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 Tonin Ndoja, 50, a citizen of Canada, pleaded guilty to making a false statement to a U.S. Customs and Border Protection Officer involving his attempt to smuggle aliens into the United States before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S Attorney Scott S. Allen, Jr., who is handling the case, stated that on November 12, 2014, Ndoja attempted to enter the United States from Canada at the Peace Bridge. The defendant, a Free and Secure Trade (FAST) card holder and member of the trusted traveler program, was driving a tractor trailer carrying rolled steel. During a secondary inspection, officers with Customs and Border Protection discovered defendants Bardok and Kleda Tusha, both citizens of Albania, hidden inside the cab of the tractor trailer under a blanket.

“This shows the continuing need for vigilance in protecting our nation's borders,” said U.S. Attorney Hochul. “As this case demonstrates, law enforcement is well prepared to protect our country-even where the defendant is anything but trustworthy.”

Defendants Bardok and Kleda Tusha pleaded guilty to a misdemeanor charge of illegal entry and were sentenced to time served.   

The case is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Randy Howe.

Sentencing is scheduled for March 30, 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 Latisha Siplin, 32, of Buffalo, NY, pleaded guilty before U.S. District Court Chief Judge William M. Skretny to violating terms of her supervised release. The charge carries a maximum sentence of three years in prison.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Siplin was previously convicted of bank fraud and sentenced to eight months in prison. Following her release, the defendant violated conditions of supervised release by testing positive for drugs.

The investigation is the culmination of an investigation on the part of officers of United States Probation Service, under the direction of Chief Anthony SanGiacomo.

Sentencing is scheduled for December 30, 2014, 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 Nichole Dean, 27, of Buffalo, NY, who was convicted of bank fraud, was sentenced to time served and two years supervised release by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay $7,612.73 in restitution.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant was part of a conspiracy to defraud local area banks by participating in a scheme sometimes referred to as “Check Kiting.” Dean would open bank accounts and deposit large checks to the accounts. The deposited checks were written on accounts that had insufficient funds or on accounts that had been closed. Before the banks could determine that the checks were not supported by any funds, the defendant withdrew smaller amounts from the accounts. Although Dean made away with $7,612.73, the amount of the intended loss was more than $36,000.

Co-conspirators Carlique Deberry, Sade Heath and Sayonara Heath have all been convicted of similar charges.

The sentencing is the culmination of an investigation by the United States Secret Service, under the direction of Acting Special Agent in Charge Michael Adelizzio.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Kalah O. Bishop, 25, of Buffalo, NY, was arrested and charged by criminal complaint with fraud in connection with the use of access devices. The charge carries a maximum penalty of 15 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendant participated in a scheme involving the filing of fraudulent Federal income tax returns via the internet with the Internal Revenue Service. According to the complaint, approximately 49 fraudulent returns were filed for the tax year 2013 with requested refunds totaling more than $200,000. 

The complaint further states that the IRS issued refunds to prepaid debit cards in the names of numerous individuals. Bishop subsequently used the cards to make cash withdrawals at local automated teller machines.

Bishop made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released.

The criminal complaint is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.

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

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that John J. Myers, 41, of Buffalo, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, was sentenced to 60 months in prison by Chief U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on November 15, 2012, law enforcement officers executed a search warrant at the defendant’s residence in the City of Buffalo. During the search, officers recovered 241 grams of crack cocaine.

The plea was 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 Office.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Charles Palmer, Sr., 51, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life. 

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between November 2010 and June 2011, the defendant conspired with others to distribute cocaine in the City of Buffalo. On May 20, 2011, June 2, 2011 and June 7, 2011, Palmer sold cocaine to a confidential source working with the Federal Bureau of Investigation.

Charles Palmer, Jr. has been convicted of possession with intent to distribute, and to distribute, marijuana and will be sentenced in April 2015.

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

Sentencing is scheduled for April 22, 2015 at 10:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a three-count indictment charging Anthony Thompson, a/k/a Fresh Tone, 34, of Buffalo, NY, with sex trafficking by force, fraud, or coercion and sex trafficking of a minor. The charges carry a maximum penalty of life in prison, and a fine of $250,000.

Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that according to the indictment, Thompson is accused of the sex trafficking of two adults and one minor, between November 2012 and September 2014. The indictment further states that the defendant used force, fraud, or coercion to cause the victims to engage in commercial sex acts and would receive financial benefit from the commercial sex acts in which the victims engaged.

The defendant was arraigned on December 19, 2014. Thompson pleaded not guilty before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on December 29 at 10:30 a.m.

The Indictment 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 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 Joseph Karl Muller, 54, of Webster, NY, who was convicted of bank fraud and aggravated identity theft, was sentenced to 54 months in prison and ordered to pay restitution of $127,287 by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Muller was an accountant in Webster who provided services to clients, including preparing tax returns.  From April 2012 to August 2013, the defendant used personal identifying information that he stole from a client to prepare 46 fraudulent checks drawn on the client’s bank accounts. Muller then deposited the fraudulent checks into an account that he controlled, reaping a total of $127,287.

This plea is the culmination of an investigation by Special Agents of the Secret Service, under the direction of Acting Special Agent in Charge Michael Adelizzio.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Mary Brainard, 62, of Seneca Falls, NY, who was convicted of devising a wire fraud scheme, was sentenced to 46 months in prison U.S. District Judge Frank P. Geraci and ordered to pay restitution totaling $277,456.90.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Brainard and her husband, Calvin Brainard, a former attorney, owned and operated BMC Capital, a mortgage brokerage business in Seneca Falls, NY. Through BMC Capital, the couple brokered mortgages for various clients, including private mortgages purportedly made with monies provided to Mary Brainard by various individual investors.

Over the course of a decade or more, Mary Brainard swindled over a dozen investors and clients of BMC Capital out of approximately $762,000 using a variety of schemes. The defendant sought to cover her behavior through lies and deception, including by forging bank records and property records. In the final phase of her fraud, Mary Brainard stole loan proceeds that were supposed to be used to pay off refinancing clients’ mortgage loans. On multiple occasions, Mary Brainard accessed Calvin Brainard's attorney trust account that contained the refinancing money and diverted it to a different account that she controlled. The defendant then used the stolen refinancing money for her own purposes, including paying for personal expenses as well as repaying earlier victims of her frauds.

