Western District of New York

CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that three defendants were sentenced by U.S. District Judge Charles J. Siragusa for their roles in a marijuana trafficking ring on Pardee Street in Rochester, NY.

•    J’Lyne Caldwell, 30, who was convicted of distribution of marijuana and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 61 months in prison. 
•    Elisha Scott, 22, and Strong King, 20, who were convicted of conspiracy to distribute marijuana and brandishing a firearm in furtherance of a drug trafficking crime, were both  sentenced to serve 85 months in prison.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Caldwell, Scott, and King were arrested August 11, 2022, in the area of 55 and 59 Pardee Street in Rochester, following the execution of search warrants at those residences. The search warrants were conducted after an investigation into the sale of marijuana and shootings in that area. Investigators seized marijuana packaged for sale, a loaded firearm, and U.S. currency.   

The sentencings are the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Darren Cox, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Rochester Police Department, under the direction of Chief David Smith.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Corey J. Lattimer, 30, of Elmira, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute 50 grams or more of methamphetamine. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and $10,000,000 fine.  

Assistant U.S. Attorney Robert A. Marangola, who is handling 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 plea 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.

Sentencing is scheduled for June 15, 2023, before Judge Siragusa.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Khaled Abughanem, 50, and Waleed Abughanem, 32, both of Lackawanna, NY, were arrested and charged by criminal complaint with conspiracy to kidnap persons in a foreign country. The charge carries a maximum penalty of life in prison. 

Assistant U.S. Attorneys Charles M. Kruly and Maeve E. Huggins, who are handling the case, stated that according to the criminal complaint, in December 2022, the FBI began investigating the travel of an adult American citizen (Victim), who investigators believe was tricked into traveling from the Buffalo area to Yemen in an attempt to force her into an arranged marriage. The complaint states that defendant Khaled Abughanem, the Victim’s father, and her brother, Waleed Abughanem, discussed killing her if she did not abide by their wishes.

Subsequent investigation determined that in September 2021, without her family’s knowledge, the Victim traveled to Mexico. After learning where she was, the Victim’s family traveled to Mexico and physically forced her, involuntarily, to return to the United States. According to the Victim, her father stated, “she would be traveling outside the United States whether she liked it or not, or he would bury her in the backyard.” The Victim attempted to flee her residence only to find that all doors had been locked. She was also forced to withdraw as a student from the University at Buffalo, lost all access to the internet and social media, and was under constant threat of harm. The Victim was told if she did not comply and agree to an arranged marriage, she would be locked up in her home without contact with the outside world forever and her fiancé, who her family disapproved of, would be killed. 

On September 17, 2021, the Victim’s fiancé called the Lackawanna Police Department stating he had not been able to contact the Victim for over a week. Lackawanna Police responded to the Abughanem residence and advised the family to contact the Victim’s fiancé. Subsequently, The Abughanem family, with the Victim, left Lackawanna and traveled to Sanaa, Yemen, where the Victim is currently being held by family. According to the Victim, her father stated that “you are no longer in the West, you are in the Middle East, women like you are killed.” The Victim stated that her father proposed a marriage for which he would be paid $500,000, but she refused, and as a result was physically assaulted. The Victim’s fiancé continued to call the Lackawanna Police, who responded to the Abughanem residence but were told the Victim is fine and to stop making welfare checks. In April 2022, some members of the family left Yemen and returned to the United States, leaving the Victim in Yemen, under the supervision of two of her brothers. 

The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being held pending a detention hearing on February 17, 2023.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox, Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy. Additional assistance was provided by CPB in Boston, Massachusetts, and the U.S. Department of State’s Diplomatic Security Service.

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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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Daryl Green, 53, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to serve 87 months in prison by U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that in October 2020, law enforcement began investigating the illegal drug activities of Green and his wife, Pamela Green. Daryl and Pamela Green sold cocaine to customers at their East Main Street residence, where they also stored, processed, and packaged cocaine for sale. They also met customers at various locations throughout Monroe County to sell cocaine.

In the early morning hours of October 26, 2021, investigators executed a search warrant at the Green residence, seizing approximately 1.3 kilograms of cocaine, a drug ledger, a digital scale with white powder residue, strainers with a white powder residue, and numerous empty plastic bags. Approximately $45,446 in cash, which consisted of drug proceeds, was also seized during the search.

