Western District of New York

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Kalah Bishop, 27, of Buffalo, NY, pleaded guilty today to access device fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that beginning in 2012, the defendant and her associates filed fraudulent federal and New York State income tax returns for more than 49 individuals. The tax refunds were deposited onto debit cards, which were then used by Bishop and her associates to make purchases and withdraw cash.

The tax refunds received by the defendant and her associates totaled $435,064.  Bishop will be required to pay restitution of $416,192 to the Internal Revenue Service, and $18,872 to the New York State Department of Finance.

The plea is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen, and investigators from the New York State Department of Taxation and Finance, Criminal Investigations Division, under the direction of Michael Szrama.

Sentencing is scheduled for September 11, 2015 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 William Key, of Buffalo, NY, pleaded guilty to conspiracy to distribute 50 kilograms or more of marijuana, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the defendant participated in a drug trafficking network which distributed hundreds of pounds of marijuana in the City of Buffalo. Key was on probation following a state drug conviction at the time of his arrest on federal charges.

Key was arrested along with four others involved in the conspiracy. Defendants Mark Moodie, Oneil Bennett, and Wilfred Taylor, have been convicted. Charges are pending against Raymond Lee. 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.

This plea is the culmination of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by Special Agents of Immigration & Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge J. Michael Kennedy, and the New York State Police, under the direction of Major Michael Cerretto.

Sentencing is scheduled for September 11, 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 Preston Field, 23, of Webster, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that from November 2012 to March 2014, the defendant downloaded and stored more than 600 images child pornography, including images portraying sadistic conduct and violence.  Field also made his collection available for others to view and download.

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

Sentencing is scheduled for August 5, 2015, at 9:30, 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 Demetrius Holmes, 24, of Buffalo, NY, pleaded guilty to being a felon in possession of a weapon before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on July 23, 2014, law enforcement officers executed a search warrant at the residence of Holmes on Schuele St. in Buffalo. Officers recovered a 20 gauge shotgun. The defendant was previously convicted on a state robbery charge which prevented him from legally possessing a firearm.

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

Holmes was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. He is the fourth 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 September 4, 2015 at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that James Chatmon, 36, of Buffalo, NY, pleaded guilty today to conspiracy to defraud the Internal Revenue Service by making false claims for income tax refunds before U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Chatmon gathered biographical information from more than a dozen individuals which he then used to generate false W-2 forms. The individuals then used the forms to file false Federal and New York State income tax returns. Claims for refunds and credits were made on 17 tax returns, even though the persons filing the returns were not entitled to any refunds.

Proceeds totaling $105,088 were divided between Chatmon and the tax-return filers during the scheme, which took place between January 2010 and April 2013.  The defendant will be required to pay restitution of $102,149 to the IRS, and $2,939 to the New York State Department of Finance. The total attempted loss figure exceeds $120,000, as some of the false returns did not result in refunds.

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

Sentencing is scheduled for September 3, 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 Preston Field, 23, of Webster, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that from November 2012 to March 2014, the defendant downloaded and stored more than 600 images child pornography, including images portraying sadistic conduct and violence.  Field also made his collection available for others to view and download.

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

Sentencing is scheduled for August 5, 2015, at 9:30, 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 James Chatmon, 36, of Buffalo, NY, pleaded guilty today to conspiracy to defraud the Internal Revenue Service by making false claims for income tax refunds before U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Chatmon gathered biographical information from more than a dozen individuals which he then used to generate false W-2 forms. The individuals then used the forms to file false Federal and New York State income tax returns. Claims for refunds and credits were made on 17 tax returns, even though the persons filing the returns were not entitled to any refunds.

Proceeds totaling $105,088 were divided between Chatmon and the tax-return filers during the scheme, which took place between January 2010 and April 2013.  The defendant will be required to pay restitution of $102,149 to the IRS, and $2,939 to the New York State Department of Finance. The total attempted loss figure exceeds $120,000, as some of the false returns did not result in refunds.

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

Sentencing is scheduled for September 3, 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 Eduardo Galan, 64, of Brockport, NY, pleaded guilty to mail fraud and money laundering before U.S. District Judge Frank P. Geraci. The combined charges carry a maximum penalty of 30 years in prison and a $500,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Galan owned and controlled a financial services business, S&G Unlimited Services, in Brockport. The defendant was a registered securities broker until October 2008, at which time he was barred from the industry. From January 2008 to March 2013, Galan engaged in a Ponzi scheme. The defendant promised investors that he would use their money to broker private mortgage transactions, but instead used it to repay earlier investors and cover personal and business expenses. In total, he defrauded 18 investors out of $821,912 before the fraud was discovered. As part of the plea deal, Galan also admitted that he owes other clients money as well, and agreed to pay the investment fraud victims and his other clients a total of $1,098,567.26.

The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Shantelle P. Kitchen.

Sentencing is scheduled for September 2, 2015, at 10:00, 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 Pravin Mehta, 77, of Amherst, NY, pleaded guilty to conspiring to illegally dispense controlled substances from his medical office by issuing prescriptions other than for a legitimate medical purpose and not in the usual course of professional practice, before Senior U.S. District Judge William M. Skretny. This conviction represents the 14th defendant charged and convicted as part of this investigation, including Office staff and other conspirators.

“This case demonstrates that those who would harm the community through illegal narcotics trafficking consist of far more than street corner drug dealers,” said U.S. Attorney Hochul. “In this case, a medical doctor, in his 70’s, stands convicted of turning his medical practice into a drug trafficking organization, complete with other conspirators and employees. This case – like others before it – also demonstrates that regardless of title or position, this Office will simply not allow anyone to contribute to the current public health crisis involving dangerous opiate substances.”

