Western District of New York

BUFFALO, N.Y.- U.S. Attorney William J. Hochul, Jr. announced today that Santos Hernandez-Perez, 36, of Mexico, who was convicted of unlawfully transporting undocumented workers within the United States, was sentenced to 36 months in prison. The sentence, which was above the recommended federal guidelines, was handed down by U.S. District Court Judge Richard J. Arcara.

According to Special Assistant U.S. Attorney Fauzia K. Mattingly, on February 10, 2012, Hernandez-Perez was in a vehicle with five undocumented workers from Mexico when they were stopped by the Niagara Country Sheriff's Department for traffic violations. The defendant was driving the men from Tucson, Arizona, to Barker, New York, where two of the workers were going to work on a farm. The other men were destined for North Carolina.  None of the individuals, including Hernandez-Perez, had permission to be in the United States.

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

BUFFALO, N.Y.– U.S. Attorney William J. Hochul Jr. announced today that Kevin Baron, 42, of Buffalo, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on  March 9, 2012, a search warrant was executed at the defendant’s residence. A forensic analysis of Baron’s computer and DVD disks revealed in excess of 600 images of child pornography. The analysis also revealed that a privacy and cleaning software had been installed and was run on February 18, 2012 and  February 28, 2012. Some of the images 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 plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge, Christopher M. Piehota, along with Officers of the Cheektowaga Police Department, under the direction of Police Chief David Zack. Additional assistance was provided by the Western New York Regional Computer Forensics Laboratory, which conducted the forensic analysis of the computer.  

Sentencing is scheduled for May 24, 2013 at 12:30 p.m. before Judge Arcara.

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Keith Middaugh, 38, of Scio, N.Y., pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., to a misdemeanor charge of violating the Federal Meat Inspection Act. The charge carries a maximum sentence of one year in prison, a fine of $100,000, or both.  

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between April 2010 and April 2011, the defendant bought  dead, dying, diseased or disabled animals without being registered with the U.S. Department of Agriculture to buy such animals, and without maintaining detailed transaction records. Under the Federal Meat Inspection Act, any person involved in the business of handling such animals, must register with the USDA and keep detailed records, failure to do so is a criminal offense.

The plea is the culmination of an investigation on the part of Special Agents of the U.S. Department of Agriculture, Office of Inspector General, and the New York State Police - Amity, under the direction of Captain Eugene Staniszewski.

Sentencing is scheduled for May 9, 2013 at 10:30 a.m. before Magistrate Judge  Schroeder.

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that nine defendants were arrested and charged by criminal complaint with narcotics and firearms offenses.

The following individuals are charged with conspiracy to possess with intent to distribute and to distribute 280 or more grams of cocaine base, a quantity of cocaine and a quantity of marijuana:, along with drug related charges: Tyshawn Simmons aka “Ty,” 30;  Tashaka Mitchum aka “Sharky”, 22; Marquis McMillian aka “Dap,” 21; Franklin Brock Jr. aka “Little Frank”, 19; Franklin Brock Sr., 39; Patrick Christner, 28; Tina McDonald, 40; Schmillion Weaver, 29; and Ciarra Crane, 23. 

Tyshawn Simmons, aka “Ty”, Tashaka Mitchum, aka “Sharky”, and Marquis McMillian, aka “Dap,” are also charged with unlawfully possessing firearms in furtherance of the drug trafficking conspiracy.    

The narcotics charge carries a mandatory minimum term of 10 years in prison, a maximum of life, a fine of $10,000,000, or both. The gun charge carries a mandatory minimum of five years in prison, a maximum of life, a fine of $250,000, or both. 

In conjunction with the arrests, agents and officers executed six search warrants at four Rochester residences and two vehicles. During these searches, officers seized four firearms, and approximately $2,500 in cash.

Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that the charges stem from a long-term investigation into the drug trafficking activities in the Rochester area of Simmons and the other charged defendants. The investigation remains ongoing with respect to potential additional charges and additional defendants. 

The criminal complaint is the result of an investigation headed by the Rochester Police Department, under the direction of Chief James Shepard, with assistance from the United States Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division. Other law enforcement agencies assisted in the arrests including the United States Marshal’s Service, under the direction of Marshal Charles Salina and the New York State Division of Parole, under the direction of Charles Bour.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that James “Willie” Kimble, 80, of Rochester, N.Y., who was convicted of failing to register as a sex offender, was sentenced to 33 months in prison and five years of supervised release by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was a Level III sex offender as a result of a conviction for a rape involving a 17 year old Rochester girl in 1981. Kimble was also previously convicted of attempted rape for a case involving a six year old Rochester girl.

In 2009, Kimble became the primary suspect in an unsolved, 1972 rape and murder case involving a blind Rochester woman. Shortly after being contacted by Rochester homicide detectives, the defendant disappeared. He was eventually located by the United States Marshal Service almost a year later living in Sarasota, Florida where he had failed to register as a sex offender. Kimble was returned to New York to stand trial for the murder and was acquitted by a Monroe County jury in March of 2011. He was taken into Federal custody thereafter and has remained in prison. 

The sentencing was the culmination of an investigation on the part of the United States Marshals Service under the direction of Marshal Charles Salina and the Rochester Police Department under the direction of Chief James Sheppard.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Genaro Torres, 58, formerly of Laredo, Texas, and Maria E. Garcia, 64, formerly of Houston, Texas, were sentenced for their roles in a cocaine conspiracy. 

Torres, who was convicted of conspiracy to distribute, and possess with intent to distribute, five kilograms or more of cocaine, was sentenced to 10 years in prison by U.S. District Judge David G. Larimer. In addition, Torres forfeited $750,000 in United States currency, which he admitted constituted, or derived from, proceeds he obtained as a result of his illegal drug activity. Garcia, who was convicted of conspiracy to distribute, and possess with intent to distribute cocaine, was sentenced to four years in prison by Judge Larimer.

Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that the defendants were involved with a group of individuals that distributed over 150 kilograms of cocaine from Mexico in the United States between 1991 to 2008. During the course of the conspiracy, cocaine was transported to, and distributed in, Rochester by members of the conspiracy.  Cocaine was also provided to Houston, Chicago, New York City, Atlanta and the New England region of the country.

