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 Fernando DeAzevedo Melo, 46, a citizen of Portugal, who was convicted of attempting to re-enter the United States following a subsequent felony conviction, was sentenced to time served (seven months) by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on June 30, 2014, Melo attempted to re-enter the United States at the Rainbow Bridge. Because the defendant had previously been removed from the United States for a previous felony conviction, he needed permission to reapply for admission into the United States.

The investigation is the culmination of an investigation on the part of Customs and Border Protection, under the direction of Randy Howe, 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 Petar Petrov, 42, a citizen of Bulgaria who resides Mississauga, Ontario, Canada, who was convicted of conspiracy to possess and use counterfeit access devices with intent to defraud, was sentenced to three months in prison, by Chief U.S. District Judge William M. Skretny. In addition, the defendant was ordered to pay restitution in the amount of $20,176.27 to the Royal Bank of Canada and $66,795.74 to the Canadian Imperial Bank of Commerce.

Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that the defendant was arrested on September 2, 2013, as he entered the United States from Canada at the Lewiston Bridge. A Customs and Border Patrol officer found ten counterfeit access devices in Petrov’s car. The devices were gift cards which had been altered by having legitimate credit card numbers imbedded in the magnetic strips on the back of the cards. Agents determined that all 10 cards were counterfeit. The defendant and a co-conspirator placed “skimming devices” on ATMs in Canada to obtain account information.

The scheme also involved the use of a surreptitiously placed camera to record the personal identification numbers (PINS) used by customers to transact business on the ATM’s. The account information was then placed on the magnetic strips of various gift cards, creating counterfeit access devices. Petrov also used several counterfeit access devices in the Buffalo area between July and September 2013 to withdraw money from various bank accounts in Canadian Banks.

“This case is yet another reminder of how important it is to protect your personal accounts and credit cards,” said U.S. Attorney Hochul. “Criminals will go to any lengths, including the use of cameras, to steal your personal information. Information on how to protect one’s identity and finances can be found at www.stopfraud.gov.”

Co-conspirator Evgeniy Bandarmiliev is also charged with conspiracy to possess and use counterfeit access devices with intent to defraud. 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 Special Agents of the Immigration and Customs Enforcement, Homeland Security, Homeland Security Investigations, under the direction of James C. Spero, Special 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 Barbara Moran, 54, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute fentanyl, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between September 2012 and May 2013, the defendant conspired with others to distribute fentanyl, a Schedule II controlled substance. Moran sold fentanyl patches from her residence at 93 Pulaski Street in Buffalo. Some of those sales were made to law enforcement officers acting in an undercover capacity. 

Co-defendants Jordan Warunek, Barbara Moran, and Gregory Pendziwiatr have all been convicted of conspiracy to possess with intent to distribute and to distribute fentanyl. Warunek was sentenced to two years probation, Mary Moran was sentenced to one year in prison and Gregory Pendziwiatr was sentenced to 15 months in prison.

The sentencing is 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, and the Cheektowaga Police Department, under the direction of Chief David Zach.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Mark Allen Kelly, 54 of Rochester, NY, with producing false military ID cards and making false statements to federal agents. Each charge carries a penalty of up to five years in prison and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, Kelly misrepresented himself to his employer and the community as being an Officer in the United States Navy. The defendant regularly wore full dress naval uniforms at Veterans events. This included a memorial for a fallen Marine killed in Afghanistan where Kelly presented a flag to the Marine’s parents. When questioned, the defendant supported his false claims by presenting an authentic looking, but fraudulently made, military ID card.

The defendant’s conduct came to the attention of the Naval Criminal Investigative Service (NCIS) who began a criminal investigation. During the investigation, Kelly was interviewed by NCIS Agents and made several false material statements. Investigators also recovered several false military ID cards in various stages of production from the defendant’s place of employment.

The defendant will be arraigned before U.S. Magistrate Judge Jonathan W. Feldman on February 5, 2015 at 9:30 a.m.

The indictment is the culmination of an investigation by Special Agents of the Naval Criminal Investigative Service, under the direction of Special Agent in Charge Leo Lamont, NCIS Northeast Field Office.

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

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Georgina Fisher, also known as Georgina Baratta, 44, of Niagara Falls, NY, on charges of causing a financial institution to fail to file transaction reports. The charges carry a maximum penalty of five years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that according to the complaint, on nine occasions between January 28, 2010 and February 8, 2010, Fisher traveled between various Western Union agents in Western New York and purchased four or five $500 money orders on each occasion. The defendant did so in order to avoid reporting requirements that are triggered by the purchase of more than $3,000 in money orders in one transaction or series of transactions.

The indictment is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, under the direction Special Agent-in-Charge Shantelle P. Kitchen.

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 Iteru Masui, 30, of Japan, who was convicted of attempting to export and send from the United States AN/PRC-152 radios, contrary to the Arms Export Control Act, was sentenced to 30 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that between April 30 2013 and May 9, 2013, Masui purchased what he believed were two AN/PRC-152 handheld military radios manufactured by the Harris Corporation in Rochester, NY. The radio is controlled for export by the United States Munitions List, and is not available for purchase by the public. The defendant’s effort to illegally export the radios was discovered and then stopped by special agents of the Department of Homeland Security.

The sentencing is the culmination of an investigation on the part of 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 Eduardo Hernandez Quinones, 46, Yasser Carrillo Chartrand, 23, Claudia Diaz Diaz, 21, and Yaily Santurio, 31, all citizens of Cuba legally present in the United States, were arrested and charged in two criminal complaints with conspiracy to commit bank fraud, access device fraud and aggravated identity theft. The charges carry a mandatory minimum penalty of two years in prison, a maximum 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 defendants Hernandez Quinones and Carrillo Chartrand are charged in one complaint as co-conspirators, and Diaz Diaz and Santuro are charged in a separate complaint as co-conspirators.

According to the complaints, the defendants are accused of fraudulently obtaining the actual credit/debit card numbers of actual people and then encoding counterfeit cards with the information illegally obtained. The defendants used the counterfeit cards to purchase merchandise at retail stores throughout Western New York. In addition, the defendants used the counterfeit cards to purchase gasoline from area gas stations and then re-sold the gasoline for cash.

The four defendants made initial appearances today before U.S. Magistrate Judge Hugh B. Scott. They are being detained. The defendants were arrested in DeWitt, New York and are facing state fraud charges for similar conduct.

The criminal complaints 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 with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Michael Debardlabon, 32, of Rochester, NY, pleaded guilty conspiracy to commit bank fraud and aggravated identity theft, before U.S. District Judge Elizabeth A. Wolford. Conspiracy to commit bank fraud carries a maximum penalty of 30 years in prison and a $1,000,000 fine. Aggravated identity theft carries a mandatory term of two years in prison to be served consecutively to any penalty imposed for bank fraud conspiracy.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that between November 2012 and September 2013, Debardlabon and a co-conspirator, using the name, social security numbers and dates of birth of two different Florida residents, obtained financing to purchase used automobiles (including an Infinity, a Lexus and a BMW) through financial institutions to include ESL and Ally Financial. The Florida residents never authorized the financial transactions to occur. In addition, on one occasion, the personal information of a third Florida resident was used to open an American Express card. Charges to the card included air fare for Debardlabon.

