Western District of New York

BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Angel Elliot Dalfin, 58, of Buffalo, NY, who was convicted of making a false document, was sentenced to serve five years’ probation, to include eight months of home confinement with electronic monitoring, by U.S. District Judge Lawrence J. Vilardo. Dalfin was also ordered to perform 600 hours of community service at Habitat for Humanity within the first three years of probation.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Dalfin, using the entity Vin7, LLC, sold 23 properties in the City of Buffalo, all of which were built prior to 1978. As part of the sale of the properties, Dalfin executed Lead-Based Paint Rider and Disclosure forms, on which he falsely stated that the lead-based paint hazards at the properties were unknown and that he had no records pertaining to lead-based paint hazards at the properties. The false statements were material to Dalfin’s compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, a statute implemented and administered by the Environmental Protection Agency and the Department of Housing and Urban Development. On average, it would have cost the buyer of each of the properties $5,000 to stabilize the lead-based-paint hazards present.   

The sentencing is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi. Additional assistance was provided by the New York State Attorney General’s Office.    

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Marlene Cruz, 40, of Rochester, NY, was arrested and charged by criminal complaint with delay or destruction of mail and theft of mail matter by officer or employee. The charges carry 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 according to the complaint, 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 complaint 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.

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 James Fulton, 41, and his brother, Preston Fulton, 39, both of Rochester, NY, were sentenced by U.S. District Judge David G. Larimer in separate cases stemming from the investigation into the murder of Rochester Police Department Investigator Anthony Mazurkewicz and the assault of Investigator Sino Seng. James Fulton, who was convicted of the Attempted Hobbs Act robbery of an alleged local drug dealer, was sentenced to serve 105 months in prison. Preston Fulton, a prior felon, was sentenced to serve 18 months in prison for being a felon in possession of a loaded firearm.

Assistant U.S. Attorney Douglas E. Gregory, who handled the cases, stated that Investigators Anthony Mazurkewicz and Sino Seng were shot in the line of duty on July 21, 2022. Mazurkewicz died as a result of his injuries. In the aftermath of the shootings,  an investigation began into several associates of Kelvin Vickers, the man recently convicted of killing Investigator Mazurkewicz and injuring Investigator Seng.

On September 20, 2022, investigators conducted a vehicle stop of James Fulton as he drove away from a Gothic Street residence. During a search of the vehicle, they recovered  two firearms and ammunition, as well as items commonly utilized in a robbery, including a roll of duct tape, new/unused zip ties, a pry bar, zip ties fashioned into flex cuff style leg and hand restraints, and a black ski mask. At the time of his plea, James Fulton admitted that he intended to rob an alleged drug dealer.

On October 1, 2022, Preston Fulton was given a firearm to hide for co-defendant Brandon Washington. After receiving the firearm, Fulton was followed by investigators to a Ferncliffe Drive residence, where he was observed carrying firearm into the residence.  A search warrant was executed the following day at the residence and investigators recovered a loaded .45 caliber semi-automatic handgun, along with numerous rounds of additional ammunition. Charges remain pending against co-defendant Brandon Washington.    

The sentencings are the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, 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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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Brandon Hayward, 41, a registered sex offender from Canandaigua, NY, pleaded guilty to possession of child pornography following a prior conviction for sexual abuse, before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of 10 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 in November 2021, a search warrant was executed at Hayward’s Canandaigua apartment, related to an investigation involving potential firearms offenses.  During the search, several digital devices were seized from the residence, which were initially forensically analyzed for firearms crimes but were found to contain child pornography. Further examination recovered several images of child pornography, as well as videos that Hayward produced via Skype, in 2017, involving a 16-year-old minor from another state. Hayward is a registered sex offender, following a 2000 conviction for Sexual Abuse in the First Degree. 

The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for March 7, 2024, before Judge Siragusa.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael Fratini, 38, of Dunkirk, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to attempted receipt of child pornography, which carries a mandatory minimum penalty of five years in prison and a maximum of 20 years.

Assistant U.S. Attorneys Aaron J. Mango and Franz M. Wright, who are handling the case, stated that Fratini used his cellular telephone to solicit nude photos and videos of the pre-pubescent daughters of a female acquaintance, whom he met in October 2021 through a dating application. After meeting in person, the female acquaintance did not hear from Fratini again for several months. In March 2022, they spoke over the telephone and Fratini told her that he had a mother/daughter fantasy. He then sent a follow-up text message asking for videos and/or pictures of her daughters to fulfill his fantasies. After receiving the text message, the female acquaintance filed a report with the Sheriff’s Office. At the direction of the Sheriff’s Office, she continued text message conversations with Fratini. On March 18, 2022, investigators surveilled Fratini leaving his workplace at the time, the U.S. Postal Service on Grant Street in Buffalo, and travel to an Amherst hotel where he was expecting to meet the female acquaintance. After arriving at the hotel, Fratini was taken into custody.

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

Sentencing is scheduled for March 18, 2024, at 9:30 a.m. before Judge Vilardo.  

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Tristan Pearson, 26, of Erie, PA, who was convicted of possession of child pornography, was sentenced to serve 96 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between January and May 2018, Pearson knowingly engaged in a sexual relationship with a 15-year-old female (Victim) in the Western District of New York. On two separate occasions, Pearson filmed himself having sexual relations with the Victim using his cellular telephone. Pearson then distributed those videos to others via text message.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Isaiah Spain a/k/a Q, 39, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 10 grams or more of butyryl fentanyl, heroin, fentanyl, and furanyl fentanyl, was sentenced to serve 250 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that in August 2018, The West Seneca Police Department, New York State Police and DEA began investigating Spain’s drug trafficking activities. The investigation determined that Spain conspired with others to sell heroin, fentanyl, butyryl fentanyl and furanyl fentanyl, sales of which were subsequently linked with numerous drug overdoses, including two fatalities.

On November 4, 2017, Amherst Police responded to a 911 call in Williamsville, NY, where they located an unresponsive individual, identified as S.D., who was pronounced  dead at the scene of an apparent drug overdose. The substances used by S.D. were purchased from Spain by another individual and sold to S.D. On August 24, 2018, West Seneca Police responded to a residence for a reported drug overdose. Upon arrival, an individual identified as S.C. was pronounced dead at the scene from an apparent drug overdose. The substances used by S.D. were purchased from Spain.  

Between October 2018, and January 2019, investigators conducted a combined total of 13 controlled buys of suspected controlled substances from Spain. Following each controlled buy, the suspected controlled substance was analyzed and confirmed to contain butyryl fentanyl.

The sentencing is the result of an investigation by the West Seneca Police Department, under the direction of Chief Edward Baker, the New York State Police, under the direction of Major Eugene Staniszewski, 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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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Gabygayl Cruz, 22, of Rochester, NY, who was convicted of transmitting a threat in interstate commerce and possessing and discharging a firearm in furtherance of a crime of violence, was sentenced to serve 130 months in prison by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that on the evening of June 7, 2021, on Facebook Live, Cruz threatened to shoot a man, stating at the end of the video, “Tune-in in five minutes.” Later that night, Cruz and another person went to an area of Rochester where Cruz knew the person she threatened spent time. In a second Facebook Live video, a black screen appeared but 11 gunshots could be heard followed by the sounds of Cruz running and giggling. In a third video, Cruz recounted the earlier shooting, imitated shooting a gun and continued to issue threats to others. On July 1, 2021, Cruz again used Facebook Live to threaten to shoot a woman, displaying a .45 caliber firearm, while issuing the threat. Cruz then went to a Columbia Avenue address in Rochester to confront the woman, but she was not there. While leaving the area, Cruz struck a parked car and fired a shot in the air. Cruz was arrested the next day when she was stopped driving a car in which officers found a loaded .45 caliber semiautomatic pistol, which was the same firearm she displayed in one of the videos.