Drug Enforcement Administration Special Agent in Charge James J. Hunt stated, “Prescribing medication for no medical purpose opens the door to drug addiction. Nearly 80 percent of people who recently started using heroin had previously used prescription pain relievers illegally. To combat opioid addiction, DEA and our law enforcement partners are committed to identifying and investigating those responsible for diverting pain medication while using resources to educate the public about the perils of opioid abuse.” 

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that Mehta is a former physician who practiced medicine in the City of Niagara Falls. The defendant surrendered his medical license immediately after being first charged in this case in January 2011.

Mehta wrote prescriptions for narcotic pain medications, such as fentanyl, hydrocodone, oxycodone, and oxymorphone, for individuals without conducting legitimate medical examinations. In 2010, the Government sent four individuals who were part of the investigation to see the defendant at his office on 10 different occasions. On all but the last visit, Mehta issued prescriptions for controlled substance pain medication at the request of the individuals without conducting a thorough medical exam.

In addition, on four separate occasions between December 2007 and January 2010, prior to leaving the country for multiple weeks, the defendant signed blank prescriptions and directed his office manager, who was not a trained medical provider, to complete the prescription by writing in a patient’s name, type, amount, and dosage of controlled substances whenever a patient came to the office in his absence seeking pain medication.  In fact, Mehta’s medical staff did not include any licensed medical professionals, such as other doctors, physician assistants, registered nurses, or licensed practical nurses.

U.S. Attorney Hochul further stated: “Such medications, when prescribed properly, can be very beneficial to a patients. But when they are abused can be dangerous and highly addictive. Let me be clear, a vast majority of physicians faithfully uphold their oath. For those who do not, be warned, we will prosecute to the fullest extent of the law.”  

The defendant was arrested in January 2011 along with 13 others. All 14 individuals have now been convicted. All but two have been sentenced.     

The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.  Mehta also forfeited the building that housed his medical practice, 550-552 Main Street in Niagara Falls, and $125,000 in United State currency.

The plea is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto, the Niagara County Sheriff's Drug Task Force under the direction of Sheriff James Voutour, the New York State Medicaid Fraud Control Unit, the New York State Bureau of Narcotic Enforcement, and the Internal Revenue Service, Criminal Investigation Division, New York Field Division under the direction of Special Agent in Charge Shantelle P. Kitchen.

Sentencing is scheduled for September 9, 2015 at 9:00 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 Sara Carbajal, 42, of Sodus, NY, who was convicted of submitting a false and fraudulent written statement, was sentenced to one year probation by U.S. District Judge Elizabeth A.Wolford.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Carbajal managed Carbajal Labor. In that role, the defendant filed a false Form I-9 for employment eligibility verification. On the form, Carbajal affirmed under penalty of perjury that the contents were true and accurate when she knew that the individual whose information she was verifying was present illegally in the United States and not eligible for employment.

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

CONTACT: Barbara Burns
PHONE:  (716) 843-5817
FAX #:                 (716) 551-3051
 
ROCHESTER, N.Y. U.S. Attorney William J. Hochul, Jr. announced today that Cody Yerden, 20 of Palmyra, NY, pleaded guilty to possessing child pornography involving pre-pubescent minors before U.S. District Court Judge Charles J. Siragusa. The charge carries a maximum sentence of 20 years in prison, a fine of up to $250,000, or both.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Yerden was first identified during an online child exploitation investigation conducted by Homeland Security Investigations. Agents learned that the defendant was posting images of child pornography to online websites located outside the United States which depicted children as young as four years old being sexually abused. They traced the activity to Yerden’s home, and executed a federal search warrant in March 2014. In an interview conducted while agents were executing the search warrant, the defendant admitted to using specific terms to search out images of child pornography. Agents seized multiple digital items from Yerden and found over a thousand images and movies showing young children being raped on several computers and an iPod.

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

Sentencing is scheduled for August 19, 2015, at 10:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y.– Attorney William J. Hochul, Jr. announced today that Thomas A. Sparks, 23, of North Tonawanda, NY, who was convicted of receipt of child pornography, was sentenced to 20 years in prison and 15 years supervised release by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in June 2013, the Federal Bureau of Investigation received a report that Sparks and a friend were downloading child pornography from the internet. Agents interviewed Sparks at his residence, who admitted that he had downloaded child pornography from the internet onto the flash drive.  Sparks also stated that prior to FBI’s arrival, he smashed the flash drive and threw it in the garbage. Sparks did this after getting a phone call he received from a friend stating that the FBI was on the way to interview him.

The flash drive was recovered from the garbage and was repaired by the FBI in Quantico, Virgina. A forensic analysis of the flash drive revealed approximately 94 images of child pornography. During the investigation, agents also recovered an alleged contract Sparks drafted. The contract sought to have his girlfriend agree that, in the event they marry and have children, she would participate in and assist the defendant in committing acts of child exploitation. Additionally, as part of the plea agreement, Sparks admitted that he engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.

The defendant’s conduct in the present case occurred approximately one month after being arrested and charged by the New York State Police with a separate child pornography investigation.

The sentencing is the result of an investigation by Agents of the Federal Bureau of Investigation, Detectives of the Cheektowaga Police Department, under the direction of Police Chief David Zack, and Investigators from the New York State Police, under the direction of Major Michael Cerretto. Additional assistance was also provided by the FBI Forensic Laboratory in Quantico, Virginia, and the Western New York Regional Computer Forensic Laboratory.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ivan Rosario, 20, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Edward H. White, who handled the case, stated that from 2011 through February 4, 2014, the defendant conspired with others to possess and distribute 100 grams or more of heroin and fentanyl, a Schedule II controlled substance. As part of the conspiracy, Rosario maintained a residence in Buffalo for the purpose of distributing heroin and fentanyl to his customers. The defendant sold the drugs on a daily basis and received cash paid by customers.

