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 John Cirulli, of Buffalo, N.Y., who was convicted of two counts of deprivation of rights under color of law, was sentenced to 12 months probation by Chief U.S. District Judge William M. Skretny.

                “The law provides police officers with a substantial amount of power, including the right to deprive a person of his liberty when that person breaks the law,” said U.S. Attorney Hochul. “The law is also clear, however, that an officer may not punch and kick a suspect when he is handcuffed, or is seated in the back of a police car, and the suspect poses no danger to anyone. By engaging in that precise conduct in this case, former Officer Cirulli crossed the line from being a police officer to a criminal defendant.”

                Assistant U.S. Attorneys Trini E. Ross and Jack Rogowski, who handled the case, stated that on April 19, 2014, the defendant was employed as a police officer with the Buffalo Police Department. Between 9:30 and 10:30 p.m. on April 19, 2014, the defendant and his partner pulled their unmarked police car up to a vehicle being driven by the victim and told him that he was speeding. The victim got out of his car, fled, and a foot chased ensued.

                After catching up to the victim, the defendant and another officer took the victim to the ground. At one point while the victim was on the ground, Cirulli placed his knee on the victim’s upper back area.

                Once the victim was handcuffed by officers and under control, the defendant struck the suspect in the head with his hand, struck the suspect in his body with his boot, and struck the suspect again in the head area with his hand. The suspect was then placed in the back seat of a Buffalo Police vehicle, where the defendant struck the suspect yet again in the face.

                A person in the neighborhood happened to record on his cellular telephone some of the contact between the suspect and the police, including the portion of the contact where the defendant struck the victim while he was already secured and in handcuffs.  After the defendant was told about the recording by another officer, Cirulli approached the witness and took what he thought was the witness’s cellular telephone. In fact, the telephone the witness gave to the defendant actually belonged to a friend. After determining that the cellular telephone did not have any recording of the assault incident on it, the defendant returned the telephone to the witness. 

                U.S. Attorney Hochul further stated “This office will not hesitate to act when civil rights allegations are brought to our attention. The public should also understand, however, that the actions of Cirulli do not in any way reflect upon the fine men and women of the Buffalo Police Department or of any other police agency, who day in and out work within the Constitution and law to protect and serve all of us.” 

                The sentencing is the culmination of an investigation on the part of Special Agents of Federal Bureau of Investigation, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that the Western District of New York Office recovered in Fiscal Year 2014, $20,456,183.00 as a result of wide-ranging efforts in criminal, civil and asset forfeiture cases. Of that, a record amount, $14,541,000.00, was returned to victims of crime. This money was also used as aid to law enforcement agencies, and in largest part, provided to taxpayers as a result of being transmitted to the United States Treasury.

In making the announcement, U.S. Attorney Hochul praised the hard work and dedication of Office attorneys and support staff that sought not only to put convicted defendants in jail, but took the profit out of crime in a more literal sense. “In addition to removing criminals from the streets of our community, another key mission of our Office is to return the profits of crime to those who have been victimized,” said U.S. Attorney Hochul. “As a result of the efforts of prosecutors in both our criminal and civil divisions, over $14,500,000 has been returned to victims of crime.” 

As for how the recoveries came about, the Office collected $20,456,183.00 in criminal and civil actions. Criminal actions include fines and restitution totaling $5,581,041.00. The Office also collected $3,273,141 in civil actions, which include proceedings involving health care fraud, government fraud, foreclosures and more.            

In addition, the Office collected $11,602,748.00 in criminal and civil forfeitures.  Forfeitures generally involve proceeds of crime, as well as property used to commit crime. Of that amount, $2,286,615 was shared with state and local law enforcement partners who work with the U.S. Attorney’s Office.

Over the last five years, the amount of money recovered by the WDNY Office exceeds $234,000,000. This is a result of the Office recovering in Fiscal Year 2010, $31,800,000, in 2011, $29,300,000, in 2012, $53,600,000, and in 2013, $94,220,047.00

The WDNY also forfeited 115 dangerous firearms, along with ammunition, and 33 computers used in child exploitation and fraud crimes in Fiscal Year 2014.

In addition to the $20,456,183.00 collected locally, the WDNY worked with five other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $120,382,112.00.

The following cases are examples of successful forfeiture and affirmative civil enforcement concluded this past year in the Western District of New York:

United States v. Mangione:

Vincent Mangione was convicted of tax evasion and bank fraud. The defendant was ordered to pay restitution to his victims in the amount of $840,196.00 and agreed to turn over $125,000 in cash and real property which consisted of a four-unit apartment building and a vacant piece of land. The real property was recently sold and netted an additional $284,248.27 for victims. This brought the total amount of restitution collected on behalf of victims to $409,248.27.

OPERATION HOUND DOG: 

Defendant Ronald Walker was convicted of conspiracy to distribute and possess with intent to distribute, five kilograms or more of cocaine and one kilogram or more of heroin, and conspiracy to commit money laundering. Walker forfeited $2,500,000 in drug proceeds, including approximately $1,500,000 in U.S. currency, two real properties, various items of jewelry and a motor vehicle.

TONAWANDA COKE: 

The Tonawanda Coke Corporation, which was convicted of 11 counts of violating the Clean Air Act and three counts of violating the Resource Conservation and Recovery Act by a federal jury in March 2013, was sentenced to pay a $12,500,000 fine. The Corporation was also ordered to pay $12,200,000 to fund two environmental studies to help determine the extent of health and environmental impacts Tonawanda Coke has had in the community.

AMEDIYSIS:

Between 2008 and 2010, certain Amedisys offices were accused of improperly billing Medicare for ineligible patients and services. Amedisys allegedly billed Medicare for nursing and therapy services that were medically unnecessary or provided to patients who were not homebound, and otherwise misrepresented patients conditions to increase its Medicare payments. These billing violations were the alleged result of management pressure on nurses and therapists to provide care based on the financial benefits to Amedisys, rather than the needs of patients.  An investigation was conducted by the Justice Department’s Commercial Litigation Branch of the Civil Division; multiple United States Attorney’s Offices, including WDNY; the Department of Health and Human Services’ Office of Inspector General; the Federal Bureau of Investigation; the Office of Personnel Management’s Office of Inspector General; the Defense Criminal Investigative Service of the Department of Defense; and the Railroad Retirement Board’s Office of Inspector General. As a result of these combined efforts, Amedisys paid a $116,000,000 settlement.