Since the early 1990s, Genaro Torres was involved in transporting quantities of cocaine across the Mexican-South Texas border in the area of Laredo, Texas, and thereafter distributing the cocaine. Torres was found by the Court to have acted as a manager or supervisor in this extensive drug distribution activity and the Court further found that, between 2000 and 2008, Torres arranged at times for the distribution of multi-kilogram quantities of cocaine to individuals in or about Houston, Texas.
As for Maria Garcia, by early 2000, this defendant was selling cocaine in Houston, Texas, after being supplied by Genaro Torres. Between February 2000 and April 2000, Torres arranged the delivery of over 50 kilograms of cocaine in Houston, Texas, to Garcia or her customers. Torres and Garcia are Mexican citizens (and permanent resident aliens of the United States) and it is anticipated that both Torres and Garcia will be deported upon the completion of their sentences.

"It's often said that crime doesn't pay and in this case that is especially true," said U.S. Attorney Hochul. "The hard work of our law enforcement partners and prosecutors has led to the take down of a major drug conspiracy. But in addition, we have literally taken the profit out of this particular crime syndicate. The money being forfeited will now be put to a much more positive use including continued crime fighting efforts." 

The sentencings are the result of an Organized Crime Drug Enforcement Task Force investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, assisted by the Rochester Police Department, under the direction of Chief James M. Sheppard, and the Internal Revenue Service - Criminal Investigation, under the direction of Special Agent in Charge Toni Weirauch.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Evelyn Roberson, 61, of Buffalo, N.Y., who was convicted of obstruction of justice, was sentenced to 10 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Kathleen A. Lynch and Maura K. O'Donnell, who handled the case, stated that the defendant knowingly concealed tangible objects, including a check, a money order, cash and credit, debit and bank cards, with the intent to obstruct and impede a criminal investigation. In connection with an ongoing criminal investigation of the defendant’s son, law enforcement agents learned that Roberson obtained evidentiary items from her son’s house and from his associates. Agents secured a search warrant for the defendant’s residence, seeking those items. When agents attempted to execute the search warrant, the defendant concealed the items in her clothing and also removed items from the house by hiding them on her person.  

"As most of the public already knows, it is not just the original crime that can lead to prosecution  –  it is also the cover-up," said U.S. Attorney Hochul "As we continue to work with the public and law enforcement to rid our communities of crime, let those who knowingly assist criminals now also be on notice that they are not immune from prosecution.” 

The sentencing is the culmination of an investigation on the part of Special Agents of the FBI, under the direction of Special Agent in Charge, Christopher M. Piehota, and the United States Secret Service, under the direction of Special Agent in Charge Tracy Gast.

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Daniel Jimenez, 25, of  Fort Meyers,  Florida, was sentenced to time served (eight months) by Chief U.S. District Court Judge William M. Skretny for assisting his father, German Jimenez, with providing false identification documents to illegal aliens.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that German Jimenez sold fake green cards (permanent resident cards), social security cards and driver's licenses to illegal immigrants.  Daniel Jimenez assisted his father with mailing out those documents.

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.

Sentencing for German Jimenez is scheduled for February 15, 2013, at 9:00 a.m. before Judge Skretny.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Marcus Adside, 24, of Buffalo, N.Y., who was convicted of being a felon in possession of a firearm, was sentenced to 37 months in prison and two years of supervised release by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the sentencing, stated that on November 26, 2010, the defendant illegally possessed a firearm while under New York Parole supervision stemming from a prior felony conviction. On the day of his arrest, Adside fled from Buffalo Police officers who were approaching him. During a foot chase, the defendant threw the firearm, however, later DNA testing linked Adside defendant to the firearm.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr,. announced today that Joseph Baudendistle, 38, of Odessa, N.Y., pleaded guilty before U.S. District Judge David G. Larimer to possession of chemicals used to manufacture methamphetamine. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that  during the course of an investigation into the manufacturing of methamphetamine in the Southern Tier area of New York State, law enforcement officers learned that Baudendistle purchased in excess of nine grams of ephedrine base products within a 30 day period, a violation of the United States drug laws. The defendant visited four different pharmacies in Watkins Glen, N.Y. and Montour Falls, N.Y. between January of 2011 and February of 2012 and purchased in excess of the permitted amount of Sudafed and Suphedrine.

Baudendistle was arrested in August of 2012, along with Khristine Bedient, Robert Getman, Jr., Margaret Shermer and Joshua Watson. He is the second defendant to be convicted. Joshua Watson was convicted of a similar charge on January 24, 2013 and will be sentenced on March 28, 2013.
       
The plea is the culmination of an investigation by the Schuyler County District Attorney’s Office, under the direction of District Attorney Joseph Fazzari, Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Schuyler County Sheriff’s Department, under the direction of Sheriff William Yessman, and the Watkins Glen Police Department, under the direction of Chief Thomas R. Struble.

Sentencing is scheduled for March 24, 2013 at 10:30 a.m. before Judge Larimer.

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Omer Fadhel Saleh Mohammed, 31, of Rochester, N.Y., was arrested and charged by criminal complaint with making false bomb threats. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00 or both.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that according to the complaint, between September 24, 2012 and January 24, 2013, the defendant made twenty one 911 calls claiming that a terrorist was going to bomb the Kodak Corporation. For instance, the complaint alleges that during one call Mohammed stated the terrorists were "going to blow up the big Kodak." The 911 calls that specifically referenced Kodak resulted in emergency responses by the Rochester Police and Fire Departments.  

The defendant made an initial appearance before Magistrate Judge Marian W. Payson on February 4, 2013. Mohammed was release on his own recognizance and is due back in court March 4, 2013 at 9:00 a.m.

The criminal complaint is the result of an investigation by the Rochester Joint Terrorism Task Force and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.

