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 Eugene Domenico, 62, of Lockport, NY, who was convicted of three counts of theft from a health care benefit program, was sentenced to two years probation and ordered to pay a $10,000 fine by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $100,286.35.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant, a licensed clinical social worker in private practice, devised a scheme to charge various health care insurance providers, including Blue Cross Blue Shield, for services that were not rendered. For example, Domenico billed Blue Cross Blue Shield for services allegedly provided to a patient on January 6, 2011, knowing that services were never provided. The total loss to insurance companies was $100,286.35. 

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation’s Health Care Fraud Task Force.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Thomas Herring, 39, of Lackawanna, NY, who was convicted of obstruction of justice, was sentenced to two years in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on January 14, 2014, law enforcement officers provided the defendant with more than $1,000 in United States currency to purchase crack cocaine from a target the Federal Bureau of Investigation had been investigating for more than six months.     

Herring was told where to go to purchase the cocaine and after exiting the location, he met up with FBI agents. The defendant then turned over a quantity of cocaine to the agents. However, based on other law enforcement techniques, agents knew that Herring had not purchased the cocaine from the target causing the FBI to prematurely terminate its investigation of the target.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation and the Lackawanna Police Department, under the direction of Chief James Michel.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Andre Owens, 49, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, before U.S. Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between June 2013 and February 25, 2014, the defendant conspired with others to buy and sell crack cocaine 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, Alicia Maghett and Carmella Rivera. Sparks and Hall have been convicted. Charges are pending against McCutcheon, Cooley Jefferson, Buster, Maghett 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 July 29, 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 Jason Cortese, 33, of Greece, NY, was arrested and charged by criminal complaint with attempted production of child pornography, enticement of a minor, distribution and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, a family member of a 12-year old minor notified law enforcement officials after seeing the contents of the 12-year-old’s cell phone which included chats between the minor and the defendant. A forensic examination was conducted which revealed sexually explicit conversations between the 12-year-old and Cortese. The defendant was known to the 12-year-old minor as a family friend. The minor disclosed that the two started chatting directly with one another through Facebook and then through Kik and Instagram.  The chats revealed that the defendant attempted to get sexually explicit photos from the minor, sent pictures of his private area to the minor, and sent images to the minor that appeared to depict child pornography.

“This Office consistently encourages parents and guardians to monitor any technology use by their children and those in their care,” said U.S. Attorney Hochul. “This case is a perfect example of why that is so important. It also shows that once adults alert law enforcement, we can and will follow up on any and all leads, wherever they take us.”

Cortese made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman. The defendant is being held pending a detention hearing on April 2, 2015 at 10:30 a.m.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn and the Irondequoit Police Department, under the direction of Chief Richard Tantalo.

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 Benjamin Natter, 32, an attorney, and his fiancé Ruth Martinez, 37, both of New York, who were convicted of aiding and abetting the failure to present a vehicle for inspection to customs officers, were each sentenced to pay a $5,000 fine by U.S. Magistrate Judge Jeremiah J. McCarthy. Martinez also forfeited a Land Rover Defender.

Assistant U.S. Attorney Carol Bridge, who handled the case, stated that in May 2013, defendant Natter purchased an alleged 1985 Land Rover Defender from a seller in England. Natter then paid a friend to import the car into Canada.

On October 19, 2013, the friend who imported the car into Canada attempted to drive the Land Rover into the United States at the Rainbow Bridge Port of Entry. The plates used on the car were provided to the friend by Natter and Ruth Martinez.

The  friend  was  pulled  over  by  Custom  and  Border  Protection  Officers  for  a secondary inspection. During a search of the vehicle, officers found the vehicle’s actual license  plates  from  England.  Although  the  friend  claimed  that  the  Land  Rover  was produced in 1985, further inspection revealed the vehicle was in fact produced after 1985. The age of the vehicle prevented it from legally entering the United States due to the fact that the National Highway Safety Traffic Association does not allow the importation of any vehicle less than 25 years old without a safety inspection. The Land Rover was then seized by officers.

During the course of the investigation, both defendants provided false information to CBP officers regarding ownership and origin of the vehicle. After further investigation, it was learned that Natter was a collector of Land Rover Defender vehicles and orchestrated the smuggling attempt.

The sentencings are the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Demilson Loubak Ferreira, 36, of Brazil, pleaded guilty to illegally entering the United States at a location other than a designated port of entry before U.S. Magistrate Judge Jeremiah J. McCarthy. The defendant was then sentenced to time served. 

Assistant U.S. Attorney Paul J. Campana, who handled the case, stated that on March 26, 2015, shortly after 11:00 p.m., the defendant, his wife and their child were found aboard a freight train crossing the Blackrock International Train Bridge in Buffalo.  The train was stopped at the order of a Customs and Border Protection Officer who detected the Ferreira and his family on the train.

The defendant’s wife and child were returned to Canada on March 27, 2015. Ferreira will also be removed to Canada.

The plea and sentencing are the result of an investigation by Customs and Border Protection, under the direction of Acting Special Agent in Charge Rose Hilmey.

 CONTACT:     BARBARA BURNS
PHONE:        (716) 843-5817
FAX:           (716) 551-3051

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Gary R. Latray, 55, of Syracuse, NY, who was convicted of aggravated bank robbery, was sentenced to 77 months by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney John M. Alsup, who handled the case, stated that on November 10, 2009, the defendant entered Northwest Savings Bank at 3670 McKinley Parkway in Hamburg, NY, and handed the teller a note demanding a sum of money and indicating that he had an explosive device. The teller gave Latray a specific amount of money in response to the threat.

On December 1, 2009, the defendant entered a Suntrust Bank in Harrisonburg, Virginia, and carried out a similar style bank robbery.

The Court ordered that the defendant’s 77 month sentenced be served consecutively to a 30 year sentenced Latray received in Maryland on state robbery charges.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Hamburg Police Department, under the direction of Chief Gregory Wickett, the United States Attorney’s Office in the Western District of Virginia, under the direction of acting U.S. Attorney Anthony Giorno, the Harrisonburg, Virginia Police Department, under the direction of Chief Stephen B. Monticelli, the West Virginia State Police, under the direction of Colonel Jay Smithers, and the Garrett County, Maryland Sherriff’s Office, under the direction of Sheriff Rob Corley.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Demario Robbins, 24, of North Tonawanda, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 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. Robbins 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.

