandatory minimum 15 years in prison, a maximum of 30, and a fine of $250,000.

“This case demonstrates just how far a sexual predator is willing to go in order to harm children for his own gratification,” said U.S. Attorney Hochul. “It also serves as yet another reminder to parents, caregivers and children alike that the internet – while beneficial – can also be a dangerous environment in which the virtual world is used to commit real life damage to victims.”

Assistant U.S. Attorneys Aaron J. Mango and Scott S. Allen, who are handling the case, stated that between April and August of 2012, the defendant utilized the internet and text messages to stalk, communicate with, and threaten 18 female victims in the Western District of New York, many of them minors, in an effort to obtain pornographic pictures of the minors. Allen contacted the victims and told them that he found naked pictures of them on the internet. The defendant then directed the victims to a specific website to view the pictures. In reality, the website was a front or a phishing site by which the defendant sought to surreptitiously obtain the victim’s private e-mail address and password.  

Once the targeted victim input the requested information, the victim=s personal e-mail addresses and passwords went straight to the defendant via the internet. Allen then seized control of the victim’s e-mail accounts, contacted the victims, and threatened that if they did not engage in a Skype video chat with him, he would distribute naked photos of the victims over the internet. Once a victim and the defendant logged onto Skype (the defendant utilized the screen name “shhh.shhh,” Allen further demanded that the victims take their clothes off and engage in sexual conduct, with the additional threat that naked pictures of them would be sent out to all of Western New York if the girl did not comply. As a result of the defendant's repeated and sustained harassment of the victims, many victims suffered substantial emotional distress.

The plea is the culmination of an investigation by on the part of Special Agents of the Federal Bureau of Investigation’s Child Exploitation Task force which includes the Buffalo Police Department, the Cheektowaga Police Department, and the Niagara County Sheriff’s Office, and the Kenmore Police Department, under the direction of Chief Peter Breitnauer. Additional assistance was also provided by the FBI Forensic Laboratory in Quantico, Virginia, and the Western New York Regional Computer Forensic Laboratory.
 
Sentencing is scheduled for September 14, 2015 at 1:00 p.m. before Judge Arcara.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jack Jett, 41, of Hemlock, NY, was arrested and charged by criminal complaint with unlawful possession and importation of Alpha PVP, a schedule I controlled substance. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.

“Some areas around the country are sounding the warning bell about the dangerous effects of Alpha PVP,” said U.S. Attorney Hochul. “In the last year alone, our Office has prosecuted nine defendants on charges involving this dangerous and potentially deadly drug. Seven of those nine defendants now stand convicted.”
Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that according to the complaint, the defendant was arrested following the controlled delivery of a package containing approximately three kilograms of Alpha PVP, a schedule I designer drug. The package was sent to Jett at his residence in Hemlock from China. The complaint states that the defendant admitted to law enforcement officers that he ordered the package from China and he knew that it contained Alpha PVP. The defendant further admitted that he distributed Alpha PVP.

Alpha PVP, more commonly known as bath salts, is a schedule I controlled substance that has been reported to be the cause or a contributing cause of death in suicides and polydrug overdoses. Alpha PVP has also been known to cause paranoia and hallucinations.

U.S. Attorney Hochul further stated “Ordering any legal drug online must be done very carefully and under the strict guidelines of a medical professional. The public should also know that if you order illegal drugs, you will be prosecuted to the fullest extent of the law.”

Jett made an initial appearance before U.S. Magistrate Judge Johnathan W. Feldman and was released on bail.

The criminal complaint 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 United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, the New York State Police, under the direction of Major Craig Hanesworth, the Hornell Police Department, under the direction of Chief TJ Murray, the Steuben County Sheriff’s Department, under the direction David V. Cole, and the Ontario County Sheriff’s Department, under the direction of Philip C. Povero.