The plea was 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.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Todd Glenn Dean, 50, of Rochester, NY, pleaded guilty to enticing a minor to engage in illegal sexual activity before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that in September 2014, a minor male was approached by the defendant. Dean handed the minor a piece of paper with his telephone number on it. The minor then reported the incident to his mother who exchanged text messages with the defendant. Based on the exchanges, the mother notified law enforcement.

In October 2014, a law enforcement officer, posing as a 15 year old male, exchanged texts with Dean. The two arranged to meet in Genesee Valley Park for the purpose of having sex. The defendant was arrested when he arrived at the park.

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

Sentencing is scheduled for August 18, 2015 at 10:00 before Judge Larimer.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Terrance Williams, 25, of Rochester, NY, pleaded guilty to possession of counterfeit money before District Court Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $250,000fine.

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

The plea is the culmination of an investigation on the part of the Secret Service, under the direction of C. Todd Laster.
 
Sentencing is scheduled for August 8, 2015 at 12:00 p.m. before Judge Larimer.
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Terrance Williams, 25, of Rochester, NY, pleaded guilty to possession of counterfeit money before District Court Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $250,000fine.

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

The plea is the culmination of an investigation on the part of the Secret Service, under the direction of C. Todd Laster.
 
Sentencing is scheduled for August 8, 2015 at 12:00 p.m. before Judge Larimer.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charles Hanks, 46, of Rochester, NY, was arrested and charged by criminal complaint with mail fraud.  The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Hanks participated in a Jamaican lottery scam.  In this fraud, individuals were told that they had won a lottery and other prizes, and in order to collect the winnings, they needed to remit thousands of dollars in “fees.”  The scam targeted the elderly, some of whom lost their life savings. The defendant received money from the victims which he then forwarded to Jamaica after keeping a portion of the funds for himself.

The defendant made an initial appearance today before Magistrate Judge Jonathan W. Feldman. Hanks was released on conditions pending further proceedings on July 14, 2015, at 11:00 a.m.

The criminal complaint is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston 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 Jeffrey Wojcik, 36, of Cheektowaga, NY, pleaded guilty to obstruction of the mails before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.  The charge carries a maximum penalty of six months in prison and a $5,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendant, a former employee of the United States Postal Service, failed to deliver a bundle of mail that consisted of Bed Bath & Beyond advertisements. A concerned citizen who witnessed the incident reported it to the United States Postal Service, and the mail was recovered and delivered to its intended recipients.

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

Sentencing is scheduled for August 13, 2015 at 10:00 AM before Judge Schroeder.

CONTACT: Barbara Burns
PHONE:  (716) 843-5817
FAX #:                 (716) 551-3051
 
WASHINGTON – Under a $12 million settlement with the United States and the state of New York, Tonawanda Coke Corp. will pay $2.75 million in civil penalties, spend approximately $7.9 million to reduce air pollution and enhance air and water quality and spend an additional $1.3 million for environmental projects in the area of Tonawanda, New York.  The agreement was announced jointly by Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division, Regional Administrator Judith A. Enck for the Environmental Protection Agency (EPA), Commissioner Joseph Martens for the New York State Department of Environmental Conservation (NYSDEC) and Attorney General Eric T. Schneiderman for New York.
 
Under the consent decree lodged today in federal court in the Western District of New York, Tonawanda Coke must improve its processes, operations and monitoring for coke oven gas leaks, assess key equipment, repair or replace equipment, install new pollution controls and take many additional measures under a prescribed schedule.  This work, estimated to cost approximately $7.9 million, will secure significant reductions of benzene, ammonia and particulate matter emissions from the plant, improving air quality in Tonawanda and protecting public health.
 
“The community that is home to the Tonawanda facility is finally receiving the protections it deserves from its neighbor,” said Assistant Attorney General Cruden.  “We are pleased to be joining with the state of New York in this important environmental enforcement action, which holds Tonawanda accountable for its numerous violations of federal and state environmental laws and requires measures to achieve significant reductions in air and water pollution that will benefit Tonawanda residents for years to come.”
 
The settlement also requires Tonawanda Coke to pay a $1.75 million civil penalty to the United States to resolve violations of the Clean Air Act, the Clean Water Act and the Emergency Planning and Community Right-to-know Act, and pay a $1 million civil penalty to the state of New York, which is a co-plaintiff with the United States.  In addition to the state penalty, Tonawanda Coke will pay another $1 million to fund projects that will benefit the environment and the residents of Tonawanda.  Additionally, $357,000 will be provided to Ducks Unlimited, a nonprofit organization, to acquire and preserve wetlands.  In addition to protecting and enhancing water quality, wetlands reduce flooding, filter pollutants and provide habitat for fish and wildlife.
       
“Tonawanda Coke has been an environmental outlaw for too long,” said Regional Administrator Enck.  “Today’s legal settlement will provide greater public health protections for the people of Western New York.  I particularly want to thank the residents of Tonawanda, their elected officials, the Clean Air Coalition of Western New York and the Citizen Science Community Resources who all shined a spotlight on these pollution problems.  The community did their own air toxic monitoring, which revealed high levels of pollution.  This fine example of citizen science spurred government action to protect the community.”
 
