Western District of New York

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that Marc Walker, 53, of Amherst, N.Y., pleaded guilty to filing a false claim against the United States before Chief U.S. District Judge William M. Skretny.  The charge carries a maximum sentence of five years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant filed federal tax returns for the tax years 2007 through 2011. Walker fraudulently overstated the amount of tax payments withheld from his wages and as a result claimed that he was entitled to tax refunds totaling $46,278 for those years. In fact, the defendant had requested that only minimal amounts of money be withheld from his earnings as payments towards his federal tax liability. As a result of the criminal conduct, Walker received federal tax refunds totaling $23,692 to which he was not entitled. As part of his plea agreement, the defendant agreed to make restitution to the federal government and cooperate with the Internal Revenue Service in a civil tax proceeding.

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

Sentencing is scheduled for March 20, 2014, before Judge Skretny.

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tracy D. Anderson, 41, of Buffalo, N.Y., who was convicted of attempting to possess with intent to distribute, and to distribute, cocaine, was sentenced to 30 months in prison by U.S. District Court Judge Richard J, Arcara.

Assistant U.S. Attorneys Timothy C. Lynch and Frank T. Pimintel, who handled the case, stated that on August 8, 2012, the defendant accepted delivery of a package shipped from the U.S. Virgin Islands that she believed contained cocaine. Prior to delivery, the actual cocaine had been seized by law enforcement officers and replaced with something of similar size, shape and weight. After being arrested, Anderson admitted that she agreed to accept delivery of the package in exchange for $200.00.    

The sentencing is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Inspector in Charge Kevin Niland of the Boston Division and the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division.

 

 

 

        BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Montique Shelton, 38, of Buffalo, N.Y., who was convicted of conspiracy to commit money laundering, was sentenced to three years probation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that Shelton conspired with other individuals who were engaged in drug trafficking, and thereafter purchased real estate in the City of Buffalo in his name using drug proceeds. As a result of the investigation, the property at 341 Hinman Avenue in Buffalo has been forfeited.

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 Broan P. Boetig.

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that James Hamilton, Sr., 29, of Buffalo, N.Y., was arrested and charged by criminal complaint with possession with intent to distribute and distribution of marijuana; manufacturing and possession with intent to distribute 50 or more marijuana plants; maintaining a premises for the purpose of manufacturing and distributing marijuana; and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a minimum sentence of five years in prison, a maximum of life, a $2,000,000 fine or both.

“Those who take an oath to uphold the law are held to the highest stand of conduct and the vast majority of officers do just do that,” said U.S. Attorney Hochul. “Whether experienced or new to their position, this office will not hesitate to act when it receives evidence of criminal wrongdoing involving an officer. Thanks to the hard work of our law enforcement partners, this  case was brought to its conclusion within 24 hours of it being brought to our attention.”

Drug Enforcement Administration Special Agent in Charge Brian R. Crowell stated, "This officer’s actions have disgraced the men and women of law enforcement who work to keep our cities, states and nation safe.  Just this week, the largest medical group in the United States issued a statement outlining the public health harms of marijuana, which is the illicit drug that Hamilton produced and sold out of his house for profit, fueling the marijuana supply and health dangers in the Buffalo area. When dirty cops tarnish the badge of those they have sworn to protect, their selfish acts disregard their pledge to protect the citizens of Buffalo." Special Agent in Charge Crowell commends the DEA Buffalo Resident Office, Buffalo Police Department, Erie County Sheriff’s Department and U.S. Attorney’s Office for their quick and effective joint investigation.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on November 20, 2013, Hamilton, a probationary Buffalo Police Officer, sold two ¼ pound quantities of marijuana for $1,100 to a confidential source in the area of Bailey and Broadway in the City of Buffalo. The defendant was then called down to Buffalo Police Headquarters at which time he was arrested. Hamilton was found in possession of his department issued firearm at the time of his arrest.

Subsequently, a search warrant was executed at the defendant’s residence at 165 Floss Avenue in Buffalo. During the search, officers discovered a marijuana grow operation in the basement of Hamilton’s house which included 82 plants and approximately four pounds of harvested marijuana. In addition, officers recovered a shotgun in the defendant’s bedroom.  

Hamilton is scheduled to make an initial appearance at 2:15 p.m. this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder.

The criminal complaint is the culmination of an investigation by the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that James Dolly, 48, of Gasport, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine and crack cocaine, was sentenced to eight months home confinement and three-years supervised release by U.S. District Chief Judge William M. Skretny.

Also, Rodney McGilverly, a/k/a “Patches,” a/k/a “Cliff,” 37, 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, which carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Dolly distributed cocaine and cocaine base in the Gasport area from June, 2009 through August, 2010, which was supplied to him by co-defendant Damian Ard. Ard was convicted of conspiracy to possess with intent to distribute cocaine base, and is scheduled to be sentenced on January 6, 2014 at 9:00 a.m.  From March, 2010, through August, 2010, McGilverly distributed cocaine in the Lockport, which was supplied to him by co-defendant Eric Williams. On September 10, 2013, Williams was sentenced to five years in prison.

Dolly and McGilverly are two of 21 defendants convicted as a result of this drug investigation.

The sentencing and plea are 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, 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 Victor Osa Ohanmu, 54, of Pickering, Ontario, was convicted of attempting to enter the United States after deportation, subsequent to a conviction for an aggravated felony, and making a material false statement to Customs and Border Protection officers, following a jury trial before U.S. District Court Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison, a $250,000 fine or both.

            According to Assistant U.S. Attorneys Kathleen A. Lynch and Paul J. Campana, who handled the prosecution of the case, the defendant drove a vehicle to the Lewiston Bridge Port of Entry on March 14, 2013 and presented a Canadian passport under a different identity. When questioned, the defendant told the officers he was driving to Boston, Massachusetts for a funeral.

            Ohanmu falsely told the officers that he had not been in the U.S. before 1992, when, in fact, he had been convicted of an aggravated felony in 1990. The defendant was deported from the U.S. on two previous occasions, January 15, 1992 and February 12, 2003. 

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

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

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Myra Hight, 52, of Lake Tahoe, CA, pleaded guilty to marijuana conspiracy before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of five years in prison, a $250,000 fine or both. 

Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that the defendant was arrested on February 20, 2012 by Hamburg Police in the parking lot of a store in the Town of Hamburg. During a search of the car Hight was driving, officers recovered $77,000 in U.S. Currency, money the defendant admitted was proceeds of her marijuana trafficking conspiracy. 

The plea is the culmination of an investigation by the Hamburg Police Department, under the direction of Chief Michael Williams and the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division.

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kelly N. Borger, 31, of Rochester, N.Y. and West Hollywood, California, was charged by criminal complaint with conspiracy to submit false claims, wire fraud, and aggravated identity theft. The charges carry a maximum sentence of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Borger conspired with Michael Carney to prepare and file false income tax returns. The defendant sold Carney stolen personal identity information – including names and social security numbers – that Carney used to create fake W-2s and false income tax returns totaling over $500,000. Carney then paid the defendant for the stolen identity information with a portion of the fraudulently obtained refunds by depositing money into bank accounts that Borger controlled, including the bank account of her business, Alpha Females, Inc.

Michael Carney was convicted in California for his role in the crimes.

Borger made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson. The defendant was released on bail and is due back in court on January 9, 2014 at 9:00 a.m.

The criminal complaint is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni M. Weirauch, Special Agent in Charge.

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

 

 

 

        ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that John L. Lyons, of Caledonia, N.Y., who was convicted of extortion through interstate commerce, was sentenced to eight months in prison by U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that  between November 30, 2012 and December 20, 2012, the defendant posed as a private investigator in text messages to the president of a local company in Rochester who was involved in a contentious battle over control and operations of the family owned business. Specifically, Lyons, using his text messaging, stated to the victim that he had obtained incriminating information about the victim. The defendant further stated that if the victim paid Lyons $25,000 in cash, he would give the incriminating information to the victim, rather than turn over the information to the entities that hired Lyons to gather the information about victim.