Pamela Green was previously convicted and is awaiting sentencing.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division; Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino; Immigration and Customs Enforcement, under the direction of Field Office Director Thomas Brophy; the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, the New York State Police, under the direction of Major Brian Ratajczak; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Ontario County Sheriff’s Office, under the direction of Sheriff David Cirencione; the Rochester Police Department, under the direction of Police Chief David M. Smith; the Greece Police Department, under the direction of Chief Michael Wood; the Brighton Police Department, under the direction of Chief David Catholdi; and the Greater Rochester Area Narcotics Enforcement Team.   

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Donald Campbell Sr., 60, of Elmira, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography. The charges carry a minimum penalty of 10 years in prison and a maximum of 40 years. 

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that in July 2022, the National Center for Missing and Exploited Children (NCMEC) received a report from Google, Inc. that a Gmail user possessed, manufactured, and distributed child pornography via Google Photos. Google forwarded multiple images of suspected child pornography from the subject account. Subsequent investigation traced the account to Campbell. On January 9, 2023, the Elmira Police Department executed a search warrant at Campbell’s Linden Place residence, seizing 19 digital storage items. A preliminary analysis  indicates that at least eight items contain child pornography, including over 200 images and videos of child pornography on a cell phone and over 200 images and videos on an SD card. Some of the images include children as young as infancy and children engaged in sexual acts with other children and adults. 

Campbell is a registered level-three sex offender (the highest risk level) following two prior felony child pornography offenses in New York State Court in December 2004 and March 2019.
 
Campbell was detained following a detention hearing this afternoon before U.S. Magistrate Judge Mark W. Pedersen.

The complaint is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Acting Special Agent-in-Charge Darren Cox and the Elmira Police Department, under the direction of Acting Chief Kristen Thorne. 

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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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury returned a 12-count indictment charging Joshua Parra, 31, formerly of Buffalo, NY, now living in Melbourne, Florida, with bank fraud and money laundering conspiracy. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine. 
 
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the indictment, Parra defrauded Bancorp and Stride Bank by creating 94 fictitious disputed transactions on behalf of 11 customers of Fintech Company 1, a financial technology company that offers customers mobile banking services. However, none of the 11 customers’ accounts with Fintech Company 1 had transactions that would justify such disputes. Nearly all of the fictitious disputed transactions were in the amount of $5,000. As a result, funds were transferred from settlement accounts, held at Bancorp and Stride Bank, to accounts maintained by the Fintech Company 1 customers for whom Parra created the fictitious disputed transactions. Losses to Bancorp and Stride Bank totaled approximately $450,000.
 
The indictment is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox.  
 
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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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Steven D. Blumhagen, 71, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to wire fraud, which carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Jonathan P. Cantil and John D. Fabian, who are handling the case, stated that between April 2016, and January 2020, Blumhagen defrauded three investors out of $400,000, by soliciting the victims to purchase interests in entities he claimed to own, manage, or control. Blumhagen told victims that their investments would enable those entities to finance legal marijuana operations, real estate developments, and an investment technology, and that they could expect significant returns on their investments. Instead of using the money as promised, Blumhagen used some or all of the money for personal expenses. He also used the investment of one victim to pay back previous victims. Part of the scheme involved a limited liability company allegedly owned by Blumhagen’s children, which they knew nothing about.

As a result of the scheme, at least one victim experienced a substantial financial hardship, withdrawing funds from a retirement account, resulting in substantial penalties.

Blumhagen has two prior federal convictions in the Western District of New York. In 2006, he pleaded guilty to conspiracy to commit mail fraud for bilking investors out of more than $10,000,000 related to his sale of shares in the golf course project Tee-to-Green, and was sentenced to serve 57 months in prison and ordered to pay more than $10,000,000 in restitution. In 2018, Blumhagen pleaded guilty to bank theft for his involvement in a bond scheme, which raised more than $1,400,000 from potential investors. Blumhagen was sentenced to time served and ordered to pay more than $1,200,000 in restitution. Blumhagen was on pre-trial release for the bank theft charge when he committed the wire fraud. 

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

Sentencing is scheduled for June 9, 2023, before Judge Sinatra.   

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Robert Colon, 32, of Rochester, NY, pleaded guilty to possession with intent to distribute fentanyl before U.S. District Judge Frank P. Geraci, Jr.  The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling 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 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, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for June 15, 2023, at 2:00 p.m. before Judge Geraci.
 