“For years, Tonawanda Coke recklessly ignored clean air, clean water and community right-to-know laws,” Attorney General Schneiderman said.  “In doing so, the company ignored both its legal responsibilities and its responsibilities to the health and safety of the residents of the surrounding communities.  With this settlement – which requires the company to clean up its operations and pay New York $2 million for penalties and local environment improvement projects – we are holding Tonawanda Coke accountable for its actions.” 
 
“I would like to acknowledge the good work done by everyone involved in this joint state and federal enforcement action that has resulted in significant operational changes at the Tonawanda Coke facility and will continue to improve the air quality in the Tonawanda community,” said Commissioner Martens.  “Importantly, a portion of the civil penalty assessed under the consent decree will be used to fund environmental benefit projects that will further improve public health and the environment in Tonawanda.”
 
The company’s violations of the Clean Air Act resulted in releases of coke oven gas, which contains benzene and other harmful chemicals.  Tonawanda failed to install air pollution controls on its coke ovens, failed to properly monitor equipment for coke oven gas leaks, failed to conduct required annual maintenance inspections of emission controls and proper operations and maintenance and failed to complete multiple required reports among other violations.  Exposure to benzene and other hazardous air pollutants found in coke oven gas can significantly harm human health and excessive exposure to benzene is a known cause of cancer.
 
Under the terms of the settlement, Tonawanda Coke is currently installing coke oven battery pollution controls to limit coke oven gas emissions from the battery.  These controls are known as “pushing controls,” and are estimated to reduce particulate matter by up to 162 tons per year once fully operational.
 
Among the other actions that Tonawanda Coke is required to take are: • Repair or replace equipment in the by-products area.
• Install and operate pushing controls at the coke oven battery by the end of 2015.
• Install a continuous monitoring system on the battery stack.
• Comply with the particulate emission limits at the bag house stack.
• Improve coke battery work practices, operations and maintenance.
• Expand and improve the facility’s leak detection and repair program.
• Adopt a plan to control dust that is generated by its operations at the facility and reduce particulate emissions.
• Undergo a comprehensive evaluation by a third-party to assess its furnace coke production, coke oven walls and other key elements.
 
In addition, Tonawanda Coke will conduct additional auditing of its operations to implement necessary and appropriate changes that may arise from the third party audit.
 
Tonawanda Coke’s Clean Water Act violations include discharging wastewater and other prohibited pollutants in its stormwater discharges to the Niagara River, discharging excessive amounts of cyanide, ammonia and naphthalene in its process wastewater and allowing process water holding tanks to decay, pipes to leak and spill containment structures to become ineffective.  Tonawanda Coke’s illegal discharges and other Clean Water Act violations threatened human health and the ecology and economy of the Niagara River and Lake Ontario.
 
While Tonawanda Coke has largely resolved the Clean Water Act violations identified in the complaint, under the settlement, Tonawanda Coke’s facility will be subject to an independent, third-party audit of its Clean Water Act compliance and will be required to implement all necessary recommendations for improving facility operations.  EPA’s oversight of the facility’s Clean Water Act compliance will be ongoing.
 
Under the Emergency Planning and Community Right-to-Know Act, Tonawanda Coke failed to report that it manufactured benzene and ammonia in quantities that exceeded the 25,000 pound per year reporting threshold.  Companies that manufacture, process, import or otherwise use chemicals above a certain amount must annually submit chemical inventory information to local authorities and to the state, giving detailed information about the chemicals they have on location.  Tonawanda Coke has agreed to submit several years’ worth of information about its use and emissions of ammonia and benzene under this law.
 
The proposed consent decree was filed in federal court in the Western District of New York and will be subject to a 30 day public commenting period following its publication in the federal registry.  The consent decree can be viewed at http://www.justice.gov/enrd/Consent_Decrees.html
 
For more information about EPA’s actions at Tonawanda Coke and related legal documents, visit http://www.epa.gov/region02
 
Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.
 

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 Hicks, 45, 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-defendant Michael Robertson. Hicks 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.

Hicks was arrested along with 15 other Schuele Boys Gang members and associates in July 2014. He is the third to be convicted. On March 24, 2015, an additional seven members and associates were indicted.  Four other Schuele Boys members were indicted separately.   Aaron Glenn and Demario Robbins pleaded guilty on March 26 and March 27, 2015 respectively.

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.
While Tonawanda Coke has largely resolved the Clean Water Act violations identified in the complaint, under the settlement, Tonawanda Coke’s facility will be subject to an independent, third-party audit of its Clean Water Act compliance and will be required to implement all necessary recommendations for improving facility operations.  EPA’s oversight of the facility’s Clean Water Act compliance will be ongoing.
 
Under the Emergency Planning and Community Right-to-Know Act, Tonawanda Coke failed to report that it manufactured benzene and ammonia in quantities that exceeded the 25,000 pound per year reporting threshold.  Companies that manufacture, process, import or otherwise use chemicals above a certain amount must annually submit chemical inventory information to local authorities and to the state, giving detailed information about the chemicals they have on location.  Tonawanda Coke has agreed to submit several years’ worth of information about its use and emissions of ammonia and benzene under this law.
 
The proposed consent decree was filed in federal court in the Western District of New York and will be subject to a 30 day public commenting period following its publication in the federal registry.  The consent decree can be viewed at http://www.justice.gov/enrd/Consent_Decrees.html
 
For more information about EPA’s actions at Tonawanda Coke and related legal documents, visit http://www.epa.gov/region02
 
Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

CONTACT: Barbara Burns
PHONE:  (716) 843-5817
FAX #:                 (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dijaon Bland, 25, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute crack cocaine, was sentenced to 70 months in prison by U.S. District Judge Richard J. Arcara.

