Western District of New York

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tuffek Mohammed Ali Saleh, 41, a citizen and national of Yemen, who was convicted of making a false statement on an immigration document, was sentenced to 1 year probation by U.S. District Court Judge Charles J. Siragusa. He was also ordered to pay a $1,000 fine.

Assistant U.S. Attorney Craig R. Gestring, handled the case, stated that in April 2012, the defendant applied for U.S. Citizenship under the name Yehya Muthana Ali. During the processing of Saleh's application, it was determined that the defendant had previously applied to enter the United States using a different identity, including a different name and date of birth.

During the investigation, officials from the Department of Homeland Security conducted an immigration interview with the defendant. During this interview, the defendant was again asked several times about his identity, and he repeatedly denied ever using another name to try to enter the United States.

The plea is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the New York State Police, under the direction of Major Mark Koss, and the United States Department of State, Diplomatic Security Service, under the direction of Resident Special Agent in Charge, Andrew Wright.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Tarrek Williams, 27, of Buffalo, NY, pleaded guilty before U.S. District Court Chief Judge William M. Skretny, to bank fraud.  The charge carries a maximum penalty of 30 years in prison and a fine of $1,000,000.

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

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

Sentencing is scheduled for December 17, 2014 at 11:00 a.m.

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Darnell Brown, 30, of Buffalo, N.Y., pleaded guilty to conspiracy to possess with intent to distribute 280 grams or more of cocaine base within the Perry Housing Projects before Chief U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.

 
Assistant U.S. Attorney Timothy C. Lynch, who is handling the Perry Projects case, stated that the investigation focused on the drug trafficking activities of Tyshawn Bradley, Darnell Brown, Dallas McLamore and their associates. According to the indictment, Bradley, Brown, McLamore and Eric Ross operated a cocaine base and cocaine distribution organization on a daily basis out of several apartments within the Perry Housing Projects, including apartments within the high-rise towers located at 124 Fulton Street and 305 Perry Street. Law enforcement utilized court ordered wire interceptions, undercover drug purchases, covert cameras and traditional police investigative techniques to infiltrate and dismantle this organization.

On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.

“As we stated before we will not permit anyone to hurt the safety and security of people living in public housing,” said U.S. Attorney Hochul. “Thanks to this prosecution, children are now safe to play both inside and outside the Perry apartments, while residents can live in peace knowing that Darnell Brown, Eric Ross and others who sold drugs in these units have been convicted. We will continue the success of this case by bringing additional cases against remaining City gangs in the near future.”

Brown was arrested in April 2013 along with 12 others including Tyshawn Bradley and Nannette Brown both of Cheektowaga, N.Y., Darnell Brown, a/k/a D, 29, Dallas McLamore, a/k/a Ice, a/k/a Dal, Brandon Atkins, a/k/a YB, Tashawn Gay, Melvin Tucker, a/k/a Hoff, David Varner, Latifah Donaldson, a/k/a LaLa,  Tara Robinson, a/k/a Coek, and Phayon Redmond, a/k/a Booper, all of Buffalo. Brown is the third defendant to be 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 plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, the New York State Police, under the direction of Major Matthew Renneman, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

Sentencing is scheduled for January 14, 2015 at 9:00 a.m.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jordan McCloud, 22, of Rochester, NY, has been charged in a criminal complaint with producing child pornography and possessing child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, a fine of $250,000 or both.

“This Complaint, together with yesterday’s arrest of Shamell Robinson, should serve as a warning to anyone who would dare harm a child and daughter of this community,” said U.S. Attorney Hochul. “While the defendants stand accused of laughing during this particular rape, if convicted, they will learn there is nothing remotely amusing about the potential punishment for this crime. We will continue our pursuit of child predators until all are brought to justice, and so that no other innocent victim need endure the scars of such abuse.”   

Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the complaint, the defendant used his cellular phone to film co-defendant Shahmell Robinson while Robinson raped a female child under the age of 16. The conduct occurred at a residence in Greece on August 8, 2014. The videos came to the attention of law enforcement when another individual posted them on Facebook.com.

McCloud has not been taken into police custody. Law enforcement officers are asking the public to be on the lookout for the defendant. If you have any information regarding his whereabouts, please call 911. McCloud is a black male, 22 years old, 6’1” tall, 140 pounds. Co-defendant Shahmell Robinson was arrested on August 19, 2014 and is being held in police custody.     

The criminal complaint is the culmination of an investigation on the part of members of the Federal Bureau of Investigation’s Cyber Task Force, along with Task Force 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 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 Richard E. Riedman, 40, of Webster, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to distribute and possession with intent to distribute, methamphetamine. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the charges stemmed from a joint federal, state and local investigation, which revealed that the defendant was responsible for obtaining quantities of methamphetamine from drug suppliers, including fellow Rochester Hell’s Angels member James H. McAuley, Jr., and distributing those 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, NY, and Donna Boon, of Oakfield, NY, and Gordon L. Montgomery, of Batavia, NY, are charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Another 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, Rochester Hell's Angels member Robert W. Moran, Jr. a/k/a Bugsy, of Rochester, along with Gina Tata, of Rochester, are charged in the same indictment with assault with a dangerous weapon in aid of racketeering activity. Moran and Tata are also 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.

The plea is 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 Major Scott Crosier, 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.

Sentencing is scheduled for November 24, 2014, at 10:00 a.m. before Judge Siragusa.

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jacquelyn Witman, 32, formerly of Buffalo, N.Y., now residing in the Atlanta, Georgia, who was convicted of conspiracy to possess with intent to distribute, and to distribute, marijuana, was sentenced to time served, six months home detention and two years supervised release by Chief U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2010 and February 2011, the defendant conspired with others to distribute marijuana. On February 21, 2011, Witman attempted to board a flight at the Buffalo Niagara International Airport to Arizona. During a security screening, screeners found $21,150 in U.S. currency, money the defendant admitted was the proceeds of marijuana sales.

During the investigation, law enforcement officers seized approximately $1,000,000 in U.S. currency.

Other defendants charged in the case include Shane Grafman, of Phoenix, Arizona and Elijah Chaffino, of Tempe Arizona, who have been convicted and are awaiting sentencing. Charges are still pending against defendants Jordan Ali, formerly of Alden, N.Y, Jason Nati and Gabriel Rodriguez, both of Buffalo, N.Y. 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 investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero; 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; United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Shelly A. Binkowski; Federal Bureau of Investigation; Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; Niagara Frontier Transit Authority, under the direction of Chief George Gast; Tempe, Arizona Police Department; Apache County, Arizona Sheriff's Department; and Oklahoma State Police.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Shahmell Robinson, 21, of Rochester, N.Y., was arrested and charged by criminal complaint with producing child pornography and conspiring with others to produce child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, a fine of $250,000 or both.

Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the complaint, the defendant raped a female child under the age of 16, while another individual filmed the incident. The conduct occurred at a residence in Greece on August 8, 2014. The videos came to the attention of law enforcement when another individual posted them on Facebook.com.

