Western District of New York

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Houssam El-Atat, 44, of Montreal, Canada, was extradited from Spain and made an initial appearance today on a criminal complaint charging him with conspiracy to engage in international money laundering, which carries a maximum penalty of 20 years in prison and a $500,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, in February 2021, an individual in Buffalo, NY, (Victim 1) and a marine sales company (Vendor 1) engaged in email communication regarding the purchase of a boat. These communications included specifications, pricing, and payment. In March 2021, Victim 1 received an email from the person he believed to be Vendor 1 with wiring instructions for payment. Victim 1 arranged for the full amount ($295,373.75) to be wired to Vendor 1’s company through a Bank of America account. Victim 1 subsequently learned that Vendor 1 had not received the $295,373.75 and that the wiring instructions provided to him for payment were fraudulent. After reviewing the email correspondence between himself and Vendor 1, Victim 1 realized his email account had been compromised.

Subsequent investigation by the FBI determined that the Bank of America account where $295,373.75 was deposited was owned by an individual named A.Z., who was unaware that the funds he received from Victim 1 were the result of fraudulent activity. A.Z. stated to the FBI that he received the funds from an individual who claimed that he owed A.Z.’s recently deceased father $100,000 and was resolving the debt. Then, at the request of the individual, A.Z. sent $180,200.00 of the funds to an account at La Caisse Centrale Desjardins Bank in Canada. Bank records indicate that the funds were then rapidly disbursed to a number of apparent shell companies before being distributed to El-Atat.

El-Atat made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on September 13, 2024. Today’s initial appearance follows the successful extradition of El-Atat from Spain. The Justice Department’s Office of International Affairs worked with Spanish authorities to secure his arrest and extradition.

The complaint is the result of of an investigation by the Federal Bureau of Investigation, under the supervision of Special Agent-in-Charge Matthew Miraglia. Additional assistance was provided by the Sûreté du Québec Provincial Police.

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 Trini E. Ross announced today that Wasseem Ramjaun, 48, of Vaughan, Ontario, pleaded guilty to before Senior U.S. District Judge William M. Skretny to trafficking in counterfeit goods, which carries a maximum penalty of 10 years in prison and a $2,000,000 fine.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that Ramjaun operated various importing and exporting businesses in Canada. From approximately October 2016 to August 1, 2017, Ramjaun agreed to provide an individual with authentic Yeti, Vera Bradley, and Lacoste merchandise. However, Ramjaun was not authorized to use the trademarks of these companies. As a result, in January 2017, Ramjaun contacted a manufacturer in China and ordered bags that appeared identical to genuine Vera Bradley bags. To make sure the bags appeared authentic, Ramjaun provided the manufacturer with photographs and tags of authentic Vera Bradley bags. 

Between June 1 and June 8, 2017, Ramjaun imported the counterfeit Vera Bradley bags into the United States through a port of entry in Western District of New York. To conceal the fact the bags were fraudulent, Ramjaun provided United States Customs and Border Protection with a fraudulent manufacturing agreement. $4,216,025 is the total loss associated with Ramjaun’s conduct.

The plea is the result of of an investigation by the United States Homeland Security Investigations, under the supervision of Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for December 11, 2024, at 10:00 a.m. before Judge Skretny.

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BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Ronald Rowles, 37, of Niagara Falls, NY, who was convicted of distribution of cocaine, was sentenced to serve 33 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Joshua A. Violanti and Jeffrey E. Intravatola, who handled the case, stated that between December 2016, and June 13, 2019, Rowles sold cocaine in and around Lewiston, NY. In January 2019, law enforcement executed a search warrant at his residence, seizing approximately 59 grams of cocaine and drug paraphernalia. On June 13, 2019, while on federal pre-trial release, Rowles sold approximately an ounce of cocaine to an individual working with law enforcement.

The sentencing is the culmination of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Curtis Snyder, 51, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine, which carries a maximum penalty of 20 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorneys Joshua A. Violanti and Jeffrey E. Intravatola, who are handling the case, stated that Snyder was an associate and co-conspirator of Rocco Beardsley, who sold large quantities of heroin, fentanyl, methamphetamine, and other controlled substances in the Jamestown area. On April 9, 2019, an individual identified as J.A. was discovered deceased from an apparent overdose at a residence in Jamestown and Beardsley was believed to be involved in the overdose. About a month after J.A.’s overdose death, Beardsley sent Snyder to the residence of another individual to force this individual to make a video regarding Beardsley’s lack of involvement with J.A.’s overdose death. In exchange, Snyder would receive a “bundle” of heroin/fentanyl. The individual complied and made the video, stating that Beardsley was not present at J.A. residence the date of J.A.’s overdose death. 

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 Jamestown Police 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.

Sentencing is scheduled for January, 9, 2025, before Judge Vilardo.

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BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Walter Stewart, 33, of Buffalo, NY, was arrested and charged by criminal complaint with escape from custody, which carries a maximum penalty of five years in prison.

Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that on September 15, 2022, Stewart was sentenced to serve 58 months in prison after being convicted of being a felon in possession of a firearm and ammunition. On May 20, 2024, the Bureau of Prisons furlough transferred Stewart from the Ray Brook Federal Correctional Institution, in Ray Brook, New York, to a community-based placement at CRJ Lighthouse Residential Reentry Center in Buffalo, where he was directed to serve the remainder of his sentence with a projected release date of August 10, 2024. On June 26, 2024, the U.S. Marshals Service was notified by the Bureau of Prisons that Stewart left the center without authorization. Stewart was taken into custody on August 30, 2024.

The complaint is the culmination of an investigation by the U.S. Marshals Service, under the direction of Marshal Charles Salina.

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 Trini E. Ross announced today that Adrian D. Applewhite a/k/a Boons, 37, of Buffalo, NY, who was convicted of aggravated bank robbery, brandishing a firearm in furtherance of a crime of violence, and violating supervised release, was sentenced to serve 229 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that Applewhite participated in the robbery of three credit unions:

• On the morning of October 26, 2017, Applewhite and two other associates robbed the Lakeshore Federal Credit Union on Erie Road in Evans, NY. Applewhite planned the robbery and provided instructions and a firearm to a co-defendant to assist in the robbery.
• On July 25, 2019, two co-defendants entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna, NY, while Applewhite, the getaway driver, sat in a car nearby. The two co-defendants sprayed the bank tellers with pepper spray, and went to an unlocked safe, stealing $290,500 in United States currency. Applewhite took a share of the proceeds for his role. 
• On November 7, 2019, two co-defendants, armed with a pistol and donning masks and gloves, entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, NY, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. A total of $148,793.90 in United States currency was taken. Applewhite took a share of the proceeds for his role.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Stanley Edwards; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Gregory J Szarowicz; and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger. Additional assistance was provided by the Erie County District Attorney’s Office.