According to Assistant U.S. Attorney Thomas S. Duszkiewicz, Bland was a member of L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. The defendant sold crack cocaine from a “trap house” on Memorial Drive in Buffalo utilized by gang members. The house was run by Bland’s cousin and L.R.G.P. leader Dewayne Gray.

Bland is one of 19 L.R.G.P. members and associates indicted in this case. The defendant is the fifth to be convicted. On May 8, 2015, another 11 L.R.G.P. members and associates were also indicted on crack cocaine charges. 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 indictment is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force which included 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
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Mark Newman, 56, of Depew, 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. Attorney Aaron J. Mango, who is handling the case, stated that on September 26, 2012, a search warrant was executed at the defendant's residence. Items seized from Newman’s residence that contained child pornography included a Toshiba laptop computer. A forensic analysis uncovered approximately 300 videos of child pornography stored on the computer. Some of the images depicted prepubescent minors or minors less than 12 years of age, as well as images of violence. In addition, as part of the plea agreement, Newman admitted that he has engaged in a pattern of sexual abuse of a minor.

The plea is the result of an investigation on the part of Agents of the Federal Bureau of Investigation.

Sentencing is scheduled for August 13, 2015, at 4:00 p.m. before Judge Wolford.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Luis Guzman, 26, of Rochester, NY, pleaded guilty to distribution of heroin and possession of a firearm in furtherance of a drug trafficking crime, before U.S. District Judge Charles J. Siragusa. The charges carry a maximum penalty of life in prison and a $1,000,000 fine.

Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated on December 18, 2012, the defendant sold heroin and a .22 caliber revolver to a confidential informant during a police investigation. Guzman admitted to selling heroin and cocaine on approximately 18 other occasions between November 30, 2012 and March 7, 2013.  

The plea is the result of an investigation by 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 Investigators of the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for August 18, 2015 at 1:30 p.m. before Judge Siragusa.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has found Joseph Tigano, III, 51, guilty of manufacturing in excess of 1000 marijuana plants; possession with intent to distribute marijuana; maintaining a premises for the manufacturing of marijuana; conspiracy to manufacture and possess marijuana and maintain a premises for the manufacturing of marijuana; and being a felon in possession of a firearms. The charges carry a mandatory minimum of 20 years in prison, a maximum of life and a $10,000,000 fine.    

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the prosecution of the case, stated that on July 8, 2008, law enforcement officers executed a search warrant at the defendant’s Mill St. factory. During the search, officers discovered an active hydroponic marijuana grow operation which included 1414 plants. In addition, officers seized 100 pounds of harvested and processed marijuana packaged for sale. The estimated value of the processed marijuana is between $300,000 and $500,000.

Officers also seized three firearms, United States currency, money orders, and savings bonds. Also seized were a 2007 Cadillac Escalade, a 2005 Jeep Cherokee Limited, and a 2007 Haulmark Trailer.

Tigano was arrested on July 8, 2008 along with his father, Joseph Tigano, Sr., who has also been convicted and is awaiting sentencing. 
 
The verdict is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, with the assistance of the Cattaraugus County Sherriff’s Department, under the direction of Sheriff Timothy Whitcomb, and the Southern Tier Regional Task Force, under the direction of Cattaraugus County Sheriff’s Sergeant Ronald Lott, the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, and the Erie County Sheriff’s Department Aviation Unit, under the direction of Timothy Howard.

Sentencing is scheduled for August 13, 2015 at 3:00 p.m. before U.S District Judge Elizabeth A. Wolford, who presided over the trial of the case.

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 indicted 12 members and associates of the LRGP Gang and charged them with possession with intent to distribute, and to distribute, 280 grams or more of crack cocaine. The charge carries a mandatory minimum of 10 years in prison, a mandatory of life, and a $10,000,000 fine.

The LRGP gang, which operates primarily in the area of Lathrop, Rother, Playter and Gibson Streets in the City of Buffalo, is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.

Named in the indictment are:

• Nathaniel Myers
• Anthony Newbern
• Augustus Kidd
• Brandon Miller
• Damien Carmichael
• Erika Gray
• Judy Berry
• Ka’ron McDuffie
• Marcus Edwards
• Matthew Johnson
• Vaughn Owens
• Willielee Jernigan

Defendants Nathaniel Myers, Damien Carmichael and Matthew Johnson are also charged with maintaining a premises at 41 Houghton Avenue, Buffalo, NY, for the purpose of manufacturing, distributing and using crack cocaine. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine.

The indictment is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force which included 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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jimmy Sessions, 28, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) Conspiracy, was sentenced to 70 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 from 2000 to 2010, the defendant was a member of the 10th Street Gang, a criminal enterprise engaged in racketeering activity. As a part of his involvement in the 10th Street Gang, Sessions, along with other members and associates of the gang, sold cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo. The defendant possessed firearms with other 10th Street Gang members and conspired to distribute over five kilograms of cocaine and over 280 grams of crack cocaine as a part of the affairs of the 10th Street Gang.

All 44 defendants in this case have been convicted.
 
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Glenview Dairy, LLC, d/b/a Bergen Farms, of Odessa, NY, pleaded guilty to attempting to harbor illegal aliens before U.S. District Judge Frank P. Geraci. The defendant was also sentenced to pay a $60,000 fine.

Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, between 2102 and 2014, Bergen Farms employed 10 aliens knowing that the individuals were in the United Stated illegally.

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

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 Wilson, 26, of Corning, NY, pleaded guilty to theft from a health care benefit program, before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of one year in prison and a $5,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Wilson,  a member of the Plumbers & Steamfitters Local 267, participated in a scheme devised by Paul Harnas, Jr. to submit fraudulent dental claims for reimbursement from the Local 267 health fund. The defendant sought fraudulent payments totaling $6,358. In aggregate, Harnas, Wilson and others involved in the scheme submitted false claims to the Local 267 health fund totaling more than $65,000.