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 members of the Federal Bureau of Investigation’s Cyber Task Force, along with Task Force 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 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 Rai Johnson, 35, of Buffalo, N.Y., who was convicted of violating the Clean Air Act Asbestos Work Practice Standards, was sentenced to time served, 160 days, and two years of supervised release by District Court Judge Richard J. Arcara.

Assistant U. S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was a supervisor at Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010.

During the asbestos abatement of building A-1, Johnson, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by: (i) failing to adequately wet Regulated Asbestos during stripping and removal operations; (ii) failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers; and (iii) causing Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.

This is the fifth defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Ernest Johnson, other defendants who have plead guilty include JMD project monitors Brian Scott, Evan Harnden and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann.  The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.

The conviction 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 Michael Bland, 18, of Buffalo, N.Y., who was convicted of bank robbery, was sentenced to 51 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Bland robbed three M&T Banks located at 1300 Jefferson Avenue in Buffalo, 750 Main Street in Niagara Falls, and 1877 Main Street in Buffalo, between August 21, 2013 and September 4, 2013.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, the Buffalo Police Department, of under the direction of Commissioner Daniel Derenda, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Novel Rogers, 26, of Buffalo, N.Y., who was convicted of selling counterfeit currency, was sentenced to time served and three months home confinement by Chief U.S. District Judge William M. Skretny. 

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that during an approximately two month period in 2013, Rogers manufactured over $20,000 in counterfeit currency. The defendant then sold approximately $6,000 of the currency with the intent that it be passed as true and genuine.

The sentencing is the result of an investigation by Special Agents from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Ernest Johnson, 42, of Buffalo, N.Y., who was convicted of violating the Clean Air Act Asbestos Work Practice Standards, was sentenced to two years of probation by U.S. District Court Judge Richard J. Arcara.

Assistant U. S. Attorney Aaron J. Mango and Russell T. Ippolito, Jr., who handled the case, stated that the defendant was the president of Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010.

During the asbestos abatement of building A-1, the defendant, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by failing to adequately wet Regulated Asbestos during stripping and removal operations and by failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers. The defendant also caused Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.

This is the fourth defendant to be sentenced as part of the Kensington Towers asbestos abatement project. In addition to Rai Johnson, other defendants who have plead guilty include JMD project monitors Brian Scott, Evan Harnden and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann.  The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.

The conviction was 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, William V. Lometti; Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Brian P. Boetig; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Rene Febles; 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.

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that  Marques Williams, 28, of Rochester, N.Y., pleaded guilty to sex trafficking of a minor before U.S. District Judge David G. Larimer The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated the FBI received information that the defendant advertised a fifteen-year-old female as a prostitute on the Internet classified advertising service, Backpage.com. The minor victim was interviewed by the FBI and said that between July 2011 and September 2011, she worked as a prostitute for Williams. During the plea proceeding, Williams admitted to paying and posting ads for the minor for prostitution activities on Backpage.com, knowing that the minor was under the age of 18 years. 

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 Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief Michael Ciminelli,  Special Agents with Immigration and Customs Enforcement,  Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge 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, Jr. announced today that Evan Harnden, 45, from North Tonawanda, N.Y., who was convicted of a misdemeanor charge of being an accessory after the fact to a false statement under the Clean Air Act, was sentenced to one year probation by District Court Judge Richard J. Arcara.

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

As part of the plea, the defendant admitted that during the abatement for building A-1, Ernest Johnson, Rai Johnson, and workers employed by them violated the Clean Air Act asbestos work practice standards by: (i) failing to adequately wet Regulated Asbestos during stripping and removal operations; (ii) failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers; (iii) causing Regulated Asbestos to be dropped down holes cut through the floors in Building A-1; and (iv) failing timely to dispose of all Regulated Asbestos stripped and removed from building A-1. During the abatement process, the defendant aided and abetted the above-described violations by conducting visual inspections and final clearance air sampling that indicated no violations of the asbestos work practice standards had occurred.

This is the third 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 Brian Scott and Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann.  The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.

"The health dangers associated with asbestos are well known," said Vernesa Jones-Allen, Special Agent in Charge of EPA's criminal enforcement program in New York.  "The defendant admitted that he falsified inspection reports, which indicated to authorities that the demolition work was performed according to regulations and that asbestos contaminated materials had been removed safely. Today's sentencing should serve notice that EPA and its partner agencies remain committed to tough enforcement of our nation's environmental laws."

The conviction was 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, William V. Lometti; 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 Rene Febles; 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 Demerius Rivera, 33, of Buffalo, N.Y., who was convicted of possession with intent to distribute marijuana, was sentenced to 18 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 June 6, 2012, officers with the Buffalo Police Department Narcotics Unit and the Lancaster Police Department SWAT Team executed a search warrant at 77 Landon Street in Buffalo. During the search, the SWAT Team encountered the defendant in a rear bedroom. Officers found 25 ounces of marijuana packaged for sale in a dresser.  Upon questioning, Rivera admitted that the marijuana was his and that there were two guns “under the bed” in the bedroom. Officers recovered two shotguns under the bed, and a third shotgun in the basement.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Carlo J. Marinello, II, 68, of Williamsville, N.Y., was convicted by a federal jury of one count of obstructing and impeding the due administration of the Internal Revenue Code, four counts of failing to file personal income tax returns, and four counts of failing to file corporate tax returns with the Internal Revenue Service. The charges carry a maximum sentence of three years in prison, a fine of $250,000 or both.

Assistant U.S. Attorneys Russell T. Ippolito, Jr. and John E. Rogowski, who handled the prosecution of the case, stated that Marinello was the manager and owner/operator of Express Courier Group/Buffalo Inc. (“Express Courier”), a corporation formed to commercially transport letters and documentation between businesses in New York and Canada. The business earned hundreds of thousands of dollars in revenues but the defendant failed to file tax returns for the company or personal tax returns for earned income.

According to the Government’s evidence, Marinello hid the income and obstructed and impeded the due administration of the Internal Revenue Code by: (1) failing to maintain corporate books and records for Express Courier; (2) failing to provide his accountant with complete and accurate information related to the defendant’s personal income and the income of Express Courier; (3) destroying, shredding and discarding business records of Express Courier; (4) cashing business checks received by Express Courier for services rendered; (5) hiding income earned by Express Courier in personal and other non-business bank accounts; (6) transferring assets to a nominee; (7) paying employees of Express Courier with cash; and (8) using business receipts and money from business accounts to pay personal expenses, including the mortgage for the residence in which the defendant resided and expenses related to care for Marinello’s mother care at a senior living center.

The defendant failed to file personal income tax and corporate tax returns for tax years 2005 through 2008.

The verdict is the culmination of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent in Charge Shantelle Kitchen.

Sentencing is scheduled for November 24, 2014 at 9:00 a.m. before Chief U.S. District Judge William M. Skretny who presided over the trial.