For further information, the United States Attorneys’ Annual Statistical Reports can be found on the internet at:

http://www.justice.gov/usao/resources/annual-statistical-reports

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 Avery and Spiwe Barnes pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine before U.S. District Judge William M. Skretny. The charge carries a minimum penalty of 10 years in prison, a maximum of life and a 10,000,000 fine. Avery also pleaded guilty to conspiracy to commit money laundering and Barnes pleaded guilty to being a felon in possession of a firearm. In addition, co-defendant Linda Johnson pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, cocaine. That charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.  

Assistant U.S. Attorneys Timothy C. Lynch and Joel L. Violanti, who are handling the case, stated that beginning in early 2010 and continuing through June 14 2011, the defendants distributed between five and 15 kilograms of cocaine in the Buffalo area.  Avery and Barnes initially obtain cocaine from a source in Ohio. This source utilized Linda Johnson to transport the cocaine to Avery in Buffalo. Later on, Avery and Barnes obtained cocaine from Tyree Bishop, who was obtaining the cocaine in Detroit, Michigan. On the date of their arrest, law enforcement officers seized a loaded 9mm handgun as well as $5,000 in cash from Barnes’s residence.

Tyree Bishop was also convicted and sentenced to 96 months in prison.

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

Sentencing is scheduled for March 16, 2015, 2:00 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 a federal grand jury has handed down an indictment charging Andre L. Jenkins, 36, of Florida, with being a felon in possession of a firearm. The charge carries a maximum sentence of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that Jenkins, aka Bear or Little Bear, was previously convicted of felony charges in 1998 and 2010 in the state of South Dakota. According to the indictment, the defendant possessed a Glock 9mm semi-automatic pistol between September 4 and September 6, 2014. The indictment also contains a forfeiture allegation involving the firearm and a magazine containing 13 rounds of ammunition.  

The indictment is the culmination of an investigation on the part of the North Tonawanda Police Department, under the direction of Chief William Hall, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco,

Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Office, and the Niagara County District Attorney’s Office, under the direction of Michael Violante. 

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 Marc Korn, 58, of Amherst, NY, was arrested and charged by criminal complaint with bankruptcy fraud. The charge carries a maximum sentence of five years and a fine of $250,000.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, Korn made false statements under oath during a recent bankruptcy proceeding. In addition, the defendant is accused of failing to disclose assets transferred to another person in order to conceal those assets from the bankruptcy.

Korn made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions. The defendant is due back in court on December 2, 2014.

Korn is currently under federal indictment on charges of wire fraud, bank fraud, and failure to pay over employment taxes, as well as making false statements to law enforcement which carry a maximum penalty of 30 years in prison, a fine of $1,000,000 or both. A trial on those charges is scheduled to begin on May 20, 2015. As a result of today’s complaint, a motion has filed to revoke the defendant’s bail on the previous charges.   

Today’s arrest is the culmination 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
                               

                        BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Fernando DeAzevedo Melo, 46, a citizen of Portugal, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to attempting to re-enter the United States following a subsequent felony conviction. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.

                        Assistant U.S. Attorney Marie P. Grisanti, who is handling 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.             

                        Sentencing is scheduled for March 6, 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 Johnnie Jones, 32, of Rochester, NY, pleaded guilty to online enticement of a minor before U.S. District Court Judge Charles J. Siragusa. The charge carries a mandatory minimum of 10 years and a maximum penalty of life in prison, a fine of up to $250,000, or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Jones, a Level III Sex Offender, met and communicated with a minor by mobile telephone using several texting applications. The defendant repeatedly sent the child sexually explicit messages over a period of several weeks and attempted to entice the child into having sex with him. Jones’s enticement efforts ultimately led to an in person meeting with the child during which the defendant statutorily raped the child.

The defendant, until his arrest, lived directly across the street from the George Mather Forbes Elementary School. Jones would have sex with the minor child inside his home. During the course of the investigation, law enforcement also learned that the defendant made threats to kill the child and family members if the child did not delete incriminating phone messages and images or if the minor reported his actions.

The case was initially investigated by Officers and Investigators from the Rochester Police Department who in turn, contacted the FBI Child Exploitation Task Force for assistance. FBI Agents and Task Force Officers arrested Jones without incident in September and he remains in federal custody pending sentencing.

The plea 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.

Sentencing is scheduled for February 24, 2015 at 11:00 a.m. before Judge Siragusa.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Richard E. Riedman, 41, of Webster, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, methamphetamine, was sentenced to 37 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant’s prosecution stemmed from a joint federal, state and local investigation, which revealed that Riedman was responsible for obtaining quantities of methamphetamine from drug suppliers, including fellow Rochester Hell’s Angels member James H. McAuley, Jr. The defendant then distributed the drugs to others in the Western District of New York between 2004 and 2010.

This case was part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Along with Riedman, Monterey (California) Hell's Angels President Richard W. Mar, Rochester Hell's Angels members James H. McAuley, Jr., of Oakfield, NY, and Jeffrey A. Tyler, of Rochester, and Donna Boon, of Oakfield, and Gordon L. Montgomery, of Batavia, NY, were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. One other defendant, Paul Griffin, of Blasdell, NY, was convicted of conspiracy to distribute, and to possess with intent to distribute, 50 grams or more of methamphetamine.

McAuley, along with Rochester Hell's Angels member Robert W. Moran, Jr., a/k/a Bugsy, and Gina Tata, both of Rochester, are charged in the same indictment with assault with a dangerous weapon in aid of racketeering activity, Moran and Tata are charged with conspiracy to commit assault with a dangerous weapon in aid of racketeering activity, and Tata and Timothy M. Stone, of Gates, NY, are charged with being accessories after the fact to the assault and conspiracy.

Riedman was previously convicted following a jury trial, in an unrelated case, of conspiracy to commit burglary of a railcar and theft of interstate shipment. Those charges related to the defendant’s involvement, along with four others, in stealing more than 64 gross tons of a high-grade scrap steel from a railcar at a CSXT rail yard in Batavia, New York in June 2009. Judge Siragusa sentenced Riedman to 37 months in prison in that case in January 2014.

Today’s sentencing was the culmination of an investigation on the part of the Federal Bureau of Investigation, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in  Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Superintendent Joseph D'Amico, the City of Batavia Police Department, under the direction of Chief Shawn Heubusch, and the Village of LeRoy Police Department, under the direction of Chief Christopher K. Hayward.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Hector Rivera, 44, of Buffalo, NY, who was convicted of conspiracy to distribute cocaine and heroin, was sentenced to 78 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Mary Clare Kane, who handled the case, stated that between August of 2008 and June 5, 2009, the defendant conspired with others to possess and sell heroin and cocaine in the City of Buffalo. During the investigation, law enforcement officers utilized a number of confidential sources and made a number of undercover purchases of cocaine and heroin prior to obtaining authority to intercept the telephone calls of Rivera. Intercepted conversations revealed that defendant secured kilogram quantities of cocaine from a source of supply based in San Juan, Puerto Rico. In addition, investigators learned that that Rivera also conducted heroin transactions   When he was arrested in May of 2008, officerss seized 58 bundles of heroin and approximately $4,831 in U.S. currency.

