Western District of New York

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Mark Ruff, 40, of Connecticut, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conducting an illegal gambling business and conspiracy to commit money laundering. The charges carry a maximum possible penalty of 25 years in prison, a fine of $750,000 or both.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Mark Ruff admitted to conducting an illegal gambling business with his brother Joseph Ruff, 32, and Paul Borrelli, 66, both of Rochester. The gambling operation involved sports betting through multiple offshore internet gambling websites. As part of their illegal activities, Mark Ruff conspired with Joseph Ruff and others to launder $230,000 in illegal gambling proceeds.

Mark Ruff transferred the gambling proceeds from Rochester to an associate in Connecticut to conceal the source of the proceeds. The money was deposited into a credit line and subsequent cash withdrawals were made and checks written from the credit line for Mark Ruff and Joseph Ruff.

On June 24, 2014, the defendant, Joseph Ruff, and Paul 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 and Joseph Ruff with 10 counts of money laundering. The charges against Joseph Ruff and Paul Borrelli are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The 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 January 29, 2015 at 3:00 p.m. before Judge Geraci.

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Michael Kemp, 37 of Buffalo, NY, was found guilty by U.S. District Court Judge Richard J. Arcara, of violating his supervised release. The defendant failed to obtain advance notification from the U.S. Probation Department to use a computer and for possessing child pornography. The violations carry a maximum sentence of two years in prison.

                Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on October 15, 2013, Kemp’s probation officer found a computer and hard drive hidden between the defendant’s mattress and box spring in his bedroom at his residence in Buffalo. Kemp has been on supervised release since July 2008 after being released from federal prison for a conviction of possession of child pornography. Judge Arcara sentenced Kemp to 51 months in prison for possessing child pornography on a computer in his residence in October 2004.

                The investigation 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 on the violation of supervised release is scheduled for November 24, 2014 at 12:00 p.m. before Judge Arcara.

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Leroy Malcolm, 45, of Rochester, NY, who was convicted of passport application fraud, was sentenced to two years of probation by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in July 2004, Malcolm, a Jamaican national, submitted a United States passport application to the Rochester City Clerk’s Office. The defendant used his own picture but the name, date of birth, and place of birth of another individual.

The sentencing is the culmination of an investigation on the part of the United States Department of State, Diplomatic Security Service, under the direction of William Ferrari.

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that James Marsh, 73, of Rochester, NY, who was convicted following a jury trial of conspiring to distribute OxyContin, was sentenced by U.S. District Judge David G. Larimer to five years in prison and ordered to pay restitution of $34,033.61 to the Medicaid program.

Assistant U.S. Attorneys Charles Moynihan and John Field, who handled the case, stated that Marsh conspired with co-defendants Shantel Williams, Jimmie Lee Simmons, Anestacia Wilson, Betina Wilson, and Stacy Clark, to obtain OxyContin through fraudulent prescriptions.  Marsh paid Shantel Williams approximately $800 for each fraudulent prescription that was written using the names and Medicaid information of fake patients Anestacia Wilson, Bettina Wilson, Stacy Clark, and others. The defendant escorted the fake patients to various local pharmacies, where they would have the fraudulent prescriptions filled. Marsh would then distribute the OxyContin to his customers.

All defendants in the case have been 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, Acting Special Agent in Charge of the New York Division, and the Office of the New York State Attorney General, Medicaid Fraud Control Unit, under the direction of Acting Director Amy Held.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. today that eight present and former members of Plumbers & Steamfitters Local 267 have been charged by criminal complaint with conspiring to steal funds belonging to their union-sponsored health care plan. The charges carry a maximum sentence of five years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Paul Harnas, Jr., Brandon Wilson, Cory Bennett, Eric Field, Jamie Davenport, Jared Stevens, Chris Beach and Gregory Haller, all of the Southern Tier area of NY, schemed to defraud their union health care plan by submitting fraudulent claims for reimbursement of purported dental work. The fraudulent claims were supported by fictitious receipts that Paul Harnas, Jr. prepared and sold to the other defendants for approximately $100 per receipt. From June 2011 to April 2013, the defendants submitted at least 28 fraudulent claims to obtain more than $65,000 from the health care plan.

The criminal complaint is the culmination of an investigation by Special Agents the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the Direction of Special Agent-in-Charge Cheryl Garcia of the New York Regional Office, and the New York State Department of Financial Services, Frauds Bureau, under the direction of Superintendent Benjamin Lawsky.

Paul Harnas, Jr. made an initial appearance on October 28, 2014 before U.S. Magistrate Judge Payson and was released. Harnas and the remaining defendants will be in court on November 4, 2014 at 9:00 a.m. before Judge Payson.

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 Tier NY, LLC, located in Niagara Falls, NY, which was convicted of negligent endangerment under the Clean Air Act, was sentenced to two years probation and a $25,000 fine by U. S. Magistrate Judge Hugh B. Scott.

Judge Scott also ordered the company to make $25,000 in capital improvements, relating to environmental compliance within the first 18 months of probation. Tier was also ordered to develop and institute an environmental training program which will provide an overview of the pertinent environmental statutes and regulations, and shall be provided to all current employees within 60 days of being approved by Probation, and shall be provided to all new employees within seven days of being hired.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Tier, NY, LLC is engaged in the business of cleaning tanks that once carried hazardous materials, including titanium tetrachloride. Titanium tetrachloride, when combined with water, forms hydrochloric acid gas--a hazardous air pollutant listed under the Clean Air Act.            

The charges stem from an incident that occurred on June 11, 2013. Tier employees cleaned a tank that last contained titanium tetrachloride. During the cleaning process, employees introduced a caustic solution with an unverified concentration of sodium hydroxide and water into the vessel and negligently caused the release of an unknown quantity of hydrochloric acid gas. The gas then travelled to an adjacent business and placed other people in imminent danger of death or serious bodily injury.             

