Western District of New York

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Hakan Umsu, 32, of Rochester, N.Y., who was convicted of criminal copyright infringement involving Christmas ornaments that he was selling at kiosks in local malls, was sentenced to one year probation by U.S. District Court Judge Richard J. Arcara.  

            Special Assistant U.S. Attorney Fauzia K. Mattingly, who handled the case, stated that Umsu had obtained the ornaments from a company in China which were replicas of the copyright-protected holiday ornaments created by Rudolph & Me, Inc., a family-owned company located in Sarasota, FL. The defendant then sold the ornaments at kiosks in local malls during the retail holiday season. 

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.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Kenneth M. Griffin, 45, of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, to conspiring to commit mail and wire fraud and conspiring to engage in money laundering activities. The charges carry 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 owned and controlled an employment staffing business that he operated under various names, including LHT USA, Inc., and Cambridge Personnel, Inc. From August 2007 to June 2008, Griffin conspired with others to commit mail and wire fraud, and also to launder their ill-gotten gains, which totaled more than $500,000. Among other things, 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.

For example, on April 15, 2008, $19,000 worth of false invoices were issued for Griffin's business, Cambridge Personnel. The invoices claimed that the defendant had provided services to various customers which he had not. Griffin then sold these false invoices to New Century Financial, the third and final victim of his scheme.

            To conceal his involvement in the conspiracy, Griffin created corporations such as LHT USA and Cambridge Personnel, and put those corporations in the names of nominee owners.  The defendant further concealed his involvement by laundering the proceeds of the fraud by using the services of a debit card company known as Comdata Corporation.  Griffin and his co-conspirators created and used an account at Comdata to receive the proceeds of their fraud, and to conceal their ownership and control over these proceeds.  They concealed their control and ownership over the fraudulently obtained money by transferring the funds on to Comdata debit cards, which are anonymous on their face. Griffin then provided these anonymous Comdata cards to lower-level employees with directions to go to ATMs around the Rochester area to withdraw cash and then return the cash to defendant.

            “This case is another example of why it is so important for all to know who they are doing business with,” said U.S. Attorney Hochul. “Fraud costs American businesses and individuals literally billions of dollars each and every year.  While this Office will continue to vigorously investigate and prosecute fraud wherever it occurs, still the best defense is for our citizens to guard against letting it happen in the first place.  For more information on how to protect yourself, visit the www.Stopfraud.gov website, or contact our Office day or night.”    

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

            Sentencing is scheduled for August 28, at 9:30 a.m. before Judge Geraci.

 

 

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Renee Britton, 25, of Taylor, Michigan, who was convicted of wire fraud for her participation in an international wire fraud ring, was sentenced to eight months of home detention and three years of probation by Chief U.S. District Court Judge William M. Skretny. Britton was also ordered to pay up to $26,736.95 in restitution to victims of the scheme.

            Assistant U.S. Attorney Fauzia K. Mattingly, who handled the case, stated that Britton received payments from victims who had applied for loans over the Internet with seemingly legitimate financial lenders which were in fact virtual companies being operated by scammers in Canada.  The victims were led to believe that once they paid an up-front fee to Britton and others, they would receive the loan proceeds. The victims never received the loans or a refund of their payments. To date, defrauded victims have lost more than $3.5 million to the loan scheme, and approximately 2,700 victims of the fraud have been identified by law enforcement.  In total, 21 individuals have been arrested in connection with this fraud scheme, and the cases are pending before the U.S. District Court in Buffalo.

            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, Jr. announced today that Destinee McBride, 22, of Buffalo, N.Y., pleaded guilty before U.S. District Judge William M. Skretny, to wire fraud affecting a financial institution. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000 or both.

            Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant was part of a scheme to defraud the government by obtaining money from the  filing of false tax returns. McBride received the proceeds from one of the fraudulent tax returns which was filed with the Internal Revenue Service and for which the refund was placed on a prepaid debit card. The defendant used that card to obtain cash from an ATM and merchandise from private businesses. As a result of the scheme, losses to the Internal Revenue Service totaled $534,782.00.

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

            The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation Division, under the direction of  Special Agent- in-Charge Toni M. Weirauch,  and the United States Postal Inspection Service under the direction of Kevin Niland, Inspector in Charge, Boston Division.

            Sentencing is scheduled for August 29, 2013, at 9:00 a.m. before Judge Skretny.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jay Vellon, 40, of Buffalo, N.Y., who was convicted of conspiracy to possess with the intent to distribute, and to distribute, heroin, was sentenced to 100 months in prison by U.S. District Judge Richard J. Arcara.

            Assistant U.S. Attorney Robert C. Moscati, who handled the case, stated that between June 2008 and February 2010, Vellon conspired with others to distribute heroin in the Buffalo area. The defendant was charged, along with 26 others, in March 2010 following a joint federal, state and local takedown at Rick’s Tally Ho in Cheektowaga and 24K Solid Gold in Hamburg. To date, 26 defendants have been convicted. Assistant U.S. Attorney George C. Burgasser was also involved in the prosecution of this case.

            The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Rodriguez Brown, 35, of Niagara Falls, N.Y., pleaded guilty before Chief U.S. District Judge William M. Skretny, to being a felon in possession of a firearm and witness tampering. The charges carry a maximum penalty of 20 years in prison, a $250,000 fine, or both.

            Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that between 2009 and 2010, Brown sold crack cocaine in the City of Niagara Falls. In May 2010, Niagara Falls Police officers executed a search at the defendant’s residence on 77th Street and recovered a loaded shotgun and ammunition. Brown was indicted on charges of being a felon in possession of a firearm and related drug offenses in August of 2010. In April 2012, with federal charges pending, Brown attempted to bribe a witness in the case and was charged additionally with witness tampering.

            The plea 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, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

            Sentencing is scheduled for August 27, 2013 at 9:00 a.m. before Judge Skretny.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Rodriguez Brown, 35, of Niagara Falls, N.Y., pleaded guilty before Chief U.S. District Judge William M. Skretny, to being a felon in possession of a firearm and witness tampering. The charges carry a maximum penalty of 20 years in prison, a $250,000 fine, or both.

            Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that between 2009 and 2010, Brown sold crack cocaine in the City of Niagara Falls. In May 2010, Niagara Falls Police officers executed a search at the defendant’s residence on 77th Street and recovered a loaded shotgun and ammunition. Brown was indicted on charges of being a felon in possession of a firearm and related drug offenses in August of 2010. In April 2012, with federal charges pending, Brown attempted to bribe a witness in the case and was charged additionally with witness tampering.

            The plea 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, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

            Sentencing is scheduled for August 27, 2013 at 9:00 a.m. before Judge Skretny.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Guy A. Bax, 66, of Niagara Falls, N.Y., who was convicted of corruptly accepting gratuities in connection with his role as the Building Commissioner for the City of Niagara Falls, was sentenced to two years probation by U.S. District Judge Richard J. Arcara.