Robbins was arrested along with 16 other Schuele Boys Gang members and associates in July 2014. He is the second to be convicted. Aaron Glenn pleaded guilty on March 26, 2015. Also charged are:  

•             Antwan Garner, 29, Buffalo

•             Jerome Grant, 33, Buffalo

•             James Hicks, 44, Buffalo

•             Xavier Hill, 42, Buffalo

•             Demetrius Holmes, 23, Buffalo

•             Damario James, 32, Buffalo

•             Fred Johnson, 21, Buffalo

•             Ikeem Lyons, 21, Buffalo

•             Benjamin Peoples, 25, Buffalo

•             Michael Robertson, 24, Buffalo

•             Spencer Rogers, 50, Buffalo

•             Antwon Steward, 31, Buffalo

•             Shawntorrian Travis, 34, Buffalo

•             Andre Wise, 36, Buffalo

•             Marcel Worthy, 30, Buffalo

 

On March 24, 2015, an additional seven members and associates were indicted including:

 

•             Eric Sears, 47, Buffalo

•             Andre Jackson, 28, Buffalo

•             Tyrell Skipper, 25, Buffalo

•             Willie Griffin, 25, Buffalo

•             Robert Brown, 52, Buffalo

•             Samuel Walker, 50, Buffalo

•             Tywone Smothers, 36, Buffalo

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that John Casey, 46, formerly of Greece, NY, pleaded guilty to possession of child pornography before U.S. District Court Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, a fine of up to $250,000, or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that 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 Casey’s computer. Agents identified the defendant’s physical location and then obtained and executed a federal search warrant for his Greece residence. During the search, they 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.

The plea 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Sentencing is scheduled for May 26, 2015 at 3:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Archie Phillips, 43, most recently of Houston, TX, but originally of Buffalo, NY, with conspiracy to distribute five kilograms or more of cocaine. The charge carries a maximum penalty of life in prison.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment, between early 2012 and April 3, 2013, Phillips conspired with Beverly Fields and others to distribute, and possess with intent to distribute, cocaine in Western New York. Fields is also charged with conspiracy.

Phillips was arrested on March 26, 2015 in Houston. He will be returned to Buffalo for a detention hearing on April, 6, 2015 at 10:00 a.m.

The defendant was convicted on a previous federal drug charge and sentenced to 51 months in prison in May 2002.

The indictment and arrest are 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 Federal Bureau of Investigation; and the United States Marshals Service, under the direction of Charles Salina.

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 Kathy Oertelt, 32, of Tonawanda, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny, to mail fraud. The charge carries a maximum penalty of 20 years in prison prison and a $250,000 fine.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, said that between April and October 2013, Oertelt, who was employed as a health care provider for an 87-year old legally blind veteran, used the veteran’s signature stamp without his knowledge or permission to issue checks to herself totaling approximately $20,000. The defendant also obtained blank checks from an account the veteran had at the Navy Federal Credit Union in Vienna, Virginia. Oertelt wrote checks to herself on that account totaling approximately $54,000, and used the funds to purchase a 2008 Ford Expedition and a 2001 Suzuki SSXR motorcycle and to fund her gambling habit.

The plea is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Jeffrey G. Hughes, and the United States Secret Service, under the direction Special Agent-in-Charge C. Todd Laster.

Sentencing is scheduled for July 1, 2015 at 10:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Aaron Glenn, 42, of North Tonawanda, NY, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 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. Glenn 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.

Glenn was arrested along with 16 other Schuele Boys Gang members and associates in July 2014. He is the first to be convicted. Also charged are:  

•          Antwan Garner, 29, Buffalo

•          Jerome Grant, 33, Buffalo

•          James Hicks, 44, Buffalo

•          Xavier Hill, 42, Buffalo

•          Demetrius Holmes, 23, Buffalo

•          Damario James, 32, Buffalo

•          Fred Johnson, 21, Buffalo

•          Ikeem Lyons, 21, Buffalo

•          Benjamin Peoples, 25, Buffalo

•          Demario Robbins, 23, Buffalo

•          Michael Robertson, 24, Buffalo

•          Spencer Rogers, 50, Buffalo

•          Antwon Steward, 31, Buffalo

•          Shawntorrian Travis, 34, Buffalo

•          Andre Wise, 36, Buffalo

•          Marcel Worthy, 30, Buffalo

 

On March 24, 2015, an additional seven members and associates were indicted including:

 

•          Eric Sears, 47, Buffalo

•          Andre Jackson, 28, Buffalo

•          Tyrell Skipper, 25, Buffalo

•          Willie Griffin, 25, Buffalo

•          Robert Brown, 52, Buffalo

•          Samuel Walker, 50, Buffalo

•          Tywone Smothers, 36, Buffalo

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Raul Abidel Martinez, 34, of Rochester, NY, who was convicted of bank robbery, was sentenced to 60 months in prison by Chief U.S. District Court Judge Frank P. Geraci.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that on August 23, 2011, Martinez walked into the M&T Bank on Lyell Avenue in Rochester and handed the teller a note demanding money. Among other things, the defendant said in his note that he had an AK-47. The teller gave Martinez some money and a dye pack which activated as soon as the defendant left the bank causing him to flee down Lyell Ave covered in red dye. The defendant was apprehended shortly thereafter by Rochester Police officers who responded to the silent alarm activation at the bank. Rochester Police enlisted the investigative assistance of the Federal Bureau of Investigation. At the time he robbed the M&T Bank, the defendant was on federal supervised release following a 2007 conviction for being a felon in possession of a firearm.

The sentencing is the culmination of an investigation on the part of Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Federal Bureau of Investigation.

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 Lopez-Perez, 38, a native and citizen of Guatemala, pleaded guilty before Senior U.S. District Judge William M. Skretny to being found in the United States after being deported on numerous occasions. The defendant was sentenced to time served by Judge Skretny.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on December 4, 2014, the defendant was found at the Seneca Allegany Hotel and Casino in Salamanca, NY after having been previously deported from the United States on five occasions.

