Western District of New York

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Janard D. Warnick, 30, of Rochester, NY, who was convicted of conspiracy to distribute cocaine and possession of firearms in furtherance of a drug trafficking crime, was sentenced to serve 72 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that Warnick sold cocaine for profit and maintained a Clifford Avenue residence for the purposes of his drug trafficking activities. On February 23, 2022, investigators executed a search warrant at the residence and recovered approximately 61 grams of cocaine, 1.8 grams of fentanyl and acetyl fentanyl, 2 grams of crack cocaine, and drug paraphernalia. In addition, three firearms and a variety of ammunition were also recovered.

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.

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ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging seven individuals for their roles in an illegal gambling business headquartered in Rochester, NY. Named in the indictment are:

• Louis P. Ferrari II, Dominic Sprague, and Tomasso Sessa are charged with two counts of conspiracy, one count of transmission of wagering information, and two counts of operating an illegal gambling business.
• Anthony Amato, Joseph Lombardo, Jeffrey Boscarino, and James Civiletti are charged with one count of conspiracy, one count of transmission of wagering information, and one count of operating an illegal gambling business.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendants conspired to operate illegal poker games at 565 Blossom Road and an illegal sports betting operation through the website sport700.com. Defendants Ferrari and Sprague co-owned and operated the illegal poker games at 565 Blossom Road, and Ferrari operated the illegal sports betting book through sport700.com, managing individual bettors and overseeing sub-agents, including Sprague, who had their own books of individual bettors. In addition, Ferrari owns and operates Ferrari Excavating on Steel Street in Rochester, where he collected cash payment of gambling losses from players and then laundered the illegal proceeds through the Ferrari Excavating business. Sprague also owned and operated a pawn shop on Stone Road in Greece, NY, where he collected cash payments of gambling losses from bettors and paid gambling winnings to bettors.

Defendant Amato administrated sport700.com and assisted Ferrari and others in creating accounts, usernames, and passwords, and managing individual bettors and overseeing sub-agents who had their own books of individual bettors on sport700.com. Defendant Sessa managed the day-to-day operations of the illegal gambling operation at 565 Blossom Road. Defendants Lombardo and Boscarino were sub-agents under Ferrari through sport700.com. Defendant Civiletti was an employee of Sprague’s pawn shop, collecting payments of gambling losses from people on behalf of Ferrari and Sprague.

During the course of the investigation, investigators intercepted a series of calls and text messages between targets of the investigation, sub-agents and individual bettors discussing the placement of bets, collection of winnings, and payment of losses. The investigation revealed that Ferrari generated $1,241,172 in winnings, while Amato generated winnings totaling $8,945,629.

On April 17, 2021, as investigators arrived to execute a search warrant at 565 Blossom Road, they interrupted an ongoing illegal card game, which sent individuals fleeing. An unknown number of individuals successfully fled, eight were temporarily detained. Investigators seized multiple items such documents, which included gambling ledgers and timestamped website printouts of online gambling player account activities. That same day, they also seized the cell phones of Ferrari and Sprague, which both contained evidence of sports bookmaking.

Former New York State Trooper Thomas Loewke, who was charged separately in connection with this case, was previously convicted and is awaiting sentencing.

Defendants Ferrari, Lombardo, and Civiletti were arraigned this afternoon before U.S. Magistrate Judge Mark W. Pedersen and were released on conditions. Defendants Sprague and Amato will be arraigned on July 11, 2023, and defendants Boscarino and Sessa will be arraigned on July 12, 2023.

The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso, the New York State Police, under the direction of Major Brian Ratajczak, the Greece Police Department, under the direction of Chief Michael Wood, and Rochester Police Department, under the direction of Chief David Smith. Additional assistance was provided by the Monroe County District Attorney’s 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 Devin C. Johnson, Jr., 32, of Rochester, NY, who was convicted of carjacking and discharge of a firearm in relation to a crime of violence, was sentenced to serve 174 months by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on April 14, 2022, Johnson approached a taxicab driver (Victim) at a gas station on Dewey Avenue and asked for a ride to Lake Avenue and Flower City Park. During the ride, Johnson pressed a handgun against the Victim’s stomach and demanded his cell phone and car keys. The Victim drove back to the gas station and got out of the taxicab with his car keys after a brief struggle inside the vehicle. Johnson grabbed the Victim, threw him to the ground, and forcibly took the car keys from him, striking him twice in the head with the butt end of the handgun. Johnson also pointed the gun at Victim 1 and discharged one round, striking the ground next to the Victim. Johnson then took off in the Victim’s vehicle. A Monroe County Sheriff Sergeant attempted to conduct a traffic stop on the stolen vehicle near Salmon Creek Road in Spencerport, NY. Johnson got out of the vehicle and fled but was taken into custody after a short foot pursuit and turned over to Rochester Police officers. A 9mm pistol, which was reported stolen in South Carolina, was found nearby where Johnson fled.

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

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Police Chief David Smith, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Robert Colon, 31, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, was sentenced to serve 24 months in prison by U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Cassie M. Kocher, who handled the case, stated that between January 2022, and March 9, 2022, Colon sold quantities of cocaine, fentanyl, and/or para-fluorofentanyl to an undercover law enforcement officer on different occasions, which resulted in an arrest warrant being issued on March 23, 2022. Colon was taken into custody on May 30, 2022. At that time, he possessed approximately 189 baggies containing fentanyl, approximately 16 baggies of cocaine, and $1,748 in cash, which represented drug proceeds. 

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Greater Rochester Area Narcotics Enforcement Team, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that David Rubel, 41, of Tonawanda, NY, who was convicted of receipt of child pornography, was sentenced to serve 84 months in prison and 15 years supervised release by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Raymond J. Fadel, who handled the case, stated that in August 2020, a parent filed a report with the Town of Tonawanda Police Department, alleging that Rubel had been texting his daughter, who recently turned 16 years-old (Victim), and that some of the texts he observed were sexual in nature. The parent observed inappropriate images on his daughter’s cell phone within a text thread between the Victim and Rubel. With the consent of the Victim’s father, an investigator searched the cell phone and observed the text messages, some of which included sexual images. Investigators also searched Rubel’s cell phone and recovered sexual images, including two videos, that were also found on the Victim’s cell phone, within the string of text messages between Ruble and the Victim.

