Western District of New York

BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Darryl Lamont Paul, a/k/a Darryl Lamont, 59, of Cheektowaga, NY, was arrested and charged by criminal complaint with attempted sex trafficking by force, fraud, and coercion and possession with the intent to distribute cocaine, which carry a mandatory minimum penalty of 15 years in prison and a maximum of life.

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that for the last 25 years, Lamont has owned NoLimit Entertainment (NLE), a company that provides entertainment, including nude dancers and topless bartenders, for parties such as stags and birthdays. Throughout the years, Lamont has maintained a friendship and business relationship with the owner of Pharoah’s Gentleman’s Club, with the two men sharing employees. Lamont would recruit young vulnerable women from Pharoah’s to work for NLE, and he would also refer young women to Pharoah’s for additional employment.

According to the complaint, in early July 2024, Lamont invited a 19-year-old woman (victim), to his residence to audition for NLE. During the audition, Lamont instructed the victim to strip completely naked so he could inspect her body. After her audition, Lamont invited the victim to “shadow” at stag party, where she observed two dancers engaging in sexual activity with each other.  

Lamont also arranged for the victim to audition at an area strip club. After the audition, he took her back to his apartment for “training.” While there, Lamont forced the victim to snort cocaine and drink alcohol. The victim observed Lamont with what appeared to be a large quantity of cocaine. According to the victim, Lamont said that working for him would make her a lot of money and that he knew a lot of important people. He also claimed to know the names of the victim’s family members. The victim believed Lamont told her these things to intimidate her. Lamont also had the victim sign a nondisclosure agreement (NDA) prohibiting her from telling anyone anything that occurred at Lamont’s house or the stag parties. When the victim told Lamont that she was felt extremely uncomfortable and no longer wanted  to work for NLE, Lamont threatened that if she did not work for him, then she would not be allowed to work at the strip club.

Lamont made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on March, 18, 2025.

The complaint is a result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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.

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BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Jermaine McQueen, 46, of Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute 40 grams or more of fentanyl, which carries a minimum penalty of five years in prison, a maximum of 40 years, and a fine up to $5,000,000.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on August 28, 2024, investigators executed search warrants at several locations associated with McQueen. They seized approximately 405 grams of cocaine, approximately 300 grams of fentanyl, and approximately six grams of crack cocaine, drug packaging materials, $10,625 in cash, and several pieces of jewelry, which constitute proceeds of narcotics trafficking. During the investigation, law enforcement made controlled purchases of fentanyl and cocaine from McQueen.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Niagara Falls Police Department, under the direction of Commissioner Nick Ligammari, the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti, the North Tonawanda Police Department, under the direction of Chief Keith Glass, the New York State Police, under the direction of Major Amie Feroleto, and the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia.

Sentencing will be scheduled at a later date.     

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ROCHESTER, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Juan Vera-Cervantes, 45, a citizen of Mexico, was arrested and charged by criminal complaint with re-entry of removed aliens, which carries a maximum penalty of two years in prison.

Assistant U.S. Attorney Nicholas M. Testani, who is handling the case, stated that according to the complaint, on February 25, 2025, Border Patrol agents observed a white cargo van with a Tennessee license plate traveling on the I 490. A check of the license plate revealed that Vera-Cervantes was the registered owner of the vehicle, and he had been previously deported multiple times from the United States and had his final order of removal reinstated on three different occasions. During a traffic stop of the vehicle, Vera-Cervantes stated that he is a citizen and national of Mexico without immigration documents to be in the United States legally. He was placed under arrest.

Vera-Cervantes made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.

The complaint is a result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent in Charge Juan Ramirez.

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.

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BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Michael Burnett, 40, of Hamburg, NY, who was convicted of possession with intent to distribute 40 grams or more of fentanyl and being a felon in possession of a firearm and ammunition, was sentenced to serve 96 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Evan K. Glaberson, who handled the case, stated that in September 2022, the New York State Police and Hamburg Police Department began investigating Burnett’s fentanyl trafficking operation. On February 1, 2023, investigators searched Burnett’s Holiday Lane apartment, seizing four bags of fentanyl, a loaded firearm,  drug paraphernalia, $9,797 in cash, and a 4.8 carat gold and diamond necklace appraised at $23,900, which represents proceeds from his drug trafficking activities. Burnett was previously convicted of felonies in Erie County Court in 2010 and 2019 and is legally prohibited from possessing a firearm.

The sentencing is a result of an investigation by the Hamburg Police Department, under the direction of Chief Peter Dienes, the New York State Police, under the direction of Major Amie Feroleto, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division.

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BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Luis Mauafrewiny Aviles Matias, a/k/a Leiver Artur Ponce Leon, a/k/a Juan Perez Chavez, 57, a citizen of Ecuador, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to making a false claim of United States citizenship. Judge Sinatra then sentenced Matias to serve six months in prison.

Assistant U.S. Attorney David J. Rudroff, who handled the case, stated that on November 12, 2024, Matias was a passenger in a vehicle attempting to enter the United States at the Peace Bridge Port of Entry. He presented a fraudulent Puerto Rican driver’s license as identification. When asked if he was a United States citizen, Matias nodded in the affirmative. Matias is a citizen and national of Ecuador.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).

The plea and sentencing are the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Omid Kazemimanesh, 38, of Mississauga, Ontario, was arrested and charged by criminal complaint with making a false statement, which carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that on October 18, 2024, Kazemimanesh attempted to enter the United States at the Lewiston-Queenston Bridge Port of Entry. During primary inspection, he stated he had served in the Iranian Army approximately 13 years ago, but could not provide any documentation related to the military service. As a result, Kazemimanesh was denied entry, and advised that he would need his military completion card and supporting documentation issued by the Iranian military that showed which branch of the military he had served to gain entry. On March 8, 2025, Kazemimanesh arrived at the Lewiston-Queenston Bridge Port of Entry and during a secondary inspection, he was asked to provide proof of Iranian military service. Kazemimanesh provided an Iranian military service card as well as Iranian military discharge paperwork, stating the Iranian military documents were originals and were provided by the Iranian government approximately 3-4 months after the completion of his military service with the Iran Army Ground Forces. After a review of the military card, a Customs and Border Protection officer suspected the card was fraudulent. Subsequent review determined that the card was in fact fraudulent.

The complaint is a result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy and Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.

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.

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ROCHESTER, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Daniel P. Walsh, 58, of Rochester, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney, Kyle P. Rossi, who is handling the case, stated that the according to the complaint, in November 2024, the National Center for Missing and Exploited Children received a report from Google that an individual using an account registered in Walsh’s name, from Walsh’s IP address, uploaded multiple images of child pornography to Google’s platforms. Rochester Police and the FBI executed a search warrant at Walsh’s residence, during which they seized multiple computers and other digital devices. A forensic examination of those devices revealed that Walsh had received and possessed hundreds of images of child pornography, to include child pornography depicting prepubescent minors engaged in sexual conduct with adults. In many instances, Walsh had superimposed the faces of minors that he knew onto the images.

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.

The criminal complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.                  

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.   

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BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that John Douglas Looney, 82, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to transportation of obscene material in interstate commerce, which carries a maximum penalty of five years in prison, and a fine of $250,000.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that Looney was previously convicted on a federal charge of possession of child pornography. Between August 2018, and March 2019, Looney used an internet connected device and an interactive computer service to receive and distribute images and videos of child pornography via the internet. The images and videos were obscene and depicted prepubescent children being subjected to sexual abuse. Some of the images depicted the sexual abuse of an infant or toddler. In total, Looney possessed more than 1,000,000 images of child pornography on three computers. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for July 10, 2025, before Judge Siragusa.  