The sentencing is 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.

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jose Gonzalez, 37, of Cheektowaga, N.Y., was convicted of possession of a short-barrel shotgun following a jury trial before U.S. District Judge William M. Skretny. Gonzalez faces a maximum 10 years in prison, a $10,000 fine or both. 

According to Assistant U.S. Attorneys Eric M. Opanga and Joseph M. Tripi, who handled the prosecution of the case, the defendant was driving his girlfriend’s car, which she reported to police had been stolen. Gonzalez and co-defendant Luis Osorio were stopped by Buffalo Police on Carolina St. because officers who were following the vehicle believed the defendants were attempting to evade police. During a subsequent search of the vehicle, officers discovered a defaced short-barrel shotgun behind the driver seat.

The defendant was acquitted on a charge of possession of a defaced firearm. The jury was unable to reach a verdict on charges of felon in possession of a firearm and possession of an unregistered short-barrel shotgun.

Gonzalez and Osorio were arrested on December 14, 2011. Osorio is scheduled to go to trial on December 3, 2013. 

The conviction is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

Sentencing is scheduled for February 5, 2014 at 9:00 a.m. before Judge Skretnty.

 

 

 

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Theresa Anderson, 57, of Buffalo, N.Y. who was convicted of conspiracy to distribute and distribution of crack cocaine, was sentenced to 188 months in prison by U.S. District Court Judge, Richard J. Arcara.
 
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that between 2000 and February 2012, Anderson headed an illegal narcotics drug trafficking organization that controlled drug sales on Swinburne and Deshler Streets in the City of Buffalo. The defendant employed several family members to sell crack cocaine on a daily basis in the neighborhood. In order to monopolize narcotics sales in the area, the defendant threatened and intimidated rival narcotics traffickers and even purchased several homes in the area which were used for selling and storing the illegal narcotics.
 
“This defendant not only destroyed her own family by leading them into a life of illegal narcotics trafficking, she also damaged the neighborhood where the drug trafficking took place,” said U.S. Attorney Hochul. "Together with our law enforcement partners, we will continue our efforts to make Buffalo and its neighborhoods a safer place to live.”

As part of this case, the Government seized over $50,000 in U.S. Currency and approximately nine houses used by the drug organization. 

Anderson was arrested in February 2012 along with eight others: Steven Butler; Dion Anderson; Melvin Calhoun; Anquensha Hodge, a/k/a Anne Anderson; Wymiko Anderson, a/k/a Red; Toshia Hodge, a/k/a Toshia Anderson; Tajia Anderson, a/k/a Porkchop; and Leo Mellerson; all of Buffalo. Five of these are either children or grandchildren of Anderson. A sixth defendant is Anderson's husband and the two others are boyfriends of Andersons' daughters. All nine have been convicted.

The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the New York State Police, Special Investigations Unit, under the direction of Major Thomas G. Marmion.

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a four-count indictment charging Georgia Bowen, a/k/a Georgia Bennett, 38, of Lackawanna, N.Y., with health care fraud and aggravated identity theft. The charges carry a maximum sentence of 10 years in prison, a $250,000 fine or both.

Assistant United States Attorney John E. Rogowski, who is handling this case, stated that according to the indictment, Bowen, a native and citizen of Jamaica, applied for Medicaid benefits through the Erie County Department of Social Services on three separate occasions in December 2010, November 2011, and June 2013. The defendant claimed to be a United States citizen and utilized social security numbers assigned to other persons. In August of this year, the defendant was charged in a criminal complaint in connection with the 2010 and 2011 applications which resulted in Medicaid paying over $19,000 in benefits to health care providers for services provided to Bowen, benefits for which the defendant was not entitled to receive.

In August 2010, Bowen was sentenced in federal court to two years in prison after being convicted of identity theft in connection with her fraudulent use of the name and social security number of another person which caused over $13,000 in Medicaid benefits to be paid through the Erie County Department of Social Services for medical services she had received. As a result of that conviction, removal proceedings against Bowen were initiated by the Department of Homeland Security.     

The indictment is the result of an investigation on the part of Special Agents of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Social Security Administration - Office of Inspector General, under the direction of Special Agent in Charge Edward Ryan.

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

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a 68-count indictment charging Brian Smith, 40, of Buffalo, N.Y., with defrauding various individuals, companies, and financial institutions, resulting in a total financial loss of over $1,000,000. The charges carry a maximum penalty of 30 years in prison, a fine of $1,000,000 or both. Brian Smith is also charged with aggravated identity theft, which carries a penalty of two years in prison.  Kelly Atkinson, 30, of Wake Forest, North Carolina, was also indicted on 13 counts, related to his role in some of the schemes to defraud.

Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that according to the indictment, Smith caused fraudulent loan applications and supporting documentation to be submitted to banks, credit unions, peer to peer lenders, and other business entities. In addition, Smith is accused of defrauding individuals out of funds under the guise of investing their money in real estate, when, in fact, he personally spent the money and did not purchase real estate. The indictment also charges Smith with using stolen identifying information from an individual to open a credit card and to obtain a vehicle.

Defendant Atkinson is charged with causing fraudulent loan applications and supporting documentation to be submitted to a credit union and another business for the purpose of obtaining loans.

The Indictment 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 Special Agents from the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.

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

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Novel Rogers, 25, of Buffalo, N.Y., was charged by criminal complaint with making, selling, and delivering fraudulent U.S. currency. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Maura K. O'Donnell, who is handling the case, stated that according to complaint, Rogers sold counterfeit currency to a cooperating witness on several occasions. A search was later conducted at Rogers’ residence where law enforcement officers found that the defendant was in possession of over $16,000 in counterfeit bills which he had produced.

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

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

 

 

 

        ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Ann Marie Laurini, 48, of Fairport, N.Y., was charged by criminal complaint with lying to Special Agents of the Internal Revenue Service. The carries a maximum sentence of five years in prison, a fine of $250,000, or both.

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

“Lying to a government official is not only unacceptable but it is criminal,” said U.S. Attorney Hochul. “Our Office will vigorously prosecute any attempts to interfere with the efforts of any federal investigation.”     

IRS Special Agent in Charge Weirauch said, “Simply stated, lying to a law enforcement officer conducting an official criminal investigation undermines the pursuit of justice. For this very reason, the government considers lying to a federal agent a very serious matter and will investigate such allegations and criminally prosecute those responsible.”

Laurini made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and was released on her own recognizance. The defendant is due back in court on  January 8, 2014, at 9:00 a.m.

The criminal complaint is the culmination of an investigation by Special Agents of the Internal Revenue Service, under the direction of Special Agent in Charge Toni Weirauch, and the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge.

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

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Salah Mohamed Ahmed, 37, of Chicago, Ill., who was convicted of conspiracy to distribute 50 kilograms or more of marijuana, was sentenced to 12 months in prison by Chief U.S. District Judge William M. Skretny.

Defendants Abdulfatah Mosed, Mohamed Taher, Basheer Saleh, Yasin Abdulla and Bradley Parry were previously convicted of conspiracy to possess with intent to distribute marijuana.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between late 2005 and May of 2007, Mohamed Taher operated a criminal enterprise that employed five or more individuals including the defendant. The enterprise imported marijuana into the United States from Canada, and then distributed the marijuana to customers in Detroit, Chicago and Buffalo. Salah Mohamed Ahmed assisted Taher by distributing quantities of marijuana in the City of Chicago. 

Taher was convicted of the charges following a four week jury trial before Chief U.S. District Judge William M. Skretny. Defendant Kaleel Albanna was acquitted of similar charges.