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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Paul LaRocco, 60, of Ocala, Florida, who was convicted of mail fraud, was sentenced to serve 60 months in prison by U.S. District Judge Frank P. Geraci, Jr. LaRocco was also ordered to pay restitution totaling approximately $688,000. 

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that beginning in 2011, LaRocco was employed as a financial advisor by KE Smith Tax Advisory Group, Inc. d/b/a USA Tax & Financial Consultants, offering various financial planning services. In 2012, the business was purchased by Christopher Parris and reincorporated as Ocala Investment Services LLC d/b/a USA Tax & Financial Consultants (USA Tax). LaRocco continued to work for USA Tax through 2018, selling investments in various entities. LaRocco falsely represented to victims that they were investing in companies that sold medical devices and/or offered laboratory series. In actuality, these entities were not bona fide businesses. Victims invested approximately $688,000. 

Between March 28, 2016, and May 31, 2018, LaRocco transferred and/or withdrew all of the funds and used them to pay himself and his own personal expenses. None of the funds were actually invested in a legitimate business and none of the funds were ever returned to any of the victims. LaRocco specifically targeted victims who were of an advanced age and were therefore unusually vulnerable to investment fraud crimes.

Christopher Parris, who was previously convicted of conspiracy to commit mail fraud related to a Ponzi scheme, as well as to wire fraud involving the fraudulent sale of purported N95 masks during the pandemic, was recently sentenced to serve 244 months in prison. 

The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward of the Boston Division; the FBI, Buffalo Division, under the direction of Acting Special Agent-in-Charge Darren Cox, the IRS, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Special Agent-in-Charge, New York Region, and the New York State Department of Financial Services, under the direction of Superintendent Adrienne A. Harris.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Joseph Stevens, 58, of Olean, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to making a materially false statement to a probation officer, which carries a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that Stevens was convicted in Federal Court of bank fraud and tax evasion and sentenced to serve 33 months in prison in August 2018. In April 2020, Stevens began a period of supervised release, during which he was required to meet monthly with a U.S. Probation Officer and complete a monthly supervision report. Making a false statement on the monthly supervision report can result in the revocation of supervised release as well as additional prison time. In December 2020, and January and February 2021, Stevens failed to disclose the existence of a Wells Fargo checking account that he had opened in his name in October 2020. This account was subsequently used to receive fraudulently obtain unemployment insurance benefits.

The plea is the result of an investigation by the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent-in-Charge John Pias and the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Special Agent-in-Charge Jonathan Mellone, New York Region. 

Sentencing is scheduled for June 27, 2023, at 11:30 a.m. before Judge Wolford.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Tavares Wilson, 41, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $5,000,000 fine. 

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between November 2020, and October 26, 2021, Wilson conspired with others to sell cocaine. Wilson obtained kilogram quantities of cocaine, which he then broke down into smaller quantities and re-sold. On October 26, 2021, investigators executed a search warrant at Wilson’s residence on Genesee Park Boulevard, seizing approximately 642 grams of cocaine and drug trafficking paraphernalia, including a digital scale with cocaine residue, plastic baggies, and cutting agent. Investigators also found approximately $6,594 in cash, which were proceeds from Wilson’s drug trafficking activities. 

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division and the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge. 

Sentencing is scheduled for May 1, 2023, at 2:30 p.m. before Judge Geraci.   

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Beyond Reps, Inc. d/b/a IronRod Health and Cardiac Monitoring Services (“IronRod”) has agreed to pay $673,200.92 to resolve allegations arising under the False Claims Act that they submitted false claims to federal health care programs relating to remote cardiac monitoring services.

Assistant U.S. Attorney David M. Coriell, who handled the case, stated that IronRod is a healthcare solutions company with headquarters in Phoenix, Arizona. IronRod provides remote cardiac monitoring services, among other services.  The Government alleges that between January 1, 2018 and April 30, 2021, IronRod utilized technicians who lacked required credentials to conduct remote cardiac monitoring readings. The government also alleges that between June 1, 2018 and August 20, 2018, IronRod misrepresented that it performed services in New York State in order to obtain higher reimbursements from Medicare for remote cardiac monitoring services.

“Providers that seek payment from federal health programs are required to follow laws meant to protect beneficiaries, as well as to protect the integrity of those programs,” said U.S. Attorney Ross. “Our office is committed to pursuing cases against any provider that cuts corners or seeks to obtain payments for which they are not entitled.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Coleen DeGroat. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. DeGroat v. Beyond Reps, Inc. et al., 20-cv-1262 (W.D.N.Y.). Ms. DeGroat will receive a share of the settlement.