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 John B. DeVito.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Nathan Follett, 37, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 168 months in prison by Chief U.S. District Judge Elizabeth A. Wolford

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between February 2016, and December 16, 2021, Follett used Instagram, Kik, and Snapchat to engage in sexually explicit communications with 11 minor victims, knowing each victim was under the age of 18. During these conversations, Follett coerced the minor victims to produce images and videos of themselves engaged in sexually explicit conduct and send those images and videos to him via Instagram, Kik, and Snapchat.

The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of Major Miklos Szoczei, II.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Alexander Grupp, 31, of Lancaster, NY, was charged by criminal complaint with attempted enticement and attempted production 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, in November 2022, the FBI received a phone call from Erie County Probation requesting assistance regarding Grupp, a probationer and New York State level 2 sex offender.      A probation officer advised that she seized a laptop from Grupp after he admitted to her that he was enticing minors to produce child pornography through the mobile application Discord. Investigators searched the laptop and recovered conversations sexual in nature and sexually explicit images exchanged between Grupp and a 15-year-old girl (Victim) on Discord.

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

The complaint is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the Erie County Probation Department, under the direction of Commissioner Richard B. Robillard.

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a five-count indictment charging Zaid Mendoza a/k/a Diamond, 45, of Jamestown, NY, with possession with intent to distribute fentanyl and methamphetamine, possession of a firearm in furtherance of drug trafficking crimes and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, in October and December 2022, Mendoza possessed fentanyl and methamphetamine with the intent to distribute it in the Jamestown area. On December 7, 2022, investigators executed a search warrant at Mendoza’s residence and recovered $1,800 cash, approximately 36 grams of fentanyl and a quantity of methamphetamine, a 9mm semi-automatic pistol, drug packaging paraphernalia, and cell phones. Mendoza, who was taken into custody at the scene, had another 36 grams of fentanyl on his person. In October 2014, Mendoza was convicted of a felony in Chautauqua County Court and is legally prohibited from possessing a firearm.

Mendoza was arraigned before U.S. Magistrate Judge Michael J. Roemer and is detained.

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

The indictment is the result of an investigation by the Jamestown Police Department 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, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.

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

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BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Steven Glover, Sr., 39, of Jamestown, NY, with being a felon in possession of a firearm and possession of methamphetamine. The charges carry 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 according to the indictment and a previously filed complaint, 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. On February 22, 2023, a Jamestown Police officer observed Glover in the passenger seat of another vehicle and was aware of his outstanding charges. The officer stopped the vehicle and observed drug paraphernalia a plastic bag containing suspected methamphetamine. Glover was again taken into custody. In 2019, Glover was convicted of a felony in Chautauqua County Court and is legally prohibited from possessing a firearm.

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

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

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, 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.

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 Alicia Torres, 48, of Webster, NY, who was convicted of wire fraud, was sentenced to serve one year in prison by U.S. District Judge David G. Larimer. Torres was also ordered to pay restitution totaling $578,943.86.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Torres was employed at Wegmans Food Market, Inc. for approximately 27 years. Between 2014 and February 2023, she utilized the Enterprise System, which is used to fill customers’ prescriptions, to fraudulently process approximately 350 credit card refund requests in customers’ names with fictitious amounts. The fraudulent refund amounts were based on what Torres observed customers receiving in previous transactions. She then tricked the pharmacist on duty to sign off on and authorize the fraudulent refund requests.  Once refund requests were approved, Torres paid the refund amounts to herself by swiping her bank debit card in Wegmans’ point of sale system. Between 2014 and February 2023, Torres received $568,021.69 in fraudulent refunds. In addition, between 2020 and February 2023, Torres fraudulently used Wegmans gift cards to steal $10,922.17 from Wegmans.

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cody R. Bemish, 30, and Zakary A. Bemish, 22, both of Yorkshire, NY, were arrested and charged by criminal complaint with narcotics conspiracy and distribution of fentanyl and methamphetamine. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, in February 2023, the Drug Enforcement Administration and New York State Police began investigating the drug trafficking activities of Cody and Zakarya Bemish in the Town of Yorkshire. Between March 8 and March 30, 2023, investigators conducted five controlled purchases of fentanyl and methamphetamine from either Cody or Zakary Bemish.  

Cody and Zakary Bemish made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and are detained.

The complaint is the result of an investigation by 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 Eugene Staniszewski.

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 Louis Carusone, 45, of Webster, NY, pleaded guilty to possession of child pornography involving prepubescent minors, before Chief U.S. District Judge Elizabeth A. Wolford.  The charge carries a maximum penalty of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on October 10, 2022, Carusone, who was a high school physics teacher in the Brighton Central School District at the time, shared a video and images containing child pornography in an online peer-to-peer file-sharing network, which were downloaded by an undercover law enforcement officer. The officer then downloaded more files containing child pornography that were shared from Carusone’s IP address over the next few days.

On October 21, 2022, investigators executed a search warrant at Carusone’s Webster residence and seized multiple devices including a cell phone and computer. A forensic analysis recovered more than 2,000 images and videos of child pornography, some of which depicted children as young as five-years-old, and children being subjected to violence and sexual abuse. The forensic analysis further revealed that Carusone surreptitiously recorded and photographed children in public, to include minor female students in his Brighton classroom, and a water park, where he recorded children in bathing suits.

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

Sentencing is scheduled for February 21, 2024, before Judge Wolford.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Halford W. Johnson, 60, of Brockport, NY, pleaded guilty to conspiracy to commit securities fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that between September 2013, and April 2018, Johnson conspired with co-defendant Darin R. Pastor to defraud multiple investors through a publicly traded company named Creative App Solutions, Inc., whose stock was registered with the United States Securities and Exchange Commission. On September 6, 2013, Pastor paid approximately $1,774.10 to purchase approximately 3,548,200 shares of Creative App Solutions’ stock. Pastor became the CEO and changed the company’s name to Capstone Financial Group, Inc. Johnson was appointed Chief Financial Officer of Capstone.

From September 2013, through March 2017, approximately 95 investors purchased Capstone stock for $19,807,303. Johnson and Pastor fraudulently represented to investors and potential investors that Pastor had substantial personal wealth. For instance, they created a Wikipedia page for Pastor claiming that he had a net worth of hundreds of millions of dollars. They also mislead investors and potential investors to believe that their money would be used by Capstone to fund business deals that would generate substantial profits and increase the value of Capstone stock. These business deals included the building of a gas-to-liquid fuel production facility, the selling of gold to Hong Kong and Australian based companies, the selling of livestock, and multi-million-dollar investments by other companies in Capstone, all of which projected revenues of hundreds of millions of dollars.