Harnas has been convicted and is awaiting sentencing.

The plea is the culmination of an investigation by Special Agents of 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, and the New York State Department of Financial Services, Frauds Bureau, under the direction of Superintendent Benjamin Lawsky.

Sentencing is scheduled for July 24, 2015 at 10:00 a.m. before Judge Payson.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Malisha Mobley, 30, of Buffalo, NY, pleaded guilty to conspiracy to defraud the government in the filing of false tax returns before U.S. District Judge Richard J Arcara. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.

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

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

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

Sentencing is scheduled for August 20, 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 Ryan Smolinski, 26, of Buffalo, NY, pleaded guilty to arson of a commercial building before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on June 13, 2014, Smolinski, along with co-defendant Lowell Carey and another co-conspirator, went to 349 Ontario St., occupied by WNY Property Contractors, and threw a Molotov cocktail onto the roof of the building and placed anpther Molotov cocktail underneath a garage door on the side of the building.

On the night of June 12, 2014, Smolinski had been drinking with Carey and the co-conspirator at Carey’s house. Smolinski was upset about his father losing his business, Western New York Property Contractors, which his father co-owned with another individual. Smolinski asked Carey and the co-conspirator if they would help him burn the building. They agreed and made the two Molotov cocktails from beer bottles they had been drinking from and using gasoline and a t-shirt as a wick.

Smolinski, Carey, and the co-conspirator proceeded to Western New York Property Contractors in the early morning hours of June 13, 2014 and set off the Lolotov cocktails. The outside of the building was burned in the areas where the Molotov cocktails were located resulting in approximately $2,207.89 in damages.
 
Charges are pending against Lowell Carey.  The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, and the Buffalo Fire Department, under the direction of Commissioner Garnell Whitfield.  

Sentencing is scheduled for August 27, 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 Justin D. Weese, of Albion, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to converting to his own use machinery belonging to the United States Federal Aviation Administration. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.
 
Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that Weese was an employee of the Federal Aviation Administration. In June 2014, the defendant was tasked with taking a welder, a mower, and a trailer to a scrap yard. Instead, Weese kept the items for his own personal use. In addition, the defendant was supposed to take an all-terrain vehicle to be traded in for a newer model and again, Weese kept the vehicle for his own use.

The plea was the culmination of an investigation on the part of Special Agents of the Department of Transportation, Office of Inspector General.         

Sentencing is scheduled for August 6, 2015 at 9:00 a.m. Judge Siragusa.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Derrick Yancey, 27, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy), was sentenced to 168 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that from 2005 through 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Yancey admitted driving fellow 10th Street Gang members to shoot rival 7th Street Gang members.  Specifically, on September 15, 2008, the defendant drove armed 10th Street Gang members to shoot rival 7th Street Gang members, who were standing outside on Busti Avenue in Buffalo. While Yancey drove the car, his 10th Street Gang accomplices shot and killed Omar Fraticello-Lugo, and injured two others. The defendant then drove the shooters from the scene. Brandon Bobbitt was also convicted for his role in the murder of Omar Fraticello-Lugo.

Yancey is one of 44 10th Street Gang members and associates charged and convicted in this case.    

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Thi Nguyen, 40, of West Seneca, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to collect extension of credit by extortion. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that a confidential witness placed bets on NFL football games with Nguyen and other individuals during the 2012 season. On May 7, 2013, the defendant and co-defendant Eric Battistoni told the witness his outstanding debt of $24,000 On May 15. 2013, at a pre-arranged meeting, it was determined the witness would would make $300 payments every Friday until the debt was settled. Battistoni also threatened violence if the witness did not make a payment.

Nguyen and Battistoni were arrested on May 31, 2013. During the execution of a search warrant at Nguyen’s residence, officers seized numerous ledgers used in the defendant’s bookmaking activities.

Charges are pending against Battistoni. 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.

Sentencing is scheduled for August 26, 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 Clifford B. Smith, 34, of Buffalo, NY, who was convicted of bank robbery and tampering with a witness, was sentenced to 151 months in prison and ordered to pay restitution in the amount of $31,392 by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 2011 and November 2011, Smith robbed four HSBC Bank locations throughout the City of Buffalo.  On each occasion, he presented the teller with a note and threatened a gun.

During the last robbery, Smith brandished a gun and robbed three tellers and told the tellers that if a dye pack goes off outside, someone is going to get shot.  During this robbery, one of the customers experienced chest pain and thought she was having a heart attack. The defendant robbed the branch twice within two weeks, and one of the tellers recognized Smith from the earlier robbery.

Smith also attempted to convince a witness to lie and say that she was with the defendant when the robberies occurred. Smith later sent a letter to the woman providing her with some of the dates that he wanted her to use for his alibi.

The sentencing is the culmination of an investigation by the Buffalo and Philadelphia Offices of the Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that James Humphrey, Jr., 41, of Buffalo, NY, pleaded guilty to conspiracy to distribute over 500 grams of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years, a maximum of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that the defendant, along with co-defendants, distributed multiple quantities of cocaine between 2009 and January 2010. Humphrey traveled to Ohio to obtain quantities of cocaine for distribution. The defendant was arrested along with four others. All five defendants have now been convicted. 