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ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Raekwon Green a/k/a Bundy a/k/a Bundles, 28, of Rochester, NY, who was convicted of Hobbs Act Conspiracy and Attempted Hobbs Act Robbery, was sentenced to serve 14 years in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between February 2020 and April 1, 2020, Green conspired with Robert Forbes, Jr., and others, to commit four home invasion robberies in Rochester and Greece, NY. During some of the home invasions, individuals were restrained, pistol-whipped, and/or suffered injuries, while the defendants took controlled substances and U.S. currency from the homes.

Robert Forbes, Jr. was previously convicted and sentenced to serve 19 years in prison.

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

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Preston Herbst, 28, of Canandaigua, NY, who was convicted of transferring obscene matter, was sentenced to serve 60 months in prison by U.S. District Judge Frank P. Geraci. The sentence will be served following completion of a 36-month sentence previously imposed by Judge Geraci.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in July 2023, Herbst was sentenced to serve 36 months in prison after being convicted on a federal charge of possession of child pornography. Herbst was allowed to self-surrender to the Bureau of Prisons and was scheduled to begin his sentence on October 12, 2023. Prior to self-surrendering, on September 3, 2023, the National Center for Missing and Exploited Children received information from Snap Inc., that a user had uploaded child pornography to the Snapchat platform. Subsequent investigation traced the user back to Herbst’s residence. In October and November 2023, search warrants were executed on Herbst’s Snapchat account and at his residence. The search of the Snapchat account determined that Herbst used the account to trade child pornography in September 2023, after he had been sentenced, but before self-surrendering to the Bureau of Prisons. Herbst was under the supervision of United States Probation when the uploads took place and had been using a prohibited device in violation of his release conditions. 

The sentencing is the result of an investigation by 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 Trini E. Ross announced today the launch of “Feds Demystified,” a monthly podcast produced by the U.S. Attorney’s Office in the Western District of New York.    

U.S. Attorney Ross stated, “The purpose of the podcast is to help the public better understand just how the federal justice system works and the differences between the federal and state justice systems.” “In addition, it’s important to provide transparency about the federal justice system and federal law enforcement agencies.”

Episode 1 of “Feds Demystified” pulls back the curtain and introduces the public to the U.S. Attorney’s Office and how it operates. Future episodes of the monthly podcast will feature guests from investigative law enforcement agencies and the community.

You can access “Feds Demystified” at https://www.justice.gov/usao-wdny or https://www.youtube.com/watch?v=Ga6OxUcP80E&t=6s.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Andrew Yannello, 28, of Tonawanda, NY, was arrested and charged by criminal complaint with distribution of child pornography, which carries a mandatory minimum penalty of 15 years in prison, and a maximum of 40 years.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on April 14, 2024, the National Center for Missing and Exploited Children sent three  cybertips to the New York State Police involving suspected child pornography that were reported by Facebook. Subsequent investigation traced the suspected child pornography to an IP address belonging to Yannello. On August 23, 2024, a search warrant was executed at Yannello’s residence. In 2014, Yannello was arrested and convicted on state charges of Sexual Abuse in the 1st Degree, Unlawful Imprisonment 1st Degree, Forcible Touching, and Criminal Obstruction of Breathing/Blood Circulation. In November 2017, Yannello violated probation, was sentenced to jail, and released in March 2019.

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 Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the New York State Police, under the direction of Major Stanley Edwards.  

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 Trini E. Ross announced today that Cameron Gelsomino, 22, of Burt, NY, was arrested and charged by criminal complaint with possession of child pornography involving a prepubescent minor after a prior conviction related to possession of child pornography, which carries a minimum penalty of 10 years in prison and a maximum penalty of 20 years.  

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, in October 2023, Gelsomino was sentenced to serve 30 days of incarceration and 10 years’ probation after being convicted of Possessing Obscene Sexual Performance by a Child in Niagara County Court. Gelsomino was also designated as a level two sex offender and subjected to the New York State Sex Offender Registry. On May 9, 2024, Niagara County Probation Officers conducted a routine visit at Gelsomino’s residence, during which they found him to be in possession of a cell phone, which he did not have approval to possess. A preliminary review of the phone showed that Gelsomino was active on social media, including asking a fellow Discord user, “Do you have any CP links?” Gelsomino and the other user went on to discuss ages and the cost to purchase child pornography. Further review of the phone recovered approximately 56 image files and two video files of child pornography.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Niagara County Probation Department, under the direction of Director Deborah M LaRock.   

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 Trini E. Ross announced today that four Niagara Falls men were arrested and charged in separate criminal complaints for their roles in a drug trafficking ring operating in Niagara Falls, NY.   

• Paul Fields, 39, and Edward Rollie, 49, are charged with possession with intent to distribute 500 grams or more of cocaine and possession of a firearm in furtherance of a drug trafficking crime, which carry a minimum penalty of five years in prison, a maximum of life, and a $5,000,000 fine.
• Rashawn Salmon, 39, is charged with possession with intent to distribute 400 grams or more of fentanyl, which carries a minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
• Jermaine McQueen, 46, is charged with possession with intent to distribute 400 grams or more of fentanyl and possession of a firearm in furtherance of a drug trafficking crime, which carry a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaints, on August 28, 2024, search warrants were executed at multiple residences associated with all four defendants. During the searches, law enforcement recovered 1.5 kilograms of fentanyl, over a kilogram of cocaine, three firearms, and $25,000 in U.S. currency.

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 complaints are 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 Stanley Edwards, and the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia.

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 Trini E. Ross announced today that Nathan L. Rogers, 40, of East Aurora, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 84 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that in July 2019, at Darien Lake Park in Genesee County, NY, Rogers, a church youth pastor, set up iPhones in his camper to surreptitiously record, for the purposes of his own sexual gratification, nude images of a minor victim. Shortly after setting up the phones, Rogers invited the minor victim to change out of her bathing suit in his camper. She agreed and, as she changed, the iPhones recorded nude images. After changing, the minor victim noticed the phones recording her, she attempted to delete the videos, and then reported the incident to authorities. Responding law enforcement officers detained and questioned Rogers. Subsequently, nude images of the minor victim were located on the phones.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr.  