This case was the culmination of an investigation on the part of agents of the U.S. Border Patrol, under the direction of Steven J. Oldman, Patrol Agent in Charge, and the Cattaraugus County Sheriff's Office, under the direction of Sheriff Timothy Whitcomb.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Michael Woods, 25, of Buffalo, NY, pleaded guilty to possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm, before Senior U.S. District Judge William M. Skretny. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated on March 19, 2012, Woods was riding in a vehicle that Buffalo Police attempted to pull over.  Rather than comply with the police request, the vehicle led the officers were on a pursuit. The defendant eventually got out of the vehicle and threw a .45 caliber gun to the ground while attempting to flee the scene.  A search of the vehicle uncovered crack cocaine in the back seat of the vehicle where the defendant had been sitting before he fled from the vehicle.  As part of his plea, Woods admitted that he possessed the firearm in furtherance of his crack cocaine business.

On May 27, 2013, Buffalo Police again stopped a vehicle Woods was riding in. The defendant got out, threw 9mm gun to the ground and four vials of marijuana while running away from police.  He was later apprehended by police officers after a foot chase.

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

Sentencing is scheduled for July 22, 2015 at 11:00 a.m.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Deandre Sparks, a/k/a Dee Dee, 23, of Buffalo, pleaded guilty to possession with intent to distribute, and distribution of crack cocaine, before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between June 2013 and February 25, 2014, possessed and distributed crack cocaine.  Specifically, on February 12, 2014, Sparks gave crack cocaine to a co-defendant, who then distributed the drugs to a confidential source working for the Federal Bureau of Investigation. 

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

Sentencing is scheduled for July 15, 2015 at 10:00 a.m.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Brian Jaszczak, 24, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy, to a misdemeanor charge of obstruction of the mails. The charge carries a maximum penalty of six months in prison, a fine of $5,000, or both.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that on December 19, 2014, the defendant, a former employee of the United States Postal Service, discarded pieces of mail that had been entrusted to him for delivery.

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

Sentencing is scheduled for July 15, 2015 at 11:00 a.m. before Judge McCarthy.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Salvatore J. Marcera, Jr., 54, of Rochester, NY, who was convicted of obtaining a controlled substance by misrepresentation, was sentenced to three years probation by U.S. District Judge Frank P. Geraci, Jr. Marcera also was ordered to pay restitution to Excellus BlueCross BlueShield in the amount of $1,965.71.

Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that on July 28, 2006, the defendant was a sole practitioner attorney in Rochester. Marcera obtained prescriptions from a medical doctor, including OxyContin and Roxycodone, both of which contain oxycodone, a Schedule II controlled substance. The defendant did this on behalf of his brother, who was incarcerated in the Monroe County Jail at the time. In order to obtain the prescriptions, Marcera claimed that the drugs were medically necessary for his brother, knowing that in fact the prescriptions were not medically necessary.

After obtaining the prescriptions, the defendant then gave them to another family member knowing that family members would arrange to have the prescriptions filled at a pharmacy on behalf of Marcera’s brother. The prescriptions were subsequently filled at a pharmacy and paid for by Excellus BlueCross BlueShield.

As part of the same case, Marcera was previously convicted of filing a false personal income tax return for tax years 2004 through 2007 by understating the gross receipts of his law practice. The defendant was sentenced in March 2014 to five years of probation, including one year of home confinement, on the tax charges. Marcera also was ordered to pay restitution to the Internal Revenue Service in the amount of $104,074.

As part of the sentencing proceeding, Marcera reported to the Court that his law license has been suspended and that he is subject to further disciplinary proceedings in May 2015 before the Appellate Division, Fourth Judicial Department of the Supreme Court of the State of New York.

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, 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 Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Thomas F. O’Donnell, as well as Investigators from the New York State Insurance Department's Frauds Bureau, under the direction of Frank Orlando.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul. Jr. announced today that Elizabeth Afola Oyenekan, 42, of Nigeria, pleaded guilty to improper use of another’s passport. The defendant was sentenced to time served by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that the defendant attempted to enter the United States at the Peace Bridge Port of Entry on February 1, 2015. Oyenekan presented a Canadian passport to a Customs and Border Protection Officer bearing the name Diana Adetuni. When asked where she was born, Oyenekan stated Nigeria but quickly retracted and claimed she was born in Saint Vincent. The defendant also told the officer she was traveling to Brooklyn, NY to stay with a friend.

A search of the defendant’s luggage revealed a credit card in the name of E. O. Oyenekan which was a possible match to a previous Visa Waiver Refusal in Ireland in October 2014. An officer then entered the defendant’s fingerprints into a Fingerprint Identification System and determined that she was in fact Elizabeth Afola Oyenekan and not Diana Adetuni. 

The plea and sentencing are the culmination of an investigation on the part of Customs and Border Protection, under the direction of Rose Hilmey, ActingDirector of Field Operations.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that George Krajas, 46, of Lockport, NY, who was convicted of conspiracy to distribute cocaine, was sentenced to time-served by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Frank T. Pimentel, who handled the case, stated that between November 2010 and June 16, 2011, the defendant permitted co-defendant Charles Palmer to use the automotive garage Krajas operated at 2307 Broadway, Cheektowaga, NY to process and distribute cocaine. Krajas also traded cocaine to other co-conspirators in exchange for hydrocodone.

Charles Palmer has been convicted and is scheduled to be sentenced on April 22, 2015 at 10:00 a.m. before Judge Skretny.

The sentencing is the culmination of an investigation by 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 Mark Ruff, 40, of Connecticut, who was convicted of conducting an illegal gambling business and conspiracy to commit money laundering, was sentenced to nine years n prison and three years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. Ruff was also ordered to forfeit $230,000.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Mark Ruff conducted an illegal gambling business with his brother Joseph Ruff, 32, and Paul Borrelli, 67, both of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites. Mark Ruff also conspired with Joseph Ruff and others to launder $230,000 in illegal gambling proceeds. Ruff transferred the gambling proceeds from Rochester to an associate in Connecticut to conceal their source by depositing proceeds into a credit line and making subsequent cash withdrawals and writing checks from the credit line for Mark Ruff and Joseph Ruff.  Those checks included $40,000 to a local country club for Joseph Ruff which the federal government seized on August 11, 2014.