“Today's case represents yet another example of this Office's commitment to protecting the health and safety of the community,” said U.S. Attorney Hochul.             

The sentencing is the culmination of an investigation on the part of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-In-Charge, Vernesa Jones-Allen and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Tier NY, LLC, located in Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge Hugh B. Scott, to negligent endangerment under the Clean Air Act. The charge is punishable by a fine of $200,000 and a possible term of probation of up to five years. 

                Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that Tier, NY, LLC is engaged in the business of cleaning tanks that once carried hazardous materials, including titanium tetrachloride. Titanium tetrachloride, when combined with water, forms hydrochloric acid gas--a hazardous air pollutant listed under the Clean Air Act.

The charges stem from an incident that occurred on June 11, 2013. Tier employees cleaned a tank that last contained titanium tetrachloride. During the cleaning process, employees introduced a caustic solution with an unverified concentration of sodium hydroxide and water into the vessel and negligently caused the release of an unknown quantity of hydrochloric acid gas. The gas then travelled to an adjacent business and placed other people in imminent danger of death or serious bodily injury.

The plea 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 and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella.

                Sentencing is scheduled for January 8, 2015 at 10:00 a.m. before Magistrate Judge Scott.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Andres Ahmed Vasquez, 29, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to trafficking in and possession of unauthorized counterfeit access devices. Each 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 case, stated that between June 2012 and May 2014 Vasquez trafficked in, possessed, and used stolen credit card account numbers and codes belonging to more than 250 different victims. The defendant obtained more than $210,000 as a result of his crimes.

This plea is the culmination of an investigation by Special Agents of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.

Vasquez is scheduled to be sentenced by on January 30, 2014, at 2:00 p.m. before Judge Siragusa.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Chad Allen Mesler, 44, of Bath, NY, was arrested and charged by criminal complaint with possession of child pornography and transportation of obscene materials. The possession of child pornography charge carries a minimum sentence of 10 years in prison and a maximum of 20 years due to the defendant’s prior conviction. The transportation of obscene materials is punishable by up to 10 years in prison. The charges also carry a fine of up to $250,000.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, Probation Officers from the Western District of New York were supervising the defendant following a 2011 conviction for possession of child pornography. During a routine visit to Mesler’s residence in Bath, they found a laptop computer that contained images of child pornography. Officers also found printed obscene magazines depicting children as young as infants being raped which the defendant had buried in his back yard. The Probation Department contacted the FBI Crimes Against Children Task Force for investigative and forensic assistance.

Mesler made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was detained. His next scheduled appearance is January 8, 2015 at 9:00 a.m.

The criminal complaint is the culmination of an investigation by Special Agents of Federal Bureau of Investigation and Officers of the United States Probation Department for the Western District of New York, under the direction of Anthony SanGiacomo.

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. — The U.S. Attorney’s Office announced today that the United States Court of Appeals for the Second Circuit has affirmed the convictions of Ian Campbell Gent and James F. Lagona. The defendants were convicted of conspiracy and mail fraud by a federal jury in February 2011. Lagona was sentenced to 11 years in prison; Gent was sentenced to eight years. Gent and Lagona appealed their convictions and sentences claiming in part that there was insufficient evidence that they had intent to defraud and knowledge of the scheme.

Gent and Lagona assisted in an investment fraud scheme in connection with financial service firms M-One Financial and Watermark Financial Services Group. The firms were owned by Guy W. Gane who was convicted in December 2010 and sentenced to 13 years in prison. The firms operated out of 2425 Sweet Home Road in Amherst, NY until May 2008 when federal agents executed a search warrant and the SEC filed a civil action in federal court. The scheme involved promising high returns to investors on “debenture” investments or “promissory notes.”

The Court found that Gent and Lagona had intent to defraud and knowledge of Watermark’s illegal scheme. Specifically, Lagona actively prepared new debentures even after becoming aware that payments to investors of previously issued debentures were due and could not be paid, as promised, with profit; attended at least one sales meeting in which he participated in procuring an investment based on false representations; signed letters assuring investors that their non-existent investments were safe; and did these things at times when he was aware that no investments and no income were being generated.

The Court further stated that when he was hired, Gent knew that the company was “bleeding money” and was paying new investors back with prior investor money.  While working for Gane, Gent encouraged the sale of debentures or promissory notes to pay off earlier investors. Lagona falsely assured investors that their investments were safe. Losses suffered by the investors totaled over $6,000,000.  

The Court also affirmed Lagona’s sentence but sent Gent’s sentence back for the U.S. District Court in Buffalo to make additional findings regarding a sentencing guideline issue.

On appeal the government was represented by Assistant U.S. Attorney Joseph J. Karaszewski. The trial was handled by Assistant U.S. Attorney Gretchen L. Wylegala.

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Jerome C. Crosby, 58 of Buffalo, NY, who was convicted conspiracy to possess with intent to distribute and distribute cocaine, was sentenced to 77 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant will also forfeit $58, 328 in United States currency, proceeds of the narcotics trafficking.

     Assistant U.S. Attorney Mary Clare Kane, who handled the case, stated that between January 2008 and July 29, 2008, the defendant conspired with others to supply kilogram quantities of cocaine that he obtained in New York City to Wallace Peace and others. The cocaine was then distributed in the Central Park area of Buffalo.

     Crosby was one of 31 defendants arrested and convicted in this case. He is the 29th defendant to be sentenced. 

     The plea is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, 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 Nasser Ali Ghanem, 34 of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to unauthorized acquisition of food stamp benefits. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant participated in the operation of a deli shop known as Hollywood Nights Prime Shop on Jefferson Avenue in Buffalo. From October 2008 through January 2011, Ghanem purchased food stamp benefits from food stamp recipients for cash at less than their full value. The total loss amount to the United States Department of Agriculture is estimated at $67,139.00.