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Bashir Kasozi, 41, of Ontario, Canada, was arrested and charged by criminal complaint with importation of morphine and possession with intent to distribute a morphine, which carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney P. Richard Antoine, who is handling the case, stated that according to the complaint, on the evening of August 23, 2024, Customs and Border Protection officers at the Lewiston Bridge Port of Entry encountered a commercial truck with Ontario plates being driven by Kasozi. During the outbound inspection, Kasozi told a CBP Officer that he was in the United States for three days, coming from Massachusetts with a load of paper. Asked if he had anything to declare, to include prescription or nonprescription narcotics, currency over $10,000, weapons of any kind, or if anyone else was in the vehicle with him, Kasozi stated no. Kasozi was then referred for secondary inspection. A scan of the truck detected an anomaly in the nose of the trailer by the front wall. A subsequent search of that area revealed a skid of 62 brown taped packages.   One of the boxes was searched and found to contain a smaller gold box with a glass vial inside. The glass vials were found to contain morphine.

Kasozi made an initial appearance before U.S. Magistrate Judge Michael J. Romer and was held pending a detention hearing on September 4, 2024.

The criminal complaint is the 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 Matthew Scarpino.

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 Trini E. Ross announced today that Hector Anaya, 51, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute fentanyl, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that in April 2024, Buffalo Police detectives received information that Anaya was in possession of a large quantity of narcotics. Detectives surveilled Anaya’s residence and observed him making three hand-to-hand transactions of suspected heroin and cocaine during controlled purchases. On April 25, 2024, a search warrant was executed at his residence during which investigators seized a firearm, ammunition, and a quantity of suspected fentanyl. Anaya was arrested at the scene.

The plea 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 Joseph Gramaglia.   

Sentencing is scheduled for January 3, 2025, before Judge Sinatra.     

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Terell Gwyn, 30, of Buffalo, NY, was arrested and charged by criminal complaint with distribution of methamphetamine, which carries a maximum penalty of 20 years in prison.  

Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that according to the complaint, in June 2024, Homeland Security Investigations and Amherst Police began investigating Gwyn for his involvement in narcotics trafficking. In July 2024, investigators conducted three controlled purchases of cocaine and methamphetamine from Gwyn. On August 15, 2024, a search warrant was executed at a Koons Avenue residence and on a vehicle associated with Gwyn. During the search, law enforcement recovered a rifle, magazine, ammunition, drug paraphernalia, pills, powder, and two cell phones. 

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Amherst Police Department, under the direction of Chief Scott Chamberlin.   

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 Trini E. Ross announced today that a federal grand jury has indicted Matthew A. Steele, 53, of Elma, NY, on charges of production, distribution, and possession of child pornography, which carry a mandatory minimum penalty of 15 years in prison and a maximum penalty of 30 years.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, on more than one occasion between July 2008 and July 2012, Steele coerced a minor victim to engage in sexually explicit conduct for the purpose of producing a visual depiction. Steele then distributed some of the images that were produced. In addition, Steele possessed images of a prepubescent minor on a hard drive.

Steele was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Great Falls, Montana Police Department, under the direction of Chief Jeff Newton.   

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 Trini E. Ross announced today that Christian Arroyo Collazo, 28, of New Castle, PA, who was convicted of conspiracy to traffic in firearms, was sentenced to serve 36 months in prison by U.S. District Judge John L. Sinatra, Jr. 

Assistant U.S. Attorneys Joshua A. Violanti and Jeffrey E. Intravatola, who handled the case, stated that between July 2022, and March 2023, Collazo transported, or attempted to transport, firearms to the Jamestown, NY, area. These firearms included pistols, AR-style rifles, handguns, revolvers, and high-capacity magazines. Collazo trafficked a total of approximately 40 firearms. Collazo utilized social media to conduct firearm related conversations and effectuate his firearms trafficking activities. During these conversations, Collazo would send photos of firearms to potential buyers. 

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.

This case is being prosecuted under the new criminal provisions of the Bipartisan Safer Communities Act, which Congress enacted, and the President signed in June 2022.  The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, III, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Bryan Miller, Special Agent-in-Charge, New York Field Division, the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson, and the Erie, PA, Police Department, under the direction of Chief Daniel Spizarny Sr.

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BUFFALO, NEW YORK – U.S. Attorney Trini E. Ross announced today that Dexter Prescription Center a/k/a Dexter Pharmacy, has agreed to pay the United States $141,727 to resolve allegations that it violated the record keeping provisions of the Controlled Substances Act (CSA), and overcharged federal health care programs. 

Assistant U.S. Attorney David M. Coriell, who handled the case, stated that the CSA requires entities that dispense controlled substances to maintain certain records and to conduct periodic inventories to prevent against diversion of controlled substances. An inspection by the U.S. Drug Enforcement Administration revealed that between January 1, 2018, and February 1, 2021, Dexter Pharmacy failed to maintain accurate records relating to its purchases and sales for certain controlled substances. Dexter Pharmacy also billed federal healthcare programs for medications, including controlled substances, that were never dispensed by Dexter Pharmacy. 

“My office is committed to stopping the potential abuse of prescription drugs in our community,” said U.S. Attorney Trini E. Ross. “The requirement that pharmacies maintain accurate books and records is critical in preventing the diversion of prescription drugs, and we will continue to work with our law enforcement partners to ensure that pharmacies take their obligations to safeguard prescription drugs seriously.”

“Pharmacies are not exempt from their regulatory responsibilities especially when dealing with controlled substances and the dangerous effects they have when misused,” stated DEA Special Agent-in-Charge Frank Tarentino. “This settlement reflects DEA’s commitment to making sure measures are in place to safeguard the community and hold DEA registrants accountable. I commend our Diversion Investigators for bringing this matter to a resolution.”

This case was investigated by DEA Buffalo District Office’s Diversion Group and Tactical Diversion Squad; the U.S. Department of Health and Human Services, Office of Inspector General; and the United States Attorney’s Office.

This civil settlement agreement is not an admission of any liability by Dexter Pharmacy, nor a concession by the United States that its claims were not well-founded.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Gregory Hay, a/k/a Gunner, a/k/a Franklin Gambino, a/k/a Reggie, 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to narcotics conspiracy, possession of firearms in furtherance of drug trafficking, and discharge of firearm causing death in furtherance of crimes of violence and a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.  