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

CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Maria D’Amato, 28, of Buffalo, NY, was charged by criminal complaint with production of child pornography. The charge carries a maximum penalty of 30 years, and a fine of $250,000.  

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the complaint, in June 2022, the Town of Tonawanda Police Department received a complaint that D’Amato had sexually assaulted a 14-year-old girl (Minor Victim). During the subsequent investigation, law enforcement searched a cell phone that belonged to the Minor Victim’s sister. The sister had located images and videos of the alleged assault, as well as text conversations between D’Amato and the Minor Victim, took screenshots, and then sent them to her own phone. 

The complaint is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Acting Special Agent-in-Charge Darren Cox, and the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger.

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

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y.B U.S. Attorney Trini E. Ross announced today that Hugh Mahoney, 50, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to robbing the ESL Federal Credit Union on Merchants Road in Rochester. The charge carries a maximum possible penalty of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Charles E. Moynihan, who is handling the prosecution, stated that on August 22, 2022, Mahoney entered the ESL Federal Credit Union, approached a teller, and displayed a demand note which stated, “You are being robbed. 100, 50, 20, no dye packs.” The teller handed approximately $3,260 in United States currency to Mahoney, who took the money and left the credit union. Officers responding to investigate the robbery stopped a vehicle in which Mahoney was riding and saw a hat and shirt which appeared to match the suspect’s reported description from the robbery. Mahoney admitted that he was given a ride to the credit union by the driver of the vehicle, but the driver did not know that Mahoney was going to rob the credit union. 

The charges are a culmination of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox and the Rochester Police Department, under the direction of Chief David Smith. 

Sentencing is scheduled for June 1, 2023, at 9:15 a.m. before Judge Siragusa.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Fernando Santiago, 67, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute fentanyl and being a felon in possession of ammunition. The fentanyl charges carry a maximum penalty of 20 years, and a fine of $1,000,000 or both.  

Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that on June 28, 2022, law enforcement, who were investigating Santiago’s drug trafficking activities,  approached Santiago to perform a welfare check after seeing him fall from a stopped minivan he was driving. After seeing an unknown pill not contained in any prescription pill bottle in the driver’s door, officers detained Santiago and searched the vehicle. Officers found various quantities of suspected controlled substances, later confirmed to be cocaine, fentanyl and para-flourofentanyl. Officers then obtained a search warrant for a Norton Street residence where Santiago had been earlier that day. During the search, officers recovered 40 rounds of ammunition.  Santiago was previously convicted of five separate felonies and is legally prohibited from possessing ammunition. 

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

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

Sentencing is scheduled for May 31, 2023, at 12:30 p.m. before Judge Wolford.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Dawn Emanuel, 48, of Easton, Pennsylvania, pleaded guilty to conspiracy to commit wire before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison.  

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Emanuel conspired with others to apply for and obtain Economic Injury Disaster Loans (EIDL) during the COVID pandemic, to which she and her co-conspirators were not entitled. Emanuel completed and filed EIDL applications that contained false representations in order to obtain loan proceeds for others who were not qualified to receive such loans. In return for her role in the conspiracy, Emanuel received a percentage of the loan proceeds, totaling approximately $127,348. The total loss amount to the government was approximately $900,000.

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

Sentencing is scheduled for June 7, 2023, before Judge Skretny.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Tyler Collins, 27, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to assaulting a federal officer and causing a bodily injury. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorneys Franz M. Wright and Douglas A. C. Penrose, who are handling 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 plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia. 

Sentencing is scheduled for June 7, 2023, at 10:30 a.m. before Judge Skretny.   
 

CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Frederick Trevitt, 60, of Newark, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in August 2022, New York State Police investigators working undercover online, downloaded approximately 36 files of suspected child pornography from an IP address later traced to Trivett. On January 4, 2023, the NYSP executed a search warrant at Trevitt’s residence, seizing multiple electronic devices. A forensic analysis discovered more than 100 child pornography files on a laptop computer. 

Trevitt made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held.