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 Jerry Robbins, 45, of Cheektowaga, NY, who was convicted following a jury trial of money laundering and failure to report cash transactions of $10,000 or more, was sentenced to 63 months in prison by U.S. District Court Judge Thomas J. McAvoy.

Assistant U.S. Attorneys Joel L. Violanti and Edward H. White, who handled the prosecution of the case, stated that Robbins, owner of Finish Line Auto on Bailey Avenue in Buffalo, helped drug dealers launder proceeds of their illicit business by purchasing high end used cars. During these sales, the drug dealers would pay the defendant cash for cars ranging in price from $10,500 to $45,000. Robbins used the name of another person in sales and title paperwork to disguise the true purchaser and source of the money.
 
In addition, in an effort to conceal the amount of money received for the sale of the car, Robbins listed that only a small deposit was received from the third party nominee, when, in fact, the drug dealers had paid cash in full for the car. For each of these types of transactions, Robbins also failed to file the proper forms with the Internal Revenue Service indicating the receipt of over $10,000 cash for the sale of the car, as required by law.

The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, and the New York State Department of Motor Vehicles, under the direction of Commissioner Barbara J. Fiala.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Antwan Garner, 30, of Buffalo, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from co-defendants Michael Robertson and Antwon Steward. Garner then repackaged the cocaine into smaller amounts for re-sale 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.

Garner was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. He is the fifth to be convicted. On March 24, 2015, an additional seven members and associates were indicted.  Four other Schuele Boys members were indicted separately. 

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.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ricardo Garza, 52, of Houston, TX, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and 100 kilograms or more of marijuana, was sentenced to 151 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Edward H. White, who handled the case, stated that between January 2010 and December 9, 2011, the defendant conspired with James Leon, Richard Himbury, Daniel Garza and others, to distribute cocaine and marijuana. Garza supplied the drugs to James Leon who then redistributed them to Himbury and others.

On November 15, 2011, Special Agents with the Drug Enforcement Administration and members of the Southern Tier Regional Drug Task Force executed a search warrant at James Leon's residence in State Route 394 in the Town of Coldspring, NY. Officers found a grocery bag full of marijuana in the living room and a canister containing approximately four ounces of cocaine in the bathroom, as well as scales used to measure quantities of controlled substances.

Richard Himbury was arrested on November 15, 2011. Agents then searched his residence on St. Amelia Drive in Tonawanda, NY and located approximately eight kilograms of cocaine, 100 pounds of marijuana and $100,000.00 in United States currency. Himbury stated to the agents that one of his sources of supply was James Leon adding that Leon's source of supply for cocaine and marijuana was a Mexican male, later identified as Ricardo Garza.

James Leon, Richard Himbury, and Daniel Garza have been convicted and are awaiting sentencing.

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

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Terry M. Dickinson, 56, of Millport, NY, who was convicted following a jury trial of distribution of child pornography, receipt of child pornography and possession of child pornography, was sentenced to 40 years in prison and lifetime supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Tiffany H. Lee, who handled the prosecution of the case, stated that an undercover agent in Elmira, NY, downloaded child pornography from the defendant, through a peer-to-peer software program, in June and July of 2010.  Agents executed a search warrant at Dickinson’s residence in August 2010 and seized items of digital media, including computers, thumb drives and memory cards. A forensic analysis determined that the memory cards contained images and videos of child pornography.

The search warrant led to the discovery of a notebook containing handwritten notes that appeared to detail the defendant's sexual encounters with children.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, investigators and troopers of the New York State Police, Troop E, under the direction of Major Craig Hanesworth; and deputies and Investigators from the Chemung County Sheriff’s Office under the direction of Sheriff Christopher Moss.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Keith Mixon, 23, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to five years in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on April 14, 2013, Buffalo Police responded to a call for an individual brandishing a gun at a party at a residence on Newburgh Avenue. When officers arrived, Mixon had 19 packets of methylone, a controlled substance sometimes known as bath salts. Officers later found a .40 caliber Glock handgun, the gun that the defendant was brandishing.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.