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between early 2016, and August 28, 2019, Hay conspired with co-defendant Alphonso Payne and others, to sell cocaine, crack cocaine, marijuana, and heroin. The conspiracy began with Hay selling drugs in the Salamanca, NY, area, before moving his operation to the Olean area, where he used co-defendant Alphonso Payne to assist him with selling drugs. In April 2017, Hay’s vehicle was stopped by Buffalo Police and in May 2017 his vehicle was stopped by Salamanca Police. Buffalo officers seized marijuana, cocaine, crack cocaine, and heroin, while Salamanca officers seized a quantity of marijuana and a digital scale. In May 2019, investigators executed a search warrant at Hay’s residence, seizing two firearms, several magazines, ammunition, a digital scale, cash, and several cell phones. Hay used social media to display himself with firearms, letting others know that he could protect himself, his drugs, and his money. The conspiracy continued to operate until Hay was arrested in July 2019.

Following his arrest, Hay believed that an individual named Joshua Jalovick provided information to law enforcement that led to the search of his residence and subsequent arrest. As a result, Hay, Alphonso Payne, and another co-conspirator wanted Jalovick dead. On July 1, 2019, Hay and Payne lured Jalovick to a residence on Freund Avenue, where Payne fired approximately 11 rounds of ammunition toward Jalovick, striking him several times. Hay initially ran down the driveway, but then ran back toward Jalovick, stood over his body, and shot Jalovick five times. According to the Erie County Medical Examiner Report, Joshua Jalovick died from more than 15 gunshot wounds. Afterwards, Hay disposed of the murder weapons and his cell phone.

Charges remain pending against Alphonso Payne.

The plea 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, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia. Additional assistance was provided by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.

Sentencing is scheduled for December 10, 2024, at 11:30 a.m. before Judge Arcara.  

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Darin L. Butts, Jr., 31, of Celeron, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute 50 grams or more of methamphetamine, which carries a mandatory minimum penalty of 10 years, a maximum of life and a 10,000,000 fine.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that in July and August 2023, investigators conducted seven controlled purchases of methamphetamine and fentanyl from Butts. On August 23, 2023, search warrants were executed at Butts’ residence and his two vehicles. Law enforcement seized approximately 610 grams of methamphetamine, some of it packaged in smaller, individual-sized quantities, drug paraphernalia, and approximately $14,829.00 in cash, which represented proceeds of his methamphetamine trafficking. On May 3, 2024, law enforcement executed another search warrant at Butts’ residence, seizing multiple quantities of suspected methamphetamine and fentanyl, and drug paraphernalia.

The plea 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, the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr., and the Dunkirk Police Department, under the direction of Chief David C. Ortolano.

Sentencing will be scheduled at a later date.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Edwin Santana-Cosme, 56, and Arieana Garcia Del Gado, 37, both of Buffalo, NY, were arrested and charged in by criminal complaint with possession with intent to distribute fentanyl, which carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the criminal complaint, on August 17, 2024, the New York State Police conducted a traffic stop of a vehicle being driven by defendant Santana Cosme, with defendant  Del Gado in the passenger seat. Santana Cosme hesitated to pull over, while Del Gado appeared to turn around to move an unknown object behind the driver’s seat.  After eventually stopping, the defendants provided conflicting stories regarding their travel. A K9 dog was brought in and alerted to the presence of narcotics in two boxes located behind the driver seat. The boxes were searched and found to contain two vacuum-sealed packages of suspected fentanyl. Both Santana Cosme and Del Gado were arrested and taken into custody.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, and the New York State Police, under the direction of Major Stanley Edwards, III.

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 Trini E. Ross announced today that Cross Malik Williams, 25, of Cheektowaga, NY, who was convicted of conspiracy to commit bank fraud, was sentenced to serve 12 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that between August 2022, and July 2023, Williams, along with co-defendant Kingsley Brown, purchased approximately 570 stolen bank cards from various online marketplaces. Williams and Brown then used a card-making device to load the stolen banking card information onto blank plastic bank cards with magnetic strips, which allowed purchases to be made using the victims’ funds from the victims’ bank accounts. Williams and Brown used, or allowed others to use, the stolen bank card information to purchase gas for other individuals. The gas customers would then pay Williams and/or Brown an amount of money less than the cost of the gas. Williams agreed that he was responsible for between $250,000 and $550,000 of total loss.

Kingsley Brown was previously convicted and is awaiting sentencing.

The sentencing is the result of an investigation by 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 Trini E. Ross announced today that Raekwon Gordon, 25, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute fentanyl, possession of a firearm in furtherance of drug trafficking activities, and being a felon in possession of a gun. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Stacey Jacovetti, who is handling the case, stated that according to the complaint, on April 5, 2024, Buffalo Police attempted to conduct a traffic stop of a vehicle traveling at a high rate of speed on Bailey Avenue. The vehicle did not comply and fled. Throughout the pursuit, the vehicle was driven in a reckless manner, passing vehicles and ignoring traffic lights, and at a high rate of speed. Officers managed to follow the vehicle until it parked in the driveway of Roslyn Street residence. Officers discovered a loaded firearm in the front yard of the house next door, which they believe was likely thrown from the front passenger side of the vehicle. A second loaded machine gun was recovered on the sidewalk down the street.

Gordon and two other individuals were taken into custody at the scene. Officers recovered 336 fentanyl pills from the vehicle and $5,526 in cash from Gordon. Subsequent investigation determined that Gordon’s DNA was present on the machinegun. In 2018 and 2022, Gordon was convicted of felony charges and is legally prohibited from possessing a firearm.    

Gordon made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing.

The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan miller, 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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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Isolino S. Presutti, Jr., 36, of Greece, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography involving prepubescent minors, which carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Nicholas M. Testani and Meghan K. McGuire, who are handling the case, stated that in March, 2023, Presutti possessed three desktop and two laptop computers, which contained approximately 5690 images and 28 videos of child pornography. Some of the images and videos depicted prepubescent children engaged in sexually explicit conduct and violence against children.