On June 24, 2014, the defendant was indicted by a federal grand jury along with Joseph Ruff and Paul Borrelli. Joseph Ruff was convicted and is awaiting sentencing on April 15, 2015. The charges against Paul Borrelli are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Destinee McBride, 24, of Buffalo, NY, who was convicted of wire fraud affecting a financial institution, was sentenced to six months home detention and two years supervised release by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $59,077.

Assistant U.S. Attorney Trini E. Ross, who is handling 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. McBride 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 and merchandise from private businesses. As a result of the scheme, losses to the Internal Revenue Service totaled $534,782.00.

This case is the culmination of an investigation on the part of the Special Agents of the Internal Revenue Service, Criminal investigation Division under the direction of Special Agent in Charge Shantelle P. Kitchen, and the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston 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 Renwick Samuel, 50, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny, to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000.00, or both.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between 2006 and December 2012, the defendant conspired with three co-defendants to possess and distribute cocaine in Buffalo. Samuel was arrested in December 2012 along with Angel Gonzalez and Mica Donadelle. Another co-defendant, Kevin Liburd, was arrested in 2014 in the Virgin Islands and extradited to the Western District of New York. Gonzales was convicted and is awaiting sentencing. Charges are pending against Liburd and Donadelle. 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 Safe Streets Task Force of the Federal Bureau of Investigation.

Sentencing is scheduled for July 15, 2015 at 9:00 a.m. before Judge Skretny.      

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

BUFFALO, N.Y.   U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Delgado, 26, of Buffalo, NY, who was convicted following a seven week jury trial of Racketeering Influenced Corrupt Organizations conspiracy, was sentenced to life in prison plus five years by U.S. District Judge Richard J. Arcara.

                According to Assistant U.S. Attorneys Joseph M. Tripi and John M. Alsup, who handled the prosecution of the case, stated that the defendant was a member of the 10th Street Gang which was responsible for multiple acts of violence and the trafficking of various controlled substances on Buffalo’s West Side. Specifically, Delgado, directly or by helping his fellow gang members, participated in the murders of Brandon McDonald and Darinell Young and the attempted murders of 12 others.

                The defendant was a member of the 10th Street Gang between 2000 and 2012 and participated in other acts of violence including robbery, burglary, drug distribution and possession of firearms.

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

Today’s convictions are the culmination of an investigation on the part of Special Agents of the FBI Safe Streets Task Force, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.

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 three separate indictments charging seven additional members and associates of the Schuele Boys Gang, a group which operated in the Schuele Street area of the East Side of Buffalo. The charges, which include conspiracy to distribute and distribute crack cocaine, cocaine and marijuana, carry a maximum penalty of 20 years in prison, and a fine of $1,000,000.

“As I have stated many times before, this Office and our law enforcement partners stand ready to remove any organized group of individuals that threatens to harm our community through narcotics trafficking and acts of violence,” said U.S. Attorney Hochul. “Our dismantling of the 10th Street Gang on Buffalo’s West Side and other multiple successful gang prosecutions should serve as a warning that will be aggressive in removing these threats from our neighborhoods.”

Charged in the indictments are:

•             Eric Sears, 47, Buffalo

•             Andre Jackson, 28, Buffalo

•             Tyrell Skipper, 25, Buffalo

•             Willie Griffin, 25, Buffalo

•             Robert Brown, 52, Buffalo

•             Samuel Walker, 50, Buffalo

•             Tywone Smothers, 36, Buffalo

                Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the indictments, between June 2013 and July 2014, the defendants sold controlled substances, including crack cocaine, cocaine and marijuana, primarily on the East Side of Buffalo. 

The investigation utilized wire and electronic communications, confidential sources, and physical and video surveillance, to identify conspirators associated with the Schuele Boys Gang distribution network.

In July, 2014, 17 Schuele Boys members and associates were arrested and charged with narcotics trafficking including:

•             Antwan Garner, 29, Buffalo

•             Aaron Glenn, 41, North Tonawanda

•             Jerome Grant, 33, Buffalo

•             James Hicks, 44, Buffalo

•             Xavier Hill, 42, Buffalo

•             Demetrius Holmes, 23, Buffalo

•             Damario James, 32, Buffalo

•             Fred Johnson, 21, Buffalo

•             Ikeem Lyons, 21, Buffalo

•             Benjamin Peoples, 25, Buffalo

•             Demario Robbins, 23, Buffalo

•             Michael Robertson, 24, Buffalo

•             Spencer Rogers, 50, Buffalo

•             Antwon Steward, 31, Buffalo

•             Shawntorrian Travis, 34, Buffalo

•             Andre Wise, 36, Buffalo

•             Marcel Worthy, 30, Buffalo

The indictments are 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.  

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 Miguel Calixto, 28, of Rochester, NY, who was convicted of possession of a firearm by a convicted felon, was sentenced to 10 years in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that on July 2, 2013, Rochester Police officers observed the defendant in possession of a 380 caliber Smith and Wesson semiautomatic pistol. Calixto was previously convicted of a felony weapons offense, and was therefore prohibited from legally possessing a firearm under federal law.

The defendant used the pistol on June 8, 2013 on Wadsworth Street in Rochester to shoot another individual four times, resulting in the victim’s permanent paralysis from the waist down. In conjunction with his plea in federal court, Calixto was convicted of Assault in the First Degree in Monroe County Court.

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 and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Adminda Poole, a/k/a Adminda Lopez, 39, of Rochester, NY, who was convicted of conspiracy to distribute, and possession with intent to distribute, heroin and cocaine, was sentenced to 125 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that the defendant participated in a conspiracy between December 2013 and February 2014, to sell at least 200 grams of heroin and a kilogram of cocaine in Rochester. On February 7, 2014, Rochester police executed a search warrant at a residence on Clay Avenue in Rochester used by Poole and found heroin and cocaine, as well as drug paraphernalia. In addition officers found $36,822 in cash. The defendant agreed to the forfeiture of the cash as part of her sentence.