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

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Joseph Marranca, Jr., 68, of Lancaster, N.Y., who was convicted of attempted receipt of child pornography, was sentenced to five year in prison and five years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated the defendant posted an ad on Craig's list that read in part "looking for a teenager." Marranca  engaged in chat conversations online and began talking with a person who indicated that she was a 14 year old girl. During those chats, the defendant asked the 14 year old for pictures and made arrangements to meet her at a park. The individual that Marranca was actually chatting with was an undercover police officer. The defendant was arrested after he drove to the park to meet the officer.

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 the Special Agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, Special Agent In Charge and the Cheektowaga Police Department under the direction of Chief David Zack.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Quality Roofing, Inc., a Michigan-based corporation, pleaded guilty before U.S. District Judge Charles J. Siragusa to preparing and submitting false documents to the government.  The charge carries a maximum penalty of a fine of $500,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant was a subcontractor on a government roofing project at the Kenneth B. Keating Federal Building in 2007-2008. Quality Roofing 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.

As part of the plea, Quality Roofing has agreed to pay a fine of $75,000 to the United States, and restitution to its employees in the amount of $19,197.50, which represents the difference between what the employees should have been paid and what they were actually paid.

The plea 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.

Sentencing is scheduled for date April 15, 2013, at 4:00 p.m. before Judge Siragusa.

Rochester, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Gary Shapoff, 62, of Boynton Beach, Florida, who was convicted of money laundering and making a false tax return, was sentenced to 60 months in prison and ordered to pay restitution in the amount of $2,228,605.84 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, Shapoff used the mail and wire communications to facilitate the execution of the fraud. He also used illegally obtained investor proceeds to promote the scheme, in violation of the federal money laundering provisions, and did not report the gains that he made from the fraud on his individual tax returns. Shapoff offered the opportunity for “huge profits” in foreign currency, trades that were never made in investors names.

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 Special Agent in Charge Christopher M. Piehota, 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 Mohammed Yassin, 42, of Hamilton, Ontario, who was convicted of bank fraud, was sentenced to 26 months in prison and ordered to pay $36,100 in restitution by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Yassin, a citizen and resident of Canada, opened a business bank account at a Key Bank  branch located in Niagara Falls, N.Y. in the name of Montsaida, Inc. Between April 2, 2009 and May 8, 2009, the defendant deposited fraudulent pre-authorized debits (“PADS”) into Montsaida’s account. The false PADS deposited to the account  purportedly represented money owed to Montsaida by the payers listed on the PADS.   Key Bank relied upon the deposited PADS to calculate the daily cash balance of funds in the Montsaida business checking account.

On May 8, 2009, the defendant withdrew money from the Montsaida account by electronically transmitting funds from the account by means of wire communication to bank accounts in Canada. Yassin caused three separate wire transactions to transmit funds from the Montsaida account in the amounts of $8,500, $10,300 and $11,000, totaling $29,800. This money represented funds from the deposit of the false and fraudulent PADS.

Between February 26, 2009, and March 28, 2009, the defendant committed similar fraudulent acts against Bank of America. The total loss to Key Bank and Bank of America was $36,100.

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

BUFFALO, N.Y.-- U.S. Attorney Williams J. Hochul, Jr. announced today that Anthony F. Amato, Jr., 40, of Tonawanda, N.Y., who was convicted of possession of child pornography, was sentenced to three years in prison and five years supervised release by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on December 17, 2007, a search warrant was executed at the defendant's residence. Officers found three videos and 17 images of child pornography on a computer and disks. Amato admitted that he obtained the videos and images over the internet.

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

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, Special Agent in Charge and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.  Additional assistance was provided by the Western New York Regional Computer Forensics Laboratory, which conducted the forensic analysis of the computer.

BUFFALO. N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that the Western District of New York, which covers 17 upstate counties, is sponsoring three upcoming training sessions that will address violent crime, in particular shootings, and how it impacts law enforcement, schools and businesses.

"In light of the recent shootings at Sandy Hook Elementary School in Newtown, Connecticut and Webster, N.Y., the timing of these trainings couldn’t be better," said U.S. Attorney Hochul. "As someone who has worked directly with our local police and federal agencies for the past three decades, the public needs to know that our law enforcement officers are well trained and dedicated when it comes to handling these highly volatile situations. Nevertheless, we must continue to be proactive and do all we can do to educate and prepare not only members of law enforcement, but also the public."

The first training, "Street Survival and Officer Safety," is scheduled for February 8, 2013. Organized specifically for members of law enforcement, this training will focus on three case studies which involved the death or serious injuries of police officers and the safety training that followed these incidents. This training is co-sponsored by the U.S. Attorney's Office, Middle Atlantic-Great Lakes organized Crime Law Enforcement Network (MAGLOCLEN), the Federal Bureau of Investigation, and Hilbert College.

On March 15, 2013, the U.S. Attorney’s Office, together with the United States Secret Service, The University at Buffalo, and the National Center for Missing and Exploited Children, will co-sponsor the 10th Annual Safe Schools Initiative Seminar. This all day program, entitled "Understanding Human Aggression and Violence, and Making Our Schools Safe," is designed for school officials and officers, and will feature Lt. Col. Dave Grossman, one of the world's foremost experts in the field of human aggression and the roots of violence and violent crime.

Finally, the U.S. Attorney's Office, along with other local police agencies, are in the planning stages of a training to be held in April that will focus on active shooters in a business environment. The goal of the training is to educate employees and owners of local businesses and equip them with the tools needed to be protect their staff and operations from a violent crime incident.

"By partnering with law enforcement, the education and business communities on a topic as important as active shooter, I believe we can better protect the public and each other from the many challenges such a scenario presents,” said U.S. Attorney Hochul.

“While no one solution exists which will eliminate all violent crime, by collectively discussing and implementing best practices, we will all be in a better position to ensure that the proper steps are taken to both prevent, and address, such dangerous situations if they ever present themselves again."

For more information about these trainings, please contact Public Affairs Officer Barbara Burns at 716-842-5817.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jason Koscielski, 24, of Rochester, N.Y., who was convicted of receipt, distribution and possession of child pornography, was sentenced to 135 months in prison and 30 years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant came to the attention of law enforcement in January 2009 when members of the Toronto Police Service, in Toronto, Canada discovered Koscielski was online and sharing images of child pornography through a peer-to-peer file sharing program. The case was referred to Special Agents with Homeland Security Investigations who obtained a search warrant for the defendant’s residence. During the search, agents located more than 200 videos and 1,000 images of child pornography on digital media owned by the defendant.