The sentencing is the culmination of an investigation by Special Agents and Forensic Accountants of the Federal Bureau of Investigation.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Joseph Clayton, 34, of Niagara Falls, NY, who was convicted of transferring a firearm to a prior felon, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that from August 2010 through September, 2010, Clayton purchased three semi-automatic rifles and accessories. Documents obtained by law enforcement officers during the investigation demonstrate that the defendant acted as a straw purchaser and made false statements that he was buying the firearms for himself, when in fact he was purchasing the firearms for Daniel Hale, a known prior felon. Hale, as a prior felon, would have been unable to purchase the firearms himself. Clayton also admitted that co-defendant Eric Kaczor used a Dremel tool to obliterate the serial numbers on two of the rifles so the firearm purchases could not be traced back to the defendant.

Eric Kaczor was sentenced to 33 months in prison.

The sentencing is the culmination of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that John Nielsen, 42, of Las Vegas, Nevada, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to wire fraud. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that the defendant was involved in an investment loan scheme which resulted in $175,000 dollars in financial losses to an investment company, Preston Waters Corp., located in the Western District of New York.  Nielsen represented to the company that he could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives that he could monetize the stand by letter of credit which would provide the investment company with $100 million dollars in loans. As part of the scheme, Nielsen required the investment company to provide him with $175,000 which would purportedly cover the costs associated with the financial transaction. The investment company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirator, used the funds for their own purposes.

The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation.

Sentencing is scheduled for March 19, 2015 at 1:00 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Carlos McKenzie, a/k/a Charles Williams, a/k/a General, 36, of Jamaica, was convicted by a federal jury of conspiracy to possess with intent to distribute and to distribute 500 grams or more of methamphetamine. McKenzie faces a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $5,000,000 or both.

Assistant U.S. Attorneys Robert A. Marangola and Everardo A. Rodriguez, who are handling the case, stated that McKenzie and others obtained ecstasy tablets smuggled from Canada, which were then sold by multiple distributors in Rochester and other locations.

McKenzie was charged in 2009 along with 28 other defendants. The defendant was not arrested until 2013, when he was taken into custody in Phoenix, Arizona under an assumed name. All other defendants have been convicted and sentenced. The investigation resulted in the seizure of approximately $230,000 in U.S. currency from drug proceeds, 290 pounds of marijuana, 3,000 ecstasy tablets, 11 firearms and two automobiles.

The conviction was supported by the Department of Justice Organized Crime Drug Enforcement Task Force (OCDETF) program. It is the culmination of a federal wiretap investigation led by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the New York State Police, under the direction of Major Scott Crosier.  The investigation was part of the then-recently created Border Enforcement Security Task Force (BEST), which is comprised of local, state, and federal law enforcement organizations from Canada and the United States. Other assisting agencies the U.S. Drug Enforcement Administration, under the direction of Special Agent in Charge James J. hunt, New York Field Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, U.S. Customs and Border Protection, under the direction of Director of Field Operations Randy Howe, the Rochester Police Department, Chief Michael Ciminelli, and the Canadian BEST task force members which include the Ontario Provincial Police, Toronto Police Services, Canada Border Services Agency, Niagara Regional Police Services, and the Royal Canadian Mounted Police.

Sentencing will be scheduled at a later date.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that William Miller, 53, of Rochester, NY, who was convicted of online enticement of a minor, was sentenced to 168 months in prison and 10 years supervised release by U.S. District Court Judge David G. Larimer.

“This case illustrates the threats facing our children by people known to the family,” said U.S. Attorney Hochul.  “At the same time, it demonstrates the ability of law enforcement to detect crime and then solve it. We will continue to use all of the tools available to us in order to help protect children from violent predators such as this defendant.”

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in August of 2012, Rochester Police responded to the defendant’s Electric Avenue Apartment after Miller claimed to be the victim of a crime. Inside the apartment, officers saw cases of untaxed cigarettes stacked all over, which led them to obtain a search warrant. During their search, officers found a digital camera which contained sexually explicit photos and videos of a young girl which appeared to be taken in Miller’s apartment. At that point, Police contacted the FBI Child Exploitation Task Force for investigative assistance.

Federal agents joined the investigation and identified the child depicted in the sexually explicit videos as a 12 year old girl known to the defendant. Interviews with the child and her mother determined that Miller used threats and bribes to get the child to allow him to produce this material. Federal investigators also determined that Miller used his cellphone to arrange for meetings with the child at which he would produce sexually explicit videos and photos.

At sentencing, Judge Larimer called the defendant a danger to the community. The Judge also referenced the fact that Miller had 80 prior criminal convictions over the past several decades, saying that the defendant should have learned something during all that time. The Court noted that Miller was on probation in Rochester City Court at the time he committed the federal child exploitation crimes for which he was convicted.

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

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Josue Joel Castaneda-Cuyuch, 31, a citizen of Guatemala, has been indicted and charged with being found in the United States after having been previously deported.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that the defendant is an alien previously been deported and removed from the United States in August 2010. According to the indictment, on September 11, 2014, Castaneda-Cuyuch was found in the United States without having obtained the consent of the Attorney General of the United States.

The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy. Castaneda-Cuyuch pleaded not guilty and is due back in court on June 2, 2015.

The indictment is the culmination of an investigation by the United States Border Patrol, under the direction of under the direction of Patrol Agent in Charge Tom Pocorobba.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ann Marie Laurini, 48, of Fairport, N.Y., who was convicted of making false statements to Special Agents of the Internal Revenue Service, was sentenced to one year probation by U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Laurini repeatedly lied to IRS agents in connection with an investigation of Kenneth Griffin and others into financial fraud and money-laundering crimes. The defendant was employed by Griffin from March 2006 to May 2008, and engaged in acts that furthered the financial fraud. Laurini was interviewed by federal agents on several occasions concerning her knowledge and involvement in the fraud and during those interviews she falsely stated that she had not engaged in various acts of deception in furtherance of the fraud. The investigation ultimately resulted in charges against Kenneth Griffin, Brian Campbell, and two others, all of whom have been convicted.

The sentencing is the culmination of an investigation by the Internal Revenue Service Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Christian Dean Reid, 39, a citizen of Canada, pleaded guilty before U.S. District Court Judge Richard J. Arcara to making false statements. The charge carries a maximum sentence of five years in prison, a $250,000 fine, or both.