The sentencing is the culmination of an investigation on the part of 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 Luis Alcalar Vasquez, a/k/a Noberto DeRivas, a/k/a Abraham Rivas-Rios, 43, of Texas and Mexico, who was convicted of possession of 15 or more unauthorized access devices, was sentenced to 72 months in prison and ordered to pay $77,577.90 in restitution by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between November 2012 and March 2013, the defendant obtained high-end merchandise at various Home Depot stores in Illinois, Indiana, Ohio and New York by scanning bar codes for lower ticketed items at self check-out stations. Vasquez scanned the bar codes for the lower cost items but took the more expensive items out of the stores. For example, the defendant scanned the bar code for a sink priced at $59.95 but actually left the store with a sink costing $444.79. Vazquez then returned the higher ticketed merchandise to another Home Depot location in exchange for stored value cards. 

By early March, 2013, Home Depot became aware that the “ticket-switch” and refund transactions were being executed at stores in Western New York. On March 7, 2013, at stores in West Seneca, Buffalo, and Cheektowaga, sinks costing $444.79 were exchanged for stored value cards in that amount.

Later on March 7, at Home Depot’s store in Lockport, the defendant tried to use a California driver’s license bearing his picture but a different name, in order to return merchandise valued at $700.55. However, Home Depot personnel stopped the transaction and called Niagara County Sheriff’s Office deputies to the Lockport store, where they took the defendant into custody. Niagara County Sheriff’s Office investigators found Vasquez had 20 false California drivers licenses in three different names but all bearing the defendant’s picture, and 17 Home Depot stored value cards worth approximately $5,910. Two cell phones with bar codes taped to their backs were found on the defendant.

The total value of the merchandise the defendant obtained from The Home Depot stores was $77,577.90.        

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and investigators of the Niagara County Sheriff’s Department, under the direction of Niagara County Sheriff James Voutour.

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, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci, Jr. to using a communication facility to facilitate a controlled substance felony offense. The charge carries a maximum penalty of four years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Jennifer Noto, who is handling 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. As part of her plea, the defendant will forfeit $771,109 in United States currency that 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 of will be sentenced by Judge Geraci on April 15, 2015 at 3:00 p.m. Three employees of Fitzgerald’s who worked at the 420 Emporium stores located in Batavia and Henrietta, NY have also been convicted and are awaiting sentencing.

The plea was 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.

Sentencing is scheduled for June 23, 2015, at 10 a.m. before Judge Geraci.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Janis Tonis, 32, and Veronika Krutova, 26, of Latvia, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to commit wire fraud. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.

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

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

The pleas are the culmination of an investigation on the part of Special Agents of Immigrations and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Sentencing will be scheduled at a later date before U.S. District Court Judge William M. 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 Rodney Goodrich, Jr., 28, of Newark, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to theft of firearms and possession and sale of stolen firearms and ammunition. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that on January 21, 2013, the defendant was involved in the theft of 24 handguns and one rifle from D&M Shooting Sports, a commercial establishment located in Palmyra, NY. Goodrich aided and abetted Angel Hernandez-Ramos and another individual to unlawfully enter the store and steal the firearms. The defendant then sold the stolen firearms to others in exchange for cash and cocaine.

Angel Hernandez-Ramos, who was also involved in the theft of the firearms, has been convicted and is scheduled to be sentenced on May 14, 2015.

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, and investigators of the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts.

Sentencing is scheduled for June 23, 2015 at 9:30 a.m. before Judge Geraci.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Joseph Lamica, 25, of Brighton, NY, was arrested and charged by criminal complaint with attempted production of child pornography and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a fine of $250,000.

“Thanks to a parent’s willingness to inquire further into conduct which seemed questionable, this case was brought to a rapid conclusion,” said U.S. Attorney Hochul. “The case further serves as a reminder of how important it is for parents to exercise caution when entrusting their children to strangers.”

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, Lamica was a babysitter who advertised his services on Care.com and Craigslist.com. A family the defendant was working for discovered that Lamica was engaging in inappropriate behavior with nine-year-old son and terminated the babysitting contract. Thereafter, the defendant attempted to approach the boy at school.

The Monroe County Sheriff’s Office obtained a search warrant and searched Lamica’s residence. Deputies found materials and notebooks with writings expressing the defendant’s interest in young boys. Another search warrant was obtained for Lamica’s digital media hardware which contained images of child pornography, and a video of another minor the defendant babysat in 2014.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, and the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn.

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 an indictment charging Ismael Burgos, 53, Jamestown, NY, with attempted possession with intent to distribute cocaine. The charge carries a maximum of 20 years in prison.

Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment, on January 27, 2015, the defendant attempted to receive a package which investigators determined contained a quantity of cocaine.   

The indictment 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, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.   

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

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 10 count indictment charging Ryan Tojdowski, 31, of Arcade, NY, with manufacturing marijuana, possession with intent to distribute marijuana, oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine, maintaining a drug involved premises, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a $500,000 fine.

Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment, on December 17, 2014, during the course of an investigation, the Wyoming County Sheriff’s Department discovered the defendant to be in engaged in the manufacturing and distribution of marijuana. In addition, deputies found Tojdowski to be in possession of quantities of oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine as well as a .223 assault rifle.   

The indictment is the culmination of an investigation on the part of the Wyoming County Sheriff’s Department, under the direction of Gregory J. Rudolph and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.   

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

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Ryan Arcara, 25, of West Seneca, NY, pleaded guilty before Senior U.S. District Court Judge William M. Skretny, to possession of child pornography. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that the defendant possessed eight image files and 59 video files containing child pornography stored on a computer and hard drive. Some of the images depicted prepubescent minors or minors under 12 years old.

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 Special Agent in Charge James C. Spero.        

Sentencing is scheduled for July 8, 2015, at 10:00 a.m. 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 Matthew Lavilla, of Spencerport, NY, pleaded guilty before U.S. District Judge Frank P. Geraci to engaging in financial transactions with proceeds from a fraud scheme. 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 handled the case, stated that in June 2007, the became aware that the Xerox Corporation had been defrauded by Clarkson Auto Electric, a company that he was a part owner of, and Anthony Fretto, a co-defendant in the case, and also an owner of Clarkson Auto Electric. Despite that knowledge, Lavilla engaged in financial transactions with proceeds of the fraud.

