Western District of New York

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Lay Wah, 24, a Burmese citizen living in Buffalo, NY, who was convicted of possession with intent to distribute 40 grams or more of fentanyl, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 120 months in prison by U.S. District Richard J. Arcara.

Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that on March 13, 2023, the ATF and Buffalo Police executed a search warrant at Wah’s Newfield Street residence. As SWAT officers made entry into the apartment, they also formed a perimeter around the exterior of the residence. Simultaneous with Wah fleeing into the rear of the apartment, an officer outside observed an object being thrown out of a rear bedroom window. Investigators recovered a semi-automatic handgun from the rear yard next door. Attached to the handgun was an extended magazine loaded with 31 rounds of ammunition and a machinegun conversion device. Inside the apartment, investigators recovered approximately 888 blue pills, three cellular telephones, ammunition, narcotics packaging materials and $4,540 in cash.

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 Commission Joseph Gramaglia.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that David Lettieri, 36, of Harpursville, NY, who was convicted by a federal jury of enticement of a minor, was sentenced to serve 240 months by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Paul E. Bonanno and Maeve E. Huggins, who handled the prosecution of the case, stated that in October 2020, Lettieri traveled from Broome County to meet a 13-year-old girl (victim) in a park in Wyoming County with the intent of having sexual intercourse, however sexual contact did not occur. Subsequent investigation recovered communications between Lettieri and the victim, including photos of the victim on Lettieri’s phone. Investigators also searched Lettieri’s Facebook account and recovered conversations between Lettieri, the Victim, and the Victim’s sister, which were sexual in nature. The Victim’s age was also revealed during the conversations.

The sentencing is the result of an investigation by the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that that Randall Seeley, Jr., 46, of Lyons, NY, who was convicted of receipt of child pornography, was sentenced to serve 180 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in July 2023, the New York State Police received a report that Seeley had been involved in sexually explicit online communications with a 13 to 14-year-old minor. During an investigation, Seeley admitted knowing the minor and engaging in sexual communications, during which he solicited and received explicit images and videos of the minor. A review of the minor’s social media accounts revealed the sexually explicit communications with Seeley, going back as far as July 2022. A search warrant was executed at Seeley’s residence, during which his electronic devices were seized. A preliminary forensic analysis of the devices uncovered hundreds of images and videos of child pornography depicting the known minor and other, unknown minors. 

The sentencing is the result of an investigation by the New York State Police, Lyons, under the direction of Major Miklos Szoczei II, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Doud, 42, of Jamestown, NY, who was convicted of possession with intent distribute five grams or more of methamphetamine, was sentenced to time served (56 months) by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between February and May 2019, investigators made four controlled purchases of methamphetamine from Doud. Three of the for purchases were conducted at Doud’s Jamestown residence.

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 Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, 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 A. Tarentino III, New York Field Division.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jacob Komenda, 27, of Jamestown, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine, was sentenced to serve 72 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that on April 27, 2019, members of the Jamestown Metro Drug Task Force executed a search warrant at Komenda’s residence in Jamestown. Officers recovered methamphetamine and other drug paraphernalia throughout the residence, as well as a 12-gauge shotgun and a stun gun. On September 5, 2019, investigators executed a second search warrant at Komenda’s residence. Komenda had $3,182 in cash in his shorts pocket, which was proceeds of his drug trafficking activities. Investigators also recovered methamphetamine and various drug paraphernalia from the residence.

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 Tarantino, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.   

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Luis Martinez, 52, a/k/a Noel a/k/a Noelly, of Jamestown, 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 318 months in prsion by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Evan K. Glaberson and Michael J. Adler, who handled the case, stated that in May and June of 2020, Martinez conspired with others to sell methamphetamine. On June 5, 2020, investigators executed a search warrant at a  Water Street residence, recovering approximately 20 grams of cocaine, a loaded Glock, $3,534 in cash, 14 individually wrapped plastic bags containing a total of approximately 363 grams of methamphetamine, a kilo press, two digital scales, a number of cell phones and tablets, additional smaller bags of cocaine and methamphetamine, and other drug paraphernalia. On June 10, 2020, investigators received information that Martinez had an outstanding parole warrant issued against him, at which time he was located in a vehicle on Price Street and taken into in custody. Law enforcement also recovered another  $37,670 in cash behind a residence.  

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 Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, 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 New York State Police, under the direction of Major Stanley Edwards, III.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Tomas Rosario, 75, of Rochester, NY, pleaded guilty to attempting to receive child pornography, before U.S. District Judge Frank P. Geraci. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Rosario was a school bus driver in Monroe County. On March 11, 2022, without any other adults or children present, Rosario transported a 13-year-old (victim) to school. During the ride, Rosario allowed the victim to sit in the front seat and proceeded to engage her in personal and sexually explicit conversation, including asking the victim if she had ever engaged in sexual conduct with her boyfriend. At the end of the day, Rosario picked the victim up from school, and again allowed her to sit in the front seat. Rosario continued to engage in sexually explicit conversation with the victim, and ultimately subjected her to instances of sexual contact. In addition, Rosario gave the victim his phone number, showed the victim his home, and encouraged the victim to call and visit if she ever wanted to skip school. Rosario’s actions were recorded on the bus surveillance system. In one instance, Rosario instructed the victim to take sexually explicit photos of herself and send them to him. On the following day, Rosario encountered the victim in a convenience store and warned her not to tell anyone what he had done the day before. That encounter was captured by the store’s security cameras.

The plea is the culmination of an investigation by the Rochester Police Department, under the direction of Police Chief David Smith, and the Federal Bureau of Investigation, Child Exploitation Human Trafficking Task Force, under the direction of Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for September 12, 2024, before Judge Geraci. 

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Joseph Zaso a/k/a Joey Cracks a/k/a Sosa, 40, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to narcotics conspiracy, possession of a firearm in furtherance of drug trafficking, and concealment of material fact. The charges carry a mandatory minimum penalty of 20 years in prison, and a maximum of life in prison. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between September 2018, and May 2022, Zaso conspired with others to sell significant quantities of heroin and fentanyl in the Jamestown, NY, area. Zaso, the leader of the drug trafficking activity, was the source of supply for several Jamestown drug dealers, and used a series of dealers and runners to facilitate his operation. During the conspiracy, Zaso possessed firearms to protect his supply of narcotics, from which he obtained substantial income and resources. On May 26, 2022, search warrants were executed at his Buffalo  residence, during which investigators seized drug paraphernalia.