The sentencing is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger and the Federal Bureau of Investigation Child Exploitation 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 Raminderjit Assi, 28, of Hamilton, Ontario, Canada, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to importation of marijuana into the United States, which carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that after researching methods of smuggling marijuana into the United States, including by helicopter, Assi and a co-conspirator obtained a helicopter and helicopter pilot licenses. On April 9, 2019, Assi and a co-conspirator flew a helicopter from Canada into United States airspace, specifically, Beaver Island Park on Grand Island, NY, where they left four red duffle bags. Before the bags could be collected by another co-conspirator, U.S. Border Patrol located the bags. The bags contained a total of 49 kilograms of marijuana. Radar data from the Federal Aviation Administration, CBP Air and Marine Operations, and NavCanada, determined that Assi and his co-conspirator turned off the transponder on the helicopter, failed to check-in with required towers, and failed to submit a required flight plan. Surveillance footage from the helipad in Canada where the two took off revealed that they prepared and operated the helicopter at take-off and returned in the helicopter after the illegal incursion. Assi later admitted he had flown the helicopter.

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

Sentencing is scheduled for October 16, 2023, at 1:00 p.m. before Judge Sinatra.

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ROCHESTER, NY—U.S. Attorney Trini E. Ross announced today that Clark P. Rittersbach, 49, of Cape Coral, Florida, was charged by criminal complaint with wire fraud, which carries a maximum sentence of 20 years imprisonment and a fine of $250,000.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, Rittersbach owned and was the sole manager of Concours Classic Motor Cars in Macedon, NY, from approximately 2006 until at least approximately 2021. The company, which  specializes in the restoration and sale of antique vehicles, has many long distance and international customers. According to the complaint, since at least 2017, Rittersbach has fraudulently billed three victims for acquisition and/or restoration work on their antique vehicles that he either did not complete or did not perform at all, despite communicating to them via email and text message that he had. As a result of this scheme, Rittersbach fraudulently obtained at least $1.15 million dollars from the three victims.

• Between April 2009 and April 2019, Victim 1, who resides in Pennsylvania,  paid Rittersbach to purchase or restore numerous vehicles on his behalf, but eventually became aware of instances in which Rittersbach lied about work done or vehicles purchased in order to obtain money from Victim 1, including a 1932 Dusenburg Murphy.
• Between 2014 and May 2021, Victim 2, a Canadian resident, paid Rittersbach to acquire and/or restore six rare and high value antique automobiles in exchange for payments totaling $374,000. These automobiles included a 1964 Porsche 356C, which Victim 2 never received.
• In 2008, Victim 3, who lived in the United Kingdom and France, entered into an agreement with Rittersbach to restore a 1926 Rolls Royce “Silver Ghost” he had purchased from an acquaintance of Rittersbach. By December 2021, Victim 3 became suspicious that Rittersbach was not performing the restoration work and requested verification, at which time Rittersbach became unresponsive to Victim 3. Subsequently, Victim 3 hired a private investigator and an attorney, who were able to locate the Rolls Royce in late April 2022. However, very little restoration work had been done.

Murphy made an initial appearance this morning before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.

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

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

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BUFFALO, NY—U.S. Attorney Trini E. Ross announced today that Michael Murphy, 31, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, which carries a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between June 2019 and October 2020, Murphy bought, sold, and distributed quantities of methamphetamine for profit. In July 2019, the United States Marshal’s Service and other law enforcement officers went to a Bishop Street residence in Jamestown, where Murphy was present, to apprehend a federal fugitive. When they arrived, law enforcement observed, in plain view, distribution amounts of methamphetamine. They seized the methamphetamine and $1,476 in cash. Subsequently, a search warrant was executed, and investigators seized another 223 grams of actual methamphetamine and drug paraphernalia. In November 2019, investigators executed a search warrant at Murphy’s Newland Avenue residence in Jamestown. Before execution of the warrant, Murphy ran away, dropping a digital scale. Inside the residence, law enforcement recovered methamphetamine, illicit mushrooms, other drug paraphernalia, two firearms and ammunition, and $1,642 in cash. The investigation also included four controlled purchases of drugs from Murphy.

Co-defendants Rocco Beardsley, Miller Hagga, and Austin Gordon are scheduled for trial on September 6, 2023. Co-defendants Kylie Reeves, Garland Beardsley, Tyler Tedesco, and Giselle Bennett were previously convicted and are awaiting sentencing.

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

Sentencing is scheduled for October 17, 2023, before Judge Arcara.          

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ROCHESTER, NY—U.S. Attorney Trini E. Ross announced today that Jason Koscielski, 35, of Rochester, 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 December 2011, Koscielski was convicted on federal charges of receipt, distribution, and possession of child pornography, and sentenced to serve 135 months in prison and 30 years supervised release, which prohibited him from possessing any unmonitored telephone. In November of 2021, Koscielski obtained a Tracfone, in violation of the terms of his supervised release.

Between November 2 and November 16, 2021, Koscielski used the phone to send and receive images of child pornography and to possess approximately 476 images of child pornography. Many of the images involved children younger than 12 years old and were sexually explicit in nature. On November 5, 2021, Koscielski also used the Phone to exchange sexually explicit photos with Minor Victim 1, a 15-year-old male. 

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

Sentencing is scheduled for October 24, 2023, before Judge Siragusa.          

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Jacob Ritchie, 37, of Wolcott, NY, who was convicted of distributing child pornography following a prior conviction for a child sex abuse offense, was sentenced to serve 35 years in prison and 10 years of supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between November 2021, and February 2022, Ritchie engaged in sexually explicit online communications with an undercover New York State Police Investigator, who Ritchie believed was a 12-year-old female. During these conversations, Ritchie repeatedly asked the child to produce and send to him images of child pornography. He also attempted to persuade the child to meet him for sex. Ritchie also sent images of child pornography in an attempt to groom the child for sexual activity. The images depicted children as young as eight-years-old engaged in sexual activity with adults. Ritchie also made numerous references to possible sexual contact with a minor relative while communicating with the undercover investigator.

In February 2022, investigators executed a search warrant at Ritchie’s residence, where they recovered a cell phone containing dozens of images of child pornography. Some of the images depicted the sexual abuse of children as young as toddlers, and children being subjected to violence. A subsequent search of Ritchie’s social media found that he engaged in multiple online conversations during which he openly discussed sexually abusing children and traded child pornography. Ritchie admitted to sexually abusing multiple children, to include a child as young as five-years-old. He is a level 3 sex offender following child sexual abuse convictions in 2012, 2016, and 2017.

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Mark Nash, 34, of Buffalo, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum penalty of 15 years in prison, and a maximum of 30 years.  

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on April 4, 2023, the Buffalo Police Department received a report that Nash had nude images of a minor victim on his phone and that he had allegedly sexually abused the girl. A search warrant executed on Nash’s phone recovered over 200 sexually explicit images of the minor victim. 