The plea was the culmination of an investigation on the part of Special Agents of the United States Department of Agriculture, Office of Inspector General, under the direction of William G. Squires Jr., Special Agent in Charge, Northeast Region.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Norman Charnock, 51, of Williamsville, NY, who was convicted of possessing a firearm as a convicted felon, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on August 7, 2013, federal and state law enforcement officers executed a search warrant at the defendant’s Williamsville residence and found a rifle, 36 rounds of ammunition, an assortment of prescription drugs, and $1,400 cash all stored in a safe in the residence.  They also located a loaded revolver in the garage.  Among the prescription drugs found in the safe were drugs of the same type that Charnock had sold to a confidential informant three weeks prior to the search warrant.

Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, New York Field Division, and by deputies of the United States Marshals Service, under the direction of Charles Salina.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Raul Abidel Martinez, 34, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Court Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a fine of up to $250,000.

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

The guilty 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

Sentencing which is scheduled for January 21, 2015 at 3:00 p.m. before Judge Geraci.

ROCHESTER, N.Y.  U.S. Attorney William J. Hochul, Jr. announced today that Noah R. Scribner, 22, of Palmyra, NY, was arrested and charged by criminal complaint with distribution of child pornography. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a fine of up to $250,000.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the New York State Police and Federal Bureau of Investigation conducted an online child pornography investigation in December 2013. During that case, they learned that child pornography had been uploaded to a Google cloud drive account. Investigators linked that activity to the defendant, and traced his physical location to his residence in Palmyra where a search warrant was executed and numerous digital items were seized. Sexually explicit images and movies were found on several of these items, including a laptop computer and iPod.

The defendant made an initial appearance today before U.S. Magistrate Marian W. Payson. Scribner is due back in court on December 4, 2014 at 9:00 a.m. before Magistrate 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 criminal complaint is the culmination of an investigation by the New York State Police, under the direction of Major Scott crosier and 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 proven guilty in a court of law.

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Pauline Gichuri, 40, a Buffalo, NY resident and native and citizen of Kenya, who was convicted of conspiring to commit marriage fraud, was sentenced to one year probation by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that the defendant agreed to pay a United States citizen $5000 to enter into a sham marriage to allow Gichuri to remain in the United States. The defendant planned to apply for naturalization as a United States citizen. The sham marriage took place in Buffalo in 2004 and Gichuri was naturalized in 2010. Because citizenship was obtained by fraud, the defendant may be subjected to de-naturalization and removal from the United States. 

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

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Janet Faticone, aka Janet Bixby, 50, of Webster, N.Y. was charged by criminal complaint with wire fraud. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that the defendant works at New York State Title and Abstract (NYSTA). Without proper authority, Faticone acted as a “settlement agent” for a national title insurance company, to facilitate the issuance of title insurance policies. However, as part of the alleged scheme, the defendant created forged and fraudulent mortgage loan insurance policies for which she received commission payments.

The defendant made an initial appearance today before U. S. Magistrate Judge Marian W. Payson. Faticone was released and is due back in court on December 5, 2014 at 9:00 a.m. for a status hearing.

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

The criminal complaint is the culmination of an investigation by the Federal Bureau of Investigation and Investigator Bill Fedrau of the New York State Department of Financial Services’ Financial Frauds and Consumer Protection Division, under the direction of Assistant Chief Sean Ralph, Director Frank Orlando, Executive Deputy Superintendent Joy Feigenbaum and Superintendent Benjamin M. Lawsky.

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. – U.S. Attorney William J. Hochul, Jr. announced today that Calvina Myles, 28, of North Tonawanda, who was convicted of bank fraud, was sentenced to 12 months in prison and ordered to pay restitution totaling $28,512.78 by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between September 2012 and March 2013, Myles and co-defendant David Johnson 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. As a result of this conduct, Capital One suffered a loss of $29,429.16.

Avery Gill was sentenced to time served on October 14, 2014 and David Johnson will be sentenced on November 5, 2014.              

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Kenneth Sweat, 26, of Lackawanna, N.Y., who was convicted of possession with intent to distribute and distribute crack cocaine, was sentenced to 27 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 February 18, 2013 and February 25, 2013, the defendant sold 36 grams of crack cocaine to a confidential source working with the Drug Enforcement Administration and Lackawanna Police. 

The sentencing is the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, and the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division.

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jay Chapman, 47, of Spencerport, N.Y., who was convicted of filing a false income tax return, was sentenced to five years probation and ordered to pay restitution totaling $111,078 by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that in 2007, the defendant filed a personal income tax return but failed to report business income in the amount of $118,971.

The sentencing is the culmination of an investigation on the part 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 Jessica Moscicki, 24, was arrested and charged by criminal complaint with possession and brandishing of a firearm in furtherance of a crime of violence, obstructing commerce by robbery and aiding and abetting a federal offense. The robbery charge carries a maximum sentence of 20 years in prison and a fine of $250,000. The possession and brandishing of a firearm in furtherance of a crime of violence charge carries a minimum sentence of seven years in prison, a maximum of life, and a $250,000 fine. 

Assistant U.S. Robert A. Marangola, who is handling the case, stated that on October 7, 2014, Moscicki and co-defendant Clarence Lambert are accused of participating in a home invasion robbery of a jeweler in the Town of Greece. According to the complaint, during the robbery, the jeweler and his wife were pistol whipped and locked in a closet. The perpetrators are accused of stealing in excess of $200,000 in cash, diamonds, and luxury watches.

On October 17, 2014, following police surveillance, Moscicki was pulled over while driving on Niagara Falls Boulevard in Amherst, NY. According to the complaint, during the investigation the defendant was positively identified as going to the home of the victims five days before the robbery and asking for a person the jeweler never of. The complaint furthers states that Moscicki was with Clarence Lambert on October 14, 2014 when he attempted to sell a Rolex watch stolen during the home invasion at a pawn shop in Rochester. The defendant drove away from the pawn shop in the same vehicle that she was driving when pulled over by Amherst Police.            