The plea is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for December 12, 2024, at 9:15 a.m. before Judge Siragusa.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that James Civiletti, 33, of Rochester, NY, who was convicted of conspiracy to transmit wagering information in interstate commerce and conduct an illegal gambling business, was sentenced to serve one year probation by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Meghan K. McGuire and Melissa M. Marangola, who handled the case, stated that between April 25, 2019, and April 17, 2021, Civiletti conspired with Louis Ferrari, II, Dominic Sprague, Anthony Amato, Tomasso Sessa, Joseph Lombardo, Jeffrey Boscarino, and others, to finance, manage, and own all or part of an illegal bookmaking business, which had a gross daily revenue of approximately $2,000.00. Ferrari, Sprague, Boscarino, and Lombardo collected gambling winnings from individual bettors and paid gambling losses to individual bettors in cash and through online payment applications, including CashApp, PayPal, Venmo, and Zelle. After Sprague, Boscarino, and Lombardo collected gambling winnings from individual bettors, they kept a portion of those winnings and paid the remainder to Ferrari. Civiletti and Sessa also collected gambling winnings from and paid gambling losses to individual bettors in cash and through online payment applications, including CashApp, PayPal, Venmo, and Zelle. After Civiletti and Sessa collected gambling winnings from individual bettors, they paid the winnings to Sprague and Ferrari.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso, the New York State Police, under the direction of Major Miklos Szoczei II, the Greece Police Department, under the direction of Chief Michael Wood, and the Rochester Police Department, under the direction of Chief David Smith. Additional assistance was provided by the Monroe County District Attorney’s Office.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Dustin McCarthy, Sr., 43, and his son, Dayzon McCarthy, 21, both of Niagara Falls, NY, were arrested and charged in separate criminal complaints with firearms trafficking, which carries a maximum penalty of 15 years in prison. In addition, Dayzon McCarthy is also charged with illegal transfer of a machine gun, which carries a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that according to the criminal complaints, between June 20 and August 12, 2024, the ATF and Niagara County Sheriff’s Office conducted four controlled purchases of firearms from Dayzon McCarthy, including a Glock .22 caliber pistol, a Beretta, a Davis Industries .380 caliber pistol and a “Ghost Gun” that included a 3D printed back plate auto sear, also known as a machinegun conversion device, attached to the firearm. 

On July 23, 2024, investigators made a controlled purchase of a 9mm pistol from Dustin McCarthy. He has two previous felony convictions and is currently on pre-trial supervision related to federal narcotics trafficking charges. 

The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and were held pending a detention hearing on August 21, 2024. 

The complaints are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti, and the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari.

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 Trini E. Ross announced today that Duane Lowery, 29, of Jamestown, NY, was arrested and charged by criminal complaint with possession with intent to distribute fentanyl, and distribution of fentanyl. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Donna M. Duncan and Joshua A. Violanti, who are handling the case, stated that according to the complaint, Lowery was identified by investigators as a fentanyl and cocaine trafficker in and around Jamestown, NY. In November and December 2022, law enforcement conducted controlled purchases of fentanyl from Lowery. On December 7, 2022, a search warrant was executed at Lowery’s Jamestown residence, during which law enforcement recovered suspected fentanyl and methamphetamine, drug paraphernalia, and $1,140 in cash.

Lowery made an appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on August 19, 2024.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Jamestown Police Department, under the direction of Chief Timothy Jackson, 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 Trini E. Ross announced today that Sean Braven, 37, of Buffalo, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography, which carry a mandatory minimum penalty of five years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on July 26 and August 17, 2018, an undercover law enforcement officer identified an IP address that had made available suspected child pornography on a peer-to-peer file sharing network. The officer downloaded eight files which constitute child pornography. Subsequent investigation determined that the IP address belonged to Braven. In October 2018, a search warrant was executed at Braven’s residence, during which investigators seized several items, including a computer. A forensic review of the computer recovered more than 420 image files and 540 video files containing child pornography, some of which included depictions of violence against children.

Braven made an appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

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 Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the U.S. Marshals Service Fugitive Task Force, under the direction of Marshal Charles Salina.

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 Trini E. Ross announced today that Robert Green, 34, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute a methamphetamine and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Donna M. Duncan, who is handling the case, stated that according to the complaint, on January 23, 2024, Green was observed by law enforcement in a rental vehicle on Central Avenue in Salamanca, NY, engaged in what appeared to be drug distribution. Deputies from the Cattaraugus County Sheriff’s Office witnessed Green commit multiple traffic infractions and initiated a traffic stop, and as they approached, they observed Green with glassy and bloodshot eyes. There was also a strong odor of burnt marijuana emanating from the vehicle. After deputies conducted standardized field sobriety tests, Green ran on foot, but was taken into custody a few blocks away. During a search of the area where Green ran, deputies recovered a bag full of several smaller bags of suspected methamphetamine, crack cocaine, fentanyl, and hydrocodone.

On April 5, 2024, Cheektowaga Police responded to a call for service at a Kensington Avenue apartment building. Inside one apartment, they recovered five loaded handguns and a rifle, as well as evidence indicative of a narcotics processing and packaging operation. Detectives seized numerous bags of narcotics packaged in varying weights, including suspected methamphetamine, cocaine, and crack cocaine. Green’s DNA was found on at least one of the firearms. In 2007 and 2015, Green was convicted of felonies in Erie County Court and is legally prohibited from possessing a firearm.

Green made an appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on August 20, 2024.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb, 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.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Kingsley Brown, 22, of North Tonawanda, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to commit bank fraud, which carries a maximum penalty of 30 years in prison.  

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that between August 2022, and July 2023, Brown, along with co-defendant Cross Malik Williams, purchased approximately 570 stolen bank cards from various online marketplaces. Williams and Brown then used a card-making device to load the stolen banking card information onto blank plastic bank cards with magnetic strips, which allowed purchases to be made using the victims’ funds from the victims’ bank accounts. Williams and Brown used, or allowed others to use, the stolen bank card information to purchase gas for other individuals. The gas customers would then pay Williams and/or Brown an amount of money less than the cost of the gas. As part of his plea agreement, Brown agreed that he was responsible for $192,673 of total loss.

Cross Malik Williams was previously convicted and is awaiting sentencing.

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 December 11, 2024, before Judge Sinatra.

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Lily A. Brandow, 23, of Falconer, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography, which carries a maximum penalty of 10 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in June 2021, Brandow sold a video to two different Snapchat users for $20 showing her, co-defendant Yusef Myrick and a 16-year-old minor female engaged in sexual relations. In addition, while Myrick was in custody in connection with this case, he instructed Brandow to “get rid of” a cell phone, which both Myrick and Brandow knew contained child pornography. At Myrick’s instruction, Brandow also logged into and deleted Myrick’s Snapchat and Google accounts, rendering them inaccessible to law enforcement. When Brandow was arrested in January 2022, the cell phone was found in her purse. A subsequent search of phone recovered an image and three videos of child pornography.