Defendant Pastor used millions of dollars of investors’ money to pay his personal expenses and fund a lavish lifestyle for himself and his wife, including:

• repaying his personal debt to a securities firm;
• purchasing a house in Clarence, NY, for $1.5 million;
• purchasing a house in Florida for a relative;
• purchasing jewelry worth $294,640; and
• paying for his destination wedding in the Caribbean.

In December 2016, Capstone filed a Form 15 with the SEC terminating Capstone’s duty to file periodic and current reports with the SEC. Johnson and Pastor told investors that this meant Capstone was “going dark.” In April 2017, Capstone offered to buy back shares of Capstone stock from its investors and pay them at least four times the amount they initially paid for the stock. Johnson and Pastor knew that Capstone did not have sufficient money to pay the investors who had accepted the stock buyback offer. In order to further lull investors into believing that Capstone would fulfill its buyback agreements, Capstone made partial payments to investors totaling $6,728,500. The total loss to investors is $19,807,303.

Defendant Pastor was also charged but died in March 2023.

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

Sentencing is scheduled for April 2, 2024, before Judge Vilardo.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Samuel L. Arrington, III, 41, of Jamestown, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin and fentanyl, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the complaint, on October 12, 2023, New York State Parole Officers conducted a detail at Arrington’s King Street residence. Probation officers knocked on Arrington’s door, several minutes later he answered and exited onto the front porch, and probation officers conducted a “pat down” of Arrington but found no contraband. Probation officers then searched a bedroom in the residence and recovered quantities of suspected cocaine and fentanyl, a large amount of cash, a shotgun, and ammunition. Subsequently,  the Chautauqua County Narcotics Unit, Jamestown Metro Drug Task Force, and probation officers executed a search warrant at the residence, recovering another firearm, a .38 caliber revolver.

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 complaint 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 John B. DeVito, Special Agent-in-Charge, New York Field Division, the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson, the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

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 Reginald E. Alexander, 60, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, fentanyl and being a felon in possession of a firearm and ammunition, was sentenced to serve 150 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that in 2003, Alexander was convicted of a felony in Erie County Supreme Court, and is legally prohibited from possessing a firearm and ammunition.

On December 30, 2020, Alexander called 911 to report that an individual identified as N.P. was present and unresponsive in his Moselle Street residence. When first responders and Buffalo Police Officers arrived a short time later, N.P. was pronounced dead. Prior to N.P.’s death, N.P. consumed fentanyl which Alexander possessed for distribution in his apartment. Subsequently, investigators recovered approximately 17 grams of fentanyl, drug paraphernalia, $3,798.00, and a 9mm semi-automatic pistol and ammunition from Alexander’s apartment.

On February 18, 2021, an individual identified as J.M. contacted Alexander by text message to purchase fentanyl. The two met on Main Street in Buffalo, where Alexander gave J.M. fentanyl. J.M. returned home, used the fentanyl, and was subsequently located by family members unconscious. First responders were called and administered Narcan and CPR to J.M., who was then transferred to a hospital where he later died.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, the Hamburg Police Department, under the direction of Chief Peter Dienes, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Bureau of Alcohol, Tobacco, and Firearms, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.  

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BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that the Justice Department has awarded grant funding to 26 municipalities, school districts and human service organizations totaling $16,440,491 to support criminal justice initiatives across the Western District of New York.

“Agencies in the Western District of New York have been granted a total of $16,440,491, including school districts, police departments, social service agencies, and local governments across the 17 counties in the district,” stated U.S. Attorney Ross. “This funding will address several issues impacting our communities, including gun violence, domestic violence, sexual assaults, and the mental health needs of children. Of significant importance, more than $7,000,000 will be spent on addressing the needs of victims of crimes, including $3,889,303, which will be used to provide services to those directly impacted by the Tops mass shooting tragedy that resulted in the deaths of 10 members of our community.” 

Grants have been awarded to address the following areas:

Victims Services:

• The Community Health Center of Buffalo has been awarded $3,889,303 to provide services to those impacted by the mass shooting on May 14, 2022, in Buffalo.
• Monroe County has been awarded $800,000 to continue improving the county’s criminal justice system response to domestic violence, dating violence, sexual assault, and stalking.
• The YMCA of Jamestown has been awarded $600,000 to support the Justice for Families Program. The YWCA Jamestown will collaborate with the Unified Court System Eighth Judicial District, and the Salvation Army New Center, to support supervised visitation and safe exchange efforts.
• The Family Justice Center of Erie County, Inc has been awarded $450,000 to continue improving the organization’s response to domestic violence, dating violence, sexual assault, and stalking.
• Coordinated Care Services, Inc. of Rochester has been awarded $400,000, which will be used to support Rise Up Rochester and its efforts to ensure safe housing for victims of gun violence and their families, and provide advocacy throughout the court process.
• Niagara University has been awarded $400,000 to collaborate with the YWCA of the Niagara Frontier, Pinnacle Community Services, the Seven Dancers Coalition, the Niagara County Sheriff’s Office, and the New York State Police in combatting domestic violence, dating violence, sexual assault, and stalking on campus.
• The Research Foundation for the State University of New York at Geneseo has been awarded $400,000 to work in collaboration with RESTORE, Chances & Changes, Inc., the Village of Geneseo Police Department, and the Livingston County District Attorney’s Office to combat domestic violence, dating violence, sexual assault, and stalking on campus.
• D’Youville College has been awarded $399,728 to collaborate with Suicide Prevention & Crisis Services, Inc., and the New York State Police to combat domestic violence, dating violence, sexual assault, and stalking on campus.

Services for Youth:

• The Sodus Central School District has been awarded $1,000,000 to work with the Wayne County Partnership and Ibero to better support migrant farmworkers and their families in Wayne County.
• The Lyons Central School District has been awarded $998,874 for its Resiliency, Equity, and Safety Initiative, which will address the daily challenges of youth face in a high needs rural region.
• The Wayne-Finger Lakes Board of Cooperative Educational Services has been awarded $999,987 to serve at-risk students and their educators in 25 school districts across Wayne, Seneca, and Ontario Counties, with a focus on social-emotional and mental health risks.
• The North Rose-Wolcott Central School District has been awarded $998,826 for the Improving School Safety through Early Intervention Initiative, a program that will focus on 9th and 10th grade students at risk of not graduating on time or dropping out of high school.
• The Elba Central School District has been awarded $625,000 to hire a social worker to expand mental and behavioral health services.
• The Frontier Central School District has been awarded $125,774 for anti-violence training programs for staff, administrators, and students at six school sites, four elementary schools, one middle school, and one high school.