The defendant made an initial appearance this afternoon before U.S. District Judge Frank P. Geraci, Jr. She is being detained and is due back in court on Wednesday October 22, 2014 at 10:00 a.m. before U.S. Magistrate Judge Marian W. Payson.  

The criminal complaint is the culmination of an investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan, 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 Division, the Federal Bureau of Investigation, the New York State Police, under the direction of Major Scott Crosier, and the Rochester Police Department under the direction of Chief Michael Ciminelli.

 

Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Yousef Yafai, 31 of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to unauthorized acquisition of food stamp benefits. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000or both.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant operated a deli shop known as Hollywood Nights Prime Shop on Jefferson Avenue in Buffalo. Between October 2008 and January 2011, Yafai knowingly purchased, from food stamp recipients, food stamp benefits in exchange for cash at less than their full value.

The plea was the culmination of an investigation on the part of Special Agents of the United States Department of Agriculture, Office of Inspector General, under the direction of William G. Squires Jr., Special Agent in Charge, Northeast Region.

Sentencing is scheduled for February 17, 2015 at 1:00 p.m. before Judge Arcara.

 

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Doree McGee, 39, of Los Angeles, California, who was convicted of bank fraud conspiracy and aggravated identity theft, was sentenced to 65 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay restitution in the amount of $326,000.

Assistant U.S. Attorney John J. Field, who handled the case, stated that in 2010 and 2011, McGee conspired with Cassandra Montrevel, and others, to defraud Bank of America. The scheme involved the defendants posing as actual Bank of America account holders. They used fake driver’s licenses and other means of identification, and made cash withdrawals from actual customer accounts. Traveling from California to cities around the nation, McGee and others defrauded Bank of America of more than $325,000. The scheme came to an end on March 18, 2011, when Montrevel was arrested in a bank branch in Irondequoit, N.Y. Montrevel was convicted and sentenced to 70 months in prison for her role in the scheme.

The sentencing is the culmination of an investigation on the part of the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast, the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Gates Police Department, under the direction of Chief James VanBrederode, the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo, and the Batavia Police Department under the direction of Chief Shawn Heubusch.

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Franklin Lopez, 34, of Buffalo, N.Y., who was convicted of stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $69,000 in restitution.

Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant was employed part time as a coin collector in the City of Buffalo Department of Parking Enforcement between 2002 and 2011. In this capacity, Lopez was responsible for collecting coins deposited into parking meters.

“This investigation demonstrated that what began as thefts of nickels and dimes, in the end cost taxpayers hundreds of thousands of dollars,” said U.S. Attorney Hochul. “In fact, since these defendants were removed from their positions, the City of Buffalo has seen an increase of over $700,000 in parking meter revenues. Let this case serve as a warning that we will continue to pursue any official who violates a duty to the public.”

On August 16, 2011, Buffalo Police found over $1,300 in coins inside the defendant's work vehicle, money that was supposed to be deposited into the city treasury. Further investigation, including a review of Lopez's banking records, revealed a substantial amount of cash deposits and cash payments for a variety of items. Between November 2002 and August 2011, Lopez stole approximately $69,000 from city parking meters.

Lopez is the fourth employee of the Department of Parking Enforcement to be convicted and sentenced in this case. James Bagarozzo was convicted of stealing over $200,000 from Buffalo parking meters and sentenced to 30 months in prison. Bagarozzo was also ordered to pay $210,000 in restitution. Lawrence Charles has also been convicted of stealing over $10,000 from Buffalo parking meters and was sentenced to six months and prison and ordered to pay $15,000 in restitution. Francis Tronolone was convicted of stealing $9,000 in coins from city parking meters and was sentenced to six months in prison and ordered to pay $9,000 in restitution. The amount of money proven to be stolen by these convicted defendants exceeds $300,000.

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

 

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Olivia Leigh Suriani, 32, a citizen of Canada, was arrested and charged by criminal complaint with illegal re-entry. The charge carries a maximum penalty of two years in prison, a fine of $250,000, or both

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that according to the complaint, Niagara Regional Police alerted U.S. Border Patrol that a woman was onboard a kayak heading toward Beaver Island State Park from Canada. Upon arrival, Suriani was found near Beaver Island Park approaching a taxi. When questioned by a Border Patrol agent, the defendant admitted to entering the United States illegally on the kayak. Suriani was previously removed from the United States on January 13, 2014 and returned to Canada after she arrived onboard a cruise ship. 

Suriani made an initial appearance before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on October 17, 2014.

The criminal complaint is the culmination of an investigation on the part of Agents of US Border Patrol, under the direction of  Patrol Agent in Charge Chris Buskey.  

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 Clarence Lambert, 22, was charged by criminal complaint with obstructing commerce by robbery, and possessing and brandishing a firearm in furtherance of a crime of violence.  The robbery charge carries a maximum sentence of 20 years in prison and a fine of $250,000. The possession and brandishing of a firearm in furtherance of a crime of violence charge carries a minimum sentence of seven years in prison, a maximum of life, and a $250,000 fine. 

Assistant U.S. Robert A. Marangola, who is handling the case, stated that Lambert is charged with participating in the home invasion robbery of a jeweler in the Town of Greece on October 7, 2014. According to the complaint, during the robbery, the jeweler and his wife were pistol whipped and locked in a closet. The perpetrators are accused of stealing in excess of $200,000 in cash, diamonds, and luxury watches. On October 14, 2014, the defendant was observed trying to pawn one of the stolen watches at a local pawn broker in Rochester. Police attempted to stop Lambert who fled and led officers on a foot chase. The defendant was caught hiding in a box in a garage on Frankfurt Street, and was later identified by the jeweler as one of the three armed robbers.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson. He is being detained and is due back in court on Tuesday October 21, 2014 at 9:00 a.m. 