During the conspiracy, Zaso was under the supervision of U.S. Probation in the Western District of New York, following a 2015 conviction in the Eastern District of Michigan. Zaso was required to submit monthly reports to U.S. Probation, which included information about his employment. Zaso signed and submitted monthly reports falsely reporting his employment. Zaso also falsely concealed his income and the existence of bank accounts under his control in addition to lying about his employment. Zaso did not report his actual income because most of it was derived from drug trafficking. 

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, 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 September 30, 2024, before Judge Vilardo.      

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Jonathan Bersani, 32, of Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute cocaine, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that on April 14, 2023, law enforcement attempted a traffic stop on Bersani’s vehicle. However, instead of yielding to law enforcement, Bersani drove into the civilian vehicle in front of him, pushing the vehicle approximately 10 feet forward, and then into the law enforcement vehicle behind him, causing significant damage to all three vehicles. Bersani then fled in his vehicle, and, ultimately, on foot after his vehicle was rendered inoperable. Bersani was ultimately apprehended and, within close range of his path of flight, law enforcement recovered a black bag containing approximately 183 grams of cocaine. Bersani was also in possession of $3,266 in cash. Later that day, a search warrant was executed at Bersani’s residence, during which another 27 grams of cocaine, and drug paraphernalia were seized.

The plea is the result of an investigation by the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti and Homeland Security Investigations BEST Team, under the direction of Special Agent-in-Charge Matthew Scarpino.

Sentencing will be scheduled at a later date.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Anthony V. Giambrone, 40, of Kenmore, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography involving prepubescent minors, which carries a maximum penalty of 20 years in prison. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in April 2020, Giambrone, a former teacher with Erie One BOCES working at Maryvale Intermediate School, possessed images of child pornography on two separate laptop computers. Giambrone possessed approximately 1,052 images and 381 videos of child pornography, some of which included prepubescent minors.

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 Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.

Sentencing is scheduled for August 27, 2024, at 12:00 p.m. before Judge Arcara.       

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Buffalo, N.Y. -- U.S. Attorney  Trini E. Ross announced today that Brandon Jonas, 39, of Buffalo, NY, who was convicted of discharge of a firearm in furtherance of a crime of violence, was sentenced to serve 240 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Joseph M. Tripi, who handled the case, stated that Jonas shot and killed Nelson and Miguel Camacho, who were brothers, inside a residence on Niagara Street on Buffalo’s West Side. Jonas, along with co-defendants Efrain Hidalgo and Misael Montalvo, received information that the brothers might have large amounts of money or drugs and would be good targets to rob. On November 11, 2004, defendant Montalvo drove Jonas and Hildalgo to the vicinity of the Niagara Street residence. Jonas was armed with an AK-47 style rifle and Hidalgo had a baseball bat. After surveilling the residence, Jonas and Hildalgo forced their way into the residence in an attempt to rob money and drugs from the brothers. During the robbery attempt, Jonas shot and killed the Camachos. Josue Ortiz served 10 years in state prison for the murders of Nelson and Miguel Camacho. In 2015, his conviction was vacated by an Erie County Court judge based on the findings of this federal investigation.   

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the New York State Police, under the direction of Major Stanley Edwards, III, 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.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that JohnMichael Santiago, 24, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci to civil disorder and assaulting a federal officer. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000. 

Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that on September 4, 2020, following the release of information by the Rochester Police Department (RPD) regarding the death of Daniel Prude, a group of protesters damaged property and turned over tables at two restaurants in Rochester, causing numerous patrons to leave. During the evening of September 5, 2020, Santiago was part of a group of approximately 1,500 protesters that gathered at Broad Street and Exchange Boulevard, about a block north of RPD headquarters, where they blocked all lanes of traffic on nearby streets. Over the next few hours, some protesters hurled rocks, bottles, lit fireworks, and other objects at police officers in the area. Some also shined flashlights and pointed lasers at officers. Protesters were repeatedly asked to move onto the sidewalks and leave the area or be subject to arrest. Many disregarded the requests, remained in the streets, and continued to block traffic. Santiago threw an ignited firework in the direction of a line of uniformed RPD officers, which detonated in the immediate vicinity of the officers. Santiago was not arrested that night, but was later interviewed by law enforcement about the incident. Santiago admitted that he attended the protests, brought fireworks to the protests, and threw an ignited mortar-style firework at police officers.

While in custody at the Livingston County Jail, after being charged with civil disorder, Santiago assaulted two corrections officers, throwing a hard plastic cup at one, and striking the other in the face with his fist.  Officers began to wrestle Santiago to secure him, during which one officer suffered contusions and a concussion, and a second suffered a back injury. 

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the United States Marshall’s Service, under the direction of Marshal Charles Salina.

Sentencing is scheduled for September 3, 2024, at 3:30 p.m. before Judge Geraci.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Brian O’Brien, 41, of East Aurora, NY, was arrested in San Diego, CA, and charged by criminal complaint with attempted enticement of a minor and possession of child pornography. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the complaint, the FBI began investigating O’Brien in June 2023 after he was connected to the uploading of child pornography on Snapchat. A search warrant was executed at his residence in July 2023, during which investigators seized numerous electronic items. A cursory search of an external hard drive confirmed the presence of child pornography on the hard drive, with some images/videos appearing to have been saved roughly 10 years prior. A search of O’Brien’s phone recovered conversations between the defendant and other men, during which they discussed exchanging child pornography and the sexual abuse of children. In addition, during another conversation, O’Brien reaches out to an individual identified as “JJ,” asking to be connected to minor boys.

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.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Steven Mojica Medina, 36, of Jamestown, NY, who was convicted of possession with intent to distribute, and distribution of, heroin, fentanyl, and acetyl fentanyl, and being a felon in possession of a firearm and ammunition, was sentenced to serve 235 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on August 30, 2018, an individual identified as J.H., fatally overdosed after ingesting a substance containing fentanyl, and acetyl fentanyl. Medina provided J.H. with the fentanyl and fentanyl analogue mixture shortly before J.H. died. Approximately a week later, on September 9, 2018, an individual identified as J.T. fatally overdosed after ingesting a substance containing heroin, fentanyl, and acetyl fentanyl. Medina provided the substance to a third party who then provided it to J.T. 