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

Sentencing is scheduled for August 26, 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 John Ruth, 40, and Michael Jachimiak, 37, both of Lancaster, N.Y., pleaded guilty to conspiracy to manufacture methamphetamine, 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 Mary Catherine Baumgarten, who is handling the case, stated that in the early morning hours of June 19, 2014, officers from the Lancaster Police Department conducted a trash pull at 97 Field Street in Lancaster and seized approximately 736 spent pseudophedrine blister packs, and receipts for the purchase of precursor materials used to manufacture methamphetamine. Later that day, officers and Drug Enforcement Administration special agents executed a NYS search warrant at the residence. Officers seized 3-hydrocholoric acid gas generators, hypodermic needles containing suspected liquid methamphetamine, white, crystalline substance weighing approximately 43.27 grams, Mason jars containing “one-pot” methamphetamine laboratory residue, 1 Coleman fuel bottle, 1 can of Zippo acid, 2 bottles of ammonium nitrate, and other precursors used to manufacture methamphetamine.

Ruth manufactured methamphetamine, with the assistance of Jachimiak, numerous times at the residence. At various times, Ruth arranged for other individuals to purchase pseudophedrine tablets and other materials needed to manufacture methamphetamine.  Ruth used some of the methamphetamine and sold some of it. The substances seized  were sent to the DEA Northeast Regional Laboratory for analysis, which confirmed that the substances contained methamphetamine residue.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Lancaster Police Department, under the direction of Chief Gerald Gill.

Ruth will be sentenced on August 24, 2015 at 1:00 p.m., Jachimiak on August 20, 2105 at 12:30 p.m., both 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 Adrian Clemons, 34, of Rochester, NY, who was convicted of counterfeiting United States currency, was sentenced to one year in prison by U.S. District Court Judge Charles J. Siragusa.

Assistant U.S. Attorney John J. Field, who handled the case, stated that between January 2013 and March 2013, Clemons created more than $10,000 in counterfeit $50 and $20 bills using a scanner and a printer. The defendant then sold the counterfeit bills to others to pass at local stores in Rochester as genuine currency. Victims of the scam also included individuals who had advertised personal items for sale.

The plea is the culmination of an investigation by Special Agents of the 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 Ronald Carter, 59, of Niagara Falls, NY, pleaded guilty to conspiracy to distribute over 500 grams of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years, a maximum of 40 years and a $5,000,000 fine.

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

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

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

Sentencing is scheduled for August 26, 2015 at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Brian Morath, 34, of Kenmore, NY, who was convicted of extortion, was sentenced to 37 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay $130,000 in restitution.

“This defendant preyed upon one of the more vulnerable members in our community,” said U.S. Attorney Hochul. “Thankfully, this elderly victim alerted law enforcement and we were able to arrest and convict the defendant and prevent him from victimizing this or other individual.”  
 
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between December 2012 and October 2013, Morath extorted $130,000 from an elderly victim. During this time, the defendant threatened the victim on multiple occasions claiming that if the victim did not give him money, individuals would be sent to collect the money from him. The victim made several cash withdrawals from a savings account but eventually he advised Morath that he could not pay any more money.
 
Subsequently, the victim started receiving voice mails and text messages from the defendant threatening physical harm if he did not give the defendant any more money. On October 7, 2013, law enforcement officers monitored the defendant’s phone and confirmed that Morath made several threatening communications to the victim over the phone and through text messages. Investigators were able to determine that the the messages were being sent by the defendant. 
 
The sentencing is the culmination of an investigation on the part 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 Ignacio Huergo, 44, of Miami, Florida, pleaded guilty before U.S. District Judge Richard J. Arcara to concealing financial institution fraud. The charge carries a maximum penalty of three years in prison, and a $250,000 fine.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that Huergo worked for Frank Garcia who owned Federal Guaranty Mortgage Company (FGMC) and Guaranty Reality and Investment (GRI) as a bookkeeper and tax preparer between 2006 and 2008. During that time, the defendant became aware of Garcia’s business practices. Garcia used Huergo and another person as straw buyers as part of a vast mortgage fraud scheme. The defendant also knew that Garcia manipulated financial statements drafted by Huergo indicating that FGMC had a minimum net worth of over $1,000,000.  These statements were sent to financial institutions. The defendant failed to notify anyone about Garcia’s fraud which resulted in a $24,000,000 loss to financial institutions, including M&T Bank which was defrauded out of $4,400,000.

Garcia has been convicted and is awaiting sentencing.

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

Sentencing is scheduled for August 20, 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 Brandon Wilson, 26, of Corning, NY, pleaded guilty to theft from a health care benefit program, before U.S. Magistrate Judge Marian W. Payson. The charge carries a maximum penalty of one year in prison and a $5,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Wilson,  a member of the Plumbers & Steamfitters Local 267, participated in a scheme devised by Paul Harnas, Jr. to submit fraudulent dental claims for reimbursement from the Local 267 health fund. The defendant sought fraudulent payments totaling $6,358. In aggregate, Harnas, Wilson and others involved in the scheme submitted false claims to the Local 267 health fund totaling more than $65,000.

Harnas has been convicted and is awaiting sentencing.

The plea is the culmination of an investigation by Special Agents of 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, and the New York State Department of Financial Services, Frauds Bureau, under the direction of Superintendent Benjamin Lawsky.

Sentencing is scheduled for July 24, 2015 at 10:00 a.m. before Judge Payson.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Malisha Mobley, 30, of Buffalo, NY, pleaded guilty to conspiracy to defraud the government in the filing of false tax returns before U.S. District Judge Richard J Arcara. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.

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

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

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

Sentencing is scheduled for August 20, 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 Rai Johnson, 35, of Buffalo, NY, pleaded guilty to being a felon in possession of firearms and ammunition, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was previously convicted of a felony violation of the Clean Air Act relating to the Kensington Towers matter. On December 23, 2014, Johnson possessed firearms, namely, one Mossberg, Model 500A, 12 gauge shotgun and one Brazilian, CBC, .22 caliber rifle. In addition, the defendant had multiple rounds of ammunition.