Nash is currently on probation following a 2022 conviction in Erie County Court for Criminal Possession of a Weapon in the Second Degree.  

Nash made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on June 29, 2023.

The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia 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 Daniel Fitzpatrick, 36, of Lakeview, NY, who was convicted of distribution of child pornography, was sentenced to serve 156 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 in October 2021, Fitzpatrick, using the display name “back2school” and username “bttm4anon,” shared a link containing multiple images of child pornography in a public chat room on the Kik Messenger application titled “Join a boys only group.” In April 2022, investigators executed a search warrant at Fitzpatrick’s residence in Lake View. Child pornography images were located on a cell phone a laptop computer, and a personal computer. A total of 148 images and 108 videos of child pornography were recovered, some of which depicted a prepubescent minor engaged in sexually explicit 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 Special Agent-in-Charge Matthew Miraglia, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the Hamburg Police Department, under the direction of Chief Peter Dienes.

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross joined with law enforcement partners at the federal, state, and local levels today to announce the return of an indictment of the leader and members of a violent drug trafficking organization and to discuss ongoing efforts aimed at reducing violence, in particular gun violence, in the City of Rochester. 

“My message to those who think that they can terrorize our community with senseless acts of violence is ‘don’t do it’.” “Our office, together with our law enforcement partners, is vigilant, working day and night to hold those committing crimes accountable. We will continue these efforts to ensure that the community can feel safe and community members can enjoy the summer.”

Over the last year, the U.S. Attorney’s Office has worked closely with the RPD, ATF, FBI, USMS, NYSP, MCSO, DEA, and the Monroe County District Attorney's Office to target, investigate, and bring federal charges against violent offenders and those who possess and illegally use guns in Rochester. To that end, the U.S. Attorney’s Office has adjusted its charging practices to communicate with RPD and ATF, quickly and effectively, to screen gun arrests and determine whether they are appropriate for federal prosecution.  Once federal charges are brought, in appropriate cases, the U.S. Attorney’s Office will make a motion to the court to detain defendants who pose a danger to the community or who are likely to flee pending trial.  This has helped reduce the number of violent offenders and illegal gun possessors who are returned to the community after arrest, which has helped to reduce violence in the city.

As part of its gun violence initiative, the U.S. Attorney’s Office has pursued larger, more organized violent groups.  Working closely with RPD, ATF and other law enforcement partners, the Office has targeted two violent groups who were engaged in a feud with each other.  As a result of this investigation, 23 defendants have been charged in criminal complaints.  In addition to these complaints, last week the federal grand jury in Rochester returned a 10-count indictment against Brandon Washington, Deadrick Fulwiley, Derrick Steele and Jermell Washington, charging them with conspiracy to possess with intent to distribute more than 100 kilograms of marijuana from various drug houses they operated in the City of Rochester. The four defendants are also charged with possessing, using, and carrying firearms in furtherance of their drug trafficking crimes. In addition, Brandon Washington and Deadrick Fulwiley are charged with possessing, using, and carrying a machine gun in furtherance of their drug trafficking crimes. Brandon Washington is alleged to be the leader of an armed drug trafficking organization in Rochester that became involved in a violent dispute with a rival gang headed by Rasheem Sullivan during the summer of 2022. Sullivan, along with eight additional Bloods gang members, were charged in December 2022 with narcotics conspiracy and weapons offenses. The conflict between Washington and Sullivan resulted in multiple instances of violence, including drive-by shootings, arsons, assaults, and murders. These included the ambush shooting of Rochester Police Officers Anthony Mazurkiewicz and Sino Seng on July 21, 2023, which resulted in the death of Officer Mazurkiewicz.

As a result of the hard work of our law enforcement partners and our collaboration with the Monroe County District Attorney’s Office, since July of 2022, the U.S. Attorney’s Office has charged approximately 100 defendants with federal gun crimes. These arrests and the underlying investigations have resulted in more than 100 illegal firearms being removed from the community. Most importantly, these efforts have resulted in a reduction in the volume of gun violence in Rochester in the first half of 2023.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Randall Rolison, 60, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of firearms and ammunition, which carries a maximum penalty of 10 years in prison and a $250,000 fine.  

Assistant U.S. Attorney Louis Testani, who is handling the case, stated that in January 2022, the Jamestown Police Department and FBI began investigating Rolison’s purchase of firearms outside of the State of New York and subsequent sale of the firearms in the Southern Tier of New York. The investigation determined that Rolison, an over-the-road truck driver, purchased firearms and ammunition from a roadside stand in the State of Georgia between the Summer of 2021 and December 2021, and subsequently transported and sold, or attempted to sell, a total of nine firearms and ammunition in New York. Rolison sent pictures of the firearms via text message to various individuals to solicit interest in purchasing them and would subsequently straw purchase the firearms on behalf of the individuals. In June 1997, Rolison was convicted of a felony in Michigan and is legally prohibited from possessing a firearm.

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

Sentencing is scheduled for December 19, 2023, before Judge Sinatra.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury returned an indictment charging Michael E. Swain, 35, of Tonawanda, NY, with production and distribution of child pornography and corruptly altering, destroying, mutilating, or concealing evidence. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Raymond J. Fadel, who is handling the case, stated that according to the indictment and a previously filed complaint, the Tonawanda Police Department received a report that a minor female was the victim of coercion involving Swain. The investigation determined that Swain had been communicating on the Discord social media app with the victim for a long period of time. At his request, the victim sent numerous images and videos of herself to Swain, including some sexually explicit images. At times, Swain would threaten to release the images to family and friends of the victim. Investigators executed a search warrant at Swain’s residence and seized a cell phone, thumb drive, desktop computer, laptop computer, and an SD card. According to the indictment, when investigators arrived to execute the search warrant, Swain allegedly factory reset his cell phone, which can cause the data that was on the device to be deleted and unrecoverable.  

The indictment is the result of an investigation by the Tonawanda Police Department, under the direction of Chief James Stauffiger, the Federal Bureau of Investigation Buffalo Office Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of 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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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Bruce Massara, 57, of Dunkirk, NY, who was convicted of possession with intent to distribute, and distribution of, 10 grams or more of butyryl fentanyl, was sentenced to serve 120 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that in August 2018, the FBI began investigating Massara’s narcotics trafficking activities. The investigation determined that his distribution of heroin and fentanyl analogs was linked with several overdoses:

• In March 2017, the Amherst Police Department and first responders were called to a residence in Williamsville, where they located L.B. on the ground, unconscious and unresponsive. L.B. appeared to have overdosed but was revived with Narcan and survived. Massara was present at the scene and prior to L.B.’s overdose, Massara provided L.B. with heroin.
• In November 2017, the Amherst Police Department and first responders were again called to the Williamsville residence, where they located S.D., who was pronounced dead at the scene. The previous evening, Massara provided heroin, fentanyl, butyryl fentanyl and furanyl fentanyl to S.D., who then overdosed.
• In November 2018, Massara provided heroin and fentanyl to L.B. at the same Williamsville residence. After taking the mixture, L.B. lost consciousness but Massara administered Narcan to L.B. and revived him.