On December 1 and 2, 2020, the Jamestown Police Department conducted controlled purchases of heroin and fentanyl from Medina. Subsequently, a search warrant was executed at Medina’s Euclid Avenue residence during which investigators recovered two loaded firearms, a drug ledger, 48 bags of fentanyl weighing 1.76 grams, and cocaine. On November 1, 2021, Medina was pulled over in his vehicle by the Jamestown Police Department. Officers recovered a 9mm semi-automatic pistol, six magazines and approximately 167 rounds of 9mm ammunition. Medina also had 24 wrapped baggies of crack cocaine weighing 3.8 grams. In July 2015, Medina was convicted of a felony in Chautauqua County Court and is legally prohibited from possessing a firearm.

The sentencing 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 A. Tarentino III, New York Field Division.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Yong Chen, 37, of Flushing, NY, was arrested and charged by criminal complaint with possession with intent to distribute MDMA and importation of MDMA. The charges carry a maximum penalty of 20 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the complaint, in the early morning hours of September 21, 2022, U.S. Border Patrol Buffalo Sector spotted a drone launch originating at a residence in Youngstown, NY. The drone traveled across the Lower Niagara River into Ontario, Canada, and landed in Niagara-on-the-Lake, Ontario, Canada, before returning a short time later to its original launch location. Law enforcement responded to the residence and observed the drone hovering in the back yard with an attached package hanging from the chassis. The drone made landfall near an individual later identified as Edvin Yug. Another individual at the residence fled from law enforcement. The package was transported to the Niagara Falls Border Patrol Station for analysis, and found to contain three vacuum sealed bags of MDMA. A short time later, Yong Chen was found by the Niagara County Sheriff’s Department when a 911 call came in for an individual requesting medical attention for shortness of breath. Chen was identified as the individual that fled from the Youngstown residence.

A search warrant was executed at the residence, which was barely furnished, with only mattresses on the floor and almost no other furniture. The residence also contained few comfort items and no clothing to suggest individuals were using it as a primary residence. During the search, investigators seized numerous commercial grade drones, controllers, electronics, cell phones and a video hard drive containing the residence’s security camera footage, which showed Chen at the residence around the time the drone was spotted. Additionally, rolls of paracord were found on that were consistent to the cord holding the package of MDMA to the drone.

An analysis of the seized drones recovered data indicating that they had conducted five cross-border flights into Canada and back prior to September 21, 2022, all originating and concluding at the Youngstown residence. Chen’s flight records also coincide with the dates of the cross-border drone activity. Chen is not known to have any ties to the Buffalo/Youngstown area. According to the complaint, the Youngstown residence was purchased by a business owned by Chen’s sister.

The complaint is a result of an investigation U.S. Border Patrol, Buffalo Sector, under the direction of Chief Patrol Agent Thomas G. Martin, 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.  

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 a federal grand jury has returned a superseding indictment charging John Engler, Alec Dierna, And Nicholas Scarantino with conspiracy to commit mail fraud, which carries a maximum penalty of 20 years in prison and a $250,000 fine. Also named in the superseding indictment are three defendants previously charged in the case: Tommy Lee Coburn, Kyle Paul Edward Gibson, and Heather Dierna.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the superseding indictment, in January 2019, defendant Engler began mailing fictitious invoices to primarily large companies located throughout the United States for cleaner/degreaser products that the victim companies would believe they had previously ordered and received. In August 2020, Engler recruited defendant Dierna to participate in his scheme, which began the conspiracy. Defendants Coburn and Heather Dierna joined the conspiracy in January 2021, Gibson in February 2021, and in July 2021, Scarantino joined the conspiracy.

Large companies were targeted because it was less likely during the COVID-19 pandemic that account payable departments in these companies would question whether cleaner/degreaser products listed on the fraudulent invoices were ordered and received. Large companies were targeted because the relatively small amounts owed on the fraudulent invoices would be less likely to raise questions regarding the legitimacy of the invoices, and because the accounts payable departments do not order products for their companies, and would be less likely to question or be suspicious of the grossly inflated prices for the cleaner/degreaser products. Fraudulent invoices were mailed from Florida and from Rochester. Intended to look like legitimate invoices, the defendants placed statements that the documents were merely “solicitations,” and that there was no obligation to pay the amounts listed on the fraudulent invoices, in hard-to-find places on page two of the invoice. The statements were inserted so that if the defendants were ever later questioned, they could falsely claim that the intended purpose of the documents was merely to “solicit” future business from the victim companies.

As a result of the conspiracy, approximately 5,458 victim companies were tricked into believing that they had received a legitimate invoice for cleaner/degreaser products, paying approximately $8,010,543.50 to the sham companies. After receiving payment, the defendants attempted to cover up their fraud by having inexpensive cleaner/degreaser products delivered to the victim companies. Several companies in the Western District of New York were victimized. The companies are located in Henrietta, Lakewood, Brockport, Andover, Rochester, Avon, Tonawanda, and Niagara Falls.

The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the U.S. Postal Inspection Service, under the direction of Inspector in Charge Ketty Larco-Ward, Boston Division, and the Internal Revenue Service-Criminal Investigations, under the direction of Special Agent-in-Charge Thomas M. Fattorusso.

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 Michael Bevill, 36, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. 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 Franz T. Wright, who is handling the case, stated that between June 2022, and August 2023, Bevill engaged in prohibited sexual conduct with a minor child under 12-years-old. Bevill produced photographs and video recordings of himself sexually abusing the minor child on multiple occasions. He admits that he gave the minor child sedatives before producing the child pornography. Bevill then distributed the visual depictions he produced to another individual using the Telegram messaging application.

The plea is the result of an investigation by the federal bureau of Investigation, under  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 Trini E. Ross announced today that Roman Lapp, 49, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to obstruction of Justice, which carries a maximum penalty of 10 years in prison and a $250,000.  

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that in June 2019, an individual known to law enforcement contacted Lapp, asking for narcotics. As a result, Lapp obtained heroin/fentanyl/acetyl fentanyl from his supplier, Steven Gonzalez, then delivered the narcotics to the individual’s residence. After using the heroin/fentanyl/acetyl fentanyl, the individual overdosed and died. Lapp was initially interviewed by the Buffalo Police Department, during which he identified the source of the narcotics as someone other than Steven Gonzalez. Lapp reiterated this information during a follow up interview with members of federal law enforcement. Later in the interview however, he admitted that he was not truthful about the identity of the source of the narcotics. Lapp then stated Steven Gonzalez was the actual source and that he lied to protect Gonzalez, among other reasons. Gonzalez was convicted and sentenced to serve 188 months in prison.