Charges are pending against co-conspirator Maria English. 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 United States Postal Inspection Service under the direction of Shelly Binkowski, Inspector in Charge, Boston Division and 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 Georgia Bowen, a/k/a Georgia Bennett, 39, of Lackawanna, NY, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio to health care fraud and aggravated identity theft. The health fraud charge carries a maximum sentence of 10 years in prison and a $250,000 fine. Aggravated identity carries a mandatory two years in prison to be served consecutive to any term  imposed on the health care fraud conviction.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant, a native and citizen of Jamaica, applied for Medicaid benefits through the Erie County Department of Social Services on three separate occasions: in December 2010, November 2011, and June 2013. Bowen claimed to be a United States citizen and utilized social security numbers assigned to other persons. As a result, Medicaid paid over $19,000 in benefits to health care providers for services provided to the defendant, benefits she was not entitled to receive.

In August 2010, Bowen was sentenced in federal court to two years in prison after being convicted of identity theft in connection with her fraudulent use of the name and social security number of another person which caused over $13,000 in Medicaid benefits to be paid through the Erie County Department of Social Services for medical services she had received. As a result of that conviction, removal proceedings against Bowen were initiated by the Department of Homeland Security.     

The plea is the result of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge and the Social Security Administration, Office of Inspector General, under the direction of Special Agent in Charge Edward Ryan.

Sentencing will be scheduled before Chief U.S. District Court Judge William M. 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 Kayla Renee Combs, 25, of Buffalo NY, who was convicted of conspiracy to possess with intent to distribute and to distribute crack cocaine, was sentenced to 30 months in prison, by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that the charge stems from an investigation into the trafficking of crack cocaine and cocaine from the Cleveland, Ohio area into Western New York, and the distribution of those drugs in North Tonawanda, Niagara Falls, Lockport, and Buffalo.

Co-defendants Nathaniel Clark, 29, of Niagara Falls and Tommy Eugene Clark, a/k/a Boo, have been convicted and are awaiting sentencing. Charges are pending against Raysean Clark, 27, of Buffalo.

The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, in conjunction with the Niagara County Sheriff's Department and Niagara County Drug Task Force, under the direction of Sheriff James Voutour, and the North Tonawanda Police Department, under the direction of Chief William Hall.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Daniel Huzinec, 23, of Buffalo, NY, was arrested and charged by criminal complaint with production and possession of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, stated that according to the complaint, in December 2014, the defendant shared photographs of male children engaged in sexually explicit conduct on a peer to peer website. This conduct included the sexual abuse of male children by adult males and male children engaging in sexual activity with other male children.

On January 27, 2015, a search warrant was executed at the defendant’s Marilla St. residence. Numerous items were seized from the residence including a laptop computer. A preliminary forensic analysis located visual depictions of minors engaged in sexually explicit conduct.

It was indicated in Court that Huzinec works at two different organizations involving minor age children: Child and Family Services and the Boy Scouts of America.  Anyone with information regarding Mr. Huzinec is urged to contact the Buffalo Office of Homeland Security Investigations at (716) 565-2039 extension 105, and ask for Special Agent Leroy Oswald.    

The defendant made an initial appearance this afternoon before U.S Magistrate Judge Hugh B. Scott. Huzinec was detained pending a detention hearing scheduled for January 29, 2015 at 10:30 a.m.

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

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 a federal grand jury has returned an indictment charging Orlando Justice, 27, of Rochester, NY, with assaulting a U.S. Postal Service employee with a dangerous weapon, and brandishing a firearm to commit the assault. The charges carry a minimum sentence of seven years in prison, a maximum of life, and a fine of $250,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, the defendant assaulted a Postal Service mail carrier while he was engaged in his official duties delivering mail in Rochester. During the assault, Justice brandished a firearm.

The indictment is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.

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

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

Over 150 years ago this month, President Abraham Lincoln signed the Emancipation Proclamation abolishing slavery.  Sadly, however, the pernicious practice continues.  In the past year alone, our Offices have prosecuted twenty persons for engaging in human trafficking - modern day slavery.

Directed at those whose acts span from forcing children into prostitution to coercing undocumented aliens to work long hours in a wide variety of legal and illegal industries, the federal statute protects against a wide array of exploitation directed at society’s most vulnerable.  Statistics tell us that millions are enslaved world-wide, and that in the United States alone, over 250 children are taken each and every day by criminals who seek to exploit them.    

January has been declared Human Trafficking Awareness Month because the crime is so pervasive, and the damage to victims so vicious.  It provides the opportunity to dispel myths, including that children/victims are runaways.  In fact, our experiences suggest that those victimized are not merely the troubled but the child next door.  Lured by predators through drugs, threats of violence, or even the cell phone that virtually all carry, no child is immune from being targeted by these predators.

The best protection lies in recognizing the scope of the problem.  Children and parents should also remember common sense tips – all of which begin with “T”:

Young people, watch your TECHNOLOGY, including internet-connected phones, computers, on-line games and social media sites.  The THREAT does not come solely from men, women also are predators and lookouts for victims.  Watch your TALK, as strangers look and listen for vulnerable children.  TRUST your gut, and always TURN to parents, counsellors and loved ones at any sign of danger.

For parents, recognize the THREAT, TALK to your child, and be aware that traffickers most often TARGET the young, lonely, alienated or those who have no one to protect them.

Our Offices have many other helpful tips.  Rest assured that with your help we will continue aggressively to prosecute modern day slavers so that we will not have to look to a second Emancipation Proclamation to eliminate this type of involuntary servitude.

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 Mitchell, a/k/a Max, 22, of Buffalo, NY, pleaded guilty to six counts of bank robbery, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.

Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, stated that between October 2013 and January 9, 2014, Mitchell committed six bank robberies and aided another individual in committing a seventh robbery in the Buffalo and Rochester, NY areas.

In October 2013, the defendant planned then aided another individual in robbing the First Niagara Bank at 529 Elmwood Avenue in Buffalo on October 23, 2013. Mitchell also committed the following robberies:

•             December 3, 2013, First Niagara Bank, 529 Elmwood Avenue, Buffalo

•             December 16, 2013, First Niagara Bank, 805 Main Street, Niagara Falls

•             December 26, 2013, First Niagara Bank, 70 Lyell Avenue, Rochester

•             December 27, 2013, KeyBank, 201 Amherst Street, Buffalo

•             January 3, 2014, M&T Bank, 130 Grant Street, Buffalo

•             January 9, 2014, First Niagara Bank, 1248 Abbott Road, Lackawanna

During each of the robberies, Mitchell passed a note to the teller demanding money and threatened the use of a weapon.

“With this conviction, our investigation into one of the most prolific bank robbers of this era is over, said U.S. Attorney Hochul.”