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

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

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today John Sorrentino, 46, of East Aurora, N.Y., who was convicted of money laundering, was sentenced to 31 months in prison by Chief U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant used fraudulent loan applications to induce five banks in Arizona and Western New York into lending him large sums of money. Sorrentino then filtered the proceeds from the fraudulent loans into a down payment for the purchase of a home in East Aurora. In applying for a mortgage for the property, the defendant provided false information regarding his salary, employer, and address. In addition, Sorrentino used a fraudulent loan application to obtain a mortgage and a home equity line of credit on a property in Arizona.

As part of the defendant's plea, his home in East Aurora will be forfeited to the Government as well as the computers used to facilitate the unlawful activity and a truck purchased with illegally obtained funds.

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 was the culmination of an investigation on the part of Special Agents of the Secret Service, under the direction of Special Agent in Charge Tracy Gast.

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted James S. Allen, 36, of New Baltimore, MI, on 18 counts of cyberstalking and five counts of production of child pornography. The production of child pornography charges carry a mandatory minimum sentence of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine for each count. The cyberstalking charge carries a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to indictment, between April and August of 2012, the defendant utilized the internet and text messages to stalk, communicate with, and threaten 18 female victims in the Western District of New York, many of them minors, in an effort to obtain pornographic pictures of the minors. The complaint filed earlier in the case alleges that Allen contacted the victims and told them that he found naked pictures of them on the internet. The defendant then directed the victims to a specific website to view the pictures. In reality, the website was a front – or “phishing site” - by which the defendant sought to surreptitiously obtain the victim’s private e-mail address and password.

Once the targeted victim input the requested information, the victim’s personal e-mail addresses and passwords went straight to the defendant via the internet. The defendant thereafter seized control of the victim’s e-mail accounts, contacted the victims, and threatened that if they did not engage in a Skype video chat with him, he would distribute naked photos of the victims over the internet. Once a victim and the defendant logged onto Skype (the defendant utilized the screen name “shhh.shhh”), Allen demanded that the victims take their clothes off and engage in sexual conduct, with the further threat that naked pictures of them would be sent out to all of Western New York if the girl did not comply. As a result of the defendant's repeated and sustained harassment of the victims, many victims suffered substantial emotional distress.

U.S. Attorney Hochul stated that “It is appropriate that the grand jury returned this case in January, which is National Stalking Awareness Month. According to the National Intimate Partner and Sexual Violence Survey released by the Centers for Disease Control and Prevention in late 2011, 6.6 million people were stalked in a 12-month period and 1 in 6 women and 1 in 19 men were stalked at some point in their lifetime. These statistics certainly demonstrate that anyone can be a victim of stalking, but that women and girls are three times more likely to be stalked than men. As shown by the present case, statistics also indicate that young adults have the highest rate of stalking victimization.”

U.S. Attorney Hochul continued “another message that the public needs to recognize is that most stalking cases involve some form of technology. According to available reports, more than three-quarters of stalking victims received unwanted phone calls, voice and text messages, and one-third of victims were watched, followed, or tracked with a listening or other device. These findings underscore the critical need for the public to understand how stalkers and other criminals use technology.”

U.S. Attorney Hochul concluded “The public, in particular parents, need to continue to be vigilant is the use of both computers and cellular telephones. While modern communication and technology provide benefits to many, in the hands of criminals, the same instruments sometimes lead to potentially dangerous, even deadly situations. Keep these simple tips in mind: beware of strangers or individuals you don’t know who approach you online; do not post personal or identifying information online; and carefully monitor your accounts to prevent hacking or other related issues.”

The indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, Special Agent in Charge and the Kenmore Police Department, under the direction of Chief Peter Breitnauer.

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 Christine Whitney, 35, of Williamsville, N.Y., pleaded guilty today before U.S. District Court Judge Richard J. Arcara to using an unauthorized access device. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine or both.

Assistant U.S. Attorney Trini E. Ross., who handled the case, stated that between January 20, 2012 and March 15, 2012, Whitney fraudulently obtained a Discover credit card in the name of another person who resided outside New York State. The defendant then used the card to make unauthorized ATM withdrawals at local area banks and unauthorized purchases at various retail stores in the Western District of New York. Whitney illegally obtained cash and merchandise totaling approximately $8,000.

The plea is the culmination of an investigation by the U.S. Postal Inspection Service, under the direction of Inspector in Charge Kevin Niland.

Sentencing is scheduled for May 13, 2013 at 12:30 p.m. before Judge
Arcara.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo has returned a five-count indictment charging Nina Jafari, a licensed clinical social worker, 62, of Amherst, N.Y., with health care fraud. The charge carries a maximum penalty of 10 years years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the indictment, the defendant defrauded Blue Cross Blue Shield of Western New York. The scheme involved Jafari submitting reimbursement claim forms to Blue Cross Blue Shield for services that were not rendered. The amount totaled approximately $125,000.

The indictment is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.

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 Guy A. Bax, 66, of Niagara Falls, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to corruptly accepting gratuities in connection with his role as the Building Commissioner for the City of Niagara Falls. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.

First Assistant U.S. Attorney James P. Kennedy, Jr., who is handling 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.

"As we have said in the past, this Office intends to root out public corruption wherever it occurs," said U.S. Attorney Hochul. "Every person or business is entitled to a level playing field when it comes to dealings with Government officials. Public employees, for their part, may not illegally or personally benefit from their position. While instances of public corruption are fortunately rare in Western New York, such will be treated firmly and decisively when they come to our attention."

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 Christopher M. Piehota, Special Agent-in-Charge, Buffalo, Division, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni Weinrauch, Special Agent-in-Charge.

Sentencing is scheduled for May 10, 2013, at 12:30 p.m. before Judge Arcara.