Charges are pending against Yusef Myrick.

The plea is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; the Jamestown Police Department, under the direction of Chief Timothy Jackson; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for February 6, 2025, at 10:00 a.m. before Judge Sinatra.

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Joseph A. Buelow, 29, of West Seneca, NY, was arrested and charged by criminal complaint with possession of child pornography, which carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on February 7, 2024, the West Seneca Police Department was advised by members of the Finger Lakes Pred Catchers that they had information regarding Buelow contacting underage minors. Pred Catchers is a group of volunteers who work to expose online child predators. The operator of Pred Catchers, Dakota Liddiard, stated that Buelow reached out to him on the dating application Meet24, believing that he was communicating with a 13-year-old girl named “Amanda.” Liddiard said that Buelow began communicating in sexual terms almost immediately and made plans to meet “Amanda.” However, Buelow never showed up at the meeting location. In addition to “Amanda,” Buelow also reached out to “Caitlyn” on Meet24, an alleged 14-year-old girl, who was actually another member of the Pred Catchers. These conversations were also sexual in nature and Buelow requested to meet with “Caitlyn” on two occasions but did not show up either time.

On April 18, 2024, West Seneca Police reached out to the FBI, providing the images of conversations between Fred Catchers and Buelow. During some of these conversations, Buelow sent nude pictures of himself and attempted to get the minors to send nude images of herself. During the execution of a search warrant on Buelow’s cell phone, investigators recovered multiple communications between Buelow and individuals he believed were minors. They also recovered sexually explicit images of child pornography. Investigators have identified at least one minor victim that Buelow allegedly sexually abused.

Buelow made an appearance before U.S. Magistrate Judge Michael J. Roemer and was detained.

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 West Seneca Police Department, under the direction of Chief Brian Cosgrove and the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.

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 Trini E. Ross announced today that Wendy Stone, 63, of Rochester, NY, was arrested and charged by criminal complaint with theft of government funds, aggravated identity theft, and making a false statement to obtain social security benefits. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Nicholas A. Testani, who is handling the case, stated that according to the complaint, Stone’s boyfriend, Kenneth Crisman, died on December 28, 2022. Stone lived with Crisman, who received Social Security benefits prior to his death. However, Stone failed to notify anyone of Crisman’s death, instead, moving his body to the basement of their residence and continuing to collect his benefits. Stone wrapped Crisman’s body, and placed it into a plastic recycling bin, periodically pouring bleach on his body to prevent foul odor.

Prior to his death, Crisman requested a replacement debit card for his benefits. On January 6, 2023, the card was successfully activated with a new PIN number. The next day, the first debits to Crisman’s new card began. The card was depleted by January 15, 2023, with charges at The Peppermill Restaurant, Walmart, BJs Wholesalers, The Home Depot, Staples, as well as ATM withdrawals. The card was also used to open a Rent-A-Center account on March 7, 2023, for a $1,815.05 purchase. Between January and September 2023, $7,902.00 of benefits intended for Crisman were deposited into his account and depleted by Stone. On January 3, 2024, the Social Security Administration conducted a redetermination for continuing eligibility for Stone’s benefits, who falsely reported that since December 2021, no one has moved into or out of her residence, to include births or deaths, and that nobody helped pay her bills or rent since December 2021. The use of Crisman’s benefits rendered Stone ineligible for her own benefits from December 28, 2022, through September 2023.

The complaint is the result of an investigation by the Social Security Administration Office of Inspector General, under the direction of Acting Special Agent-in-Charge Bradley Parker and the Rochester Police Department, under the direction of Chief David Smith.

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 Trini E. Ross announced today that Odilio A. Gonzalez, 29, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to receipt of child pornography, which carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between July 8 and August 2020, Gonzalez engaged in sexual communications with an 11-year-old minor female (Victim) using Instagram. During these communications, Gonzalez persuaded the Victim to create sexually explicit images and videos of herself and send them to him. Gonzalez also received child pornography using the internet, which he saved on his cellular telephone, and in social media accounts. In total, 30 images and 89 videos of child pornography were recovered. Some of the images and videos contained depictions of violence against children.

The plea is the result of an investigation the Tonawanda Police Department, under the direction of Chief James Stauffiger.

Sentencing is scheduled for November 15, 2024, at 11:00 a.m. before Judge Arcara.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Louis P. Ferrari, II, 42, and Dominic Sprague, 40, both of Rochester, NY, who were convicted of conspiracy to transmit wagering information in interstate commerce and conduct an illegal gambling business, were sentenced to serve three years’ probation, to include 10 months home detention, by Chief U.S. District Judge Elizabeth A. Wolford. In addition, Ferrari forfeited $150,000 and Sprague forfeited approximately $92,000 from their gambling proceeds.

Assistant U.S. Attorneys Meghan K. McGuire and Melissa M. Marangola, who handled the case, stated that between April 25, 2019, and April 17, 2021, Ferrari and Sprague conspired with Anthony Amato, Tomasso Sessa, Joseph Lombardo, Jeffrey Boscarino, James Civiletti, and others, to finance, manage, and own all or part of an illegal bookmaking business, which had a gross daily revenue of approximately $2,000.00. In furtherance of the conspiracy, Ferrari, and co-defendant Amato, created accounts for Sprague, Boscarino, and Lombardo on “sport700.com”, a website for placing and tracking bets on sports events. Sprague, Boscarino, and Lombardo would call and text Ferrari to place, edit, and remove bets on sporting events for individual bettors on sport700.com. Ferrari also called and texted messages to Amato asking him to create accounts, change passwords, and place, edit, and remove bets for Sprague, Boscarino, Lombardo, and individual bettors on sport700.com.

Ferrari, Sprague, and Lombardo collected money owed by individual bettors and money owed to individual bettors in cash and through online payment applications, including CashApp, PayPal, Venmo, and Zelle. After Sprague and Lombardo collected from individual bettors, they kept a portion and paid the remainder to Ferrari. Sessa and Civiletti also collected from individual bettors in cash and through online payment applications, and then paid Sprague and Ferrari.

