Western District of New York

          ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Domenico Lonardo, 36, of Hilton, N.Y., who was convicted of manufacturing 100 or more marijuana plants, was sentenced to 60 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Lonardo was arrested on April 15, 2010, after members of law enforcement executed a search warrant at his residence at 199 Walker Road, in Hilton. Upon entering the location, officers found a sophisticated indoor marijuana growing operation.  During the search, officers located and seized approximately 130 marijuana plants in various stages of growth, marijuana cultivation equipment, including growing lights, generators, exhaust fans, and automatic timers, liquid Lysergic Acid Diethylamid, or “LSD,” as well as other controlled substances. Officers also seized approximately $690.00 in United States currency, a shotgun with a barrel that had been shortened and ammunition. 

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge brian R. Crowell, New York Field Division, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson.

 

          ROCHESTER, N.Y.B U.S. Attorney William J. Hochul announced today that Horace Daniels, 71, of Geneva, N.Y., who was convicted of possession of child pornography, was sentenced 10 years supervised release by U.S. District Court Judge David G. Larimer.

Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant downloaded and distributing child pornography, via a peer-to-peer file sharing network. Daniels came to the attention of law enforcement during an undercover investigation, during which officers downloaded images of child pornography from the defendant on 10 dates in August and September 2012.  Thereafter, officers executed a search warrant at the defendant’s home in Geneva, where they recovered items of digital media. The items seized contained images of children, many of whom were under the age of 12, engaged in sexually explicit conduct, and many of which depicted acts of violence. At sentencing, the defendant was subject to a recommended sentencing guideline range of 97 to 120 months in prison.

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

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

 

 

          BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Damian Ard, 33, of Lockport, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine base, was sentenced to six years in prison by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that the defendant was arrested as a result of a long-term investigation into narcotics trafficking in Niagara County and the City of Buffalo conducted by the Drug Enforcement Administration and Niagara County Drug Taskforce. The investigation involved several court-authorized wiretaps, including  two cellular telephones used by Ard to conduct his drug-trafficking. The defendant distributed cocaine base, cocaine, heroin, prescription medications, and marijuana in the Lockport area from early 2009 through August 2010, some of which was supplied to him by co-defendant Eric Williams.

During the execution of a federal search warrant at Ard’s residence on August 17, 2010, law enforcement officers seized a Remington Model 597 rifle, two .22 caliber rifle magazines and a .22 caliber high capacity magazine; a RML 7.62 x 39 caliber semi-automatic rifle, two magazines and ammunition; a New England Firearms Pardner Model SBI 20 gauge shotgun, and ammunition.

In total, investigators charged 24 defendants in connection with this investigation, 23 of whom have been convicted. The leader of the narcotics trafficking operation, Will Johnson, was sentenced to 10 years in prison on September 13, 2013.

The sentencing is the culmination of an investigation by Task Force Officers and Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and the Niagara County Sheriff’s Drug Task Force, under the direction of Sheriff James Votour.

 

 

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Kenneth Griffin, 46, of Rochester, N.Y., who was convicted of conspiracy to commit mail and wire fraud and conspiracy to engage in money laundering, was sentenced to 46 months in prison by U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Griffin was the owner of an employment staffing business that operated under various names, including LHT USA and Cambridge Personnel. From August 2007 to June 2008, the defendant spearheaded a conspiracy to defraud lenders by selling them false invoices in transactions known as factoring. The fraud involved creating false invoices and other supporting documents that the defendant then sold to a series of financing companies on a weekly basis for immediate cash. When a financing company realized that it had been sold uncollectible invoices and stopped dealing with Griffin's business, the defendant would change business names and continue the scheme with another financing company.

In total, Griffin and his confederates sold and attempted to sell more than $650,000 worth of bogus invoices to three separate factoring companies over a period of almost a year.  He then laundered the proceeds of his crimes and used them to buy a Bentley, support a drug habit, and fund a lifestyle beyond his legitimate means.

The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of  Special Agent-in-Charge Toni M. Weirauch, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

 

 

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that the Western District of New York Office secured the highest amount of money for a given year in the Office’s history. Specifically, in Fiscal Year 2013, the Office recovered $94,220,047 as a result of wide-ranging efforts in criminal, civil and forfeiture cases. This money was used to repay victims of crime, provided as aid to law enforcement agencies, and in largest part, provided to taxpayers as a result of being transmitted to the United States Treasury. 

In making the historic announcement, U.S. Attorney Hochul praised the hard work and dedication of Office attorneys and support staff that sought not only to put convicted defendants in jail, but took the profit out of crime in a more literal sense. “This Office strives mightily to protect the public from those who would cause it harm. From violent gang members to child predators, cyber criminals, and major fraudsters, we seek to ensure that the worst of the worst are identified and prosecuted to the fullest extent of the law. But our Office also protects taxpayers. By using civil law and forfeiture, we recover money that helps repay victims of crime, aids local law enforcement, and fills the American Treasury. In other words, we don’t just take the profit out of crime, we use it for the public good.” 

U.S. Attorney Hochul stated that in order to put the $94 million recovered by his Office into proper perspective for the public, the recovered money represents more than nine times the amount of money it took to operate the entire United States Attorney’s Office for the year. “Because our budget is approximately $10 million,” said Hochul, “the recovered money in reality means taxpayers spent nothing for the protection and safety provided by this Office, and still also obtained an additional $84 million in money it did not anticipate receiving through other means.” 

As for how the record recoveries came about, the Office collected $75,146,101 in criminal and civil actions. Criminal actions, which include fines and restitution,   totaled $20,142,677.26, $20,004,017 of which was returned to victims of crime. The Office also collected $55,003,424 in civil actions, which include proceedings involving health care fraud, government fraud, foreclosures and more.

In addition, the Office collected $19,073,946 in criminal and civil forfeitures.  Forfeitures generally involve proceeds of crime, as well as property used to commit crime. Of that amount, $3,481,607 was shared with state and local law enforcement partners who work with the U.S. Attorney’s Office and the Department of Justice.

Hochul also stated that in the four years of the current administration, the amount of money recovered by the Office exceeded $208,900,000. This is a result of the Office recovering in Fiscal Year 2010, $31,800,000, in 2011, $29,300,000, and in 2012, $53,600,000.

Beyond recovering money, Hochul also reported that 109 dangerous firearms, along with ammunition, and 56 computers were forfeited in FY 2013.

In addition to the $94,220,047 collected locally, Hochul also noted that the WDNY worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional amount of over $534,500,000.00 in cases pursued jointly with these offices including:

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

United States vs. Zaveri: Ashvin Zaveri of Honeoye Falls, N.Y. was indicted on 16 counts of mail fraud, wire fraud and money laundering. Between April 2003 and March 2009, Zaveri was accused of defrauding investors who had invested approximately $35,000,000 in Aoil and natural gas exploration partnerships in Tennessee and Kentucky through his company Zaveri Oil & Gas, Ltd. Over 40 partnerships were offered for investment by Zaveri. The defendant died on August 27, 2010, a week before his plea was scheduled and the criminal case was abated. As a result, the United States government filed a civil forfeiture complaint against 11.5 million dollars in life insurance proceeds, $541,395.06 contained in an M&T Bank account and other assets as property involved in the offense or traceable to the entire Ponzi scheme. The government forfeited $8,938,322.93, most of which was returned to victims.

United States vs. Ista Pharmaceuticals:  

ISTA Pharmaceuticals, Inc. paid $33,500,000 to resolve criminal liability and false claims act allegations. The company was convicted of conspiracy to introduce a misbranded drug into interstate commerce and conspiracy to pay illegal remuneration in violation of the Federal Anti-Kickback Statute for misbranding the drug Xibrom, an anti-inflammatory drug approved by the FDA used to treat pain and inflammation following cataract surgery. Ista employees promoted Xibrom for unapproved new uses.

United States vs. Gizzi:

In July 2013, John P. Gizzi was convicted of filing false tax returns in 2008 and 2009. In addition, a corporation owned by Gizzi, Rochester Machinery Suppliers, Inc., was convicted of aiding and abetting the preparation of a false tax return. The defendant paid $1,901,633 in criminal restitution for taxes he owed and forfeited $1,500,000 to the Government in a related proceeding brought by the United States Attorney's Office. Rochester Machinery Suppliers, Inc., Gizzi's corporation paid a $500,000 fine for its role in assisting Gizzi's tax crimes. Finally, the defendant paid $7,623,431 to settle related civil claims with the Internal Revenue Service. This brings the total paid by Gizzi to the Government to $11,525,064. 