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BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Christopher Porter, 37, of Angola, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to theft of mail by an officer or employee, which carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorneys Franz M. Wright and Andrew J. Henning, who are handling the case, stated that between 2021 and May 2022, Porter was employed by the United States Postal Service (USPS) as a City Carrier, assigned to the West Seneca Post Office. In October 2021, Porter stole an envelope containing a Wegmans gift card and a Target gift card, which he gave to his wife. In addition, on various dates in March 2022, Porter opened envelopes and mail and rifled through the mail items, delaying their delivery.

The plea is a result of an investigation by the United States Postal Service, Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent-in-Charge Matthew Modafferi.

Sentencing is scheduled for July 18, 2025, before Judge Vilardo.

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BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Christopher Rucker, 45, of Cheektowaga, NY, who was convicted of possession of child pornography with a prior sex offense, was sentenced to serve 188 months in prison and lifetime supervised release by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that in March 2022, the New York State Police (NYSP) conducted a search warrant at Rucker’s residence, during which they seized a laptop computer and a cell phone. The laptop and cell phone both contained images and videos of child pornography. Subsequent investigation determined that between October 1 and December 28, 2021, Rucker downloaded approximately 1300 images of child pornography. Some of the images depicted prepubescent minors, as well as violence against children and the sexual abuse of an infant or toddler.

Rucker is a registered Level 2 sex offender, following two convictions in 2002 on Sodomy in the 2nd Degree and Using and Interstate Facility to Persuade/Induce a Child to Engage in Sexual Activity.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Cheektowaga Police Department, under the direction of Chief Brian Coons, and the New York State Police, under the direction of Major Amie Feroleto.  

BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that James D. Sutton, 40, of Depew, NY, who was convicted of distribution child pornography, was sentenced to serve 100 months in prison and 30 years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in October 2021, Sutton, a former Wyoming County Corrections Officer, used his cellular telephone to upload 22 video files containing child pornography, via the internet, to the social media platform Kik. The videos included prepubescent minors under the age of 12 years old, and depictions of violence.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Amie Feroleto, the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the National Center for Missing and Exploited Children.  

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BUFFALO, N.Y. -- U.S. Attorney Michael DiGiacomo announced today that a federal grand jury has returned an indictment charging Jose Perez, 40, of Celeron, NY, with attempted production of child pornography and possession of child pornography, which carry a mandatory minimum penalty of 15 years in prison, a maximum of 80 years, and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the indictment and a previously filed criminal complaint, on September 3, 2022, Homeland Security Investigations received a tip from the National Center for Missing and Exploited Children that Perez uploaded a file a suspected child pornography. On December 15, 2022, HSI executed a federal search warrant at Perez’s residence, seizing computers, a cellular telephone, and electronic storage devices, including a thumb drive, which contained two video files that appeared to be taken from a videocam located in Perez’s bathroom. One of the files included video of a naked minor victim who does not appear to be aware that the camera is present. In addition, the thumb drive contained 17,839 image files that appeared to be taken from the same bathroom videocam and included naked images of the minor victim. Images and videos of child pornography were also found on Perez’s cell phone.

The indictment is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.

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.

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BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Alexander Grupp, 32, of Lancaster, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to receipt of child pornography, which carries a mandatory minimum penalty of 15 years in prison and a maximum of 40 years.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in March 2018, Grupp was convicted in New York State Court of Possessing Obscene Sexual Performance by a Child less than sixteen years of age, and sentenced, in part, to 10 years' probation. In October 2022, Grupp communicated with a 15-year-old girl using the instant messaging application, Discord. During these conversations, Grupp persuaded the victim to send him nude pictures of herself.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing will be scheduled at a later date.

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BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Willie C. Graham, 44, of Jamestown, NY, who was convicted of possession with intent to distribute methamphetamine, was sentenced to serve 66 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Donna M. Duncan, who handled the case, stated that on September 6, 2023, Jamestown Police officers initiated a traffic stop on a car that Graham was a passenger in. Officers located numerous items of drug paraphernalia in the car, as well as approximately 29 grams of fentanyl on Graham’s person.

On March 2, 2024, Graham was a passenger in a car that fled from law enforcement officers trying to conduct a traffic stop. A subsequent search of the vehicle resulted in the recovery of approximately 12 grams of methamphetamine, drug paraphernalia, and $1,134.00 cash.

On April 30, 2024, Jamestown Police officers located and arrested Graham. At the time of his arrest, he was in possession of 10 assorted bank and benefit cards, some of which were issued to individuals other than Graham, approximately 53 grams of methamphetamine, drug paraphernalia, and $185.

The sentencing is a result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that a federal grand jury has returned an indictment charging Theodore E. Coffie, 54, of Olean, NY, with narcotics conspiracy, which carries a mandatory minimum penalty of 10 years in prison and a maximum of life. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between July 2016, and March 2021, Coffie conspired with Joseph S. Zaso, and others, to sell heroin, fentanyl, methamphetamine, cocaine, crack cocaine, and marijuana in the Olean area. Zaso was previously convicted and is awaiting sentencing.

Coffie was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division.

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

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BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Henry Ford, 37, of Buffalo, NY, who was convicted of being a felon in possession of a firearm, was sentenced to time serve (approximately 11 months) and three years’ supervised release  by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Donna M. Duncan, who handled the case, stated that in April 2024, a search warrant was executed on Ford’s person and at Ford’s Erb Street residence. Investigators recovered a loaded handgun from Ford’s pocket. Subsequent investigation revealed the handgun was reported stolen from Georgia in September 2019. During the search of Erb’s residence, investigators recovered a second firearm and ammunition. That firearm was reported stolen in the City of Buffalo in March 2024. In October 2008, Ford was convicted of a felony in Erie County Court and is legally prohibited from possessing a firearm.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, and the Buffalo Police Department, under the direction of Commissioner Alphonso Wright.

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BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Richard Pearson, 47, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession with intent to distribute cocaine, and being a felon in possession of a firearm, which carry a maximum penalty of 30 years in prison.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on June 25, 2024, investigators executed a search warrant at a Newland Avenue residence in Jamestown, seizing cocaine, methamphetamine, fentanyl, p-fluorofentanyl, suboxone strips, $200 in cash, a digital scale, and a firearm. Pearson was present during the search. He was previously convicted of felony charges in 2018 and 2009 in Chautauqua County Court, and in 2006 in Federal Court. As a result, Pearson is legally prohibited from possessing a firearm.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division.

Sentencing is scheduled for July 11, 2025, at 9:30 a.m. before Judge Vilardo. 

ROCHESTER, N.Y. - U.S. Attorney Michael DiGiacomo announced that a federal grand jury has returned an indictment charging Jason Goodsell, 39, formerly of Wellsville, NY, with seven counts of production of child pornography and one count of distribution of child pornography. the charges carry a mandatory minimum penalty of 15 years in prison and a possible maximum penalty of 225 years in prison. 

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the indictment, between June 1, 2020, and December 2, 2021, Goodsell coerced a minor victim to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct. In addition, between June 1 and June 30, 2022, Goodsell distributed the images of child pornography that he produced.

Goodsell was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and detained.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Wellsville Police Department, under the direction of Chief Timothy O’Grady. Additional Assistance was provided by the Pittsburgh Office of the FBI.

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 Michael DiGiacomo announced today that Arkan Fadhel, 30, of Buffalo, NY, who was convicted of conspiracy to commit health care fraud,  was sentenced to serve three years supervised release to include 12 months home incarceration by U.S. District Judge Lawrence J. Vilardo. In addition, Fadhel was also ordered to perform 400 hours of community service. Fadhel will also forfeit $781,186.80 and pay restitution totaling $250,000.