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 and the New York State Police, under the direction of Major Michael Cerretto.

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 Stanin, 21, of Rochester, NY, who was convicted of the robbery of the three Tops Marketplace stores, was sentenced to 51 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay restitution in the amount of $7,656.

Assistant U.S. Attorney Douglas E. Gregory, who handled the prosecution of the case, stated that on January 4, 2014, the defendant robbed the Tops Marketplace store at 3507 Mt. Read Boulevard in Greece, N.Y. In that case, store clerks introduced marked bills and a GPS tracker into the monies turned over to Stanin. The GPS tracker allowed law enforcement to quickly locate the defendant who was found hiding in the backseat of a parked vehicle. Inside the vehicle, police located a large sum of cash, the GPS tracker as well as the clothes that Stanin wore during the robbery.

In the aftermath of his arrest, investigators determined that Stanin was also responsible for two additional robberies. The first occurred on October 3, 2013 at the Tops Marketplace store at 2345 Buffalo Road in Rochester and a second robbery on October 4, 2013, at the Tops Marketplace store at 128 West Main Street in Leroy, N.Y. 

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn, the Avon Police Department, under the direction of Chief Gary Benedict, Jr., the Greece Police Department, under the direction of Chief Patrick Phelan, the Genesee County Sheriff’s Department, under the direction of Sheriff Gary Maha and the New York State Police, under the direction of Major Scott Crosier.

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

ROCHESTER, N.Y. C U.S. Attorney William J. Hochul, Jr., announced today that Christopher Ludwig, 31, of Rochester, NY, who was convicted of resisting and impeding officers, was sentenced to three years probation by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that on April 26, 2012, the defendant called the Monroe County Board of Elections and made a threatening remark concerning President Barack Obama. On May 3, 2012, when Special Agents with the United States Secret Service went to Ludwig’s residence, he forcibly resisted and impeded efforts to place him under arrest.

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

CONTACT: Barbara Burns
PHONE: (716) 843-5877
FAX: (716) 551-3051

     ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal jury in Rochester has convicted Carl Spencer, 63, a Jamaican national, of illegal re-entry and aggravated identity theft. The convictions came after a three day jury trial.

The immigration charge carries a sentence of up to two years in prison. The aggravated identity theft charge carries a mandatory two year sentence which must be served consecutively to any sentence imposed for the immigration charge.

     Assistant U.S. Attorney John J. Field, who handled the prosecution of the case, stated that Spencer was previously departed and removed in 2006. 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.

     Sentencing is scheduled for January 20, 2015, at 11:00 a.m. before U.S. District Judge David G. Larimer, 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 Gordon Link, 78, of Greece, NY, who was convicted of attempted possession of child pornography, was sentenced to 24 months in prison and 10 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 in October 2013, a Rochester mother texted a photograph of her 10 year old daughter to a friend via her cellular phone. The photograph depicted the young child, fully clothed, seated at a table with a doll at her birthday party. However, the woman mistakenly sent the child’s photograph to the wrong cell phone number, the number belonging to the defendant.

Link immediately sent several sexually suggestive texts back to the woman about the child’s image. The woman became concerned and contacted the police, who in turn, contacted the FBI Child Exploitation Task Force for assistance. A task force officer assigned to the unit assumed the child’s identity online, claiming to be 15 years old, and engaged in chats with the defendant. During several sessions, the defendant solicited the girl to send him sexually explicit photographs of her body. Link also engaged in sexually explicit chats with the girl and tried to meet her in person. Federal agents executed a search warrant at the defendant’s home and seized the cell phone Link used to communicate with the child.

At sentencing, Judge Wolford said that the defendant knew exactly what he was doing when he engaged in sexually explicit chats with the child. In concluding her remarks, Judge Wolford told the defendant “you are in fact a predator.” Link was immediately detained following sentencing and was remanded to the Custody of the United States Marshal’s Service.

The sentencing is the culmination of an investigation on the part of Officers of the Greece Police Department, under the direction of Chief Patrick Phelan; 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) 843-5877
FAX: (716) 551-3051

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that, Juan Morales, 25, of Brockport, NY, who was convicted of possessing a firearm as a felon, was sentenced to 100 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that on February 6, 2014, Morales and co-defendant Jacob Disanto were stopped for speeding on Holley Street in Brockport by College at Brockport University Police Officers. Officers found “dime” size bags of marijuana, a scale and a loaded .22 caliber revolver. Disanto was convicted and sentenced to 61 months in prison.

The sentencing is the culmination of an investigation on the part of the College at Brockport University Police, under the direction of Chief Robert Kehoe, and 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.

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

ROCHESTER, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that James Webb, a/k/a Butch, 57, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine, was sentenced to 151 months in prison by U.S. District Judge Charles J. Siragusa. The defendant was also ordered to forfeit $9,172 in drug trafficking proceeds, a firearm and ammunition.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Webb led a Rochester-based drug organization which distributed large quantities of powder cocaine in Rochester. The organization processed powder cocaine into crack cocaine, packaged and resold it in various quantities. On June 14, 2011, the defendant and others were arrested when law enforcement raided the epicenter of the drug operation at 392 and 401 Norton Street in Rochester. Webb was located inside 392 Norton Street with crack cocaine and drug paraphernalia in plain view. During the raids, officers seized over 40 grams of crack cocaine packaged for sale, a loaded 9mm handgun, $9,172 in U.S. currency, and paraphernalia for processing, packaging, and distributing cocaine.

The sentencing is the culmination of an investigation on the part of Rochester Police Department, under the direction of Chief Michael L. Ciminelli, and 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 Division, and the New York State Division of Parole, under the direction of Acting Commissioner Anthony J. Annucci.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Zackary S. Dressner, 38, of Rochester, NY, who was convicted of possession of obscene visual depictions of minors engaging in sexually explicit conduct, 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 on November 18, 2011, members of the Federal Bureau of Investigation Computer Crimes Task Force went to the residence of the defendant and seized a desk top computer and four external hard drives. A subsequent forensic analysis found two videos and some still images depicting child pornography. At the time of seizures, Dressner was serving as pastor of the Southeast Bible Baptist Church and the Southeast Christian Academy in Penfield, NY.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Computer Crimes Task Force.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that William Schliebener, 52, formerly of Sanford, NC, who was convicted of transporting a minor in interstate commerce for the purpose of illegal sexual activity and production of child pornography, was sentenced to 300 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant came to the attention of law enforcement in October 2010 when a young Canandaigua girl was reported missing. Members of the Canandaigua Police Department and the Lee County, North Carolina Sheriff’s Department found the child with the defendant in North Carolina. Schiebener transported the child from Canandaigua to North Carolina with the intent to engage in illegal sexual activity. Following the discovery of the child, a search warrant was executed at the defendant’s residence in North Carolina, and officers seized computers and digital media. Forensic analysis of the media revealed images of the defendant engaged in sexual activity with three children.