The following is an example of a case that the Western District of New York worked with other U.S. Attorney’s Offices and components of the Justice Department to bring to a successful conclusion: 

United States vs. Countrywide Mortgage:

The Affirmative Civil Enforcement and Asset Forfeiture Financial Litigation units participated in a shared recovery of $335,194.878.10 between the Civil Rights Division of Main Justice, along with numerous other districts across the country in a settlement in the United States vs. Countrywide case. This settlement resolved allegations that Countrywide Financial Corporation and its subsidiaries engaged in a widespread pattern or practice of discrimination against qualified African-American and Hispanic borrowers in their mortgage lending from 2004 through 2008. The settlement provides compensation for victims of Countrywide’s discrimination during a period when the company originated millions of residential mortgage loans as one of the nation’s largest single-family mortgage lenders. There were over 40 victims in the Western District of New York.

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

http://www.justice.gov/usao/resources/reports/.

 

 

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tyrone Nance, 32, of Buffalo, N.Y., who was convicted following a jury trial of being a felon in possession of a firearm and possession of marijuana, was sentenced to 36 months in prison by Chief U.S. District Court Judge William M. Skretny. The defendant was also sentenced to another 18 months in prison for a violation of supervised release.

Assistant U.S. Attorneys Frank T. Pimentel and Mary Catherine Baumgarten, who handled the case, stated that in November 2011, federal probation officers conducted a search of the defendant’s residence and car on Timon Avenue in Buffalo. Nance was on supervised release as a result of a 2009 conviction for conspiracy to distribute marijuana. During the search, officers recovered a shotgun hidden under the hood of the defendant’s car. They also recovered a quantity of marijuana from the freezer in the defendant’s residence. DNA analysis performed by the Erie County Forensics Laboratory tied the shotgun to the defendant.

The sentencing is the culmination of an investigation on the part of the United States Probation Department, under the direction of Anthony SanGiacomo, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.

 

 

 

 

 

        BUFFALO, N.Y. -- The United States Attorney’s Office announced today that three members of Local 17 of the International Union of Operating Engineers pleaded guilty before United States District Judge William M. Skretny to violations of the federal Hobbs Act Extortion statute and agreed to testify in the upcoming trial of their seven co-defendants.

Pleading guilty were:

CARL A. LARSON, 50, of Boston New York.  LARSON formerly worked as an organizer for Local 17.

MICHAEL EDDY, 44, of Gowanda, New York, a member of Local 17

GEORGE DEWALD, 50 of Springville New York.  DEWALD, also a member of Local 17.

Each defendant faces a sentence of up to twenty years in federal prison and a fine of up to $250,000 when he is sentenced in May of 2014.

In pleading guilty, each of the defendants admitted that he participated in a campaign of threats, violence and property destruction against non-union contractors in an effort to force those contractors to enter into a collective bargaining agreement with Local 17.

            LARSON pled guilty to trying to force an Orchard Park contractor and its owner to sign with Local 17 by both threatening the owner personally and after the contractor’s owner was stabbed by another Local 17 member and, on February 5, 2003, asked Larson, “What are the positives [to signing with the union]?  You guys slash my tires, stab me in the neck, try to beat me up in a bar.  What are the positives to signing?  There are only negatives,”  Larson responded by telling the owner that “The positives are that the negatives you are complaining about would go away.”

            EDDY pled guilty to being part of a campaign of violence and intimidation against a Latham, New York contractor while the contractor was removing soil contaminated with coal tar from under the Waterfront School in downtown Buffalo during the summer of 2005.  EDDY admitted to being present when members of Local 17 damaged a pickup truck being driven by the contractor’s project manager as he tried to enter the worksite and then “belly bumping” the project manager when got out of his truck to investigate.  During this campaign, a Local 17 organizer obtained the project manager’s home address and his wife’s name and sent his wife a letter saying “We would like for the job to run as smoothly as your wedding day did at [your wedding venue] and as smooth as [your husband’s] nights are in the Western New York region.

            DEWALD pled guilty to being a part of campaign designed to force a Frankfort, New York contractor which was the low bidder on the 2003 expansion of the Chaffee Landfill in Chaffee, New York, to sign a collective bargaining agreement with Local 17.  DEWALD admitted that May 7 or 8 of 2002, he and several other Local 17 members went to the Chaffee Landfill under the cover of darkness where they put sand used for sandblasting into the engines and hydraulic lines of nine separate pieces of heavy equipment causing significant delays in finishing the job and over $240,000 in damage to the equipment.

            All three defendants agreed to testify in the trial of seven remaining defendants including former business manager and president Mark Kirsch, former business agents Jeffrey Peterson, Gerald Bove, and Thomas Freedenberg, and Local 17 members Michael Caggiano, Jeffrey Lennon and Kennth Edbauer, which is scheduled to commence on Janaury 7, 2014, before Judge Skretny.  The trial will be handled by Assistant United States Attorneys Anthony M. Bruce and Edward H. “Ned” White and Department of Justice Attorney Robert Tully.

            The investigation of this case is being handled by the United States Department of Labor, Office of Inspector General, under the direction of Department of Labor Inspector General Scott Dahl and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

            Sentencing is scheduled for May 7, 2014 (LARSON), May 8, 2014 (EDDY) and May 9, 2014 (DEWALD) at 9:00 a.m. before Judge Skretny.

 

 

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Duncan Badding, 25, of Williamsville, N.Y., was sentenced to one year in prison, to be followed by a 2 year period of supervised release, for unlawfully making and unlawfully possessing destructive devices.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that police received a complaint on August 8, 2012 of shots being fired in the defendant’s backyard.  Thereafter a search of the defendant?s residence, at 66 Williamsburg Square in Williamsville, New York, by the Amherst Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives, enforcement officers discovered Triacetone Triperoxide (TAPT), ANFO which is ammonium nitrate and fuel oil mixed, Tannerite which is a mixture of prilled ammonium and aluminum powder, three (3) pvc pipes and 5 cans of commercial Goex Black Powder.

 In addition, several apparent destructive devices, or combination of parts and devices designed or intended to be used or converted into destructive devices, were also found.

This sentencing is the culmination of an investigation on the part of officers from the Amherst Police Department, under the direction of Chief John Askey, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Frank Christiano.

 

 

 

 

 

        BUFFALO, N.Y.B U.S. Attorney William J. Hochul, Jr. announced today that Abraham Reinhardt, 24, of Buffalo, N.Y., who was convicted of possession with intent to distribute Oxymorphone, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who is handled the case, stated that in November 2012, Reinhardt, a pharmacy student at St. John Fisher College in Rochester, N.Y. at the time, was arrested in the parking lot of the Home Depot in Batavia, N.Y. where he was about to sell 80 Opana (Oxymorphone) tablets, a quantity of marijuana, and hallucinogenic mushrooms.

Following Reinhardt’s arrest, a search warrant was executed at the defendant=s residence on Elmwood Avenue in Rochester. Drug Enforcement Agents seized Oxymorphone pills, and a quantity of hallucinogenic mushrooms and marijuana. In addition, during the summer months, the defendant operated an ice cream truck in Cheektowaga, N.Y. and sold hallucinogenic mushrooms and marijuana from the truck.

Reinhardt ordered the Opana pills through Silkroad.com, an on-line, black market website which has since been shut down. 

The sentencing is the culmination of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Region, and the Erie County Sheriff’s Department.

 

 

 

 

 

        BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Francis Tronolone, 33, of Buffalo, N.Y., pleaded guilty to stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.

“Today’s developments mean that three different employees of the same City Department have now been convicted of collectively stealing hundreds of thousands of dollars from the residents of this area,” said U.S. Attorney Hochul. “These crimes occurred day in and day out over many months and years. This Office will continue to pursue this investigation until all who may have abused their positions are identified and caught.” 

Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that from November 2003 to the present, the defendant was employed as a coin collector and later a parking meter mechanic in the City of Buffalo Department of Parking Enforcement. In this capacity, Tronolone was responsible for collecting coins deposited into parking meters and repairing malfunctioning meters.

During the period of his employment, the defendant stole approximately $9,000 in coins from city parking meters, money that was supposed to be deposited into the city treasury. Some of the money was stolen from parking meters that had been rigged by other parking meter mechanics. Tronolone kept a small cooler in the back of his vehicle where he would conceal the stolen coins. 