Assistant U.S. Attorneys Franz M. Wright and Mary Clare Kane, who handled the case, stated that Fadhel is the owner of Queen City Transportation, Inc., which has been providing non-emergency Medicaid transportation rides since August 2018. Fadhel and several dozen other individuals drove Queen City beneficiaries to appointments, primarily at methadone clinics. Prior to operating Queen City, Fadhel was a driver for Great Lakes Transportation, another non-emergency Medicaid transportation company. Between August 6, 2018, and December 31, 2020, Fadhel submitted false and fraudulent attestation records to Medical Answering Service, a non-emergency Medicaid transportation management company. The attestation records included claims that rides were provided but never actually took place as well as billing group rides as if the rides had been separate, individual rides. The total loss amount to Medicaid was greater than $250,000.

The sentencing is the result of an investigation by Western New York Health Care Fraud Task Force, which includes Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris, the New York State Police, under the direction of Major Amie Feroleto, and Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Naomi Gruchacz.     

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ROCHESTER, N.Y. - U.S. Attorney Michael DiGiacomo announced that Lucas Burke, 23, of Wolcott, NY, who was convicted of theft of a firearm from a federal firearms licensee, was sentenced to serve 30 months in prison by United States District Judge Charles J. Siragusa.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated on October 7, 2023, the Wayne County Sheriff’s Office responded to East Side Traders on Wooster Way in Ontario, NY, for a call of intruders inside. Eastside Traders was a Federal Firearms Licensee authorized to sell firearms under federal law. Subsequent investigation determined that at approximately 4:55 a.m. that morning, Burke smashed a window near the entrance to Eastside Traders and entered the building. Once inside, he stole a rifle. He attempted to steal two others but was unsuccessful. 

The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative.  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The sentencing is the result of an investigation by the Wayne County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the director of Special Agent-in-Charge Bryan Miller, New York Field Division.

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BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that David Jose Gomez Cegarra, 24, and Jesus Segundo Hernandez-Gil, 19, both of Venezuela, were arrested and charged by criminal complaint with bank theft and conspiracy to commit bank theft. The charges carry a maximum penalty of ten years in prison.

Assistant U.S. Attorneys Jeffrey E. Intravatola and Douglas A.C. Penrose, who are handling the case, stated that the defendants are members of the Tren de Aragua Gang, which has been designated by the White House as a Global Terrorist Organization. They are accused of participating in an ATM Jackpotting scheme. ATM Jackpotting involves removing an ATM’s cover and infecting the ATMs hard drive with malware or removing the hard drive and replacing it with an infected hard drive, which allows the operator to assume control of the ATM and cause it to dispense currency.

According to the complaint, Gomez-Cegarra, Hernandez-Gil, and other co-conspirators successfully completed an ATM Jackpotting scheme at a Radius Federal Credit Union in Kenmore, NY, on October 5, 2024. Video surveillance shows that at approximately 4:05 p.m., a vehicle, driven by Gomez-Cegarra,  approached the drive-up ATM, a co-conspirator exited the vehicle and opened the ATM utilizing a key, appeared to install something in the ATM, pressed buttons, and closed the ATM. The vehicle then left the area. Over the next several hours, the vehicle re-appeared multiple times at the ATM and conducted illegal withdrawals. Radius Federal Credit Union reported that $110,440.00 was stolen from the ATM during this ATM Jackpotting event.

Gomez-Cegarra, Hernandez-Gil, and other co-conspirators are also believed to be responsible for ATM Jackpotting events St. Maly’s Federal Credit Union in Framingham, Massachusetts, on October 6, 2024, at First National Bank of Dryden in Dryden, NY, on October 17, 2024, and at two Community First Bank locations in Mount Vernon, Illinois, on November 11, 2024. During these events, approximately $187,000 was reported stolen.

On November 11, 2024, the Mahomet, Illinois Police Department stopped Gomez-Cegarra and Hernandez-Gil in a vehicle together for suspicious activity. Both men presented Venezuelan identifications. They were arrested by the Mahomet Police Department, and ultimately charged by the Mount Vernon Police Department in relation to the incidents that occurred at the Community First Bank locations in Mount Vernon, IL.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Kenmore Police Department, under the direction of Chief Thomas Phillips, the Homer, NY, Police Department, under the direction of Chief Robert Pitman, the Framingham, MA, Police Department, under the direction of Chief Lester Baker, and the Mahomet, Illinois, Police Department.

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

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ROCHESTER, N.Y. - U.S. Attorney Michael DiGiacomo announced that Taraja Green, 28, of Rochester, NY, pleaded guilty before U.S. District Judge Meredith A. Vacca to being a felon in possession of a firearm and ammunition, which carries a maximum penalty of 15 years in prison, and a fine of $250,000 or both.

Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that on March 17, 2024, Rochester Police officers found Green asleep in the driver seat of a running vehicle in the roadway on Seward Street. When the officers approached the vehicle, they could see a 9mm pistol on Green’s lap. Officers later discovered that the firearm was loaded. Green was previously convicted of a felony in August 2019, in Monroe County Court, and is legally prohibited from possessing a firearm.

The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative.  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division.

Sentencing is scheduled for July 8, 2025, at 2:00 p.m. before Judge Vacca.

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BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Edward Rollie, 49, of Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute 400 grams or more of fentanyl, and being a felon in possession of a firearm, which carry a mandatory minimum penalty of 10 years in prison and a maximum of life.  

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on August 28, 2024, investigators executed search warrants associated with Rollie at a Spruce Avenue residence in Niagara Falls, where Rollie’s son resides. They recovered approximately 594 grams of fentanyl, approximately 683 grams of cocaine, and a 9mm semi-automatic handgun. In July 2002, Rollie was convicted of a federal felony drug charge in the Western District of Pennsylvania, and is legally prohibited from possessing a firearm. The investigation also included controlled purchases of fentanyl from Rollie.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Niagara Falls Police Department, under the direction of Commissioner Nick Ligammari, the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti, the North Tonawanda Police Department, under the direction of Chief Keith Glass, the New York State Police, under the direction of Major Amie Feroleto, and the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia.

Sentencing will be scheduled at a later date.    

# # # #

ROCHESTER, N.Y. – U.S. Attorney Michael DiGiacomo announced today that Rolando Antonio Rosado, 59, of the Dominican Republic, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to illegal re-entry after deportation. Rosado was then sentenced to time served and transferred to the custody of Immigration and Customs Enforcement.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in June 2000, an immigration judge ordered Rosado removed in absentia. However, Rosado did not surrender himself for removal. On October 22, 2003, Rosado was arrested by the Rochester Police Department and charged with Criminal Possession of a Weapon. As a result, in April 2004, Rosado was physically removed from the United States. In 2014, he illegally re-entered the United States near Laredo, Texas. On September 26, 2024, Rosado was found in the Western District of New York.

The plea and sentencing are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.

# # # #

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Matthew Fisher, 51, of South Wales, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to production of child pornography, which carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between June 2022, and November 2023, Fisher was employed as the Associate Director of Enrollment and Management at the Gow School, a private boarding school in South Wales, NY. Fisher resided on the Gow School campus. He utilized hidden cameras in his residence to create and attempt to create videos of at least five minor males engaged in sexually explicit conduct. During the investigation, several of Fisher’s electronic devices were seized and found to contain child pornography depicting the five victims and several yet to be identified minor individuals.

The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, the Niagara Frontier Transportation Authority Transit Police Department, under the direction of Chief Brian Patterson, and the East Aurora Police Department, under the direction of Chief Patrick Welch.

Sentencing will be scheduled at a later date.

# # # #

BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today a federal grand jury returned an indictment charging Ernest Brown, a/k/a Wayne Perry, a/k/a Wayne Brown, 42, Buffalo, NY, and James Jackson, a/k/a Bookah 38, of Jamestown, NY, with narcotics conspiracy. Brown faces a mandatory minimum penalty of 15 years in prison and a maximum of life, while Jackson faces a mandatory minimum of 10 years in prison and a maximum of life.