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 of the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarantino, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

Sentencing will be scheduled at a later date.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Louis P. Ferrari, II, 42, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to conspiracy to transmit wagering information in interstate commerce and conduct an illegal gambling business, which carries a maximum penalty of five years in prison, and a fine of $250,000.

Assistant U.S. Attorneys Meghan K. McGuire and Melissa M. Marangola, who are handling the case, stated that between April 25, 2019, and April 17, 2021, Ferrari conspired with Dominic Sprague, 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 plea 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.

Sentencing is scheduled for August 7, 2024, at 3:00 p.m. before Judge Wolford.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jacob Snow, 37, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to narcotics conspiracy, 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 Joshua A. Violanti, who is handling the case, stated that between January and May 24, 2021, Snow conspired with Alisha A. Klinger and others to sell heroin, fentanyl, and methamphetamine in the Jamestown area. Snow sold drugs and collected payments on behalf of Klinger. On May 24, 2021, an individual was kidnapped at gunpoint and driven to a wooded area, where the individual was then hit multiple times, including by Snow. This incident involved approximately $10,000 worth of heroin/fentanyl and methamphetamine that the individual had taken from Snow a day prior. Asked if the individual should be killed, Snow responded, “no, I think we should give her the opportunity to pay that back.”

Charges remain pending against Klinger.

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, 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 will be scheduled at a later date.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Ajaypal Dhillon, 20, of Ontario, Canada, who was convicted of smuggling merchandise into the United States, was sentenced to serve 30 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on the afternoon of July 27, 2023, Dhillon drove a commercial tractor-trailer to the Peace Bridge Port of Entry seeking entry into the United States from Canada. At primary inspection, Dhillon indicated he was transporting frozen waffles destined for a Publix grocery store warehouse in Georgia. Publix representatives stated that the shipment was not expected, and the purported shipper of the product confirmed that the shipment was fraudulent. Dhillon was referred to secondary inspection, where Customs and Border Protection officers discovered boxes containing over 2000 pounds of marijuana and over 50 kilograms of ketamine. Subsequent investigation identified five prior fraudulent trips made by Dhillon, four of the trips alleged the transport of candy, the fifth was also for waffles after an attempt to transport “candy” was denied by the customs broker.  

The sentencing 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.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Marlene Cruz, 40, of Rochester, NY, who was convicted of theft of mail matter by officer or employee, was sentenced to serve two years’ probation by U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in January 2022, the U.S. Postal Service (USPS) received complaints from individuals stating that their mail had been tampered with in late 2021. Subsequent investigation determined that Cruz, a full-time Mail Carrier, worked the mail route involving the complaints. Further investigation determined that between January 2022, and November 2023, Cruz routinely opened envelopes and parcels, removing items such as ticket stubs, documents, cash, lottery tickets, and gift cards, on dozens of occasions.

In May and November 2023, investigators conducted mail integrity tests, placing greeting cards containing cash and gift cards in the mail to be delivered by Cruz. On November 2, 2023, at the end of her shift, investigators detained Cruz and executed a warrant for her person and personal belongings. During the search, they recovered a gift card from one of the mail integrity test greeting cards inside Cruz’ personal duffle bag.

The sentencing is the result of an investigation by the U.S. Postal Service Office of Inspector General, under the direction of Matthew Modafferi, Special Agent-in-Charge Northeast Field Office.

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U.S. Attorney Trini E. Ross announced today that John Wallace Buchanan, 37, of Fredonia, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to narcotics conspiracy, which carries a maximum penalty of 20 years in prison. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that during the conspiracy, Buchanan sold heroin, which he admits often contained fentanyl, and methamphetamine. He utilized social media to conduct his drug trafficking activities, and engage in unlawful firearms activities. Buchanan also utilized his residence to conduct his drug trafficking activities. One of Buchanan’s drug customers was an individual identified as B.G. In the early morning hours of January 10, 2022, the Ellicott Police Department responded to B.G.’s residence in Celoron, NY, for a death investigation. B.G. was found lying on the living room floor, clenching an elastic head band in his hands with a needle in close proximity. Law enforcement seized B.G.’s cell phone and recovered a social media conversation on January 7, 2022, between Buchanan and B.G., during which they discussed controlled substances. Buchanan sold methamphetamine and an opioid to B.G. later that day. The following day, B.G. sent Buchanan a message stating, “That stuff is strong.”

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, 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, and the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.

Sentencing will be scheduled at a later date.       

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Carlo D’Angelo, 45, of Buffalo, NY, pleaded guilty before by U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute alpha-pyrrolidinopentiophenone (a-PVP),  which carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in May 2021, D’Angelo possessed approximately 6.1 grams of a-PVP, which he intended to sell, when he was located at a hotel in Amherst, NY. Also, located in D’Angelo’s vehicle were glass pipes with burnt residue, multiple plastic containers consistent with the manufacture of a­PVP, and $5,100.00 in cash, proceeds of drug trafficking.

The plea 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.

Sentencing is scheduled for October 9, 2024, before Judge Sinatra.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Marlon G. Holt, Jr., 50, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on May 7, 2024, the Ontario County Sheriff’s Office conducted a traffic stop of Holt’s vehicle. According to the complaint, during the stop, Holt provided inconsistent and untruthful answers to the deputy’s questions, including stating he was returning from New York City after doing dry wall work. However, law enforcement knew that the time frame could not be correct, since Holt’s rental vehicle was recorded in Myrtle Springs, Texas on May 5, 2024, by a license plate reader. In addition, when law enforcement asked Holt if he had dry wall tools, he opened the rear of the vehicle and showed tools that were inconsistent with dry wall work. The tools appeared to be brand new and never used. During the execution of a search warrant on the vehicle, investigators recovered approximately nine-kilogram shaped bricks of suspected cocaine, approximately eight half-kilogram wrapped packages of suspected methamphetamine, $10,000 cash, and three cell phones.

The complaint is the result of an investigation by the Ontario County Sheriff's Office, under the direction of Sheriff David Cirencione, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino. Holt made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

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 Preston Herbst, 27, of Canandaigua, NY, pleaded guilty to transferring obscene matter before U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling 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 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 September 3, 2024, at 3:00 p.m. before Judge Geraci. 