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

The plea is the culmination of an investigation on the part of the United States Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations.

Sentencing is scheduled for March 18, 2014, 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 Christian Dean Reid, 39, a citizen of Canada, pleaded guilty before U.S. District Court Judge Richard J. Arcara to making false statements. The charge carries a maximum sentence of five years in prison, a $250,000 fine, or both.

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

The plea is the culmination of an investigation on the part of the United States Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations.

Sentencing is scheduled for March 18, 2014, at 1:00 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Leroy J. Smith, 37, of Rochester, NY, pleaded guilty plea to possession of a firearm as a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime before U.S. District Judge Frank P. Geraci. The charges carry a mandatory minimum sentence of five years in prison and a maximum of life.

Assistant U.S. Attorney Robert Marangola, who is handling the case, stated that between January and June 2012, the defendant possessed a 20 gauge shotgun while he was also in possession of quantities of marijuana for distribution. Smith came to the attention of law enforcement in 2013 during a law enforcement initiative in the vicinity of Linnert Street in Rochester. At that time, the defendant was in possession of a Colt .38 caliber double action revolver.

The plea was the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of James S. Higgins, Special Agent in Charge, New York Field Office.                             

Sentencing is scheduled for March 19, 2015 at 3:00 p.m. before Judge Geraci.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ciera Leann Bennett, 23, of Lawrenceville, Pennsylvania, pleaded guilty before U.S. District Judge Frank P. Geraci to possession and sale of a stolen firearm and transportation of a stolen firearm over state lines. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that Bennett was arrested after an investigation by the Pennsylvania State Police into the theft of a .38 caliber revolver from the owner in Tioga, Pennsylvania. On April 26, 2012, the defendant and co-defendant, Danelle Wilson, transported the stolen .38 caliber revolver from Tioga, Pennsylvania, to Elmira, NY, and sold it.

On December 31, 2012, the firearm was recovered in Ithaca, NY. Ballistic tests on the firearm concluded that the firearm had been used in an officer-related shooting in October of 2012, in which an Ithaca police officer was seriously injured. Bennett admitted that she took the gun from her mother without permission, sold it and used the money from the sale to buy drugs.    

The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation and the Pennsylvania State Police.

Sentencing is scheduled for March 19, 2015, at 3:30 PM before Judge Geraci.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Lawrence F. Brose, 63, of Buffalo, NY, who was convicted of importation or transportation of obscene matters, was sentenced to two years probation to include computer monitoring.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the investigation against the defendant began after a German police agency contacted United States Immigration and Customs Enforcement and advised them that an IP address in the United States downloaded some images of suspected child pornography.  ICE Special Agents determined that the IP address was registered to Brose.  Agents met with the defendant and during the meeting, Brose admitted to viewing images. An examination of the defendant’s computer resulted in agents finding various images, including one of a minor male less than 16 years of age engaging in sexually explicit conduct.

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

The plea was the culmination of an investigation on the part of Special Agents of United States Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of 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 Jennifer Paonessa, 33, of Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., to obstruction of the mails. The charge carries a maximum penalty of six months in prison, a fine of $5,000, or both.

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

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

Sentencing is scheduled for March 17, 2015, at 10:00 a.m. before Judge Schroeder.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Eric C. Cusimano, 33, of Lakeway, Texas, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to conspiracy to commit securities fraud and tax evasion. Each charge carries a maximum sentence of five years in prison and a fine of $250,000.

                “Because of the relentless quest of some to steal your money, it is imperative that those planning to invest their hard earned resources be equally diligent when considering their investment strategy,” said U.S. Attorney Hochul. “For our part, this Office will continue to aggressively pursue individuals who perpetrate financial frauds, whether such criminals are located in this country or abroad.”

                Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between September 2009 and January 9, 2012, the defendant and others participated in a stock fraud scheme that utilized several websites registered through an internet domain registrar and web hosting company. The scheme was designed to fraudulently inflate the prices of publically traded stocks of companies, generally stocks of companies with low stock prices (“penny stocks”). Investors were deceived into believing that prices at which they bought and sold the stocks were determined by supply and demand, not rigged by manipulators. Such a scheme is frequently referred to as “pump-and-dump.”

One of the websites involved in this scheme was www.bestdamnpennystocks.com. The website was used to tout approximately 52 penny stocks. During the course of the scheme, Cusimano and others were compensated by third-parties to tout certain penny stocks. In total, the defendant was compensated $1,218,783 during the course of the scheme which involved at least 250 victims.

                Furthermore, during the tax years 2008 to 2011, Cusimano owned and operated Premire Consulting, Inc., which was utilized to promote penny stocks. During these years, Premire received from the defendant’s penny stock promotion business, unreported gross receipts totaling $7,921,706, and corrected taxable income totaling $1,218,783. As a result of the unreported income, the total tax due and owing is $657,005.

As part of his plea, the defendant forfeited $1,218,783.00 in United States currency as well as two pieces of property in the Southern Tier, a 26’ Pontoon boat, several valuable pieces of jewelry and approximately $340,000 from accounts he held in Panama and Belize. The money from the bank accounts was seized by the United States Attorneys Office earlier this year utilizing a repatriation order. It marked the first time that this much money has been repatriated back to the Western District of New York.

                The plea is the culmination of an investigation on the part of the United States Secret Service, under the direction Acting Special Agent in Charge Michael Adelizzio, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office Charge, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero. Assistance was also provided by the Financial Industry Regulatory Authority.

                Sentencing is scheduled for March 26, 2015 at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Dominique Taylor, 29, of Buffalo, NY, who was convicted of conspiracy to defraud the Internal Revenue Service, was sentenced to time served and six months of electronic monitoring by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $54,316.

      Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant conspired with others and submitted false claims for fraudulent income tax refunds. Taylor had others obtain legitimate W-2 forms from actual employers and then altered the forms to create new W-2s by changing income and withholding information so as to maximize the refund to be obtained. The defendant kept a portion of the fraudulent refund received.

      Co-defendant Keianna Jones was also convicted and is awaiting sentencing.