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Jacqueline Bontzolakes, 38, of Tonawanda, N.Y., who was convicted after a jury trial of international parental kidnaping and making a false statement on a passport application, was sentenced to 18 months in prison, by U.S. District Judge Bill Wilson.

According to Special Assistant U.S. Attorney Fauzia K. Mattingly and Assistant U.S. Attorney Eric M. Opanga, who handled the prosecution of the case at trial, Bontzolakes took two minor children out of the country in violation of the custody arrangements set by the Erie County Family Court and without the knowledge or permission of their fathers. The defendant also concealed the identity of the father of one of the minor children in applying for a passport for that child. Through the efforts of Homeland Security Investigations agents and officials of the Diplomatic Security Service of the U.S. Department of State, Bontzolakes was returned to the U.S. and arrested in Miami, Florida, on March 24, 2010. The two minor children were located and reunited with their fathers.

"Today's sentence is just punishment for a person who kidnaped her own children and kept them away from the lawful, court designated guardian, in this case their fathers," said U.S. Attorney Hochul. "Such cases are sensitive in nature but must be handled by the proper judicial authorities when, as in this case, circumstances warrant."

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Steven Bennett, 42, of Buffalo, N.Y.; Chandra Woods, 29, of Los Angeles, California; Jessica Lopez, 32, of Buffalo, N.Y.; Phillip Keomongkoun, 26, of Buffalo, N.Y.; Malcom Bull, 21, of Jamestown, N.Y.; Nikki Lillard, 49, of Buffalo, N.Y.; and Guy Burt with conspiracy to possess with intent to distribute, and to distribute, methamphetamine and cocaine, and money laundering conspiracy. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, a $5,000,000 fine or both.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the indictment, between July 2012 and January 2013, Steven Bennett was a supplier of methamphetamine and cocaine. The defendant shipped the drugs from California to Buffalo for distribution by his co-defendants. Bennett made numerous trips to Buffalo to coordinate the shipments and further distribute the drugs.

"This investigation focused on a narcotic which is only beginning to be seen in our area and involved an organization that was seeking to create a market for this dangerous drug," said U.S. Attorney Hochul. "The fact that law enforcement was able to conclude this highly successful investigation in such a short period of time is to be commended."

DEA Special Agent in Charge Brian R. Crowell stated, “This organization was attempting to establish a customer base for Mexican methamphetamine and cocaine in the Western New York area – meth use destroys families, communities, and is extremely dangerous to our public. Any organization attempting to traffic meth is one of the top priorities for our task force. Our dedicated task force investigators identified the source of this extremely high purity methamphetamine being distributed throughout Buffalo’sneighborhoods, traced it back to Steven Bennet and his co-conspirators, and has them facing justice today. Like any illegal drug, methamphetamine has the potential to cause overdoses and death to many of its users, while also increasing violence, theft and crime associated with drug trafficking. I highly commend the men and women of our joint local, state and federal task force who worked with a sense of urgency to protect the citizens of Buffalo from this drug trafficking organization."

The indictment is the result of an investigation on the part of members of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Field Division, the Erie County Sheriff's Department, under the direction of Sheriff Timothy Howard, the Cheektowaga Police Department, under the direction of Chief David Zack, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Toni Weirauch.

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

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Nicholas Polcz, 35, of Freedom, N.Y., who was convicted of mail fraud, was sentenced to one year in prison and ordered to pay $28,419.44 in restitution by Chief U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in 2010, Polcz was employed as the director of operations for Ziphany Company. The defendant's responsibilities included overseeing the internal computer operations and wireless service provider. Sometime in April 2010, Polcz created his own company, EXUO Communications, a shell company with no employees. After creating EXUO, the defendant advised management at Ziphany that he changed Ziphany's wireless communications provider to EXUO Communications. At no time did Polcz advise anyone from Ziphany that EXUO was his company.

Since EXUO communications was a shell company with no ability to provide wireless service, the defendant continued to have the original service provider provide wireless communications for Ziphany. In order to hide his scheme, Polcz advised representatives from the wireless provider to send all invoices to his company as EXUO was now taking over the billing and communications for Ziphany. After receiving the invoices, the defendant would then create a false, fraudulent and inflated EXUO invoice and send it along to Ziphany. After receiving payment on the inflated invoice from Ziphany, Polcz would pay the wireless service provider and keep the remainder for himself. As a result of the scheme, Ziphany was defrauded out of over $28,000.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent in Charge Christopher M. Piehota.

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jimmy Lee Barner, 30, Buffalo, N.Y., who was convicted after a jury trial of being a felon in possession of firearm and ammunition, was sentenced a 100 months in prison by U.S. District Judge Bill Wilson.

Assistant U.S. Attorneys Joseph M. Tripi and John M. Alsup, who handled the prosecution of the case, stated that during a search of Barner’s Amherst Street apartment in January of 2008, New York State Parole Officers and Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives found that the defendant was in possession of a firearms and ammunition. At the time, Barner was on parole for a previous felony state conviction.

The sentencing is the culmination of an investigation on the part of the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Brian Fischer and the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Frank Christiano.

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Michael A. Taschetta, 54, of Akron, N.Y., with possession of child pornography. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, the defendant downloaded images of child pornography from the internet utilizing a peer-to-peer software application.

The indictment 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 the 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 Hector Rodriguez, 24, of Buffalo, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara to Racketeering Influenced Corrupt Organizations (RICO) Conspiracy. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant was a member of the 10th Street Gang and admitted to drug dealing and firearms possession as a part of his participation in the gang. As a part of his activities on behalf of the 10th Street Gang, on May 22, 2006, Rodriguez learned that rival drug dealers were making what he believed to be a substantial amount of money selling crack cocaine in the turf controlled by the 10th Street Gang. As a result, the defendant dressed in old and dirty clothes, pretended to be a crack cocaine user, and purchased crack cocaine from the rival drug dealers who were selling in the 10th Street Gang's turf. Following the purchase, Rodriguez returned to a 10th Street Gang drug house where he told fellow gang members that he did not see any guns in the possession of the rival drug dealers located inside the house. Armed 10th Street gang members then went to the location and shot the rival drug dealers using an AK-47 in order to force the rival drug dealers out of the neighborhood.