Lavilla was indicted along with nine other defendants, all have been convicted.

“Today’s conviction concludes the Government’s investigation into a group of men who sought to defraud one of our area’s most venerated companies,” said U.S. Attorney Hochul. “The fact that the scheme was perpetrated by business associates as well as corporate insiders should serve as a warning to all businesses. The saying ‘trust, but by all means verify’ is a good rule to keep in mind when it comes to the business world. “

The plea is the culmination of a joint investigation on the part of the Internal Revenue Service, 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, United States Postal Inspection Service.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that a federal grand jury has returned a 20 count indictment charging Mark Saile, 57, of Rochester, NY,  with mail and wire fraud, aggravated identity theft, and money laundering.  The mail and fraud charges carry a maximum sentence of 20 years in prison, and a fine of $250,000, the identity theft charge carries a mandatory minimum sentence of two years in prison, and the money laundering charges carry a maximum sentence of 10 years in prison and a fine of $250,000.

Assistant U.S. Attorney, Richard A. Resnick, who is handling the case, stated that according to the indictment, the defendant’s brother, Robert Saile, who resides in Redmond, Washington, worked for Microsoft, Inc. for a number of years. Robert Saile set up a 401(K) retirement account with Fidelity Brokerage Services, LLC, comprised of Microsoft stock and Fidelity money market funds.  

Between July 26, 2012 and June 20, 2014, Mark Saile contacted Fidelity numerous times pretending to be his brother. During those contacts, the defendant was able to trick Fidelity into transferring approximately $980,000 from Robert Saile’s 401(k) retirement account to a bank account his name. Robert Saile was unaware that his brother was stealing money from his retirement account. The defendant also changed the email and mailing addresses on file at Fidelity so that all correspondence from Fidelity would be sent to him.

The indictment further states that, prior to the fraud against his brother, the defendant pretended to be his in-laws and had more than $258,000 withdrawn from their financial accounts without their knowledge.

The indictment is the culmination of an joint investigation on the part of the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, United States Postal Inspection Service, the Internal Revenue Service, under the direction of Shantelle Kitchen, Acting Special Agent in Charge, New York Field Office, the Federal Bureau of Investigation, and the New York State Police, under the direction of Major Craig Hanesworth.

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 four count indictment charging Giovanni Salmonson, 23, of Olean, NY, with possession with intent to distribute heroin, possession with intent to distribute buprenorphine (suboxone), possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The charges carry a mandatory minimum of five years in prison, a maximum of life, $250,000 or both.

Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the indictment, on January 1, 2015, during the course of an investigation, the Olean Police Department discovered the defendant to be in possession of quantities of heroin buprenorphine. In addition, Salmonson also had a .22 caliber revolver. The defendant was previously convicted on state charges which prevent him from legally possessing a firearm.   

The defendant will be arraigned on March 20, 2015 at 10:15 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

The indictment is the culmination of an investigation on the part of the Olean Police Department, under the direction of Chief and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.   

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 Pamela Amaka Mmakogu, 30, a citizen of Nigeria, pleaded guilty to misuse of a passport in an attempt to gain entry into the United States before U.S. District Judge Richard J. Arcara. The defendant was also sentenced to time served (six months) in prison.             

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on September 6, 2014, Mmakogu, a passenger on a bus at the Peace Bridge Port of Entry, presented a Canadian passport that belonged to another person.

The plea and sentencing are the result of an investigation by United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Debra Bulter, 54, of Penfield, NY, who was convicted of conspiracy to commit mail fraud and to money laundering, was sentenced to 36 months in prison and three years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $4,285,637.33; $1,875,622.33 to the University of Rochester and $2,410.015 to CGF Anesthesia Associates, P.C.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant worked as the Program Administrator for the Department of Anesthesiology at the University of Rochester in Rochester. The Department of Anesthesiology provides anesthesia services to patients undergoing surgery or other procedures at Strong Memorial Hospital, Highland Hospital and other medical facilities in Rochester. A physician, known as the Chair, oversees the Anesthesiology Department's management and operations. The Program Administrator oversees administrative duties and reports to the Chair.

From 2001 through 2012, an anesthesia medical group, CGF Anesthesia Associates, P.C., contracted with the Department of Anesthesiology to provide anesthesiologists at medical facilities served by the Department of Anesthesiology. Between 2003 to 2008, two doctors from CGF Anesthesia Associates, P.C. individually contracted with the Department of Anesthesiology purportedly to provide additional administrative services to the Department of Anesthesiology.

From 2007 through 2012, the defendant participated in several schemes to defraud the Department of Anesthesiology and the CGF Anesthesia Associates, P.C.  One scheme involved deceiving the Department of Anesthesiology from 2007 to 2009 into making fraudulent payments to the two doctors and the CGF Anesthesia Associates, P.C. Misusing her position of trust, the defendant provided the Department of Anesthesiology with fraudulent documents, including fraudulent requisition forms and invoices, which made it appear that the two doctors and the CGF Anesthesia Associates, P.C. had provided adequate services to the Department of Anesthesiology for such payments. As a result of an unsuspecting U of R official signing the fraudulent documents, the Department of Anesthesiology was deceived into paying the two doctors $930,000 and CGF Anesthesia Associates, P.C. $530,000 to which they were not entitled. To compensate the defendant for her participation in the scheme, CGF Anesthesia Associates, P.C. was deceived into paying the fraudulent money it received from the Department of Anesthesiology to a business started by the defendant, DJA Solutions, Inc.