The sentencings are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso, the New York State Police, under the direction of Major Miklos Szoczei II, the Greece Police Department, under the direction of Chief Michael Wood, and the Rochester Police Department, under the direction of Chief David Smith. Additional assistance was provided by the Monroe County District Attorney’s Office.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael E. Swain, 36, of Tonawanda, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to production of child pornography, 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 October 20 and November 1, 2021, Swain coerced five minor victims to engage in sexually explicit conduct for the purpose of producing visual depictions. Specifically, Swain communicated with a 15-year-old minor female who resided in Colorado using Discord, a social media platform. The communications included sexually graphic conversations, during which Swain requested that the minor female take sexually explicit videos and images and send them to him. In addition, Swain engaged in numerous sexual communications with the minor female from approximately 2019 to 2022, during which other sexually explicit images and videos were sent to Swain. On February 28, 2023, the FBI executed a search warrant at Swain’s residence and seized a desktop computer tower, a laptop computer, and an external hard drive, all of which were found to contain child pornography.

The plea is the result of an investigation by the Tonawanda Police Department, under the direction of Chief James Stauffiger, the Federal Bureau of Investigation Buffalo Office Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of Stanley Edwards III.     

Sentencing is scheduled for December 4, 2024, at 2:00 p.m. before Judge Vilardo.

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ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Jeffrey Tome, 62, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to filing a false tax return, which carries a maximum penalty of three years in prison and a fine of $250,000.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that Tome owns Tome Enterprises Inc., which provides gutter repair and installation services in Rochester. For the tax years 2017 through 2021, Tome failed to deposit approximately 1,679 customer checks totaling $1,719,283.45 into Tome Enterprises Inc.’s business bank account, instead, cashing the checks at a local check cashing business. Tome then intentionally failed to advise the business’s tax return preparer of the money that was received from cashing the business checks, resulting in the $1,719,283.45 not being reported on the business’s corporate income tax returns. In addition, Tome failed to include the net profits from the corporation as income on his personal federal income tax returns, which resulted in Tome failing to pay personal income taxes totaling $330,137. Also, Tome paid his employees $407,573.60 in cash, which represented wages for which payroll taxes should have been paid. The payroll taxes that Tome failed to pay totaled $62,358.76.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso.

Sentencing is scheduled for December 11, 2024, at 2:00 p.m. before Judge Geraci.

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BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Levester Rose, 46, of Niagara Falls, NY, was arrested and charged by criminal complaint with possession with intent to distribute 40 grams or more of fentanyl, which carries a minimum penalty of five years in prison and a maximum of 40 years.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, during an ongoing narcotics trafficking investigation in Niagara Falls, Rose was identified as an individual engaged in narcotics trafficking. Rose has a history of narcotics trafficking, with drug convictions in 1995, 2014, and 2020. On July 31, 2024, investigators executed a search warrant at a 26th Street residence in Niagara Falls, a premises known to be utilized by Rose. During the search, law enforcement recovered packages of suspected fentanyl.

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 North Tonawanda Police Department, under the direction of Chief Keith Glass, the  Niagara Falls Police Department, under the direction of Superintendent Nick Ligammari, and the Niagara County Sheriff’s Office, under the direction of Sheriff Michal Filicetti.  

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, NY – U.S. Attorney Trini E. Ross announced today that the U.S. Attorney’s Office has reached a settlement with Community Bank, N.A. (CBNA) to resolve two allegations that customers at CBNA’s Orchard Park, NY, branch location were denied American Sign Language interpreters for complex banking services, in violation of the Americans with Disabilities Act (ADA).

The complainants, who are deaf and use ASL as a primary means of communication, were both customers at CBNA in connection with residential real estate purchases. Each complainant separately requested an ASL interpreter to assist with the closing of their transaction. The first request was made in January 2021; the second request was made in October 2023. In response to the January 2021 request, CBNA offered to pay one-half of the cost for an ASL interpreter. In response to the October 2023 request, CBNA refused to pay any of the cost for an ASL interpreter. Both complainants, who obtained interpreter services without assistance from CBNA, were frustrated and stressed by the efforts to obtain communication access in ASL.

Under the settlement, CBNA will not discriminate against or deny services to any individual on the basis of disability, including individuals who are deaf or hard of hearing. CBNA has also agreed to develop and prominently post an ADA Effective Communications Policy at each branch location and on its website so that it can be easily read by members of the public. CBNA will also train all customer-facing employees on the Effective Communications Policy and pay each complainant $1,000 as compensation for harm.

CBNA also agreed that: CBNA will not retaliate against any person involved in this matter; CBNA will furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities; CBNA will provide timely responses to requests for auxiliary aids and services; and CBNA will not require an individual with a disability to bring another individual to interpret for him or her.

The Department of Justice’s enforcement efforts under the ADA seek equal opportunity and dignity in all aspects of life, including access to effective communications for people with disabilities. 

Individuals who believe they may have been victims of discrimination may contact the U.S. Attorney’s Office at  (716) 843-5700 or file a complaint with the Department of Justice Civil Rights Division at: https://civilrights.justice.gov/report/. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).

The government is represented by Assistant U.S. Attorney James E. B. Bobseine, Civil Rights Coordinator in the U.S. Attorney’s Office in Buffalo, New York.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Scott Millar 55, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to serve 138 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated in July 2023, Millar was under the supervision of the United States Probation Department based on a 2009 conviction for possessing child pornography. A condition of his supervision was that he was not allowed to commit another criminal offense. A probationary search of Millar’s telephone revealed images and videos of child pornography. 

The sentencing is the result of an investigation by the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia and the United States Probation Office, under the direction of Chief Probation Officer Timothy Englert.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a three-count indictment charging Robert L. Robinson with possession with intent to distribute cocaine,  possession with intent to distribute cocaine, possession of firearms in furtherance of drug trafficking, and being a felon in possession of firearms. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 7, 2024, law enforcement executed a search warrant at Robinson’s Buffalo residence. During the search, investigators recovered quantities of suspected cocaine and marijuana, $35,869.00 in cash, two firearms, ammunition, and drug paraphernalia. One of the firearms was reported as a duty weapon stolen from a member of the Miami Dade Police Department on July 18, 2019. After the execution of the search warrant, Robinson was taken into custody.

Robinson was previously convicted of felony crimes in 2003 and 2011 and is legally prohibited from possessing firearms.

The indictment 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, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia. 