The plea is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-In-Charge Delano A. Reid, New York Field Division.

Sentencing is scheduled for August 17, 2015 at 12:30 p.m. 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 Felix Santos, 41, who was convicted of assaulting an officer of the United States, was sentenced to 14 months in prison.

Assistant U.S. Attorney Edward H. White, who handled the case, stated that on October 24, 2013, Felix Santos yelled at and put his hands on the chest of a United States Border Patrol Agent, who, at the time, was an employee of the United States and engaged in official duties. At the time, the agent was responding to a complaint by a hotel manager that the defendant would not leave the Sheraton Hotel at 300 Third Street, Niagara Falls, New York after being asked to leave multiple times.

"We as a community ask a great deal of our law enforcement officers, said U.S. Attorney Hochul. “One thing we won't tolerate is an officer being assaulted in the course of her or his duties."

The sentencing is the result of an investigation by the Federal Bureau of Investigation and the United States Border Patrol, under the direction Steven J. Oldman, Patrol Agent in Charge.

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 Varner, 56, of Buffalo, NY, pleaded guilty to maintaining a drug involved premises before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine. 
 
Assistant U.S. Attorney Timothy C. Lynch, who is handling the prosecution, stated that between the summer of 2012 and April 3, 2013, the defendant allowed his co-defendants to utilize his apartment, which was located on the grounds of the Perry Housing Projects, to manufacture, possess and distribute crack cocaine.  As part of this conspiracy, a co-defendant maintained several locations on the grounds of the Perry Housing Projects in Buffalo, including Varner’s apartment.

On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.

Varner was arrested in April 2013 along with 11 others. Defendants Melvin Tucker, Nannette Brown, Brandon Atkins, Eric Ross, and Phayon Redmond have also been convicted. Charges are pending against Tyshawn Bradley, Dallas McLamore, Tashawn Gay, David Varner, Latifah Donaldson, and Tara Robinson. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charles Humphrey, 46, of Buffalo, NY, pleaded guilty to conspiracy to distribute over 500 grams of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years, a maximum of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that the defendant, along with co-defendants, distributed multiple quantities of cocaine between 2009 and January 2010. In addition, Humphrey sold a quantity of cocaine to a confidential source on January 13, 2010. 

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

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

Sentencing is scheduled for August 17, 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 Joseph DeRomanis, 39, of Phoenix, Arizona, who was convicted of tax evasion by filing false tax returns, was sentenced to six months home detention and five years probation by Chief U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution totaling $186,284 to the Internal Revenue Service.

Assistant U.S. Attorney John J. Field, who handled the case, stated that DeRomanis filed false tax returns for tax years 2004 through 2007.  The returns resulted in the defendant obtaining fraudulent income tax refunds totaling $132,885.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that David Young, 28, of Buffalo, NY, was arrested and charged by criminal complaint with production and possession of child pornography. The production charge carries a minimum sentence of 15 years and a maximum of 30 years in prison and the possession charge carries a maximum penalty of 20 years in prison along with a $250,000 fine.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that a West Seneca Schools resource officer obtained information that the defendant had images of child pornography on cellular telephone. The resource officer notified Cheektowaga Police who began an investigation. The investigation resulted in law enforcement officers locating images of child pornography, some that were produced by the defendant. 

Young is being held pending a detention hearing scheduled for May 4, 2015 at 3:00 p.m.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, Cheektowaga Police Department, under the direction of Chief David Zack and the West Seneca Police Department, under the direction of Chief Daniel Denz.

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 David Medina, 49, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin.  The charge carries a maximum penalty of 20 years and a $1,000,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the complaint, David Medina was arrested in the City of Buffalo, and was in possession of approximately 100 grams of heroin that was to be distributed.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Medina is being held pending a status conference scheduled for May 13, 2015 at 10:00 a.m.

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

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 Melvin Tucker, 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, crack cocaine, was sentenced to 36 months by Senior U.S. District Judge William M. Skretny.
 
Assistant U.S. Attorney Timothy C. Lynch, who is handling the prosecution, stated that between the summer of 2012 and April 3, 2013, the defendant, along with several co-defendants, possessed and distributed crack cocaine. Specifically, as part of this conspiracy, a co-defendant maintained several locations on the grounds of the Perry Housing Projects in Buffalo. Tucker purchased crack cocaine from this co-defendant and then distributed the drug to his own customers. Tucker did not sell cocaine base to customers on the grounds of the Perry Housing Projects, rather to customers in other parts of Buffalo.

On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.

Tucker was arrested in April 2013 along with 11 others. Defendants Nannette Brown, Brandon Atkins, Eric Ross, and Phayon Redmond have also been convicted. Charges are pending against Tyshawn Bradley, Dallas McLamore, Tashawn Gay, David Varner, Latifah Donaldson, and Tara Robinson. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dewayne Vass, 30, of Buffalo, NY, who was convicted of wire fraud affecting a financial institution, was sentenced to 30 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $2,400.

Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant was part of a scheme to defraud the government by obtaining money from the filing of false tax returns. Vass received the proceeds from one of the fraudulent tax returns which was filed with the Internal Revenue Service and for which the refund was placed on a prepaid debit card. The defendant used that card to obtain cash from an ATM totaling $6,248. The intended fraud of the  Internal Revenue Service totaled $72,589.00.

This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force.  President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

The sentencing is the culmination of a joint investigation on the part 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 United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division.