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a seven-count superseding indictment charging Brandon Correa, 30, of Rochester, N.Y., with making multiple direct threats to kill the President of the United States, Barack Obama. The defendant is also charged with making multiple online threats to kill New York Governor Andrew Cuomo, New York Lieutenant Governor Robert Duffy, and Rochester Mayor Lovely Warren. Each count is punishable by five years in prison and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, the defendant, who had previously been indicted for posting online threats to kill President Obama, Governor Cuomo, and Lieutenant Governor Duffy in June, made and posted new threats against them following his arraignment on those charges last week. Correa also made new online threats against Rochester Mayor Lovely Warren. The defendant was interviewed following the June threats and told a Secret Service Agent that the President had to “die.”

The defendant will be arraigned later this week before U.S. Magistrate Judge Marian W. Payson.

The superseding indictment is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge, Tracy Gast, Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins, and Investigators from the Rochester Police Department, Major Crimes Unit, 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 Iurie Stratenco, 26, a citizen of Moldova, who was convicted of wire fraud, was sentenced to eight months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution in the amount of $20,000.

Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that the defendant used a fraudulent passport from Denmark in the name of Christian Bendtner, to open up several bank accounts in the Buffalo area. Stratenco then placed false advertisements on eBay for “Can-Am Spyder” and “Honda Goldwing” motorcycles. The defendant directed interested buyers to wire money into one of the bank accounts opened under the name Christian Bendtner. Stratenco told victims the money would go into an eBay holding account until the merchandize was shipped. Instead, the money went directly into one of the fraudulent accounts. During the course of the scheme, the defendant transferred $17,500 of the money wired into the fraudulent accounts to an individual located in the Ukraine. As a result of Stratenco’s actions, individuals wired $49,300 to the fraudulent bank accounts.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul announced today that Brian Scott, 34, of North Tonawanda, N.Y., who was convicted of a misdemeanor charge of being an accessory after the fact to a false statement under the Clean Air Act, was sentenced to one year probation by U.S. District Court Judge Richard J. Arcara.

Assistant U. S. Attorney Aaron J. Mango, who handled 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.

During the abatement for building A-1 by Johnson Contracting, Rai Johnson wrote in his daily project log that all asbestos-containing floor tile had been removed from the building, when in truth, all asbestos floor tile had not been removed. Thereafter, on July 7, 2009, the defendant conducted a visual inspection of building A-1 for floor tile and issued a satisfactory visual inspection, when in truth, the defendant was aware that all asbestos-containing floor tile 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 second 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 Chris Coseglia and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The remaining defendants will be sentenced before U.S. District Court Judge Richard J. Arcara.

“Our environmental laws are designed to protect not only those who live near projects like the Kensington Towers, but also those who work to remove the dangerous asbestos from such sites” said U.S Attorney Hochul. “Those who take short cuts in cleaning up environmental sites or assist in the cutting of corners will be brought to justice for the safety of not only residents but those directly involved in the cleanup.”

“To fulfill its mission of protecting human health and the environment, EPA must work with information that is accurate and truthful,” said Vernesa Jones-Allen, Special Agent in Charge of EPA’s criminal enforcement program in New York.  "The health dangers associated with asbestos are well documented and authorities must be certain that contaminated materials are disposed of properly, as prescribed by law.”

The conviction was 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, William V. Lometti; Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Brian P. Boetig; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Rene Febles; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett.  Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael C. Kaufman, of Pittsford, N.Y., who was convicted following a federal jury trial of conspiracy to commit bank and loan fraud, as well as bank and loan fraud, was sentenced to a 12 months in prison and ordered to pay restitution in the amount of $1,360,893.72 by U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorneys Craig R. Gestring and Bradley E. Tyler, who handled the trial of the case, stated that between 2002 and June 2008, the defendant, and his son Richard Kaufman, directed the Controller of American Industrial Sales, d/b/a RAK Industries, to provide false financial statements to Key Bank, and to the company’s outside accounting firm. The false financial statements significantly overvalued the accounts receivable and inventory, which were the two assets that Key Bank relied upon as collateral for a total loan credit of $2,000,000.

The loan proceeds were used by the defendants to fund their personal lifestyles including expensive homes, generous salaries and country club memberships. After the defendants defaulted on the Key Bank loan in the summer of 2007, they converted to their personal use approximately $53,000 of accounts receivable proceeds that were the property of Key Bank. As a result of the fraud scheme, Key Bank suffered an immediate loss of over $1.5 million.

Richard Kaufman was also convicted at trial and sentenced to 46 months in prison.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and Postal Inspectors with the United States Postal Inspection Service under the direction of Shelly A. Binkowski, Postal Inspector in Charge, Boston Division.

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ROCHESTER N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Edward Brown, 51, of Rochester, N.Y., was arrested and charged by a criminal complaint with bank robbery. The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, the defendant entered the Citizens Bank at 40 Franklin Street in Rochester on June 25, 2014 and told the teller “I got a gun in my waist, I don’t want anybody to get hurt. Give me money in small bills.” The teller gave Brown a specific amount of money.

The complaint further states that on July 31, 2014, the defendant entered the same Citizens Bank, approached a teller and said “Give me money in small bills.” The teller again gave Brown a specific amount of money.

The defendant entered the Franklin Street branch a third time on August 4, 2014. On that date, Brown told the teller “I have a gun and I’ll use it.” Once again, the teller gave Brown a specific amount of money.    

The defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and is being held without bail. Brown is due back in court on August 27, 2014 at 9:00 a.m.

The criminal complaint is the culmination of an investigation on the part of the Rochester Police Department’s Major Crimes and Tactical Units, under the direction of Chief Michael Ciminelli, the Federal Bureau of Investigation, and the NYS Department of Corrections and Community Service under the direction of Acting Commissioner Anthony J. Annucci.

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 Brandon Correa, 30, of Rochester, N.Y., was arrested on new charges of making a direct threat to kill the President of the United States, Barack Obama. The defendant is also accused of making new online threats to kill New York Governor Andrew Cuomo and New York Lieutenant Governor Robert Duffy. Each count is punishable by 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 a criminal complaint, the defendant, who was indicted on August 5, 2014 on similar charges, was on Twitter and Facebook within the last 48 hours posting new threats. Some of the new postings included photographs of President Obama, Governor Cuomo, and Lt. Governor Duffy and the text “…you three get ready to die”.

The defendant appeared before U.S. Magistrate Judge Marian W. Payson this afternoon and was detained. Correa is due back in court on August 11, 2014 at 3:00 p.m. before Judge Payson. 

The complaint is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge, Tracy Gast, and Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins.

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 James Marsh, 73, of Rochester, N.Y., was found guilty at trial before U.S. District Judge David G. Larimer, of conspiracy to possess with intent to distribute, and to distribute, oxycodone, and to acquire and obtain possession of oxycodone by misrepresentation, fraud, forgery, deception and subterfuge. The charges carry a maximum penalty of 20 years in prison and a fine of $1,000,000 or both.