The sentencing is 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,  Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Customs and Border Protection, under the direction Randy Howe, Acting Director of Field Operations, the New York State Police, under the direction of Major Michael Cerretto, the Michigan State Police and the Willoughby Hills, Ohio Police Department.

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael Rory Woods, 44, of Buffalo, N.Y., was charged by criminal complaint with making false statements on a loan application in order to secure a refinance mortgage. The charges carry 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 according to the complaint, the defendant falsely inflated the income of a borrower on a loan application submitted to JP Morgan Chase Bank. The borrower, James P. Vasiliou, Jr., previously pleaded guilty to bank fraud in connection with making a false statement on a bank mortgage application.

The complaint alleges that Woods, through his mortgage brokerage firm, Buffalo Equity, submitted an application for a refinance mortgage inflating Vasiliou’s income by thousands of dollars. A week later, Woods submitted another application on behalf of Vasiliou for a refinance mortgage on the same property that grossly inflated Vasiliou’s income three times as much as the income listed on the first application. The second loan was approved based on the exaggerated income of Vasiliou. As a result of the scheme, JP Morgan Chase Bank suffered a loss.

The criminal complaint 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.    

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

 

 

 

        ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Mohammed Abdeldayem, a/k/a “Mike,” 34, of Rochester N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 10 in years prison by U.S. District Judge David G. Larimer.

Assistant U.S. Robert A. Marangola, who handled the case, stated that Abdeldayem, who operated a convenience store on Norton Street in Rochester, was responsible for the distribution of cocaine in Rochester that was trafficked in kilogram quantities from New York City. 

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, the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Gerald Smith, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.

 

 

 

        ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Robert Palermo, 29, of Rochester, N.Y., was arrested and charged by criminal complaint with witness tampering by attempting to kill another person to prevent that person’s testimony in an official proceeding, and threatening to assault and/or murder a Federal law enforcement officer in retaliation for performance of his official duties. The witness tampering charge carries a maximum sentence of 30 years in prison and a fine of $250,000. Threatening to assault a federal law enforcement officer carries a maximum sentence of six years in prison and a $250,000 fine.

          Assistant U.S. Robert A. Marangola, who is handling the case, stated that Palermo, who is in jail on pending federal charges of conspiracy to commit sex trafficking and sex trafficking of a minor, attempted to obtain a hit man to murder the 15 year-old female sex trafficking victim. According to the complaint, over the telephone and in letters, the defendant spoke to multiple individuals about his plot to have a hit man murder the victim in order to prevent her from testifying against him. To bring the murder plot to fruition, Palermo provided the victim’s name, description and directions to an address as well as the phone number for a person outside of jail for the hit man to contact on behalf of Palermo. Law enforcement learned of the plot before any harm came to the victim.

          Law enforcement officers pursued the investigation by monitoring Palermo’s conduct in jail and utilizing an undercover police officer to pose as a hit man. During the investigation, the defendant threatened a particular investigating FBI agent by stating that Palermo would “beat that guy’s face in” and that the agent would “end up in a f__king river.”

          The underlying sex trafficking case, which is being prosecuted by Assistant U.S. Attorney Tiffany H. Lee, alleges that Palermo and co-defendant Daniel Tanck, knowing the victim was then 14 years old, placed an ad on Backpage.com for her to engage in prostitution activities, took pictures of her for the Backpage.com ad at their residence on Emerson Street in the City of Rochester, and posted the advertisement using Tanck’s computer.  

          “The allegations in this case are especially egregious insofar as they accuse the defendant of attempting to victimize a young victim not once, but twice,” said U.S. Attorney Hochul. “Thanks to the diligent efforts of law enforcement officers, both efforts were unsuccessful.”     

          The criminal complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Rochester Police Department, under the direction of Chief James Sheppard, the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, and Special Agents of the FBI, under the direction of Brian P. Boetig, Special Agent in Charge, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.

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

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Tofeek Albanna, 37, of Lackawanna, N.Y., who was convicted of food stamp fraud, was sentenced to 15 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay $73,400 in restitution to the United States Department of Agriculture, which administers the federal government’s Supplemental Nutrition Assistance Program (“SNAP”), previously known as the Food Stamp Program.

Assistant U.S. Attorneys Robert C. Moscati and John E. Rogowski, who handled the prosecution of this case, stated that Albanna owned and operated LA Fashions on Holland Avenue in Lackawanna. Albanna primarily stocked clothing items along with a few food items in the store. The SNAP program requires that those receiving benefits purchase certain approved food items. Despite selling mostly clothing items, between February 2009 and April 2010, the defendant redeemed over $100,000 in SNAP benefits.

A lengthy investigation by state and federal law enforcement revealed that Albanna routinely sold clothing items to customers in exchange for SNAP benefits. In addition, the defendant paid cash, for a significant premium, for SNAP credits. The investigation, which utilized undercover officers who purchased clothing items with SNAP benefits, determined that the defendant fraudulently redeemed $73,400 in SNAP benefits.

The sentencing is the culmination of an investigation on the part of Special Agents of the United States Department of Agriculture, Office of Inspector General, Special Agents of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the New York State Police, under the direction of Major Michael Cerretto.

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Bishara Lott, 41, a Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to production of counterfeit currency. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that the defendant used a personal computer to print $5,090 in counterfeit $20, $50, and $100 bills. On July 2, 2013, Lott attempted to sell the counterfeit currency to an undercover operative of the Secret Service in return for $500 in genuine currency. 

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

Sentencing is scheduled for March 7, 2014, at 12:30 p.m. before Judge Arcara.

 

 

 

 

        BUFFALO, N.Y.—U.S. Attorney, William J. Hochul, Jr. announced that John Luchetti, 27, of Buffalo, N.Y., who was convicted of receipt of child pornography, was sentenced to 96 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant was convicted of receipt of child pornography in connection with his possession of numerous images of child pornography, some depicting prepubescent minors, and some depicting sadistic or masochistic conduct, and his use of an Internet file-sharing program to receive and distribute the images.

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 Attorney’s 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 by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

 

 

 

 

        ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jewell D. Wiggins, 46, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to possession of cocaine with intent to distribute and possession of a firearm and ammunition as a convicted felon. The charges carry a maximum penalty of 30 years in prison, a fine of $2,000,000, or both.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that the defendant was arrested after members of the Rochester Police Department, while conducting a routine traffic stop of his car, found the defendant in possession of a loaded .45 caliber Colt Combat Commander semiautomatic handgun. During the investigation, Wiggins made several admissions to possessing the firearm.

Once under arrest for possessing the firearm, the defendant was transported to the Rochester Police Department Public Safety Building. During this transport, the Rochester Police Department officer observed Wiggins moving around in the backseat of the police vehicle. As this was happening, the defendant stated, “I just want you to know, I’m only moving around back here because I have a bad leg, not because I’m doing anything funny.” The officer searched the rear of his patrol vehicle after he had turned the defendant over the Monroe County Jail and found that the defendant had discarded thirty small bags of cocaine and five small bags of marijuana. Officers also found that the defendant possessed over $300.00 in United States currency.

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

Sentencing is scheduled for January 15, 2014, at 2:00 p.m. before Judge Larimer.

 

 

 

 

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a three-count indictment charging Thomas A. Sparks, 21, of North Tonawanda, N.Y., with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, on June 25, 2013, the defendant knowingly received 94 images of child pornography. Sparks also possessed a SanDisk Cruzer Glide 4GB USB Flash Drive which contained images of child pornography. Some of these images depicted a prepubescent minor and a minor under 12 years old.  

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

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

 

 

 

 

        BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Paul J. Havlen, Jr., 48 of Attica, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to attempting to receive child pornography.