From January 2010 to September 2012, the Department of Anesthesiology and CGF Anesthesia Associates, P.C. were deceived into causing a large portion of the compensation earned by CGF Anesthesia Associates, P.C. from the Department of Anesthesiology to be diverted to the two doctors. As a part of the scheme, the two doctors each executed fraudulent contracts with the Department of Anesthesiology for the fiscal years 2010 through 2013 which stated that they intended to provide additional administrative services to the Department of Anesthesiology worth more than $3,000,000. These contracts were improperly signed by the defendant on behalf of the Department of Anesthesiology and concealed from the Chair of the Department of Anesthesiology and the other anesthesiologists at CGF Anesthesia Associates, P.C. The two doctors also caused invoices in their own names to be submitted to the Department of Anesthesiology which falsely represented that they had provided the services listed on such invoices. The scheme caused the Department of Anesthesiology to divert compensation actually earned by CGF Anesthesia Associates, P.C. to the two doctors in the total amount of $2,410,015. To compensate the defendant for her role in this scheme, CGF Anesthesia Associates, P.C. was deceived into to paying the defendant’s business, DJA Solutions, LLC, more than it was entitled. For the years 2010 through 2012, DJA Solutions, LLC received $1,169,606 from CGF Anesthesia Associates, P.C.

Another of the defendant's schemes involved causing the Department of Anesthesiology to make a fraudulent and unauthorized loan to a doctor working for the Department of Anesthesiology. The defendant disguised various payments to the doctor as extra compensation earned by the doctor. The defendant did this by preparing fraudulent payroll documents, which were submitted to the Chair of the Department of Anesthesiology for authorization to pay the extra compensation to the doctor. The Chair signed such forms believing that the doctor was entitled to such extra compensation and was unaware that such payments were actually an improper loan to the doctor. The total amount of the fraudulent payments to the doctor was $510,726.

From October 2012 to May 2012, the defendant also caused the Department of Anesthesiology to pay a former employee of the Department of Anesthesiology $7,168 by disguising the payments as compensation earned by the former employee, when in fact, the former employee was no longer working for the Department of Anesthesiology.

Finally, from March 2009 to June 2012, the defendant submitted expense reimbursement forms totaling $4,809.37 to the Department of Anesthesiology for expenses which she either had already been reimbursed for or were not actual business expenses.

Doron Feldman, 54, of Williamsville, NY, one of the two doctors with CGF Anesthesia Associates, P.C., was also convicted in this case and sentenced to 24 months in prison. The defendant was also ordered to pay restitution to the University of Rochester totaling $1,460,000. In addition, Feldman must pay $157,000 in restitution to the Internal Revenue Service.   

The sentencing is the culmination of a joint investigation on the part of the Internal Revenue Service, 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, United States Postal Inspection Service.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Christian Dean Reid, 39, a citizen of Canada and the United Kingdom, who was convicted of making false statements, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on October 12, 2014, Reid, a native of England, told an officer of the U.S. Customs and Border Protection that he had not previously been arrested, even though the defendant knew this statement was false. Reid was arrested and convicted of a drug trafficking offense which affects his admissibility into the United States.

The sentencing is the culmination of an investigation on the part of the United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.

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 four indictments charging Eduardo Hernandez Quinones, 46, Yasser Carrillo Chartrand, 23, Claudia Diaz Diaz, 21, Yaily Santurio Millian, 31, Jose Valdivia Quinones, 40 and Misael Toledo Rios, 39, all citizens of Cuba legally present in the United States, with fraud charges.

Hernandez, Chartrand, Santurio and Diaz are charged with conspiracy to commit bank fraud, access device fraud and aggravated identity theft. Valdivia and Toldeo are charged with bank fraud, access device fraud and aggravated identity theft. The charges for all six defendants carry a mandatory minimum penalty of two years in prison, a maximum penalty of 30 years, and a fine of $1,000,000.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the indictment, the defendants are accused of fraudulently obtaining the actual credit/debit card numbers of people and then encoding counterfeit cards with the information illegally obtained. The defendants then used the counterfeit cards to purchase merchandise at retail stores throughout Western New York. In addition, some of the defendants used the counterfeit cards to purchase gasoline from area gas stations and then re-sold the gasoline for cash.

Four of the defendants, Hernandez, Chartrand, Santurio and Diaz, were recently arrested in DeWitt, NY, near Syracuse, and are facing state fraud charges for similar conduct.

Defendants Chartrand, Hernandez, Quinones, and Santurio were arraigned today before U.S. Magistrate Judge Hugh B. Scott and are being held pending a detention hearing on March 25, 2015 at 10:00 a.m. Defendants Rios and Valdivia Quinones were released on conditions.

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

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

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Christopher Simmance, 38, of City of Tonawanda, NY, who was convicted of possession of a firearm after having been committed to a mental institution, was sentenced to time served (19 months) and two years supervised release by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney John M. Alsup, who handled the matter, stated that on November 12, 2011, law enforcement officers responded to the defendant’s Tonawanda residence where they located a Remington shotgun. Simmance had previously received mental health treatment preventing him from legally possessing any firearms.

The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Office, Department of Veteran’s Affairs, and the City of Tonawanda Police, under the direction of Chief William Strassburg.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 10th Street Gang member Nourooz Ali, 31, of Buffalo, who was convicted of RICO conspiracy, was sentenced to 132 months in prison by U.S. District Judge Richard J. Arcara.      

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Ali, along with other members and associates of the gang, committed violence, possessed firearms, and sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.

The defendant is among 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, 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 Chris Beach, 48, of, Ithaca, NY, pleaded guilty before U.S. Magistrate Judge Marian W. Payson to a misdemeanor conspiracy charge.  The charge carries a maximum sentence one year in prison, a fine of $100,000, or both.

Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Beach, a member of the Plumbers & Steamfitters Local 267, conspired to submit a false claim for reimbursement of $6,358 from the Local 267 health benefit program.

The plea is the culmination of an investigation by Special Agents the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the Direction of Special Agent-in-Charge Cheryl Garcia.

Sentencing is scheduled for June 1, 2015 at 12:00 p.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 Donald Hargrave, 62, of Douglasville, GA, pleaded guilty to unlawfully receiving Title II Child Insurance Benefits before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that between May 2012 and July 2013, while living in Buffalo, the defendant received Title II Child Insurance Benefits from the Social Security Administration but did not use the benefits to support his son. Hargrave received a total of $39,124 to which he was not entitled.

The plea is the result of an investigation by the Office of the Inspector General of the Social Security Administration, under the direction of Special Agent in Charge Edward J. Ryan.