Assistant U.S. Attorneys Joshua A. Violanti and Louis A. Testani, who are handling the case, stated that according to the indictment, between 2018, and May 26, 2022, Brown and Jackson conspired with Joseph S. Zaso and others, to sell fentanyl in the Buffalo and Jamestown areas. Joseph Zaso was previously charged and convicted and is awaiting sentencing.

Brown and Jackson were arraigned before U.S. District Judge Michael J. Roemer and detained.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.

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 Michael DiGiacomo announced today a federal grand jury returned an indictment charging Quentin L. Yancey a/k/ a Q, 38, of Rochester, NY, with narcotics conspiracy, which carries a mandatory minimum penalty of 10 years in prison and a maximum of life.

Assistant U.S. Attorneys Joshua A. Violanti and Louis A. Testani, who are handling the case, stated that according to the indictment, between 2018, and May 26, 2022, Yancey conspired with Joseph S. Zaso and others, to sell heroin and fentanyl in the Rochester area. Joseph Zaso was previously charged and convicted and is awaiting sentencing.

Yancey was arraigned before U.S. District Judge Michael J. Roemer and detained.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.

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.-Michael DiGiacomo was appointed as the U.S. Attorney for the Western District of New York by Attorney General Pamela Bondi on February 28, 2025. Mr. DiGiacomo was sworn in today, March 3, 2025, by U.S. District Judge Lawrence J. Vilardo. He will serve as the U.S. Attorney for 120 days or until a Presidential nominee has been confirmed by the United States Senate.

Mr. DiGiacomo has been an Assistant U.S. Attorney since 2002. He began in the Narcotics and Violent Crimes Division, where he prosecuted multi-defendant narcotics traffickers. Mr. DiGiacomo then moved to the White Collar and General Crimes Division, where he served as Chief for 10 years, supervising 12 attorneys and a deputy chief. Mr. DiGiacomo’s White Collar prosecutions included child exploitation, defense procurement fraud, intellectual property violations, health care fraud, international parental kidnapping and immigration offenses. In addition, Mr. DiGiacomo serves as the computer hacking and intellectual property coordinator for the Western District of New York.

Prior to joining the U.S. Attorney’s Office, Mr. DiGiacomo was an attorney in private practice in Buffalo, NY.

Mr. DiGiacomo stated, “Having served as an Assistant U.S. Attorney in this office for the past 23 years, I am both honored and humbled to be chosen to serve as United States Attorney.”

# # # #

BUFFALO, N.Y. –Acting U.S. Attorney Joel Louis Violanti announced today that Manuel Alejandro Estrada-Gonzalez, 31, of Mexico, and Juan Carlos Castro-Cidcas, 44, of El Salvador, were arrested and charged in separate complaints with illegal re-entry after deportation, which carries a maximum penalty of two years in prison.

Assistant U.S. Attorneys Aaron J. Mango and Charles M. Kruly, who are handling the cases, stated that according to the complaint against Manuel Alejandro Estrada-Gonzalez, on February 20, 2025, Estrada-Gonzalez was identified as a suspected illegal alien staying at the Buffalo Airport Inn in Cheektowaga, NY. U.S. Border Patrol Agents surveilled the area and located Estrada-Gonzales. He was arrested at the scene. A records check determined that Estrada-Gonzales was ordered removed by an immigration officer twice, once in January 2019,  and a second time in February 2019.

According to the complaint against Juan Carlos Castro-Cidcas, on February 11, 2025, U.S. Border Patrol Agents were conducting surveillance in Cheektowaga. A records check of a vehicle parked at the Hilton Garden Inn came back to an illegal alien from El Salvador, later identified as Castra-Cidcas. On February 12, 2025, agents returned to the area to conduct further surveillance and spotted him getting into the vehicle. Agents approached Castra-Cidcas but he refused to exit the vehicle. He did exit the vehicle after Cheektowaga Police were called, at which time he was taken into custody. A records check determined that Castra-Cidcas was previously removed from the country in August 2010, and November 2019.

Estrada-Gonzalez and Castro-Cidcas made initial appearances before U.S. Magistrate Judge Michael J. Roemer and were detained.

The complaint is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Martin B. Coombs, and the Cheektowaga Police Department, under the direction of Chief Brian Coons.

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. – Acting U.S. Attorney Joel Louis Violanti announced today that Kenneth Turner, 36, of Hornell, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five grams or more of methamphetamine, was sentenced to serve 96 months in prison.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Turner was arrested in December 2021, after law enforcement discovered a package sent from an address in Nevada to Turner’s residence in Hornell, contained approximately 111 grams of methamphetamine. During the execution of a search warrant at the residence, investigators recovered drug paraphernalia, as well as more methamphetamine.

Sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, the United States Postal Inspection Service, under the direction of Special Agent-in-Charge Ketty Larco Ward, and the Steuben County Sheriff’s Office, under the direction of Sheriff Jim Allard.

# # # #

BUFFALO, N.Y. - U.S. Attorney Joel Louis Violanti announced today that Rocco A. Beardsley, 39, of Jamestown, NY, who was convicted of narcotic conspiracy and distribution of fentanyl causing death, was sentenced to serve 300 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Joshua A. Violanti, Evan K. Glaberson, and Jeffrey E. Intravatola, who handled the case, stated that between late 2018 and March 2020, Beardsley conspired with seven others sell methamphetamine, fentanyl, and other controlled substances in the Jamestown area. On April 9, 2019, Beardsley sold acetyl fentanyl and fentanyl, which resulted in the death of an individual identified as J.A. After learning of J.A.’s death, Beardsley took steps to conceal his involvement in the drug overdose, including by directing others to destroy evidence from the death scene.

Beardsley bought and sold fentanyl, and methamphetamine for profit and for his own use, utilizing social media to conduct his drug trafficking activities. Beardsley also utilized residences on Sampson Street and Cowden Place in Jamestown for his drug trafficking activities. During the investigation, law enforcement conducted five controlled purchases from Beardsley. In addition, Beardsley and his co-conspirators also participated in a series of money transfers in furtherance of the narcotics conspiracy.

During the investigation, search warrants were executed at residences associated with the drug conspiracy, during which law enforcement seized approximately 100 grams of methamphetamine, 66 grams of fentanyl, 28 grams of cocaine, 4 grams of crack cocaine, a 12-gauge shotgun, and drug paraphernalia.

Beardsley was previously convicted in Federal Court in 2007 of conspiracy to distribute crack cocaine and sentenced to serve 57 months in prison. In 2017, he was convicted in New York State Court of Criminal Possession of a Controlled Substance, and Narcotic Drug Intent To Sell.

A total of seven defendants were charged and convicted in this case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarantino, III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, the New York State Police, under the direction of Major Amie P. Feroleto, and the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.

# # # # 

ROCHESTER, N.Y.-Acting U.S. Attorney Joel Louis Violanti announced today that Michael Grimm 45, of Spencerport, NY, who was convicted of wire fraud, was sentenced to serve 60 months in prison by U.S. District Court Judge Charles J. Siragusa. Grimm was also ordered to pay approximately $16,000 in restitution.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Grimm, and co-defendant Nickola Marie Ferra, engaged in an extensive pattern of conduct involving document fraud, wire fraud, bank fraud, retail theft, and identity theft. Part of the scheme involved Grimm and others obtaining merchandise by theft or fraud from local retailers, which was then returned in exchange for gift cards and store credit or sold to third parties.  In furtherance of the scheme, Grimm presented forged and/or stolen passports and other stolen identification information to merchants. Grimm also admitted his role in the theft of personal identifying information and credit information belonging to multiple individuals, which he and others used to make fraudulent purchases, including car and hotel rentals. The stolen identity information was also used in attempts to open credit cards and obtain loans. To date, at least 10 identity theft victims have been identified resulting in thousands of dollars in losses.   