Assistant U.S. Attorneys Kathleen A. Lynch and Paul J. Campana, who are handling the case, stated the defendant posted an ad on Craigslist seeking a young man who was interested in smoking marijuana and engaging in sexual activities.  Between October 26, 2011 and December 19, 2011, Havlen engaged in graphic email and text exchanges with a person he believe to be a 15 year old boy. During those chats, the defendant asked the 15 year old for pictures and made arrangements to meet him at a park in Attica. The individual that Havlen was actually chatting with was an undercover police officer, and the defendant was arrested after he drove to the area of the park on December 19, 2011.

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

The plea is the culmination of an investigation on the part of the Special Agents of the Federal Bureau of Investigation, under the direction of Brian P. Boetig, Special Agent in Charge and the Wyoming County Sheriff’s Department, under the direction of Acting Sheriff Gregory J. Rudolph.

 

 

 

 

        BUFFALO, N.Y.--U.S. Attorney William J. Hochul Jr. and Drug Enforcement Administration Resident Agent in Charge Michelle Spahn announced today that the public will have another opportunity to prevent prescription pill abuse and theft by ridding their homes of potentially dangerous expired, unused, or unwanted prescription drugs. The seventh National Take Back Initiative will take place this Saturday, October 26th from 10:00 A.M. to 2:00 P.M. The service is free and anonymous, no questions asked. 

During the first six National Take Back events since September 2010, Americans turned in nearly 2.8 million pounds—almost 1,409 tons—of prescription drugs. Over 27 tons were collected in Western New York during the first six take backs, a total that represents one of the highest in the nation.

Prescription drugs that languish in medicine cabinets create a public health and safety concern because they are highly susceptible to diversion, misuse, and abuse.  Rates of prescription drug abuse in the U.S. are alarmingly high and indicate that almost twice as many Americans (6.8 million) currently abuse prescription drugs than the number of those abusing cocaine, hallucinogens, heroin, and inhalants combined, according to the 2012 National Survey on Drug Use and Health.  Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.

DEA is in the process of drafting regulations to implement the Secure and Responsible Drug Disposal Act of 2010, which amends the Controlled Substances Act to allow an “ultimate user” (the patient or patient’s caregiver, including the owners of animals being treated by veterinarians) of controlled substance medications to dispose of them by delivering them to entities authorized by the Attorney General to accept them.  The Act also allows the Attorney General to authorize long term care facilities to dispose of their residents’ controlled substances in certain instances. 

The following is a list of local collection sites:

Erie County Botanical Gardens, 2655 South Park Ave., Buffalo

St. Joseph’s Hospital, 2605 Harlem Rd., Cheektowaga

West Seneca Senior Center, 4620 Seneca St., West Seneca

Buffalo State College “C” Lot, 1300 Elmwood Ave., Buffalo

Kenmore Mercy Hospital, 2950 Elmwood Ave., Kenmore

West Herr Collision Center, 5140 Camp Road, Hamburg

Millard Fillmore Suburban Hospital, 1540 Maple Rd., Williamsville

DeGraff Memorial Hospital, 445 Tremont St. North Tonawanda

Twin District Fire Department, 4999 William St., Lancaster

Mercy Ambulatory Center, 3669 Southwestern Blvd, Orchard Park

Grand Island Town Hall, 2255 Baseline Rd., Grand Island

Lockport Plaza, South Transit and Willow Streets, Lockport

North Collins Police Department, 10543 Main St., North Collins

Former Niagara Falls Police Headquarters, 520 Hyde Park, Niagara Falls

Mt. St. Mary’s Hospital, 5300 Military Rd., Lewiston

Bertrand Chafee Hospital, 224 E. Main St., Springville

Gowanda Village Municipal Building, 27 East Main St., Gowanda

Cattaraugus Indian Reservation Health Center, 36 Thomas Indian School Drive, Irving

Pembroke Town Highway Barns, Routes 5 and 77, East Pembroke

Batavia Police Department, 10 W. Main St., Batavia

Arcade Police Station, 17 Church St., Arcade

Wyoming County Sheriff’s Department, 151 North Main St, Warsaw

Alstar Hqs. North, 738 Monroe St., Dunkirk

LeRoy Police Department, 3 W. Main St. Le Roy

Salamanca City Municipal Building, 225 Wildwood Ave., Salamanca

Lionel R. John Health Center, 987 R.C. Hoag Dr., Salamanca

Medina Fire Department, 600 Main St., Medina

Orleans County Public Safety Building, 13925 State Route 31, Albion

Geneseo Fire Department, 132 Center St., Geneseo

Holley Fire Department, 7 Thomas St., Holley

E. Avon Fire Department, 1615 W. Henrietta Road, Avon

Cuba Volunteer Fire Department, 51 East Main St., Cuba

Cattaraugus County Office Building, 1 Leo Moss Dr., Olean

Chautauqua Mall, 318 East Fairmount Ave., Lakewood

Brockport Police Department, 1 Clinton St., Brockport

Dansville Fire Department, 11 Franklin St., Dansville

Wellsville Fire Department, 20 S. Main St., Wellsville

Jamestown Pharmacy, 121 Liberty St., Jamestown
Monroe County Ecopark/Monroe County Sheriff’s Office, 10 Avion Dr., Rochester

Dansville Fire Department, 11 Franklin St., Dansville

Gates Police Department, 1605 Buffalo Rd., Gates

Brighton Police Department, 2300 Elmwood Ave., Brighton

Greece Police Department, 400 Island Cottage Rd., Greece

Almond Volunteer Fire Department, 1 Marvin Lane, Almond

East Rochester Police Department, 254 W. Ivy St., East Rochester

FF Thompson Hospital, 350 Parrish St., Canandaigua

Fairport Police Department, 31 S. Main St., Fairport

Webster Police Department, 226 Phillips Rd., Webster

Macedon Town Hall, 1620 Wayneport Rd., Macedon

Palmyra Police Department, 144 E. Main St. Palmyra

Wayne County Sheriff’s Office, Ontario Sub Station, 1850 Ridge Rd., Ontario

Wegman’s Plaza, 800 W. Miller St., Newark

Loson’s Big M Market, 33 Forgham St., Lyons

New York State Police, 3957 Rt. 104, Williamson

Yates County Sheriff's Department, 415 Liberty St., Penn Yan

Hammondsport Volunteer Fire Department, State Route 54, Hammondsport 

Sodus Police Department, 39 Gaylord St., Sodus

Tyrone Fire Station, 3600 State Route 226, Tyrone

Corning Police Department, 1 Civic Center Plaza, Corning

 

 

 

 

        BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has filed a seven-count indictment charging Yi Liu, 40, of Lexington, South Carolina, with stealing trade secrets from Sprung-brett RDI, a technology firm located in the University of Buffalo’s Technology Incubator on Sweet Home Road in Amherst. Liu was also charged with unlawfully accessing a Sprung-brett computer, the interstate transportation of the stolen trade secrets and wire fraud for attempting to obtain pay from Sprung-brett to which he was not entitled.

                The charges carry a maximum penalty of 60 years in prison, a $3,500,000 fine or both.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that according to the indictment, Liu, who holds a Ph.D.in mechanical engineering from the University of Waterloo (Ontario), left Sprung-brett’s employ in February of 2011. For seven months following his departure, the defendant retained the laptop computer that Sprung-brett had provided to him while he was employed by the company. During this time, Liu allegedly downloaded electronic files onto an external hard drive that comprised Sprung-brett trade secrets about “electric actuation system technology,” technology that the company was developing for possible use in nuclear submarines and on Air Force fighters. The indictment further states that the defendant later disclosed those trade secrets.

“Protecting scientific and technological innovations developed by businesses and entrepreneurs is of primary importance not just to those who create the idea, but to our region and country,” said U.S. Attorney Hochul. “This Office will protect the intellectual property of our residents, and will vigorously prosecute those who attempt to steal it.”  