“This case demonstrates why it is so critical to identify and prosecute child predators to the fullest extent in law,” said U.S. Attorney Hochul.  “The original arrest was for the attempted abuse of a single child, coupled with the defendant’s intention to digitally record and memorialize the attack. Investigation thereafter revealed the rape of three different children, each of which was also digitally recorded. Fortunately, this sentence means that this serial rapist will likely never again be in a position to harm children.”

The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation and Investigators of the Canandaigua Police Department, under the direction of Chief Jonathan P. Welch.

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 Disanto, of Brockport, NY, who was convicted of participating in a conspiracy to distribute marijuana and possessing a firearm in furtherance of the marijuana distribution conspiracy, was sentenced to five years in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Jennifer Noto, who handled the case, stated that the defendant and co-defendant Juan Morales were stopped for speeding by a Brockport Police Officer in a vehicle being driven by Disanto. During the search of the two men and their vehicle, officers found “dime” size bags of marijuana, and a loaded .22 caliber revolver.

The sentencing is the culmination of an investigation on the part of the Brockport Police Department, under the direction of Chief Daniel Varrenti, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Christopher Wheeler, 47, of Victor, NY, who was convicted of willfully failing to file tax returns for 2007, 2008 and 2009, was sentenced by U.S. District Judge David G. Larimer to 10 months in prison, and ordered to pay a fine of $7,500. The defendant has paid restitution, penalties and interest to the Internal Revenue Service.

Assistant U.S. Attorney John J. Field, who handled the matter, stated that Wheeler had gross income of approximately $4.6 million in 2007, $5.6 million in 2008, and $1.6 million in 2009, but failed to file timely tax returns with the Internal Revenue Service to report this income.  After search warrants were executed at his residence by the IRS, the defendant filed income tax returns for 2007, 2008 and 2009, and paid all taxes due and owing.

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.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Raul Eduardo Rivera de la Torre, 25, of Tucson, Arizona, who was found guilty following a jury trial of conspiracy to possess with intent to distribute, and to distribute, marijuana, was sentenced to 27 months in prison by U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the conspiracy began in about March of 2007 and continued through April of 2010. During that time frame, the members of the conspiracy shipped hundreds of pounds of marijuana from Tucson, Arizona, to Cleveland, Ohio, Port Chester, New York, Philadelphia, Pennsylvania, and Rochester, New York. The organization acquired marijuana from a supplier from Mexico. Evidence presented by the Government at trial showed that de la Torre, who is from Mexico and went to high school in the U.S., was responsible for translating between the suppliers, who spoke Spanish, and the members of the conspiracy purchasing the marijuana and shipping it to the Northeast, who spoke English.   

One Government witness, who was involved in the conspiracy, detailed that he purchased marijuana from the Mexican supplier and was assisted by the translations of the defendant. The witness further testified that he utilized various companies to ship marijuana packaged in boxes to various locations in Rochester. He also detailed that he later utilized over-land trucking companies to deliver crates full of marijuana to various locations in the Northeastern U.S. Another witness for the Government testified that he was responsible for receiving the shipments of marijuana in Rochester and would then distribute the marijuana once it arrived.

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 Division.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jason Simmons, 32, of Tonawanda, NY, who was convicted of bank robbery, was sentenced to 80 months in prison by U.S. District Court Judge Frank P. Geraci, Jr .

Assistant U.S. Attorney Jennifer M. Noto, who handled the case, stated that on October 29, 2013, the defendant and another individual, A.B. Thompson, robbed the Citizens Bank branch at 2255 Hudson Avenue in Rochester, NY. During the robbery, Simmons waited in the “get away” car while Thompson entered the bank and demanded money from a teller. While in the bank, Thompson told the teller that he had a firearm, but did not want to use it. Thompson left the bank with an amount of money and Simmons drove the “get away” vehicle as the two fled the scene.

The New York State Police (NYSP) located the vehicle heading northbound on I-90 near Batavia, NY. When troopers tried to stop the vehicle, Simmons and Thompson led them on a high speed chase that ended near Pembroke, NY. The vehicle Simmons and Thompson were driving lost control, crashed into a guiderail and struck two NYSP vehicles.  The defendants were taken into custody and the stolen money was located inside the vehicle and in the pockets of the clothing worn by Simmons and Thompson.

Thompson has been convicted and is scheduled to be sentenced November 17, 2014.  Simmons was on New York State parole for a robbery-related conviction at the time of the bank robbery. Judge Geraci ordered that the defendant’s federal sentence run consecutively to the time Simmons currently serving on his parole violation.   

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo, and the New York State Police, under the direction of Superintendent Joseph A. D’Amico.

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. and Customs and Border Protection Director of Field Operations Randy Howe announced today that three individuals were arrested and charged in separate criminal complaints following a smuggling attempt at the Peace Bridge Port of Entry. Tonin Ndoja, 50, a citizen of Canada is charged with bringing in aliens in exchange for financial gain which is punishable by a maximum penalty of 10 years in prison and a $250,000 fine.

Bardok Tusha, 30, and his wife Kleda Tusha, 20, both citizens of Albania, were charged with illegal entry.

Assistant U.S Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaints, on November 12, 2014, defendant Ndoja attempted to enter the United States from Canada at the Peace Bridge. Ndoja, 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 hidden inside the cab of the tractor trailer under a blanket.

“It is the responsibility of our Office, along with our federal partners, to protect the flow of traffic across our international crossings,” said U.S. Attorney Hochul. “Whether it be illegal narcotics, commerce, or in this case human beings, we will vigorously prosecute this and any other attempts to subvert the law at our local borders.” 

"This was an outstanding job by our front line officers," said Randy Howe, Director of Field Operations for the CBP Buffalo Field Office. "Our officers possess keen observational skills and in this case, were able to determine that this driver and truck required further inspection. Human Smuggling is a serious violation of U.S. Law. We have a great working relationship with the United States Attorney's Office and we are glad they are our partner in combating Human Smuggling."