The investigation also included a controlled purchase of narcotics from Massara. Following his arrest on May 23, 2019, while incarcerated at the Niagara County Jail, Massara directed a third party to destroy a personal journal containing entries related to, among others, the overdoses of S.D. and L.B.

The sentencing is the result of an investigation by the Amherst Police Department under the direction of Chief Scott Chamberlin 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 a federal jury convicted David Lettieri, 36, of Harpursville, NY, of enticement of a minor. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.

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

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

 Sentencing will be scheduled at a later date before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.   

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ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Corey J. Lattimer, 30, of Elmira, NY, who was convicted of possession with intent to distribute 50 grams or more of methamphetamine, was sentenced to serve 188 months in prison by U.S. District Judge Charles J. Siragusa. Lattimer was also ordered to forfeit $3,528.62 in seized U.S. currency, and over 250 rounds of seized ammunition.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Lattimer was arrested April 25, 2022, after the Elmira Police Department Drug Enforcement Unit and the New York State Police Violent Gang and Narcotics Enforcement Team executed a search warrant at his S. Main Street residence. During the search, investigators recovered approximately 2,075 grams of methamphetamine, 475 grams of fentanyl, and 5.2 grams of p-Flourofentanyl, a fentanyl analogue, drug paraphernalia, $3,528.62 in U.S. currency, and over 250 rounds of live .45 caliber, 9mm caliber, and .380 caliber ammunition.

The sentencing is the result of an investigation by the Elmira Police Department, under the direction of Chief Kristen Thorne, the New York State Police, under the direction of Major Brian Ratajczak, 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 Richard A. Philbrick, 37, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 400 grams or more fentanyl. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, $10,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Philbrick bought and sold heroin, fentanyl, and methamphetamine for profit and his own use, and utilized Facebook for his drug trafficking activities. Philbrick used and maintained residences on Newland Avenue in Jamestown for drug trafficking. During the course of the investigation, investigators conducted multiple controlled purchases from Philbrick. On May 4, 2022, during a traffic stop by Jamestown Police, officers recovered drugs and drug paraphernalia, $1,098 in U.S. currency, fentanyl, methamphetamine, morphine pills, hydrocodone pills, buprenorphine pills, psilocybin mushrooms, cellphones, suboxone strips, and a Pellet Gun, on Philbrick’s person and during a search of the vehicle.

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

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

Philbrick’s sentencing is scheduled for October 2, 2023, before Judge Vilardo.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Douglas Beardsley, 38, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine and being a felon in possession of firearms, was sentenced to serve 176 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between September 2018 and January 2019, Beardsley bought, sold, and distributed heroin and methamphetamine for profit in the Jamestown area, utilizing several co-conspirators, associates, and runners as well as Facebook and various electronic devices to operate his drug trafficking activities. Beardsley also distributed large amounts of methamphetamine to numerous other individuals in the Jamestown area. During the conspiracy, Beardsley utilized residences on Linden and Forest Avenue in Jamestown for his drug trafficking.  In January 2019, investigators executed a search warrant at the Forest Avenue residence, recovering two firearms, ammunition, $296.00 in cash, quantities of crystal methamphetamine, a digital scale, and other drug paraphernalia. Throughout the conspiracy, Beardsley obtained approximately $112,000 in monetary proceeds from drug trafficking. 

In March 2005, March 2009, and February 2013, Beardsley was convicted on various charges in Chautauqua County Court, including drug possession, attempted burglary, and DWI, 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 sentencing is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; 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 Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Melvin Ingram, 45, of Jamestown, NY, who was convicted of escape, was sentenced to serve 12 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Raymond J. Fadel, Paul E. Bonanno, and Charles M. Kruly, who are handling the case, stated that in November 2018, Ingram was sentenced to serve 70 months in prison for conspiring to possess with intent to distribute, and distributing, 28 grams or more of crack cocaine. On May 3, 2022, the Bureau of Prisons transferred Ingram from Federal Correctional Institution Allenwood, in Allenwood, PA, to a community-based placement at CRJ Lighthouse Residential Reentry Center, in Buffalo. Late in the morning on July 24, 2022, Ingram left the RRC without permission from the RRC staff. Ingram was arrested by the United States Marshals Service on November 10, 2022.

The sentencing is the result of an investigation by the U.S. Marshals Service, under the direction of Marshal Charles Salina and the Federal Bureau of Prisons Residential Reentry Management Office, Pittsburgh, PA.

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Kevin Judge, 65, of Orchard Park, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, marijuana, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Judge was a drug trafficking associate of co-defendant Gary Wolch. Judge traveled to secure marijuana for the drug trafficking operation and coordinated with other associates and conspirators to obtain marijuana for distribution in the Western New York area. On August 16, 2019, Judge arrived at the Buffalo Niagara International Airport, where he was approached by investigators at his gate and his bags were detained. After initial questioning, Judge was taken back to his vehicle in the parking lot. Once back in his vehicle, Judge contacted Wolch and said, “There’s a problem.” He then called other associates and co-conspirators. During the execution of a search warrant on Judge’s bags, law enforcement recovered $60,000 in U.S. currency and $40,000 in Western Union Money Orders. Judge admits he was attempting to go to Southern California with $100,000 to purchase marijuana. Charges are pending against Wolch.

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 Orchard Park Police Department, under the direction of Chief Patrick Fitzgerald, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for October 10, 2023, before Judge Arcara.

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BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Myron McCollum, 35, of Buffalo, NY, who was convicted of aggravated bank robbery, was sentenced to serve 170 months in prison and ordered to pay restitution totaling $439,293.90, by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Joshua A. Violanti and Nicholas T. Cooper, who handled the case, stated that on July 25, 2019, McCollum and co-defendant Ronald Morris entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna wearing dark colored clothing and face masks and conducted a bank robbery with pepper spray and a pistol. McCollum and Morris traversed the teller’s counter, sprayed the tellers with pepper spray, and went to the unlocked safe, forcibly taking $290,500 in United States currency.             