At the time of Liu’s arrest, FBI agents searched his Lexington, South Carolina home and his office and workspace at the Apex Tool Group in Lexington. Agents seized computers and documents that are currently being analyzed.

                The indictment is the result of an investigation by the Buffalo Office of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and the Columbia, South Carolina Office of the Federal Bureau of Investigation, under the direction of Special Agent in Charge David Thomas.

 

 

 

 

         BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Anthony Bishop, 42, of Tonawanda, New York, was convicted by a federal jury of conspiracy to possess with intent to distribute more than five kilograms of cocaine. As a prior convicted drug felon, the defendant faces a mandatory minimum of 20 years in prison, a maximum of life and a $20,000,000 fine.  

Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on February 13, 2012, the defendant placed a call to the Buffalo Office of the Drug Enforcement Administration. Bishop alerted agents to an alleged drug trafficking conspiracy transporting and distributing 50 kilograms a month from Chicago to Buffalo. That information resulted in the arrest of seven defendants, all of whom have been convicted and are awaiting sentencing. During the course of that investigation, it was determined that Bishop was actually part of the conspiracy, and that he made the initial call to law enforcement to remove possible competitors.

Also during the investigation, agents seized more than $550,000 in cash, approximately two kilos of cocaine, other drug paraphernalia, four weapons, and a Ford Mustang.

The conviction 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.

Sentencing is scheduled for February 28, 2014 at 12:30 P.M. before U.S. District Court Judge Richard J. Arcara.

 

 

 

 

         BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that  Fitzgerald Anthony Hudson, 53, formerly of Western New York, who was convicted of health care fraud for lying about his qualifications to practice medicine, was sentenced to 24 months in prison and three years supervised release by Chief U.S. District Chief Judge William M. Skretny. The defendant was also ordered to pay restitution in the amount of $227,548.35.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in August 2008, the defendant submitted an application and was later accepted to work as a doctor in the Emergency Department at Jones Memorial Hospital in Wellsville, N.Y.  In his August application, the defendant stated that (1) he had earned a degree from York University in Ontario, Canada, (2) he had never voluntarily withdrawn or resigned any employment or privileges at any healthcare facility in order to avoid the imposition of disciplinary measures, and (3) he had never been denied or suspended from any healthcare facility. In fact, the defendant did not have a degree from York, had been suspended from his duties as a resident and dismissed from the residency program due to academic incompetence at the Warren Hospital Family Practice Residency Program in Phillipsburg, New Jersey, and had resigned from the Claxton-Hepburn Medical Center in Ogdensburg, New York after being told he would be terminated for poor performance.  
During the course of this prosecution, the government presented evidence that while employed at Jones Memorial Hospital, Hudson treated a five year old child who subsequently died shortly after being treated by the defendant. That case is now the subject of an ongoing wrongful death civil suit in state court. The government further introduced a New York State Board of Professional Medical Conduct investigation which concluded that the defendant obtained his medical license by fraud and while practicing medicine, and engaged in gross negligence and gross incompetence with at least five patients.  

“Each and every day, people across this country place their lives and their health – as well as the lives and health of their families - into the hands of those they believe to be trained medical professionals,” said U.S. Attorney Hochul.  “Such medical visits are always accompanied by the highest level of trust and hope that the person we are seeing is actually qualified to provide the care for which we are seeking treatment. It is difficult to imagine a more egregious case of health care fraud than this – where a person lies in order to become an Emergency Room physician, had been twice previously cited for incompetence and poor performance, and in fact was not a legitimate doctor at all. This Office will continue to crack down on all types of health care fraud and will vigorously prosecute those who lie about their qualifications to practice medicine.”

As for the defendant’s offense of conviction, the government established that once the defendant illegally obtained his medical staff appointment, Delphi Healthcare, Hudson’s employer, billed and received approximately $227,548.35 from Medicare, BlueCross BlueShield of Western New York, Univera Healthcare, and Independent Health for services rendered by the defendant.

The sentencing is 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, Special Agents of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Thomas O'Donnell, Special Agent in Charge, and Investigators with the Medicaid Fraud Control Unit of the New York State Attorney General’s Office.

 

 

 

 

         BUFFALO, N.Y. -- U.S. Attorney William J. Hochul announced today that Catherine Vitello, 40, of Elma, N.Y., was arrested and charged by criminal complaint with possession with intent to distribute and distribution of hydrocodone, fentanyl and alprazolam. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that the defendant is the Director of Nursing at the St. Catherine Laboure Health Care Center in Buffalo. According to the complaint, the defendant sold un-used prescription drugs from her office. These controlled substances included hydrocodone, fentanyl, oxycontin, morphine, and clonazepam. On two separate occasions in October 2013, Vitello sold hydrocodone, fentanyl and alprazolam to a confidential source working with the Drug Enforcement Administration.

“Today’s charges involve a health care professional who, instead of being a healer, acted as a drug dealer,” said U.S. Attorney Hochul. “Just last week, a jury convicted a local physician of writing over 10,000 illegal prescriptions. Prescription drug abuse is an epidemic in this country and we will continue to do our part to prosecute those who contribute to that epidemic.”

DEA Special Agent in Charge Crowell stated, “Over the past five years, emergency room visits involving the misuse or abuse of pharmaceutical drugs have doubled. Today’s arrests focused on a pharmaceutical drug dealer who led a double life disguised as the Director of Nursing at St. Catherine Laboure Health Care Center.  Supplying unused prescription drugs from her office, Catherine Vitello fueled the drug threat to our community and profited over $60,000 in the last year. We allege she distributed diverted prescription drugs on the streets of Buffalo with no concern for public health. I commend the men and women in the DEA Buffalo Resident Office and the Lackawanna Police Department for their diligence in this investigation and doing all they can do to protect our families from this dangerous threat.”    

The defendant will make an initial appearance at 1:30 p.m. this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy    

The criminal complaint is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Office, the Lackawanna Police Department, under the direction of Chief James Michel, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.

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

 

 

 

 

         ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Brian Campbell, 74, of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, to conspiring to engage in money laundering activities. The charge carries a maximum penalty of 20 years in prison, a fine of $500,000 or both.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant worked for Kenneth Griffin, a co-defendant who was convicted in May 2013, at an employment staffing business that was used to commit fraud. 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.

Griffin and others involved in the conspiracy sought to conceal their ill-gotten gains, which totaled approximately $567,000, by laundering the proceeds of the fraud using anonymous debit cards. These cards were provided to lower-level employees, who were directed to go to ATMs in the Rochester area to withdraw cash and return with the money, which was shared among the co-conspirators.

The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service, 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.

Sentencing is scheduled for January 16, 2014, at 3:00 p.m., before Judge Geraci.

 

 

 

         ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul announced today that Brian Wergin, 31, and Bohdan “Don” Luzecky, 46, both of Rochester, N.Y., who were both convicted of mail fraud, were sentenced by U.S. District Court Judge Frank P. Geraci, Jr. Wergin was sentenced to 21 months in prison and ordered to pay $281,964.34 in restitution. Luzecky was sentenced to 27 months in prison and to pay restitution in the amount of $235,499.34.

Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that while employed at Sutherland Global Services where they were assigned to provide technical support to Intuit, Inc., the defendants utilized Sutherland computers to place false and fraudulent orders for free, replacement discs of Intuit software, including TurboTax and Quicken. Between December 2009 and October 2011, the defendants ordered more than 6,500 discs to which they were not entitled. After receiving the software discs at addresses in Rochester and Atlanta, GA, the defendants sold the software online, including through eBay.com, to customers throughout the United States. Wergin and Luzecky then kept the proceeds for themselves, knowing that they were not authorized to obtain or sell the software.