The criminal complaint is the culmination of an investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan, 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 Division, the Federal Bureau of Investigation, the New York State Police, under the direction of Major Scott Crosier, and the Rochester Police Department under the direction of Chief Michael Ciminelli.

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.--U.S. Attorney William J. Hochul, Jr. announced today that Isaiah Washington, of Buffalo, NY, who was convicted of distribution of crack cocaine, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimintel, who handled the case, stated that the defendant was arrested along with Mashi Phillips and Rayshawn Minter in March 2013. The defendants distributed quantities of cocaine in parts of Buffalo including French Street and Box and Glenwood Avenues. Between November 2012 and March 2013, the defendants each sold cocaine or crack cocaine.

Rayshawn Minter was sentenced to 100 months in prison in August 2014. Mashi Phillips will be sentenced on February 2, 2015.

The sentencing is result of an investigation by Special Agents of 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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Avery Gill, 56, of Buffalo, N.Y., who was convicted of bank fraud, was sentenced to time served and four years probation 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, Gill and co-defendants Calvina Myles and David Johnson devised a scheme to defraud Capital One Bank. The defendants used the names and personal identification information of two individuals to apply for two Capital One credit cards in those names. The defendants then purchased merchandise and gift cards from retail stores using the credit cards. Gill also made ATM withdrawals using the credit card. As a result of this conduct, Capital One suffered a loss of $29,454.

Calvina Miles, who was also convicted of bank fraud, and David Johnson, who was convicted of aggravated identity theft, are awaiting sentencing. 

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.

 

 

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jonathan A. Karcher, 21, of Penn Yan, N.Y., who was convicted of attempting to extort money from the Lyons National Bank in Penn Yan, was sentenced by U.S. District Judge David G. Larimer to 41 months in prison. 

Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that on June 5, 2013, Karcher called the manager of Lyons National Bank and demanded that the manager take $15,000 in cash and leave it by a dumpster behind the Rite Aid store across the street from the bank. During that conversation, the defendant threatened the bank manager by informing her that he had information about the manager’s residence and children. Karcher later drove to the area of Lyons National Bank and parked in the Rite Aid parking lot across the street. The defendant then walked by the dumpster behind the store to determine if the $15,000 had been left there as he had directed the branch manager to do.

Subsequent investigation by the FBI and Penn Yan Police Department identified Karcher as the offender. Investigators tracked the defendant down through the analysis of records tied to the cellular telephone used in the call to the bank.

The sentencing is the culmination of a joint investigation on the part of the Penn Yan Police Department, under the direction of Chief Mark Hulse, and the Federal Bureau of Investigation.

 

 

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal jury in Buffalo has convicted Jordan Hidalgo, 23, of Fort Erie, Canada, of assault on a federal officer with physical contact causing bodily injury. The defendant faces a maximum penalty of 20 years in prison, a fine of $250,000 or both when sentenced.

Assistant U.S. Attorneys Wei Xiang and George C. Burgasser, who handled the prosecution of the case, stated that the defendant was initially indicted in April 2011 along with five others and charged with violent crimes in aid of racketeering and other charges. This indictment centered upon the defendant’s activities on behalf of Cheko’s Crew/7th Street Gang, alleged to have operated on the West Side of Buffalo. Hidalgo was arrested in Canada in 2011 and extradited to the United States in August 2013.

On September 17, 2013, the defendant was being held at the Buffalo Federal Detention Facility in Batavia, NY. On that day, two deputy United States Marshals went to the facility to transfer Hidalgo to another facility. The defendant refused to leave his jail cell and began cursing and threatening the deputies. As the deputies went inside the jail cell to remove Hidalgo, the defendant punched one of the deputies multiple times in the head causing several cuts and a broken nose.   

The verdict is the culmination of an investigation on the part of the U.S. Marshals Service, under the direction of Charles Salina, Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Michael Phillips, Buffalo Field Office Director, and the Federal Bureau of Investigation. The Valley Metro-Barbosa Group also assisted in this case.

Sentencing is scheduled for January 26, 2015 at 12:30 p.m. in Buffalo before U.S. District Judge Richard J. Arcara who presided over the trial of the case.

 

 

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today the convening of a public forum to address violent crime on the East Side of Buffalo.  The forum – dubbed “Take Back our Streets” – will share information about crime in East Side neighborhoods and seek information about who is committing it.

“Because of the partnership among all levels of law enforcement, residents have seen many successes in fighting crime across the region,” said U.S. Attorney Hochul. “But as long as even one person lives in fear of property or personal harm, law enforcement will not rest.  From experience, the best way to remove those who would hurt others is for residents to speak out. This forum will be an opportunity for those on the East Side of Buffalo who have seen something to say something.”  

One of the recent successes of law enforcement was the successful prosecution of 44 members of the 10th Street Gang.  Assisted by community participation, this prosecution contributed to the revival of the West Side of Buffalo.

The Take Back our Streets - East Side Community Forum will be held on Tuesday, October 14, 2014 at 6:00 p.m. at the Frederick Law Olmsted School at 319 Suffolk St. in Buffalo. Residents will be able to share their specific concerns about crime on their streets and information in a safe and anonymous setting. ALL information will remain strictly confidential.

In addition to meeting with U.S. Attorney Hochul, residents will meet the leaders of other federal agencies including the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service. Representatives of the Buffalo Police Department, New York State Police and Erie County Sheriff’s Department will also be in attendance.  Members of the Buffalo Peacemakers Organization, area clergy, elected officials, and the Buffalo Municipal Housing Authority will also be present.

U.S. Attorney Hochul is asking for the media’s assistance in helping to spread the word about this important forum. He is available for interviews today regarding these efforts. For more information, please contact Barbara Burns at 716-843-5817.