Law Enforcement Initiatives:

• Monroe County has been awarded $526,741 and Erie County has been awarded $819,884 to address of backlog of DNA analysis cases in the Monroe County Crime Laboratory the Erie County Forensic Laboratory.
• Niagara County has been awarded $500,000 to address the backlog of cases in the Niagara County Sheriff’s Office Forensic Laboratory. Since 2017, the Toxicology – Postmortem caseload has increased 45% and the Firearms caseload has increased 126%.
• Wayne County has been awarded $299,907 to hire a community resource officer in the Wayne County Sheriff’s Office, who will guide the development of collaborations to reduce violence, especially intimate partner violence, drug-related violence, and youth violence.
• The City of Buffalo has been awarded $284,913, which will be used to support additional police patrols at select large-scale events to protect attendees from terroristic threats and/or gun violence. The funds will also be used by Erie County to support an Assistant District Attorney for juvenile justice prosecution, the Town of Amherst to purchase technology upgrades for police vehicles, and the Town of Cheektowaga to provide extra police patrols in hot spot areas to reduce crime.
• The City of Rochester has been awarded $175,205, which will be used by the City of Rochester and Monroe County to support the efforts of the Crisis Intervention Services unit.
• The Rochester Institute of Technology has been awarded $143,958, which will be used to reduce gun violence in the City of Buffalo through the Project Safe Neighborhoods Program, which is administered by RIT.
• The University of Rochester has been awarded $64,003 for research efforts into AI-powered audio generation and the use of deepfakes for criminal activities, as well as the development of audio deepfake detection.
• The City of Niagara Falls has been awarded $38,562, which will be used to continue to support two part time police liaisons to enhance communication between the community and the police, and to replace outdated handheld radios.
• The City of Jamestown has been awarded $20,694, which will be used by the Jamestown Police Department to purchase and implement an additional deployable pole camera system.

Reentry and Recidivism Initiatives:              

• PathStone of Rochester has been awarded $750,000 to develop and implement a comprehensive community-based adult reentry program to serve incarcerated individuals incarcerated eligible for release within 90 days. These individuals will be served by the transition to Tomorrow (T2T) program.
• The Ontario County Economic Development Corporation has been awarded $729,132, to support the Finger Lakes Treatment Court, which is a post-plea, presentence court serving veterans and drug court participants.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Eric Passalacqua, 37, of Phelps, NY, who was convicted of receipt and distribution of child pornography, was sentenced to serve 20 years in prison, 15 years of supervised release, and ordered to pay $21,000 in restitution by U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on January 20, 2023, the FBI in Rochester received information from the FBI in Anchorage Alaska, that an individual located in Phelps, NY, may have been responsible for exchanging child pornography with an individual in Alaska. Subsequent investigation determined that individual was Passalacqua. On January 24, 2023, a search warrant was executed at Passalacqua’s Phelps residence. A forensic examination of his phone recovered over 600 images of child pornography, including images that Passalacqua produced depicting a minor victim. Passalacqua also admitted to producing images of another minor victim.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia and the Anchorage Office of the FBI, under the direction of Special Agent-in-Charge Antony A. Jung.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Paul Paredes, 52, of Rochester, NY, was arrested and charged by criminal complaint with wire fraud, money laundering and aggravated identity theft. The charges carry a mandatory minimum penalty of two years in prison, a maximum of 20 years and a $500,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, since 2013, Paredes has owned J&E Business Consulting LLC, which provides merchant services to client businesses, including acting as a broker between the credit card processing companies and smaller retail businesses. Small businesses provide J&E with their financial information, such as the owner’s identifying information, including driver’s license, social security number, and email, as well as bank account information.

In January 2023, the FBI received information that a financial lending company (Victim 1) made numerous loans to customers of J&E, known as “equipment financing” loans. These loans were paid out to J&E’s bank account for supposed equipment sold to victim businesses, who supposedly applied for and agreed to the repayment terms of the loan in exchange for getting the equipment. However, only a very few repayments were made on the loans, and subsequent investigation by Victim 1 determined that customers had never applied for nor agreed to any such loan, nor had they acquired or had any knowledge of the specified equipment. In the instances in which repayments had been made, these customers were either unaware of them, or had been told by Paredes that the payments were for a different purpose.

According to the complaint, between May and November 2022, Paredes fraudulently submitted approximately 42 loan applications using the identities of approximately 31 individuals to Victim 1 and, as a result, the victim paid approximately $2,000,000 to J&E. The money was used for loan repayments to Victim 1 and other loan companies, as well as personal expenses such as credit cards, travel, and vehicles. Just four percent of victim funds were utilized for business-related expenses.

Paredes made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on October 18, 2023.

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 Internal Revenue Service, under the direction of Special Agent-in-Charge Thomas Fattorusso, and the New York State Department of Financial Services-Criminal Investigation Bureau, under the direction of Superintendent Adrienne A. Harris.

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 Kenyatta Phipps, 47, of Rochester, NY, who was convicted of wire fraud, was sentenced to serve 24 months in prison and pay restitution totaling $376,747.23 by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that in February 2020, Phipps filed a federal income tax return for the tax year 2019, reporting wages and interest income of $13,273.00, which resulted in a refund of $696. In August 2020, Phipps attempted four times to file a second 2019 federal income tax return on which he falsely reported  additional income he earned in the amount of $333,522 from a company he operated called Platinum Express Cleaning. If the returns were accepted Phipps would have received a fraudulent tax refund of $164,951. After all four attempts were rejected by the IRS, in September 2020, Phipps filed a fraudulent amended federal income tax return for the year 2019, which was accepted by the IRS. In the fraudulent return, Phipps falsely reported that Platinum Express Cleaning received gross receipts of $455,734 from Eastman Kodak Company and had taxes withheld from such income of more than $355,000. This resulted in Phipps receiving a fraudulent tax refund and tax loss to the IRS of $186,570. 

In addition to defrauding the IRS, Phipps used information from the false tax returns to submit three fraudulent loan applications in the name of Platinum Express Cleaning to the Small Business Administration (SBA) in attempts to obtain COVID relief funding through the Economic Injury Disaster Loans (EIDL) program provided by the 2020 CARES Act. Phipps also falsely stated on the EIDL loan applications that Platinum Express Cleaning had more than 120 employees which would have qualified his company for $573,200 on EIDL program loans.  Prior to funding the EIDLs program loans, the SBA discovered the fraudulent loan applications and did not fund the loans.

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Ostolski, 55, of North Tonawanda, NY, was arrested and charged by criminal complaint with conspiracy to distribute oxymorphone. 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 Ostolski is a nurse practitioner working at Acacia Family Health in Lockport, NY, and is authorized to prescribe and dispense controlled substances. According to the complaint, Ostolski over-prescribed oxymorphone dosage units to select individuals who were patients, who then agreed to sell all or a portion of the prescribed pills for a financial profit. The patients were expected to give Ostolski the profits from the sale during their next office visit. The office visits were being billed to insurance including Medicare and Medicaid. Data from the New York State Department of Health Bureau of Narcotics Enforcement shows that between August 2021, and September 2023, Ostolski prescribed his co-conspirator patients collectively approximately 123 controlled substance prescriptions of oxymorphone, totaling in excess of 13,000 oxymorphone pills.

During the course of the investigation, investigators conducted several controlled purchases of oxymorphone from Ostolski, and multiple controlled office visits with Ostolski, during which he received cash payments.

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

The complaint is the result of an investigation by the Drug Enforcement Administration, Buffalo Resident Office, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Lockport Police Department, under the direction of Chief Steven Abbott, and the Niagara Falls Police Department, under the direction of Chief John Faso. Additional assistance was provided by the Bureau of Alcohol, Tobacco, and Firearms, The New York State Attorney General’s Office, and New York State Department of Health Bureau of Narcotic Enforcement. 