            First Assistant U.S. Attorney James P. Kennedy, Jr., who handled the case, stated that between 2007 and early 2009, the defendant, in his capacity as Acting Building Commissioner for the City of Niagara Falls, routinely recommended and promoted John Gross and his company, David Gross Contracting, to individuals and entities seeking permits and approvals from the city. Bax also created a perception that it would be in the best interest of those seeking permits from the City to use Gross and his company and if they did so, they would have an easier time obtaining the approvals they sought. In exchange for, and as a reward for Bax's practice of steering business to John Gross and David Gross Contracting, the defendant received, at no cost, various items of value from John Gross and David Gross Contracting. The items included home repairs and maintenance services at Bax's personal residence, such as the remodeling of his bathroom and plowing of his driveway, an expense paid trip, free golf outings, and other benefits.

John Gross was sentenced to 33 months in prison in January 2012 for mail fraud and filing a false tax return.

            The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, Acting Special Agent-in-Charge, Buffalo Division, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni Weinrauch, Special Agent-in-Charge.

 

 

Buffalo, N.Y.-- The United States Attorney's Office for the Western District of New York announced today that Frank Garcia, 51, of Florida, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to fraud affecting a financial institution. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000, or both.

            Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant is the former owner of Federal Guaranty Mortgage Company in the State of Florida. Garcia recruited “straw buyers” to obtain mortgages from M&T Bank and other financial institutions then misrepresented their assets and liabilities, failed to record the liens on the properties in the county clerk’s office and failed to pay off pre-existing liens on the properties when they were transferred from one owner to another.

            Furthermore, the defendant directed employees of Federal Guaranty Mortgage Company to prepare loan packages for borrowers. The employees were then directed to sign the documents acting as the loan officer. The loan documents were then sent to the investor financial institutions, including M&T Bank. The loan proceeds for the fraudulent loans were subsequently wired into the account of a company associated with Federal Guaranty Mortgage Company. As a result of the defendant's actions, M&T  Bank suffered a loss of $4,407,515.48 and the total loss to all financial institutions affected by the fraudulent scheme was approximately $24,000,000.

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

            The plea is the culmination of an investigation on the part of Special Agents of the Agency Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.

            Sentencing is scheduled for August 15, 2013, at 1:00 p.m. before Judge Arcara.

 

 

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ramone Perry, 32, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 10 years in prison and eight  years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Clare Kane, who handled the case, stated that the defendant was arrested after being intercepted over New York State wiretaps arranging for the purchase of cocaine from Wallace Peace and others. Search warrants executed during the investigation resulted in the seizure of 17 firearms, more than five kilograms of cocaine powder and in excess of 200 grams of crack cocaine. Wallace Peace is currently awaiting trial on drug and gun charges.

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 Region; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Francis J. Christiano, Resident Agent in Charge; and Special Agents of the Buffalo Police Department, under the direction of Daniel Derenda, Commissioner.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Raymond Locklin, 29, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to conspiracy to commit mail fraud. The charge carries a maximum penalty of 20 years in prison, a fine of 250,000 or both.

            Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that the defendant, a former employee of Sutherland Global Services, conspired with co-defendant Christi Meehan, to obtain copies of Intuit Inc. software. The two then sold the software online. Locklin and Meehan placed false orders for free copies of replacement Intuit software, including TurboTax and Quicken, while employed by Sutherland Global Services.  After receiving the software at addresses in Rochester, the defendants sold the software online, including on eBay.com, to customers throughout the United States. The defendants then kept the proceeds for themselves which resulted in a loss to Intuit of approximately $260,000. Christi Meehan previously pleaded guilty to conspiring to commit mail fraud.            

The plea is the culmination of a joint investigation on the part of Inspectors of the United States Postal Inspection Service, under the direction of Inspector in Charge Kevin Niland, Boston Division, and Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.

            Locklin will be sentenced on scheduled for August 13, 2013 at 10 a.m. before Judge Larimer.  Co-defendant Christi Meehan will be sentenced by Judge Larimer on July 16, 2013 at 10 a.m.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Michael J. Rolfe, 48, of Gates, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, to transporting a child across state lines with the intent of engaging in illegal sexual activity. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum penalty of life, a fine of $250,000 or both.

            Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that in August 2012 the defendant, a long distance truck driver, took a child who was less than 12 years old on a trip from Rochester, N.Y. to locations in Texas. Rolfe admitted to engaging in sexual acts with the child while outside of New York State. 

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

            The plea is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, along with Investigators from the New York State Police, under the direction of Superintendent Joseph D’Amico.

            Sentencing is scheduled for August 7th, at 9:30 a.m. before Judge Geraci.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Dewayne  Vass, 30, of Buffalo, N.Y., pleaded guilty before U.S. District Judge William M. Skretny, to wire fraud affecting a financial institution. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000 or both.

            Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant was part of a scheme to defraud the government by obtaining money from the  filing of false tax returns. Vass received the proceeds from one of the fraudulent tax returns which was filed with the Internal Revenue Service and for which the refund was placed on a prepaid debit card. The defendant used that card to obtain cash from an ATM totaling $6,248. As a result of the scheme, losses to the Internal Revenue Service totaled $72,589.00.

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

            The plea is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service - Criminal Investigation Division, under the direction of  Special Agent- in-Charge Toni M. Weirauch,  and the United States Postal Inspection Service under the direction of Kevin Niland, Inspector in Charge, Boston Division.

            Sentencing is scheduled for August 26, 2013, at 9:00 a.m. before Judge Skretny.

 

 

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Michael V. Covello, 42, of Chili, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to distribution of child pornography and possession of child pornography. Because of a prior sexual abuse conviction, distribution of child pornography carries a mandatory minimum penalty of 15 years in prison and a maximum of 40 years. Possession of child pornography carries a mandatory minimum of 10 years in prison and a maximum of 20 years. The charges also include a fine of up to $250,000.

            Assistant U.S. Attorney Marisa J. Miller, who is handling the case, stated that in May and June of 2012, law enforcement officers discovered that the defendant was distributing images and videos of child pornography online. A search warrant was executed at the defendant's residence where officers recovered digital media, including a laptop, desktop computer and an iTouch, all of which contained child pornography. The images included  prepubescent minors as depictions of violence.

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

            The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Interim Special Agent in Charge Richard M. Frankel.

            Sentencing is scheduled for September 17th, at 10:30 a.m. before Judge Larimer.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Joseph Packer, Jr., 64, of Buffalo, N.Y., who was convicted of theft of public money, was sentenced by Chief U.S. District Judge William M. Skretny, to time served and two years supervised release. The defendant was ordered to wear and ankle bracelet for eight months and pay restitution in the amount of $160,101.

            Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that in 2000, Packer failed to notify the Social Security Administration of his father's death. As a result, social security checks continued to be issued for the defendant's father until 2012. The benefits were deposited into a joint savings account shared by Packer and his father. The defendant withdrew the money and spent it. Packer stole a total of  $160,101.

            The plea was the culmination of an investigation on the part of Special Agents of the Social Security Administration, under the direction of Special Agent-in-Charge Edward J. Ryan, Social Security Administration, Office of Inspector General.

 

 

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dwight Mitchell, 19, of Buffalo, N.Y., pleaded guilty before Chief U.S. District Judge William M. Skretny to aiding and abetting a violent crime committed in aid of a racketeering enterprise. The charges carries a maximum penalty of life in prison and a $250,000 fine.   