The sentencings are the culmination of an investigation on the part of Inspectors of the United States Postal Inspection Service, under the direction of Inspector Kevin Niland, Boston Division, and 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 Alfredo Valentin, Jr., a/k/a Alfredo Valentine, a/k/a Fred Valentin, a/k/a Fred Vegas, 44, of Penfield, N.Y., who was convicted of conspiracy to possess with intent to distribute and distribution of one kilogram or more of heroin, was sentenced to 20 years in prison and 10 years supervised release by U.S. District Judge David G. Larimer. Valentin was also ordered to forfeit $74,690 in U.S. currency, a 9mm pistol, and rounds of ammunition seized during the investigation.

            Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Valentin purchased large quantities of heroin in New York City which he transported back to Rochester. The defendnat then processed, packaged, and resold the heroin in various quantities. Valentin was arrested January 16, 2013 while operating a rental car and was in possession of over 130 grams of heroin and $2,000 in U.S. currency. During the execution of a search warrant that same day at the defendant’s Plank Road residence in Penfield, law enforcement officers recovered a Hi-Point 9mm pistol with a defaced serial number, rounds of 9mm ammunition, and heroin trafficking paraphernalia. The investigation continued after Valentin was arrested and, on February 13, 2013, agents seized $72,690 in the defendant’s drug proceeds during the execution of a search warrant at 140 Central Park in Rochester.

            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, with assistance provided by the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the Rochester Police Department under the direction of Chief James M. Sheppard, the Monroe County District Attorney’s Office, under the direction of Sandra Doorley, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Resident Agent in Charge, Scott Heagney.

 

 

 

BUFFALO, N.Y.- U.S. Attorney William J. Hochul, Jr. announced today that Ryan Breen, 33, of Savannah, N.Y., who was convicted of selling counterfeit items from the popular FX Network Television series "Sons of Anarchy," was sentenced to five months in prison and five months home confinement by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay $5,394.15 in restitution to Twentieth Century Fox Entertainment Group, the producer and exclusive owner of the Sons of Anarchy TV series and its logos. 
According to Special Assistant U.S. Attorney Fauzia K Mattingly, who handled the case, Breen was identified as the owner and operator of various web sites which offered for sale over the Internet customized counterfeit t-shirts and goods using the Sons of Anarchy trademark without the permission of Fox. The defendant's web sites were seized by federal agents as part of a nationwide crackdown aimed at combating intellectual property theft.

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

 

 

 

BUFFALO, N.Y.– U.S. Attorney William J. Hochul announced today that Chris Coseglia, 27, from Ohio, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to one charge of being an accessory after the fact to a false statement under the Clean Air Act. The charge carries a maximum penalty of one year in prison, a fine of $125,000 or both.

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

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

This is the second defendant to plead guilty as part of the Kensington Towers asbestos abatement project. In addition to Ernest and Rai Johnson, other charged defendants include JMD project monitors Evan Harnden, and Brian Scott; and current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann.  The defendants are expected to go on trial October 22, 2013 before U.S. District Court Judge Richard J. Arcara. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Acting Special Agent-In-Charge, Vernesa Jones-Allen; Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Brian P. Boetig; Special Agents of the U.S. Department of Housing and Urban Development - Office of Inspector General, under the direction of Special Agent-In-Charge Cary Rubenstein; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett.  Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.

Sentencing is scheduled for February 13, 2014 at 12:30 p.m. before Judge Arcara.

 

 

 

         ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gordon J. Plugh, 42, of Wayland, N.Y., formerly of Rochester, N.Y., who was convicted of receipt of child pornography, was sentenced to 60 months in prison and 30 years supervised release by U.S. District Judge Charles J. Siragusa.

            Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in May 2005, the FBI received information that the website of the Great Plains Child Care Resource and Referral (GPCCRR) Center had been hacked and was used as a repository site for the distribution of child pornography. GPCCRR Center provided web logs which showed the visitors to particular areas of the website. The investigation into Internet Protocol addresses that had visited the hacked website led agents to interview the defendant at his residence in July 2005. Plugh voluntarily gave consent to the FBI agents to search two hard drives in his possession. Forensics performed on the hard drives revealed that they contained numerous images of child pornography.

            The defendant obtained over 600 images of child pornography using the file-sharing software KaZaa during the period between May 2003 and July 2005.

            The sentencing is 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.

 

 

 

         ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Rochester has returned a two-count indictment charging Barbara Tripi, 62, of Lyndhurst, Ohio, with interstate transportation of money taken by fraud and theft in connection with health care benefit program. The charges carry a maximum p[enalty of 20 years in prison and a $500,000 fine.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Tripi worked at Unity Health System as a director and was responsible for account oversight beginning in 2008. Sometime around February 2009, the defendant created and submitted fraudulent invoices to Unity Health System for purported coding work performed by a “Barbie Treple,” knowing that Barbie Treple did not exist and that the medical coding services listed on the invoices had never been performed. Tripi approved the payments made to Barbie Treple. Between February 2009 and August 2011, Unity Health System issued approximately 57 checks totaling approximately $268,800, all made payable to Barbie Treple. The defendant picked up the checks from the Unity Health System cashier in Greece, N.Y. and transported the checks back to the State of Ohio and deposited the checks in a U.S. Bank account she held in Ohio.

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

 

 

 

         ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ricky Miller, Sr., 55, of Rochester, N.Y., pleaded guilty to conspiracy to commit mail fraud in a telemarketing scheme before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 30 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Miller worked with a group based in Jamaica that ran a bogus sweepstakes telemarketing scheme. The scheme, which targeted the elderly, involved calling victims with news that they had won a sweepstakes prize or lottery. The victims were then asked for money in order to release the purported winnings. The defendant agreed to act as a point of contact in the United States to receive money from the victims which he then forwarded to Jamaica after taking a substantial cut for himself. Victims sent approximately $300,000 to Miller during the course of the scheme.

The plea is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Inspector In Charge Kevin Niland of the Boston Division.

 

 

 

         BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Sam Thurmond, 25, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to federal Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy) before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison, a fine of $250,000 or both.
           
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between 2000 and 2011, Thurmond was a member of the 10th Street Gang. As a part of his  involvement in the gang, the defendant participated in the murders of Brandon MacDonald and Darinell Young who were shot and killed on April 17, 2006.

            On April 16, 2006, rival 7th Street Gang members were believed to have shot a 10th Street Gang member. In response, Thurmond and other 10th Street Gang members planned to retaliate. On April 17, the defendant and others obtained firearms including several shotguns, a .22 caliber rifle, a .22 caliber handgun, a .44 caliber handgun, and a .380 caliber handgun. The defendant and other 10th Street Gang members and associates then went to the area around 155 Pennsylvania Street where they believed rival 7th Street Gang members involved in the shooting were located. The 10th Street Gang members and associates, including Thurmond, began shooting at the individuals sitting on the porch, and standing near 155 Pennsylvania Street. Brandon MacDonald and Darinell Young, who were not members of the 7th Street Gang, were both shot, and both died as a result of injuries sustained during the shooting.

            Thurmond is the 25th 10th Street Gang member or associate who has been convicted in connection with the investigation.

            The plea is the culmination of an investigation on the part of Investigators of the New York State Police under the direction of Major Michael Cerretto, the 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.

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

 

 

 

         ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that   Chad Speicher, 29, of Beaver Dams, N.Y., who was convicted of conspiracy to manufacture methamphetamine, was sentenced to 46 months in prison by U.S. District Judge Charles J. Siragusa.

            Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that the defendant, together with co-conspirators Shawn Rickard and John Barton, as well as others, conspired to manufacture methamphetamine in Millport, N.Y., from 2009 to May 18, 2011.  On this date, members of the New York State Police, Schuyler County Sheriff’s Office, Schuyler County District Attorney’s Office, Village of Watkins Glen Police Department and the Drug Enforcement Administration executed a state court-authorized search warrant at John Barton’s residence based on an ongoing investigation.