Tonin Ndoja made an initial appearance on November 13, 2014 before U.S. Magistrate Judge Jeremiah J. McCarthy. He is being detained and is due back in court on December 4, 2014. Bardok and Kleda Tusha also made an initial appearance at which time the couple pleaded guilty to the 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.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michele Sergeant, 31, of Queens, NY, who was convicted of possession of counterfeit bank notes, was sentenced to 18 months in prison by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to pay $44,700 in restitution.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that on September 22, 2013, New York State Troopers stopped a vehicle on Interstate 390 in the town of Wayland in Steuben County for going 102 mph in a 65 mph zone. Inside the vehicle, troopers found the defendant and her co-defendant, along with a small quantity of marijuana. Troopers located $8,700 in $100 bank notes inside the car along with a financial ledger book. Inside the ledger were columns which showed dollar amounts and abbreviations for retail locations. The New York State Police contacted the United States Secret Service for investigative assistance.

Secret Service Agents determined that 87 of the $100 bills recovered were actually sophisticated counterfeit bills, complete with water marks, color shifting ink, and embedded security strips. They further determined that the ledger notations were references to stores at which they passed counterfeit currency and included Home Depot, Lowes, Target, and Wal-Mart stores. As part of the investigation, Secret Service Agents reviewed store surveillance video from the dates and times of the transactions listed in the ledger. The defendant was identified on video at several area stores passing counterfeit $100 bank notes. Subsequent investigation determined that Sergeant had passed thousands of dollars’ worth of counterfeit $100 bank notes within the Western District of New York. At the time the defendant passed the counterfeit bills here, she was on release for similar conduct in the State of Massachusetts.

As part of the investigation, Secret Service Agents learned that Sergeant was identified passing counterfeit $100 bank notes in New York and several other states. The defendant and her co-defendant, who was also sentenced to federal prison back in July, passed counterfeit $100 bills throughout the Western District of New York, including Buffalo, Rochester, and all the way down to the Southern Tier. They were also identified passing counterfeit $100 bank notes in Ohio; Massachusetts; Michigan; and Arkansas. The total loss due to the defendant’s actions was over $65,000.

The sentencing is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Acting Special Agent in Charge, Michael Adelizzio, and Investigators and Troopers of the New York State Police, under the direction of Superintendent Joseph A. D'Amico.

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Richard Dwyer, 29, of Barker, NY, who was convicted of conspiracy to import alpha-PVP, a synthetic narcotic, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara.

According to Assistant U.S Attorney Mary Catherine Baumgarten, who handled the case, the defendant, along with his wife Erin Dwyer and David Jackson, conspired to import the synthetic narcotics from China using the Internet. The packages were then delivered to the defendant via the United States Postal Service.

Erin Dwyer and David Jackson have also been convicted and are awaiting sentencing. 

The plea 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,

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Leeann Corley, 29, of Dayton, Ohio, pleaded guilty to importing 32,767 pills containing methamphetamine, MDMA and BZP into the United States from Canada before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison, a fine of $10,000,000 or both.

Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, stated that on March 3, 2011, the defendant attempted to enter the United States from Canada at the Peace Bridge as a passenger on a Greyhound bus. During a secondary inspection of the bus and its passengers, Corley was sent for a pat-down search after several inconsistencies were found in her statements to Customs and Border Protection Officers. During the search, officers located 33 ziplock bags containing multi-colored pills concealed in a bodysuit that the defendant was wearing. 

A forensic analysis determined there were approximately 32,767 tablets containing methamphetamine, 3,4 methylene-dioxymethamphetamine, and benzylpiperazine, all controlled substances.

The plea 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 Customs and Border Protection, under the direction of Randy Howe, Director of Field Operations.

Sentencing is scheduled for February 25, 2015 at 1:00 p.m. before Judge Arcara.

ROCHESTER, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Miller, 26, of Rochester, NY, pleaded guilty to conspiracy to commit sex trafficking of a minor before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of life in prison and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in April 2013, Miller and another co-conspirator transported a minor to New Jersey and Pennsylvania in order for the minor to engage in commercial sex acts. The defendant used Backpage.com to post ads for the minor. Miller also transported the minor to Pennsylvania another time knowing that the minor would be engaging in commercial sex acts.

Miller was arrested in April 2014 along with Jodia Campbell and Laree Greggs. Charges are pending against defendants Campbell and Greggs. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

This 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 is the culmination of an investigation on the part of the FBI's Task Force, which includes the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County Sheriff’s Office, under the direction of Chief Patrick O’Flynn, and Special Agents of the Federal Bureau of Investigation.

Sentencing will be scheduled at a later date.

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul announced today that Antwan Castleberry, 32, of Buffalo, NY, who was convicted of possession with intent to distribute crack cocaine and possessing a firearm in furtherance of a drug trafficking crime, was sentenced to 101 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 5, 2013, a Buffalo Police Officer observed the defendant discard what was later determined to be Hi-Point .40 caliber pistol near the corner of Broadway and Woltz Avenues in Buffalo. A brief foot chase began and Castleberry was apprehended at a residence on Beck Street a short time later. At the time of his arrest, the defendant possessed both crack cocaine and marijuana pre-packaged for sale to drug customers.  The defendant was also wearing a ballistic vest at the time of his arrest.

The sentencing is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins.

Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Billie  Jo Ribble, 36, of Bath, NY, who was convicted of kidnapping a mother and her six-month old child and transporting them from Pennsylvania to New York, was sentenced to 20 years in prison by U.S. District Judge David G. Larimer.

“Today’s sentencing provides a fitting punishment for a defendant who jeopardized the lives of two kidnaping victims, including an infant,” said U.S. Attorney Hochul. “All law enforcement officers in two states who worked on this case are to be commended for bringing this to a rapid and successful conclusion.”

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant abducted of a mother and her six month-old child in Pennsylvania on March 1, 2013. At that time, Ribble was wanted by the Steuben County Sheriff's Office on charges of Burglary in the First Degree and Grand Larceny in the Third Degree, in relation to a residential burglary that occurred in October 2012. On March 1, 2013, investigators from the Steuben County Sheriff's Office and Pennsylvania State Police located and arrested Ribble in Mansfield, Pennsylvania. After being remanded to the Tioga County Jail in Pennsylvania, the defendant, who was pregnant, was taken to the hospital in Wellsboro, Pennsylvania, for treatment in the maternity ward. While there, Ribble became violent, assaulted a Tioga County Corrections Officer who was assigned to guard her, and escaped the hospital by jumping out a third-story window.