     The conviction is the result of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division under the direction of Acting Agent-In-Charge Shantelle Kitchen.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Tarrek Williams, 27, of Buffalo, NY, who was convicted of bank fraud, was sentenced to time served by U.S. District Court Chief Judge William M. Skretny.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 21, 2011 and July 28, 2013, the defendant, was involved in a scheme to defraud First Niagara Bank. As part of the scheme, Williams deposited false and fraudulent checks so others involved in the scheme could withdraw proceeds from that check before the bank realized that there were insufficient funds to cover that check. The total loss to First Niagara for these checks is $14,185.06.                                                                              

The sentencing is the culmination of an investigation on the part of Special Agents of the Postal Inspection Service, under the direction of Shelly Binkowski, the Inspector in Charge of the Boston Division.                                            

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Hector Ortiz, 49, of Altamonte Springs, Florida, who was convicted of committing wire fraud as part of an international commodity deal, was sentenced to 41 months in by U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution in the amount of $852,500.

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that between August 2011 and November 2011, the defendant devised a scheme to defraud Sweeteners Plus, Inc. in Lakeville, NY. Specifically, Ortiz attempted to obtain $7,862,500 from Sweeteners Plus by making multiple false and fraudulent representations in relation to a contract to deliver 12,500 metric tons of refined sugar. The sugar was never delivered, and Ortiz took $852,500 as a commission.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and Postal Inspectors with the United States Postal Inspection Service, under the direction of Inspector In Charge Shelley 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 Travis Birdsong, 35, of Buffalo, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, was sentenced to 60 months by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on June 5, 2013, Special Agents with the Drug Enforcement Administration searched a vehicle that the defendant was in and seized a quantity of crack cocaine. Also on June 5, law enforcement officers searched the defendant’s residence and seized a quantity of cocaine and scales and packaging materials. In addition, a confidential informant purchased cocaine from Birdsong on two separate occasions.             

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

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul announced today that Ronald McClendon, Jr., 27, of Buffalo, NY, pleaded guilty to bank robbery before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine, or both.

According to Assistant U.S. Attorney Mary Catherine Baumgarten, on July 5, 2013, McClendon drove Adlyn Marie Echevarria Robles to the M&T Bank at 1580 Hertel Avenue in Buffalo. Robles entered the bank, passed the teller a demand note for money, and threatened that she had a bomb. The teller handed over money to Robles who exited the bank and was driven from the scene by McClendon.

On July 24, 2013, the defendant drove Robles to the M&T Bank at 709 Elmwood Avenue in Buffalo. Again, Robles entered the bank, passed the teller a demand note for money, and threatened that she had a bomb. The teller handed over money to Robles, who exited the bank and was driven from the scene by McClendon.

Robles was convicted of bank robbery and sentenced to 24 months in prison.

The plea is the culmination of an investigation by the Federal bureau of Investigation Safe Streets Task Force.

Ronald McClendon, Jr. is scheduled to be sentenced on April 29, 2014 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 Olivia Leigh Suriani, 30, a citizen of Canada, pleaded guilty to illegal re-entry into the United States after deportation before Chief U.S. District Judge William M. Skretny. The defendant was then sentenced to time served by Judge Skretny.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on October 2, 2014, Suriani was arrested near Beaver Island State Park after having gained access to the United States by kayak near Buffalo, NY. When questioned by a Border Patrol agent, the defendant admitted to entering the United States illegally on the kayak.  She had been previously removed from the United States on January 13, 2014 and returned to Canada after she attempted to enter the U.S. while onboard a cruise ship. 

The plea and sentencing are the culmination of an investigation on the part of United States Border Patrol, under the direction of Patrol Agent in Charge Chris Buskey.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Fannie Long, 53, of Buffalo, NY, pleaded guilty to conspiracy to distribute fentanyl before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between January 2009 and September 26, 2013, the defendant conspired with co-defendant Sherylrica Quisenberry to distribute controlled substances. Long obtained fentanyl prescriptions from medical professionals which were then filled and sold by the defendant. In addition, Long obtained fraudulent prescriptions which were not written by medical professionals. The prescriptions were made out in the names of individuals engaged by the defendant. These individuals would fill the fraudulent prescriptions and then turn the controlled substances over to Long for further distribution. The controlled substances included Lortab, Xanax and Soma.

  Similar charges are pending against Sherylrica Quisenberry. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

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

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Charles Palmer, Jr. 31, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and to distribute, marijuana before Chief U. S. District Judge William M. Skretny. The charge carries a maximum penalty of five years in prison.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between January 2011 and June 2011, the defendant conspired with his father, co-defendant Charles Palmer, Sr., to possess and distribute marijuana. The investigation utilized a court authorized wiretap which included multiple phone calls regarding the distribution of marijuana between Charles Palmer, Jr. and Charles Palmer, Sr.

The defendant was arrested on June 17, 2011. Law enforcement officers seized from his person quantities of marijuana and cocaine.     

Charges against Charles Palmer, Sr. are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for April 8, 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 a federal grand jury has returned a 13 count superseding indictment charging Sreekrishna M. Cheruvu, M.D., 58, of East Amherst, NY, with health care fraud and submitting false statements relating to health care matters. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that according to the indictment, the defendant treated patients for opioid addiction at his office in Williamsville, NY. Between January 2009 and May 2014, Cheruvu submitted false and fraudulent claims to private insurance companies seeking reimbursement for services allegedly provided. Claims submitted by the defendant included reimbursement for individual counseling sessions when patients were actually seen in a group therapy setting, and reimbursement for services Cheruvu allegedly provided while he was, in fact, out of the country. The defendant is also accused of seeking payments for office visits of family members of patients who in reality where not his patients.

According to the superseding indictment, the defendant submitted false and fraudulent claims for payment to HealthNow, Independent Health and Univera totaling approximately $800,000.

The superseding indictment is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation.

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 Chad Dolaway, 24, of Pine City, NY, who was convicted of receipt of child pornography, was sentenced to 60 months in prison and 15 years supervised release by U.S. District Judge Frank P. Geraci, Jr.

     Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that the defendant came to the attention of law enforcement in 2011 when undercover agents from both the Federal Bureau of Investigation and Homeland Security Investigations downloaded child pornography from Dolaway through a peer to peer file sharing network. The defendant received child pornography and maintaining the images on a computer that he owned. Some of the images portrayed prepubescent children and children engaged in violent conduct.

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

     The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Chemung County Sheriff’s Office, under the direction of Sheriff Christopher Moss.