Tronolone is the third employee of the Department of Parking Enforcement to be convicted in this case. James Bagarozzo was convicted of stealing over $200,000 from Buffalo parking meters and sentenced to 30 months in prison on August 16, 2013. Bagarozzo was also ordered to pay $210,000 in restitution. Lawrence Charles has also been convicted of stealing over $10,000 from Buffalo parking meters and was sentenced to six months and prison and ordered to pay $15,000 in restitution. A fourth employee, Franklin Lopez, is charged also charged with stealing thousands of dollars from the City of Buffalo, a Governmental agency which receives federal funding. 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 Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

 

 

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Darryl Glasco, 54, of North Tonawanda, N.Y., a licensed New York State appraiser, pleaded guilty to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison, a fine of $ 1,000,000, or both.

Assistant U.S. Attorney Kathleen A. Lynch, who is handling the case, stated that the defendant conspired with James P. Vasiliou Jr., a borrower, to submit a false appraisal to JP Morgan Chase Bank to refinance a property located at 16 Blackley Court in Lockport, N.Y. The false statements resulted in an inflated fair market value for the property and were used to obtain approval of the loan.

Vasiliou pleaded guilty to bank fraud 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 plea is the result of an investigation by the Mortgage Fraud Task Force of WNY, led by the U.S. Attorney’s Office, which includes agents and personnel from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

 

 

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Filippo Inglima, 47, of Wheatfield, N.Y., an Italian citizen, who was convicted of conspiracy to distribute a thousand kilograms or more of marijuana and five kilograms or more of cocaine, was sentenced to 121 months in prison, by U.S. District Judge Richard J. Arcara. The defendant will also forfeit $39,456,00 in United States currency, a rifle and ammunition, and a sport utility vehicle.

Assistant U.S. Attorneys Frank T. Pimintel and Joseph M. Guerra, who handled the case, stated that from 2006 to 2007, Inglima owned Filippo’s Restaurant in Buffalo. Co-defendant David Gambino invested in the restaurant to help Inglima pay bills and other expenses of the restaurant. After that, Gambino asked Inglima to assist in the smuggling of drugs and money to and from Canada. Between 2006 and November 2009, Inglima conspired with Gambino and others to import quantities of marijuana from Canada and distribute the drug to other individuals in Buffalo. In addition, Inglima transported quantities of cocaine from the United States into Canada. The defendant picked up the cocaine in different parts of the United States including Chicago, Ohio, New York City and New Orleans. During the period of the conspiracy, the defendant conspired to distribute 100 kilograms of cocaine and 1,800 kilograms of marijuana.  

Inglima was arrested in November 2009 along with Gambino and 22 others. All defendants have been convicted. David Gambino was sentenced to 188 months in prison in November 2013.                     

The sentencing is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge, the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Michael Cerretto, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

 

 

 

 

 

        ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Steve Wysocki, 50, of Newark, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci to four counts of filing a filing a false statement with the United States Government. Each count carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Wysocki was in charge of the testing department for Flightline Systems, a Victor based defense contractor working on United States Army and Navy projects. The defendant oversaw product testing for the KG-40 military radio system as well as the SH-60 Sonobuoy system.

The KG-40 is a tactical radio encryption system used by the US Army and Navy and sold for export to foreign countries. It consists of several components including the radio, a remote, and a tray. The SH-60 Sonobuoy system is an Anti-Submarine Warfare (ASW) device. The system includes a small sonar unit which is released from both fixed and rotor wing ASW aircraft as well as various other components including external preamps.

Both the KG-40 and Sonobuoy programs have contractual manufacturing and testing requirements imposed by the United States Department of Defense. Among these protocols is something know as vibration testing. This process subjects the various items to prolonged vibration exposure using a vibration table equipped with pressure plates. The items are placed on the vibration table during the manufacturing process for a pre-set period of time to ensure that they will survive real world conditions on ships and aircraft.

The components are hooked up to a computer during testing which monitors their performance and then produces a unique graph upon successful completion. Due to many individual testing variables, no two items will produce the exact same testing graph. The graphs are unique to each item, and are stamped with the time and date of the test as well as the serial number of the item tested. The graphs are signed by the table operator and are then made part of the items “traveler file” which accompanies each item throughout the assembly and testing process. Each item tested must have a copy of a passing vibration table graph in the file in order to be released to the military. The vibration tests were run at Flightline’s Victor facility.

During the investigation, Special Agents from the FBI and Army Criminal Investigation Division learned that Wysocki was both personally falsifying vibration graphs as well as directing other subordinates to do so. Wysocki would then print the false graph, or direct others to do so, and include this false document in the items history, thus proving that it was successfully tested, even though as he knew, the item was not properly tested. He referred to this process as “phantom vibe testing.”

As a result of the defendant’s conduct, individual components had to be re-tested costing the Department of Defense $299,094.00

“This Office will not tolerate anybody who, by their actions, hurts or impacts the products used by our military men and women to carry out their critical mission,” said U.S. Attorney Hochul. “This case should serve as a warning to any individual involved in the testing of products to be used by the military, if you attempt to disrupt the process, you will be prosecuted and punished accordingly.”

The plea was the culmination of an investigation on the part of 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. Army Criminal Investigation Division Command, Major Procurement Fraud Unit (MPFU), under the direction of Special Agent in Charge, L. Scott Moreland; Naval Criminal Investigative Service (NCIS), under the direction of Special Agent in Charge, Cheryl A. DiPrizio; and the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS), under the direction of Special Agent in Charge, Craig Rupert.

Sentencing is set for March 21, 2014 at 3pm before U. S. District Court Judge Frank P. Geraci.

 

 

 

 

 

        Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Thomas J. Blajszczak, 43, of Lancaster, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to unlawful user of a controlled substance in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant was intercepted in November and December of 2009, pursuant to a court-authorized wiretap, communicating with an a cocaine supplier named Jose De Leon. De Leon was previously convicted of conspiracy to distribute five kilograms or more of cocaine. The conversations between the defendant and De Leon, his cocaine supplier, established that Blajszczak was receiving cocaine for his personal use while employed by the Erie County Sheriff’s Department. At that time, the defendant owned and was in  possession of a Glock, Model No. 23, .40 caliber semi-automatic pistol.

During an interview with the FBI, the defendant admitted that part of a monetary debt referenced during some of the intercepted telephone conversations related to money owed by the defendant to his cocaine supplier for powder cocaine. Blajszczak further admitted that he provided at least one box of 9mm ammunition, and one box of .45 caliber ammunition, to Jose De Leon.

Blajszczak’s plea is part of an FBI investigation which resulted in the arrest of a group of individuals between December 2009 and February 2010, who were involved in trafficking kilograms of cocaine from sources in Puerto Rico, and in New Jersey, and re-distributing the cocaine to drug dealers and users in Buffalo New York. The defendant is the 27th person convicted in the investigation.   

"In our efforts to rid this area of narcotics trafficking organizations, this office will follow the evidence to wherever it takes us and will prosecute accordingly," said U.S. Attorney Hochul.

 

 

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Michael Cerretto, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.

Sentencing is scheduled for April 14, 2014, at 11:00 a.m. before Judge Arcara.

 

 

 

 

 

        BUFFALO, N.Y.? U.S. Attorney William J. Hochul, Jr. announced today that Juan Lopez, 30, of Buffalo, N.Y., pleaded guilty to possession of firearms in furtherance of drug trafficking activities and being a felon in possession of firearms before U.S. Magistrate Judge Leslie G. Foschio. The charges carry a maximum penalty of life in prison, a fine of $250,000, or both.

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

“This office has made fighting violent criminal organizations a top priority,” said U.S. Attorney Hochul. “Sometimes those efforts require arresting gang members, as we have done on many occasions in the past.  Another essential component, however, consists of arresting those who brings guns into the community where they end up in the hands of violent criminals.”

Lopez was arrested in September 2012 along with seven other defendants. A total of eight defendants have been convicted. He is currently serving 25 years in New York State prison for two previous attempted murder convictions. 

The Indictment is the culmination of an investigation by Special Agents of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano.

 

 

 

 

 

        ROCHESTER, N.Y.--U.S. Attorney William J. Hochul announced today that Michael Covello, 43, of Chili, N.Y., who was convicted of the sexual exploitation of children, was sentenced to 15 years in prison and 15 years of supervised release, by U.S. District Court Judge David G. Larimer.

Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant distributed child pornography, via a peer-to-peer file sharing network, to an undercover FBI agent in May and June 2012. Thereafter, FBI agents executed a search warrant at the Covello’s home in Chili, where they recovered items of digital media. The items seized contained images of children, many of whom were under the age of 12, engaged in sexually explicit conduct, and many of which depicted acts of violence.

The defendant was previously convicted of sexual abuse, 1st degree in Monroe County. 

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

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

 

 

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Nelson Areizaga-Rosa, 37, and Ricardo Ortiz-Rosa, 41, both of Connecticut, pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of life in prison, an $8,000,000 fine, or both.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on March 17, 2011, the defendants were stopped for speeding by a Chautauqua County Sheriff’s deputy on I-86 in the Town of Ellicott. The defendants, who are cousins, were later arrested along with two other individuals.

Law enforcement officers subsequently discovered $60,000 in U.S. currency secreted in the spare tire of the vehicle the defendants were riding in, money that represented the proceeds from the sale of two kilograms of cocaine. Officers also seized more than a kilogram of heroin, a quantity of cocaine, and multiple firearms. An additional four defendants were also arrested. During a search warrant later executed at a residence in Campbell, Ohio, officers recovered another $205,000 in U.S. currency. Five vehicles were also seized during the course of the narcotics investigation.   

The defendants entered guilty pleas as a jury trial on the charges was about to begin. They are expected to receive 15 years when sentenced in April 2013. All eight defendants in this heroin trafficking investigation now stand convicted.  

The pleas are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Sheriff Joseph Gerace, and the Jamestown Police Department, under the direction of Harry Snellings.

Sentencing is scheduled for April 1, 2013 at 9:00 a.m. before Judge Skretny.

 

 

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Herit Melendez, 36, of Rochester, N.Y., who was convicted following a jury trial of possessing heroin with the intent to distribute it, and possessing a firearm in furtherance of a drug trafficking offense, was sentenced to five years in prison and five years supervised release by U.S. District Court Judge Frank P. Geraci.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Melendez was arrested in a bedroom after members of the Greater Rochester Area Narcotics Enforcement Team executed a search warrant at 27 Glasser Street on May 27, 2011. During the search, officers found and seized cocaine, heroin, marijuana and paraphernalia associated with drug trafficking. Officers also located a .22 caliber handgun and a .22 caliber rifle in the location, as well as $534.00 in U.S. currency.

The sentencing resulted from an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, and the Rochester Police Department, under the direction of Chief James M. Sheppard.

 

 

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Lopez-Polo, 25, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to child pornography. The charge is punishable by a maximum penalty of 10 years in prison and a fine of $250,000.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant possessed more than 600 images of child pornography on digital media he owned, including a computer and removable media. The images included prepubescent children, as well as depictions of violence against children.

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

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and Investigators from the Rochester Police Department, under the direction of Chief James Shephard.

Sentencing is scheduled for March 19, 2014, at 10:00 a.m. before Judge Larimer.

 

 

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Omer Fadhel Saleh Mohammed, 31, of Rochester, N.Y., pleaded guilty to making false bomb threats before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00 or both.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that on September 24, 2012, the defendant made three phone calls to 911 and told the operator that his acquaintances were terrorists and were going to blow up the Kodak Corporation. Mohammed made a fourth call on January 24, 2013 claiming that an acquaintance had explosives hidden at a location in Rochester and planned to use those explosives to bomb Kodak. The 911 calls resulted in emergency responses by the Rochester Police and Fire Departments and by Kodak security personnel, but searches failed to turn up any bombs or evidence that someone had attempted to plant a bomb at any of Kodak=s facilities.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

Sentencing is scheduled for April 4, 2014 before Judge Siragusa.

 

 

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael Tynes, 53, Michael Bland, 18, and Demetrian Bell-Bradley, 22, all of Buffalo, N.Y., were charged in separate indictments with bank robbery. The charge carries a maximum penalty of 20 years in prison, a $250,000,00 fine or both.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that Bland is accused of robbing 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.  Tynes is accused of robbing the M&T Bank located at 1300 Jefferson Avenue in Buffalo on September 11, 2013. Bell-Bradley is accused of robbing the Key Bank located at 306 West Ferry Street in Buffalo on November 6, 2013. The three defendants used notes threatening the use of weapons in all of the bank robberies.  

The indictments are the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, 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.

 

 

 

 

 

 

        ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Patrick Dandrea, 55, of Rochester, N.Y., who was convicted of filing false tax returns, was sentenced to 24 months in prison by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to pay $466,007.00 in restitution.

                Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was awarded a contract from Erie County in 2006 to remove damaged trees and branches following the October Storm. Dandrea received over $5,000,000 in payments which he failed to report on his 2006 and 2007 Federal Income Tax Returns. As a result, the Internal Revenue Service incurred a tax loss of over $460,000. In addition to being responsible for the tax loss, the defendant is also liable for interest payments and penalties of over $265,000 going back to 2006. Dandrea has previous federal convictions for mail fraud, wire fraud, money laundering, and conspiracy to distribute marijuana.

                The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, Criminal Investigations Division, under the direction of Special Agent in Charge Toni Weirauch, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

 

 

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that David Kellner, 49, of Delevan, N.Y., the former president of the Transport Workers Local 2020, who was convicted of filing a false financial report with the Secretary of Labor, was sentenced to two  years probation, to include six months of home detention, by U.S. Magistrate Judge Jeremiah J. McCarthy. In addition, Kellner was ordered to pay a fine of $2,000 and make restitution in the amount of $12,226 to the Transport Workers union.

Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that as president of Transport Workers Local 2020 from 2006 through 2009, the defendant filed with the Department of Labor, Labor-Management Standards, form LM-3 for the years 2007 and 2008. The form requires that all payments to officers be disclosed. Kellner failed to disclose that he had filed false invoices with the union. As a result, the defendant was reimbursed over $12,000 for expenses he did not incur or were paid for by the national union or Kellner's employer.   

The sentencing is the result of an investigation on the part of Special Agents of the United States Department of Labor, Office of Labor-Management Standards, under the direction of Acting District Director Mark J. Neylon.

 

 

 

 

 

        ROCHESTER, N.Y.CU.S. Attorney William J. Hochul, Jr. announced today that Donna Harabin, 61, of Clearwater, Florida, who was convicted of making false credit institution entries, was sentenced to time served by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated between January 2008 and December 2008, Harabin was president and manager of Telco Federal Credit Union in Elmira, N.Y. During that time, the defendant changed the delinquency dates and falsified payment entries on various loan accounts when she knew that the accounts were delinquent and in default. Harabin changed the due dates and payment information in the reports to make the loans appear more current.

The sentencing is the culmination of an investigation on the part Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

 

 

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Janelle Hawkins, 36, of Lockport, N.Y., a registered nurse, pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio to misprision of felony. The charge carries a maximum penalty of three years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that from July, 2009 through August 17, 2010, the defendant knew that her boyfriend, Eric Williams, a co-defendant in the investigation, was using the residence she owned at 118 Chestnut Street in Lockport to engage in drug trafficking activities. After conducting an extensive criminal investigation, including obtaining a wiretap for Williams’ cellular telephone, members of the Niagara County Drug Task Force and the Drug Enforcement Administration executed a federal search warrant at Hawkins’ residence on August 17, 2010. Agents seized drug paraphernalia and $8,614.00 in cash. They also seized more than a half kilogram of cocaine after apprehending Williams in a downstairs bathroom at Hawkins’ residence as he was flushing cocaine down a toilet.

Williams pleaded guilty to conspiracy to possess with intent to distribute and to distribute cocaine and was sentenced to five years in prison. Hawkins is one of 23 defendants convicted as a result of this drug investigation.

The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Niagara County Drug Task Force, under the direction of Sheriff James Votour.

 

 

 

 

 

BUFFALO, N.Y.— BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nicholas Mussolini, 27, of Williamsville, New York, pleaded guilty to a felony charge of Wire Fraud before U.S. District Court Judge Richard J. Arcara.  The charge carries a maximum penalty of a term of 20 years imprisonment, a term of supervised release of 3 years and a fine of $250,000.

Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant pleaded guilty to running fraudulent loan schemes, which resulted in over $1 million dollars in financial losses to six victim companies.  The schemes involved the defendant’s company, Preston Waters Corporation, which purported to be in the business of obtaining large loans for other companies. The defendant represented to victim companies that a deposit was required in order to secure loans on their behalf.  As part of this scheme, a certain victim company remitted over $400,000 to the defendant, as a deposit for a loan of approximately $11 million.  The defendant did not use this money to obtain a loan for the victim company, and instead, used the funds for personal and other expenses, and to repay other victims of his fraud scheme. Other victim companies included film and production companies seeking financing for the production of films, festivals, and other business ventures.

The plea was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig.

Sentencing is scheduled for April 7, 2014 at 1:00 p.m. in Buffalo, N.Y., in front of U.S. District Court Judge Richard J. Arcara.

 

 

 

 

 

        ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tina Holley, 36, of Rochester, NY, who previously plead guilty to conspiracy to possess crack cocaine with the intent to distribute it and possessing a firearm in furtherance of drug trafficking crimes, was sentenced to seven years in prison and three years’ supervised release by U.S. District Court Judge David G. Larimer. Holley was also ordered to pay a $3,367.00 fine and a $200 Special Penalty Assessment.

Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the case, stated that Holley was arrested when members of the Greater Rochester Area Narcotics Enforcement Team executed two narcotics search warrants at 399 Lake Avenue on April 6, 2010. Upon entering the location, officers encountered and arrested the co-defendant, Warren Love, at the threshold of the rear first floor apartment.  Holley was not there at the time.

In searching the rear first floor apartment, law enforcement officers located and seized over nineteen grams of crack cocaine which was in the process of being packaged for street level sale. Officers also located paraphernalia associated with drug trafficking, including digital scales and glassine zip lock bags. In addition to these items, law enforcement officers located and seized two bullet proof vests and two handguns, one of which was loaded with ten rounds of ammunition.

In searching the rear second floor apartment, officers also located a sophisticated surveillance system which showed the area outside of 399 Lake Avenue through the use of strategically mounted surveillance cameras. Officers located, in the same apartment, paraphernalia related to drug trafficking, as well as a loaded 40 caliber rifle which was underneath a sofa. Finally, officers found Holley’s daughter playing with Love’s son in the living room in which they found the loaded rifle.

Holley was arrested several months later in Madison, Wisconsin, after a United States grand jury had returned an indictment charging Holley and Love with drug trafficking and related firearms offenses.

These convictions in federal court resulted from an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, the Rochester Police Department, under the direction of Chief James M. Sheppard and Irondequoit Police Department, under the direction of Richard Boyan.

 

 

 

 

 

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Dale Lockwood, 61, of Buffalo, New York, was sentenced to 60 months in prison and 4 years supervised release by United States District Court Judge Richard J. Arcara.  The sentence followed the defendant’s conviction for conspiracy to possess with intent to distribute 500 grams or more of cocaine, and was part of a larger, federal criminal investigation into the Afro-Dogs Motorcycle Club.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that as part of their investigation, agents from the Drug Enforcement Administration intercepted the defendant and others engaging in narcotics-related conversations pursuant to a Court-ordered wiretap.  On March 3, 2011, agents and officers discovered inside Lockwood’s home at 567 Lasalle Avenue, over $71,000 in US currency, eight firearms, ammunition, and drug scales.  The overall Afro-Dogs investigation ultimately resulted in the indictment of 12 defendants, including Lockwood.  During the course of the investigation agents purchased or seized in excess of 1100 grams of cocaine or cocaine base and recovered 11 other firearms.

 Lockwood and five others charged in the case proceeded to trial in April of 2013.  While the jury convicted the leader of the Afro Dogs, Dewey Taylor, of numerous narcotics related charges, the jury was unable to reach a verdict as to Lockwood.  The defendant thereafter pleaded guilty to the narcotics charges giving rise to today’s sentence on August 5, 2013.

To date, nine defendants have been convicted in connection with the Afro Dogs investigation.  In addition to the term of imprisonment, Lockwood must also forfeit an additional $50,000 and any interest he may have in the Afro-Dogs Clubhouse at 1093/1095 Genesee Street.

The conviction was the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, law enforcement officers of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, Town of Tonawanda Police Department, under the direction of Chief Anthony J. Palombo, Lockport Police Department, under the direction of Chief Lawrence M. Eggert, along with Special Agents of the Bureau of Alcohol Tobacco and Firearms, under the direction of Resident Agent in Charge Frank Christiano.

 

 

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mark Robertson, 41, of Lockport, NY, was sentenced to 3 years supervised released with 6 months electronic monitoring, for his conviction for conspiracy to possess with intent to distribute, and to distribute, heroin.  Danielle Barton, 31, formerly of League City, Texas, was sentenced to 9 months in prison, 1 year supervised release, and fined $5,000, for conspiracy to commit money laundering.  Both sentences were imposed by Chief Judge William M. Skretny, United States District Court.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that the sentences imposed today were the result of an investigation into narcotics trafficking in Niagara County and the City of Buffalo conducted by the Drug Enforcement Administration and Niagara County Drug Taskforce.  Robertson distributed heroin in the Lockport, New York area from July 2009 through August 2010, which was supplied to him by co-defendants Damian Ard and John Cruz.  Barton, meanwhile, made cash deposits of approximately $131,000, which were proceeds of Will Johnson’s drug activities, into her bank account.

In total, investigators charged twenty-four defendants in connection with this investigation, twenty-two of whom have been convicted.  The leader of the narcotics trafficking operation, Will Johnson, was sentenced to 10 years in prison on September 13, 2013.

This conviction is the culmination of an investigation by Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and the Niagara County Sheriff’s Drug Task Force, under the direction of Sheriff James Votour.

 

 

 

 

 

        BUFFALO, N.Y.---U.S. Attorney William J. Hochul, Jr. announced that former medical doctor Daniel C. Gillick, 63, of Youngstown, N.Y., who previously pleaded guilty to obtaining controlled substances by fraud and health care fraud, was sentenced today to 6 months of home detention and 2 years’ probation.  As a part of the plea, the defendant surrendered his medical license.

Assistant U.S. Attorney Timothy C. Lynch and Maura K. O’Donnell, who handled the case, stated that between August 2011 and September 7, 2011, the defendant was employed as an emergency room physician at Schuyler Hospital. During that time, Gillick devised a scheme whereby on September 7, 2011, his then-girlfriend, Christine Guilfoyle, reported to the emergency room at Schuyler Hospital and pretended to suffer from a medical condition known as Trygeminal Neuralgia. The defendant then performed an apparent examination of her, fraudulently diagnosed her as suffering from Trygeminal Neuralgia and issued a prescription to her for Dilauded, a controlled substance.

In reality, Gillick?s girlfriend was not suffering from this condition, and had no medical need for the drug Dilaudid. In participating in this illegal scheme, the defendant defrauded Schuyler Hospital and also aided and abetted his former girlfriend in obtaining a controlled substance by fraud.

“This Office has previously spoken about the need for all segments of the community to understand and help combat the dangers associated with the illegal trafficking in painkillers,” said United States Attorney Hochul.  “Doctors and other medical professionals need to also understand that this Office will not hesitate to bring criminal charges against them when warranted by the facts and the law.” 

On November 22, 2013, U.S. Magistrate Judge Hugh B. Scott sentenced Christine Guilfoyle to time-served for her misdemeanor conviction for possessing cocaine base.

These cases are the result of an investigation on the part of Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Michael Cerretto, Customs and Border Protection, under the direction of James Engleman, Director of Field Operations, The New York State Attorney General Medicaid Fraud Control Unit, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Erie County Sheriff?s Department, under the direction of Sheriff Timothy Howard, the Depew Police Department, under the direction of Chief Stan Carwile, and the Niagara County Sheriff?s Drug Task Force, under the direction of Sheriff James Votour.

 

 

 

 

 

        BUFFALO, N.Y.---U.S. Attorney William J. Hochul, Jr. announced that former medical doctor Daniel C. Gillick, 63, of Youngstown, N.Y., who previously pleaded guilty to obtaining controlled substances by fraud and health care fraud, was sentenced today to 6 months of home detention and 2 years’ probation.  As a part of the plea, the defendant surrendered his medical license.

Assistant U.S. Attorney Timothy C. Lynch and Maura K. O’Donnell, who handled the case, stated that between August 2011 and September 7, 2011, the defendant was employed as an emergency room physician at Schuyler Hospital. During that time, Gillick devised a scheme whereby on September 7, 2011, his then-girlfriend, Christine Guilfoyle, reported to the emergency room at Schuyler Hospital and pretended to suffer from a medical condition known as Trygeminal Neuralgia. The defendant then performed an apparent examination of her, fraudulently diagnosed her as suffering from Trygeminal Neuralgia and issued a prescription to her for Dilauded, a controlled substance.