            Assistant U.S. Attorney Anthony M. Bruce and Special Assistant United States Attorney Paul Parisi, who are handling the case, stated that on November 29, 2010, the defendant, then 16 years-old and a member of the Bailey Boys street gang, participated in the murder of Charles Myles-Jones. As indicated in documents filed in federal court, the Bailey Boys were a violent street gang operating on the East side of Buffalo which was responsible for multiple acts of violence and narcotics trafficking.  

            Regarding the murder, during the evening of November 29, 2010, a group of Bailey Boys gang members and associates proceeded to the Super Stop Food Market at 970 Kensington Avenue to see if any members of the rival “Midway Crew” gang were inside.  After “scouting” the store, two members of the group reported back to the others.  After briefly departing the area, it was agreed that an individual identified as “TS,” who was at that time seeking membership into the Bailey Boys gang, would return to the market to shoot one of the individuals in the store. Defendant Mitchell was sent to accompany “TS” to ensure that he did the shooting. Once back at the Super Stop Food Market, Mitchell held the door open for “TS” who fired several shots into the store, one of which struck Charles Myles Jones in the chest, fatally wounding him.

In pleading guilty, Mitchell admitted that at the time of the murder, he was a member of the Bailey Boys and that he participated in the murder to both enhance his own standing in the gang and to help “TS,” who was not a Bailey Boys member at the time, to gain entry into the gang. The victim, Charles Myles-Jones was an employee of the Super Stop Food Market and was not affiliated with any gang.

            Mitchell, who was only 16 years old when he participated in the murder and could have asked for a hearing to determine if he should be treated as a juvenile offender or as an adult, waived his right to the hearing.

            "Experience has shown that gang members often use juveniles to commit acts of violence, with the belief that such juveniles will avoid being treated as adults in the criminal justice system,” said U.S. Attorney Hochul. “Today’s plea should send a message that such a belief is unfounded.”

            Sentencing is scheduled for August 26, 2013 at 9:00 a.m. before Judge Skretny.

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Willie G. Reid, 46, of Olean, N.Y., was arrested and charged by criminal complaint with  distribution and possession of child pornography. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a fine of $250,000.

            Assistant U.S. Attorney Edward H. White, who is handling the case, stated that the defendant is a Registered Nurse at Olean General Hospital. As a nurse, Reid’s duties  included working in the Pediatric Unit. According to the complaint, between February 9, 2012 and February 8, 2013, the defendant downloaded videos and images of child pornography using a peer-to-peer file sharing program. Some of the videos and images included pre-pubescent children and depictions of violence.

            The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Reid is being detained pending a detention hearing on May 8, 2013 at 2:00 p.m.

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

            The arrest is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Richard M. Frankel,  Special Agent in Charge and the Cattaraugus County Sheriff’s Department, under the direction of Sheriff Timothy Whitcomb.

            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 Wally Reynolds, 37, of Niagara Falls, N.Y., who was convicted of conspiring to possess and distribute more than 100 kilograms of marijuana, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.

            Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that between June 2004 and February 2010, the defendant managed and supervised other individuals in distributing marijuana that was imported from Canada into the United States.  During the execution of a search warrant at Reynolds’ residence, law enforcement officers recovered marijuana and drug paraphernalia. At that time, the defendant told officers that he was laid off from his former employment with the City of Niagara Falls and made money by selling marijuana.

            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 James C. Spero, with the assistance of other U.S. and Canadian members of the Border Enforcement Security Task Force.

BUFFALO, U.S.--Attorney William J. Hochul, Jr. announced today that Stanley R. Tarnowski, 58 of Fayetteville, GA, who was convicted of possession of child pornography,  was sentenced to 60 months in prison and five years of supervised release by U.S. District Court Judge Richard J. Arcara.
                       
            Assistant U.S. Attorney Edward H. White, who handled the case, stated that on June 14, 2011, the defendant attempted to enter the United States from Canada and was pulled over for a secondary inspection. Law enforcement officers discovered videos and images of child pornography on Tarnowski's laptop computer. Further investigation determined the videos and images were transmitted over the internet through the use of e-mail. Some of the images depicted children younger than 12 years old and contained depictions of violence.

            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 James C. Spero, Special Agent-in-Charge.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. hochul, Jr. announced today that Michael Bombard, 24, of Saranac Lake, N.Y., pleaded guilty before U.S. District Judge Charles J. Siragusa, to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years and a fine of $250,000.

            Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that between August and September 2011, Bombard engaged in sexually explicit chats with a 14 year old female he met online. The defendant requested that the girl send him sexually explicit images of herself. At the time he received the images, Bombard knew that the images constituted child pornography.

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

            The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Task Force, under the direction of  Richard M. Frankel, Acting Special Agent in Charge.

            Sentencing is scheduled for August 19, 2013 at 3:00 p.m. before Judge Siragusa.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. hochul, Jr. announced today that Michael Bombard, 24, of Saranac Lake, N.Y., pleaded guilty before U.S. District Judge Charles J. Siragusa, to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years and a fine of $250,000.

            Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that between August and September 2011, Bombard engaged in sexually explicit chats with a 14 year old female he met online. The defendant requested that the girl send him sexually explicit images of herself. At the time he received the images, Bombard knew that the images constituted child pornography.

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

            The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Task Force, under the direction of  Richard M. Frankel, Acting Special Agent in Charge.

            Sentencing is scheduled for August 19, 2013 at 3:00 p.m. before Judge Siragusa.

 

 

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that  Amelia Jackson, 43, of Rochester, N.Y., was arrested and charged by criminal complaint with knowingly making false material statements and certifications and knowingly concealing outside employment in connection with an application for and receipt of Federal Employee Compensation. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

            Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the defendant was employed at the VA Medical Center in Canandaigua, N.Y. On August 15, 2008, Jackson filed paperwork with the United States Department of Labor claiming to have suffered a back injury while working with a patient. Subsequent information provided by the defendant indicated that she was medically limited as to the number of hours she could work each day and did not work outside of her federal job due to her injury.

            In January of 2012, a VA employee went to Last Call Liquors on East Main Street in Rochester and observed the defendant working in the store which investigators later determined that Jackson owns and operates. The defendant was observed on several occasions going to Last Call Liquors following her four hour disability shift at the VA.    

            Jackson was arraigned this afternoon before U.S. Magistrate Judge Marian W. Payson. She was released and is due back in court on June 26, 2013.

            The complaint is the culmination of an investigation on the part of Special Agents of Jackthe United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Special Agent in Charge Robert L. Panella, Special Agents of the United States Department of Veterans Affairs, Office of Inspector General, under the direction of Special Agent in Charge Jeffrey Hughes, and the VA Police Department, under the direction of Chief Jon Godfrey.  

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 four-count indictment charging Paul F. Archambault, 26, of Buffalo, N.Y., with production, receipt, and possession of child pornography. Because the defendant has a prior conviction for possession of child pornography, the production of child pornography charge carries a mandatory minimum term of 25 years in prison, a maximum of 50 years, and a fine of $250,000.

            Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, on or about August 17, 2012, the defendant enticed a minor victim to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct. In addition, Archambault is accused of possessing child pornography on a 16GB SanDisk Micro SD HC card. The defendant has been in custody on a pending case from the Northern District of New York.