            In a shed on Barton’s property, law enforcement officers discovered an active methamphetamine laboratory which was in the process of producing methamphetamine, as well as methamphetamine and powder substances which tested positive for the presence of methamphetamine and pseudoephedrine. In the same shed, law enforcement officers also recovered multiple firearms, one of which was a handgun which officers located in Barton’s backpack, along with methamphetamine and over $8,000 in U.S. Currency. Officers also recovered marijuana from the house located on the property. 

            John Barton was sentenced to 180 months in prison on September 24, 2013. Shawn Rickard was sentenced to eight years in prison on September 18, 2013.

            The sentencing is the culmination of an investigation on the part of the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzary, Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Schuyler County Sheriff’s Department, under the direction of Sheriff William Yessman, and the Watkins Glen Police Department, under the direction of Chief Thomas R. Struble.

 

 

 

         ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr.  announced today that a federal grand jury in Rochester has returned a one-count indictment charging Vasile Leu, 33, of the Country of Moldova, with wire fraud conspiracy. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

            Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the indictment, the defendant, a citizen of Moldova, participated in a scheme to defraud purchasers of motor vehicles over the Internet. As part of the scheme, vehicle advertisements were placed online via web sites such as eBay, autotrader.com, and autotraderclassics.com.  Potential buyers would respond by e-mail to the advertisements and be contacted by individuals identifying themselves as the listed sellers of the vehicles.  Correspondence would occur 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 would be instructed to utilize a third party, such as Google Wallet, to conduct the transaction. These third-party web sites (bogus and unrelated to legitimate third party web sites) were made to look legitimate. Once the buyers signed up for the web sites, they were told that funds sent for the purchase of the vehicles would be secured by the third party while arrangements were made for the vehicles to be shipped. Buyers were also told that the money could not be accessed by the sellers unless instructed by the buyers, and that the buyers would have a five-day inspection period upon vehicle delivery.

            The buyers then received an email (purporting to be from the third-party web sites, such as eBay Motors and Google Wallet), directing them to send a wire transfer for the purchase price, plus shipping costs, to bank accounts that were opened by the defendant and a co-conspirator in Rochester, Wisconsin and California using fake names and false Czech Republic passports. After the buyers sent the wire transfers to the bank accounts, the defendant would wire transfer the proceeds overseas, primarily to bank accounts in Ukraine, or withdraw the proceeds. The buyers never received any of the vehicles offered for sale as part of the scheme. Eight individuals from other states and Canada were victimized.

            "This marks the second case this week involving deals that were simply too good to be true," said U.S. Attorney Hochul. "It is extremely important before purchasing any product over the internet that consumers do their homework and know exactly who it is they are doing business with. If you have any questions, consult the Better Business Bureau or visit www.stopfraud.gov."  

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

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

 

 

 

ROCHESTER, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that  John Anthony Barton, 33, of Dix, N.Y., was sentenced to 180 months in prison by U.S. District Judge Charles J. Siragusa. Barton was convicted following a jury trial of conspiracy to manufacture 500 grams or more of methamphetamine, possession with intent to distribute 500 grams of more of methamphetamine, possession of marijuana with intent to distribute, using his residence to manufacture, distribute and use methamphetamine and marijuana, and possession of firearms in furtherance of drug trafficking crimes.

            Assistant U.S. Attorneys Jennifer Noto and Charles E. Moynihan, who handled the prosecution of the case, stated that Barton was arrested on May 18, 2011, after members of the New York State Police, Schuyler County Sheriff’s Office, Schuyler County District Attorney’s Office, Village of Watkins Glen Police Department and the Drug Enforcement Administration executed a search warrant at Barton’s residence on Roloson Hollow Road in Dix. During the search, law enforcement officers discovered an active methamphetamine laboratory, which was in the process of producing methamphetamine, in a shed on the property. In the shed, law enforcement officers also recovered a total of eight firearms, including a loaded .45 caliber handgun, more than 30 grams of methamphetamine, and over $8,000 in cash. Officers also recovered approximately a pound of marijuana from the house located on the property. Testimony at the trial, which occurred in June of this year, also revealed that Barton, together with others, manufactured methamphetamine and distributed as much as 900 grams between 2009 and May 18, 2011.

            “Methamphetamine is a dangerous and addictive drug that even in small doses can cause permanent harm to those who use it,” said U.S. Attorney Hochul. “Besides causing lasting brain damage, this substance has been known to cause facial disfigurement and other serious physical maladies. Beyond what the drug does to the user, those who make methamphetamine create an environmental hazard for the entire community by the toxic substances used in the production process. This sentence is therefore completely appropriate given the entire facts of this case.”   

            At the time of Barton’s arrest, two others – Shawn Rickard and Chad Speicher – were also arrested. Rickard pleaded guilty to narcotics conspiracy involving 500 grams or more of methamphetamine and possession of firearms in furtherance of a drug trafficking crime and was sentenced to eight years in prison. Speicher pleaded guilty to narcotics conspiracy and is awaiting sentencing.

            The sentencing is the culmination of an investigation on the part of the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzary, Special Agents of the Drug Enforcement Administration, under the direction of Timothy Kernan, Resident Agent in Charge, New York State Police Community Narcotics Enforcement Team (CNET) under the direction of  Major Wayne C. Olson, the Schuyler County Sheriff’s Department, under the direction of Sheriff William Yessman, and the Watkins Glen Police Department, under the direction of Chief Thomas R. Struble.

 

 

 

         ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Michael J. Rolfe, 48, of Gates, N.Y., who was convicted of the transportation of a minor, was sentenced to 17 years in prison and 20 years of supervised release by U.S. District Judge Frank P. Geraci, Jr..

          Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that in August 2012, while employed as a long distance truck driver, the defendant took a child who was less than 12 years old, on a trip from Rochester, N.Y. to locations in Texas. Rolfe engaged in sexual acts, on more than one occasion, with the child while traveling outside of New York. The defendant was previously convicted on federal charges of possessing child pornography while serving in the U.S. Navy in 2002.

          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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent In Charge James C. Spero, along with Investigators from the New York State Police, under the direction of Superintendent Joseph D’Amico.

 

 

 

         ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Ford, 28, of Elmira, N.Y., who was convicted of conspiracy and filing false federal income tax returns, was by U.S. District Court Judge Charles J. Siragusa to five years probation, six months confinement at a community facility, and ordered to pay the Internal Revenue Service $67,926 in restituion.

            Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that in 2005 and 2006, the defendant and her sister, Dawn White, filed several false income tax returns with the Internal Revenue Service and the State of New York. Specifically, the tax returns contained false wage and tax withholding information that resulted in refunds to which Ford was not entitled. For example, for the 2005 tax year, Ford submitted a return claiming she had earned income from General Revenue Corporation in the amount of $92,000 and had $39,000 in federal taxes withheld. In actuality, the defendant earned only $2,692 from General Revenue Corporation and had only $294 in taxes withheld. As a result of the false return, Ford received $21,022 refund. In total, 13 false tax returns were filed, resulting in a loss of approximately $100,000 to the IRS.

            Dawn White was convicted at trial in early 2012 and was sentenced in March 2013 to 33 months in prison.

            The conviction was 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.

 

 

 

         BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr., announced today that four men were arrested this morning in Brooklyn, N.Y., and charged by criminal complaint with participating in a fraudulent lottery scheme being operated from Jamaica. The scheme  targeted elderly citizens throughout the United States, including two seniors living in Western New York. Under arrest are: Corey Buddle, Orlando Buddle, and Otis Ricketts, all of Brooklyn, and Horace Buddle, of Montego Bay, Jamaica. The defendants are charged with conspiring to commit mail fraud, wire fraud, and money laundering. The charges each carry a maximum penalty of 20 years in prison, and fines up to $500,000.
           