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 61, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 144 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Kyle Rossi and Meghan K. McGuire, who handled the case, stated that between 2012 and 2014, Nicot hid a camera in the bathroom of a church located in the Western District of New York. Nicot positioned the camera so that it would capture video and images of naked individuals using the shower in the church bathroom. He did this knowing some of the individuals would be under the age of 18 and he planned to display the video of the minors. On July 21, 2022, law enforcement executed a warrant at the Nicot’s residence and recovered a memory card and USB drive, which contained videos and images of at least five minor victims using the church bathroom and shower. Two cell phones were also seized, which contained naked images of a minor victim that were recorded by a camera hidden in a bathroom of Nicot’s residence.

The sentencing 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 Task Force, 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 Willie C. Graham, 43, of Jamestown, NY, was arrested and charged by criminal complaint with possession with intent to distribute a controlled substance, which carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Donna M. Duncan, who is handling the case, stated that according to the complaint, in September 2023, Jamestown Police officers conducted a traffic stop of a vehicle that had pulled out of a known drug house in Jamestown. A search of the vehicle recovered what appeared to be methamphetamine, along with numerous items of drug paraphernalia. Officers also recovered a glass bubble pipe from Graham’s waist area. Graham and the other two occupants were then taken to the  Jamestown City Jail, at which time Graham indicated that he was experiencing chest pains and could not breathe. Before Graham was transported for medical attention, officers discovered suspected fentanyl on his person. On March 2, 2024, Graham was a passenger  in a vehicle that fled from officers attempting to initiate a traffic stop. A search of the vehicle recovered 11.6 grams of suspected methamphetamine, other drug paraphernalia, and $1,134.00 cash. Graham and the other two occupants were taken to the Jamestown City Jail, where Graham informed officers that he had eaten “dope” prior to being arrested and was overdosing. He was given one dose of NARCAN and transported for medical attention.

Graham made an initial appearance before U.S. Magistrate Judge Jeremiah J.  McCarthy and is detained pending a detention hearing on May 7, at 11:30 a.m.

The complaint 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.

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 Steven Glover, Sr., 39, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on the morning of December 14, 2022, a Jamestown Police officer observed Glover in a vehicle. The officer knew that Glover was suspended from driving. The officer stopped the vehicle and made contact with Glover, who immediately advised that he had a pipe on his person. Glover then handed over a glass pipe that contained what appeared to be methamphetamine residue inside. Glover was detained and a search of the vehicle recovered a digital scale with white crystal residue and a pistol. Glover was charged in New York State Court and released on bail. In 2019, Glover was convicted of a felony in Chautauqua County Court and 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, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.

Sentencing is scheduled for August 30, 2024, at 11:00 a.m. before Judge Sinatra.      

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Joshua Zak, 46, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography, which carries a mandatory minimum penalty of 10 years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in May 2018, Zak was convicted of receipt of child pornography and sentenced to serve 72 months in prison and 20 years supervised release, which began in May 2022. In March 2023, a United States Probation Officer interviewed Zak during a home visit, during which he admitted to using a smart phone that he found at his mother's residence to view pornography. Zak also admitted that he found an old SD card that was not located by law enforcement when he was previously arrested. A few days later, U.S. Probation met Zak at his mother's residence, where he led officers to a trash bag that contained several electronic devices, as well as an SD card. A review of the SD card recovered more than 600 images and videos of child pornography, some of which included depictions of violence against children.

The plea is the result of an investigation by the U.S. Probation Office, under the direction of Chief Probation Officer Timothy Englert, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing scheduled for September 9, 2024, before Judge Vilardo.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Mario Cain-Henry, 31, of Rochester, NY, who was convicted of conspiracy to distribute controlled substances and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 144 months in prison by U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that Cain-Henry is an associate of the nationally recognized Bloods Gang, and a member of a local subset known as the Immortal Stone Gorilla Gang. In December 2022, Cain-Henry and others were arrested after a lengthy investigation into narcotics trafficking, weapons possession, and associated violence by several members of the group. On December 14, 2022, several search warrants were executed at locations associated with Cain-Henry, including his residence. During the searches, investigators recovered quantities of narcotics, drug paraphernalia, cash, loaded firearms, and ammunition.

The investigation began in the aftermath of the murder of Rochester Police Investigator Anthony Mazurkewicz and the assault of Investigator Sino Seng in July 2022. It’s alleged that individuals associated with Cain-Henry were engaged in a violent feud with another group led by Brandon “B-Mack” Washington. Washington and several associates have also been charged with federal drug and weapons offenses.  

 The sentencing is the result of an investigation conducted by members of the Rochester Police Department Special Investigation Section, under the direction of Chief David Smith, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarantino, III, New York Field Division, and the Bureau of Alcohol, Tobacco,  Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division. 

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Torrence Dyck, 51, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine and possession of firearms and ammunition by a convicted felon, was sentenced to serve 150 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Dyck operated a drug house on Warsaw Street in Rochester, using workers, who he recruited and paid, to distribute street-level quantities of cocaine to customers at the drug house. During the investigation, law enforcement recovered approximately 640 grams of cocaine, more than $20,000 in drug proceeds, drug packaging materials, and two firearms. Dyck has four prior felony convictions for Robbery, Criminal Negligent Homicide, federal narcotics conspiracy, and Aggravated Unlicensed Operation of a Motor Vehicle and Operating a Motor Vehicle Under the Influence of Alcohol, and is legally prohibited from possessing firearms.

The sentencing 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. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Christopher Porter, 37, of Angola, NY, with two counts of theft of mail and six counts of delay of mail by a postal employee. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Franz T. Wright, who is handling the case, stated that according to the indictment, in October 2021, and January 2022, Porter, a United States Postal Service employee in Angola, embezzled mail and stole gift cards included in the embezzled mail. In addition, on six separate occasions in March 2022, Porter opened mail, delaying its delivery.

Porter was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.

The indictment 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.

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 Raymond Brooks, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography by an individual with a prior sex offense conviction, and cyberstalking, which carry a mandatory minimum penalty of 10 years in prison, a maximum penalty of 20 years in prison and a $250,000 fine.   