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

            The indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, and Deputy United States Marshals, under the direction of Charles Salina, United States Marshal.

            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 66-count indictment charging Clifton Jackson, 44, of Buffalo, N.Y., with  conspiracy to unlawfully use Social Security numbers,  conspiracy and the filing of false tax returns in 2011, and aggravated identity theft. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000 or both.

            Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that according to the indictment, the defendant devised a scheme to defraud individuals and the United States Government by obtaining and using the names and social security numbers issued to several individuals. Jackson then used that information to file fraudulent tax returns for the tax year 2011with the IRS.          

            The defendant  will be arraigned on the charges on May 1, 2013, at 11:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

            The indictment is the culmination of an investigation on the part of  Special Agents of the Internal Revenue Service - Criminal Investigation Division, under the direction of  Special Agent- in-Charge Toni M. Weirauch,  and the United States Postal Inspection Service under the direction of Kevin Niland, Inspector in Charge, Boston Division.

            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 Cyle Krepps, a/k/a Black, a/k/a Trick, a/k/a Durell, a/k/a Dred, 25, of Rochester, N.Y., pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute and to distribute 280 grams or more of cocaine base, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, a fine of $10,000,000 or both.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between 2009 and 2011, Krepps processed cocaine into cocaine base which he then sold in various quantities and at different locations in the City of Rochester, including a house at 95 Friederich Park. On September 14, 2011, law enforcement officers arrested Krepps driving a rental vehicle after surveilling him leave 95 Friederich Park. The defendant had keys to the residence and over $2,200 in U.S. currency when he was arrested.

Officers then executed a search warrant at 95 Friederich Park, which was barricaded and monitored by an alarm system. Inside, officers seized a stolen, pistol-grip AR-15 style rifle chamber-loaded with seven rounds of live ammunition, a bag containing approximately 2 grams of cocaine base, a cell phone, and drug trafficking paraphernalia, which included scales for weighing drugs, empty bags for packaging drugs for sale, and dilutant to process drugs.

The conviction is the culmination of an investigation by members of the Violent Enforcement Suppression Team (“VEST”) of the Rochester Police Department, under the direction of Chief James Sheppard, the Greater Rochester Area Narcotics Enforcement team (“GRANET”), under the direction of Lieutenant Gerald Smith, and Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives under the direction of Scott Heagney.

Sentencing is scheduled for August 8 at 2:00 p.m. before Judge Geraci.

 

 

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Nathaniel Clark, 29, Tommy Eugene Clark, a/k/a Boo, 26, Kayla Renee Combs, 23, all of Niagara Falls, and Raysean Clark, a/k/a TP, a/k/a Tadpole, 27, on charges of conspiracy to possess with intent to distribute, and to distribute cocaine base, cocaine, heroin and oxycodone. The charges carry a mandatory minimum sentence of five years in prison, a maximum penalty of 40, a fine of $5,000,000, or both.

            Assistant U.S. Attorney Mary C. Baumgarten, who is handling the case, stated that according to the indictment, the charges stem from an investigation into the trafficking of cocaine and cocaine base in the Western New York area from the Cleveland, Ohio area.  The defendants sold these controlled substances in the Cities of North Tonawanda, Niagara Falls, Lockport, and Buffalo, and other areas within Erie and Niagara Counties.

            The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Leslie G. Foschio. Defendants Nathaniel Clark, Tommy Eugene Clark and Raysean Clark are being detained pending further proceedings. Kayla Renee Combs was released on conditions. 

            The indictment 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 Niagara County Drug Task Force and the Niagara County Sheriff's Department, under the direction of Sheriff James Voutour, and the North Tonawanda Police Department, under the direction of Chief Randy Szukala.

            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 Frederick Young, 46, of Rochester, N.Y., who was convicted of failing to register as a sex offender, was sentenced to 24 months in prison and five years supervised release by U.S. District Judge Charles J. Siragusa.

            Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Young  left the Rochester area sometime after August 2010 to live in the State of Florida. Between November 2010 and November 2011, the defendant knowingly failed to register as a sex offender in Florida. Young also failed to update his registration status in the State of New York.

            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 sentence was the culmination of an investigation on the part of the United States Marshals Service  under the direction of  United States Marshal Charles Salina.

 

 

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has charged Tariq Brown, 20, with the May 12, 2012 shooting at Martin Luther King Park that left Marquay Lee dead and four other individuals wounded. Two of the injured persons suffered permanent injuries, one victim is now a paraplegic and another was blinded in one eye.   

            According to Assistant U.S. Attorney Anthony M. Bruce, who is handling the prosecution of this case, the charges are contained in a fourth superseding indictment in the ongoing investigation into the Bailey Boys, a violent criminal gang operating on Buffalo's East Side. Brown is alleged to be a member of the Bailey Boys Gang which operates in an area of the City bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. Defendant Brown already stands accused of three other attempted murders which injured two people.

            Today's charges carry a mandatory sentence of life in prison with the possibility of the death penalty.

            Based on this latest superseding indictment, Bailey Boys members now stand accused  four murders, 14 attempted murders, including four drive-by shootings. The attempted murders include a shooting that occurred during a neighborhood party with numerous children present and a shooting that occurred during a robbery. To date, two defendants have been convicted.             

            U.S. Attorney William J. Hochul, Jr., stated that “The fact that these violent events  occurred in a park named after one of our most prominent advocates of peace and non violence should certainly not be lost on the public. Keeping in mind Dr. King's belief once warned that 'Our lives begin to end the day we become silent about things that matter', this office will continue to prosecute those who commit violence upon the streets of our community."

            "Since the night of this incident, the Buffalo Division Safe Streets Task Force (SSTF) has worked tirelessly with our law enforcement partners to identify and bring to justice the person responsible for this extremely violent act," said FBI Acting Special Agent in Charge Richard M. Frankel. "Through the collaborative efforts of our law enforcement partners the Buffalo Division/SSTF remains committed to dismantling the most violent street gangs operating in Western New York."

"This has been an intense investigation from day one that has culminated with a dangerous person now off our streets," said Buffalo Police Commissioner Daniel Derenda. "For nearly a year, Buffalo Police have worked hand in hand with the U.S. Attorney's Office and the FBI to bring this individual to justice. I want to thank the public for all of the help they provided in solving this case."

            The superseding indictment is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney Frank A. Sedita, III, the Buffalo Police Department, under direction of Police Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Acting Special Agent in Charge Richard M. Frankel, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano. The Safe Streets Task Force includes members of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Buffalo Police Department, the Amherst Police Department, under the direction of Chief John Askey, the Cheektowaga Police Department, under the direction of Chief David Zack, the Hamburg Police Department, under the direction of Chief Michael Williams, the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, the Erie County Sheriff’s Department, the New York State Police, under the direction of Major Matthew Renneman, the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Brian Fischer.                     

            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 Geoffrey Purdie, 41, of Niagara, Ontario, Canada, who was convicted of exporting anabolic steroids from the United States into Canada, was sentenced to one year in prison by U.S. District Judge Richard J. Arcara.

            Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Purdie was employed as a constable with the Niagara Regional Police. On several occasions in November and December 2011, the defendant entered the United States and retrieved packages containing steroids that had been shipped to a business in the U.S. Purdie then smuggled the steroids from the United States into Canada. The defendant presented his official identification as a law enforcement officer to Immigration personnel at the border in order to return to Canada.