            Special Assistant U.S. Attorney Fauzia K. Mattingly, who is handling the case, stated that according to the complaint, the defendants conspired with others to defraud senior citizens by luring them into believing that they had won millions of dollars in the lottery, as well as a Mercedes Benz in many cases in exchange for fees paid up front. The scheme typically utilized contact by mail, telephone or fax and also involved high pressure tactics and threats to coerce the victims to send money. In one instance, a victim was threatened with legal action possible arrest if she did not make payments to the defendants.

            In response to the false claims made by the defendants, victims sent payments of more than $275,000 to a residence in Brooklyn or to designated bank accounts between March 2011 and June 2013. Additional payments of unknown amounts were sent by victims to the same address in Brooklyn. According to the complaint, at least 10 elderly victims were identified by law enforcement officials, and there are believed to be others who have been victimized by this scheme. The victims include an 83 year man from Buffalo and a 71 year old man from Rochester. Some of the funds acquired from victims in the United States were transported to Jamaica, or otherwise transferred out of the country by wire transactions or ATM withdrawals at locations in Jamaica.

            “We often say if it sounds too good to be true it probably is,” said U.S. Attorney Hochul. “In this case, 10 elderly victims were promised millions of dollars and luxury cars in exchange for a fee. If they did not pay up, they were threatened. If you are approached about participating in a lottery and are asked to submit money, you need to think twice.  And, if you are ever threatened with legal action or arrest, contact the proper authorities. For more information, go to www.stopfraud.gov.” 

            The defendants are scheduled to appear today in U.S. District Court in Brooklyn.

            The criminal complaint is the result of an investigation on the part of the United States Postal Inspection Service, under the direction of Inspector In Charge Kevin Niland of the Boston Division, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

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

 

 

 

         BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a five-count indictment charging Andre Jones, Jr., 25, and Carvis McCutcheon, 33, both of Lackawanna, N.Y., with narcotics conspiracy and possession with intent to distribute and distribution of cocaine and crack cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.

            Assistant U.S. Attorney John M. Alsup, who is handling the case, stated that according to the indictment, between August 2012 and September 5, 2013, the defendants conspired together to obtain and sell cocaine and crack cocaine in the City of Lackawanna. The indictment further states that drug sales occurred within 1000 feet of the Baker Homes, a public housing facility owned by the Lackawanna Municipal Housing Authority . 

The indictment is the result of an investigation on the part of the City of Lackawanna Police Department under the direction of Chief James Michel, and the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division.

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

 

 

 

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. and Acting Assistant Attorney Robert G. Dreher, of the Environment and Natural Resources Division of the U.S. Department of Justice, announced today that a federal grand jury has returned a five count Indictment charging William L. Huntress, 57, of Buffalo, N.Y., and two companies he controlled, Acquest Development, LLC and Acquest Transit, LLC, with conspiracy to defraud the United States and obstruction of justice. In addition, Huntress and the companies are charged with making a false statement and concealing material facts, and criminal contempt. The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.

            According to the indictment, in January 2006, the defendants purchased a 97-acre piece of property at 10880 Transit Road in Amherst, N.Y. Prior to the purchase, the defendants obtained a wetland delineation for the site which concluded that 76.3 acres or 79% of the site qualified as federally jurisdictional wetlands. After the purchase, the Environmental Protection Agency (EPA) began an investigation to determine whether the site contained federal wetlands and was within the jurisdiction of the Clean Water Act. As part of that investigation, the EPA sought information from the defendants, including a request for any prior wetland delineations conducted.

            Also according to the indictment, the defendants failed to disclose the existence of their prior wetland delineation, and made false statements regarding activity that was occurring on the site. The indictment further states that in a civil lawsuit involving defendant Acquest Transit, the United States District Court for the Western District of New York enjoined that company and its officers, agents and employees from performing any further earthmoving activity. However, in May 2010, defendant Huntress hired a local farmer to conduct agricultural and earthmoving activity on the site. 

            The same defendants were charged in an indictment on November 9, 2011. That indictment was dismissed by the District Court in an order dated March 25, 2013.

            The Indictment is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Acting Special Agent-In-Charge, Vernesa Jones-Allen. The evidence was presented to the Grand Jury by Assistant U.S. Attorney Mango and Trial Attorney Gleason, who will handle the trial of the case.

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

 

 

         Buffalo, N.Y.-- -The United States Attorney's Office for the Western District of New York announced today that Lisa M. Yaeger, 49, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to three misdemeanor charges of submitting false documents to the Internal Revenue Service. Each charge carries a maximum penalty of one year in prison, a fine of $100,000 or both.

            Assistant U.S. Attorney Gretchen L. Wylegala, who handled the case, stated that the defendant, an attorney who was employed in a variety of public positions, also maintained a private practice. Yaeger failed to report substantial amounts of income she received from her private practice in the years 2005, 2006 and 2007. The tax loss attributable to the undisclosed income exceeded $22,000.

 

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

            Sentencing is scheduled for  February 10, 2014, at  12:30 p.m. before Judge Arcara.

 

 

 

         BUFFALO, N.Y. --U.S. Attorney William J. Hochul, Jr. announced today that Petar Petrov,  41, of Mississauga, Ontario, and Evgeniy Bandarmaliev, 50, of Toronto, Ontario, were arrested and charged by criminal complaint with conspiracy to commit access device fraud and use of counterfeit access devices.  The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney John E. Rogowski, who is handling the case, stated that according to the complaint, on September 2, 2013, Petrov attempted to enter the United States at the Lewiston Queenston Bridge. During an inspection, law enforcement officers found 10 counterfeit access devices.

After consultation with Canadian law enforcement, Special Agents with Homeland Security learned that Petrov and his associate, Bandarmaliev, were under investigation by Canadian authorities for placing illegal skimming devices on ATM machines in Canada. The machines captured account information, including PIN numbers, from ATM customers. Agents then obtained numerous security photographs from banks in the United States, including several in the Buffalo area, which depicted Pertov and Bandarmaliev using counterfeit access devices with the information from the Canadian accounts to withdraw cash. The complaint alleges that Pertov and Bandarmaliev obtained over $35,000 from this illegal activity between July 30, 2013 and September 2, 2013.       
The complaint 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.

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

 

 

         BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that William W. Wilson, 23, of Columbus, Ohio, who was convicted of aiding and abetting his elder brother, Michael Wilson, in the possession of money unlawfully taken from a federally insured bank, was sentenced to 18 months probation by Chief U.S. District Judge William M. Skretny.

            Assistant U.S. Attorney Paul J. Campana, who handled the case, stated that  William Wilson, acting under the direction of Michael Wilson, assisted his older brother in July 2010 in obtaining $71, 875 from an investor who resided in Utah. The investor sent the money through a California-based escrow agent in two separate wire transfers four days apart. Nearly all of the funds, however, were immediately frozen and later seized through the efforts of the FBI, the Internal Revenue Service, and the U.S. Attorney’s Office. The money subsequently was returned to the victim investor. At sentencing, Chief Judge Skretny noted that William Wilson did not benefit financially from his role in the offense.

            Michael Wilson, 26, of Toronto, Ontario, is charged in a 47-count indictment returned by a federal grand jury December 2010. The indictment charges Michael Wilson with an $8,000,000 investment fraud scheme involving several companies allegedly controlled by Michael Wilson, and  known generally as New Frontier Holdings. Michael Wilson was arrested in Canada in July 2013 on an extradition warrant arising from the indictment. Michael Wilson’s extradition hearing in Canada is scheduled for December 12, 2013.

            Today's sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and the Internal Revenue Service, Criminal Investigation Division, under the direction of  Special Agent- in-Charge Toni M. Weirauch.