Sentencing is scheduled for July 1, 2015 at 9:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Paonessa, 33, of Niagara Falls, NY, who was convicted of obstruction of the mails, was fined $250.00 by U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendant, a former employee of the United States Postal Service, delayed or failed to deliver mail matter entrusted to her for delivery. The defendant took at least 15 Victoria Secret coupons and used them for her own benefit.

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

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned three separate indictments charging 13 defendants with conspiracy to manufacture, possess with intent to distribute and to distribute, methamphetamine. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Charged in the indictments are:

•             Michael E. Hasert, 60, of Scio, NY;

•             Lionel C. Carter, 58, of Wellsville, NY;

•             Todd E. Varney, 31, of Wellsville, NY;

•             Bradley J. Hollenbeck, 34, of Andover, NY;

•             Patrick J. Danielewicz, 34, of Friendship, NY;

•             Sarah J. Greene, 37, of Wellsville, NY;

•             Elizabeth J. Schreiber, 35, of Scio, NY;

•             Michael C. Mullen, 34, of Hornell, NY;

•             Timothy J. Billings, 30, of Wellsville, NY;

•             Justin L. Billings, 32, of Wellsville, NY;

•             Jordan R. Doane, 26, of Friendship, NY;

•             Zackery D. Billings, 25, of Springwater, NY;

•             Derek Fagan, 30, of Wellsville, NY

In addition, defendant Michael Hasert is charged with possession of marijuana with intent to distribute, maintaining a drug involved premises, possession of firearms in furtherance of drug trafficking and being a felon in possession of firearms. The charges carry a penalty of 20 years in prison and a mandatory five years to be served consecutively to any sentence imposed.  

Defendants Timothy and Justin Billings are also facing charges of maintaining a drug involved premises and possession of firearms in furtherance of drug trafficking. These charges also carry a penalty of 20 years in prison and a mandatory five years to be served consecutively to any sentence imposed.  

“Over the last several years, we have seen an increase in the number of cases involving this highly toxic and dangerous substance,” said U.S. Attorney Hochul. “The public needs to be educated that ingestion of crystal meth causes profound and almost immediate physical, mental and emotional consequences, while the production process can also be deadly.”  

Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that between January 2011 and late 2014, the defendants conspired to manufacture and distribute methamphetamine. The defendants engaged in the practice of “smurfing” (buying small quantities) at local pharmacies to get around restrictions on purchasing products containing pseudo ephedrine. This is the most important chemical necessary in the process of manufacturing methamphetamine.

The indictments are the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Division, the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb, the Wellsville Police Department, under the direction of Chief Timothy O’Grady, U.S. Border Patrol, under the direction of Patrol Agent in Charge Steven Oldman, and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.

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 Juan Dejesus Santiago, 33, of Rochester, NY, who was convicted of drug conspiracy, money laundering conspiracy and discharge of a firearm during a crime of violence, was sentenced to 30 years in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Jennifer M. Noto and Thomas S. Duszkiewicz, who handled the case, stated that Santiago participated in a large, violent narcotics trafficking organization. The defendant also participated in the contract killing of Quincy Turner in May 2008 in Jamestown, NY.

The drug trafficking organization that Santiago was a member of was responsible for the receipt and distribution of hundreds of kilograms of cocaine in the Rochester area between January 2007 and October 2008. The defendant was one of 33 related defendants charged with federal crimes involving their participation in this armed drug conspiracy that sent and received packages of cocaine via the U.S. Mail from Puerto Rico to Rochester. Proceeds from the drug sales were sent back to Puerto Rico to purchase more cocaine. To date, all 33 defendants have been convicted and only two remain to be sentenced.  

Santiago was also involved in the murder of Quincy Turner, a man suspected of being an informant for the government in a narcotics investigation. Quincy Turner was shot and killed on May 30, 2008. The defendant provided one of the firearms used to carry out the contract killing, a .45 caliber pistol, as well as the vehicle utilized to drive the shooters to Turner’s residence. Santiago received a portion of the proceeds provided in consideration for the murder. Law enforcement officers recovered the .45 caliber pistol, along with 500 grams of cocaine during a search of the defendant’s residence on October 9, 2008.

The sentencing is the culmination of investigations into the drug trafficking organization and murder as part of the High Intensity Drug Trafficking Area (HITA) and Organized Crime Drug Enforcement Task Force (OCDETF) initiatives. Investigative agencies involved include the Bureau of Alcohol Tobacco Firearm and Explosives, under the direction of Delano A. Reid, Special Agent in Charge, New York Field Division, the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Southern Tier Regional Drug Task Force, under the direction of Lieutenant David Bentley, and the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace.

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

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a three-count indictment charging Richard Klaffka, 57, and his wife, Cathleen Klaffka, 61, both of Holland, NY, with fraud in connection with Richard Klaffka’s receipt of over $1,000,000 in benefits from the Veterans’ Administration and Workers’ Compensation under false pretenses. The Klaffkas are charged with conspiracy to commit mail fraud and wire fraud and wire fraud and mail fraud. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.

        Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the indictment, in 2006, Richard Klaffka told the Veteran Administration that, due to an injury connected with his military service in 1978, he was disabled, confined to a wheelchair and unable to engage everyday activities like walking, driving and dressing himself. The indictment further alleges that to promote the fraud, Cathleen Klaffka pushed Richard Klaffka in a wheelchair when at the VA hospital in order to support Richard Klaffka’s false claim that he was confined to wheelchair when, in fact, they both knew Richard Klaffka was able to walk without assistance and engaged in physical activities such as hiking, riding a bike and pitching iron horseshoes.

        The indictment also alleges that in order to get Workers’ Compensation benefits from his employment with the United States Postal Service, the defendant falsely claimed that his mobility was limited due to a work injury and that he was only able to walk with the assistance of a cane. According to the indictment, the Klaffkas received over $1,000,000 in government benefits to which they were not entitled. The investigation was triggered by an anonymous call to a fraud hotline.

        The indictment is the result of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Jeffrey Hughes, the Veterans Administration Police Department, under the direction of Chief Jeremy Novak, the United States Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Cheryl Garcia, and the United States Postal Service, Office of Inspector General, under the direction of Monica Weyler, Special Agent in Charge, Eastern Area Field Office.

        The defendants will be arraigned on March 20, 2015 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

        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.