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 James C. Spero and the Niagara Regional Police, under the direction of Chief Jeffrey McGuire.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jermaine Howard, 38, of Buffalo, N.Y., who was convicted of using a communication facility (telephone) to facilitate a federal narcotics felony, was sentenced to 77 months in prison by U.S. District Judge Richard J. Arcara.

            Assistant U.S. Attorney Robert C. Moscati, who handled the case, stated that Howard was intercepted during the execution of court-authorized wiretaps discussing and arranging illegal narcotics transactions with co-defendant David Manuel. Howard was arrested along with 19 others and charged with being involved in a multi-kilogram cocaine distribution network between Buffalo, New York and Houston, Texas.  To date, 18 of the 20  defendants have been convicted.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force under the direction of Acting Special Agent in Charge Richard M. Frankel, the Drug Enforcement Agency under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Bureau of Alcohol, Tobacco under the direction of Resident Agent in Charge Frank Christiano.

 

 

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Jesse Adams, 26, of Rapid City, South Dakota, was arrested and charged by Criminal Complaint with distribution of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years and a fine of $250,000.

            Assistant U.S. Attorney Fauzia K. Mattingly, who is handling the case, stated that the investigation began when an undercover agent in Utah received emails and images depicting child pornography from Adams who is a student attending a local college.  According to the complaint, in his chats, Adams described his communications with a nine year old girl, as well as his contact with another fifth grader on the playground.  

            A detention hearing has been scheduled for April 25 at 10:30 a.m., before Magistrate Judge Leslie G. Foschio.

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

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

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that brothers Kenneth Thompson and Lee Thompson, both of Rochester, N.Y., were sentenced by U.S. District Judge Charles J. Siragusa on drug charges.  Kenneth Thompson, 24, who was convicted of possession with intent to distribute cocaine base, was sentenced to five years in prison. Lee Thompson, 21, who was convicted of maintaining the N. Clinton Avenue premises for the purpose of distributing cocaine base, was sentenced to 46 months in prison.

            Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Kenneth Thompson knowingly permitted his brother Lee Thompson to use his apartment  on  N. Clinton Avenue to store crack cocaine that Lee Thompson was selling. Both brothers were arrested on November 16, 2012 after Rochester police officers and the Monroe County Probation Department recovered 150 bags of crack cocaine packaged for street sale, paraphernalia for the weighing and packaging of street level quantities of crack cocaine, a .32 caliber pistol, and ammunition during a search of the apartment.

            The sentencings are the result of a Project Exile investigation on the part of the Rochester Violent Crimes Task Force, composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, the Rochester Police Department, under the direction of Chief James Sheppard, the United States Marshal’s Service under the direction of U.S. Marshal Charles A. Salina, the Monroe County Sheriff’s Office under the direction of Sheriff Patrick O’Flynn, and the Monroe County Probation Department.

 

 

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr.  announced today that Michael Kardonick, 58, of Brooklyn, N.Y., who was convicted of conspiracy to commit money laundering, was sentenced to 120 months in prison and ordered to pay restitution in the amount of $2,164,059 by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that between January 2004 and  July  2008, the defendant participated in a scheme to defraud investors who had invested approximately $2.5 million in international currency trading investments through the company Atwood & James S.A. During the course of the scheme, the defendant used the mail and wire communications to facilitate the execution of the fraud, using the illegally obtained investor proceeds to promote the scheme, in violation of the federal money laundering provisions.

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

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, the United States Postal Inspection Service, under the direction of Inspector in Charge Kevin M. Niland, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni Weirauch.

 

 

          BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Timothy Logsdon, 29, of  Batavia, N.Y., pleaded guilty before U.S. District Judge Richard H. Arcara, to transporting an individual in interstate commerce for the purpose of engaging in illegal sexual activity. The charge carries a maximum penalty of 10 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 an investigation began in September 2012 when the parents of a 16 year old female reported her missing to the Genesee County Sheriff’s Department. During an interview with Special Agents from the FBI, the victim’s parents indicated that she might be with the defendant.

Pursuant to a court order, law enforcement officers traced Logsdon's cellular telephone to a specific vicinity. Later that same day, the defendant was discovered by the Kentucky State Police in Bowling Green, Kentucky, along with the victim. Logsdon admitted to officers that he was in the process of transporting the victim to the state of Tennessee where the two planned to live together and carry on a relationship. The defendant was placed under arrest and remains in custody.    

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 arrest is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel and the Genese County Sheriff's Department, under the direction of Sheriff Gary Maha

Sentencing is scheduled for Aug. 5, 2013 at 1:00 p.m. before Judge Arcara.

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Paul Davis, 48, of Rochester pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to unlawfully engage in the business of firearms dealing without a license, including interstate transportation of firearms, sale of firearm to a convicted felon, and possession of a firearm by a convicted felon. The charges carries a maximum penalty of 25 years in prison, a fine of $750,000 or both. As part of the plea agreement, the defendant agreed to forfeit 10 firearms along with various rounds of ammunition seized at his business and residence in Rochester, N.Y.

            Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between August 2012 and February 6, 2013, Davis traveled to the Atlanta, Georgia area for the purpose of acquiring firearms for illegal re-sale on the black market in Rochester. In Georgia, Davis obtained multiple firearms and rounds of ammunition from Liddon Young.  Davis then transported the firearms and ammunition by vehicle himself, or arranged their vehicular transportation by others, to Rochester. Once in Rochester, Davis re-sold the firearms and rounds of ammunition to individuals that the defendant knew or had reasonable cause to know, were felons and/or involved in drug trafficking. Davis was arrested February 6, 2013 after selling a Georgia pistol to a confidential informant. Multiple federal search warrants executed that night resulted in the seizure of 10 firearms and hundreds of rounds of ammunition at locations controlled by Davis.

            Liddon Young was arrested and charged by criminal complaint with multiple gun charges in February 2013.

            “Our office is committed to closing the pipeline that allows criminals to fill the streets of our community with illegal firearms,” said U.S. Attorney Hochul. “As in this case, we will continue to work closely with our partners at all levels of government to stem the flow of these guns which often times are used to inflict violence in our neighborhoods.”           

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

            Sentencing is scheduled for September 4, 2013 at 9:30 pm before Judge Geraci.

 

 

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Josephine Cutolo, 54, of Buffalo, N.Y. pleaded guilty before Magistrate Judge Hugh B. Scott to deprivation of rights under color of law. The charge carries a maximum sentence of one year in prison, a $100,000 fine or both.

            Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that on August 18, 2012, the defendant, a deputy with the Erie County Sheriff’s Department, used chemical spray on an inmate. At the time the incident occurred, the inmate was in handcuffs, subdued and being escorted by two other deputies. Cutolo aimed the chemical spray a few inches from the victim’s face which resulted in the spray affecting the victim’s face, chin and shoulder area. After spraying the victim, the defendant yelled a vulgar obscenity at the inmate.