Later on March 1, 2013, a woman and her six month-old daughter were asleep in the basement bedroom of a residence in Wellsboro, Pennsylvania. At 11:30 p.m., the woman was awakened by Ribble, who was standing over her daughter's crib holding a large butcher's knife. The defendant picked up the child, while still holding the knife, and threatened to kill the woman, her child, and herself if the woman did not take Ribble where she wanted to go. Thereafter, the woman got into the driver's seat of her car and the defendant got into the front passenger seat, still holding the woman's daughter and the butcher's knife. At the direction of Ribble, the woman drove from Pennsylvania to an exit off Route 15 in Lindley, New York, where the defendant was dropped off. The woman then drove to a gas station in Pennsylvania and called the police.

After urgent investigation by the Steuben County Sheriff's Office and the New York State Police, Ribble was located at her boyfriend's residence in Corning, NY.  Ribble initially barricaded herself in the attic, but eventually surrendered to authorities without incident.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Steuben County Sheriff's Office, under the direction of Sheriff David Cole, the New York State Police, under the direction of Major Scott Crosier, the Pennsylvania State Police, under the direction of Commissioner Frank Noonan, and the Wellsboro (Pennsylvania) Police Department, under the direction of Chief Jim Bodine.

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Luis Alcalar Vasquez, a/k/a Noberto DeRivas, a/k/a Abraham Rivas-Rios, 43, of Texas and Mexico, pleaded guilty before U.S. District Court Judge Richard J. Arcara to possession of 15 or more unauthorized access devices. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.

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

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

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

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

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

Sentencing is scheduled for March 4, at 12:30 p.m. before Judge Arcara.

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Efrain Barreto, 35, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organization (RICO) Conspiracy, was sentenced to 97 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and 2010, Barreto was a member of the 10th Street Gang, a criminal enterprise engaged in racketeering activity. As a part of his involvement in the 10th Street Gang, the defendant, along with other members and associates of the gang, sold cocaine and other controlled substances on the West Side of Buffalo. Barreto supplied cocaine to younger members of the gang, and provided firearms to fellow 10th Street Gang members who used the firearms to commit shootings and to defend drug turf within the 10th Street Gang's territory. The defendant also conspired with other 10th Street Gang members to distribute over 15 kilograms of cocaine as a part of the affairs of the 10th Street Gang.  

Barreto is among 44 10th Street Gang members and associates convicted in this case.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Mark Allen Kelly, 54, of Rochester, NY, was arrested and charged by criminal complaint with producing false military ID cards and making false statements to federal agents. Each charge is punishable by 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 complaint, 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.

Kelly will make his initial appearance at 12:00 p.m. today before U.S. Magistrate Judge Jonathan Feldman.

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

BUFFALO, N.Y. B U.S. Attorney William J. Hochul, Jr. announced today that George Torres, 52, of Buffalo N.Y., pleaded guilty to unlawfully possessing with intent to distribute more than 200 grams of heroin and possessing a firearm in furtherance of drug trafficking before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, a $5,000,000 fine, or both.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on November 13, 2012, Buffalo Police and the FBI executed a search warrant at the defendant=s residence at 55 Garner Avenue in Buffalo. During the search, law enforcement officers seized over 200 grams of heroin, three handguns, and $368,000 in United States currency.

The criminal complaint is the culmination of an investigation by members of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, Special Agents of the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins.

Sentencing is scheduled for February 24, 2015 at 1:00 p.m. before Judge Arcara.

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 10th Street Gang member Miguel Moscoso, 23, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations (RICO), was sentenced to 30 years in prison by U.S. District Judge Richard J. Arcara. The defendant murdered Christian Portes, a member of the rival 7th Street Gang, on June 13, 2009 at the corner of Whitney Place and Maryland Street. 

“Today's sentence - like others issued in this case - demonstrates that those who engage in gang activity pay a heavy price upon conviction,” said U.S. Attorney Hochul.  “This Office will continue to relentlessly pursue such criminals until they no longer pose a threat to the residents of this community.”

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2008 and September 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, the defendant, along with other members and associates of the gang, committed violence, possessed firearms, and sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.

Moscoso is among 44 10th Street Gang members and associates convicted in this case.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Division.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that David Johnson, 42, of North Tonawanda, N.Y., who was convicted of aggravated identity theft, was sentenced to 12 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $28,512.78.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 2012 and March 2013, Johnson and co-defendant, Calvina Myles,  used the names and personal identification information of two individuals to apply for two Capital One credit cards in those names. The defendants, and a third co-conspirator, Avery Gill, purchased merchandise and gift cards from retail stores using the credit cards. Johnson also accompanied Gill who made ATM withdrawals using the credit card. As a result of this conduct, Capital One suffered a loss of $29,429.16.

Calvina Myles, who was convicted of bank fraud, was sentenced to 12 months in prison. Avery Gill was also convicted of bank fraud and sentenced to time served.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Michael Kemp, 37, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to possessing child pornography. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on October 15, 2013, Kemp’s U.S. probation officer found a computer and hard drive hidden between the defendant’s mattress and box spring in his bedroom. The computer contained over 50 images and eight videos of child pornography. The defendant was on supervised release following his July 2008 release from prison for a previous conviction of possession of child pornography. 

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 is the culmination of an investigation on the part of officers of the United States Probation Department, under the direction of Anthony SanGiacomo, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Regional Computer Forensic Laboratory.

Sentencing is scheduled for February 25, 2015 at 1:00 p.m. before Judge Arcara.  Kemp will be sentenced on November 24, 2014 at 12:00 p.m. for violating his supervised release.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Theodore Lehmann, 67, Buffalo, NY, who was convicted of a misdemeanor charge of negligent endangerment under the Clean Air Act, was sentenced to one year probation by U.S. District Court Judge Richard J. Arcara.

“Today’s sentencing brings to an end the government’s investigation into this community health hazard,” said U.S. Attorney Hochul. “But let this case also serve as a warning to any other companies or individuals who deliberately harm our community or environment. Our Office stands ready to protect the public through vigorous enforcement of federal law.”

Assistant U. S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was employed by JMD Environmental, Inc. (JMD) as an air sampling technician and a project monitor, and was certified by the New York State Department of Health to conduct asbestos project monitor and air sampling duties. From June 9, 2009 to January 11, 2010, co-defendants Johnson Contracting of WNY, Inc. (Johnson Contracting), Ernest Johnson, and Rai Johnson, conducted asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex in Buffalo. During the abatement process, co-defendant Rai Johnson created daily project logs to document the progress at Kensington Towers. The logs are documents required to be maintained under the Clean Air Act.