The defendant was indicted along with 34 other 10th Street Gang members or associates. He is the 18th defendant to be convicted.

The plea is the culmination of an investigation on the part of Investigators of the New York State Police under the direction of Major Christopher Cummings, the Buffalo Police Department under the direction of Commission Daniel Derenda, and Special Agents of the Federal Bureau of Investigation under the direction of Special Agent in Charge Christopher M. Piehota.

Sentencing is scheduled for May 9, 2013 at 12:30 p.m. before Judge Arcara.

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Timothy J. Lichtenburger, 30, of North Tonawanda, N.Y., who was convicted of burglarizing a pharmacy and possession with intent to distribute the various controlled substances taken in the burglary, was sentenced to 70 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on May 15, 2011, the defendant broke into the Rite Aid Pharmacy at 1381 Nash Road, in the City of Tonawanda, on two separate occasions and stole in excess of $26,000 worth of various Schedule II, III and IV controlled substances. Lichtenburger then distributed the narcotic prescription pain pills between the date of the burglary and his arrest on May 21, 2011. The defendant was also ordered to pay restitution to Rite Aid in the amount of $27,197.37.

The sentencing is the culmination of an investigation on the part of the North Tonawanda Police Department Detective Bureau, under the direction of Police Chief Randy Szukala, and Special Agents of the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Christopher H. Monfort, 40, of East Rochester, N.Y., pleaded guilty before U.S. District Judge Charles J. Siragusa, to manufacturing 50 or more marijuana plants. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that during the execution of a search warrant at a residence at 353 Noridge Drive in Irondequoit, N.Y., police recovered 276 marijuana plants, as well as scales, lights, and other equipment used to grow and manufacture marijuana. Monfort admitted to using the residence to house a marijuana grow operation.

Monfort also faces other federal charges in a separate matter. On September 11, 2009, the defendant pleaded guilty to burglary of a railcar, which carries a maximum penalty of 10 years in prison, a fine of $250,000, or both. Those charges resulted from Monfort's involvement in the theft of more than 67 gross tons of processed scrap metal from railcars at a CSX Transportation railroad yard located south of the City of Batavia, between June 20, 2009, and June 30, 2009.

The plea relating to the marijuana grow operations is the culmination of an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Rochester Police Department, under the direction of Chief James M. Sheppard, the Brighton Police Department, under the direction of Chief Mark Henderson, the East Rochester Police Department, under the direction of Chief Steven J. Clancy, and the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division.Sentencing for both matters is scheduled for March 4, 2013, at 4:00 p.m. before Judge Siragusa.

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that John A. Cruz, 26, of Buffalo, N.Y., pleaded guilty before U.S. Magistrate Judge Leslie G. Foschio, to conspiracy to possess with intent to distribute, and to distribute, heroin. Cruz was arrested along with 17 others in August of 2010 for narcotics trafficking. The drug conspiracy charge against Cruz carries a maximum term of 20 years in prison, a $1,000,000 fine, or both.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Cruz was involved in a drug conspiracy which distributed illegal narcotics throughout the Western District of New York. Specifically, the defendant sold heroin. Cruz was arrested in August of 2010 along with 16 others. To date, eight of the 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 Special Agent in Charge Christopher M. Piehota, 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, Internal Revenue Service - Criminal Investigation, under the direction of Special Agent In Charge Toni Weirauch, 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 Tryn Parker, 40, of Rochester, N.Y., who was convicted of failing to surrender for the service of a sentence, was sentenced to 18 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorneys Marisa J. Miller and Tiffany H. Lee, who handled the case, stated that the defendant was convicted of conspiracy to commit bank fraud and sentenced by Judge Larimer to a prison term in August 2010. At Parker’s request, the Court allowed the defendant to remain released on bail, on the condition that Parker surrender himself to the United States Marshals Service or the Bureau of Prisons for service of his sentence. The defendant failed to surrender at the designated time and facility. Thereafter, in February 2011, the defendant was arrested in Tuscaloosa, Alabama, where he was found to be using false identification. This sentence will run concurrent to the original sentence of 30 months in prison.

The sentencing is the culmination of an investigation on the part of the United States Marshals Service, under the direction of Marshal Charles Salina.

BUFFALO, N.Y.---U.S. Attorney William J. Hochul, Jr. announced today that Maurice Ubiles, of Niagara Falls, N.Y., who was convicted of obstructing justice, was sentenced to 22 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant lied to law enforcement officers about a controlled drug purchase he allegedly made from a target of a Niagara Falls Police and U.S. Drug Enforcement Administration narcotics investigation. As a result of the false information provided by Ubiles, the target was arrested and charged in federal court. The charges were later dismissed once law enforcement officers and the United States Attorney’s Office determined that the defendant had lied about the drug purchase.

“While the facts underlying this case are fortunately a rare occurrence, today’s prosecution and sentence demonstrate this Office’s commitment to pursue justice under all circumstances, as well as substantial punishment that will be given to anyone who deceives law enforcement in its efforts to fight crime," said U.S. Attorney Hochul.

The sentencing is the result 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, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo returned a 17 count indictment charging Sheri L. Becirovic, 46, of Hamburg, N.Y., with conspiracy to defraud the United States, conspiracy to file fraudulent tax returns, filing a fraudulent tax return, misuse of social security numbers, and aggravated identity theft. The charges carry a maximum penalty of 20 years, a mandatory minimum of two years for each aggravated identity theft conviction, and a fine of $250,000.

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

The indictment is the culmination of an investigation on the part of 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.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Tony Leon Smith, 64, of Snellville, Georgia, who was convicted after a jury trial of wire fraud and money laundering, was sentenced to 96 months in prison and ordered to pay restitution in the amount of $5,175,000 by U.S. District Judge Charles J. Siragusa.