            “Those who serve in law enforcement- including corrections staff - are entrusted with substantial power and authority in order to protect the public or those in their care,” said U.S. Attorney Hochul. “Certainly the vast majority of officers live up to the highest ideals and demands of their chosen vocation.  But when an officer abuses his position and hurts one she is sworn to protect, our Office will not hesitate to bring the perpetrator to justice, regardless of their title or position.”  

The plea is the culmination of an investigation by Special Agents of the Federal bureau of Investigation, under the direction of Acting Special Agent in Charge Richard Frankel.

            Sentencing is scheduled for July 16, 2013 at 10:00 a.m. before Magistrate Judge Scott.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jose Nunez-Donastor, a/k/a Jesus Perez, a/k/a Rafael Torres Rivera, a/k/a Guineo, a/k/a Gineo, 33, of New York City, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to possess with intent to distribute and distribution of 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $5,000,000 or both.

            Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Nunez-Donastor and other members of the conspiracy were responsible for the distribution of significant quantities of cocaine and crack cocaine throughout the Rochester area that were transported by vehicle from Pennsylvania. The investigation involved court-authorized wire taps and resulted in the federal arrest of 10 defendants between May and October 2012. To date, all defendants have been convicted. Nunez-Donastor is an illegal alien who will be deported to the Dominican Republic following the completion of his prison sentence.                                    

            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 Scott Heagney and Investigators of the Rochester Police Department, under the direction of Chief James Sheppard, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.

            Sentencing is scheduled for July 15 at 2:15 p.m. before Judge Siragusa.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Antonio Briggs, 40, of Buffalo, N.Y., who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine, was sentenced to 10 years in prison by U.S. District Chief Judge William M. Skretny.

            Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that Briggs was arrested along with 22 others in August of 2010 for narcotics trafficking. The defendant sold quantities of cocaine from KJ Fashions, his clothing store, at 439 East Amherst St. in Buffalo. To date, 15 of the 23 defendants have been convicted.

            The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Niagara County Drug Task Force, under the direction of Sheriff James Votour, and the Niagara Frontier Transportation Authority Transit Police, under the direction of Chief George Gast.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that James Nicholson, 34, who was convicted of bank robbery, was sentenced to 57 months in prison by U.S. District Judge Frank P. Geraci. Judge Geraci also ordered Nicholson to pay restitution in the amount of $94,393, representing the total amount of cash taken during the five robberies.

            Nicholson and  co-defendant Brandon Rothenburgh robbed the following banks between June 18, 2012 and August 30, 2012:

                        First Niagara Bank in Gates, New York on June 18, 2012;

                        Citizens Bank in Gates, New York on July 12, 2012;

                        First Niagara Bank in Gates, New York (again) on August 7, 2012;

                        M&T Bank in Rome, New York on July 24, 2012 and

                        Bank of America in Auburn, New York on August 30, 2012.

            Rothenburgh was also convicted of bank robbery and sentenced to 165 months in prison in February 2013. 

            According to Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, Nicholson and Rothenburgh wore masks when they entered the banks. One or the other would then vault over the teller counter and demand cash from the tellers before jumping back over the counter and exiting the bank.

            "This case involved one of the finest examples of teamwork," said U.S. Attorney Hochul. "In addition to the fine work of multiple federal, state and local agencies, I commend the hard work of the Gates Police Department, under the direction of Chief David DiCaro,  for its efforts in bringing this prosecution to a successful conclusion."     

            The sentencing is the result of a joint investigation by the Gates Police Department, under the direction of Chief David DiCaro, the Federal Bureau of Investigation Rochester Office, under the direction of Acting Special Agent in Charge Richard Frankel, the FBI Syracuse Office, under the direction of Special Agent in Charge Clifford Holly, the New York State Police, under the direction of Major Mark Koss, the Geddes Police Department, under the direction of Victor Gillette, the Auburn Police Department, under the direction of Chief Brian Neagle, the Syracuse Police Department, under the direction of Chief Frank Fowler, the New York State Department of Corrections and Community Supervision, and the Onondaga County Sheriff’s Department, under the direction of Sheriff Kevin Walsh. Also assisting in the investigation was the United States Attorney’s Office for the Northern District of New York, under the direction of U.S. Attorney Richard Hartunian.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr., announced today that Quality Roofing, Inc., a Michigan-based corporation convicted of submitting false forms to the government, was sentenced to pay of fine of $75,000, plus restitution of $19,197.50 by U.S. District Judge Charles J. Siragusa.

            Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant was a subcontractor on a government roofing project at the Kenneth B. Keating Federal Building in 2007-2008. The corporation was required to pay its employees the prevailing wage, as established by the Secretary of Labor, and to submit weekly certified payrolls confirming this fact. The defendant did not pay its employees the prevailing wage, but falsely claimed in its certified payrolls that it had done so.

The sentencing is the culmination of an investigation on the part of Special Agents of the General Services Administration, under the direction of James E. Adams, and the Department of Labor, under the direction of Special Agent in Charge Robert L. Panella.

 

 

BUFFALO. N.Y. – In the wake of the shooting tragedies in Webster, New York and Newtown, Connecticut, U.S. Attorney William J. Hochul, Jr. announced today that the United States Attorney’s Office is sponsoring the third training session dedicated to preventing mass shootings and violence. The focus of the training is protecting and preventing mass shooting episodes in businesses and similar commercial settings, and will be valuable for employers, employees, and members of law enforcement.

            "Active Shooter: Educate Yourself to Protect Yourself" will be held this Friday, April 19, 2013 from 8:00 a.m. to 1:00 p.m. at Hilbert College.  Participants will learn how to spot aggression in the workplace, appropriate response techniques to shooting episodes, what to do before police arrive, and tips on creating an emergency plan for business.

            The training is free and open to all businesses, large and small, in the 17 counties of the Western District of New York.  

"Our Office is committed to prosecuting those who commit violence in our community, but this response is after-the-fact," said U.S. Attorney Hochul.  “It is even more important that the public learn from experts in the field exactly how to protect staff and facilities in the first place.  Our first two trainings focused on officer response and safety in the school systems. This third training – focusing on the work place- is an important piece in our overall strategy of making Western New York one of the safest communities in the country."

            U.S. Attorney Hochul noted that more than 1,600 people attended the first two training sessions, "Street Survival and Officer Safety" and "Understanding Human Aggression and Violence, and Making Our Schools Safe," held in February and March, respectively. Hochul predicted that the third training will also be well attended, given that it will be conducted by professionals with a long history of work in the field. Speakers include James H. Robertson, Delaware North Companies Director of Corporate Securities and former Special Agent in Charge of the Buffalo FBI Office, George W. Gast, Niagara Frontier Transit Authority Chief of Police and also a former member of the FBI, including the FBI’s Hostage Rescue Team, and Gary M. Everett, Canisius College Director of Public Safety. 

            U.S. Attorney Hochul said that "There is no single solution to preventing all violent crime. Certainty denial - or mere hope - is not a strategy for preventing violence. By working collaboratively, we all can be prepared to prevent and respond to the next episode should it ever occur."     

            Friday's event is sponsored by the U.S. Attorney's Office, Western District of New York; the Better Business Bureau of Upstate New York; the Niagara Frontier Transit Authority Police; Delaware North Companies; Medaille College; Hilbert College; Canisius College Public Safety; Erie County Law Enforcement Foundation; ASIS International; and Greater Buffalo Metropolitan Crime Stoppers.