Co-defendant Sheila L. Cassata pleaded guilty to bank robbery and is scheduled to be sentenced on April 15 at 12:30 p.m.

The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lackawanna Police Department, under the direction of Chief James Michel, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing for Michael Mitchell is scheduled for April 23, 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 following a two week trial, a federal jury in Buffalo has convicted Clifton Jackson, 46, of Buffalo, N.Y., with conspiracy to unlawfully use Social Security numbers, conspiracy for the filing of false tax returns, filing false tax returns, aggravated identity theft, misuse of social security numbers and theft of government property. The defendant faces up to 10 years in prison and a $250,000 when sentenced.

“This defendant attempted to defraud both the Government and individuals by his own version of a 'get rich quick scheme',” said U.S. Attorney Hochul. “This case should serve as a warning that if someone offers something that sounds too good to be true, it probably is. The Government does not give money away to individuals for providing simple information such as name and date of birth.”

IRS-Criminal Investigation Acting Special Agent in Charge Thomas E. Bishop said: “The Internal Revenue Service has made the investigation of identity theft tax refund fraud schemes a top priority. Today’s verdict sends a clear warning to anyone contemplating taking part in such crimes: These schemes will be uncovered and thoroughly investigated and the participants will face severe consequences. It should also reassure honest taxpayers that the government is committed to devoting resources to fighting this problem.”

Assistant U.S. Attorneys Trini E. Ross and John E. Rogowski, who handled the prosecution of the case, stated that the defendant devised a scheme to defraud individuals and the United States Government by obtaining and using the names, social security numbers and dates of birth issued to over 80 individuals. Jackson then used that information to file fraudulent tax returns for the tax year 2011with the IRS.          

The defendant obtained the information by telling individuals that if they provided names, social security numbers and dates of birth, they could receive money from the Government. Jackson also recruited other individuals to provide additional names, social security numbers and dates of birth.  

The Government presented more than 60 witnesses during the trial. These witnesses included over 20 individuals who were victimized by the defendant. Over the duration of the scheme, Jackson attempted to defraud the IRS of more than $550,000.

Jackson is currently serving a 10 year state sentenced in Ohio for a drug conviction. Three other defendants were charged and convicted in this case.  

The verdict is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, Buffalo Office, under the direction of Supervisory Special Agent Michael Rivera, and the United States Postal Inspection Service under the direction of Shelly Binkowski, Inspector in Charge, Boston Division.

Sentencing is scheduled for May 11, 2015 at 10:00 a.m. before U.S. District Judge Geoffrey L. Crawford who presided over the trial.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jacob Shamp, 23, and Ashlee Cook, 24, both of Leichester, NY, were arrested and charged by criminal complaint with recruiting an underage girl to commit a commercial sex act and conspiracy to do so. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life and a $250,000 fine. 

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

Shamp and Cook made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman. Shamp is being held without bail pending a detention hearing on January 27, 2015 at 10:00 a.m. Cook was released on her own recognizance and will return to court on February 5, 2015 at 9:00 a.m. for a status conference.

The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation, and the 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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Joshua Buerman, 27, of Williamson, NY, who was convicted of conspiracy to import and distribute more than 15 kilograms of methylone, a Schedule I controlled substance, was sentenced to 108 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that since June 2012, Joshua Buerman and other members of a drug trafficking organization utilized a source of supply located in China to purchase and obtain significant quantities of Methylone, as well as several other synthetic substances. The Government obtained a court order authorizing the interception of email communications occurring over an email address belonging to the source of supply in China. During the course of the 30 day email interception period, investigators obtained substantial evidence indicating that the China based supplier was shipping an assortment of controlled substances and controlled substance analogs to numerous customers located throughout the United States and abroad, including, but not limited to Austria, Canada, Finland, Spain, Germany, Italy, Belgium, Ireland, the United Kingdom, Sweden and Lithuania.

The interception generated more than 450 leads which were disseminated to various police agencies across the United States, resulting in the nationwide seizure of more than 70 kilograms of Methylone and numerous controlled substance analogs, all of which had been shipped from China. Investigative leads also resulted in at least 54 arrests nationwide, including Maine, Massachusetts, Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Tennessee, Missouri, Ohio, Michigan, Minnesota, Nevada, Oregon, California and Texas. Agents also seized several kilograms of cocaine, methamphetamine and MDMA, more than $50,000 in cash, several motor vehicles and seven weapons, including several firearms.

In August 2013, investigators learned through the email interception that several shipments of Methylone were being shipped to members of the Rochester organization. The packages were interdicted and found to contain a total of 3.5 kilograms of methylone crystals.

Methylone is a stimulant that has a chemical structure closely related to 3,4 methyelenedioxymethamphetamine, known commonly as "MDMA" or "ecstacy." Its crystalline form is often sold generically on the streets by the street term "Molly" or “bath salts.” Methylone was the subject of an October 2011 DEA Emergency Scheduling Order and was permanently placed into Schedule I of the Controlled Substances Act in April 2013.

Buerman was arrested along with seven others in the Rochester area in September 2013. To date, six defendants have been convicted and sentenced. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencing is the culmination of an investigation on the part of the Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, the United States Border Patrol, under the direction of Patrol Agent in Charge Chris Buskey, and the New York State Police, under the direction of Major Craig Hanesworth.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Nicholas Gaskin, 27, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of crack cocaine, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.

Assistant U.S. George C. Burgasser, who handled the case, stated that between April 2012 and May 12, 2012, the defendant sold crack cocaine to an undercover police officer on several occasions in the City of Buffalo.

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

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Acoff, 24, of Buffalo, NY, who was convicted of perjury for lying to the grand jury in the connection with the Baily Boys investigation, was sentenced to 18 months in prison by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Anthony M. Bruce, who handled the case, stated that Acoff told a federal grand jury that he had firsthand knowledge of the January 19, 2011 murder of Harold McCain. The defendant told the grand jury that he received a telephone call from McCain’s alleged killer following the murder asking the defendant to pick him up. Acoff further claimed that he did in fact pick up the alleged killer who then provided Acoff with details of the murder which Acoff then repeated for the grand jury as though he had first-hand knowledge of them. In pleading guilty, Acoff had admitted that he never received a call from the alleged killer, did not pick him up and did not have conversations regarding the murder of Harold McCain, but rather had learned the details from a third party.

Bailey Boys Gang member Tyrone Brown was indicted, along with six other members and associates, on August 1, 2012. The indictment alleged that Brown murdered Harold McCain in January 2011.

The sentencing is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney Frank A. Sedita, III, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, and the Amherst Police Department, under the direction of Chief John Askey.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Derek T. Floyd, a/k/a Derek Floyd, Jr., 40, of Rochester, NY, who was convicted of bank fraud and violating a previously imposed term of supervised release, was sentenced by U.S. District Judge Charles J. Siragusa to 77 monnhs in prison. The defendant was also ordered to pay restitution totaling $47,232.09.