Nickola Marie Ferra was previously convicted and sentenced to serve 27 months in prison.

The sentencing is the result of an investigation by the U.S. Department of State Diplomatic Security Service, under the direction of Special Agent-in-Charge Brian Wood, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan.

# # # #

BUFFALO, N.Y. –Acting U.S. Attorney Joel Louis Violanti announced today a federal grand jury returned an indictment charging Andres Pizzaro Campos a/k/a Kiki, 33, Max Pizzaro Campos, 34, Cindy Frank, 52, Edward Leeper a/k/a Edward Barnes. 46, and Jaquez L. Thomas a/k/a Quez, 21, all of Jamestown, NY, with narcotics conspiracy, which carries a mandatory minimum penalty of 10 years in prison and a maximum of life. In addition, Andres and Max Pizzaro Campos are also charged with possession of a firearm in furtherance of drug trafficking and maintaining a drug involved premises, which carries a mandatory minimum penalty of five years in prison, consecutive to any other penalty. Cindy Frank is also charged with obstruction of justice.

Assistant U.S. Attorneys Joshua A. Violanti and Louis A. Testani, who are handling the case, stated that according to the indictment, between 2018, and May 26, 2022, the defendants conspired with Joseph S. Zaso and others, to sell heroin and fentanyl in the Jamestown area. Andre and Max Pizarro Campos are accused of utilizing a Hazzard Street residence and possessing firearms to conduct their drug trafficking activities. In addition, on July 26, 2023, Cindy Frank allegedly falsely testified, concealing her knowledge of Joseph S. Zaso's drug trafficking activities.

Joseph Zaso was previously charged and convicted and is awaiting sentencing.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.

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. –Acting U.S. Attorney Joel L. Violanti announced today that Javier Antonio Cruz, 27, and Junior Eduardo Garcia Castro, 28, both citizens of Honduras, were arrested and charged in separate complaints with illegal re-entry after deportation, which carries a maximum penalty of two years in prison.

Assistant U.S. Attorneys David J. Rudroff and Andrew J. Henning, who are handling the case, stated that according to the complaint, on the evening of February 18, 2025, the North Tonawanda Police Department stopped a vehicle on Niagara Falls Boulevard for a traffic violation. Both defendants were passengers in the vehicle.

A records check determined that in 2020, defendant Cruz was convicted in Irving, Texas, of a felony charge of aggravated assault with a deadly weapon. Further investigation also determined that Cruz was ordered removed multiple times by an immigration judge, and deported in 2018 and 2024. A second records check determined that defendant Castro faces multiple charges for Driving Without a License in the state of Georgia. And further investigation determined that he also was ordered removed multiple times by an immigration judge and was also deported from the United States in 2018, and on two occasions in April 2022.

Cruz and Castro made initial appearances before U.S. Magistrate Judge Michael J. Roemer and were detained.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

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. –Acting U.S. Attorney Joel L. Violanti announced today that Ashley Jackson, 36, of Webster, NY, was arrested and charged by criminal complaint with health care fraud. The charge carries a maximum penalty of five years in prison and a $250,000.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, Jackson was the sole owner of Roc City Transport in Webster. Between February 2018, and November 2022, Jackson and others submitted fraudulent claims for payment to Medicaid, seeking reimbursement for non-emergency transportation they allegedly provided in connection with their transportation services. Jackson submitted reimbursement claims for Medicaid transportation trips that were not actually performed, individual rides were billed as group rides, and kickbacks were paid to recipients to drive themselves to an appointment rather than Roc City. Most of the Medicaid beneficiaries using Roc City were being transported to methadone clinics in Rochester, NY, up to six days a week. Roc City is accused of fraudulently billing Medicaid for approximately $40,123.29.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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. – Acting U.S. Attorney Joel L. Violanti announced today that Jermaine Fields, 38, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to arson, which carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on April 17, 2024, the Rochester Fire Department received an alarm call from the Abundance Co-Op Market on South Avenue in Rochester, for a fire in the men’s bathroom. When firefighters arrived, they entered the bathroom and smelled an odor of burning rubber, but there were no flames visible.  Firefighters did observe burned debris with burn patterns on the floor and on the wall behind the toilet.  Law enforcement reviewed security camera footage from the store, which depicted a person later identified as Fields, walking throughout the store and entering the men’s bathroom and then exiting. The store fire alarm activated seconds later. Fields was arrested several days later and charged with arson. Fields has also admitted to starting papers on fire in one of the stairwells at the Hall of Justice on Exchange Boulevard in Rochester on April 5, 2024. 

The plea is the result of an investigation by the Rochester Fire Department, under the direction of Chief Stefano Napolitano, the Rochester Police Department, under the direction of Chief David Smith, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division.

Sentencing is scheduled for June 16, 2025, at 9:30 a.m. before Judge Siragusa.

# # # #

BUFFALO, N.Y. – Acting U.S. Attorney Joel L. Violanti announced today that Munef Fadhel, 37, of Lackawanna, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to health care fraud, which carries a maximum penalty of 10 years, and a $250,000 fine.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that between June 2017, and December 2020, Fadhel defrauded the Medicaid program. Fadhel was an owner of Great Lake Transportation, Inc., a transportation company that provided rides to Medicaid beneficiaries. While working at Great Lake Transportation, he knowingly submitted multiple false and fraudulent records seeking transportation reimbursement for trips. Fadhel submitted claims for shared rides which he certified as individual rides in order to claim a higher reimbursement amount. This resulted in a loss to Medicaid in excess of $95,000.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris.

Sentencing is scheduled for August 19, 2025, at 10:00 a.m. before Judge Sinatra.

# # # #

BUFFALO, N.Y. –Acting U.S. Attorney Joel L. Violanti announced today that Kyle Lewis, 33, of Jamestown, NY, who was convicted of narcotics conspiracy, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that Lewis sold heroin and fentanyl, which he received from co-defendants Holly Berenguer, Richard Philbrick, and Joseph Zaso. He used electronic media to carry out his drug trafficking activities, including Facebook and CashApp. In March, June, and July of 2022, investigators conducted five controlled purchases of narcotics from Lewis.

Defendants Berenguer, Philbrick, and Zaso were previously convicted and are awaiting sentencing.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.

# # # #

BUFFALO, N.Y. – Acting U.S. Attorney Joel L. Violanti announced today that Western New York Medical P.C. has agreed to pay $251,477 to resolve False Claims Act allegations that it submitted false claims to federal health care programs related to billing for chronic care management services.

Assistant U.S. Attorney David M. Coriell, who handled the case, stated that WNY Medical is a health care provider with locations in Erie and Niagara Counties. The Government alleges that between January 1, 2020, and March 31, 2023, WNY Medical submitted claims to Medicare for Chronic Care Management encounters using current procedural terminology, which requires that clinical staff provide at least 20 minutes of services per month. However, for a portion of these encounters, WNY Medical failed to provide at least 20 minutes of clinical staff time during the month in which WNY Medical billed Medicare for the services.

“The financial integrity of the Medicare program depends on providers accurately and truthfully reporting the services that they are providing,” said Acting U.S. Attorney Violanti. “This office is committed protecting the integrity of the Medicare program by holding providers accountable when they seek payments for which they are not entitled.”

The resolution of this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of New York and the U.S. Department of Health and Human Services Office of Inspector General.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

# # # #

BUFFALO, N.Y. –Acting U.S. Attorney Joel L. Violanti announced today that  Michael W. Luehrsen, 41, of Miami, Florida, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to perjury, which carries a maximum penalty of five years in prison. As part of his plea, Luehrsen has agreed to pay approximately $2-million dollars in restitution and forfeit approximately $2-million dollars in assets, including investments and real estate proceeds.