According to Assistant U.S. Attorneys Tiffany H. Lee and John J. Field, who handled the prosecution of the case at trial, the defendant defrauded two investors in the Western District of New York in two separate high yield investment schemes out of a total of $5,175,000. Smith claimed to be a multi-millionaire and experienced investor and employed an elaborate ruse to convince his victims that he had experience in international investments. The defendant promised his victims high yield returns in a short period of time. Smith convinced one victim to wire him $5,000,000 to an offshore bank account in St. Kitts. Instead of investing the amount as promised, the defendant wire transferred the money back to himself and others into bank accounts in Rochester, NY. Neither victim ever got their money back.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota and the United States Postal Inspection Service, under the direction of Kevin M. Niland, Inspector in Charge, Boston Division.

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Darryl Parker, 32, of Buffalo, N.Y., who was convicted of using a communication facility to commit a drug felony, was sentenced to 27 months in prison and one year supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Clare Kane, who is handling the case, stated that between January 2008 and July 29, 2008, Parker was intercepted over wiretaps ordering cocaine from a source of supply. The defendant was indicted along with 33 others following an investigation into drug dealing and weapons possession in the Central Park area of the City of Buffalo. A total of 30 defendants have been convicted.

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Brian R. Crowell, New York Region and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that John L. Lyons, of Caledonia, N.Y., was charged by criminal complaint with intending to extort money by threatening to injure the reputation of another. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

The complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota. 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 Cassandra Montrevel, 26, of Sacramento, CA, who was convicted of conspiracy to commit bank fraud and aggravated identity theft, was sentenced to 70 months in prison and ordered to pay restitution in the amount of $326,00 by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Tiffany H. Lee, who is handled the case, stated that the defendant conspired with others to execute a scheme to defraud Bank of America by flying to different branches across the country, posing as actual bank account holders, and attempting to make cash withdrawals. Montrevel flew into the Western District of New York in March 2011. On March 18, 2011, the defendant went to Bank of America branches in Irondequoit, Gates and Batavia and attempted to withdraw money from the account of a Texas resident by presenting a fake Texas driver's license using the name of the actual account holder. Montrevel also presented the correct social security number of the true account holder. She admitted to having executed the scheme in Florida, Georgia, Tennessee, Illinois and New York as well.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Douglas C. Tatner, II, 33, of Rochester, N.Y., pleaded guilty to possession of child pornography before U. S. District Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that a search warrant was executed at Tatner's former residence on Glide Street in Rochester by members of the FBI's Cyber Crimes Task Force in January 2012. The search warrant followed a report from a witness who saw images of child pornography depicting children between the ages of 3 to 12 on the defendant's computer. Tatner admitted to possessing the images of child pornography, including images depicting pre-pubescent minors.

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

The plea is the culmination of an investigation on the part of the FBI's Cyber Crimes Task Force, under the direction of Special Agent in Charge Christopher M. Piehota. The task force includes the Rochester Police Department, under the direction of Chief James Sheppard.

Sentencing is scheduled for May 6, 2013 at 9:30 a.m. before Judge David G. Larimer

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. Announced today that a federal grand jury in Buffalo has returned an indictment charging Robert P. Dombrowski, 50, of Buffalo, N.Y., with attempting to persuade, induce, entice, and coerce a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a fine of $250,000.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the indictment, on February 7, 2012, the defendant began online chats with someone he believed to be a minor. However, the individual that he was conversing with was an undercover FBI Agent. On March 9, 2012, agents took Dombrowski into custody after he arrived at a restaurant with the intention to meet the minor he had been conversing with online.

The indictment is the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Christopher M. Piehota, Special Agent in Charge and the Violent Crimes Against Children Task Force.

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 Torano Spencer, 37, of Lockport, N.Y., pleaded guilty before U.S. District Court Judge William M. Skretny to conspiracy to distribute cocaine and cocaine base. The drug conspiracy charge carries a maximum  penalty of 20 years in prison, a $1,000,000 fine, or both.

            Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that from June 2009 through August 2010, Spencer sold cocaine and cocaine base he purchased from Eric Williams, to other individuals in the Lockport area. Spencer is one of 19 defendants convicted as a result of this drug trafficking investigation. Williams was previously convicted of conspiracy to possess with intent to distribute, and to distribute, kilograms of cocaine, and is scheduled to be sentenced on September 10, 2013.

            The sentencing 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 Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent- in-Charge Toni M. Weirauch, and the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Votour.

            Sentencing is scheduled for December 3, 2013 at 9:00 a.m. before Judge Skretny.

 

          BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Robert P. Dombrowski, 51, of Buffalo, N.Y., who was convicted of attempted receipt of child pornography, was sentenced to 60 months in prison and 10 years supervised release by Chief U.S. District Judge William M. Skretny. 

            Assistant U.S. Attorney Edward H. White, who handled the case, stated that between February 7, 2012 and March 9, 2012, the defendant engaged in chats over the internet with undercover FBI Agents who were posing as a fifteen year old girl. During the chats, Dombrowski attempted to receive child pornography through the internet on his home computer. The defendant also made plans to meet with who he thought was a fifteen year old girl at a restaurant with the purpose of engaging in sexual activity with the girl involving sex toys.  The defendant was apprehended by law enforcement officials who discovered the sex toys referenced in the chats in the defendant’s vehicle. 

            The sentencing is the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, Acting Special Agent in Charge, the Cheektowaga Police Department under the direction of David Zack, Chief of Police, and the Violent Crimes Against Children Task Force.

 

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Maximo Arrelano Tenango, 31, of Morelos, Mexico, who was convicted of being an alien found in the United States after deportation following a felony conviction, was sentenced by U.S. District Judge David Larimer to 16 months in prison. The defendant will be turned over to immigration authorities for deportation proceedings following the completion of his sentence.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant came to the attention of federal immigration officials following his arrest in November 2011 for stabbing two people in Yates County. Arrelano Tenango pleaded guilty to that offense and was sentenced to one year in the Yates County Jail. Homeland Security Agents took federal custody of the defendant upon his release from jail.

Arrelano Tenango is a Mexican national who was unlawfully in the United States. He was arrested by immigration officials and physically removed from the United States on five previous occasions. The defendant was also convicted in federal court in 2010 for the felony crime of being unlawfully present in the United States following deportation.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that DeShawn McLorn, 39, of Buffalo, N.Y., who was convicted of conspiring to distribute OxyContin pills, was sentenced by Chief District Judge William M. Skretny to 57 months in prison.