“This case demonstrates one of the ways in which powerful and addictive prescription opiates enter the black market world of illegal narcotics traffickers,” said U.S. Attorney Hochul. “With the entire nation confronting the scourge of opiate abuse, this Office will continue to prosecute those who contribute to this epidemic regardless of age or status of the defendant.”

Assistant U.S. Attorneys John Field and Charles Moynihan, who handled the prosecution of the case, stated that the Government’s evidence showed that the conspiracy began in November of 2008 and continued through March of 2010. During that time frame, members of the conspiracy acquired oxycodone through the use of fraudulent prescriptions and then distributed it.

Witnesses for the Government detailed how they acquired Oxycontin tablets and provided them to the defendant. Marsh, who also used the names “Joe Black” and “Cowboy,” requested that another co-conspirator who held the position of office manager at a doctor’s office, write a prescription for sixty 80 milligram tablets of Oxycontin in exchange for a cash payment of between $340.00 and $380.00. The defendant also requested that the prescriptions be written in the names of other co-conspirators, who acted as fraudulent patients. Furthermore, Marsh would drive the fraudulent patients to the various pharmacies in the Rochester area to fill the prescriptions. The defendant then took the Oxycontin tablets from fraudulent patients and paid them $100.00.

Over 50 such prescriptions were written during the course of the conspiracy. In addition, the New York State Medicaid program was utilized by the conspirators to pay for the prescriptions.   

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 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.

Sentencing is scheduled for October 29, 2014, at 2:00 p.m. before Judge Larimer.

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Bernard T. Grucza, 38, of Elma, N.Y., who was convicted of possession of a firearm by a person subject to as domestic violence order of protection, was sentenced to 18 months in prison by Chief U.S. District Court Judge William M. Skretny. The defendant was also ordered to pay $223,000 in restitution to his former employer Toys R Us.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant made false written statements to Big Daddy Guns in order to obtain a Ruger .380 caliber pistol. Between July 13, 2013 and October 16, 2013, the defendant possessed the pistol despite being the subject of a restraining order issued by Elma Town Court. In addition, Grucza made false statements to Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives that he had destroyed the pistol and thrown out the parts when in fact he had not.      

The defendant stole over $200,000 worth of merchandise and cash from Toys R Us and sold the merchandise on eBay.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge James S. Higgins, the Federal Bureau of Investigation, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Hamburg Police Department, under the direction of Michael Williams.

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BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Alexy Diaz, 31, of Buffalo, N.Y., pleaded guilty to possession of a firearm by an armed career criminal, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of life, a fine of $250,000 or both.   
 
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on November 22, 2011, the defendant possessed a firearm at 1160 Kensington Avenue in Buffalo. Diaz was previously convicted of three violent felony or serious drug offenses in state court making him and armed career criminal.

The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation’s Safe Streets Task Force.

Sentencing is scheduled for November 25, 2014 at 1:30 p.m. before Judge Arcara.

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has handed down an indictment charging 17 members and associates of the Schuele Boys Gang, a group which operated in the Schuele Street area of the East Side of Buffalo, with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.

In the indictment, the Government is also seeking the forfeiture of $250,000 in United States currency, money believed to be the proceeds of drug trafficking activities, as well as firearms and ammunition.

Named in the indictment are:

•             Antwan Garner, 29, Buffalo
•             Aaron Glenn, 41, North Tonawanda
•             Jerome Grant, 33, Buffalo
•             James Hicks, 44, Buffalo
•             Xavier Hill, 42, Buffalo
•             Demetrius Holmes, 23, Buffalo
•             Damario James, 32, Buffalo
•             Fred Johnson, 21, Buffalo
•             Ikeem Lyons, 21, Buffalo
•             Benjamin Peoples, 25, Buffalo
•             Demario Robbins, 23, Buffalo
•             Michael Robertson, 24, Buffalo
•             Spencer Rogers, 50, Buffalo
•             Antwon Steward, 31, Buffalo
•             Shawntorrian Travis, 34, Buffalo
•             Andre Wise, 36, Buffalo
•             Marcel Worthy, 30, Buffalo

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the original complaint that was filed in the case, the investigation utilized wire and electronic communications, confidential sources, controlled purchases of narcotics, and physical and video surveillance, to identify conspirators associated with the Schuele Boys Gang distribution network. The complaint further states that in addition to buying and selling illegal narcotics, the defendants were also involved in committing acts of violence including shootings.

The members and associates are alleged to have attempted to thwart law detection by law enforcement officers through the frequent changing of cellular telephones. The defendants also are alleged to have used other counter-surveillance techniques, including utilizing and frequently changing rental vehicles, employing evasive driving techniques, and speaking in coded language. 

The indictment is the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.  

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 a federal grand jury has returned an indictment charging Brandon Correa, 30, of Rochester, N.Y., with making a direct threat to kill the President of the United States, Barack Obama. The defendant is also accused of making online threats to kill New York Governor Andrew Cuomo and New York Lieutenant Governor Robert Duffy. Each count is punishable by five years in prison and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, the defendant posted online threats to kill President Obama. Correa also posted threats to kill Governor Cuomo and Lieutenant Governor Duffy. The defendant was interviewed shortly after posting the threats to kill the President and told a Secret Service Agent that the President was “evil” and that he had to “die”.

The defendant was arraigned before U.S. Magistrate Judge Jonathan W. Feldman this afternoon. Correa was released and is due back in court on August 8, 2014 at 2:00 p.m. before U.S. Magistrate Judge Marian W. Payson. 

The Indictment is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge, Tracy Gast, and Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins.

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 a federal grand jury in  has returned an indictment charging Humayun Farid, (a/k/a Jimmy Farid), 35, and Aysha Humayun, (a/k/a Aysha Hussain), 33, of Henrietta, N.Y., with conspiracy to commit mail fraud, mail fraud and filing a false tax return. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that according to the indictment, the defendants conspired to defraud Intuit, Inc., the manufacturer of TurboTax and Quicken software products. As part of the scheme, the defendants contacted Intuit, claimed that software discs they purchased were lost, stolen or damaged, and requested free replacement discs. Intuit then mailed the free replacement discs to the defendants at addresses in Henrietta and Maryland. Farid and Humayun then advertised and sold the discs on eBay.com to buyers around the country, and kept the proceeds for their own profit. Between November 2009 and June 2011, the defendants are alleged to have falsely and fraudulently obtained thousands of copies of software to which they were not entitled and were not authorized to sell.

The Indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Inspectors of the United States Postal Inspection Service, under the direction of Inspector Shelly Binkowski, and Special Agents of the Internal Revenue Service – Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle Kitchen.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jorge Melendez, 42, of Buffalo, N.Y., pleaded guilty to conspiracy to manufacture more than 100 marijuana plants. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 40, a fine of $5,000,000 or both.   
 