In reality, Gillick?s girlfriend was not suffering from this condition, and had no medical need for the drug Dilaudid. In participating in this illegal scheme, the defendant defrauded Schuyler Hospital and also aided and abetted his former girlfriend in obtaining a controlled substance by fraud.

“This Office has previously spoken about the need for all segments of the community to understand and help combat the dangers associated with the illegal trafficking in painkillers,” said United States Attorney Hochul.  “Doctors and other medical professionals need to also understand that this Office will not hesitate to bring criminal charges against them when warranted by the facts and the law.” 

On November 22, 2013, U.S. Magistrate Judge Hugh B. Scott sentenced Christine Guilfoyle to time-served for her misdemeanor conviction for possessing cocaine base.

These cases are the result of an investigation on the part of Special Agents of the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, the New York State Police, under the direction of Major Michael Cerretto, Customs and Border Protection, under the direction of James Engleman, Director of Field Operations, The New York State Attorney General Medicaid Fraud Control Unit, the Amherst Police Department, under the direction of Chief John Askey, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Erie County Sheriff?s Department, under the direction of Sheriff Timothy Howard, the Depew Police Department, under the direction of Chief Stan Carwile, and the Niagara County Sheriff?s Drug Task Force, under the direction of Sheriff James Votour.

 

 

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Bakusa Dukaray, 38, of Gambia, pleaded guilty to misuse of passport and aggravated identity theft before U.S. District Chief Judge William M. Skretny. The misuse of passport charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both. The aggravated identity theft charge carries a mandatory two year consecutive sentence to the misuse of passport charge.

              Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on May 5, 2013, Dukaray attempted to enter the U.S. at the Lewiston Bridge Port of Entry in Lewiston, N.Y. At that time, the defendant presented a Canadian passport issued to his friend. 

             The conviction is the result of an investigation on the part of Enforcement Officers of the U.S. Customs and Border Protection under the direction of Randy Howe, Acting Director of Field Operations.

              Sentencing is scheduled for March 5, 2014, at 9:00 am before Judge Skretny.

 

 

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that John M. Berry, Jr., 42, of Dunkirk, N.Y., who was convicted of making a false claim against the United States, was sentenced to 41 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay restitution in the amount of $92,462.12 to the Internal Revenue Service.   

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between September 3, 2008 and March 25, 2009, the defendant filed 122 false income tax returns for the tax years 2007 and 2008 with the Internal Revenue Service. During that time, Berry obtained the personal and identifying information for 122 recently deceased individuals and then used that information to file federal tax returns on behalf of the deceased. The defendant created fraudulent income and withholding information for the deceased and filed the returns electronically.

The 122 tax returns sought refunds totaling $217,520 from the Internal Revenue Service, of which the defendant received $92,462.12. The refunds were deposited directly into Berry’s bank account. 

“Identity theft is something that our Office, working with our law enforcement partners, takes very seriously,” said U.S. Attorney Hochul. “The defendant in this case not only stole the identities of recently deceased individuals which may have caused further grief to their loved ones, but he also cheated the taxpayers of this country. Such behavior will not be tolerated.” 

The sentencing is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigations, under the direction of Toni M. Weirauch, Special Agent in Charge.

 

 

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ben Medina, 25, of Buffalo, N.Y., who was convicted of conspiracy to possession with intent to distribute crack cocaine, cocaine and marijuana, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the defendant was a member of the 10th Street Gang. Between 2004 and July 2010, Medina along with other members and associates of the 10th Street Gang distributed illegal narcotics, including crack cocaine, cocaine and marijuana, on the West Side of Buffalo.

To date 26 members and associates of the 10th Street Gang have been convicted in connection with the investigation which began in 2009.

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

 

 

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Emma Mills, 38, of Buffalo, N.Y., pleaded guilty to conspiracy to file false claims with the Internal Revenue Service before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant conspired with others to defraud the Internal Revenue Service by creating false and fictitious W-2 forms. The forms were created by obtaining identification information from other persons. The fabricated W-2’s were submitted to the IRS with false tax returns, on which undeserved refunds and tax credits were claimed.

As part of her plea agreement, the defendant agreed to pay $35,519.00 in restitution to the Internal Revenue Service, and $6,976.00 to the New York State Department of Taxation and Finance.
The conviction is the result of an investigation on the part of Special Agents of the Internal Revenue Service, under the direction of Toni Weirauch, Special Agent in Charge.

Sentencing is scheduled for April 14, 2014 before Judge Arcara.

 

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Jonathan Dale, 61, formerly of Clarence, N.Y., pleaded guilty to failure to pay child support before Magistrate Judge H. Kenneth Schroeder. The charge carries a maximum sentence of six months in prison, a $5,000 fine, or both.

Assistant U.S. Attorney Marie P. Grisanti and Maura O’Donnell, who are handling the case, stated that from May of 1999 and continuing through to the present, Dale has failed to pay court ordered child support obligations and arrears totaling approximately $90,000.

            The conviction is the result of an investigation on the part of Special Agents of the United States Department of Health and Human Services, Office of Inspector General, Office of Investigations, under the direction of Special Agent in Charge Thomas O’Donnell.

Sentencing is scheduled for March 5, 2014, at 10:00 a.m. before Judge Schroeder.

 

 

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Liddon Young, 32, of Stone Mountain, Georgia, pleaded guilty today before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to unlawfully deal firearms without a federal firearms license and unlawfully dealing in firearms without a license, as well as selling firearms to a convicted felon. The charges carry a maximum sentence of 20 years in prison, a fine of $750,000 fine or both.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between August 2012 and February 6, 2013, Young conspired with Paul Davis to unlawfully traffic firearms from the Atlanta, Georgia area to Rochester. Young sold multiple firearms and rounds of ammunition to Davis in the Atlanta area which were then transported by Davis and others for illegal resale on the black market in Rochester. Young delivered 11 firearms to Davis on February 6, 2013 in Rochester as part of the conspiracy. Davis and others deposited money into a bank account in Young’s name as payment for the illegal firearms business.

“This is yet another positive development in our continuing fight against violent gun crime,” said U.S. Attorney Hochul. “Today, a person who brought numerous illegal firearms to Rochester stands convicted in Federal Court and faces a lengthy term in prison. Yesterday’s Federal Court jury conviction of three men who used firearms to murder three persons in Greece means that each will likely spend the rest of their lives in jail. As these cases demonstrate, law enforcement will not rest until all violent criminal operations are brought to justice.”

Paul Davis was arrested February 6, 2013 after selling a Georgia pistol to a confidential informant. Multiple federal search warrants executed resulted in the seizure of 10 additional firearms and hundreds of rounds of ammunition. Liddon Young was arrested in Rochester on February 8, 2013 in possession of a loaded .380 caliber pistol. Davis was convicted on gun charges in April 2012 and is awaiting sentencing.

The plea is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Joseph Anarumo and the Rochester Police Department, under the direction of Chief James Sheppard.

Sentencing is scheduled for March 3, 2014 at 3:30 pm. before Judge Geraci.

 

 

 

 

        Rochester, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dumitru Doban, a/k/a Octavian Kucera, a/k/a Kucera Oktavian, a/k/a Pavel Luhovny, a/k/a Michal Pudil, a/k/a Tomas Kulla, 27, of Moldova, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to wire fraud conspiracy. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant, a citizen of Moldova, participated in a conspiracy to defraud purchasers of motor vehicles over the Internet. As part of the scheme, vehicle advertisements were placed online via websites such as eBay, autotrader.com, and autotraderclassics.com. Potential buyers responded by e-mail to the advertisements and were be contacted by individuals identifying themselves as the listed sellers of the vehicles. E-mail correspondence occurred between the two parties with descriptions of the vehicles, negotiations of the purchase price, shipping information, and purchase information. Once an agreement was reached for the purchase of the vehicles, the buyers were instructed to utilize a third party, such as eBay Motors and Google Wallet, to conduct the transaction. These third-party websites (bogus and unrelated to legitimate third party websites) were made to look legitimate.