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 Frederick Trivitt, 63, of Newark, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography involving a prepubescent minor, which carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on January 4, 2023, Trivett possessed a laptop, which contained 368 images and 26 videos of child pornography. Some of the images and videos depicted prepubescent minors and included violence or the sexual abuse of an infant or toddler. Trivitt also admits that he engaged in a pattern of activity involving the sexual abuse of a minor for approximately seven years.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the New York State Police, under the direction of Major Brian Ratajczak. Additional assistance was provided by the Wayne County District Attorney’s Office.   

Sentencing is scheduled for February 1, 2024, at 9:30 a.m. before Judge Siragusa.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Rech, 52, of North Chili, NY, who was convicted at trial of 37 counts of bank fraud, wire fraud, and money laundering, was sentenced to serve 57 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Meghan K. McGuire and Sean C. Eldridge, who handled the prosecution of the case, stated that Rech was the Director, President, and CEO of Guardian of Humanity, Inc., a nonprofit corporation, as well as the sole member of Eclipse, a limited liability company. Rech applied for eight different Payroll Protection Program loans, fraudulently claiming that Guardian and Eclipse had employees and that he had been paying wages to these employees, which qualified him for the PPP loans. In total, he attempted to obtain over $880,000 in PPP funds. Subsequent investigation revealed that Rech’s companies did not have any employees and did not pay wages to anyone. Rech himself was unemployed and collecting unemployment benefits from the State of New York at the time.

Rech received three PPP loans totaling approximately $277,500. Once he received the loans, Rech took the money out of the bank in amounts less than $10,000 to avoid federal reporting requirements. The Internal Revenue Service recovered all of the funds from two safes in Rech’s home and a bank account that Rech had sole control over. As a result of the trial, all $277,500 was forfeited back to the government.

The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Small Business Administration.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Timothy Douglas, 63, of Jamestown, NY, was arrested and charged by criminal complaint with production of child pornography, which  carries a mandatory minimum penalty of 25 years in prison and a maximum of 50 years.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, on August 12, 2023, a customer at a grocery store in Jamestown found a blue Moxee phone sitting on a table in the entryway to the store and turned it over to a store employee, who took it to the security office. The employee unlocked the phone, noticed that the photo gallery was open, and observed a naked photo of a juvenile female, approximately 5-6 years old. The employee decided to wait until the next day to contact the store’s General Manager. The next day another employee saw the phone in the security office, unlocked it, observed another photo of a naked minor female, and called the Jamestown Police. Subsequently, investigators executed a search warrant on the phone and recovered images and videos of child pornography, and traced the phone to Douglas, a New York State Registered Sex Offender. Douglas was convicted in 2003 of multiple child sexual abuse charges. A total of three minor victims have been identified.

The complaint is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson and the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a four-count indictment charging Brian A. Smith, 49, of Buffalo, NY, with four counts of wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that Smith, owner of B Smith and Companies, LLC, received two Paycheck Protection Program (PPP) loans and one Economic Injury Disaster Loan (EIDL), which were administered by the Small Business Administration to assist small businesses during the COVID-19 epidemic. According to the indictment and a previously filed complaint, Smith submitted false documentation to the SBA and/or the financial institutions administering the PPP program, completing loan applications with fictious gross receipts, cost of goods sold, and payroll for businesses under his control. Smith is also accused of filing false tax returns misrepresenting his income to receive COVID relief loans for which he would not otherwise qualify. Smith personally received approximately $119,633.00 in EIDL and PPP loans, which he deposited into bank accounts that he controlled. The funds were ultimately used for personal expenditures at adult entertainment clubs, hotels, restaurants, cash withdrawals, and on retail goods.

In October of 2010, Smith was convicted of wire fraud in the Eastern District of Missouri and served 10 months in prison. In September 2012, Smith was convicted of wire and bank fraud in the Western District of New York and was sentenced to 63 months in prison. In September 2019, Smith was sentenced to serve an additional nine months in prison after violating the terms of his supervised release.  

The indictment is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Thomas Fattorusso 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 Eugene R. Criss, Jr., 55, of Elmira, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography by an individual with a prior sex offense conviction, which carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in July 2013, Criss was convicted of Criminal Sex Act – 1st Degree – Victim Less Than 11 Years Old. On April 5, 2023, Criss possessed a cellphone, a thumb drive, a tablet, and a laptop, which contained over 1,000 images and videos of child pornography, some of which depicted prepubescent children engaged in sexually explicit conduct and violence or the sexual abuse of an infant or toddler.

The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for February 5, 2024, before Judge Siragusa.      

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U.S. Attorney Trini E. Ross announced today that Brandon Loyd, 27, pleaded guilty before U.S. District Judge Richard J. Arcara to escape from the Lighthouse Buffalo Residential Reentry Center. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney P. Richard Antoine, who is handling the case, stated that in May 2017, Loyd was convicted of bank robbery by use of a dangerous weapon and brandishing a firearm in furtherance of a crime of violence, and sentenced to serve 85 months in prison. In September 2021, Loyd was transferred to the Lighthouse Buffalo Residential Reentry Center. On December 18, 2021, Loyd walked out of the center with all his belongings without authorization. Later that day, during a telephone call, a staff member instructed Loyd to return. He replied, “I’m going out of state, and they are going to have to extradite me.” Following the conversation, Loyd was placed in “escape status” until his arrest on December 24, 2021, by the United States Marshals Service.

The plea is the result of an investigation by the United States Marshals Service, under the direction of Marshal Charles Salina.

Sentencing is scheduled for December 21, 2023, before Judge Arcara.   

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ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Reginald Cannon, 55, of Rochester, NY, who was convicted of wire fraud, was sentenced to two years’ probation, fined $200,000, and ordered to pay restitution totaling $315,944.    

Assistant U.S. Attorneys Richard A. Resnick and Kyle P. Rossi, who handled the case, stated that Cannon is president of Burnett Process, Inc., a Rochester based company, which, in May 2015, received a five-year contract from the United States Army to produce M98 Gas Particulate Filters. These filters are used by the Department of Defense in a wide range of military systems, such as shelters, mobile hospitals, and US Navy ships, to protect military personnel from chemical, biological, radiological, nuclear, and explosives threats. As fresh air is coming into a system, the filters push out potentially toxic substances. If the filters are not functioning properly, contaminants can get in, putting military personnel at risk. The contract, which was signed by Cannon, required that Burnett Process submit a report certifying that the supplier of the filter paper used to manufacture the M98 Filters complied with the material specifications listed in the contract. The contract also required that Burnett Process use one of two companies located in the United States whose filter paper met strict military specifications for such filter paper, or another company if such filter paper was properly tested, passed all the military specifications included in the contract, and was approved by the Army.

In September and October 2019, the Army ordered 3,650 M98 Filters at a cost of $315,944. When manufacturing these filters, Burnett Process used much cheaper filter paper from a company located in China that had not been properly tested, had not met the material specifications set forth in the contract, and had not been approved by the Army.  By using the untested and unapproved cheaper filter paper, Burnett Process’ total cost to manufacture the filters was less than it should have been, which resulted in more profits for Burnett Process. Despite knowing that the proper filter paper was not used, Gannon still certified to the Army that the filter paper used was from one of the two approved filter paper suppliers in the United States. 