On November 7, 2019, McCollum, Morris, and co-defendant Carl Wilson, armed with a pistol and donning masks and gloves, entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. McCollum and his accomplices ordered all the employees to the ground and demanded money. McCollum and Wilson went behind the teller line and went through teller’s drawers, while Morris went to the vault. They forcibly took $148,793.90 in United States currency. 

Defendant Carl Wilson was previously convicted and sentenced to serve 72 months in prison. Defendant Ronald Morris and another co-defendant, Adrian Applewhite, were also previously convicted and are awaiting sentencing.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; and the Lackawanna Police Department, under the direction of Chief Mark Packard.

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BUFFALO, N.Y. – This week, U.S. Attorney Trini E. Ross, a member of Attorney General Merrick Garland’s Advisory Committee (AGAC) and Chair of the Law Enforcement Coordination, Victim Assistance and Community Relations Subcommittee (LEVC), hosted the LEVC meeting in the Western District of New York, which brought U.S. Attorneys from across the country to the Buffalo area for two days. The meeting included presentations and discussions on several issues:

• Members participated in detailed presentations from members of law enforcement and victim witness personnel regarding the May 14th tragedy. They also heard from Tops President John Persons and visited the Tops store on Jefferson Avenue.
• Members went to the Merriweather Library and spoke with community leaders who work with the U.S. Attorney’s Office on community outreach efforts.   
• Members spoke with representatives of the business community, who work  with the U.S. Attorney’s Office on multiple issues, including fraud and cybercrime.
• Members met with federal law enforcement who work on the front lines of international border issues.  

“I was honored to host the LEVC meeting in Buffalo, which allowed my U.S. Attorney colleagues to spend time in this wonderful community and learn from our experiences. Over these two days, my colleagues from across the country were able to witness firsthand how our District works with law enforcement, the community and crime victims,” stated U.S. Attorney Ross. “In addition, these U.S. Attorneys witnessed the resiliency of our Buffalo community in the aftermath of the May 14th shooting and experienced the progress that the community has made.”

Members of the AGAC advise the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Department policies. The LEVC is a subcommittee of the AGAC.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Denzell D. Easter-Stevenson, 28, of Rochester, NY, pleaded guilty to possession with intent to distribute 40 grams or more of fentanyl before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on November 28, 2021, investigators executed a search warrant at a residence on Smith Street in Rochester, recovering approximately 41 grams fentanyl and 4-ANPP, approximately 3.8 grams of fentanyl and para-fluorofentanyl, approximately 1.1 grams of fentanyl and tramadol, 108 glassine baggies of fentanyl packaged for sale, marijuana packaged for sale and approximately $1,207 in United States currency. In addition, a semiautomatic pistol loaded with one round of ammunition, a magazine loaded with 15 rounds of ammunition, and a variety of ammunition was also recovered.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.         

Sentencing is scheduled for October 2, 2023, at 3:30 p.m. before Judge Wolford.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Tyler Collins, 27, of Buffalo, NY, who was convicted of assaulting a federal officer and causing a bodily injury, was sentenced to time served (approximately nine months) and three years’ supervised release by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorneys Franz M. Wright and Douglas A. C. Penrose, who handled the case, stated that on July 12, 2022, at approximately 4:00 p.m., Collins attempted to enter the FBI-Buffalo Division main office but was denied entry by the security guards inside of the front door. At the time, three federal agents were walking back to the main office and encountered Collins, who they observed was yelling into the intercom system. Collins was heard yelling expletives while physically banging on the FBI building’s door demanding entry. One of the federal agents attempted to calm Collins, at which time Collins punched the federal agent, physically assaulting him. One of the other federal agents discharged pepper spray, in an attempt to subdue Collins, who then fled on Elmwood Avenue. Collins was later taken into custody that evening after he was found walking on Delaware Avenue.

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

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 60, of Rochester, NY, was arrested and charged by criminal complaint with  production and possession of child pornography, which carry a minimum penalty of 15 years in prison and a maximum of 30 years.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in July 2022, the Monroe County Sheriff’s Office received information that Nicot had cameras hidden in a bathroom of his residence. The Sheriff’s office subsequently executed a search warrant at the residence, seizing a USB drive, cell phones, an SD card, and a laptop. A forensic review of the items seized recovered numerous photographs and videos depicting young boys and adult men nude. Some of the videos depicted young boys and adult men showering. Investigators believe some of the videos were taken by the camera hidden in Nicot’s bathroom. In addition, investigators have identified videos that they believe were taken by a camera that Nicot hid in a bathroom, that included a shower, in an Orleans County, NY, church. The investigation has identified five victims.  

Anyone with information regarding this case is asked to call the Federal Bureau of Investigation at 1-585-546-2220.

The complaint is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction 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 that Jesus Santiago, 32, of Rochester, NY, pleaded guilty to possession with intent to distribute marijuana and being a felon in possession of a firearm and ammunition, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on June 23, 2022, Santiago was on supervised release. U.S. Probation officers searched his residence on Glide Street in Rochester, and recovered a loaded 9mm, semi-automatic handgun, ammunition, approximately 362 grams of marijuana, and drug packaging material. In 2016, Santiago was convicted in Erie County, NY Court of Attempted Criminal Possession of a Weapon in the Second Degree. In 2019, he was convicted in the Western District of New York of being felon in possession of a firearm and ammunition. As a result, Santiago is legally prohibited from possessing firearms and ammunition.  

The plea is the result of an investigation by U.S. Marshals Service Task Force, under the direction of Marshal Charles Salina, the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.

Sentencing is scheduled for August 30, 2023, at 2:30 p.m. before Judge Larimer.

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Alicia Torres, 47, of Webster, NY, pleaded guilty before U.S. District Judge David G. Larimer to wire fraud, which carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling 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 plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

Sentencing is scheduled for September 11, 2023, at 2:00 p.m. before Judge Larimer. 

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Kenyatta Phipps, 46, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling 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 plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso.

Sentencing is scheduled for August 20, 2023, before Judge Geraci.  

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Gilberto Alarcon-Holguin a/k/a Beto, 55, a Mexican national, was arraigned in the U.S. District Court for the Western District of New York on charges of conspiracy and possession with intent to distribute cocaine and conspiracy to launder the illicit proceeds charges. In December 2022, Alarcon-Holguin was arrested by Mexican authorities in Mexico pursuant to an extradition request from the United States. he was extradited from Mexico to the United States on May 26, 2023. 