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that between April 2011 and December 2013, the defendant intercepted checks to which he was not entitled. Floyd then used the information on the checks to create new checks, payable to the names of other individuals. Associates of the defendant then cashed and attempted to cash the fraudulent checks at banks throughout the area. During the time period, individuals attempted to cash checks valued at a total of $92,627.92, for a total loss of $47,232.09.

By being convicted of bank fraud, Floyd, who was serving a term of supervised release for a prior federal conviction, violated the terms of his supervised release.

The sentencing is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster, Special Agents of the U.S. Postal Inspection Service, Boston Division, under the direction of Inspector in Charge, Shelly A. Binkowski, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Ontario Sheriff’s Department, under the direction of Sheriff Phillip Povero.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Carl Spencer, a/k/a Carl Spence, a/k/a Barrington Antonio Stewart, a/k/a Clyde Crenshaw, 51, of Kingston, Jamaica national, who was convicted by a federal jury of illegal re-entry and aggravated identity theft, was sentenced to 66 months in prison by U.S. District Judge David G. Larimer.

     Assistant U.S. Attorney John J. Field, who handled the case, stated that Spencer was previously deported and removed in 2006 after being prosecuted and convicted of drug crimes. On November 9, 2012, the defendant was found by agents with Immigration and Customs Enforcement. When stopped by agents, Spencer presented a fake Georgia driver’s license in the name of Clyde Crenshaw, a United States citizen and resident of the NYC area.  

     The verdict is the culmination of an investigation on the part of Special Agents of the 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

Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Charles Fitzgerald, 39, of Rochester, NY, pleaded guilty before U.S. District Court Judge Frank P. Geraci, Jr. to possession of a controlled substance with intent to distribute.  The charge carries a maximum penalty of 30 years in prison, a fine of $2,000,000 or both.

Assistant U.S. Attorney Jennifer Noto, who is handling the case, stated that the defendant admitted that on July 25, 2012, he possessed with intent to distribute various synthetic controlled substances and synthetic controlled substance analogues at both his residence in Rochester and at one of the stores that he owned, the 420 Emporium located in Batavia, NY. As part of the plea agreement, Fitzgerald will forfeit $771,109 in United States currency that was seized during the execution of a search warrant at his residence at 221 West Hills Estates on July 25, 2012.

Three employees of Fitzgerald’s, who worked at the 420 Emporium stores located in Batavia and Henrietta, NY, have also been convicted in this case and are awaiting sentencing.

“This case demonstrates how by working together, the community and law enforcement can improve the quality of life for all,” said U.S. Attorney Hochul. “In this case, a rash of emergency room visits due to overdoses of synthetic drugs was brought to our attention by concerned members of the community, including the media. Law enforcement immediately engaged, and within several months, was able to execute search warrants throughout Western New York and make arrests of those selling such illegal and highly dangerous substances. With this conviction, we are able to report that the entire investigation was a success.”

The plea is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Agency, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson

Sentencing is scheduled for April 15, 2015, at 3:00 p.m. before Judge Geraci.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 13-count indictment charging former City of Dunkirk Mayor Richard L. Frey, 83, of Dunkirk, NY, with engaging in a scheme to defraud his mayoral campaign and his supporters by stealing campaign contributions for his personal benefit. Frey is charged with 12 counts of wire fraud and one count of making a false statement to the FBI. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney John E. Rogowski and Department of Justice Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section, who are handling the case, state that according to the indictment, from at least January 2003 through June 2012, Frey solicited and received several large campaign contributions from a number of area businesses and businesspeople. Instead of depositing the donations into his campaign accounts, the defendant either cashed the checks for his personal use or deposited the checks into his personal bank accounts. The indictment further alleges that the defendant concealed the existence of these larger campaign contributions by not reporting or disclosing them on his campaign disclosure reports, as was required of local candidates for public office. It is further alleged that Frey provided false information to the FBI when asked about the scheme.

The indictment is the culmination of an investigation by Federal Bureau of Investigation and the U.S. Housing and Urban Development Office of Inspector General.

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 Jose R. Ramos, 36, of Buffalo, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to 30 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney John M. Alsup, who handled the case, stated that on April 20, 2012, the defendant attempted to accept delivery of a package mailed form Puerto Rico that contained approximately 2.5 kilograms of cocaine. The package was delivered initially to an address in Niagara Falls, NY. Shortly after taking the package from the residence where it was delivered, Ramos was apprehended by agents of the Drug Enforcement Administration.

The sentencing is 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 Office and Special Agents of the U.S. Postal Inspection Service, Boston Division, under the direction of Inspector in Charge, Shelly A. Binkowski.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Timothy McCabe, 50, and Theresa Morales, 50, of Florida (formerly of Buffalo), pleaded guilty before U.S. District Court Judge Richard J. Arcara, to bank fraud. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000, or both.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendants executed a scheme to obtain mortgages, re-financing, and home equity credit lines, totaling $2,580,000, from various financial institutions. In furtherance of the scheme, McCabe and Morales put together loan applications, which contained materially false information as to defendant Morales’ employment and income, and as to the couple’s intent to reside at the properties as owner/occupants. The loan applications were then submitted to the financial institutions, either directly by the defendants, or through Nickel City Funding, a Western New York mortgage broker.

Relying on the representations in the loan applications, as well as false verifications provided by defendant McCabe, the financial institutions granted the loans, which totaled $2,580,000. The defendants made only minimal payments on the loans, causing the properties to go into foreclosure, and resulting in a loss to the financial institutions in excess of $1,000,000.

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and Special Agents of the United States Secret Service , under the direction of Special Agent in Charge C. Todd Laster.

Sentencing is scheduled for April 17, 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 a federal grand jury has returned an indictment charging Charles Weber, 59, of Snyder, NY, with making and subscribing a false tax return. The charges carry a maximum penalty of three years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that Weber is a dentist with a private practice in Williamsville, NY. In April 2009, the defendant filed tax returns for 2006 and 2007, falsely claiming that he was not a United States citizen and had not been present in the United States at any time during 2006 or 2007. Weber also falsely stated that his only taxable income in 2006 and 2007 came from dividends, failing to disclose that he had been engaged in the operation of his dental practice during those years and as a result received reportable income. The defendant signed the tax returns under the penalties of perjury.

Weber was arraigned before U.S. Magistrate Judge Hugh B. Scott.

The indictment is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, under the direction Special Agent-in-Charge Shantelle P. Kitchen.

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 Roger Eric Powell, 48, of Rochester, NY, was charged by criminal complaint with enticement of a minor and production of child pornography. Enticement of a minor carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a fine of $250,000. Production of child pornography carries a mandatory minimum sentence of 15 years, a maximum of 40, and a $250,000 fine.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, on January 2, 2015, a complainant told law enforcement officers that her child, aged 14, had been engaging in sexually explicit communications with the defendant. When the child spoke with officers, the child advised that the two communicated on Facebook and that Powell sent two explicit images of himself to the child. The child also indicated that the defendant made multiple requests for explicit photos in return. In order to get the defendant to stop bothering the child, the child sent an explicit picture to Powell.