“This defendant - while on duty - violated both his oath and the law by participating in a drug operation." Regrettably, this is the second police officer to be convicted of or sentenced for such conduct in the past several weeks. While the vast majority of Officers deserve our highest praise for keeping us safe each and every day, cases such as this send a strong message to all that any abuse of the badge will be vigorously prosecuted.”    
 
Assistant U.S. Attorney Eric M. Opanga, who is handling the case, stated that on May 31, 2012, Melendez, along with co-defendants Jason Elardo and Robert Osika, were arrested after a long term investigation into a large scale marijuana grow operation at three locations. Specifically, Melendez and Elardo maintained a marijuana grow operation at a warehouse located at 2157 South Park Ave. in Buffalo.  During the course of an investigation into the cultivation and distribution of marijuana, law enforcement officers installed hidden surveillance equipment on the second floor of the South Park Ave. warehouse where a grow operation was located. A review of surveillance video showed Melendez and Elardo tending to over 100 marijuana plants.
 
Prior to installing cameras inside the warehouse, officers monitored the outside of the building, also using surveillance cameras. Melendez was observed arriving in a Buffalo Police patrol car, while on duty, and entering and exiting the location. The defendant worked in the Buffalo Police Department's "D" District, however the warehouse is located in the "A" District.
 
The outside surveillance cameras also observed Elardo entering the warehouse on a daily basis to tend to the marijuana grow operation. In addition, officers obtained credit card information indicating that Elardo purchased equipment used to sustain an indoor, hydroponic marijuana grow operation. The equipment included a dehumidifier and filters.     
 
At one point during the investigation, officers observed a police badge and credentials belonging to Melendez inside the warehouse. Melendez claimed to have previously lost the badge and identification.   
 
On May 31, 2012, two additional locations were found to contain grow operations.  A warehouse located at 1372 Clinton Street in Buffalo and a residence located at 76 West Woodside, both owned by Jason and third co-defendant Gale Elardo, were found to contain a marijuana grow operation. The residence also was found to contain marijuana packaged for sale and two firearms.
 
Defendants Osika and Gale Elardo have been convicted and are awaiting sentenced. Jason Elardo is deceased.
 

The plea is the culmination of an investigation on the part of Investigators of the New York State Police, under the direction of Major Michael Cerretto, the Drug Enforcement Administration, under the direction of James J. Hunt, Acting Special Agent in Charge, New York Field Division, Special Agents of the Federal Bureau of Investigation, and the Buffalo Police Department under the direction of Commission Daniel Derenda.

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Harris Hickman, 31, of Rochester, N.Y., was arrested and charged by criminal complaint with sex trafficking of a minor and sex trafficking using force fraud or coercion. Sex trafficking of a minor carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a fine of $250,000. Sex trafficking using force, fraud or coercion carries a mandatory minimum penalty of 15 years in prison, a maximum penalty of life and a fine of $250,000.
 
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, a woman reported that Hickman had used force to coerce her to engage in prostitution activities. In addition, Hickman posted advertisements for the prostitution using Backpage.com. The woman also reported that the defendant got a fifteen year old minor involved in prostitution using Backpage.com as well.
 
The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of  James C. Spero, Special Agent in Charge.
 

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 Richard Dwyer, 28, of Barker, N.Y., pleaded guilty to conspiracy to import alpha-PVP, a synthetic narcotic, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.

According to Assistant U.S Attorney Mary Catherine Baumgarten, who is handling 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.

Charges against Erin Dwyer and David Jackson 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 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 Acting Special Agent in Charge Shelly Binkowski,

Sentencing is scheduled for November 13, 2014 at 1:00 p.m. before Judge Arcara.

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that George Eric Brumfield, 48, of Atlanta, Georgia, who was convicted of conspiring to commit wire fraud, was sentenced to six months in prison to be followed by six months of home detention by U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution of approximately $190,000.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Brumfield worked for Kenneth Griffin in Rochester at Cambridge Personnel in 2007 and 2008. While working there, the defendant agreed to participate in a scheme to defraud factoring companies.  Factoring is a transaction in which a financing company agrees to purchase the accounts receivable of another company, in this case Cambridge Personnel.  The fraud involved the sale of fake accounts receivable, and Brumfield agreed to participate in the fraud by having third parties that he knew “verify” the validity of the fake accounts receivable.

Kenneth Griffin, the owner of Cambridge Personnel and leader of the fraud, was previously sentenced to 46 months for his role in the matter.

The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of  Acting Special Agent in Charge Shantelle Kitchen, and the Federal Bureau of Investigation.

ROCHESTER, N.Y.— U.S. Attorney William J. Hochul, Jr., announced today that a federal grand jury in Rochester, NY has returned a six-count superseding indictment charging Jodia Campbell, 32, Laree Greggs, 37, and Jennifer Miller, 26, all of Rochester, N.Y., with various felonies including conspiracy to commit sex trafficking of a minor, sex trafficking of a minor, transportation of a minor across state lines with intent that the minor engage in prostitution, and transportation of an individual across state lines with intent that the individual engage in prostitution. Conspiracy to commit sex trafficking of a minor carries a maximum penalty of life in prison and a fine of $250,000. Sex trafficking of a minor and transportation of a minor across state lines each carries a mandatory minimum penalty of 10 years in prison and a maximum of life and a fine of $250,000. Transportation of an individual across state lines carries a maximum penalty of 10 years in prison and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, in April 2013, Rochester Police began investigating the alleged prostitution of a 16 year old female from Rochester using the name “Cherry Red” on Backpage.com in Pennsylvania. The 16-year-old alleged that she was recruited by a woman named Jennifer Miller and taken to New Jersey and Pennsylvania to engage in prostitution by Jodia Campbell along with Jennifer Miller and Laree Greggs. Other individuals also alleged having been transported by Greggs, Miller and Campbell at various times, out of state, to prostitute. Investigators reviewed backpage.com ads and found contact information associated with Miller, Campbell and Greggs.

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 the FBI's Cyber 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.

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 a federal grand jury has returned an Indictment charging Igor Kasap, 34, and Arkadiy Kasap, 29, both of Rochester, N.Y., with conspiracy to commit wire fraud and wire fraud. The charges carry and maximum penalty of 20 years in prison and a $250,000 fine. Igor Kasap is also charged with obstruction of correspondence and theft of United States mail, both of which are punishable by five years in prison and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, the defendants placed online advertisements for stolen items on eBay. In one particular case, they tried to sell a stolen pallet of Exxon-Mobil jet engine oil. During the investigation of that incident, law enforcement found over 52,000 pieces of undelivered mail in the defendant’s Gates Warehouse, several thousand of which had been opened.

The defendants will be arraigned before U.S. Magistrate Judge Jonathan W. Feldman on July 31, 2014 at 9:00 a.m. in Rochester.

The Indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Inspectors with the United States Postal Inspection Service, under the direction of Special Agent in Charge Shelly Binkowski, and Officers and Investigators of the Gates Police Department, under the direction of Chief James VanBrederode

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 Junior Nathanial Ricketts, a native of Jamaica, who was convicted of tampering with a witness in order to prevent the witness from testifying against him at trial, was sentenced to time served (three years, 11 months) by Chief U.S. District Judge William M. Skretny.

“As has been said many times before, law enforcement does not tolerate any attempt to subvert the criminal justice system,” said U.S. Attorney Hochul.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in July 2010, Ricketts, who was facing trial on other federal charges, sent a letter to a witness who was scheduled to testify at his trial. In the letter, the defendant accused the witness of lying about the witness’ identity. Ricketts also threatened that if the witness testified against him in court, the defendant would make sure the witness and the witness’ family went to jail.

The sentencing is the culmination of an investigation on the part of Officers with Immigration and Customs Enforcement, Office of Enforcement and Removal Operations under the direction of Field Office Director Michael T. Phillips.

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Daniel Brautlacht, 20, of Cheektowaga, N.Y., who was convicted of delay or destruction of mail, was sentenced to time served by Chief U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney, Russell T. Ippolito, Jr., who handled the case, stated that the defendant started working for the United States Postal Service (“USPS”) as a city carrier assistant on March 9, 2013. In this position, Brautlacht was responsible for delivering letters, postal cards, packages, bags or mail on behalf of the USPS.

On March 21, 2013, while delivering mail on Davey Street in the City of Buffalo, the defendant unlawfully secreted and destroyed 31 pieces of mail, including nine pieces of First Class mail. A neighbor on Brautlacht’s route observed the defendant discard the mail into a garbage receptacle. According to admissions made by Brautlacht, the mail had become jumbled and disorganized. Rather than re-ordering the mail, the defendant discarded it. Brautlacht committed these acts less than two weeks after starting work at the USPS.

The sentencing is the culmination of an investigation on the part of the U.S. Postal Service, Office of Inspector General, Eastern Area Field Office, under the direction of Special Agent in Charge Monica Weyler.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that former Buffalo Police Officer Johnnie Fritz, 49, of Buffalo, N.Y., who was convicted of mail fraud, was sentenced to 10 months home confinement by Chief U.S. District Court Judge William M. Skretny. The defendant was also ordered to pay restitution in the amount of $6,400 to victims.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the prosecution, stated that between April 20, 2009, and June 9, 2009, Fritz conspired with another individual to defraud State Farm Automobile Insurance Company (“State Farm”) by inflating a claim for automobile insurance policy proceeds. The defendant assisted the co-conspirator in making a claim with State Farm following the theft of the co-conspirator’s automobile, a 2003 Cadillac CTS. The claim included two fraudulent receipts. One of the receipts falsely indicated that new tire rims had been added to the vehicle and the other receipt falsely indicated that a new muffler had recently been installed on the vehicle. The two false receipts inflated the value of the vehicle by more than $3,000.

Fritz made three other unrelated false claims for automobile insurance policy proceeds involving three other vehicles.

In addition to the false claims for insurance, the defendant also abused his position as a police officer with the City of Buffalo Police Department. In October 2009, Fritz unlawfully opened a New York State Department of Motor Vehicles (“DMV”) account that enabled him to search DMV databases at no charge. Only law enforcement officials could open a DMV no-fee account like the one opened by Fritz.

The defendant was previously convicted in Buffalo City Court on June 9, 2011, for Attempted Grand Larceny in the 4th Degree, a misdemeanor, and failure to keep records under the New York State Tax Law, a misdemeanor, for his failure to pay State of New York sales tax receipts related to his automobile dealership.

The sentencing is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, NYS Department of Motor Vehicles, under the direction of Director Barbara Fiala, NYS Department of Taxation and Finance, Criminal Investigations Division, under the direction of Commissioner Thomas Mattox, the NYS Department of Financial Services, under the direction of Superintendent Benjamin Lawsky, Criminal Investigations Division, and the Federal Bureau of Investigation.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Christopher Brown, 30, a native of Jamaica, who was convicted of making a false statement in connection with an application for a United States Passport, was sentenced to a time-served (six months) by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in March 2012, Brown submitted an application for a U.S. Passport with the United States Department of State. On the application, the defendant falsely claimed that his name was Torey Khalif Murray and that he was born in Brooklyn, New York.  In fact, the investigation revealed that his real name was Christopher Brown and that he had been born in Jamaica.

The sentencing is the culmination of an investigation on the part of United States Department of State, Diplomatic Security Service, under the direction of Buffalo, New York Resident Agent in Charge William P. Ferrari.

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Maung No, 25, of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to preparation of false tax returns. The charge carries a maximum penalty of six years in prison, a fine of $100,000, or both.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant was employed as a tax return preparer for VPS Income Tax in 2011 and BTC Income Tax in 2012. The fee charged for an income tax preparation was 10% of a client’s refund amount plus bank fees.

In 2012, No prepared a 2011 tax year return for clients and claimed an Education Credit of $1,358, an American Opportunity Credit of $2,000 and a Federal Fuel Tax Credit of $183 without their knowledge. The defendant knew that the credits were false and that the clients were not entitled to claim such credits nor had the clients provided any such claim for the credits. As a result of No’s conduct, the clients received a larger federal income tax refund than they were entitled which resulted in a larger fee for BTC Income Tax. The total loss to the Internal Revenue Service was $3,543.

Between 2011 and 2012, No filed similar returns for 1,138 clients which resulted in losses to the IRS totaling $2,332,122.

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

Sentencing is scheduled for November 4, 2014 at 12:30 p.m. before Judge Arcara.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Robert Stevenson, 59, of Rochester, N.Y., who was convicted of bank robbery, was sentenced to 132 months in prison by U.S. District Court Judge Richard J. Arcara.
The defendant was also ordered to pay $16,425 in restitution.

                According to Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, on June 11, 2012, the defendant entered the First Niagara Bank at 2853 Delaware Avenue, in Kenmore, N.Y., approached a teller station and handed the teller a note which stated, “100.00 and 50.00.” Stevenson then tapped on his waistband and made a noise and gesture suggesting that he had a weapon under his shirt.

In addition to the First Niagara Bank robbery, the defendant also committed the following robberies:

•             April 25, 2012, Citizens Bank, 2250 Hudson Avenue, Irondequoit, N.Y.
•             May 11, 2012, HSBC Bank, 333 West Washington, Syracuse, N.Y.
•             August 20, 2012, Adirondack Bank, 185 Genesee Street, Utica, N.Y.
•             October 3, 2012, Bank of America, 50 Genesee Street, New Hartford, N.Y.
•             November 5, 2012, Northwest Savings Bank, 210 W. Main Street, Falconer, N.Y.