“This defendant attempted to cut costs and increase his profits by using products that were not in compliance with the contract entered into by Burnett Process Inc. with the United States Military,” stated U.S. Attorney Ross. “Working with our investigative partners, this deception was uncovered before it caused harm to members of our military and this defendant, along with Burnett Process, have been held accountable for their actions.”

“There must be consequences for companies and individuals who not only defraud the U.S. government and taxpayers, but potentially put our warfighters at risk,” said Matthew Scarpino, Special Agent-in-Charge of Homeland Security Investigations Buffalo. “HSI will continue to leverage its unique investigative authorities to further these investigations along with our partners within the Department of Defense and Department of Justice.”

“Protecting the integrity of the Department of Defense procurement process and supply chain is a priority for the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” stated Special Agent-in-Charge Patrick J. Hegarty, DCIS Northeast Field Office. “We will continue to protect our nation's military members from unnecessary harm and work with our law enforcement partners to hold individuals and companies accountable for providing substandard, substituted products to the U.S. military.”

“Fraudulent activities by employees or contractors who work with the U.S. Army will not be tolerated,” said Supervisory Special Agent Michael Conner of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office, Northeast Fraud Resident Agency. “Resolutions such as this one shows our resolve in bringing to justice those who would seek to defraud the U.S. Government and put the safety of our Soldiers at risk.”

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Department of Defense, Office of Inspector General’s, Defense Criminal Investigative Service, under the direction Special Agent-in-Charge Patrick J. Hegarty, Northeast Field Office, and the Department of the Army Criminal Investigation Division, Major Procurement Fraud Field Office, Acting Special Agent-in-Charge Michael Curran.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joseph Perez, 23, of Rochester, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 15 years in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in November 2020, Twitter reported that one of its users uploaded four images of child pornography to the Twitter site. Subsequent investigation traced the images to a Twitter account belonging to Perez. On November 5, 2021, investigators seized Perez’s electronic devices, including a cellular phone, which contained approximately 125 videos of child pornography. Some of the videos included children under the age of 12 engaged in sexually explicit conduct. At the time of his federal arrest, there was an active arrest warrant for Perez out of Potter County, Texas. As a part of his federal plea, Perez admits that he sexually abused a minor victim in the State of Texas on more than two occasions.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the New York State Police, under the direction of Major Eugene Staniszewski. Additional assistance was provided by the Monroe County District Attorney’s Office.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Legend Terrance Davis, 20, and Nathan Romar Arnold, 23, both of Rochester, NY, and Blake Montel Crayon, 27, of Willoughby, OH, were arrested and charged by criminal complaint with possession of a US Postal Service key and theft of mail. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, since January 2023, the U.S. Postal Inspection Service in Rochester office has been investigating a string of robberies involving the theft of postal mailbox keys. According to the complaint, early this morning, October 2, 2023, Postal Inspectors were headed to investigate a report that a blue USPS collection box across from the Brighton Station Post Office had been opened. On the way, they noticed two individuals walking in the direction of the Greece Post Office on Latta Road. The descriptions of those two individuals matched descriptions of suspects in previous robberies. A short time later, the Postal Inspectors noticed mail scattered on the ground near a Greece Post Office collection box. A review of video surveillance showed that the two suspects who allegedly robbed the collection box appeared to be the same ones that were seen walking down Latta Road.

Subsequently, at approximately 2:35 a.m. this morning, three collection boxes at the Jefferson Road Post Office were being robbed. At that time, Postal Inspectors conducting surveillance approached with lights and sirens. Defendants Davis and Arnold ran away but were apprehended following a brief foot chase. A third defendant, Crayon, who was driving the getaway car, was also taken into custody.

The complaint is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Inspector in Charge Ketty Larco-Ward, Boston Division, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Greece Police Department, under the direction of Chief Michael Wood.

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 Erik Hjemdahl-Monsen, 46, of Springville, NY, was arrested and charged by criminal complaint with possession and distribution of child pornography. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years in prison.

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the complaint, in December 2022, the National Center for Missing and Exploited Children (NCMEC) alerted the New York State Police about an image of child pornography that had been uploaded on the Kik application. The NYSP began investigating and traced the image to Hjemdahl-Monsen, an Emergency Room Nurse at Oishei Children's Hospital. On Sept. 21, 2023, investigators executed a search warrant at Hjemdahl-Monsen’s residence and seized 10 items. During the search, investigators found a video containing child pornography video on Hjemdahl-Monsen’s iPhone that appeared to be stored on the device since 2020. On Sept. 29, 2023, the NYSP alerted the FBI and turned over the 10 items seized during the search warrant. A further review of Hjemdahl-Monsen's iPhone recovered several more videos containing child pornography.

Hjemdahl-Monsen made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on October 5, 2023, at 11:00 a.m.

The complaint is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski, and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

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

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Israel Rivera-Reyes, 48, of Rochester, NY, who was convicted of production of child pornography, was sentenced to serve 292 months in prison by Chief U.S. District Judge Elizabeth A. Wolford. 

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between August 2021 and February 2022, Rivera-Reyes had sexual intercourse with a Minor Victim on an almost daily basis, knowing that the victim was a minor. During this time, Rivera-Reyes produced multiple videos of himself engaging in sexual intercourse with the Minor Victim. At the time of his arrest, Rivera-Reyes was on parole for a March 1995 conviction of Murder 2nd Degree.

The sentencing is a result of an investigation by the Irondequoit Police Department, under the direction of Chief Scott Peters, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. Additional assistance was provided by the Monroe County District Attorney’s Office.

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ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Michael Alan Jones, 24, of Charlotte, North Carolina, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to time served (10 months) by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that in February 2019, Jones was convicted in Alamance County, North Carolina, of two felony crimes, and as a result is legally prohibited from possessing firearms and ammunition. On March 19, 2022, in the Town of Leroy, in Genesee County, Jones possessed a semiautomatic rifle and ammunition in a vehicle in the vicinity of Route 33 and Griswold Road and School Road.

The sentencing is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William Sheron, Jr., 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 Michael Regan, 41, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, 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 Caitlin M. Higgins, who is handling the case, stated that in August 2020, Regan took a sexually explicit photo of Minor Victim 1 using his cellular telephone. Also in August 2020, during communications over the social media application TextNow, Regan directed Minor Victim 2 to send him sexually explicit images of herself. Regan then met Minor Victim 2 to engage in sexual contact. After the sexual contact, Regan instructed Minor Victim 2 not to tell anyone or he would come to her house. Minor Victim 2 felt threatened by Regan’s statement.

The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for January 25, 2024, before Judge Sinatra.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David G. Jakubonis, 44, of Fairport, NY, pleaded guilty before U.S. Magistrate Judge Marian W. Payson to assaulting a federal officer, which carries a maximum penalty of one year in prison and a $100,000 fine. 

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that on July 21, 2022, during a campaign event in Perinton, NY, Congressman Lee Zeldin gave a speech from the bed of a flatbed trailer. During the speech, Jakubonis walked onto the trailer, approached the Congressman, extended a keychain with two sharp points toward him and grabbed his arm. A struggle then ensued between Congressman Zeldin and Jakubonis and, as bystanders intervened, Jakubonis pulled Congressman Zeldin down onto the bed of the trailer, stating several times during the assault, “you're done.” Jakubonis was subdued and arrested.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the U.S. Capitol Police, under the direction of Assistant Special Agent-in-Charge Chad Beckett, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the New York State Police, under the direction of Major Brian Ratajczak, the Rochester Police Department, under the direction of Chief David Smith and the Brighton Police Department, under the direction of Chief David Catholdi.  