Law enforcement officers reviewed the child’s Facebook account and saw the exchanges between the defendant and the child. Officers then took over the Facebook account and engaged in communications with Powell. The defendant revealed in those communications about having engaged in prior sexual conduct with the child that was later confirmed by the child to law enforcement. A search warrant was executed at Powell’s residence and the defendant admitted to engaging in inappropriate communications with the child.

The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force. The Task Force includes members of the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County Sheriff’s, under the direction of Sheriff Patrick O’Flynn, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.              .

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 Marcellus Overton, 39, of Niagara Falls, NY, was arrested and charged with sex trafficking of a minor and transportation of a minor to engage in criminal sexual activity. The charges carry a mandatory minimum of 10 years in prison and a maximum of life.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the indictment, between December 2012 and March 2013, the defendant knowingly enticed a victim under 18 years old to engage in a commercial sex act. The complaint further states that in March 2013, Overton knowingly transported a minor under 18 years old between New York and Georgia to engage in prostitution.

The defendant made an initial appearance on January 14, 2015 before U.S. Magistrate Judge Hugh B. Scott and is being detained. A detention hearing is scheduled for January 16, 2015.

“Each year, thousands of women and men become the victims of human trafficking in the United States,” said U.S. Attorney Hochul. “Whether forced into labor or commercial sexual exploitation, the lives of these victims are forever impacted. But our Office, working side by side with our law enforcement partners, is aggressively prosecuting all forms of trafficking wherever they occur. The Human Trafficking Task Force also includes non-government agencies who partner with us to effectively address this serious criminal activity.”

"The disturbing allegations in this case and cases like it serve to heighten the resolve of law enforcement in the effort against traffickers," said ICE HSI Special Agent in Charge Spero. " Sadly, many trafficking victims remain hidden in plain sight-- going unnoticed or unreported, which is why it is critical that we continue to raise awareness so more victims are identified and rescued and more exploiters are brought to justice."

The criminal complaint is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security investigations, under the direction of Special Agent in Charge James C. Spero. 

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.             

January is Human Trafficking Awareness Month. Every year, thousands of vulnerable persons, including women and children, are trafficked into the United States, threatened and beaten, and forced to perform services of a sexual nature against their will. Every year, thousands of workers and laborers are exploited and abused by employers. The exploitation of vulnerable individuals is an affront to fundamental human rights, and will not and cannot be tolerated. The Department of Justice and U.S. Attorney’s Offices are committed to the prosecution of human trafficking cases, and will continue to hold traffickers accountable for these heinous crimes.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jorge Melendez, 44, of Buffalo, NY, who was convicted of conspiracy to manufacture more than 100 marijuana plants, was sentenced to 60 months in prison by Chief U.S. District Judge William Skretny. The defendant was also ordered to pay a money judgement totalling $300,000, and forfeit a Suburban vehicle, a Harley Davidson motorcycle, a 36 foot speed boat, and seven firearms.   

“For all those who take an oath to uphold the law, there is nothing more egregious than to flout that sacred promise and become a criminal,” said U.S. Attorney Hochul. “This defendant – while wearing the uniform of a police officer – served as a drug dealer for two years. The defendant’s actions have now cost him his liberty and property. They have not, however, reduced the high regard we have for those officers who continue to perform an outstanding job keeping all of us safe.”

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that on May 31, 2012, Melendez, along with co-defendants Jason Elardo and Robert Osika, were arrested after a long term investigation into a large scale marijuana grow operation at three locations. Specifically, Melendez and Elardo maintained a marijuana grow operation at a warehouse located at 2157 South Park Ave. in Buffalo.  During the course of an investigation into the cultivation and distribution of marijuana, law enforcement officers installed hidden surveillance equipment on the second floor of the South Park Ave. warehouse where a grow operation was located. A review of surveillance video showed Melendez and Elardo tending to over 100 marijuana plants.

Prior to installing cameras inside the warehouse, officers monitored the outside of the building, also using surveillance cameras. Melendez was observed arriving in a Buffalo Police patrol car, while on duty, and entering and exiting the location. The defendant worked in the Buffalo Police Department's "D" District, however the warehouse is located in the "A" District.

The outside surveillance cameras also observed Elardo entering the warehouse on a daily basis to tend to the marijuana grow operation. In addition, officers obtained credit card information indicating that Elardo purchased equipment used to sustain an indoor, hydroponic marijuana grow operation. The equipment included a dehumidifier and filters.    

At one point during the investigation, officers observed a police badge and credentials belonging to Melendez inside the warehouse. Melendez claimed to have previously lost the badge and identification.  

On May 31, 2012, two additional locations were found to contain grow operations.  A warehouse located at 1372 Clinton Street in Buffalo and a residence located at 76 West Woodside, both owned by Jason and third co-defendant Gale Elardo, were found to contain a marijuana grow operation. The residence also was found to contain marijuana packaged for sale and two firearms.

Defendants Osika and Gale Elardo have been convicted and are awaiting sentenced. Jason Elardo is deceased.

The sentencing is the culmination of an investigation on the part of Investigators of the New York State Police, under the direction of Major Michael Cerretto, the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, Special Agents of the Federal Bureau of Investigation, and the Buffalo Police Department under the direction of Commission 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 Scott Leuthe, 43, of West Seneca, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to tax evasion. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, said that between 2008 and 2011, Leuthe worked as a nurse a nurse practitioner for two diagnostic imaging businesses in the Western New York area. The defendant was paid as an independent contractor by both businesses but failed to report any of the income he received from one of the companies while claiming all the expenses he incurred in the performance of his duties there. Leuthe’s unreported income during this four-year period was in excess of $400,000. As a result, the defendant failed to pay approximately $134,000 in income taxes.

The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, under the direction Special Agent-in-Charge Shantelle P. Kitchen.

Sentencing is scheduled for April 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 Eldon Bott, 66, of Bringham City, UT, pleaded guilty conspiracy to commit money laundering before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison and a $250,000.

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

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

“The defendants in this case stand convicted of violating laws which protect American soldiers serving in times of war, and American businesses operating in times of peace,” said U.S. Attorney Hochul. “Particularly where the defense industry is concerned, this Office will not allow anyone to put personal profit ahead of public duty and military necessity.”

“These guilty pleas bring this nearly decade-long probe closer to full resolution,” said James Spero, HSI Special Agent in Charge. “HSI special agents, through an extensive investigation, proved that the individuals perpetuating this scheme essentially engaged in a reckless pattern of shortcut taking that put American servicemembers’ lives at risk. Our action in this case prevented untold harm.”

"Today's guilty plea demonstrates the continued commitment of the Defense Criminal Investigative Service (DCIS) and our partner agencies to pro-actively identify those intent on providing substandard, substituted products to the U.S. military in exchange for unwarranted exorbitant profits," said Craig W. Rupert, Special Agent in Charge, DCIS Northeast Field Office, the investigative arm of the Department of Defense (DoD), Office of the Inspector General. "Such schemes, perpetrated by dishonest contractors and individuals, place the American Warfighter in danger and erodes the confidence of the American taxpaying public."