According to Assistant U.S. Attorney Michael L. McCabe, who handled the case, in 2009 and 2010, McLorn distributed approximately 1,000 Oxycontin tablets at a location on Strauss Street in Buffalo. The defendant obtained these tablets from codefendant Michael McCall who was sentenced to nine years in prison for his role on January 8, 2012.

McLorn was arrested along with 33 others following a long-term investigation into the widespread illegal sale of prescription drugs in the City of Buffalo and its eastern suburbs. All 34 defendants have been convicted and McLorn is the final defendant to be sentenced.

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Brian R. Crowell, New York Field Division, the New York State Police, under the direction of Major Christopher Cummings, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Cheektowaga Police Department, under the direction of Chief David Zack, the West Seneca Police Department, under the direction of Chief Edward Gehen, and the Lancaster Police Department, under the direction of Chief Gerald Gill.

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Michael McCall, 60, of Buffalo, N.Y., who was convicted of conspiring to distribute OxyContin pills, was sentenced by Chief U.S. District Judge William M. Skretny to nine years in prison.

According to Assistant U.S. Attorney Michael L. McCabe, who handled the case, McCall maintained a continuing criminal enterprise as the organizer and manager of a large-scale distribution network for OxyContin in the City of Buffalo in 2009 and 2010. During this time, McCall coordinated the supply of OxyContin by organizing a series of individuals who obtained prescriptions from local physicians and then sold the tablets to the defendant. McCall often times directed these individuals to obtain OxyContin tablets, and the defendant then met them at a particular time and place to pick up the tablets. McCall also instructed individuals about how to approach their physicians to obtain the OxyContin prescriptions. After successfully obtaining OxyContin tablets from the members of his drug-trafficking organization, McCall then supplied the tablets to distributors for further resale, particularly in the East Eagle and Strauss Street areas in Buffalo.

McCall was arrested along with 34 others on July 14, 2010. A total of 33 defendants have been convicted.

"This case removed a significant supply of illegal prescription drugs from the streets of our community," said U.S. Attorney Hochul. "But it also removed a significant number of defendants who defrauded medical personnel to get the pills and then sold the tablets in our neighborhoods. Our Office has shined the spotlight on this illegal activity over the last few years. Working with our law enforcement partners at all levels, we will not only continue to prosecute those attempt similar actions but we will also continue toeducate the public about the dangers of prescription drugs when used without the guidance of a medical professional."

U.S. Attorney Hochul further stated "Together with our law enforcement partners, our Office used numerous tools to completely dismantle this organization including the federal drug kingpin law. The public will also recall that this case was first brought just as the dangers of prescription pill abuse was just becoming known."

"From the suburbs to the city, the arrest of Michael McCall shut down a drug organization supplying thousands of illegally diverted pain medications to New Yorkers, especially in the East Eagle and Strauss Street locale," state DEA Special Agent in Charge Brian R. Crowell. "Operated like a ponzi business, each level of operations had a function to falsify pain to doctors in order to get prescriptions for pain medication ultimately sold to McCall who distributed it throughout our community feeding the primary drug threat to America, opiate and heroin abuse. As a reminder of the dangers of abusing pain medication, according to the National Survey on Drug Use and Health, accidental overdose deaths caused by opiates surpass deaths resulting from automobile accidents."

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Brian R. Crowell, New York Field Division, the New York State Police, under the direction of Major Christopher Cummings, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Cheektowaga Police Department, under the direction of Chief David Zack, the West Seneca Police Department, under the direction of Chief Edward Gehen, and the Lancaster Police Department, under the direction of Chief Gerald Gill.

BUFFALO, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Wally Reynolds, 36, of Niagara Falls, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to conspiracy to possess with intent to distribute, and to distribute, 100 kilograms of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $2,000,000 fine, or both.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that Reynolds supervised other individuals in a drug conspiracy who imported marijuana from Canada into the United States. The defendant then distributed the marijuana to his customers in the United States.

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

Sentencing is scheduled for May 6, 2013 at 12:30 p.m. before Judge Arcara.

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Juan Marie Delvalle, 25, of Rochester, N.Y., pleaded guilty before U.S. District Court Judge David G. Larimer to conspiracy to commit tax fraud in connection with a large, nationwide tax refund scheme. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from February 1, 2011 to October 31, 2011, the defendant was involved in a scheme to obtain income tax refunds by the filing of fraudulent federal income tax returns with the Internal Revenue Service. Specifically, stolen identities were utilized to file the fraudulent returns. In addition, the wages and related tax withholdings reported on the returns were fabricated in order to obtain refunds. Most of the returns were filed in the names and social security numbers of individuals residing in Puerto Rico without their knowledge. The refund checks issued as a result of the fraudulent returns were sent to various addresses in Rochester and other locations in the country.

A total of 8,336 returns were filed by a company in Bronx, New York claiming refunds totaling $45,768,391. Refunds totaling $3,321,542.00 for 590 of the returns were sent by the IRS to various locations in the Rochester area. Delvalle retrieved the refund checks sent to Rochester and then forwarded the money to individuals in the New York City area who were responsible for filing the false tax returns.

The plea is the culmination of a joint investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Toni Weirauch, Special Agent in Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Abdi Ali Kulmie, 47, of Toronto, Ontario, pleaded guilty to making false statements to a Customs and Border Protection Officer before Chief U.S. District Court Judge William M. Skretny. The charge carries a maximum sentence of five years in prison, a $250,000 fine or both.

Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that on October 27, 2012, the defendant attempted to enter the United States from Canada at the Peace Bridge. When questioned by Customs and Border Protection officers, Kulmie indicated he was a Somalian citizen, not a citizen of Canada. In fact, the defendant became a naturalized Canadian citizen in the early 1990's and is an Ethiopian.

The plea is the culmination of an investigation by Customs and Border Protection, under the direction of James T. Engleman, Director of Field Operations.