Assistant U.S. Attorneys Charles M. Kruly and Grace Carducci, who is handling the case, stated that in February 2022, Luehrsen testified under oath in his previous jury trial before the United States District Court for the Western District of New York as follows:

Q. Mike, I want to start by talking about your dad. You told Mr. Kruly that on the days that those prescriptions were faxed you were not in town, is that what you said?

A. That’s correct.

Q. Can you tell the jury, where were you?

A. On June 27, 2014, I was actually in California visiting Cornerstone Pharmacy with two physicians. On July 11, of 2014, I was in Boston, Massachusetts.

Q. And how do you remember that?

A. I have photographs from my phone showing me in those particular cities.

Evidence from Luehrsen’s cellular telephone shows that the testimony quoted above was false. Photographs on the cell phone establish that he was, in fact, in Buffalo on July 11, 2014. In addition, telephone records and financial records established that Luehrsen was in Buffalo on that date. At the time of this testimony, Luehrsen was being tried for, among other crimes, conspiring to commit health care fraud. It was a matter material to the  trial whether or not Luehrsen was in Buffalo when an altered compound prescription form was faxed from his father’s home located in the Western District of New York.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for June 27, 2025, before Judge Vilardo.

# # # #

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross became the United States Attorney on October 11, 2021. Nominated by President Joseph R. Biden, Jr. on July 26, 2021, and unanimously confirmed by the Senate on September 30, 2021, she became the first black woman to hold the position in the Western District of New York.

“It has been the honor of a lifetime to serve in this position as the top law enforcement officer in the Western District of New York, my home, where I was born and raised and have spent the majority of my life.” U.S. Attorney Ross said. “And serving in this particular office was also special because I started my career as a federal prosecutor here, in 1995.”

As U.S. Attorney for the 17 counties in the Western District of New York, Ms. Ross’s accomplishments are wide ranging. Cases involving approximately 1178 defendants were resolved during her tenure, including several high-profile cases:

U.S. v. Robert Morgan

U.S. v. Joseph Bongiovanni

U.S. v. Peter Gerace

U.S. v. David Jakubonis

U.S. v. Abughanem

Ms. Ross also oversaw the filing of charges in multiple new cases, including addition high profile cases, of national and international interest, including:

U.S. v. Payton Gendron

U.S. v. Hadi Matar

U.S. v. Brandon Washington

Under Ms. Ross’s tenure, the violent crime rate decreased in several Western District of New York counties, including Erie and Monroe Counties, home to the Cities of Buffalo and Rochester.

In addition, approximately 120 appellate briefs were filed and 75 appellate oral arguments handled while Ms. Ross was U.S. Attorney, resulting in a near perfect rate of affirmations by the United States Court of Appeals for the Second Circuit, notably:

U.S. v. Richard Leon Wilbern

U.S. v. George Moses

In civil matters, between 2022 and January 2025, approximately $80,000,000 was collected in criminal, civil and forfeiture actions. That funding collected is given to victims of crime, and provided as aid to state and local law enforcement agency partners who worked with the United States Attorney’s Office on criminal cases. And Ms. Ross oversaw the largest settlement in the history of the District with a $98,000,000 settlement with Independent Health.

In March, 2022, Ms. Ross was one of the first 12, of 93, United States Attorney’s to be selected to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC), which she served on until her term ended after a year and a half. The AGAC advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Department policies. In addition, Ms. Ross was also selected as the Chairperson for the AGAC sub-committee on Law Enforcement Coordination, Victim Assistance and Community Relations (LEVC). In this role, Ms. Ross lead the sub-committee that advised the Attorney General on matters involving law enforcement, victim assistance, and community relations. In June, 2023, Ms. Ross hosted the LEVC meeting in Buffalo, bringing U.S. Attorneys from across the country to the Buffalo area for two days. The meeting included presentations and discussions on the May 14th tragedy, which included a visit to the Tops store on Jefferson Avenue, business, and community outreach efforts, as well as multiple presentations by law enforcement.

In June 2022, Ms. Ross arranged a visit by then Attorney General Merrick Garland, and other top DOJ and FBI officials, who came to Buffalo to meet with families and survivors of the Tops shooting and announce federal hate crime charges against defendant Payton Gendron.

Community outreach was a hallmark of Ms. Ross’s tenure as U.S. Attorney. She worked tirelessly to build better relationships between members of the community and law enforcement in both Buffalo and Rochester. Ms. Ross developed quarterly meetings with community leaders in both cities, establishing an ongoing dialogue and building trust. She also sought new and innovative ways to reach the community, including creating the first of its kind podcast in the U.S. Attorney’s community. “Feds Demystified” sought to pull back the curtain from federal law enforcement agencies to provide information about those agencies and educate the public. Ms. Ross also created a series of Public Service Announcements, sharing important messages on Human Trafficking, Black History, Women’s History, Juneteenth, Internet Safety, and Voting Rights. In addition, she empowered members of the U.S. Attorney’s Office to also get involved in the community by attending job and career fairs, speaking at local schools, and serving on the Erie County Overdose Prevention Task Force.

Throughout Ms. Ross’s time as U.S. Attorney, school districts, police departments, social service agencies, and local governments received approximately $55,000,000 in federal grant funding for youth and victim services, to battle human trafficking, and initiatives addressing law enforcement, the opiate epidemic, reentry and recidivism, among others.

As a result of her efforts, Ms. Ross was honored by multiple organizations for her work, including the New York State Bar Association, Erie County Bar Association, the New York State Bar Association, the Minority Bar Association of WNY, and the Women’s Bar Association. She was also named as a top leader in WNY in several publications, some multiple times, including Buffalo Business First’s Power 100 Business Leader of Color; Business First’s Power 200 Woman; the Rochester Business Journal and The Daily Record Power 50 Law list; City & State’s Power of Diversity: Black 100 list; and City & State’s Law Power 100 list and was selected as a Woman of Distinction by the New York State Senate.

Ms. Ross was also a much sought after speaker locally and across the country. She spoke at two United States Attorney’s Conferences; numerous law enforcement conferences; victims’ rights conferences; several legal and professional conferences; as well as at colleges, U.B Law School and many community events.

Ms. Ross wants the community and staff in her office to know that as United States Attorney she was completely dedicated to the WNY community and the staff in her office. “I came to make positive changes inside and outside of the office, and I believe I was successful. I always want to leave a place better than when I showed up, that was the goal. And I believe I have reached that goal.”

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BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Frank E. Noeson III, 47, of Holland, NY, who was convicted of receipt of child pornography, was sentenced to serve 120 months in prison and 30 years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Noeson, who was then a 5th grade teacher at a local elementary school, engaged in sexual communications with a minor female (Victim) using Snapchat. The Victim was 16 years old when the communications began. During the communications, Noeson persuaded the Victim to create sexually explicit images and videos and send them to him. Noeson also  engaged in sexual communications with another minor female victim, who was 15 years-old, using Snapchat. During these communications, the victim sent numerous images and videos of child pornography.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Buffalo Office Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the FBI Miami Field Office, and the Tonawanda Police Department, under the direction of Chief James Stauffiger.     

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ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Kelvin Hunt, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography, following a prior conviction, and possession of a firearm in furtherance of drug trafficking, which carry a mandatory minimum penalty of 25 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Nicholas M. Testani, who is handling the case, stated that in March 1995, Hunt was convicted in Monroe County Court of Sexual Abuse in the First Degree and sentenced to 2 to 6 years in prison. On February 2, 2024, he entered the home of a 14-year-old minor victim in Rochester, and forcibly raped her. Hunt then took the minor victim’s cell phone and took sexually explicit photos of her. After producing the pornographic images, Hunt forced the minor victim to another location, where he forcibly raped her again. On February 4, 2024, law enforcement located Hunt, took him into custody, and executed a search warrant on the hotel room he was staying in. Investigators seized a loaded semi-automatic handgun, and approximately 71 grams of heroin.