Sentencing is scheduled for December 14, 2023, at 3:30 p.m. before Judge Payson.

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BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Jonathan DiPirro, 33, of Depew, NY, pleaded guilty before U.S. District Judge John L. Sinatra to distribution of acetyl fentanyl and fentanyl causing death, which carries a mandatory minimum penalty of 20 years in prison, a maximum of life, and a fine of $1,000,000.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on Nov. 1, 2019, DiPirro sold controlled substances to an individual identified as J.L. During the morning hours of Nov. 2, 2019, emergency personnel arrived at J.L.’s residence and determined J.L. was deceased.  An autopsy by the Erie County Medical Examiner’s Office determined the cause of death to be acute mixed drug intoxication, to include acetyl fentanyl, fentanyl, and cocaine. On March 4, 2020, at approximately 3:00 p.m., DiPirro sold controlled substances to an individual identified as S.L. At approximately 4:53 p.m., emergency personnel arrived at S.L.’s residence and determined S.L. to be deceased. An autopsy determined the cause of death to be acute mixed drug intoxication, to include acetyl fentanyl and fentanyl. 

In addition, between approximately Oct. 2019, and March 24, 2020, DiPirro conspired with his co-defendant, Sarah Szymanski, and others, to sell acetyl fentanyl and fentanyl. In February 2020, investigators conducted four controlled purchases of controlled substances from DiPirro. Sarah Szymanski was previously convicted and is awaiting sentencing.

The plea is the result of an investigation by the Lancaster Police Department, under the direction of Chief William Gummo; the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Brian Gould; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major Eugene Staniszewski; 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 March 26, 2024, at 9:30 a.m. before Judge Sinatra. 

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ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Jancarlos Gonzalez-Rivera a/k/a Los, 37, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and distribute, 400 grams of more of fentanyl, for his role as the leader of a large and long-standing illegal narcotics ring operating in the Rochester area, was sentenced to serve 210 months in prison by Chief U.S. District Judge Elizabeth A. Wolford. Gonzalez-Rivera was also ordered to forfeit three firearms, $225,000 in cash, and jewelry seized from his house valued at approximately $118,000. 

Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that between May 2018, and April 30, 2020, Gonzalez-Rivera conspired with others to sell fentanyl. Gonzalez-Rivera’s role in the conspiracy included communicating with his suppliers to arrange for fentanyl deliveries, arranging for drugs and drug proceeds to be stored at locations in the Rochester area, including 79 Branch Street, bagging and processing fentanyl for distribution to customers and co-conspirators, distributing fentanyl to others, and receiving and storing cash proceeds from the distribution of fentanyl. On April 30, 2020, numerous search warrants were executed in connection with the investigation, including at one of Gonzalez-Rivera’s stash houses where investigators seized approximately 982 grams of fentanyl and 67 grams of heroin, three handguns, drug paraphernalia, and approximately $225,000 in cash. At Gonzalez-Rivera’s residence, investigators found approximately $9,800 and numerous pieces of jewelry, including two Rolex watches valued at $55,000 and $35,000.

The sentencing is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Rochester Police Department, under the direction of Chief David Smith, the New York State Police, under the direction of Major Brian Ratajczak, the Greece Police Department, under the direction of Chief Michael Wood, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, the U.S. Marshal Service, under the direction of Marshal Charles Salina; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Ontario County Sheriff’s Office, under the direction of Sheriff David Cirencione, and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci. Additional assistance was provided by the Drug Enforcement Administration, Buffalo and Syracuse Resident Offices.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Ivan Morales, 48, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra. Jr. to possession with intent to distribute 500 grams or more of cocaine and being a felon in possession of firearms. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and an $8,000,000 fine.

Assistant U.S. Attorneys Louis A. Testani and Casey Chalbeck, who are handling the case, stated that on October 13, 2022, law enforcement officers executed a search warrant at Morales’s Ideal Street residence and seized suspected marijuana, a digital scale, and approximately $2,546.00 in U.S. currency. They also searched a Shanley Street apartment associated with Morales and seized approximately 1.5 kilograms of cocaine of cocaine, 12 clear bags containing cocaine, suspected MDMA pills, eight firearms, numerous magazines and ammunition, drug paraphernalia, and 250 $100 bills, for a total of $25,000.00 in U.S. currency. In 1998, 2004, 2006, and 2020, Morales was convicted of felonies in state and federal court and is legally prohibited from possessing firearms.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

Sentencing is scheduled for January 16, 2024, before Judge Sinatra.

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Anthony J. Alello, Jr., 32, of Albion, NY, who was convicted of possession of child pornography, was sentenced to serve 132 months in prison and 35 years of supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in January 2022, an undercover FBI agent began communicating with Alello online using the Kik application. During these communications, Alello sent the agent links to cloud storage folders that contained child pornography. One folder contained approximately 2,484 videos of child pornography, and another folder contained approximately 45 videos of child pornography.  On March 24, 2022, the FBI executed a search warrant at Alello’s residence and seized his cellular telephone. A subsequent forensic examination recovered approximately 1,744 images and six videos of child pornography, some of which depicted pre-pubescent children and violence against children.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Albion Police Department, under the direction of Chief David Mogle, and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger. 

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Ivan Morales, 48, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra. Jr. to possession with intent to distribute 500 grams or more of cocaine and being a felon in possession of firearms. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and an $8,000,000 fine.

Assistant U.S. Attorneys Louis A. Testani and Casey Chalbeck, who are handling the case, stated that on October 13, 2022, law enforcement officers executed a search warrant at Morales’s Ideal Street residence and seized suspected marijuana, a digital scale, and approximately $2,546.00 in U.S. currency. They also searched a Shanley Street apartment associated with Morales and seized approximately 1.5 kilograms of cocaine of cocaine, 12 clear bags containing cocaine, suspected MDMA pills, eight firearms, numerous magazines and ammunition, drug paraphernalia, and 250 $100 bills, for a total of $25,000.00 in U.S. currency. In 1998, 2004, 2006, and 2020, Morales was convicted of felonies in state and federal court and is legally prohibited from possessing firearms.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

Sentencing is scheduled for January 16, 2024, before Judge Sinatra.

ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Jeffrey Swartz, 41, of Rochester, NY, was arrested and charged by criminal complaint with possession of child pornography by an individual with a prior sex offense, which carries a mandatory minimum penalty of 10 years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in October 2009, Swartz was convicted in New York State Court of Rape 3rd: Victim Less than 17 Years Old. In September 2010, he was convicted in Federal Court of attempted production of child pornography and sentenced to serve 180 months in prison. In January 2020, Swartz was released from prison and began a 15-year term of supervised release. A condition of his release was that he must obtain authorization to use any internet accessible device and he must submit to monitoring of any such authorized device. In August 2023, the FBI was notified that Swartz was viewing child pornography on a monitored cellular telephone, which was confiscated by U.S. Probation. A review of the phone recovered images and videos of child pornography.  