Assistant U.S. Attorney Franz T. Wright, who handled the case, stated that in January 2019, Brooks was convicted in Erie County Court of Possessing a Sexual Performance by a Child. On April 23, 2020, law enforcement searched Brooks’ cell phone,  locating images and videos containing child pornography. Some of the images and videos depicted prepubescent minors engaged in violent sexual conduct. In January 2021, Brooks contacted a 15-year-old victim via Snapchat, and persuaded her to produce sexually explicit images of herself and send them to him. Brooks then contacted the victim repeatedly via Snapchat and threatened her to send more sexually explicit images or videos, or he would distribute the existing images and videos to her family members, friends, and other Snapchat users. As a result, the victim created more sexually explicit images and videos.

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 October 3, 2024, before Judge Sinatra. 

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Lanham, 35, of Niagara Falls, NY, who was convicted of production of child pornography with a prior sex offense, was sentenced to serve 360 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that in December 2010, Lanham was convicted of Rape in the Third Degree, Victim Less than 17-Year-Old, Perpetrator 21 years or more, in New York State Court and is a registered sex offender. In September 2020, he took a sexually explicit photo of a minor victim on his cell phone.  In October 2020, Lanham distributed the image of the minor victim in a private online message to an undercover law enforcement officer on the Kik application.

The sentencing 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.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Ralph Minni, 54, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute 500 grams or more of cocaine, and possession of a firearm by an unlawful user of a controlled substance. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that on multiple occasions between May 2018, and May 2, 2022, Minni used his position as the Greece Post Office station manager to take parcels containing controlled substances, such as marijuana, out of the mail stream and into his private office, remove the contents, and then return the empty packages back into the mail stream. Minni then transported the controlled substances to his residence, where he would store and redistribute the narcotics to other individuals. On three occasions in March and April of 2022, Minni distributed quantities of cocaine to a coworker, who then proceeded to snort the cocaine off Minni’s office desk in his presence. On May 2, 2022, a search warrant was executed at Minni’s residence during which investigators recovered quantities of marijuana, approximately 700 grams of cocaine, approximately 40 firearms, and over 19,000 rounds of ammunition. Minni was arrested that same day after leaving the Greece Post Office. Officers recovered a quantity of marijuana from inside his vehicle, which he had removed from a mailed package and planned to take back to his residence for subsequent sale and distribution.

The plea is a result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the United States Postal Service, Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent-in-Charge Matthew Modafferi; and the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Ketty Larco-Ward. Additional assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division, under the direction of Special Agent-in-Charge Bryan Miller; the Greece Police Department, under the direction of Chief Michael Wood; and the New York State Police, under the direction of Major Miklos Szoczei II.

Sentencing is scheduled for August 13, 2024 at 9:15a.m. before Judge Siragusa.  

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Eric Anthony, 27, of Rochester, NY, was arrested and charged by criminal complaint with threatening to assault, kidnap, or murder federal law enforcement officers with intent to impede, intimidate, or interfere with such law enforcement officers while engaged in the performance of official duties, or with intent to retaliate against such law enforcement officers on account of the performance of their official duties. The charge carries a maximum penalty of 10 years in prison and a maximum fine of $250,000.  

Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that according to the complaint, on April 18, 2024, Anthony sent an email to the Bureau of Alcohol, Tobacco, Firearms and Explosives, criticizing federal gun laws and the actions of multiple federal and local law enforcement agencies, including the ATF, FBI, HSI, Monroe County Sheriff’s Office and the Rochester Police Department. The email also included threats to murder law enforcement officers. The email stated that if anything happened to Anthony or his family, “then I am left no choice to impose my ‘hellish strategic move.’” The complaint further states that Anthony followed up his email with a fax to the Monroe County Sheriff’s Office. The fax included much of the same information that was included in the ATF email. 

“Any and all threats to harm or injure any member of our law enforcement community are taken seriously,” stated U.S. Attorney Ross. “I commend the collaboration and teamwork that went into locating and arresting this defendant, who was prepared to act on the threats he made, which could have resulted in deadly consequences for the men and women whose mission it is to protect our communities and its citizens.”

“This recent arrest serves as a reminder that serious threats of violence will not be tolerated,” stated ATF Special Agent-in-Charge Bryan Miller. “The suspect was found to be illegally stockpiling weapons capable of carrying out the repeated threats of violence he had made against law enforcement. Thanks to the decisive actions of the ATF NY Rochester Violent Crime Task Force, this individual is now being held accountable for his actions. We commend the efforts of the Rochester Police Department, Monroe County Sheriff’s Office, FBI, and U.S. Attorney’s Office for the Western District of NY for their collaboration in bringing this individual to justice.”

“Federal task forces augment local agencies with specialized investigative resources and open pathways for federal prosecution,” said Matthew Miraglia, Special Agent-in-Charge of the FBI’s Buffalo Field Office. “Thanks to these efforts and partnerships with the U.S. Attorneys’ Office, ATF, and other federal, state, and local agencies, the FBI continues to be successful in combatting potential threats and protecting our communities.”

“At a time when individuals are violently attacking law enforcement, costing us so dearly just this past week, this person posed a targeted threat to those serving,” said Sheriff Todd K. Baxter. “The diligent teamwork of these law enforcement partners in preempting any harm and safely taking him into custody, is to be commended.”

“This is another example of the partnerships that exist in Rochester law enforcement that work towards keeping our city safe,” state Rochester Police Chief David Smith. “The work of the violent crime task force to safely take this dangerous individual into custody is truly remarkable.”

Anthony made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held pending a detention hearing on April 23, 2024, at 12:30 p.m.

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Bryan Miller, Special Agent-in-Charge, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Monroe County Sherriff’s Office under the direction of Sherriff Todd Baxter, 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 Buffalo Transportation Inc., Ontario Bus Inc., and several other businesses owned by Igor Finkelshtein, have agreed to pay $91,838 to resolve allegations arising under the False Claims Act. The defendants obtained grants and loans under the COVID-19 Economic Injury Disaster Loan program (EIDL), administered by the Small Business Administration, after submitting applications that falsely certified their eligibility to receive the grants and loans.

Assistant U.S. Attorney David M. Coriell, who handled the case, stated that applicants for EIDL funding are required to disclose the criminal history of owners of entities applying for funds. The government alleges that these defendants failed to disclose that Igor Finkelshtein had a prior felony conviction, and therefore the companies were ineligible to receive grants and loans through the COVID-19 EIDL program.