 

 

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Todd Glenn Dean, 50, of Rochester, N.Y, was arrested and charged by criminal complaint with attempting to entice minor to engage in sexual acts, and attempting to produce child pornography. The charges carry a minimum penalty of 25 years in prison and a maximum of life.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Dean approached a minor in September 2014. The minor notified his mother who then contacted law enforcement. According to the complaint, the Federal Bureau of Investigation’s Child Exploitation Task Force initiated undercover communications with the defendant, posing as a 15 year-old boy named “Tyrell.” During chats with “Tyrell,” Dean promised to buy “Tyrell” a phone if he had sex with him. Eventually, an arrangement was made to meet at the Genesee Valley Park for sex. Anticipating the meeting, Dean wrote, “have a great day at school . . . can’t wait to hookup.”

The defendant is being detained pending a detention hearing on October 16, 2014 at 2:30 p.m.

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

The criminal complaint is the culmination of an investigation by Special Agents of 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.

 

 

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul announced today that Catherine Vitello, 41, of Elma, N.Y., pleaded guilty to possession with intent to distribute and distribution of hydrocodone and fentanyl before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

“As this case demonstrates, drug dealers come from all walks of life, and don’t always just stand on street corners,” said U.S. Attorney Hochul. “Here, the defendant abused her position as the head of a nursing program to obtain highly addictive drugs, and then distribute them illegally. Let all who hold such positions be aware they are not immune from prosecution if they also violate the law.”     

Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that the defendant was the Director of Nursing at the St. Catherine Laboure Health Care Center in Buffalo. Vitello sold un-used prescription drugs from her office. These drugs were prescribed for patients but were no longer needed for various reasons, including the death of the patient in some cases. The prescription narcotics included hydrocodone and fentanyl. On at least two separate occasions in October 2013, the defendant sold hydrocodone and fentanyl to a confidential source working with the Drug Enforcement Administration.

The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Office, the Lackawanna Police Department, under the direction of Chief James Michel, 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.

Sentencing is scheduled for January 23, 2015 at 1:00 p.m. before Judge Arcara.

 

 

 

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Candace Walker, 33, of Buffalo, N.Y., who was convicted of theft of government funds, was sentenced to two years probation before U.S. Magistrate Judge Hugh B. Scott.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Walker, a Contact Representative for the United States Department of the Treasury, Internal Revenue Service (“IRS”), collected unemployment insurance benefits for which she was not entitled. Between January 10, 2010, and October 2, 2011, the defendant fraudulently certified for unemployment insurance benefits on numerous occasions. Walker failed to report income earned from the IRS and from the Wheelchair Home, Inc., dba, Schofield Residence, in order to receive unemployment insurance benefits. In total, Manning stole $9,530 in unemployment insurance benefits from the IRS and $1,925 from the Wheelchair Home, Inc., dba, Schofield Residence.

The sentencing is the culmination of an investigation by the Department of the Treasury, Treasury Inspector General for Tax Administration (TIGTA), Office of Investigations, under the direction of Special Agent in Charge Robert E. O’Malley, the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent-in-Charge Cheryl Garcia of the New York Regional Office, and the New York State Department of Labor, under the direction of Commissioner Peter Rivera.

 

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Adlyn Marie Echevarria Robles, 22, of Buffalo, N.Y., who was convicted of bank robbery, was sentenced to 24 months in prison and ordered to pay $13,168 in restitution by Chief U.S. District Judge William M. Skretny.

                Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on July 5, 2013, the defendant entered the M&T Bank at 1580 Hertel Avenue in Buffalo. Robles passed the teller a demand note threatening the use of a weapon.  The teller gave the defendant a specific amount of money. 

                On July 24, 2013, the defendant entered the M&T Bank at 709 Elmwood Avenue in Buffalo and passed the teller a demand note threatening the use of a weapon. The teller gave Robles a specific amount of money.

                Charges against co-defendant Ronald McClendon, Jr. are pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

 

 

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Manuel Montes Espinoza, 37, of Tucson, Arizona, pleaded guilty before U.S. District Judge Frank P. Geraci to conspiracy to possess with intent to distribute, and to distribute, marijuana. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, a fine of $5,000,000 or both.

Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated Espinoza, who also went by the name “Nero,” was involved in a marijuana trafficking conspiracy which began operations in 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, NY, Philadelphia, Pennsylvania, and Rochester, NY. The organization acquired marijuana from suppliers in Mexico. Espinoza, who is from Mexico and lived in the Tucson area during some of the time frame of the conspiracy, was responsible for acquiring marijuana from sources in Mexico and selling it to other members of the conspiracy who shipped it to the Northeast.   

At the May 2014 trial of co-defendant, Raul Eduardo Rivera de la Torre, a government witness, who was involved in the conspiracy, testified that he would purchase marijuana from Espinoza, as well as others, and would be assisted by de la Torre, who would translate for Espinoza, who spoke Spanish, and the witness, who spoke English. The witness testified that he would utilize various shipping companies to transport marijuana packaged in boxes to various locations in Rochester. He then detailed that he later utilized over-land trucking companies to deliver crates full of marijuana to various locations in the Northeastern United States. Another government witness detailed how he was responsible for receiving the shipments of marijuana in Rochester and that he would distribute the marijuana once it arrived.

The conviction is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division.

Sentencing is scheduled for January 7, 2014, at 3:30 p.m. before Judge Geraci.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Gerardo Hernandez-Barragan, 41, of Mexico, who was convicted of illegal reentry after a conviction of an aggravated felony, was sentenced to 12 months in prison by Chief U.S. District Court Judge William M. Skretny.

                Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that in January of 2014, Hernandez-Barragan, was arrested following a vehicle stop in Kenmore. The defendant was previously been convicted of distribution of marijuana in South Carolina in 2004.

                The sentencing is the culmination of an investigation on the part of United States Customs and Border Protection, under the direction of Randy Howe, Director, Field Operations and the Kenmore Police Department, under the direction of Chief Peter Breitnauer.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that James Parish, 30, of Carlsbad, California, was arrested and charged by criminal complaint with possession with intent to distribute marijuana, conspiracy to distribute marijuana and money laundering conspiracy. The charges carry a maximum penalty of 20 years in prison.