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 Trini E. Ross announced today that John Stuart, 35, of Cheektowaga, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possession of child pornography involving a prepubescent minor, which carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that in August 2019, the FBI received a lead indicating that in May 2019, an online user accessed child sexual abuse and exploitation material via a website on the Tor network. Subsequent investigation traced the IP address to Stuart. In October 2020, a search warrant was executed at Stuart’s residence, during which law enforcement seized multiple electronic devices, including two laptop computers, a cell phone, a hard drive, and a desktop computer tower. A forensic review recovered approximately 8,000 videos and approximately 2,000 images of child pornography on one of the laptops, and approximately 150 images and one video of child pornography on the second laptop. Approximately 90 images and 150 videos of child pornography were recovered from the cell phone and approximately 90 images and two videos on the hard drive. Some of the images included depictions of violence against children.

Stuart also admitted during his plea that during the execution of the search warrant, law enforcement recovered live marijuana plants, more than a pound of dried marijuana ready for consumption, and that he was a chronic user of marijuana. Stuart was also found to be in possession of three firearms. Because he was a user of controlled substances, Stuart was legally prohibited from owning or possessing firearms.

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, and the Cheektowaga Police Department, under the direction of Chief Brian Coons. 

Sentencing will be scheduled at a later date.    

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BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that John R. Bollinger, 24, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute, and distribution of, 50 grams or more of methamphetamine, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.

Assistant U.S. Attorney Pierre Richard Antoine, who is handling the case, stated that in April 2023, law enforcement began investigating the drug trafficking activities of Bollinger, who was suspected of manufacturing and selling quantities of counterfeit Adderall containing methamphetamine in the Buffalo area. Between June 13 and July 16, 2023, investigators made four controlled purchases of counterfeit Adderall pills containing methamphetamine.

The plea sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, and the New York State Police, under the direction of Major Stanley Edwards, III.  

Sentencing is scheduled for December 3, 2024, at 10:00 a.m. before Judge Sinatra.

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BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Mario Pittman Jr., 30, of Buffalo, NY, with possession with intent to distribute methamphetamine, which carries a maximum penalty of life in prison.

Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that according to the indictment and a previously filed complaint, since March 2024, the FBI Safe Streets Task Force and the Lackawanna Police Department have been investigating Pittman’s drug trafficking activities. The investigation included multiple controlled purchases of methamphetamine from Pittman. The investigation also determined that Pittman has two prior violent felony convictions.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Lackawanna Police Department, under the direction of Chief Mark Packard, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia.

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 Trini E. Ross announced today that Maureen Holleran, 61, of Buffalo, pleaded guilty before U.S. District Judge Richard J. Arcara to filing a false tax return, which carries a maximum penalty of three years in prison and a  fine of $250,000.

Assistant U.S. Attorney Douglas A.C. Penrose, who is handling the case, stated that between September 2015 and October 2023, Holleran worked remotely as a worker’s compensation claims handler for Insurance Company 1, which is headquartered in Canada. In this role, Holleran evaluated and, if appropriate, paid workers compensation claims for policies issued by Insurance Company 1. If a claim was determined to be eligible, Holleran had authority to send payment to the claimant. She had the authority to send payments of up to $2,000 without further approval by her supervisor. Between July 2020 and June 2023, Holleran submitted more than 1,200 fraudulent claims in Insurance Company 1’s claim processing system, with each claim below the $2,000 threshold. Claims were then paid into bank accounts controlled by Holleran.

Holleran created fictious expenses, such as claims for lost wages and reimbursements for medical supplies and copays, to justify the fraudulent payments. In total, she submitted approximately $2,370,848.24 in fraudulent claims. To carry out the scheme, she created fictitious email accounts that superficially appeared to be associated with the policy claimant. Holleran then used these email addresses to sign up for Insurance Company 1’s client portal. She would then input her own banking information into the portal. For the tax years 2020 through 2022, Holleran embezzled approximately $1,592,095 from Insurance Company 1 that she did not report on her income tax returns for those years. The Internal Revenue Service estimates tax due and owing for these tax years is $545,792.

The plea sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso.  

Sentencing is scheduled for November 4, 2024, at 12:30 p.m. before Judge Arcara.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jevon Flynn, 30, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession with intent to distribute methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000.

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, the other contained blue-colored pressed pills. Investigators also seized another quantity of suspected methamphetamine and eight grams of suspected crack cocaine.

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

Sentencing is scheduled for December 3, 2024, before Judge Vilardo.  

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BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that James White, 32, of Lockport, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and butyryl fentanyl, was sentenced to serve 84 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Jeffrey E. Intravatola, who handled the case, stated that between March 2017, and March 2019, White conspired with Bruno Haney, II, and others, to sell heroin and butyryl fentanyl. On March 24, 2017, White sold heroin that he received from Bruno to an individual identified as W.S. Later that same day, W.S. was found dead after ingesting the heroin purchased from White. Text messages between White and W.S. on the evening of March 24, 2017, were recovered from W.S.’s cell phone. In the text messages, W.S. requested a “half bun” (5 doses) of heroin from White.

The sentencing is the result of an investigation by the  Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti, the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Christopher Bourke, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarentino, New York Field Division, and the Lockport Police Department, under the direction of Chief Steven Abbott. Additional assistance was provided by the Niagara County and Orleans County District Attorneys’ Offices.  

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Steven Gonzalez a/k/a Steven Hernandez, a/k/a Steve, a/k/a Stevie, a/k/a Unc, 48, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to sex trafficking by coercion, which carries a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorneys Joel L. Violanti and Caitlin M. Higgins, who are handling the case, stated that between 2012 and March 2015, Gonzalez coerced a minor, identified as A.N., to engage in commercial sex acts. Gonzalez provided A.N. with cocaine in exchange for sex knowing that A.N. was physically addicted to cocaine. Gonzalez used A.N.’s addiction to cocaine and other drugs to keep A.N. dependent on himself and to coerce A.N. to engage in commercial sex acts with him directly.

In addition, between 2012 and 2013, Gonzalez coerced another minor identified as  B.E. to engage in commercial sex acts. Gonzalez provided B.E. with heroin in exchange for sex, knowing that B.E. was physically addicted to heroin. Gonzalez used B.E.’s addiction to keep B.E. dependent on himself and to coerce B.E. to engage in commercial sex acts with him directly.

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 November 26, 2024, before Judge Sinatra.  

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BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Jeffrey Paden, 57, of Kennedy, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to possession of child pornography following a prior conviction, which carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling 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 plea 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 Stanley Edwards III, and the National Center for Missing and Exploited Children.

Sentencing is scheduled for November 13, 2024, at 2:00 p.m. before Judge Wolford.

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