 

 

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that  Preston Clements, 22, of Rochester, N.Y., was convicted of possession of marijuana with intent to distribute, maintaining a drug related premises, and possession of a firearm in the furtherance of the drug distribution activity following a jury trial before U.S. District Judge Frank Geraci, Jr. The charges carry a minimum sentence of five years in prison, a maximum of life, and a $250,000.

            Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on February 23, 2011, the Rochester Police Department responded to 166 Atkinson Street after receiving a call for suspicious activity at that location. Upon arrival, officers became concerned that the house was being burglarized and, through a window to Apartment #1, observed a firearm laying on a bed. Officers entered the residence and discovered marijuana which turned out to be 41 bags packaged  for sale. Officers also located a digital scale common to drug trafficking as well as cash.

            Further, officers found the defendant hiding in an attic apartment on the third floor of the building along with a woman identified as his girlfriend. Clements was arrested and questioned regarding the firearm and drugs located in Apartment #1. During the interview, the defendant admitted to selling the marijuana out of Apartment #1 and admitted to possessing the firearm for protection.

            During the trial, the defendant testified that he in fact sold marijuana as he had previously stated, but denied possessing the firearm recovered by officers. The defendant added that he does not like firearms and that while he was aware that the firearm was present that night, it was not his and he had no intention of possessing or using it.

            Following his conviction, the defendant was taken into custody by the U.S. Marshals Service at which time a bag of suspected marijuana was found in Clements' pocket.

            The conviction is the result of an investigation by the Firearms Suppression Unit, composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney and the Rochester Police Department, under the direction of Chief James M. Sheppard.

            Sentencing is scheduled for July 11, 2013 at 9:00 a.m. before Judge Geraci.

 

 

 

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Eric Contreras, a/k/a Poppy, 29, of Los Angeles, California, who was convicted of conspiracy to possess with intent to distribute and distribution of 500 grams or more of cocaine, was sentenced to 188 months in prison by U.S. District Judge Charles J. Siragusa.

            Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Contreras supplied cocaine from California to armed cocaine and crack cocaine distributors in Rochester. These distributors then processed and distributed the cocaine in powder and crack form. On May 15, 2012, after arranging a multi-kilo transaction, Contreras was arrested by Special Agents with the Drug Enforcement Administration at his home in Whittier, California.  

“This case is a good example of the persistence of our Office, working collaboratively with our law enforcement partners, to track down and bring defendants to justice wherever they are,” said U.S. Attorney Hochul. “We will not tolerate defendants who bring illegal narcotics into our community. As this case demonstrates, you will be found, prosecuted and could spend many years behind bars.”

            The sentencing is the culmination of an investigation on conducted by the Rochester Police Department, under the direction of Chief James Sheppard, the Rochester Office of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.

 

 

 

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Joseph R. Grygorcewicz , 63, of Amherst, N.Y., who was convicted of embezzlement and theft of labor union assets, was sentenced to three years probation by Chief U.S. District Court Judge William M. Skretny.

            Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that while working as the elected Secretary-Treasurer of Local 1566, a union which represents railroad workers in the transportation industry, Grygorcewicz embezzled $39,989.72 in union funds. As Secretary-Treasurer, Grygorcewicz had check writing authority and access to the checking account of Local 1566. The defendant wrote checks to himself and forged the signature of the president of the union to illegally obtain the money. Of the amount that Grygorcewicz embezzled, $14,020.94 was paid back to the union before the crime was discovered.

            The sentencing is the culmination of an investigation on the part of investigators from the United States Department of Labor, Office of Labor-Management Standards, under the direction of Joseph Wasik, District Director of the Buffalo District Office.

 

 

 

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a 12 count indictment charging Oneil Quinones, 33, Jorge Quinones, 35, Oscar Romero, 32, Ellis Colon, 29, Edwin Sanchez, 27, Angel Sanchez, 45, Raul Ramirez-Vargas, 39, Josbel Garcia, 22, Miguel Manso, 42, all of Buffalo, and Jose Rivera, 32, of Niagara Falls with conspiracy to distribute one kilogram or more of heroin and cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a $5,000,000 or both.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to previously filed complaints, the defendants are members of a gang known as the Loiza Boys which has been distributing cocaine and heroin on Buffalo’s West Side since at least 2009. According to the indictment, the charges are the result of a long term investigation that involved the interception of telephone calls of the defendants and the use of undercover drug purchases from some of those arrested.

Defendants Oneil Quinones, Jorge Quiones, Edwin Sanchez and Ellis Colon were previously arrested and charged by complaint on February 27, 2013 for their involvement in this drug conspiracy. Authorities at that time announced the seizure of over 450 grams of heroin, three firearms, and over $70,000 in U.S. currency.

“This case is yet another example of our continuing efforts to eradicate gang and organized narcotics trafficking in the area, as well as the violence often associated with it,” said U.S. Attorney Hochul. “Working side by side with our law enforcement partners, last month, we charged 16 defendants who were allegedly members of two violent street gangs operating on the East Side of Buffalo. Last week, we charged 15 narcotics traffickers allegedly operating out of the City’s Perry public housing project, as well as the Fruit Belt area. With today’s arrests, we have now charged alleged gang members who operated on Buffalo’s West Side, the same location where the 7th and 10th Street gangs operated before their arrests and dismantlement by this Office. Today’s operation sends a clear message we will continue our anti-gang, zero tolerance policy across all portions of this City and Western New York. The public can expect to see us at other locations in the near future.”

“In late February 2013, during the course of the FBI Safe Streets Task Force’s investigation into the Loiza Boys Gang, investigators intercepted conversations that revealed that members of the Loiza Boys Gang were determined to avenge a stabbing that had just occurred at the Alden State Correctional Facility," said FBI Special Agent in Charge Richard M. Frankel. "To prevent further acts of violence from occurring in the Western New York community, the New York State Department of Corrections and Community Supervision assisted the SSTF, Buffalo Police Department, and New York State Police in locating and arresting four Loiza Boys gang members on federal narcotics charges.”

New York State Department of Corrections and Community Supervision Commissioner Brian Fischer said “DOCCS cooperation, including members of the DOCCS Inspector General’s Office and other key department staff, with various law enforcement agencies, once again highlights the effectiveness of these joint efforts. The safety and security of our communities is our highest priority and we will continue to use the resources we have available to contribute to that outcome, both inside and outside our correctional facilities.”

The indictment is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Richard M. Frankel. The Safe Streets Task Force includes members of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Resident Agent in Charge Frank Christiano, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction of Chief John Askey, the Cheektowaga Police Department, under the direction of Chief David Zack, the Hamburg Police Department, under the direction of Chief Michael Williams, the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the New York State Police, under the direction of Major Matthew Renneman, the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Brian Fischer. Additional assistance was provided by the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the United States Marshals Service, under the direction of Marshal Charles Salina, the Tonawanda Police Department, under the direction of Chief Anthony Palombo, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, the Lackawanna Police Department, under the direction of Chief James Michel, and the Erie County Probation Department, under the direction of Director Brian McLaughlin.