At the conclusion of the abatement for building B-2 by Johnson Contracting, Rai Johnson wrote in his daily project log that all material containing asbestos had been removed from the boiler room, when in truth, all asbestos had not been removed. Thereafter, on August 25, 2009, the defendant conducted a visual inspection of the boiler room at building B-2 and issued a satisfactory visual inspection, when in truth, the defendant was aware that all asbestos had not been removed. In doing so, the defendant acted as an accessory after the fact to the false statement made by the Johnson defendants.

This is the final defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Ernest and Rai Johnson, other defendants who have been convicted include JMD project monitors Evan Harnden and Brian Scott; and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha and William Manuszewski.                  

The sentencing is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge, Vernesa Jones-Allen; Special Agents of the Federal Bureau of Investigation; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella.  Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Earl Moss, 29, of Buffalo, NY, who was convicted of bank robbery and brandishing a firearm in connection with a crime of violence, was sentenced to 171 months in prison by Chief U.S. District Court Judge William M. Skretny. The defendant was also ordered to pay restitution totaling $48,636.00

According to Assistant U.S. Attorneys John E. Rogowski and Edward H. White, who handled the case, the defendant robbed four banks in Buffalo and Amherst in 2010 and 2011 including:

o             The April 20, 2010, robbery of the Citizens Bank at 3180 Sheridan Drive in Amherst, during which the defendant, wearing women’s clothing, passed the teller a note demanding money. After the teller turned over an amount of money to Moss and shortly after he left the bank, the dye pack in the bank money exploded. The defendant abandoned the money which was recovered by a nearby citizen who took the money back to the bank;

o             The April 30, 2010, robbery of the Citizens Bank at 1893 Elmwood Avenue in Buffalo, during which the defendant, again wearing women’s clothing, passed the teller a note reading “no dye packs or I’ll kill you.” The defendant fled the scene after receiving an amount of money;

o             The December 24, 2010, armed robbery of the Citizens Bank at 3180 Sheridan Drive in Amherst, during which the defendant, wearing a hooded sweat shirt and sun glasses, waived a silver hand gun and demanded money from the bank tellers. Moss received money from several tellers and ran from the bank. A customer in the bank took pursuit after the defendant and fired four shots from a pistol he had a permit to carry.  None of the shots struck Moss and the defendant escaped with the money; and

o             The April 18, 2011, armed robbery of the Citizens Bank at 1893 Elmwood Avenue in Buffalo, during which the defendant, again wearing a hooded sweat shirt and sun glasses, waived a silver hand gun and demanded money from the bank tellers. Moss received money from several tellers and ran from the bank.

Moss moved to the Atlanta, Georgia, area after the first two robberies. In early December, 2010, following an armed robbery of a bank in Atlanta, the Federal Bureau of Investigation received information that Moss may be responsible for that robbery as well as the Buffalo area robberies. As a result, the FBI gathered sufficient evidence which resulted in Moss’s arrest two days after the last robbery. The defendant has been incarcerated since his arrest.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, the Amherst Police Department, under the direction of Chief John C. Askey, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

BUFFALO, N.Y.BU.S. Attorney William J. Hochul announced today that Demetrien Bell Bradley, 20, of Buffalo, NY, who was convicted of bank robbery, was sentenced to 24 months in prison by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay $1,540 in restitution. 

According to Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, on November 6, 2013, Bradley entered the Key Bank at 306 West Ferry Street in Buffalo. The defendant passed the teller a note demanding money and threatening that he had a gun.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Shahmell Robinson, 21 and Jordan McCloud, 22, both of Rochester, NY, with production of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison and a $250,000 fine.

“Federal pornography laws enable this Office to prosecute those who would videotape the rape of a child, not just the rapist, said U.S. Attorney Hochul. “We will continue to use all tools at our disposal to help protect children from these violent predators.”

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, Robinson raped a 14 year old girl while McCloud recorded the incident on his cellular telephone. The conduct occurred at a residence in Greece in August, 2014. The videos came to the attention of law enforcement when another individual posted them on Facebook.

The defendants will be arraigned on November 6, 2014 at 9:00 a.m. before U.S. Magistrate Judge Marian W. Payson.

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 indictment is the culmination of an investigation on the part of members of the Federal Bureau of Investigation’s Child Exploitation Task Force, along with officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli and members of the Greece Police Department, under the direction of Chief Patrick Phelan.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal jury in Buffalo has convicted Jerry Robbins, 44, of Cheektowaga, NY, owner of Finish Line Auto Sales on Bailey Avenue in Buffalo, of money laundering and failure to report cash transactions of $10,000 or more. The convictions, which came after a nearly two week jury trial, carry a maximum penalty of 20 years in prison and a $250,000 fine.

     Assistant U.S. Attorneys Joel L. Violanti and Edward H. White, who handled the prosecution of the case, stated that Robbins helped drug dealers launder proceeds of their illicit business by purchasing high end used cars. During these sales, the drug dealers would pay the defendant cash for cars ranging in price from $10,500 to $45,000. Robbins used the name of another person in sales and title paperwork to disguise the true purchaser and source of the money.

In addition, in an effort to conceal the amount of money received for the sale of the car, Robbins listed that only a small deposit was received from the third party nominee, when, in fact, the drug dealers had paid cash in full for the car. For each of these types of transactions, Robbins also failed to file the proper forms with the Internal Revenue Service indicating the receipt of over $10,000 cash for the sale of the car, as required by law.

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

     Sentencing is scheduled for March 5, 2015, in Buffalo, before U.S. District Judge Thomas McAvoy, who presided over the trial of the case.

BUFFALO, N.Y.B U.S. Attorney William J. Hochul, Jr. announced today that Juan Lopez, 31, of Buffalo, NY, who was convicted of possession of firearms in furtherance of drug trafficking activities and being a felon in possession of firearms, was sentenced to 108 months by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that in 2008, the defendant began utilizing Pennsylvania residents as straw purchasers to buy firearms in exchange for money and cocaine. These firearms were then brought to Buffalo for the purpose of drug trafficking. Lopez was a convicted felon at the time and unable to legally purchase firearms in New York.

“It is imperative that these types of criminals are prosecuted and brought to justice,” said U.S. Attorney Hochul. “Some of the guns involved in this case were brought into our community and used in the commission of violent crimes. Whether you are the criminal filling our streets with illegal weapons or the person who assists the criminal in obtaining a gun, you will be prosecuted to the fullest extent of the law.”