“Emergency funding programs, including the COVID-19 EIDL program, were critical to helping businesses stay afloat during the pandemic,” stated U.S. Attorney Ross. “My office will continue to work towards holding accountable those who took advantage of the COVID-19 programs by obtaining funds that they were not eligible to receive.”

“Providing fraudulent information to acquire access to federal relief funds is a theft of hard-earned taxpayer money,” said Matthew Miraglia, Special Agent-in-Charge of the FBI’s Buffalo Field Office. “The FBI remains committed to working with our law enforcement partners to investigate and apprehend those who seek to personally profit and defraud government assistance programs.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Aidan Forsyth. 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 United States ex rel. Forsyth v. Buffalo Transportation Inc., et al., 22-cv-846-JLS (W.D.N.Y.). Mr. Forsyth will receive a share of the settlement.

The case was investigated jointly by the United States Attorney’s Office, Federal Bureau of Investigation, Buffalo Field Office, under the direction of Special Agent-in-Charge Matthew Miraglia, and the United States Secret Service, Buffalo Field Office, under the direction of Special Agent in Charge Jeffrey P. Burr, as well as with assistance from the SBA’s Office of General Counsel and Office of Inspector General.

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BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Christian Arroyo Collazo, 28, of New Castle, PA, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to traffic in firearms, which carries a maximum penalty of 15 years in prison. 

Assistant U.S. Attorneys Joshua A. Violanti and Jeffrey E. Intravatola, who are handling 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 plea 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 DiGirolamo, Assistant 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.

Sentencing is scheduled for August 16, 2024, at 9:00 a.m. before Judge Sinatra.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Nasif Talukder, 22, of Buffalo, NY, was arrested and charged by criminal complaint with sexual enticement of a minor, which carries a mandatory minimum penalty of 10 years in prison.

 Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, a 14-year-old girl (minor victim) met Talukder on Teen-Chat.org. Talukder offered her $100 to engage in sexual activity and the two made plans to meet. On the morning of March 30, 2024, an individual who knows the minor victim saw her getting into a vehicle later identified as Talukder’s vehicle. The individual contacted the minor victim’s parent, who then notified the Town of Tonawanda Police Department. A subsequent investigation resulted in Talukder’s arrest. A search of the minor victim’s phone recovered multiple screenshots of the “Teen-Chat.org” conversation between the minor victim and Talukder.

Talukder made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on home detention with electronic monitoring.

The complaint is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger and 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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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that John C. Aldrich, IV, 54, of Palmyra, NY, was arrested and charged by criminal complaint with the production, receipt, possession, and distribution of child pornography, and enticement of a minor. The charges carry a minimum penalty of 15 years in prison, a maximum of life, and a fine up to $250,000.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, law enforcement began investigating Aldrich in March 2024, after receiving information that he had engaged in the ongoing physical and sexual abuse of a minor victim in Palmyra, NY. Investigators recovered messages between the victim  and Aldrich, which revealed that Aldrich had been involved in an ongoing pattern of abuse in which he sexually abused the victim and produced child pornography. According to the complaint, the abuse took place on a weekly basis over a period of more than one year, beginning when the victim was only 14 years old.

Aldrich made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was held pending a detention hearing on April 22, 2024, at 11:00 a.m.

The complaint is the result of an investigation by the New York State Police, Lyons, under the direction of Major Miklos Szoczei II, 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 Cross Malik Williams, 25, of Cheektowaga, 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, 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. As part of his plea agreement, Williams agreed that he was responsible for between $250,000 and $550,000 of total loss.

Charges remain pending against Kingsley Brown.

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 25, 2024, before Judge Sinatra.

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Robert L. Williams, Jr., 42, of Buffalo, NY, who was convicted of conspiracy to transfer firearms purchased outside of state of residency, unlawful dealing in firearms, conspiracy to possess with intent to distribute, and to distribute, heroin, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm, was sentenced to serve 84 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between November 2017, and June 2018, Williams, without being a licensed firearm importer, manufacturer, dealer, or collector, conspired with others to transfer firearms into the State of New from the State of Ohio. Williams, who resided in New York, asked others to assist him in conducting straw purchases of more than 20 firearms in Ohio, which were then transported into New York. On May 3, 2018, Buffalo Police officers responded to shots fired in a vacant lot next to Williams’ residence. Officers recovered two ammunition cases with magazines and a bag containing heroin in front of his residence. Inside the residence, in plain view, officers recovered a pistol, ammunition, and several firearms parts and accessories. Williams admits that he conspired with others to distribute heroin, including to some of the straw purchasers in exchange for the straw purchasers obtaining firearms for Williams.

On May 18, 2018, a search warrant was executed at Williams’ residence, during which law enforcement seized two additional firearms and ammunition. Williams was convicted of felony charges in 2004, 2006 and 2012, and is legally prohibited from possessing firearms.

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a superseding indictment charging Zaid Mendoza a/k/a Diamond, 45, Cora Waddington, 24, Kelvin O. Thomas, 41, all of Jamestown, NY, with narcotics conspiracy, conspiracy to commit sex trafficking by force and coercion, sex trafficking by force and coercion, and using and maintaining a drug-involved premises. The charges carry a maximum penalty of life in prison. In addition, defendants Mendoza and Waddington are charged with possessing a firearm in furtherance of drug trafficking crimes, and Mendoza is charged with being a felon in possession of a firearm.

Assistant U.S. Attorneys Joshua A. Violanti and Maeve E. Huggins, who are handling the case, stated that according to the indictment, Mendoza, Waddington, and Thomas conspired to sell fentanyl and methamphetamine in the Jamestown area, using a residence on West Main Street in the Town of Ellicott, NY, to conduct their drug trafficking activities. In addition, between October and December 2022, the defendants are accused of conspiring to force individuals to engage in commercial sex acts.

The superseding indictment is the result of an investigation by the Jamestown Police Department Metro Drug Task Force, under the direction of Chief Timothy Jackson; the Chautauqua County Sheriff’s Office County Drug Task Force, under the direction of Sheriff James Quattrone; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Assistant Special Agent-in-Charge Bryan DiGirolamo, New York Field Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarantino III, New York Field Division; and the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.

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 investigation is also assisted by the Western New York Human Trafficking Task Force, a multi-disciplinary task force that brings law enforcement and social service agencies together to identify and investigate human trafficking utilizing a victim centered and trauma informed response, was also part of this effort. 