The plea 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 Tantalo, the Syracuse Police Department, under the direction of Chief Frank Fowler, the Utica Police Department, under the direction of Chief Mark Williams, the New Hartford Police Department, under the direction of Chief Michael Inserra, the Kenmore Police Department, under the direction of Chief Peter Breitnauer, the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss, Jr., and the Albany Office of the Federal bureau of Investigation, under the direction of Special Agent in Charge Andrew Vale.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that O’Neal Walker, 33, of Queens, N.Y., 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 driven by the defendant on Interstate 390 in the town of Wayland in Steuben County. Walker was driving 102 mph in a 65 mph zone and had no valid driver’s license. Following the defendant’s arrest, 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 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 Walker had passed an additional $14,100 in counterfeit $100 bank notes within the Western District of New York. At the time the defendant passed the counterfeit bills here, he was on pre-trial release for similar conduct in the State of Ohio.

As part of the investigation, Secret Service Agents learned that Walker was also identified passing counterfeit $100 bank notes in several other states. Specifically, the defendant was identified passing $2,000 in counterfeit $100 bank notes in Ohio; $600 in counterfeit $100 bank notes in Massachusetts; $13,500 in counterfeit $100 bank notes in Syracuse, within the Northern District of New York; $19,700 in counterfeit $100 bank notes in Michigan; and $6,800 in counterfeit $100 bank notes in Arkansas. The total loss due to Walker’s actions was $65,300.

The sentencing is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge, Tracy Gast, and Investigators and Troopers of the New York State Police, under the direction of Major Scott Crosier.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that, Richard Kaufman, of Pittsford, N.Y., who was convicted following a federal jury trial of conspiracy to commit bank and loan fraud, as well as bank and loan fraud, was sentenced to a 46 months in prison and ordered to pay restitution in the amount of $1,360,893.72 by U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorneys Craig R. Gestring and Bradley E. Tyler, who handled the trial of the case, stated that between 2002 and June 2008, the defendant, and his father Michael C. Kaufman, directed the Controller of American Industrial Sales, d/b/a RAK Industries, to provide false financial statements to Key Bank, and to the company’s outside accounting firm. The false financial statements significantly overvalued the accounts receivable and inventory, which were the two assets that Key Bank relied upon as collateral for a total loan credit of $2,000,000.

The loan proceeds were used by the defendants to fund their personal lifestyles including expensive homes, generous salaries and country club memberships. After the defendants defaulted on the Key Bank loan in the summer of 2007, they converted to their personal use approximately $53,000 of accounts receivable proceeds that were the property of Key Bank. As a result of the fraud scheme, Key Bank suffered an immediate loss of over $1.5 million.

Michael Kaufman was also convicted at trial and is awaiting sentencing.

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 conviction was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, and Postal Inspectors with the United States Postal Inspection Service under the direction of Shelly A. Binkowski, Postal Inspector in Charge, Boston Division.

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Antwan Green, 32, of Buffalo, N.Y., pleaded guilty to conspiracy to commit bank fraud before U.S. Magistrate Judge Leslie G. Foschio. The charge carries a maximum sentence of 30 years in prison, a fine of $1,000,000 or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that the defendant was part of a conspiracy to defraud local area banks by participating in a “Check Kiting” scheme. Green, and others, opened bank accounts and deposited large checks to the accounts. The deposited checks were written on accounts that had insufficient funds or on accounts that had been closed. Before the banks determined that the checks were not supported by any funds, the defendant and others withdrew smaller amounts from the accounts. Green actually made away with $35,547.93, but the amount of the intended loss was more than $367,000.

All five defendants in this case have been convicted.

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

Sentencing will be scheduled at a later date bfore Chief U.S. District Judge William M. Skretny.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ethel Whitaker (a/k/a Ethel Gainey), 73, of Rochester, N.Y., pleaded guilty before U.S. District Judge Elizabeth A. Wolford, to theft of government funds. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that the defendant obtained social security numbers in the names of both “Ethel Whitaker” and “Ethel Gainey.” Whitaker then used both social security numbers to apply for and receive social security program benefits, including Supplemental Security Income, Survivor Insurance and Retirement Insurance. As a result of her conduct, between January 1997 and April 2011, the defendant received social security benefits in the amount of $119,675, to which she was not entitled.

The plea is the culmination of an investigation on the part of Special Agents of the Social Security Administration – Office of the Inspector General, under the direction of Edward J. Ryan.

Sentencing is scheduled for October 9th, at 4:00 p.m. before Judge Wolford.

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that James Hamilton, Sr., 29, of Buffalo, N.Y., who was convicted of distribution of marijuana, was sentenced to 18 months in prison by Chief U.S. District Judge William M. Skretny.

“A uniform is only as good as the person who wears it,” said U.S. Attorney Hochul.  “While the vast majority of police officers are role models for us all, this Office will not hesitate to act where, as here, a member of law enforcement violates his oath and breaks the law.”

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 20, 2013, Hamilton, a probationary Buffalo Police Officer, sold a half pound of marijuana to a confidential source working with the Drug Enforcement Administration and the Erie County Sheriff’s Department. At the time of the sale, the defendant possessed his Buffalo Police issued .40 caliber Glock handgun.

Following the sale, the defendant was arrested and a search warrant was executed at his residence at 165 Floss Avenue in Buffalo. During the search, officers seized approximately 80 marijuana plants, three to four pounds of processed marijuana and a shotgun.   

As a result, the defendant no longer works for the Buffalo Police Department. 

The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Drug Enforcement Administration, under the direction of Jamie J. Hunt, Acting Special Agent in Charge, New York Field Division.

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that 17 members and associates of the Schuele Boys Gang, a group which operated in the Schuele Street area of the East Side of Buffalo, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine. The defendants are also charged with unlawful use of a communication facility in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.

“At a time when the entire region is experiencing a rebirth of hope and positive change, there are those who would harm the community through narcotics trafficking and acts of violence,” said U.S. Attorney Hochul. “As today’s operation demonstrates, law enforcement stands ready and able to identify and remove these threats to the public.”

Charged in the complaint are:

•             Antwan Garner, 29, Buffalo
•             Aaron Glenn, 41, North Tonawanda
•             Jerome Grant, 33, Buffalo
•             James Hicks, 44, Buffalo
•             Xavier Hill, 42, Buffalo
•             Demetrius Holmes, 23, Buffalo
•             Damario James, 32, Buffalo
•             Fred Johnson, 21, Buffalo
•             Ikeem Lyons, 21, Buffalo
•             Benjamin Peoples, 25, Buffalo
•             Damario Robbins, 23, Buffalo
•             Michael Robertson, 24, Buffalo
•             Spencer Rogers, 50, Buffalo
•             Antwon Steward, 31, Buffalo
•             Shawntorrian Travis, 34, Buffalo
•             Andre Wise, 36, Buffalo
•             Marcel Worthy, 30, Buffalo

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to a complaint, during the summer of 2010, the Schuele Boys Gang, including defendant Marcel Worthy who is the alleged leader of the gang, were the targets of a mass shooting at the City Grill in downtown Buffalo. During the shooting, eight people were shot, four fatally. At the time, law enforcement officers believed that Marcel Worthy was a kilogram quantity cocaine trafficker. 