After signing up for the third-party websites, the buyers were sent e-mails (purporting to be from the third-party websites, such as eBay Motors and Google Wallet), directing them to send wire transfers for the purchase price, plus shipping costs, to bank accounts that were opened by the defendant in Rochester, New York, Columbus, Ohio, Alexandria, Virginia, and Birmingham, Alabama, using fake names and false Czech Republic passports. After the buyers sent the wire transfers to the bank accounts, the defendant sent the money overseas, primarily to the Ukraine and Moldova, through bank-to-bank wire transfers and money transfer services, or withdrew the money from the accounts. The prospective online buyers never received any of the vehicles supposedly offered for sale as part of the scheme.

A total of 18 people, from New York, California, Nevada, North Carolina, and Arizona, and Canada, were victims of the Internet fraud scheme. Those victims transferred a total of $257,489 to the bank accounts opened by the defendant. As part of the plea agreement, the defendant admitted that the overall conspiracy – which included similar fraudulent conduct by a co-conspirator, Alexandru Turcan, in the Northern District of New York -- involved losses of more than $400,000 but less than $1,000,000.

Another defendant, Vasile Leu, also a citizen of Moldova, is being prosecuted for allegedly participating in the same Internet fraud scheme. A federal grand jury returned an indictment charging Leu with wire fraud conspiracy on September 24, 2013. The case is still pending, and the defendant is presumed innocent unless and until convicted in a Court of law.

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian Boetig.

Sentencing is scheduled for April 7, 2014, at 3:00 p.m. before Judge Geraci.

 

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Darnele J. Nelson, 32, of California, pleaded guilty to possessing 15 or more unauthorized access devices, before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of 10 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on May 5, 2013, Nelson was found with approximately 100 unauthorized access devices,  including credit cards, debit cards and gift cards, as he attempted to enter Canada.  

           The conviction is the result of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and Customs and Border Protection, under the direction of Randy Howe, Acting Director of Field Operations.

            Sentencing is scheduled for April 1, 2014 at 12:30 p.m. before Judge Arcara.

 

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a resolution has been reached involving charges against two Massachusetts men charged with invading a private conversation between two NFL general managers.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on Joshua Barber and Nicholas Kaiser, both 21 of Plymouth, Massachusetts, intercepted a telephone conversation between former Buffalo Bills General Manger Buddy Nix and Tampa Bay Bucaneers General Manger Mark Dominik during which they discussed a number of private matters.

On May 20, 2013, Barber and Kaiser were charged by criminal complaint with intentionally intercepting a wire communication between private parties and with making a telephone call without disclosing their identity with the intent to annoy or harass the person at the called number. According to the criminal complaint, the defendants not only gained access to and intercepted the private conversation between the two General Managers, they also recorded it and sold it for $150.00 to a particular outlet. The private, recorded conversation was later made public.

The pending charges were resolved by the defendants entering into pre-trial diversion agreements with the Government. Under the terms of the diversion agreement, Barber and Kaiser must abide by certain terms and conditions for the next 18 months. If the defendants fail to comply with the diversion agreement, the charges could be re-instated by the Government. Those involved in this case supported the diversion disposition agreed to by the Government.  

            The resolution is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury found three defendants guilty of committing a triple murder in the town of Greece on March 9th, 2010. Richard Anderson, Andrew Wright and Aston Johnson were convicted of the murders of victims Christopher Green, Robert Moncriffe and Mark Wisdom.

“Today’s verdict brings to a successful conclusion one of the one of the most vicious episodes in recent memory,” said U.S. Attorney Hochul. “As this case demonstrates, the violence associated with narcotics trafficking can occur anywhere. It also shows the ability of law enforcement to solve crimes and track killers across multiple jurisdictions and regions of the country.  This office will not rest until all other violent criminal organizations are brought to justice.”

Specifically, Anderson, Wright and Johnson were convicted of possessing and discharging firearms and murdering the three victims in furtherance of a marijuana conspiracy. Each defendant faces a maximum of life in prison on each of the three murders. Anderson, Wright and Johnson were also convicted under a separate federal statute of intentionally killing the three victims while engaged in the marijuana conspiracy. They face maximum life in prison on each of those murder charges as well.

The defendants were also convicted of conspiring to possess with intent to distribute and to distribute at least 1000 kilograms of marijuana. Because of prior drug felony convictions, Richard Anderson and Andrew Wright face mandatory terms of life imprisonment on the conspiracy conviction. Aston Johnson faces a mandatory minimum term of imprisonment of 20 years and a maximum of life in prison on the conspiracy. In addition, the three men were also convicted of possessing three firearms in their drug storage house in Phoenix, Arizona, in furtherance of the marijuana conspiracy. They face a consecutive mandatory minimum term of imprisonment of five years and a maximum of life in prison on that conviction.

The federal jury trial lasted 10 weeks. The Government called a total of 65 witnesses to testify and introduced over 530 items of evidence. The trial was prosecuted by Assistant U.S. Attorneys Everardo (Andy) Rodriguez and Frank Sherman.

The verdict is the result of an investigation conducted by the Greece Police Department under the direction of Chief Todd Baxter; the Federal Bureau of Investigation under the direction of Special Agent in Charge Brian P. Boetig; the New York State Police, under the direction of Major Mark Koss; the Rochester Police Department under the direction of Chief James Sheppard; the U.S. Marshal?s Service under the direction of Marshal Charles Salina; the Monroe County District Attorney?s Office, under the direction of District Attorney Sandra Doorley; the Monroe County Sheriff?s Department, under the direction Sheriff Patrick O?Flynn; the Monroe County Crime Analysis Center; the United States Postal Inspection Service, under the direction of Raymond Williams; the U.S. Immigration and Customs Enforcement, under the direction of Special Agent in Charge James C. Spero; the U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, Jr,; the New York/New Jersey High Intensity Drug Trafficking area; the Franklin County, Ohio Sheriff?s Department; the Arizona Department of Public Safety; and the Los Angeles Police Department.

Richard Anderson will be sentenced on March 10, 2014 at 2:30 p.m.; Aston Johnson will be sentenced on March 11, 2014 at 2:15 p.m. and Andrew Wright will be sentenced on March 12, 2014 at 11:00 a.m., all before U.S. District Judge Charles J. Siragusa who presided over the trial of the case.

 

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr., announced today that Ronald Walker, 43, of Corona, N.Y., who was convicted of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin and conspiracy to commit money laundering, was sentenced to 10 years in prison by U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to assets totaling $2,500,000 to the United States, which represented the amount of proceeds from the drug trafficking conspiracy.

      Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that between 2005 and August 2012, the defendant was part of a conspiracy to distribute cocaine and heroin. During the time period of the conspiracy, Walker was in New York City and arranged for the distribution of quantities of cocaine and heroin through others to individuals who were transporting the drugs to Rochester and distributing them. The conspiracy involved at least 40 kilograms of cocaine and one kilogram of heroin. In addition, Walker laundered drug proceeds by placing at least $911,000 in cash in safe deposit boxes opened by other individuals to conceal the proceeds. In August 2012, authorities seized the cash from these safe deposit boxes, as well as approximately $615,000 in cash from two residences connected to the defendant. Walker agreed to forfeit all of that cash, as well as a 2012 Range Rover vehicle, articles of jewelry and two properties located in Corona, N.Y., and Union City, Georgia, as proceeds of his illegal activities.

      The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, investigators with the Rochester Police Department, under the direction of Chief James M. Sheppard, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni Weirauch, New York Field Office.

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Torano Spencer, 37, of Lockport, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine and cocaine base, was sentenced to three years probation with three months electronic monitoring by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between June 2009 and August 2010, Spencer distributed cocaine and cocaine base in the Lockport area which was supplied to him by co-defendant Eric Williams. Spencer is one of the 22 defendants convicted as a result of this drug investigation.

The conviction is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Niagara County Drug Task Force, under the direction of Sheriff James Votour.

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nannette Brown, 44, of Cheektowaga, N.Y., pleaded guilty before Chief U.S. District Judge William M. Skretny to conspiracy to commit money laundering. The charge carries a maximum penalty of 20 years in prison, a $500,000 fine or both.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that the defendant conspired with her son, Tyshawn Bradley, to use the proceeds of Tyshawn Bradley’s cocaine distribution network to purchase real estate located in Buffalo. Brown admitted that her son asked her to purchase the following properties in her name in order to conceal Tyshawn Bradley as being the true owner of the properties: 8 Norway Park; 16 Corwall Avenue; 514 Dodge Street; and 33 Gerhardt Street. 