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 Daniel Richter, 45, was arrested and charged by criminal complaint with cyberstalking. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that, for a short time in 2002, Richter sent bizarre emails to and followed a victim he was acquainted with at the University at Buffalo. In 2007, Richter started sending post-cards with strange messages to the victim and leaving harassing voice-mail messages on her work phone. On April 23, 2008, the Niagara County Sheriff’s Office arrested Richter, and he pleaded guilty to Stalking in the Fourth Degree, and was given a fine and an Order of Protection was issued against Richter.

In 2018, Richter renewed unwanted communications, via phone calls and emails, with the victim. In September 2020, he was convicted of interstate communication of threat to injure and sentenced to serve 24 months in federal prison. In December 2023, after completing his term of supervised release for his federal conviction, Richter once again renewed his attempts to contact the victim. Between December 25 and February 6, 2024, the victim received approximately 94 voice messages from Richter. In addition, between February 6, 2024, and his arrest today, Richter sent over 600 emails to the victim, which include incoherent rambling and sexual and/or threatening comments directed at the victim. In one of those emails, Richter stated that he would travel to Western New York to see her personally on March 28th. Law enforcement located Richter this morning at a hotel an Amherst, NY, after he had flown to Buffalo from Los Angeles, California. In Richter’s hotel room, investigators recovered a photograph of the victim, the victim’s contact information, a ski mask, and hair dye.     

Richter made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on April 4, 2024, at 11:00 a.m.

The complaint is the result of an investigation by the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti, and Special Agents with 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 Trini E. Ross announced today that Albert Smith, 40, of Niagara Falls, NY, who was convicted of possession of child pornography involving a prepubescent minor and having a prior conviction under the laws of any state relating to sexual abuse involving a minor, was sentenced to serve 188 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Maeve E. Huggins, who handled the case, stated that in 2003, Smith was convicted in North Tonawanda City Court of Sexual Abuse 2nd: Sexual Contact with Person Less Than 14 Years Old.  On October 22, 2021, a search warrant was executed at Smith’s residence, during which investigators seized two cell phones. Investigators also located another electronic device containing child pornography, which Smith had attempted to discard. In total, Smith possessed 314 images and 25 videos of child pornography on the three devices. The images included depictions of prepubescent minors less than 12 years old, and the sexual abuse of an infant or toddler.

The sentencing is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari, 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 Trini E. Ross announced today that Jeshua Lion Myers a/k/a Dually, 28, a citizen of Canada, the United States, and the Bahamas, was arrested and charged by criminal complaint with trafficking in firearms, which carries a maximum penalty of 15 years in prison.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, Myers stated to an individual working with Canadian law enforcement that he could fulfill large orders of firearms, which would be sourced at various stores and websites out of the United States and imported into Canada. Myers arranged to bring the firearms to the Buffalo area, so that they could then be smuggled into Canada, and sold with a massive profit margin. On December 20, 2023, Homeland Security Investigations Border Enforcement Security Task Force coordinated a controlled purchase of 19 firearms from Myers for $33,000. Myers also provided assorted magazines, ammunition, and other weapons components. Shortly after this purchase, Myers made arrangements to meet the individual working with Canadian law enforcement in Miami, Florida, to purchase additional firearms to be smuggled back to Canada.

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

The complaint is the result of an investigation by Homeland Security Investigations Border Enforcement Security Task Force, under the direction of Special Agent-in-Charge Matthew Scarpino, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Assistant Special Agent-in-Charge Bryan DiGirolamo, New York Field Division, and the Ontario Provincial Police. Additional Assistance was provided by Homeland Security Investigations, Miami, Florida.

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 Eric Steven Arroyo, 41, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to theft of mail, 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 July 27, 2023, the United States Postal Service received a report that Arroyo was opening a blue USPS collection mailbox using a key and removing mail. A Postal Service employee responded to the area and saw Arroyo near another USPS collection mailbox in the area, opening it with a key and removing mail. Arroyo was then seen going behind a nearby business where he opened the mail. Police responded and Arroyo was arrested. Arroyo admitted that he opened the stolen mail, searching for money and gift cards.

The plea is the result of an investigation by the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward, Boston Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

Sentencing will be scheduled at a later date.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Melanie Armstrong, 55, of Rochester, NY, pleaded guilty before U.S. Magistrate Judge Marian W. Payson to wire fraud involving national emergency benefits, filing false claims against a government agency, and transfer of a means of identification. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between July 2020, and August 2021, Armstrong falsely applied for New York State Department of Labor unemployment benefits under the identities of others and fraudulently collected benefits in their names. Armstrong also collected unemployment benefits in her own name by falsely representing that she had no source of income. Armstrong received $131,400.10 in benefits that she was not lawfully entitled to receive. Armstrong also applied for, but did not receive, additional benefits, resulting in a total intended loss of $250,916. 

In addition, between January 2019, and April 2023, Armstrong filed 19 false income tax returns with the Internal Revenue Service for herself, and family members and associates, claiming false and inflated wages and false and inflated federal income tax withholdings. As a result, the IRS issued tax refunds to Armstrong and the others totaling $101,255. Between January 2020, and April 2023, Armstrong also filed 17 false tax returns for herself, and family members and associates, with the New York State Department of Taxation and Finance, claiming false and inflated wages and false and inflated state income tax withholdings. Armstrong attempted to obtain $45,363 in fraudulent refunds, but actually received $18,758 in fraudulent refunds. 

The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, under the direction of Jonathan Mellone, Special Agent-in-Charge, Northeast Region, the Internal Revenue Service-Criminal Investigations, under the direction of Special Agent-in-Charge Thomas M. Fattorusso, and the New York State Department of Taxation and Finance, under the direction of Acting Commissioner Amanda Hiller.

Sentencing will be scheduled a later date.  

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Rocco A. Beardsley, 38, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to narcotic conspiracy and distribution of fentanyl causing death, which carry a mandatory minimum penalty of 20 years in prison, and a maximum of life. Beardsley pleaded guilty as jury selection was scheduled to begin in his federal trial.

Assistant U.S. Attorneys Joshua A. Violanti, Evan K. Glaberson, and Jeffrey E. Intravatola, who are handling 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 plea 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 Assistant Special Agent-in-Charge Bryan DiGirolamo, the New York State Police, under the direction of Major Stanley Edwards III, and the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.

Sentencing is scheduled for July 23, 2024, at 2:00 p.m. before Judge Sinatra.

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