Assistant U.S. Attorneys Michael J. Adler and Jeremiah E. Lenihan, who are handling the case, stated that according to the indictment against Alarcon-Holguin, between October 2017, and December 2018, he conspired with others to sell cocaine and then launder the proceeds of the drug sales. During the course of the investigation, law enforcement seized approximately 2.6-million dollars. 

Alarcon-Holguin was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was held pending a detention hearing on June 6, 2023, at 1:00 p.m. before U.S. Magistrate Judge Michael J. Roemer. 

The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the New York State Police, under the direction of Major Eugene Staniszewski; the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard and Homeland Security Investigations, El Paso, Texas. The Government of Mexico, including the Fiscalía General de la República (FGR), provided significant assistance in the extradition of Alarcon-Holguin to the United States. The Justice Department’s Office of International Affairs worked with law enforcement partners in Mexico to secure the arrest and extradition of Alarcon-Holguin.             

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

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that John Buckley, 59, of Wayland, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between August and December 2021, Buckley used his cellphone to take sexually explicit photos of a minor female. On August 30, 2022, the FBI executed a federal search warrant on the cellphone and recovered 31 images containing child pornography, including images of the minor female.  Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between August and December 2021, Buckley used his cellphone to take sexually explicit photos of a minor female. On August 30, 2022, the FBI executed a federal search warrant on the cellphone and recovered 31 images containing child pornography, including images of the minor female.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia. Additional assistance was provided by the FBI Chicago Field Office and the Joliet, Illinois Police Department.

Sentencing will be scheduled at a later date before Judge Wolford.  

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cynthia McKnight, 24, of Rochester, NY, who was convicted of simple assault in the special aircraft jurisdiction of the United States, was sentenced to time served and three years’ probation by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys John D. Fabian and Charles M. Kruly, who handled the case, stated that on April 19, 2022, McKnight was a passenger on an American Airlines flight from the Buffalo Niagara International Airport to Chicago O’Hare International Airport. After the aircraft’s doors were closed, and while the aircraft was preparing to depart, McKnight made her way to the front of the aircraft and engaged in a verbal altercation with one passenger, then spat on another passenger. As a result, the aircraft was required to return to the gate. McKnight then attempted to exit the aircraft as it was in motion on the ground, pushing a flight attendant in the process who had attempted to prevent her from opening an aircraft door. McKnight was able to open an aircraft door, which deployed the aircraft’s emergency slide, and exited the aircraft.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia and the Niagara Frontier Transportation Authority Police, under the direction of Chief Brian Patterson.

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ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Massey, 32, of Rochester, NY, who was convicted of possession of a firearm by a convicted felon, was sentenced to serve 46 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.  

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that Massey was previously convicted of multiple felonies in 2012 and 2013 and is legally prohibited from possessing a firearm and ammunition. On July 30, 2022, as Rochester Police officers attempted to initiate a traffic stop on the vehicle Massey was driving, Massey crashed the vehicle at the corner of Perkins Avenue and Norran Drive. Massey then exited the vehicle and fled on foot but was apprehended after a foot chase. Officers saw, in plain view on the driver’s side floorboard of the vehicle, a loaded 9mm pistol.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The sentencing is the culmination of an investigation by the Rochester Police Department, under the direction of Chief David Smith and Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John Devito.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Israel Rivera-Reyes, 48, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.  

Assistant U.S. Attorney Meghan K. McGuire, who is handling 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 plea 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.

Sentencing is scheduled for October 2, 2023, before Judge Wolford.

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ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Isolino S. Presutti, 36, of Hilton, NY, was arrested and charged by criminal complaint with possession of child pornography. the charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on March 2, 2023, the Monroe County Sheriff’s Office received a report that Presutti possessed child pornography on a desktop computer. Subsequently, investigators executed search warrants on five digital devices belonging to Presutti. They recovered 4,668 and 27 videos of child pornography. Some of the images included prepubescent minor and depictions of violence against children.

Presutti made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released on conditions.

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

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 Dustin Coffelt, 33, of Cheektowaga, NY, with production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Maeve E. Huggins, who is handling the case, stated that according to the indictment and a previously filed complaint, in July 2022, the Depew Police Department received a report that Coffelt sexually abused a 13-year-old girl (minor victim). Subsequent investigation determined that the alleged abuse may have been ongoing for several years and included communication over various social media applications and text messaging. On July 29, 2022, investigators seized Coffelt’s cell phone. Numerous sexually explicit images of the minor victim, which constitute child pornography, were recovered from the phone.

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

The indictment is the result of an investigation by the Depew Police Department, under the direction of Chief Jerome Miller, the Cheektowaga Police Department, under the direction of Chief Brian Gould, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Marlon Servance, 22, of Buffalo, NY, was arrested and charged by criminal complaint with possession of a firearm with an obliterated serial number, which carries a maximum penalty of 15 years in prison.

Assistant U.S. Attorney Nicholas T. Cooper, who is handling the case, stated that according to the complaint, on May 23, 2023, Victims 1 and 2 were driving in a vehicle in the vicinity of Jefferson and Best in Buffalo. While Victim 1 was driving, Victim 2 observed Servance driving a dark colored SUV and firing gunshots in her direction. Victim 1’s vehicle subsequently crashed in the vicinity of Main Street and Utica Avenue, while she was fleeing from Servance. As it crashed, Victim 1’s vehicle struck Victim 3, causing her death. Servance fled the scene but was taken into custody by Buffalo Police a short time after at an East Ferry Street apartment. Investigators searched the apartment and recovered a black, semi-automatic Smith and Wesson firearm with an obliterated serial number. During a search of Servance’s vehicle, investigators recovered numerous fired cartridge casings. 

Servance made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on May 30, 2023, at 10:30 a.m.

The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.           

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 Eric Passalacqua, 37, of Phelps, NY, pleaded guilty to receipt and distribution of child pornography before U.S. District Judge Frank P. Geraci. The charges carry a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling 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 conviction 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.

Sentencing is scheduled for August 24, 2023, before Judge Geraci.

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BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Michael MacPherson, 57, of Kenmore, NY, who was convicted of mail fraud and tax evasion, was sentenced to one-year supervised release by U.S. District Judge Richard J. Arcara. MacPherson was also ordered to pay $95,000 in restitution to the victim and $125,673 in restitution to the Internal Revenue Service.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that in January 2017, MacPherson solicited an individual (victim) from Kansas to invest in a bulk cigarette deal, telling the individual that he had an agreement with a Native American tribe in New York State to purchase cigarettes at a discounted rate and resell them at a significant markup. MacPherson claimed a $75,000 investment would result in a 15-20% return within 90 to 120 days. The individual sent MacPherson a check, but he did not buy cigarettes, instead spending the money on payments to the Niagara Falls Country Club and Canisius High School, airline flights, hotels, car rental, utilities, retail purchases, gas, clothing, groceries, restaurants, and other merchants. In December 2017, MacPherson contacted the victim again to solicit a $20,000 investment for the purchase of carbon fiber, representing that the individual would receive his principal investment, in addition to a 30% return, within 180 days. The victim sent MacPherson a check and once again he did not use the money as stated, instead using it to pay a defaulted business loan, cash withdrawals, airline flights, car rental, utilities, retail purchases, gas, groceries, restaurants, hockey tickets, and other merchants.