IRS-Criminal Investigation Acting Special Agent in Charge Thomas E. Bishop said: “IRS Criminal Investigation was pleased to lend its expertise in conducting financial investigations to this diverse team of investigators. Through the cooperation among several law enforcement agencies, a complex scheme to defraud the U.S. government and potentially harm our nation’s security has been unraveled.”   

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

The plea is the culmination of an investigation on the part of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, and the Department of Defense Criminal Investigative Service, under the direction of Edward T. Bradley, Special Agent in Charge, Northeast Field Office.

Eldon Bott is scheduled to be sentenced on May 27, 2015 at 2:00 p.m. by 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 Daniel Safranec, 29, of Lyons, NY, who was convicted of manufacturing more than 50 marijuana plants, was sentenced to 12 months in prison by U.S. District Judge David G. Larimer.

                Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on November 6, 2012, New York State Police troopers responded to a call in vicinity of 7312 Old Lyons Road in Lyons for a report of pigs which were not contained within a pen. Upon arrival, troopers saw two pigs loose in the yard of the residence. Troopers approached the residence to speak with the owner, whom they identified as Daniel Safranec, and detected the smell of marijuana coming from the residence. They briefly spoke with the defendant and then left the area. Troopers later returned with a search warrant. During the execution of the search warrant, troopers located 261 marijuana plants in various stages of growth, mason jars used for storage of dried marijuana, and various pieces of high wattage grow lights and other equipment necessary for operating a sophisticated indoor marijuana cultivation operation. Law enforcement also located and seized approximately $800.00 in US currency.

                In April of 2013, after a follow-up investigation, Safranec was arrested on federal drug charges related to the November 6, 2012, incident. When officers went to arrest Safranec on April 23, 2013, they observed approximately five bundles of a substance which they believed to be marijuana located on a kitchen counter, marijuana clippings in a plastic bin in the living room and a glass mason jar on the kitchen counter which contained dried marijuana. Law enforcement obtained a second search warrant for the residence. Agents found marijuana on the floor near the bedrooms and multiple marijuana plant structures at various stages of growth, as well as equipment associated with a marijuana grow operation. In a barn on the property, officers discovered racks of marijuana which had been harvested and appeared to be drying. The harvested marijuana and the various items associated with marijuana cultivation, as well as a total of 202 marijuana plants, were seized.

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the New York State Police, under the direction of Major Craig S. Hanesworth.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Hassan El Saddique, 34, of Buffalo, NY, was arrested and charged by criminal complaint with stealing and converting to his own use, more than $5,000 from the Buffalo Board of Education. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kathleen A. Lynch, who is handling the case, stated that between September 2009 and June 2010, the defendant obtained a contract from the Buffalo Board of Education to provide Title I services at the Universal School. Title I is a federally funded program that provides assistance to school districts with high numbers of children from low income families.

According to the complaint, El Saddique never provided Title I services to students at the Universal School. Rather, the defendant appeared uninvited at Bishop Time High School, which already had a Title I program in place, and told school officials that he was there to provide Title I assistance.

The complaint further states that El Saddique volunteered at Bishop Timon knowing that there were no Title I funds available to compensate him. However, the defendant subsequently submitted fraudulent invoices and received payment totaling $15,120. Some of the invoices were submitted for days before and after the Title I program began and ended at Bishop Timon.

The defendant will make an initial appearance at 2:00 p.m. today before U.S. Magistrate Judge Hugh B. Scott. 

The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent in Charge Geoff Wood.

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 Hassan El Saddique, 34, of Buffalo, NY, was arrested and charged by criminal complaint with stealing and converting to his own use, more than $5,000 from the Buffalo Board of Education. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kathleen A. Lynch, who is handling the case, stated that between September 2009 and June 2010, the defendant obtained a contract from the Buffalo Board of Education to provide Title I services at the Universal School. Title I is a federally funded program that provides assistance to school districts with high numbers of children from low income families.

According to the complaint, El Saddique never provided Title I services to students at the Universal School. Rather, the defendant appeared uninvited at Bishop Time High School, which already had a Title I program in place, and told school officials that he was there to provide Title I assistance.

The complaint further states that El Saddique volunteered at Bishop Timon knowing that there were no Title I funds available to compensate him. However, the defendant subsequently submitted fraudulent invoices and received payment totaling $15,120. Some of the invoices were submitted for days before and after the Title I program began and ended at Bishop Timon.

The defendant will make an initial appearance at 2:00 p.m. today before U.S. Magistrate Judge Hugh B. Scott. 

The criminal complaint is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation and the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent in Charge Geoff Wood.

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 Gary R. Latray, 54, of Syracuse, NY, pleaded guilty to aggravated bank robbery before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of 25 years in prison and a $250,000 fine.

Assistant U.S. Attorney John M. Alsup, who is handling 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 plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Hamburg Police Department, under the direction of Chief Michael Williams, 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.

Sentencing is scheduled for March 27, 2015 at 12:00 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 Thomas A. Sparks, 23, of North Tonawanda, N.Y., pleaded guilty to receipt of child pornography, before Chief U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in June of 2013, the Federal Bureau of Investigation received a report that Sparks and a friend were downloading child pornography from the internet. On June 26, 2013, the FBI interviewed the defendant’s friend, who admitted that he and Sparks had downloaded child pornography from the internet onto a flash drive.

Later that day, the FBI interviewed the defendant at his residence. At that time, Sparks admitted that he had downloaded child pornography from the internet onto the flash drive. The defendant also admitted that prior to the FBI’s arrival, he smashed the flash drive and threw it in the garbage. Sparks told investigators he got a phone call from his friend alerting him that the FBI was on the way to interview him. The flash drive was recovered from the garbage and was repaired by the FBI. A forensic analysis uncovered approximately 94 images of child pornography stored on the flash drive.  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 plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Cheektowaga Police Department, under the direction of Chief David Zack, and the New York State Police, under the direction of Major Michael Cerretto.

Sentencing is scheduled for April 29, 2015, at 3:00 p.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 Gregory Magness, 66, of Polk, PA, pleaded guilty to conspiracy to smuggle and conspiracy to commit money laundering before Chief U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 10 years, and a $250,000 fine. In addition, Magness’ son Justin, 36, of Oil City, PA, pleaded guilty to aiding and abetting in the presentation of a false document to Custom and Border Protection officers. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated the Gregory Mangess was the president of Superior Metal Powders, Inc. and Justin Magness served as vice-president. The company was in the business of supplying specialty metal powders which included magnesium and magnesium reagent. Between 2003 and 2006, Superior Metal Powders had an agreement to provide the ESM Group Inc. with pure magnesium powder. ESM then sold the magnesium powder to Kilgore Flares Inc. which used the magnesium to produce countermeasure flares for the United States Department of Defense.