Brown, Tyshawn Bradley and 10 others were arrested in April 2013 and charged with conspiracy to traffic 280 grams or more of cocaine base and 500 grams or more of cocaine within the Perry Housing Projects.

This case resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation conducted by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Brian P. Boetig, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent in Charge Frank Christiano. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for this nation's illegal drug supply.

Sentencing is set for April 2, 2013 at 9:00 a.m. before Judge Skretny.

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Alfonzo Maye a/k/a “Fonzo,” 41, of Lockport, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to possess with intent to distribute, and to distribute, cocaine. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that Maye distributed cocaine and cocaine base in the Lockport area from June, 2009 through August, 2010, which was supplied to him by co-defendant Eric Williams. Maye is one of 22 defendants convicted as a result of this drug investigation.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Niagara County Drug Task Force, under the direction of Sheriff James Votour.

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury returned an indictment charging Abdus Samad, 44, of Bronx, N.Y., with using a fraudulent immigration document. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that on August 22, 2013, Samad attempted to re-enter the United States from Canada at the Lewiston Bridge. The defendant presented a United States Passport which he obtained by making false statements in the application process. The Government alleges Samad failed to disclose his prior use of an alias in his initial asylum application with the Government.

The Indictment was the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the United States Department of State, Diplomatic Security Service, under the direction of Buffalo, New York Resident Agent in Charge Roy B. Stillman.

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 announced today that Daryl Vonneida, 63, of Dix, N.Y., who was convicted by a jury of 14 counts related to the sexual exploitation of children, including production of child pornography, transporting minors in interstate commerce for illegal sexual activity and possession of child pornography, was sentenced to life in prison by U.S. District Court Judge Charles J. Siragusa. 

Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant was sentenced life in prison on each of the counts of production of child pornography and transportation. Judge Siragusa also sentenced the defendant to 20 years on each of the possession of child pornography counts, all to be served concurrently. 

“This case sends a clear message that if you victimize a child, you could spend the rest of your life behind bars,” said U.S. Attorney Hochul. “It also reminds all of us that child predators can include persons who work in positions of trust, and that we must continue to be vigilant with respect to those who interact with our children.”

Vonneida was charged after two minor children came forward with allegations of abuse by the defendant. Members of the New York State Police and Federal Bureau of Investigation executed a search warrant at the defendant's residence in September 2011 and recovered videos produced by Vonneida in which he coerced four children to engage in sexually explicit conduct. The defendant admitted to producing the videos and to taking the children to Hershey Park, PA and Splash Lagoon in Erie, PA.

Evidence presented by the Government at trial showed that the defendant used his position as a volunteer photographer at a church in Horseheads to gain the trust of the parents and the victims. 

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and members of the New York State Police, under the direction of Major Mark Koss.

For more information, the public is encouraged to visit the following websites, which contain helpful information about protecting children from exploitation and abduction:

NY Sex Offender Registry http://www.criminaljustice.ny.gov/nsor/

DOJ National Sex Offender Public Website http://www.nsopw.gov/

What you can do to protect your child (NCJRS) https://www.ncjrs.gov/html/ojjdp/psc_english_02/intro.html

Office of Juvenile Justice and Delinquency Prevention, Department of Justice
OJJDP Publications?Child Protection http://ojjdp.ncjrs.org/pubs/missing.html

National Center for Missing and Exploited Children (NCMEC) http://www.missingkids.com

NCMEC’s website to teach children about dangers on the Internet http://www.netsmartz.org

The Federal Bureau of Investigation?s Crime Against Children Program webpage http://www.fbi.gov/hq/cid/cac/crimesmain.htm

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Sheri L. Becirovic, 47, of Hamburg, N.Y., who was convicted of conspiracy to defraud the government, was sentenced to time served by Chief U.S. District Court Judge William M. Skretny. The defendant has been in prison for 12 months. Becirovic was also ordered to pay $24,341.00 in restitution to the Internal Revenue Service.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant obtained the social security numbers of seven family members and friends. Becirovic provided those numbers, in addition to her own social security number, to a co-conspirator, Clifton Jackson, who used them to file fraudulent tax returns for the tax year 2011.

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 Special Agent- in-Charge Toni M. Weirauch, and the United States Postal Inspection Service under the direction of Kevin Niland, Inspector in Charge, Boston Division.

 

 

 

Buffalo, N.Y. – The United States Attorney’s Office announced today that Timothy Toohey,  66, of Lewiston, N.Y., who was convicted of receiving money stolen from an Indian Tribal Organization, and filing a false tax return, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara. In addition, the defendant was ordered to pay restitution in the amount of $540,000 to the Seneca Nation of Indians and $62,821 to the Internal Revenue Service.

First Assistant U.S. Attorney James P. Kennedy, Jr., who handled the case, stated that Toohey’s convictions arose as a result of the disbarred attorney's involvement in an effort to build a golf course in the Town of Lewiston. According to Kennedy, in April of 2002, Old Creek Development (OCD) was formed as a Limited Liability Corporation (LLC) by attorney Michael Dowd. Dowd was partners in OCD with two other individuals who together owned vacant land in the Town of Lewiston, and the primary reason that the LLC was formed was to develop a golf course on that land. While OCD initially sought to enter into an agreement with the Town of Lewiston to develop a municipal golf course, that effort did not succeed. At that point, the defendant decided to become involved by offering to bring together OCD (as seller) and the Seneca Nation of Indians (SNI) (as the purchaser) of the golf course site. To that end, Toohey contacted, inter alia, both Dowd (who was acting on behalf of OCD) and Bergal Mitchell, who was then the Vice Chairman of the Seneca Gaming Corporation (SGC) Board of Directors. The SGC is an entity which is wholly owned by the SNI. On February 19, 2005, the Tribal Council of the SNI passed a resolution related to the purchase of the land in Lewiston for a golf course. That resolution authorized the Seneca Niagara Falls Gaming Corporation (SNFGC), an entity wholly owned by the SGC, to acquire the land for the golf course for a purchase price which was "not to exceed $2.1 million."

In pleading guilty, Toohey admitted that during the course of the negotiations leading up to the sale of the property from OCD to the SNFGC, he and Bergal Mitchell entered into an unlawful agreement whereby each would, unbeknownst to SNI, receive a portion of the sale proceeds received by OCD from SNI. The defendant further admitted that both he and Bergal Mitchell undertook affirmative measures to conceal from members of the SNI Tribal Council, SGC and/or the SNFGC their interest in the transaction, including the fact that they were each personally going to receive a portion the sale proceeds.

According to Kennedy, the investigation revealed that after paying its expenses, OCD, on February 15, 2006, paid a total of roughly $1,400,000 for the six total parcels it obtained from the two property owners and the Town of Lewiston. On that same day, OCD conveyed title to the six parcels it had obtained to the SNFGC in exchange for $2,100,000. Of the sales proceeds received by OCD, Toohey, during 2006, received approximately $202,000, while Bergal Mitchell received approximately $248,000. In addition, Mitchell's wife Rachel received an additional $90,000. The tax conviction against Toohey resulted from his failure to report the $202,000 he received in the transaction as income on his 2006 tax return.

Immediately prior to sentencing Toohey, Judge Arcara set a date of June 17, 2014, for trial of the pending Indictment against Mitchell for his role in the transaction.

The conviction was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge and the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni M. Weirauch, Special Agent in Charge.

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a nine-count indictment charging Kenneth White, 37, of Buffalo, N.Y., with conspiracy to commit sex trafficking, sex trafficking by force, fraud or coercion and sex trafficking of a minor, and interstate transportation for commercial sex. The charges carry a maximum penalty of life in prison, a fine of $250,000 both. In addition, Caitlin Connelly, 29, also of Buffalo, was charged with conspiring with White to engage in sex trafficking.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the according to the indictment, between 2004 and December, 2012, White and Connelly conspired to cause five victims to engage in commercial sex acts, knowing and in reckless disregard of the fact that means of force, threats of force, fraud and coercion, and a combination of such means, would be used to cause the five victims to engage in those commercial sex acts. White also was charged with sex trafficking of a minor victim. In addition, White was charged transporting some of the victims out of New York State to engage in commercial sex acts.   

Kenneth White was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder. He is being held pending a detention hearing on November 26 at 3:15 p.m. Caitlyn Connelly will be arraigned on November 26 at 2:00 p.m.

The Indictment is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Special Agent- in-Charge Toni M. Weirauch.

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.