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

BUFFALO, N.Y. – The United States Attorney’s Office announced today that Latonya Young, 44, an employee of the Erie County Clerk’s Office who was assigned to work at the New York State Department of Motor Vehicles (NYS DMV), pleaded guilty plea to mail fraud before Chief U.S. District Court Judge William M. Skretny. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that Young worked as a motor vehicle representative at the NYS DMV and was authorized to conduct transactions. The defendant had access to a NYS DMV database and computer system that contained driver’s licenses, and motor vehicle registration and title records.

Between June 13, 2012, and August 30, 2012, Young unlawfully processed fraudulent duplicate title applications for a person working with the government in return for cash payments totaling $725. In processing the fraudulent documents, the defendant unlawfully forged the name of the person listed on the duplicate title applications.

Young also admitted that in 2010, she assisted another in amending a New York State license to create a fake identification. The fake identification was created to enable an individual under the legal drinking age to obtain alcohol.

The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, NYS Department of Motor Vehicles, under the direction of Commissioner Barbara Fiala, Buffalo Police Department, under the direction of Commissioner Daniel Derenda, NYS Department of Taxation and Finance, Criminal Investigations Division, under the direction of Commissioner Thomas Mattox, NYS Department of Financial Services, under the direction of Superintendent Benjamin Lawsky, Criminal Investigations Division, and the NYS Inspector General’s Office, under the direction of Inspector General Catherine Leahy Scott.

Young is scheduled to be sentenced on April 8, 2015 at 10:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony R. Kidd, 54, of Wellsville, N.Y., who was convicted of conspiracy to manufacture, possess with intent to distribute and distribute, 50 grams or more of methamphetamine, was sentenced to 60 months in prison and ordered to pay $3,143 in restitution to the New York State Department of Environmental Conservation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on January 26, 2012 law enforcement officers executed a search warrant at an apartment building on South Main St. in Wellsville. Officers discovered items used to manufacture methamphetamine as well as a quantity of finished methamphetamine. A subsequent search warrant executed at Kidd's apartment on Madison Avenue in Wellsville led to the discovery of an active methamphetamine laboratory. The court’s restitution amount was to repay the state for costs associated with the environmental clean-up of these laboratory sites.

The defendant was arrested along with April Patterson, Jason Patterson, John Faber and Justin McPherson. April Patterson was sentenced to 30 months in prison; Jason Patterson 151 months; John Faber 40 months; and Justin McPherson 24 months.

Today’s sentencing is the result of an investigation on the part of the New York State Police, under the direction of Major Michael Cerretto, the Wellsville Police Department, under the direction of Chief Timothy O’Grady, and the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division. Special assistance was provided by Allegany County District Attorney Keith Slep.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Aysha Humayun of Rochester, NY, pleaded guilty to conspiring to commit a fraud upon Intuit, Inc. through the use of the United States mail, and making false statements on tax returns before U.S. District Judge Frank P. Geraci. The mail fraud conspiracy charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both, and the tax charge carries a maximum penalty of three years in prison, a fine if $250,000, or both.

Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that between November 10, 2009, and June 10, 2011, Humayun, a/k/a Aysha Hussain, contacted Intuit, Inc., including by telephone, to place orders for free replacement software discs. The defendant falsely claimed that the software that had been previously purchased had been lost, stolen or damaged. As a result of the requests, Intuit, Inc. mailed free software discs to Humayun, and others, at addresses in Rochester and Gaithersburg, Maryland. After obtaining the free discs, the defendant advertised the software for sale eBay. Customers purchased the software and submitted payment electronically to the defendant via PayPal, a service facilitating online financial transactions.

Aysha Humayun was arrested along with her husband Humayun Farid. Charges are still pending against Farid. 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.

On October 15, 2012, Humayun filed a federal income tax return for 2011 which falsely reported $42,159 in profit or loss from a business. However, in truth and in fact, and as the defendant knew, Humayun’s total income was greater than that reported on the return.

The plea is the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office, the Federal Bureau of Investigation, and the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.

Sentencing is scheduled for March 6, 2015, at 9:30 a.m. before Judge Geraci.

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

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Terry Finn, 51, of Buffalo, NY, who was convicted of violating a condition of his supervised release, was sentenced to nine months in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on August 27, 2008, the defendant was sentenced by Judge Arcara to 52 months in prison and five years supervised release persuasion of a minor to travel in interstate commerce to engage in sexual activity. Finn met a 16 year old online and persuaded her to travel from Vermont to Brocton, NY to meet him and engage in sexual activity. As a condition of supervised release, the defendant was ordered to enroll, attend and participate in mental health intervention specifically designed for the treatment of sexual offenders as approved by U.S. Probation.

The defendant began serving the term of supervised release on February 7, 2012.  In March of 2014, Finn was referred to Mid-Erie Counseling for sex offender treatment.  On September 4, 2014, the defendant was terminated from Mid-Erie’s program for failing to inform the treatment team or his probation officer that he was engaged in a romantic relationship with a woman who had a five year old child. Specifically, Finn failed to disclose this information during a session on September 3, 2014, when he attended a group therapy session at Mid-Erie.

The sentencing is the culmination of an investigation on the part of United States Probation Service, under the direction of Chief US Probation Officer Anthony M. San Giacomo.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Wallace D. Peace, 39, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute more than 280 grams of crack cocaine, was sentenced to 262 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Mary Clare Kane and George C. Burgasser, who handled the case, stated that between January 2008 and July 29, 2008, the defendant was intercepted over New York State wiretaps, on numerous occasions, discussing cocaine-related transactions. These included conversations between Peace and co-defendant Patrick Perry during which they attempted to arrange to purchase cocaine from multiple sources of supply. Other conversations between the defendant and his customers involved the purchase and sale of crack cocaine. 

On July 29, 2008, law enforcement officers executed a search warrant at Peace’s residence and seized digital scales, cell phones, packaging material, 129 grams of crack cocaine, small quantities of cocaine and marijuana, $1,157 in United States currency, and two firearms.

Peace was arrested along with 30 other defendants in July 2008. All 31 defendants now stand convicted.

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Region; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of James S. Higgins, Acting Special Agent in Charge; 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 a federal jury in Buffalo has convicted Steven A. Knighton, 48, of conspiracy to possess with intent to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum of 10 years in prison, a maximum of life and a $10,000,000 fine.  

     Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the prosecution of the case, stated that on March 13, 2009, the defendant was stopped by police in the parking lot of a local mall. New York State police had earlier stopped an individual in possession of seven kilograms of cocaine who then cooperated with the police and made phone contact with the defendant who was to pay for and receive two of the kilograms of cocaine. Inside the Knighton’s vehicle, officers located $41,000 in United States currency. It was determined that the money, which was shrink wrapped and found in the center console of the vehicle, was intended for the purchase of two kilograms of cocaine. Knighton was responsible for distributing more than 100 kilograms of cocaine in the Buffalo and Niagara Falls area between January 2008 and March 2009.    

     The verdict is the culmination of an investigation on the part of the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Drug Enforcement Administration, under the direction of Special Agent in Charge James S. Higgins, New York Field Division, the Cheektowaga Police Department, under the direction of Chief David Zack, the Amherst Police Department, under the direction of Chief John Askey, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

     Sentencing is scheduled for March 22, 2015, at 2:00 p.m. before Chief U.S. District Judge William M. Skretny, who presided over the trial of the case.

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

                ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Kevin Feliciano, a/k/a “Nash,” 20, who was convicted of conspiracy to distribute more than 280 grams of crack cocaine and possession of a firearm in furtherance of drug trafficking activities, was sentenced to 195 months in prison by U.S. District Judge Frank P. Geraci.

        “As we’ve said in the past, this Office will not tolerate any group or gang attempting to hold residents hostage to their criminal activities,” said U.S. Attorney Hochul. “As this case demonstrates, punishment for federal crime is both certain and substantial once a conviction is obtained.”

        Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that Feliciano was part of a violent, street level drug trafficking organization that referred to themselves as “M.D.B.” or “The Broezel Boys.” From 2010 until June 2013, members and associates of M.D.B. controlled the open air drug market in a multi block area near the intersection of Dewey and Lexington Avenues, including all of Broezel Street, the north end of Maryland Street, portions of Driving Park and portions of Lakeview Park, in Rochester. M.D.B. members and associates also maintained and operated several drug houses at locations in Rochester including the duplex residence at 325/327 Lexington Avenue, the upstairs apartment at 171 Maryland Street, the upstairs apartment at 316 Lakeview Park and 672 West Main Street, each for the purpose of possessing, manufacturing, distributing, and using controlled substances.

       In his plea before the court, Felciano also admitted that he possessed firearms in furtherance of his drug trafficking activities and that he used violence and threats of violence against unaffiliated persons who attempted to sell illegal controlled substances within their territory and against certain witnesses who were viewed as hostile to the interests of M.D.B.

        Feliciano was arrested in June 2013 along with two other defendants.  

        The sentencing is the culmination of an investigation on the part of the Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Office, the Rochester Police Department, under the direction of Acting Chief Michael Ciminelli, the Federal Bureau of Investigation, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Special Agent in Charge, New York Field Division.

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

                BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned two separate indictments charging a total of 20 defendants with engaging in narcotics trafficking in the Gates Housing Project, a housing facility owned and operated by the Lackawanna Municipal Housing Authority.

                “Residents of a public housing neighborhood in Lackawanna deserve the same sense of security as residents of a private housing neighborhood in others parts of our community,” said U.S. Attorney Hochul. “As these defendants will soon learn, by attempting to turn a public housing project into their personal drug trafficking headquarters, they will face increased sentences if convicted.”    

               “Today’s arrests will have a resounding impact on the Gates housing community residents who already face daily struggles,” said Holly L. Hubert, Assistant Special Agent in Charge of the FBI’s Buffalo Office. “Our Safe Streets Task Force has joined with the Lackawanna Police Department to remove the ‘Project Boys’ gang that perpetrated acts of violence and conducted narcotics trafficking in the resident housing where vulnerable families live. After 10 months of dogged investigation, the citizens of Lackawanna are safer in their community.”

              “The City of Lackawanna is a much safer place today because of the cooperative efforts of our officers and our law enforcement partners,” said Lackawanna Police Chief James Michel. “Most of these residents are fine upstanding people looking to live and raise their families in a safe environment. With today’s arrests, this should greatly curtail the distribution of drugs and the violence within this community.”

                Charged in the two indictments are:

•             Jeffrey Graham, 29, of Buffalo, NY

•             Rueben Fears, 31, of Lackawanna, NY

•             Craig Eldridge, 25, of Lackawanna, NY

•             Terry Williams, 32, of Cheektowaga, NY

•             Sharon Thompson, 22, of Lackawanna, NY

•             Laron Thompson, 28, of Buffalo, NY

•             James Sullivan, 26, of Buffalo, NY

•             Charisma Royster, 24, of Buffalo, NY

•             Shavon Royal, 20, of Lackawanna, NY

•             Reginald Royal, Jr., 22, of Lackawanna, NY

•             Charles Rose, 35, of Lackawanna, NY

•             Derrick Patterson, 39, of Lackawanna, NY

•             Waldemar Pabon, 27, of Buffalo, NY

•             Theodore Hines, 29, of Lackawanna, NY

•             Laferald Hines, 25, of Tonawanda, NY

•             Tarrell Hendrix, 31, of Lackawanna NY

•             Thomas Hakeem, 68, of Lackawanna, NY

•             Edward Green, 28, of Lackawanna, NY

•             Jeanette Knightner, 32, of Buffalo

•             Reginald Royal, Sr., 43, of Kenmore, NY

     Charges include conspiracy, possession with intent to distribute and distribution of crack cocaine within 1,000 feet of public housing property, and possession with intent to distribute and distribution of crack cocaine. The various charges have penalties that include a mandatory minimum of 10 years in prison and a maximum of life.

     According to Assistant U.S. Attorney Edward H. White, who is handling the case, during the course of the drug trafficking operation, the defendants are alleged to have conducted open air drug sales in and around the public housing project including hand to hand transactions. This was done in close proximity to playgrounds and recreational areas where children living in the housing project would play.

     The Government is also seeking the forfeiture of any property derived from the proceeds of narcotics trafficking.

     The indictments are the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel and the Federal Bureau of Investigation’s Safe Street’s Task Force, which includes the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge James S. Higgins, New York Field Division, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero. U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, the New York State Police, under the direction of Major Michael Cerretto, the Cheektowaga Police Department, under the direction of Chief David Zack, the Erie County Sheriff’s Department, under the direction of Timothy Howard, the Hamburg Police Department, under the direction of Chief Michael Williams, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the New York State Department of Correctional Services, under the direction of Acting Commissioner Anthony J. Annucci. Additional assistance was provided by the U.S. Marshall Service, under the direction of Charles Salina and the Tonawanda Police Department, under the direction of Chief Anthony Palombo. 