Gregory and Justin Magness bought the magnesium that was supplied to ESM from William Nehill which was imported from China. At the time of the importations, the United States had a 305.56% antidumping duty in place with respect to the type of magnesium powder the defendants were importing through Nehill. In order to avoid the antidumping duty, the defendants mixed the pure magnesium with chunks of aluminum and falsely labeled it as magnesium reagent. By doing so, the duty imposed on the shipments was only 5%. The mislabeling resulted in a $6,000,000 duty loss to the United States. During one such import in 2004, Justin Magness aided William Nehill in preparing false documents that were provided to and relied on by customs resulting in a lower duty cost.   

In April 2010, Gregory Magness, Justin Magness, William Nehill, Charles Wright, and Eldon Bott were charged with participating in a conspiracy to import Chinese magnesium into the United States. Gregory and Justin Magness, as well as defendants Nehill and Wright have all been convicted. Charges are pending against Eldon Bott. 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 pleas are the culmination of an investigation on the part of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, and the Department of Defense Criminal Investigative Service, under the direction of Edward T. Bradley, Special Agent in Charge, Northeast Field Office.

Gregory and Justin Magness will be sentenced on May 13, 2015 at 9:00 a.m. by Judge Skretny.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Gregory Pendziwiatr, 46, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute fentanyl, was sentenced to 15 months in prison by U.S. District Judge Richard J. Arcara.

     Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that Pendziwiatr and co-defendant Mary Moran sold prescription fentanyl patches to another co-defendant, Barbara Moran. Co-defendant Barbara Moran sold the fentanyl patches to others in the City of Buffalo including a third co-defendant Jordan Warunek.

     Jordan Warunek and Mary Moran were also convicted of conspiracy to possess with intent to distribute and distribute fentanyl and were sentenced to two years probation and one year in prison respectively. Barbara Moran will be sentenced by Judge Arcara on February 2, 2105.

     “Narcotics which are trafficked illegally do not always originate from outside the country, or Western New York,” said U.S. Attorney Hochul. “Sometimes, persons with valid medical prescriptions choose to become nothing more than neighborhood drug dealers by selling that which a doctor intended for their benefit. This Office will prosecute any who would poison the community by trafficking in addictive or deadly substances such as fentanyl, regardless of how the person acquires the product.”

     The sentencing is 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, and the Cheektowaga Police Department, under the direction of Chief David Zach.

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 six count indictment charging Jason M. Smith, 34, of Tonawanda, NY, with production of child pornography and possession of child pornography. The charges carry a maximum penalty of 30 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 according to a complaint filed in September 2014, on April 11, 2014, the Lancaster Police Department executed a search warrant at Smith’s residence on Byron Avenue in Tonawanda. During the search, officers seized external hard drives. Subsequent examination by the Western New York Regional Forensic Laboratory determined that the defendant was producing child pornography at his residence. Some of the images depicted Smith engaged in sexual contact with what appears to be a child under the age of 10.

Investigation also determined that the defendant possessed other items of child pornography.

Smith is scheduled to be arraigned on January 12, 2015 at 11:00 a.m. before U.S Magistrate Judge Jerimiah J. McCarthy. The defendant has been in custody since his arrest in September 2014.

The indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr., and the Cheektowaga Police Department, under the direction of Chief David Zack.

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 Vasile Leu, 34, of Chisinau, Moldova, who was convicted of using a fraudulent Czech Republic passport to open bank accounts, was sentenced to 24 months in prison by U.S. District Judge Charles P. Siragusa. The defendant was also ordered to pay restitution of $147,850 to victims of a related fraud.

Assistant U.S. Attorney John J. Field, who handling the case, stated that in 2012, Leu entered the United States and, over a period of months, opened bank accounts at different banks in Wisconsin and California using false Czech Republic passports issued to him under various aliases. The bank accounts were used to receive proceeds from an internet fraud that targeted online purchasers of motor vehicles. The defendant then transferred the proceeds of the fraud back to Eastern Europe.

Upon completing his prison sentence, Leu is expected to be immediately deported from the United States back to Moldova.

This sentencing is the culmination of an investigation by Special Agents of 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

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Tyrelis Austin, 23, of Rochester, N.Y., who was convicted of robbing three Tops Marketplace stores in 2012, 2013 and 2014, was sentenced to 54 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay restitution in the amount of $6,030.

Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that on November 25, 2012, Austin robbed the Tops store located at 1100 Jefferson Road in Henrietta; on July 29, 2013, the defendant robbed the Tops store located at 3507 Mt. Read Boulevard in Greece; and, on March 28, 2014, he robbed the Tops store located at 270 East Main Street in Avon, New York. According to the complaint, on each occasion, the defendant threatened to shoot store employees if they did not comply with his request to empty the cash registers located at the service desks of each store.

After robbing the Tops store in Avon, Austin led deputies with the Monroe County Sheriff’s Department on a high speed chase on Route 390 northbound.  Ultimately, the defendant’s vehicle crashed into a ditch on Route 390 near the Chili Avenue exit. Deputies arrested Austin at the scene and discovered a large amount of cash, as well as the black hooded sweatshirt, wig and baseball cap that he wore into the store. Deputies also discovered two handwritten notes which stated “put all the money in the bag or I will shoot you.” In a post-arrest statement to police, Austin admitted his involvement in all three robberies.

In November 2014, Austin’s cousin, Derek Stanin, was sentenced to 51 months on similar charges, including the robbery of three Tops Supermarkets located in the Rochester, New York area.  

The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, the Monroe County Sheriff’s Department, under the direction of Patrick O’Flynn, the Avon Police Department, under the direction of Chief Gary Benedict, and the Greece Police Department, under the direction of Chief Patrick Phelan.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Robert Cavigliano, 56, of Irondequoit, N.Y., who was convicted following a jury trial of distributing child pornography, possessing child pornography and making a false statement to federal agents, was sentenced to 27 years in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Marisa Miller, Craig R. Gestring and Tiffany H. Lee, who handled the case, stated that in October and November 2011, undercover agents in both Rochester, N.Y. and Montana received child pornography from the defendant, through a peer-to-peer software program. Agents executed a search warrant at Cavigliano’s residence in January 2012, at which time they located items of digital media, including a laptop computer. That computer was later discovered to contain images and videos of child pornography. The defendant also made a false statement to federal agents when he stated to members of the FBI that he did not own or possess any laptop computers, during an interview with agents prior to the execution of the warrant.

In sentencing the defendant, Judge Geraci stated that the images distributed by the defendant were terrible and very disturbing. The judge added that each photo is a child who was raped and victimized and those photos were shared with the world and are out there forever because of Cavigliano’s actions. Judge Geraci also stated that the defendant’s conduct destroys children, families, and communities and calls for the most severe sentence. The judge also noted that Cavigliano accepted no responsibility for his actions and is a risk to society.

This case was brought as part of Project Safe Childhood.  In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorneys' Offices, 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 identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation’s Cyber Task Force, consisting of Special Agents of the FBI, deputies with the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, and investigators with the Rochester Police Department, under the direction of Chief Michael Ciminelli. Assistance was also provided by the Madison County Sheriff’s Department in Montana, under the direction of Roger Thompson.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael D. Schluter, 46, formerly of Irondequoit, N.Y., who was convicted after a jury trial of production of child pornography, possession of child pornography, and transporting a minor across state lines with the intent to engage in illegal sexual activity, was sentenced to 262 months in prison and 15 years supervised release by U.S. District Judge Frank P. Geraci, Jr. 