The ensuing investigation utilized wire and electronic communications, confidential sources, controlled purchases of narcotics, and physical and video surveillance, to identify conspirators associated with the Schuele Boys Gang distribution network. The complaint further states that in addition to buying and selling illegal narcotics, the defendants were also involved in committing acts of violence including shootings.

The members and associates are alleged to have attempted to thwart law detection by law enforcement officers through the frequent changing of cellular telephones. The defendants also are alleged to have used other counter-surveillance techniques, including utilizing and frequently changing rental vehicles, employing evasive driving techniques, and speaking in coded language. 

The criminal complaint is the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.  

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 Matthew D. King, 31, of Rochester, N.Y., pleaded guilty to online enticement of a minor before U.S. District Court Judge Frank P. Geraci. The charge carries a maximum penalty of life in prison with a mandatory minimum period of 120 months in prison, a fine of up to $250,000, or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that in 2012, the defendant was employed as a Youth Care Professional at the Hillside Children’s Center (HCC), a provider of care for youth and families with a wide range of emotional, behavioral, or life-circumstance challenges. In this role, King had direct supervisory responsibility over at risk youth, including the victim who was a 15 year old child.

Between February and August 2012, the defendant came into contact with the child on a regular basis and would frequently discuss sexual topics with the victim. King eventually asked the child to engage in sexual activity, and in fact did engage in sexual activity with the child on several occasions at or around HCC. In August of 2012, the victim reported this activity to HCC staff after King was reassigned as his supervisor. HCC immediately notified the New York State Police who conducted an investigation.

The investigation revealed that the defendant and the child engaged in sexual conduct on multiple occasions. Investigators also learned that on July 23, 2012, King contacted the child over the internet using an online social networking site, to arrange a sexual meeting with the child later that day. The defendant used this online contact to entice the child to engage in sexual conduct, which then took place. State Police contacted Homeland Security Investigations for assistance.

Following the State Police investigation, the defendant was charged with and pled guilty to five counts of Criminal Sexual Act, 3rd Degree (Felony) and two counts of Endangering the Welfare of a Minor (misdemeanor) in State Court related to his contact with the child.

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 Investigators with the New York State Police, under the direction of Major Scott Crosier, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Sentencing is set for October, 23, 2014 at 9:30 a.m. before Judge Geraci.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Eugene Louis Thompson, 47, of Rochester, N.Y., was arrested and charged by criminal complaint with making a false written statement to the United States and falsely claiming to be a United States Citizen. The false statement charge carries a sentence of up to five years in prison, while the false claim to United States Citizenship carries a sentence of up to three years in prison. Both are also punishable by 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 defendant applied for employment with a federal contractor to work in a federal building in the Rochester area. During the application process, Thompson, a citizen and national of Liberia who is unlawfully present in the United States, made false statements on his background paperwork, including falsely claiming to be a United States Citizen.

The defendant made an initial appearance today before U.S. District Court Judge Frank P. Geraci. Thompson was detained, and is due back in court on July 28, 2014 before Magistrate Jonathan W. Feldman.

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

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 Chazity Fluellen, 27, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to maintaining a drug involved premises. The charge carries a maximum penalty of 20 years in prison, a fine of $500,000, or both.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant and co-defendant, 10th Street Gang member Desmond Ford, used and maintained the premises at 23 10th Street in Buffalo for the purpose of storing and distributing cocaine and crack cocaine. During a search of the property on June 18, 2010, officers recovered quantities of cocaine and crack cocaine, packaging material, a scale, and cellular phones.

Fluellen is one of 40 members or associates of the 10th Street Gang who have been convicted as a part of this federal investigation.  As a part of the plea, the defendant will forfeit the residence at 23 10th Street to federal authorities.

The plea 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 Resident Agent in Charge Frank Christiano.

Sentencing is scheduled for October 27, 2014 at 1:00 p.m. before Judge Arcara.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Douglas Church, Zachary Smith, and Brianna Lowe, all of Elmira, N.Y., have been arrested and charged by criminal complaint with conspiring to deal firearms without a license and possession of stolen firearms. In addition, defendants Church and Smith are charged with dealing firearms without a license. The conspiracy charge carries a penalty of five years in prison and a $250,000 fine. Possession of stolen firearms and dealing firearms without a license carry a penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on October 16, 2013 at approximately 3:05 a.m., the owner of “Scott’s Guns” on Watkins Drive in Horseheads, N.Y. received a telephone call from his security alarm company. The owner alerted police and then went to the store. Upon entering the store, the owner realized he had been burglarized. The owner determined that 49 handguns of various makes and models had been stolen. 

As part of their investigation, law enforcement officers reviewed footage from a security camera inside the store which revealed two individuals inside the store during regular business hours the day before, October 15, 2013. Officers recognized the two individuals to be Zachary Smith and Douglas Church. The complaint further states that additional investigation revealed that Church and Zachary Smith burglarized the store by having Church climb through a hole in the wall of the building, with Church handing the weapons to Smith. The two men left the guns in backpacks in a swamp behind the building the night of the burglary, with Smith and his girlfriend, Brianna Lowe, retrieving the guns the following day. Investigation also revealed that many of the guns were sold within a week and a half of the burglary in exchange for money.  

The defendants made an initial appearance today before U.S. Magistrate Judge Jonathan W. Feldman. Church and Smith are being held pending a detention hearing on July 28. Lowe was released on conditions.

The Criminal Complaint is the result of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Thomas J. Cannon, New York Field Office, the Horseheads Police Department, under the direction of Acting Chief Scott Zelko, The New York State Police, under the direction of Major Scott Crosier, the Chemung County Sheriff’s Department, under the direction of Christopher Moss, the Elmira Police Department, under the direction of Chief Michael Robertson, the Elmira Heights Police Department, under the direction of Chief A. Rich Churches, and the West Elmira Police Department, under the direction of Chief Peter Michalko.  

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 that United States Attorney General Eric Holder visited the Buffalo Office of the Western District of New York today.

      Attorney General Holder, U.S. Attorney Hochul and staff discussed a number of issues important to the safety of the Western New York community. Topics included the Office’s successful efforts in prosecuting violent crime, public corruption, national security, human trafficking, and financial crime. Regarding the Office’s civil programs, the Attorney General and staff also reviewed last year’s record financial collections of $94.2 million.

      Mr. Holder also met with the entire staff of both the Buffalo and Rochester Offices. He told the 100 prosecutors and support staff members gathered “I’ve got great faith in your abilities,” and that the Office is known for its exemplary work. 

      U.S. Attorney Hochul stated “It was an honor to host the Attorney General of the United States and share with him the results of the hard work of our staff.” Hochul further commended the efforts of the Attorney General to fight for the tools and funding needed to continue the fight against all crime occurring in the 17 counties of Western New York.