   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 Rico J. Vendetti, 44, of Rochester, NY, pleaded guilty to Racketeering Influenced Corrupt Organization (RICO) Conspiracy, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

“Similar to the storyline of a well known Charles Dickens novel, this defendant operated a sophisticated theft ring which utilized a gang of thieves to steal from numerous stores in Western New York,” said U.S. Attorney Hochul. “Unlike the fictional version, however, Vendetti relied upon adults to commit innumerable instances of shoplifting, and then turned to the internet to dispose of the merchandise. The defendant’s operation also led to the death of an elderly man who owned a comic book collection targeted for theft by Vendetti. As this prosecution demonstrates, the Office will use the full extent of federal law to bring all organized crime rings to justice.”     

Assistant U.S. Attorneys Anthony M. Bruce Scott S. Allen, who are handling the case, stated that beginning in 2004 or 2005, the defendant began dealing with a number of shoplifters or “boosters” who stole hundreds of thousands of dollars in merchandise from stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops and Wegmans. The merchandise was sold to Vendetti for 25¢ on the dollar. The defendant then sold the merchandise on eBay for about half of its retail value, primarily to out-of-state customers.

Prior to July 5, 2010, the defendant learned of 78 year old Homer Marciniak’s comic book collection, with an estimated value of $30,000, and began to plan and carry out a home invasion robbery. On July 5, 2010, Albert Parsons, Donald Griffin, and a third individual entered Marciniak’s Medina home. During the robbery, Marciniak=s valuable collection of collectible comic books was stolen and Marciniak was beaten. Several hours after being treated for bruises and lacerations suffered during the robbery and released from the hospital, Marciniak was readmitted to the hospital where he died of a heart attack.

Charges are pending against defendants Parsons, Griffin and Arlene Combs. 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. 

Terry Stewart was convicted of engaging in a racketeering conspiracy in connection with the case and is awaiting sentencing. Brandon Meade was convicted of conspiring to transport and transfer stolen property with an aggregate value of $5000 in interstate commerce and is also awaiting sentencing.

The plea is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, Troopers from the Troop A Major Crimes Unit of the New York State Police Bureau of Criminal Investigation in Batavia, under the direction of Captain George Brown, Detectives from the Orleans County Sheriff’s Office under the direction of Sheriff Scott Hess, Detectives from the  Monroe County Sheriff’s Office under the direction of Sheriff Patrick O’Flynn, Officers from the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli.

U.S. Attorney Hochul also praised the work of Orleans County District Attorney Joseph Cardone who brought this case to the attention of the U.S. Attorney’s Office.

Sentencing is scheduled for March 6, 2014 at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Joseph Ruff, 32, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr., to conducting an illegal gambling business, conspiracy to collect an extension of credit by extortion, and conspiracy to commit money laundering. The charges carry a maximum possible penalty of 20 years in prison, a fine of $500,000 or both, with the sentence expected to be 41 months in prison.

Under the terms of the plea agreement, Ruff will also forfeit over $100,000 consisting of approximately $20,489 in funds on deposit in certain bank accounts; the real property at 360 Edgemere Drive in Rochester, $30,000 in lieu of a second piece of real property and any interest in approximately $60,886 seized as part of the case.

Assistant U.S. Attorney Robert A. Marangola, who is handling the prosecution of the case, stated that Joseph Ruff admitted conducting an illegal gambling business with his brother Mark Ruff, 40, of Connecticut and Paul Borrelli, 66, of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites. It’s estimated the illegal gambling business involved $76,000,000 in total gross wagers.

Joseph Ruff also admitted his role in an extortion scheme. In one instance, he induced a bettor to make repayment on the extension of credit by telling the bettor that a third person had threatened to physically harm him (the defendant) if the bettor did not make repayment on the extension of credit. Thereafter, the bettor endorsed and delivered to Joseph Ruff a check for $230,000, the money referenced above, as a repayment of the extension of credit for the bettor’s past gambling debt from sports wagers the bettor had placed with the him in connection with the illegal internet gambling business

Joseph Ruff also pleaded guilty to conspiring with Mark Ruff and others to launder $230,000 in illegal gambling proceeds. The defendant delivered and deposited cash and check payments from bettors into his personal bank accounts and/or business accounts of co-conspirators. Joseph Ruff also made cash withdrawals from these bank accounts and wrote checks to third party payees from these and other bank accounts.

On June 24, 2014, defendants Joseph Ruff, Mark Ruff, and Borrelli were indicted by a federal grand jury in Rochester on illegal gambling charges. The indictment also charged Borrelli with 12 counts of money laundering. Mark Ruff pleaded guilty to money laundering and gambling charges and agreed to a nine year sentence and forfeiture of $230,000. The case against Paul Borrelli remains pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

Sentencing is scheduled for March 30, 2015 at 3:00 p.m. before Judge Geraci.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mark Saile, 57, of Rochester, NY, was arrested and charged by criminal complaint with mail and wire fraud, and identity theft, in connection with a scheme in which the defendant allegedly defrauded his brother of almost $1,000,000. The mail and fraud charges carry a maximum sentence of 20 years in prison, and a fine of $250,000, and the identity theft charge carries a mandatory minimum sentence of two years in prison.

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

Between July 26, 2012 and June 20, 2014, Mark Saile contacted Fidelity numerous times pretending to be his brother. During those contacts, the defendant was able to trick Fidelity into transferring approximately $960,000 from Robert Saile’s 401(k) retirement account to a bank account his name. Robert Saile was unaware that his brother was stealing money from his retirement account. The defendant also changed the email and mailing addresses on file at Fidelity so that all correspondence from Fidelity would be sent to him.

Mark Saile made and initial appearance today before U.S. Magistrate Judge Marian W. Payson. The defendant is due back in court on February 2, 2015 at 9:00 a.m.

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

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 Salvatore J. Marcera, Jr., 54, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to obtaining a controlled substance by misrepresentation. The charge carries a maximum penalty of four years in prison, a fine of $250,000, or both. The defendant will also pay restitution in the amount of $1,965.71 to Excellus BlueCross BlueShield.

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

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

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

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 Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.