     Assistant U.S. Attorney Frank T. Pimintel, who is handling the case, stated that according to the complaint, on August 21, 2014, the Drug Enforcement Administration seized a package that a person was attempting to ship at a local shipping company. The package contained $66,705 in United States currency. On that same date, the DEA seized a second package containing $77,000 in United States currency that was shipped to a shipping company in Carlsbad, California. An account belonging to the defendant was billed for each of the transactions.

     On September 18, 2014, Parish dropped off two large boxes at the shipping company in Carlsbad, CA to be shipped to the Buffalo area. On September 19, 2014, the boxes were seized by the DEA. According to the complaint, the boxes contained a total of 30 pounds of marijuana.

     On September 30, 2014, the defendant traveled from California to Buffalo to collect approximately $600,000 in payments for the marijuana. Parish was arrested at the Buffalo Niagara International Airport. According to the complaint, the defendant was planning to stay at a hotel on Genesee St. in Cheektowaga. The investigation revealed that Parish shipped a box to the hotel in his name. That box contained an AirSoft Gun, a taser, a bullet proof vest, a knife, handcuffs, a flashlight, a tourniquet strap, bandage kit and a GPS tracking device.   

     A second defendant in this case, Benjamin Golembiewski, 27, of Buffalo, NY, was arrested on September 26, 2014 and charged with conspiracy to distribute marijuana and money laundering. 

     Parish made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy. He is being held pending a detention hearing on October 3, 2014 at 2:00 p.m. before U.S Magistrate Judge Hugh B. Scott.      

     The criminal complaint is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.   

     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.—U.S. Attorney William J. Hochul, Jr. announced today that Kashika Speed, 42, of Buffalo, NY, who was convicted of robbery and extortion, was sentenced to 16 years in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Joseph M. Tripi and Joel L. Violanti, who handled the case, stated that sometime before February 23, 2005, the defendant and others conspired to commit the robbery of cocaine and U.S. currency from an individual involved in the distribution of cocaine on the Buffalo area. On February 23, 2005, the defendant and others went to the victim’s residence in Buffalo, restrained the victim, brandished a firearm, abducted the victim, and threatened to kill the victim unless the individual provided the defendant and his accomplices with cocaine.

As a result, the victim made a phone call to one of his associates, who placed a bag containing two kilograms of cocaine on the porch of a residence in Buffalo. After the defendant and his accomplices secured the bag containing the kilograms of cocaine, they released the victim. 

Speed was arrested along with three others in this case. Charges are pending against Thamud Eldridge, Kevin Allen, and Galen Rose. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Jason Zaifert, 33, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to possession of child pornography. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both. 

                Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on November 21, 2013, Zaifert possessed child pornography on computers, hard drives and thumb drives in his residence in Buffalo. The defendant possessed over 1,000 image and video files. Some of the images included depictions of violence and some of the children were under 12 years old. Zaifert used peer to peer software to download and view the 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 Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations under the direction of Special Agent-In-Charge, James C. Spero.

                Sentencing is scheduled for January 22, 2015 at 12:30 p.m. before Judge Arcara.

Rochester, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Anthony Fretto and Daniel Streff, both of Webster, NY, who are named defendants in the federal indictment charging Clarkson Auto Electric, Inc. and nine individuals in a scheme to defraud the Xerox Corporation, pleaded guilty before U.S District Judge Frank p. Geraci to mail fraud and money laundering conspiracy. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.

           Assistant U.S. Attorneys Bradley E. Tyler and Marisa J. Miller, who are handling the case, stated that Fretto is a principal owner of Clarkson Auto Electric, Inc. and Streff is a former Xerox forklift mechanic. The defendants conspired with others to submit false invoices to the Xerox Corporation requesting payment for new forklift parts that had not been delivered to Xerox, and for forklift part repairs that had not been done. Fretto then conspired with others to launder the illegally obtained proceeds received from Xerox.

            Four of the nine defendant charged in the case have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.                

The pleas are the culmination of an investigation on the part of 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, and the  U.S. Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski.

Sentencing for both defendants is scheduled for January 6, 2015, at 3:00 p.m. before Judge Geraci.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Robert Reed, 49, of Bradford, PA, who was convicted of conspiracy to transport firearms outside state of residency, was sentenced to time served and two years supervised release by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on October 7, 2008, the defendant, in exchange for crack cocaine, attempted to purchase a .45 caliber firearm for co-defendant Juan Lopez. However, the sales clerk was suspicious of the defendant’s behavior and refused to sell the firearm to Reed. At the time of the attempted purchase, the defendant knew that Lopez intended to bring the firearm into New York State to use it for an unlawful purpose.

Reed was arrested, along with Juan Lopez, Robert Reed, Jacqueline Runyan, Trisha Amidon, Robert Johnson, Misty Mihalko, Amy Hollingsworth, and Brett Abrams. Juan Lopez recruited the co-defendants residing in Pennsylvania to purchase firearms for him in exchange for cocaine and money. As a convicted felon, Lopez was unable to purchase guns on his own, prompting the need for the straw purchases. Lopez went to stores that sold guns in Pennsylvania with some of the co-defendants to select the firearms he wanted them to purchase. Lopez then brought the guns purchased in Pennsylvania back to the Buffalo area. Some of the firearms were recovered after being used in various crimes in Buffalo.  

All of the defendants have been convicted and sentenced except for Juan Lopez who is scheduled to be sentenced by Judge Skretny on November 5, 2014 at 2:00 p.m.

Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge James S. Higgins, New York Field Division.

Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Eugene Domenico, 61, of Lockport, NY, pleaded guilty to three counts of theft from a health care benefit program, before Chief U.S. District Judge William M. Skretny. The charges carry a maximum penalty of three years in prison and a fine of $100,000 or both.