The plea is the culmination of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the United States Marshals Service, under the direction of Marshal Charles Salina.

Sentencing is scheduled for June 12, 2025, at 9:30 a.m. before Judge Siragusa.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Ryan M. Newman, 33, of Corning, NY, pleaded guilty to production of child pornography before U.S. District Judge Meredith A. Vacca. As a convicted sex offender at the time of his crimes, Newman faces an enhanced minimum penalty of 25 years in prison, of maximum penalty of 50 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Newman was convicted of child pornography crimes by New York State in 2012, sentenced to serve a local jail term and 10 years’ probation, and required to register as a Level 3 Sex Offender, which is someone considered to be at high risk of re-offending and a threat to public safety.

In January 2021, the National Center for Missing and Exploited Children (NCMEC) received a report from Snapchat that a user had uploaded a video of child pornography. NCMEC sent the tip to the New York State Police, who executed a search warrant on Newman’s person and residence in 2022. The search determined that Newman uploaded the child pornography video to Snapchat and possessed other child pornography on his electronic devices. Newman remained out of custody following the 2022 search warrant by the State Police. In April 2024, the FBI Corning received a tip that pornography involving a child in the Corning area, was distributed to an undercover agent in Illinois. Subsequent investigation determined that Newman sexually abused the child and produced the child pornography. Newman was taken into custody by the FBI and Corning Police.

Newman is also charged in Steuben County Court.

The plea is the result of an investigation by the Federal Bureau of Investigation, Corning Office, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Corning Police Department, under the direction of Chief Kenzie Spaulding.

Sentencing is scheduled for  June 11, 2025, at 10:00 a.m. before Judge Vacca.

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The Justice Department today announced its participation in a multinational operation involving actions in the United States, Romania, Australia, France, Germany, Spain, Italy, and Greece to disrupt and take down the infrastructure of the online cybercrime marketplaces known as Cracked and Nulled. The operation was announced in conjunction with Operation Talent, a multinational law enforcement operation supported by Europol to investigate Cracked and Nulled.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, U.S. Attorney Trini E. Ross for the Western District of New York, U.S. Attorney Jaime Esparza for the Western District of Texas, Assistant Director Brian A. Vorndran of the FBI’s Cyber Division, Special Agent in Charge Matthew Miraglia of the FBI Buffalo Field Office, and Special Agent in Charge Aaron Tapp for the FBI San Antonio Field Office made the announcement.

Cracked

According to seizure warrants unsealed today, the Cracked marketplace has been selling stolen login credentials, hacking tools, and servers for hosting malware and stolen data — as well as other tools for carrying out cybercrime and fraud — since March 2018. Cracked had over four million users, listed over 28 million posts advertising cybercrime tools and stolen information, generated approximately $4 million in revenue, and impacted at least 17 million victims from the United States. One product advertised on Cracked offered access to “billions of leaked websites” allowing users to search for stolen login credentials. This product was recently allegedly used to sextort and harass a woman in the Western District of New York. Specifically, a cybercriminal entered the victim’s username into the tool and obtained the victim’s credentials for an online account. Using the victim’s credentials, the subject then cyberstalked the victim and sent sexually demeaning and threatening messages to the victim. The seizure of these marketplaces is intended to disrupt this type of cybercrime and the proliferation of these tools in the cybercrime community.

The FBI, working in coordination with foreign law enforcement partners, identified a series of servers that hosted the Cracked marketplace infrastructure and eight domain names used to operate Cracked. They also identified servers and domain names for Cracked’s payment processor, Sellix, and the server and domain name for a related bulletproof hosting service. All of these servers and domain names have been seized pursuant to domestic and international legal process. Anyone visiting any of these seized domains will now see a seizure banner that notifies them that the domain has been seized by law enforcement authorities.

The FBI Buffalo Field Office is investigating the case.

Senior Counsel Thomas Dougherty of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Charles Kruly for the Western District of New York are prosecuting the case.

Nulled

The Justice Department announced the seizure of the Nulled website domain and unsealed charges against one of Nulled’s administrators, Lucas Sohn, 29, an Argentinian national residing in Spain. According to the unsealed complaint affidavit, the Nulled marketplace has been selling stolen login credentials, stolen identification documents, hacking tools, as well as other tools for carrying out cybercrime and fraud, since 2016. Nulled had over five million users, listed over 43 million posts advertising cybercrime tools and stolen information, and generated approximately $1 million in yearly revenue. One product advertised on Nulled purported to contain the names and social security numbers of 500,000 American citizens.

The FBI, working in coordination with foreign law enforcement partners, identified the servers that hosted the Nulled marketplace infrastructure, and the domain used to operate Nulled. The servers and domain have been seized pursuant to domestic and international legal process. Anyone visiting the Nulled domain will now see a seizure banner that notifies them that the domain has been seized by law enforcement authorities.

According to the complaint, Sohn was an active administrator of Nulled and performed escrow functions on the website. Nulled’s customers would use Sohn’s services to complete transactions involving stolen credentials and other information. For his actions, Sohn has been charged with conspiracy to traffic in passwords and similar information through which computers may be accessed without authorization; conspiracy to solicit another person for the purpose of offering an access device or selling information regarding an access device; and conspiracy to possess, transfer, or use a means of identification of another person with the intent to commit or to aid and abet or in connection with any unlawful activity that is a violation of federal law.

If convicted, Sohn faces a maximum penalty of five years in prison for conspiracy to traffic in passwords, 10 years in prison for access device fraud, and 15 years in prison for identity fraud.

The FBI Austin Cyber Task Force is investigating the case. The Task Force participants include the Naval Criminal Investigative Service, IRS Criminal Investigation, Defense Criminal Investigative Service, and the Department of the Army Criminal Investigation Division, among other agencies.

Assistant U.S. Attorneys G. Karthik Srinivasan and Christopher Mangels for the Western District of Texas are prosecuting the case, with Assistant U.S. Attorney Mark Tindall for the Western District of Texas handling the forfeiture component.

The Justice Department worked in close cooperation with investigators and prosecutors from several jurisdictions on the takedown of both the Cracked and Nulled marketplaces, including the Australian Federal Police, Europol, France’s Anti-Cybercrime Office (Office Anti-cybercriminalité) and Cyber Division of the Paris Prosecution Office, Germany’s Federal Criminal Police Office (Bundeskriminalamt) and Prosecutor General’s Office Frankfurt am Main – Cyber Crime Center (Generalstaatsanwaltschaft Frankfurt am Main – ZIT), the Spanish National Police (Policía Nacional) and Guardia Civil, the Hellenic Police (Ελληνική Αστυνομία), Italy’s Polizia di Stato and the General Inspectorate of Romanian Police (Inspectoratul General al Poliției Romane). The Justice Department’s Office of International Affairs provided significant assistance.

A complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Pharmaceutical company Pfizer Inc. (Pfizer), on behalf of its wholly-owned subsidiary Biohaven Pharmaceutical Holding Company Ltd. (Biohaven), has agreed to pay $59,746,277 to resolve allegations that, prior to Pfizer’s acquisition of the company, Biohaven knowingly caused the submission of false claims to Medicare and other federal health care programs by paying kickbacks to health care providers to induce prescriptions of Biohaven’s drug Nurtec ODT.

“Patients deserve to know that their doctor is prescribing medications based on their doctor’s medical judgment, and not as a result of financial incentives from pharmaceutical companies,” said U.S. Attorney Trini E. Ross for the Western District of New York. “This settlement reflects our commitment to hold those who violate the laws accountable, regardless of their status or prestige.”

“Through this settlement and others, the government has demonstrated its commitment to ensuring that drug companies do not use kickbacks to influence physician prescribing,” said Brett A. Shumate the Acting Assistant Attorney General from the Justice Department’s Civil Division. “The department will use every tool at its disposal to prevent pharmaceutical manufacturers from undermining the objectivity of treatment decisions by health care providers.”