In addition, MacPherson failed to file a federal income tax return for the tax year 2015 despite receiving gross income totaling approximately $265,254, including approximately $232,500 from a second individual. Once again, MacPherson used the money on personal expenses. For the 2017 tax year, MacPherson omitted approximately $80,156 in gross business receipts. The amount of tax loss to the United States is $93,815.00.

The sentencing is the result of an investigation by the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward, and 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 Carl Wilson, 38, of Buffalo, NY, who was convicted of aggravated bank robbery, was sentenced to serve 72 months in prison and pay restitution totaling $148,793.90 by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that on October 31, 2019, co-defendant Adrian Applewhite entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, NY, approached the teller and asked whether the credit union had an ATM. Applewhite’s sole purpose was to “case” the credit union and facilitate a future effort to rob it. On November 7, 2019, Carl Wilson, and co-defendant Ronald Morris, armed with a pistol and donning masks and gloves, entered the credit union, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. Wilson and Morris ordered all the employees to the ground and demanded money. Wilson went behind the teller line and went through teller’s drawers. Morris went to the vault. A total of $148,793.90 in United States currency was taken.

Ronald Morris and Adrian Applewhite were previously convicted.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Gregory Szarowicz; and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

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ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Reginald Cannon, 55, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to wire fraud, which carries a maximum penalty of 20 years in prison and a $250,000 fine.    

Assistant U.S. Attorneys Richard A. Resnick and Kyle P. Rossi, who are handling 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. 

“Manufacturers doing business with the United States Military must be held accountable to uphold the standards and terms of the contracts they sign,” stated U.S. Attorney Ross. “Using components or parts that are not government approved, could result in harm to the members of our military. Partnering with our investigative agencies, we will prosecute all businesses that attempt to deceive the government by decreasing production costs to increase their profits.” 

“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 work with the Department of Justice and our law enforcement partners to hold individuals and companies accountable for providing substandard, substituted products to the U.S. military.”

“We are very pleased with today's announcement,” said Special Agent-in-Charge Scott Moreland of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office. “This is a true testament to our continued commitment to work closely and seamlessly with our outstanding fellow law enforcement agencies to bring those to justice who attempt to defraud the U.S. Government and U.S. Army.”

The plea 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 U.S. Army Criminal Investigation Division Command, Major Procurement Fraud Unit, under the direction of Special Agent-in-Charge Scott Moreland.

Sentencing is scheduled for August 30, 2023, at 2:00 p.m. before Judge Larimer.      

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BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Daniel DeGroat, 30, of Middletown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. mailing threatening communications to a United States judge. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorneys Franz M. Wright and Jonathan P. Cantil, who are handling the case, stated that in November 2020, DeGroat was incarcerated at Wende Correctional Facility in Alden, NY. On November 3, 2020, he mailed an envelope from the correctional facility addressed to Victim 1, a United States Judge, which contained a letter threatening  to injure Victim 1 and her spouse. DeGroat stated that he hoped to infect Victim 1 with the Coronavirus and terrorize her, and he hoped Victim 1 and her husband died after being infected by the Coronavirus. Also, on November 3, 2020, DeGroat mailed an envelope to Victim 2, a New York State Department of Corrections Official. That letter included threats to injure Victim 2, as well as Victim 2’s spouse. In July 2021, the FBI positively identified DeGroat’s DNA on both letters.

The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; and the U.S. Marshals Service, under the direction of Marshal Charles Salina.                      

Sentencing is scheduled for September 15, 2023, before Judge Sinatra.

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ROCHESTER, NY--U.S. Attorney Trini E. Ross announced today that Thomas J. Loewke, 51, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to obstruction of a state or local law enforcement investigation, which carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in October 2020, the New York State Police, together with other local and federal law enforcement agencies, began an investigation into the illegal gambling activities of Louis P. Ferrari II and others. Loewke, who was aware that Ferrari owned an illegal bookmaking operation, learned of the investigation on December 17, 2021. On December 27, 2021, Loewke disclosed the existence of the investigation to Ferrari. On January 2, 2021, Ferrari used this information to attempt to obstruct the investigation by changing the password of his sports betting website, changing the appearance of the sports betting website, and deleting the history of bets placed through his sports betting website.

Charges of conspiracy, transmission of wagering information, operation of an illegal gambling business, and money laundering, remain pending against Ferrari.

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

Sentencing is scheduled for September 6, 2023, at 2:00 p.m. before Judge Larimer.  

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Orlando Albert-Arroyo, 28, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, was sentenced to serve 144 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that on February 27, 2019, Buffalo Police Officers responded to a drug overdose call and found a 24-year-old male deceased. The deceased man’s girlfriend told officers that the day before, she met Arroyo and co-defendant Genesis Tolentino-Cruz at a gas station in Cheektowaga to purchase heroin. Later that night, the girlfriend said that she and the deceased male used some of the heroin purchased from the defendants. The girlfriend went to sleep, and when she awoke, she found her boyfriend was deceased. In March and April, 2019, investigators conducted six controlled purchases of heroin from Arroyo and Cruz. On April 19, 2019, a federal search warrant was executed at Arroyo and Cruz’s residence, during which heroin, ammunition, a rifle, a pistol, and drug processing items were seized.   

Cruz was previously convicted and sentenced to serve 120 months in prison.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cameron Stroke, 42, of Depew, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography, which carry a mandatory minimum penalty of 15 years in prison, and a maximum of 40 years.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in July 2020, Stroke was sentenced in Federal Court to five years’ probation for possession of child pornography and placed under the supervision of the U.S. Probation Office. On May 2, 2023, law enforcement began investigating Stroke after learning he might be in possession of child pornography. On that day, probation officers made a visit to Stroke’s Depew residence and seized two cell phones. One of the phones contained no child pornography, but the second phone contained multiple files of child pornography, including images of pre-pubescent girls.

Stroke made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on May 19, 2023, at 10:30 a.m.