Swartz made an initial appearance before U.S. District Judge David G. Larimer and was detained.

The complaint is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the U.S. Probation Department, under the direction of Chief Probation Officer Timothy Englert.  

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 Mohammed Uddin, 36, of Buffalo, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 72 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Uddin engaged in sexually explicit online and text communications with an undercover law enforcement officer, who he believed was a 13-year-old girl. Over a period of approximately three weeks, Uddin discussed engaging in sexual relations with the child, sent pornography to the child, talked about taking the child’s virginity, attempted to induce the child to produce and send him sexually explicit photos and videos, and formed a plan to meet the child at her Rochester home for sex. On August 18, 2022, Uddin traveled from Cheektowaga to an address in Rochester that he believed was the child’s residence and was immediately taken into custody, at which time investigators located Uddin’s cell phone and candy that he purchased as a gift for the child. 

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Kevin S. Wise, Jr., 33, of Wilson, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession with intent to distribute marijuana, being a user of a controlled substance in possession of firearms, and being a felon in possession of firearms. The charges carry a maximum penalty of life in prison and a $1,000,000 fine.

On September 6, 2020, Wise was arrested following a traffic stop on a domestic complaint for two counts of Aggravated Harassment. Subsequently, a search warrant was executed at his two residences on Youngstown Road in Wilson, including vehicles located on the properties. During the searches, investigators recovered 23 firearms, 18,446 rounds of ammunition, ammunition, firearms parts, approximately 374 grams of marijuana, a quantity of MDA, psilocybin mushrooms, two digital scales, and $2,717.00 in U.S. currency. Law enforcement also located 11 marijuana plants and observed multiple trail cameras positioned throughout the back yard, woods, and location of the marijuana plants. Wise admits that, at the time of his possession of the firearms, he was an unlawful user of marijuana and methamphetamine.

On August 1, 2022, investigators executed another search warrant at one of Wise’s Youngstown Road residences in Wilson. Wise was on federal pre-trial release at the time of the search. During the search, law enforcement recovered seven additional firearms, approximately 3,692 rounds of ammunition, numerous firearms parts and accessories, drug paraphernalia and suspected marijuana and THC products. Wise was convicted of a felony in Niagara County  in October 2014 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 Niagara County Sheriff’s Office Drug Task Force, under the direction of Sheriff Michael Filicetti; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpinato.

Sentencing is scheduled for December 13, 2023, at 9:00 a.m. before Judge Skretny.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jessy Santos, 30, of Niagara Falls, NY, who was convicted of production of child pornography, was sentenced to serve 240 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Maeve E. Huggins, who handled the case, stated that on June 23, 2016, Santos produced a digital recording of himself engaged in sexual conduct with an eight-year-old minor victim in his care. Santos used a cellular telephone to record the conduct.  

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, the Niagara County Sheriff’s Office, under the  direction of Sheriff Michael Filicetti, the Cheektowaga Police Department, under the direction of Chief Brian Gould, and the Tonawanda Police Department, under the direction of Chief James Stauffiger.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Randall Seeley, Jr., 45, of Lyons, NY, was arrested and charged by criminal complaint with production, receipt, and possession of child pornography, and online enticement of a minor. The charges carry a minimum penalty of 15 years in, a maximum term of life, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in July 2023, the New York State Police in Lyons received a report that Seeley had been involved in sexually explicit online communications with a 13 to 14-year-old minor.  An investigation led to the execution of a search warrant in August 2023, at Seeley’s residence. A review of the minor’s social media accounts revealed sexually explicit communications between Seeley and the minor going back as far as July 2022. A preliminary forensic analysis of Seeley’s electronic devices recovered hundreds of images and videos of child pornography, depicting the minor and other, unknown children. 

Seeley made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held without bail. 

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Brian Ratajczak, 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 Andre Richards, 23, of Jamestown, NY, was arrested and charged by criminal complaint with possession with intent to distribute methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, since January 2022, law enforcement has been investigating the drug trafficking activities of Richards in Chautauqua and Cattaraugus Counties in NY, and in Warren, PA. During the investigation, Richards was charged with several New York State felonies involving the possession and distribution of large quantities of methamphetamine and fentanyl as well as criminal possession of a loaded firearm. Despite these pending felony charges, Richards continued to operate a significant drug trafficking organization. The complaint states that Richards utilized a North Main Street residence in Russell, PA, as well as a residence on South Work Street in Falconer, NY.

In March 2023, after investigators conducted surveillance of Richards driving around Jamestown, NY, and observed him engaging in activity consistent with narcotics dealing, including a brief meeting with an individual that involved a hand-to-hand exchange, search warrants were executed on his vehicle and the residence in Falconer, NY. During the searches, law enforcement seized approximately 84 grams of crystal methamphetamine, approximately $6,600.00 of United States currency, a digital scale, a drug processing press, a 9mm magazine, and bullets. During a search of the Russell, PA, residence, law enforcement seized approximately 20 lbs. of crystal methamphetamine.

Richards made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

The complaint is the result of a joint investigation by the Jamestown Police Department Drug Task Force, under the direction of Chief Timothy Jackson, the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff James Quattrone, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb, the New York State Police, under the direction of Major Eugene Staniszewski, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Warren County, PA, Drug Task Force, under the direction of Sheriff Brian Zeybel.

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 Jaden Z. Campbell, 19, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to carjacking and using or carrying a firearm during a crime of violence. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that in the early morning hours of July 11, 2022, Campbell approached an individual (Victim 1) as Victim 1 walked towards an apartment building near Resolute Street and North Clinton Avenue. Carrying a firearm, Campbell told Victim 1, “give me everything or I’m gonna pop you.” Victim 1 gave Campbell several items, including the keys to his 2006 Infiniti G35. While continuing to point his gun, Campbell forced Victim 1 to start the Infiniti. Campbell then drive away by himself. Once the police located the stolen car, Campbell refused to pull over, instead, leading officers on a chase for approximately 25 minutes through Monroe County. Campbell at times reached speeds of approximately 85 MPH, ultimately crashing the car in a ditch near Quaker Road in Scottsville, NY. During the chase, Campbell also tossed a 9mm pistol from the Infiniti on Cranbrook Drive in Irondequoit, NY.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the New York State Police, under the direction of Major Brian Ratajczak, the Monroe County Sherriff’s Office, under the direction of Sheriff Todd Baxter, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of John B. DeVito, Special Agent-in-Charge, New York Field Division.

Sentencing is scheduled for January 17, 2024, at 10 a.m. before Judge Geraci.

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ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Raymond Brock, 30, of Rochester, NY, who was convicted of assaulting a federal officer, was sentenced to serve 12 months in prison by U.S. Magistrate Judge Marian W. Payson.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on May 2, 2022, Brock was taken into custody by members of the United States Marshals Service Task Force at his Forrester Street residence. After being taken into custody, Brock was uncooperative and refused to walk under his own power. A Task Force Officer tried speaking with Brock about the circumstances of the incident and arrest, during which he was physically resistant and said he was going to spit in the face of the officer. Brock did so, and his spit, which contained blood, struck the officer in the face and went into his mouth.

The sentencing is the result of an investigation by the United States Marshals Service Task Force, under the direction of Marshal Charles Salina.

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