The anti kickback statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal health care programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.

The settlement announced today resolves allegations that from March 1, 2020 through September 30, 2022, Biohaven paid improper remuneration, including in the form of speaker honoraria and meals at high end restaurants, to health care professionals to induce them to prescribe the migraine medication Nurtec ODT in violation of the anti-kickback statute. The United States alleged that Biohaven selected certain health care providers to be part of the Nurtec speaker bureau and provided them paid speaking opportunities with the intent that the speaker honoraria and meals would induce them to prescribe Nurtec ODT. The government further alleged that certain prescribers who attended multiple programs on the same topic received no educational benefit from attending repeat programs and that certain Biohaven speaker programs were attended by individuals with no educational need to attend, such as the speakers’ spouses, family members, or friends, or colleagues from the speakers’ own medical practice. The United States contends that this conduct persisted until October 2022, when Pfizer acquired Biohaven and terminated the Nurtec speaker programs.   

“Violations of the anti-kickback statute, such as those alleged in this settlement, can unduly influence prescribers and negatively impact taxpayer-funded health care,” said Deputy Inspector General Christian J. Schrank of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to collaborate with law enforcement partners to ensure that providers and corporations are held accountable if they attempt to bypass laws meant to protect the integrity of federal health care programs.”

“Investigating schemes that undermine the integrity of TRICARE, the health care system for military members and their families, is a top priority for the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our partner agencies and the Department of Justice to pursue corporations that attempt to corrupt the TRICARE system.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Patrica Frattasio, a former sales representative at Biohaven. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Patricia Frattasio v. Biohaven Pharmaceutical Holding Company Ltd., No. 6:21-CV-06539 (W.D.N.Y.). Approximately $50.2 million of the settlement constitutes the federal portion of the recovery and approximately $9.5 million constitutes a recovery for State Medicaid programs. Ms. Frattasio will receive approximately $8.4 million as her share of the federal recovery in this case.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch Fraud Section, and the U.S. Attorney’s Office for the Western District of New York.

Trial Attorney Jessica Sarkis of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York handled the matter.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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Note: View the settlement here.

Pharmaceutical company Pfizer Inc. (Pfizer), on behalf of its wholly-owned subsidiary Biohaven Pharmaceutical Holding Company Ltd. (Biohaven), has agreed to pay $59,746,277 to resolve allegations that, prior to Pfizer’s acquisition of the company, Biohaven knowingly caused the submission of false claims to Medicare and other federal health care programs by paying kickbacks to health care providers to induce prescriptions of Biohaven’s drug Nurtec ODT.

“Through this settlement and others, the government has demonstrated its commitment to ensuring that drug companies do not use kickbacks to influence physician prescribing,” said Acting Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The department will use every tool at its disposal to prevent pharmaceutical manufacturers from undermining the objectivity of treatment decisions by health care providers.”

The anti‑kickback statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal health care programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.

The settlement announced today resolves allegations that from March 1, 2020, through Sept. 30, 2022, Biohaven paid improper remuneration, including in the form of speaker honoraria and meals at high end restaurants, to health care professionals to induce them to prescribe the migraine medication Nurtec ODT in violation of the anti-kickback statute. The United States alleged that Biohaven selected certain health care providers to be part of the Nurtec speaker bureau and provided them paid speaking opportunities with the intent that the speaker honoraria and meals would induce them to prescribe Nurtec ODT. The government further alleged that certain prescribers who attended multiple programs on the same topic received no educational benefit from attending repeat programs and that certain Biohaven speaker programs were attended by individuals with no educational need to attend, such as the speakers’ spouses, family members, or friends, or colleagues from the speakers’ own medical practice. The United States contends that this conduct persisted until October 2022, when Pfizer acquired Biohaven and terminated the Nurtec speaker programs.    

“Patients deserve to know that their doctor is prescribing medications based on their doctor’s medical judgment, and not as a result of financial incentives from pharmaceutical companies,” said U.S. Attorney Trini E. Ross for the Western District of New York. “This settlement reflects our commitment to hold those who violate the laws accountable, regardless of their status or prestige.”

“Violations of the anti-kickback statute, such as those alleged in this settlement, can unduly influence prescribers and negatively impact taxpayer-funded health care,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to collaborate with law enforcement partners to ensure that providers and corporations are held accountable if they attempt to bypass laws meant to protect the integrity of federal health care programs.”

“Investigating schemes that undermine the integrity of TRICARE, the health care system for military members and their families, is a top priority for the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our partner agencies and the Department of Justice to pursue corporations that attempt to corrupt the TRICARE system.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Patrica Frattasio, a former sales representative at Biohaven. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Patricia Frattasio v. Biohaven Pharmaceutical Holding Company Ltd., No. 6:21-CV-06539 (W.D.N.Y.). Approximately $50.2 million of the settlement constitutes the federal portion of the recovery and approximately $9.5 million constitutes a recovery for State Medicaid programs. Ms. Frattasio will receive approximately $8.4 million as her share of the federal recovery in this case.   

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch Fraud Section, and the U.S. Attorney’s Office for the Western District of New York.

Trial Attorney Jessica Sarkis of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York handled the matter.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only and there has been no determination of liability.

BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Jeffrey Paden, 58, of Kennedy, NY, who was convicted of possession of child pornography following a prior conviction, was sentenced to serve 120 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in June 2015, Paden was convicted on a federal charge of possession of child pornography and sentenced to serve 57 months in prison and five years’ supervised release. On August 29, 2023, the New York State Police executed a search warrant at Paden’s residence based on information from the National Center for Missing and Exploited Children (NCMEC). Several electronic devices were seized, including a thumb drive and a laptop computer. Approximately 83 images of child pornography were stored on the thumb drive and approximately 468 images on the laptop computer. Some of the images depicted prepubescent minors, and violence against children.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Police, under the direction of Major Amie P. Feroleto, and the National Center for Missing and Exploited Children.
 

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jevon Flynn, 30, of Niagara Falls, NY, who was convicted of possession with intent to distribute methamphetamine, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that on March 26, 2024, investigators executed a search warrant at a residence in Niagara Falls, during which they located Flynn in a bedroom, with his hands near a clothing hamper. A backpack and a pair of pants were found in the clothing hamper. A plastic bag containing suspected methamphetamine was found in the backpack, while two plastic baggies were found in the pants, one contained suspected fentanyl, and the other contained blue-colored pressed pills. Investigators also seized another quantity of suspected methamphetamine and eight grams of suspected crack cocaine.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Walter H. Bennett, 34, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, 10 grams or more of a fentanyl analogue, and 500 grams or more of cocaine, and possession of firearms in furtherance of a drug trafficking crime, was sentenced to serve 192 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Bennett,  a two-time convicted felon, was a leader of a drug trafficking organization that distributed significant quantities of fentanyl, para-fluorofentanyl (a lethal fentanyl analogue), and cocaine in the Rochester, and Augusta, Maine, areas. Bennett and his co-conspirators operated a drug house on Woodward Street in Rochester, where they sold these drugs. They also stored controlled substances, firearms, magazines, and ammunition, at houses on Argo Park and Clairmount Street. During the investigation, law enforcement recovered approximately 158 grams of fentanyl, 11 grams of para-fluorofentanyl, and 580 grams of cocaine, along with more than $20,000 in drug proceeds, six firearms, including two stolen firearms and a defaced handgun, hundreds of rounds of ammunition, and seven magazines.

Co-defendants Tyrik Edwards, Ray C. Mack, Jr., and Steven Jackson were previously convicted and were sentenced to serve 160 months, 135 months, and 48 months in prison respectively. 

The sentencing is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Rochester Police Department and the Greater Rochester Area Narcotics Enforcement Team, under the direction of Chief David M. Smith.

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