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

“As we said earlier this week, fraud in the health care industry drives up costs for the rest of the public,” said U.S. Attorney Hochul. “This second conviction in less than a week demonstrates that our Office will continue to vigorously prosecute this type of fraud.”

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

Sentencing is scheduled for February 4, 2015, at 9:00 a.m. before Judge Skretny.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Henry Lloyd, 28, of Buffalo, N.Y., who was convicted of conspiracy to commit money laundering, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that Lloyd conspired with others to transport $364,000 in a vehicle equipped with a hidden compartment where the money was secreted. The vehicle was stopped in eastern Texas where law enforcement officers discovered and seized the currency. Lloyd admitted the money was going to be used to buy cocaine. As part of the conspiracy, the defendant laundered $34,000 in drug proceeds to purchase vehicles from a local car dealer.

The case is related to a multi-kilogram cocaine distribution network between Buffalo and Houston, Texas. Twenty defendants were arrested in that case and to date, 19 have been convicted.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge James S. Higgins, New York Field Field Division.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal jury in Buffalo has convicted Nina Jafari, a licensed clinical social worker, 63, of Amherst, N.Y., of four counts of health care fraud. The defendant faces a maximum penalty of 10 years in prison, a fine of $250,000 or both when sentenced.

“One of the reasons for the high cost of health care in this country is fraud,” said U.S. Attorney Hochul. “Thanks to today’s convictions, a woman who abused her position as a health care provider to illegally enrich herself will no longer be able to run up costs for the rest of the public.”

Assistant U.S. Attorneys Michael DiGiacomo and Aaron J. Mango, who handled the prosecution of the case, stated that the defendant defrauded Blue Cross Blue Shield of Western New York. Jafari submitted reimbursement claim forms to the insurance provider for services that were not rendered. For example, a witness for the Government testified that the defendant submitted claim forms for both he and his wife who were not even patients of Jafarai. The defendant received payment for 80 minute sessions for both the husband and wife.  

The Government’s evidence also included tape recorded conversations between the defendant and a patient. In those conversations, Jafari instructed the patient not to share any information with Blue Cross Blue Shield regarding dates of service.

The amount that the defendant defrauded the insurance carrier totaled approximately $125,000.

The verdict is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Health Care Fraud Task Force.

Sentencing is scheduled for December 5, 2014 at 2:00 p.m. in Buffalo before Judge Elizabeth A. Wolford who presided over the trial of the case.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Nancy Cedeno, 40, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer, to conspiring to commit wire fraud. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant used online, e-commerce sites, including eBay.com and Amazon.com, to sell stolen merchandise to unwitting buyers. Cedeno used Rochester Consignment Broker, a consignment business in Rochester that she owns with her husband Brian Leonard, to purchase goods and merchandise that she knew to be stolen. The couple then advertised and sold or attempted to sell the items to buyers online, all while falsely representing that they had lawful ownership of the goods.

Charges against Brian Leonard 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 was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and members of the Rochester Police Department under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for December 17th, at 2:00 p.m. before Judge Larimer.

Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jason M. Smith, 34, of Tonawanda, NY, has been arrested and charged by criminal complaint with production of child pornography and possession of child pornography. The charges carry a maximum penalty of 30 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney S. Allen, Jr., who is handling the case, stated that, according to the complaint, on April 11, 2014, the Lancaster Police Department executed a search warrant at Smith’s residence on Byron Avenue in Tonawanda. During the search, officers seized an external hard drive. Subsequent examination by the Western New York Regional Forensic Laboratory determined the hard drive contained child pornography. Further investigation determined that the defendant was producing some of the child pornography at his residence. Some of the images depicted Smith engaged in sexual contact with what appears to be a minor, under the age of 10.

Smith was in court today before U.S Magistrate Judge Jerimiah J. McCarthy for a detention hearing. The defendant is being held.

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

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

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

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Jimmie Lee Simmons, 60, of Rochester, NY, who was convicted of acquiring Oxycodone through fraud, was sentenced by U.S. District Judge David G. Larimer to six months in prison and ordered to pay restitution of $367.55. In addition, Shantel Williams, 37, also of Rochester, who was convicted of conspiring to fraudulently obtain and distribute Oxycodone, was sentenced by Judge Larimer to 12 months and ordered to pay restitution totaling $11,135.70.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Shantel Williams wrote fraudulent prescriptions for OxyContin, which she then sold to Jimmie Lee Simmons and James Marsh. Simmons located individuals willing to participate in the scheme by sharing their Medicaid information with him.  Simmons provided the Medicaid information to Williams, who wrote fraudulent scripts using this information, and sold them to Simmons for $860 each.  Simmons then took the named beneficiaries to local pharmacies to fill the prescriptions, and paid them $100 for each prescription. From July 2008 to March 2010, Williams wrote and sold at least 20 fraudulent OxyContin prescriptions.

Williams and Simmons were arrested along with five others in December 2012. All seven defendants have been convicted.

The sentencing was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Division, and Investigators of the New York State Attorney General, Medicaid Fraud Control Unit, under the direction of Acting Director Amy Held.

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Kenyatta Hubbard, 33, of Rochester, NY, who was convicted of conspiring to defraud the United States, was sentenced by U.S. District Judge David G. Larimer to five years probation.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Hubbard worked at McFarland Tax Company which was owned by co-defendant Chauncee McFarland who has also been convicted of conspiring to defraud the United States. Between January 2010 and February 2012, Hubbard worked with McFarland to prepare dozens of false income tax returns for clients, including fake Forms W-2, in order to fraudulently increase the size of the refunds claimed. As a result of the scheme, the Internal Revenue Service paid more than $400,000 in improper refunds.

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 Vasile Leu, 34, of Chisinau, Moldova, pleaded guilty to using a fraudulent Czech Republic passport before U.S. District Judge Charles P. Siragusa. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both.

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

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

Sentencing is scheduled for January 6, 2015, at 3:15 p.m. before Judge Siragusa.