“The actions committed by this defendant were heinous and as a result, he will spend the next 21 years behind bars,” said U.S. Attorney Hochul. “In his attempts to negatively impact the innocence and life of a child forever, the defendant was only successful in losing his freedom for a very long period of time.”

Assistant U.S. Attorneys Tiffany H. Lee and Craig R. Gestring, who handled the prosecution of the case, stated that in January 2009, a minor reported that she had been sexually abused by the defendant. In July 2008 Schluter took photographs of the minor in sexually explicit poses. Further, in 2007, the defendant transported the minor to Massachusetts and Vermont in 2007 for the purpose of raping the minor.

The sentencing 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 and the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Rudell Jackson, 26, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine, was sentenced to 60 months in prison by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $1,600.

Assistant U.S. George C. Burgasser, who handled the case, stated that between August 2012 and March 27, 2013, the defendant conspired with others to distribute crack cocaine in the City of Buffalo. Jackson met his co-conspirators at various locations including the Big Bosch Food Market at Jefferson and Carlton Streets and the McDonald’s Restaurant at Bailey Avenue and Genesee Street. In addition, the defendant sold crack cocaine to an undercover officer on four occasions in September and October of 2012.

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

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Edward Eguavoen, 45, of Nigeria, who was convicted in Belgium of human trafficking for the purposes of prostitution, was arrested and held for extradition.

“To those who thought that slavery ended centuries ago, this case stands as a stark reminder that human beings are still being stolen and forced into incomprehensible conditions,” said U.S. Attorney Hochul.  “Nor do the problems of the world avoid Buffalo. Because of the devastation that human trafficking brings to victims and society, this Office will not hesitate to prosecute any who would engage in this sort of unconscionable crime.”

Assistant U.S Attorney Paul J. Campana, who is handling the case, stated that according to the underlying complaint supporting the arrest, Eguavoen attempted to enter the United States at the Peace Bridge Port of Entry on December 21, 2014 using a Canadian passport under a different name. Subsequent investigation by the Department of Homeland Security determined that the defendant is wanted by Belgian authorities on a 2005 human trafficking conviction. 

The Belgian conviction involves the forced inducement of seven Nigerian women for prostitution between July 1999 and November 2002. The victims were brought from Nigeria to Belgium by a criminal organization of which the defendant was a member. Once in Belgium, the victims were given documentation indicating Sierra Leon as their country of origin, and told to file applications for asylum in Belgium.

The victims were then taken and forced into prostitution in brothel houses controlled by the criminal organization. The victims were given “working names” and advertised in magazines and newspapers. The organization running the prostitution business threatened the victims to prevent them from speaking to law enforcement.

Sometime following his 2005 conviction, the defendant fled Belgium. The defendant was subsequently sentenced in absentia in October 2007 to concurrent seven year prison terms. The defendant had apparently been residing in Canada prior to his most recent arrest. 

The defendant made an initial appearance before U.S. Magistrate Judge Hugh B. Scott and is being detained. Eguavoen is due back in court on February 4, 2015 at 10:00 a.m.

The extradition arrest and complaint is 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 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 Ronald Tuttle, 44, of Elmira, NY, who was convicted of conspiracies to import and distribute narcotics, and importation and attempted possession of a narcotic following a jury trial, was sentenced to 97 months in prison by U.S.  District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Jennifer M. Noto and Douglas E. Gregory, who handled the case, stated that the defendant imported hundreds of grams of MDPV, a synthetic drug similar to methamphetamine, over the internet from China between November 2011 and February 7, 2013.  Tuttle used Western Union to send money orders to China to pay for the drugs. Once the defendant received the imported drugs, he then distributed the MDPV to others for resale.  Tuttle, who testified at trial in September 2014, claimed that he was importing and selling the weight-loss supplement Sensa. During sentencing Judge Geraci called the defendant’s trial testimony “incredible.”  

The sentencing 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.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony Anastasia, 48, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.

Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, stated that on November 16, 2011, Anastasia was arrested after he admitted that he was selling cocaine. The defendant also admitted to having approximately three ounces of cocaine at his residence at 32 Lovering in Buffalo.  As part of the investigation, the cocaine was seized by law enforcement. 

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

Sentencing is scheduled for May 6, 2015 at 9:00 a.m. before Judge Skretny.

CONTACT: Karen Brown
PHONE: (716) 843-5836
FAX:  (716) 551-3051
 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo returned a two-count Indictment on December 17, 2014, charging Tracy Anderson, age 43, of Tonawanda, New York, with knowingly and willfully making a false document and unlawfully receiving supplemental security income, in violation of Title 18, United States Code, Sections 1001(a)(3) and 641.  Anderson was arrested and arraigned on December 29, 2014.  The charges carry a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Scott S. Allen, Jr. stated that the Indictment charges the defendant with making a false document and fraudulently receiving federal benefits on behalf of her son when in fact, her child was not living with her at the time of receipt.

The Indictment is the result of an investigation from the Office of the Inspector General of the Social Security Administration, under the direction of Resident Agent in Charge Bradley Parker.

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 Clifford B. Smith, 34, formerly of Buffalo, pleaded guilty before U.S. District Court Chief Judge William M. Skretny, to bank robbery and tampering with a witness. The charges carry a maximum sentence of 25 years in prison and a fine of $250,000.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between September 2011 and November 2011, Smith robbed four HSBC Bank locations throughout the City of Buffalo. On each occasion, the defendant presented the teller with a note and threatened a gun. During the last robbery, Smith brandished a gun and robbed three tellers.

One of the HSBC branches was robbed twice within two weeks and one of the tellers recognized Smith from the earlier robbery. In both robberies, the defendant wore disguises including large glasses. Smith also tampered with a witness by contacting a person from prison and encouraging her to lie to and say that she was with Smith when the robberies occurred. The defendant later sent the woman a letter providing her with some of the dates that he wanted her to use for his failed alibi.

The investigation is the culmination of an investigation on the part of the Buffalo Office of the Federal Bureau of Investigation, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Philadelphia Office of the FBI, under the direction of Special Agent in Charge Edward J. Hanko.             

Sentencing is scheduled for May 6, 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 David Jackson, 41, of Canisteo, N.Y., who was convicted of conspiracy to import alpha-PVP, a synthetic narcotic, was sentenced to 27 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S Attorney Mary Catherine Baumgarten, who handled the case, stated that between September 2013, and January 16, 2014, the defendant, along with co-defendants Erin Dwyer and Richard Dwyer, conspired to import the synthetic narcotics from China using the Internet. The packages were then delivered to Richard Dwyer via the United States Postal Service.

Richard Dwyer was sentenced to 33 months in prison. Erin Dwyer has been convicted and will be sentenced on January 29, 2015.  

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.