Lopez, who is currently serving 25 years in New York State prison for two previous attempted murder convictions, was arrested in September 2012 along with seven other defendants. Robert Johnson, Amie Hollingsworth, Misty Mihalko, Robert Reed, Brett Abrams, Jaqueline Runyan, and Trisha Amidon were all convicted and sentenced for their role in this case.

The sentencing is the culmination of an investigation by 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 Division.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Hareshkumar Patel, 44, of Tonawanda, NY, and Pankajkumar Patel, 41, of Geneva, NY, who were convicted of immigration charges, were sentenced by U.S. District Court Judge Richard J. Arcara to time served and one year supervised release.

Assistant U.S. Attorneys Elizabeth Moellering and John E. Rogowski, who handled the case, stated that Hareshkumar Patel and Pankajkumar Patel, both aliens, submitted false statements in immigration matters in September of 2008 and August of 2010 respectively. The defendants filed petitions for a non-immigrant worker with Citizenship and Immigration Services and forged the signature of other individuals.

The sentencings are 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 of the Buffalo Office James C. Spero.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Chauncee McFarland, 36, of Rochester, NY, who was convicted of conspiring to defraud the United States by filing false tax returns and to defraud financing companies, was sentenced to 30 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay restitution totaling $408,651.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that from 2010 to 2012, McFarland owned McFarland Tax Company, a tax return preparation business. The defendant conspired with an employee, Kenyatta Hubbard, to prepare false income tax returns for clients. McFarland and Hubbard reported fictitious employment in order to increase the Earned Income Tax Credit refunds claimed on behalf of the clients.

Thereafter, from September 2012 to September 2013, acting on his own as a licensed insurance broker, McFarland devised a scheme to defraud premium finance companies.  Premium finance companies engage in the business of lending money to finance insurance policy premiums for clients. McFarland prepared fraudulent premium finance agreements that falsely represented that he was seeking to obtain financing for purported clients. Based upon the fraudulent documents, the companies provided the requested financing. The defendant then diverted the financing to his personal use, and did not use it to purchase insurance policies for any clients. In total, McFarland defrauded the IRS and financing companies of $408,651.

Kenyatta Hubbard was convicted for her role in the conspiracy to prepare false income tax returns for clients and sentenced to five years probation.

Sentencing is the culmination of an investigation by 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, Special Agents of the U.S. Postal Inspection Service, Boston Division, under the direction of Inspector in Charge, Shelly A. Binkowski, and Investigators of the New York State Department of Financial Services, under the direction of Superintendent Benjamin Lawsky.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Julio Montes Ceballo, 46, a resident of the Dominican Republic, pleaded guilty to fraudulent misuse of a U.S. Permanent Resident Card before U.S. District Court Judge, Richard J. Arcara. The defendant was then sentenced to time served and one year supervised release by Judge Arcara.

                Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that on May 21, 2014, Ceballo was arrested at the Peace Bridge when he attempted to enter the United States. The defendant was using a U.S. Permanent Resident Card bearing the name of another person. A fingerprint scan revealed that Ceballo was not the person named on the card he presented.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Carlique Deberry, 35, who was convicted of bank fraud, was sentenced by Chief U.S. District Judge William M. Skretny to six months in a halfway house and three years supervised release.

                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 “check kiting” scheme.  Deberry opened bank accounts and deposited large checks into 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 Deberry made away with only $130 from Key Bank, the intended loss amount was more than $20,000.

                Co-conspirators, Sade Heath, Sayonara Heath, Nichole Dean and Antwan Green have all been convicted.  Sade Heath and Sayonara Heath have been sentenced.  Dean and Green are awaiting sentencing.

                The sentencing is the culmination of an investigation by the United States Secret Service.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Gilbert, 47, of Rochester, NY, was arrested and charged by criminal complaint with making false statements in a passport application. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Gilbert applied for a passport in 2007 using the name and identification of another individual, Lena B.W. In May 2014, Lena B.W. applied for a passport for herself which triggered a review of the 2007 application Gilbert submitted and resulted in defendant’s fraud being discovered.

The criminal complaint is the culmination of an investigation by Special Agents the United States Department of State, under the direction of William Ferrari.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson. Gilbert is due back in court on December 3, 2014, at 9:00 am.

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.

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Freddy Quintana, 27, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute five kilograms or more of cocaine and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 108 months in prison by U.S. District Judge Charles J. Siragusa. Quintana was also ordered to forfeit $7,900.00 in United States currency and a 9mm pistol and rounds of ammunition.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Quintana and other members of the conspiracy were responsible for the distribution of significant quantities of cocaine and crack cocaine throughout the Rochester area. The cocaine was transported by vehicle from Pennsylvania. The investigation involved court-authorized wire taps and resulted in the arrest of 10 defendants between May and October 2012. To date, all defendants have been convicted. The money and gun being forfeited by the defendant were seized by law enforcement at 44 Hebard Street in Rochester on May 30, 2012.

The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Office, Investigators of the Rochester Police Department, under the direction of Chief Michael Ciminelli and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that James Hardaway, Jr., a/k/a Jabber, 31, of Rochester, 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 125 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Hardaway, his cousin Sekou Howard, and others purchased large quantities of powder cocaine which was then processed into crack cocaine, packaged, and resold in various quantities in Rochester.  The defendant and Howard were arrested on January 16, 2014 at 80 Ambrose Street in Rochester after attempting to flee law enforcement officers executing a search warrant at the address. Inside 80 Ambrose Street, officers seized crack cocaine packaged for street sale, paraphernalia for weighing, processing and packaging narcotics, and several rounds of .38 caliber handgun ammunition.

Howard was convicted and sentenced to 168 months in prison.

The sentencing is the culmination of an investigation by Rochester Police Department, under the direction of Chief Michael Ciminelli and the Federal Bureau of Investigation.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that James Hardaway, Jr., a/k/a Jabber, 30, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $8,000,000 or both.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Hardaway and others purchased large quantities of powder cocaine which was then processed into crack cocaine, packaged, and resold in various quantities in Rochester.  The defendant was arrested on January 16, 2014 at 80 Ambrose Street in Rochester after attempting to flee law enforcement officers executing a search warrant at the address. Inside 80 Ambrose Street, officers seized crack cocaine packaged for street sale, paraphernalia for weighing, processing and packaging narcotics, and several rounds of .38 caliber handgun ammunition.

The conviction is the culmination of an investigation by Rochester Police Department, under the direction of Chief Michael Ciminelli and the Federal Bureau of Investigation.

Sentencing is scheduled for February 2, 2015 at 3:00 pm before Judge Geraci.

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Shane Taylor, 43, of Dunkirk, NY, pleaded guilty to possession of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for February 13, 2015 at 12:00 p.m. before Judge Arcara.