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

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Zachary Feeterman, 28, of Tonawanda, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo 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 $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in March 2016, Feeterman was convicted of attempted possession of a sexual performance by a child less than 16 years of age in New York State Court. On August 8, 2019, Erie County Probation Officers conducted a home inspection at Feeterman’s residence and found an unauthorized cell phone in his possession. A forensic analysis recovered approximately 375 images of child pornography on the cell phone, and 4,670 images and videos of child pornography in a cloud storage account. Some images depicted prepubescent minors as well as violence against children.

The plea is the result of an investigation by members the Erie County Probation Department, under the direction of Commissioner Michelle Olszowy; the FBI's Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia; and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger. 

Sentencing is scheduled for November 11, 2023, at 9:30 a.m. before Judge Vilardo.  

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced that Daniel Parson, 33, of Charlotte, NC, was arrested and charged by criminal complaint with making threats in or affecting interstate commerce. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, in the early morning hours of  May 3, 2023, an individual, later identified as Parson, called the Buffalo Police Department A-District, and stated that he was going to “shoot up” a “fellowship church” on May 7, 2023. Parson also stated that “they knew who he was, and they had it coming.” Later that morning, at approximately 7:50 a.m., Parson called the Buffalo Police Department D-District and stated that he was going to “slaughter” a specific family located in Buffalo at 2:30 p.m. And shortly before 9:00 a.m., Parson called the Buffalo Police Department C-District and stated that he would conduct a mass shooting at an unspecified Tops grocery store.

Parson was arrested in Las Vegas, Nevada and ordered held following a detention hearing in Federal Court in the District of Nevada. He will be returned to the Western District of New York at a later date.

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

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

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced that Lairon Graham a/k/a Shah a/k/a Uncle Shah a/k/a Unc, 65, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl and sex trafficking by force or coercion. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $20,000,000 fine.

Assistant U.S. Attorneys Nicholas T. Cooper and Aaron J. Mango, who are handling the case, stated that between 2013 and August 2021, Graham coerced four victims to engage in commercial sex acts by exploiting their addictions, by providing the victims with crack cocaine or heroin. Graham also used physical violence and threats of physical violence to get the victims to engage in commercial sexual activity. Graham brutally beat one victim on a near-daily basis.

In addition, between June 2020, and Spring 2021, Graham organized and led a drug conspiracy, selling cocaine, crack cocaine, heroin, and fentanyl out of a residence on Swinburn Street in Buffalo. In the Spring of 2021, Graham moved his drug dealing operation into a Liddell Street residence. Graham was the primary source of supply of heroin and fentanyl to multiple individuals. Between January and August 2021, Graham resided on Davey Street in Buffalo, where on August 25, 2021, investigators executed a search warrant at the residence, seizing 43 grams of fentanyl, 37 grams of crack cocaine, $2,500 in cash, and assorted drug paraphernalia. Graham also used this residence to sell drugs and possessed a firearm inside the residence.

“This defendant not only sold dangerous and illegal drugs in our community, he used the addiction of vulnerable women to prey upon them and force them to commit sex acts for his financial benefit” stated U.S. Attorney Ross. “We as a society cannot, and will not, tolerate this type of criminal activity. With the work of our law enforcement partners, we have convicted this defendant, along with others who’ve engaged in this reprehensible behavior, and we will continue to investigate and prosecute anyone who commits these offenses in our community.”

FBI Special Agent-in-Charge Matthew Miraglia stated, “As today’s plea details, Lairon Graham showed zero regard for human life by deceiving, manipulating, and profiting off those grappling with addiction for his benefit. The FBI’s focus is, and always will be, on protecting our communities from these violent offenders. The FBI and our law enforcement partners will continue our collaborative efforts to identify and dismantle violent gangs found to be dealing in the deadly drug trade.”

“Graham used violence and addiction to coerce and control the women he victimized—a technique all too common among human traffickers. After today’s guilty plea, Graham will be off the streets and looking at a significant federal sentence for his crimes,” said Matthew Scarpino, Special Agent-in-Charge for Homeland Security Investigations in Buffalo. “HSI works every day with our law enforcement and non-governmental organizational partners to make our communities safer. It is only through partnerships and collaboration that we can achieve this goal.”

Buffalo Police Commissioner Joseph Gramaglia stated, “These arrests and convictions bring an end to a level of violence that plagued the Broadway area of the City of Buffalo for far too long. Human trafficking, drug dealing, and shootings brought on a significant response from the Buffalo Police Department in partnership with law enforcement of all levels. These convictions were made possible by the dedicated work of the patrol officers and detectives of the Buffalo Police Department working side by side with all of our law enforcement partners. I thank all of our law enforcement partners and the U.S. Attorney's office for obtaining these convictions.” 

Sheriff John C. Garcia stated, “We are delighted about the investigation and outcome. This case demonstrates the tremendous partnership between all levels of law enforcement throughout Western New York to remove this deadly poison from our streets and to end the leader’s reign of brutality and coercion by forcing his victims to engage in sex acts.”

Graham is the last of 10 defendants to be convicted in this case. Also convicted are Kimberly Udrea, Patrick Schrecengost a/k/a Country, Cornelius Truesdale a/k/a Big Corn, Anthony Graham, Johnny Williams, Jordan Davis, Thomas Degree, Joseph Ward, and Jamie Washington. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino; the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia; the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia; the Lancaster Police Department, under the direction of Chief William Karn, Jr.; and the Lackawanna Police Department, under the direction of Chief Mark Packard.

Sentencing is scheduled for September 11, 2023, at 9:30 a.m. before Judge Vilardo.

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BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced that Jade Smart, 34, of Buffalo, NY, who was convicted of unlawfully damaging or destroying property by means of fire or explosive causing personal injury to a public safety officer, was sentenced to serve 51 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney P. Richard Antoine, who handled the case, stated that in the early evening hours of January 28, 2020, the Buffalo Fire Department responded to the scene of a fire at 79 Kilhoffer Street in Buffalo, and found the building engulfed in flames. Ultimately, the building burned completely to the ground. A firefighter injured his back fighting the fire and subsequently went on medical leave to address the injuries. Investigators recovered a firebomb, and a red gas can nearby and ruled the fire an arson. Video footage recovered from a nearby gas station shows Smart filling up a red plastic gas can. Smart then went to 79 Kilhoffer Street, where she poured gasoline from the plastic gas can into a used iced tea bottle and used it to set the residence on fire. 79 Kilhoffer Street was a building owned by the Buffalo Peacemakers and under renovation and possessed by Habitat for Humanity.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division, and the Buffalo Fire Department, under the direction of Commissioner William Renaldo.