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 ZAKARY LANE SIDERS, 25, of Niagara Falls, New York, who was convicted of Transportation of Child Pornography on January 2, 2013, was sentenced to five years’ incarceration by U.S. District Judge William M. Skretny.

            Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant had been convicted of Transportation of Child Pornography when he sought out and received over 60 pornographic images of a minor via the Internet and transported a hard-drive containing the  images to Western New York.

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 conviction was the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Richard M. Frankel.

 

 

 

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Daniel Tanck, 31, and Robert Palermo, 29, of Rochester, New York, were each charged with the felony of sex trafficking of a minor.  Sex trafficking of a minor carries a mandatory minimum penalty of 10 years imprisonment and a maximum penalty of life imprisonment and a fine of $250,000.

          Assistant U.S. Attorney Tiffany H. Lee stated that according to the complaint, a fourteen year old victim reported that Tanck and Palermo had placed an ad on Backpage.com for her to engage in prostitution activities.  According to the fourteen year old victim, Tanck and Palermo had taken the pictures of her for the Backpage.com ad at their residence on Emerson Street in the City of Rochester and that the two of them posted the advertisement using Tanck’s computer.  The victim alleged that both Tanck and Palermo knew that she was fourteen years of age.

          The criminal complaint was the culmination of an investigation on the part of the FBI's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief James Sheppard, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota, 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.

 

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Paul Hearty, 37, of Rochester, New York,  pled guilty to a one count felony information charging him with knowing possession of child pornography before United States District Judge Frank P. Geraci, Jr.  Due to Hearty's prior State conviction for possession of child pornography, the offense carries a mandatory minimum penalty of 10 years imprisonment and a maximum penalty of 20 years and a fine of $250,000.

            Assistant U.S. Attorney Tiffany H. Lee stated that Hearty admitted to possessing images of child pornography, to include prepubescent children, on a Samsung smart phone in his possession.  According to the criminal complaint, in December 2010, New York State Police's Internet Crimes Against Children Task Force had received information that an AOL user was sending child pornography to an account used by a particular Internet Protocol address.   The subscriber of the Internet Protocol address was identified as Hearty, residing at Alexander Street, in the City of Rochester.  New York State Police executed a search warrant in April 2011 and images of child pornography were found on Hearty's Samsung smart phone.

            In 2005, Hearty was convicted in Monroe County of the Possession of an Obscene Sexual Performance By A Child Less Than 16 Years Old and following his conviction, he was required to register as a sex offender.

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 was the culmination of an investigation on the part of the United States Homeland Security Investigations under the direction of Special Agent in Charge James C. Spero, the New York State Police Computer Crimes Unit under the direction of Captain Frank Pace, and the Monroe County District Attorney's Office under the direction of Sandra Doorley.

            Sentencing has been scheduled for July 8, 2013 at 3:00 p.m. before Judge Geraci.

 

 

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned an indictment charging 12 defendants with conspiracy to traffic 280 grams or more of cocaine base and 500 grams or more of cocaine within the Perry Housing Projects. The defendants are also accused of utilizing three apartments within the Perry Housing Projects and a juvenile to further their drug trafficking activities.

            This morning, law enforcement officers also executed 11 search warrants and arrested Tyshawn Bradley, 27, and Nannette Brown, 44, both of Cheektowaga, N.Y., Darnell Brown, a/k/a D, 28, Dallas McLamore, a/k/a Ice, a/k/a Dal, 28, Eric Ross, 23, Brandon Atkins, a/k/a YB, 26, Tashawn Gay, 22, Melvin Tucker, a/k/a Hoff, 23, David Varner, 54, Latifah Donaldson, a/k/a LaLa, 21, Tara Robinson, a/k/a Coek, 23 and Phayon Redmond, a/k/a Booper, 27, all of Buffalo. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, a fine of $10,000,000, or both.

            In addition, the grand jury has returned three indictments charging Dimone Thomas, a/k/a Pony, 26, Shariff Johnson, a/k/a Ahmad Johnson, 33 and Rudell Jackson, a/k/a Rudy, 24 with distributing cocaine base in the Fruit Belt area of Buffalo. The Jackson charges carry a mandatory minimum five years to forty years imprisonment, a fine of $5,000,000, or both, while the Thomas and Johnson charges carry up to 20 years imprisonment, a $1,000,000 fine, or both.

United States Attorney Hochul stated, “Children and grandmothers living in the Perry apartments - or any public housing project - are entitled to live as safe and secure as every other American.”  Hochul continued, “For too long, those who call this area home were subjected to the danger and destruction of drug traffickers.  Criminals should know we mean business, while residents and companies alike should know the area is now safe for business, school and play.”

            Assistant U.S. Attorney Timothy C. Lynch, who is handling the Perry Projects case, stated that the investigation focused on the drug trafficking activities of Tyshawn Bradley, Darnell Brown, Dallas McLamore and their associates. According to the indictment, Bradley, Brown, McLamore and Eric Ross operated a cocaine base and cocaine distribution organization on a daily basis out of several apartments within the Perry Housing Projects, including apartments within the high-rise towers located at 124 Fulton Street and 305 Perry Street. The organization also utilized a person under the age of 18 to distribute cocaine base to customers on the grounds of the public housing facility. Law enforcement utilized court-ordered wire interceptions, undercover drug purchases, covert cameras and traditional police investigative techniques to infiltrate and dismantle this organization.

            The Fruit Belt area indictments charge narcotics trafficking in the area of the new Medical Campus.

The indictments are the culmination of an investigation on the part of the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Christopher M. Piehota, the New York State Police, under the direction of Major Matthew Renneman, 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 the United States Court of Appeals for the Second Circuit has rejected a Second Amendment challenge to a federal statute which imposes stiff punishment on drug traffickers who possess firearms to further their drug-trafficking activities. Ron Bryant was convicted in 2008, following a jury trial in federal court in Rochester, New York, of trafficking in crack cocaine and possessing a shotgun in furtherance of his drug activity. Bryant appealed his conviction, claiming that because he possessed the shotgun to protect his home, the federal statute violated his Second Amendment right to bear arms.

            Bryant based his claim on the United States Supreme Court’s decision in District of Columbia v. Heller, which was decided shortly after his conviction. In Heller, the Supreme Court said that law-abiding responsible citizens have a constitutional right under the Second Amendment to bear arms for lawful purposes. In a case decided shortly after Heller, the Supreme Court emphasized that this right was most notably “for self-defense within the home.”

            In Bryant’s case, the Court of Appeals rejected Bryant’s claim that the Second Amendment protected his right to possess the shotgun to protect himself while he was selling crack cocaine from his home. The Court said that even if Bryant had originally obtained the shotgun for the legitimate reason of protecting himself after he was robbed, “once Bryant engaged in an illegal home business, . . . he was no longer a law-abiding citizen using the firearm for a lawful purpose, and his conviction for possession of a firearm under these circumstances does not burden his Second Amendment right to bear arms.”

            Bryant remains in federal prison serving a sentence of 81 months imposed by United States District Judge Charles J. Siragusa following his conviction.

            On appeal the government was represented by Assistant United States Attorney Monica J. Richards and the trial was handled by Assistant United States Attorneys Aaron J. Mango and Michael DiGiacomo.