Sentencing is scheduled for March 2, 2015, at 9:30 a.m. before Judge Geraci.

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

                BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Terry Stewart, 35, of Stillwater, NY, pleaded guilty to engaging in a racketeering conspiracy before U.S. District Judge Richard J Arcara. The charge carries a maximum penalty of 20 years in prison. 

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

                Rico Vendetti, along with Arlene Combs, Albert Parsons, and Donald Griffin, all of Rochester, N.Y., are charged with felony murder in the death of 78-year old Homer Marciniak during the course of a home invasion robbery at Marciniak’s home in Medina, N.Y. in July, 2010. In addition, Vendetti and Combs are charged with racketeering, which includes the murder, witness tampering and transporting stolen goods in interstate commerce. If convicted of the felony murder charge, Vendetti, Combs, Parsons and Griffin face a mandatory sentence of life in prison without parole.

Vendetti is scheduled to be tried in front of Judge Aracara beginning next week. Charges are pending against defendants Combs, Parsons, and Griffin. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

                Sentencing is scheduled for March 16, 2015 before Judge Arcara.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Keith Lewis, 37, of Rochester, NY, who was convicted of possession with intent to distribute and to distribute 280 grams or more of cocaine, was sentenced to 20 years in prison and 10 years supervised release by U.S. District Judge David G. Larimer. The defendant was also ordered to forfeit $2,051 in proceeds from his drug trafficking activities.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Lewis was involved in the trafficking of cocaine in the Rochester area from at least May of 2011 to May of 2013, with the assistance of others, including Mahogany Lewis. The defendant purchased and transported cocaine from suppliers in Rochester and Buffalo, NY, and processed cocaine into cocaine base. Lewis was also responsible for the direct distribution of cocaine base to others in Rochester.

On May 14, 2013, officers conducted a traffic stop of a minivan being driven by co-consprirator Mahogany Lewis. Keith Lewis was the front seat passenger. Their two children were also in the van. After all were removed from the van, Mahogany Lewis asked if she could take a grocery bag that contained the children’s snacks with her.  Upon inspection of the bag, officers observed a quantity of cocaine. The bag was placed back in the minivan which was taken to the Public Safety Building to be searched after a search warrant was secured. The Lewis’ were taken there as well to be interviewed.

During the execution of a search warrant, officers collected a knotted plastic grocery bag, an electronic room key for a room at the Extended Stay America Hotel, where the couple had been staying, and a cellular telephone. The plastic grocery bag contained approximately 143 grams of crack cocaine, 10 grams of heroin, two plastic bags containing rubber-banded packets of 20 green baggies of heroin, one plastic bag containing 11 bundles of glassine baggies of heroin, two shredder/grinders, empty zip-lock and glassine baggies and a digital scale. Keith Lewis had $2,051 on his person. Three cellular were located and seized as well from the couple. As part of the investigation, a confidential source advised officers that the source regularly purchased crack cocaine from Keith and Mahogany Lewis over the previous 24 months from the Lewis’ residence at 610 Lake Avenue and from a drug house at 208 Conkey Avenue, Rochester. Keith Lewis has two prior felony drug convictions and is on lifetime probation.

Mahogany Lewis was convicted and sentenced to time served and two years supervised release.

The conviction 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 officers from the Greater Rochester Area Narcotics Enforcement Team, composed of law enforcement personnel in Monroe County, under the direction of Rochester Police Department Chief Michael Ciminelli.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Lopez-Polo, 26, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to 25 years supervised release by U.S. District Court Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant possessed more than 600 images of child pornography on digital media he owned, including a computer and removable media. The images included prepubescent children, as well as depictions of violence against children. As part of his sentence, Lopez-Polo also forfeited all computer equipment seized by the FBI during the investigation.

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

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force.

 

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Christopher Marcinkowski, 28, of Dunkirk, N.Y., who was convicted of possession with intent to distribute cocaine and possession of a firearm in furtherance of drug trafficking, was sentenced to 78 months in jail, by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on February 9, 2012, Dunkirk Police and New York State Parole executed a search warrant at 531 Columbus Avenue, Dunkirk, NY, the residence of the Marcinkowski and Jessica Mann. Just prior to the execution of the warrant, officers observed the defendant toss a sawed-off shotgun from a second story window. Officers later found a marijuana grow operation in the residence, as well as  quantity of cocaine and drug packaging materials.

Jessica Mann was convicted of maintaining a drug-involved premises and was sentenced to time served and three years supervised release.

The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, and the New York State Division of Parole, under the direction of Acting Commissioner Anthony J. Annucci, and the Dunkirk Police Department, under the direction of Chief David C. Ortolano.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Norman Perry, 51, of Rochester, N.Y., who was convicted of making a false claim to the United States and aggravated identity theft, was sentenced to 90 months in prison and ordered to pay restitution to the Internal Revenue Service in the amount of $135,743 by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the defendant posted advertisements in Rochester claiming that he could find lost or unclaimed funds. Individuals then provided Perry with their name, address and social security number and agreed to pay the defendant a fee, generally in the amount of $300, for each $1,000 check they received.   In reality, Perry used the information to prepare and file false and fraudulent tax returns with the Internal Revenue Service, claiming that the individuals had qualified educational expenditures and were entitled to receive the American Opportunity Credit, a refundable tax credit for educational expenses. None of the individuals were students, none had incurred any educational expenditures and none provided such information to Perry.

In addition, the defendant filed a false tax return with the IRS in another individual’s name, and had the check sent to an address in Rochester. The check was subsequently cashed.

The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service – Criminal Investigations, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Anthony Cerame, 65, of Fairport, N.Y., who was convicted of obstructing the administration of the tax laws, was sentenced to five years probation and ordered to pay restitution to the Internal Revenue Service in the amount of $270,335. by U.S. District Judge David G. Larimer.

Assistant United States Attorney John J. Field, who handled the case, stated that Cerame engaged in a decades-long campaign to avoid paying approximately $270,000 federal income taxes, and sought to impede Special Agents of the Internal Revenue Service from performing their duties. Among other acts, the defendant used trusts and aliases to hold assets, concealed income, claimed improper deductions, instructed witnesses to withhold information from the government, and destroyed evidence. After Cerame learned of the government’s criminal investigation, he paid $200,000 of his unpaid tax obligation.

The sentencing is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Acting Special Agent in Charge, New York Field Office.