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

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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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jacob V. Schmidbauer, 41, of Lancaster, NY, was arrested and charged by criminal complaint 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 Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 8, 2023, the Lancaster Police Department received information that Schmidbauer allegedly recorded a sexually explicit video of a minor female victim. During the course of the investigation, law enforcement seized a total of 22 electronic devices that belong to Schmidbauer as well as an SD card. A review of the SD card recovered 32 video clips, which included the sexually explicit video of the minor female victim. 
 
Schmidbauer made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held.

The criminal complaint is the result of an investigation by the Lancaster Police Department, under the direction of William Karn, Jr., 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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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Jose Rodriguez-Quinones, 42, of Rochester, NY, who was convicted of possession with intent to distribute cocaine and fentanyl and being a felon in possession of a firearm, was sentenced to serve 151 months in prison by U.S. District David G. Larimer.    

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on March 10, 2022, members of the U.S. Marshals Fugitive Task Force apprehended Rodriguez-Quinones on an outstanding arrest warrant for absconding from post-release supervision by the United States Probation Office. Rodriguez-Quinones was on post-release supervision after serving a 10-year prison sentence for conspiracy to distribute cocaine. Rodriguez-Quinones was in a vehicle when he was discovered by task force members. During a search of the vehicle, law enforcement recovered 400 baggies of cocaine and 604 baggies of fentanyl, all packaged for street level distribution,  two loaded handguns and approximately $2,900 in cash. Rodriguez-Quinones was convicted of felony offenses in 2000 and 2006 in New York State Court and is legally prohibited from possessing a firearm.   

The sentencing is the result of an investigation by the U.S. Marshals Service, 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.
 

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Eric Passalacqua, 36, of Phelps, NY, was arrested and charged by criminal complaint with production, receipt, distribution, and possession of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, a lifetime period of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on January 20, 2023, the Rochester Office of the FBI 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. On January 24, 2023, investigators executed a search warrant at Passalacqua’s residence. A preliminary forensic examination of his phone revealed multiple images of child pornography, including images that Passalacqua produced of a minor victim.   

Passalacqua made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held.    

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox and the Ontario County Sheriff’s Office, under the direction of Sheriff David Cirencione.   

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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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Allen DeCola, 65, of Perry, Ohio, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to making a false statement during the purchase of a firearm. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that DeCola is a former federal firearms licensee, who operated under the name MGA Arms, Inc. On three separate occasions in May 2018, DeCola sold a total of 21 firearms to three straw purchasers, meaning that the individuals buying the firearms were doing so for other people. However, all three straw purchasers falsely stated on a form required by the Bureau of Alcohol, Tobacco, Firearms and Explosives, that they were the actual purchaser of the firearms. DeCola knew that this was false. 

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia. Additional assistance was provided by the ATF in Youngstown Ohio, and the Ashtabula, Ohio Police Department.

Sentencing is scheduled for June 27, 2023, before Judge Wolford.   

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that David J. Erhardt, 52, of Blasdell, NY, who was convicted of unauthorized possession of imitation badge, was sentenced to serve six months in prison by U.S. Magistrate Judge H. Kenneth Schroeder.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in May 2016, Erhardt entered into a romantic relationship with a woman (Victim) and during that relationship, falsely stated that he had obtained employment with the U.S. Department of Homeland Security. On August 30, 2020, Erhardt texted the Victim a photograph of a United States Homeland Security Investigations badge. However, Erhardt was not an employee or contractor of the U.S. Department of Homeland Security and had no legal authority to possess a United States Homeland Security Investigations badge or colorable imitation. 

The sentencing is the result of an investigation by the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent-in-Charge John Pias, and Immigration and Customs Enforcement, Office of Professional Responsibility, under the direction of Special Agent-in-Charge Jimmy Valenzuela.

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David L. Brinson, 60, of Waterloo, NY, pleaded guilty to possession of a firearm by a convicted felon before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on the morning of September 14, 2022, New York State Parole Officers went to Brinson’s residence on Seneca Boulevard in Waterloo to conduct a home visit. During the visit, a parole officer went inside of Brinson’s bedroom and found a .22 caliber rifle. Brinson was previously convicted in 2000, 2006 and 2016 of felony charges and is legally prohibited from possessing a firearm.   

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 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 May 18, 2023, at 3:00 p.m. before Judge Larimer.   

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that William A. Quinones, 48, of Mayville, NY, was arrested and charged by criminal complaint with transportation of a minor with intent to engage in criminal sexual activity and sex trafficking of a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in July 2021, the Chautauqua County Sheriff's Office received a complaint that Quinones had been sexually abusing two children over the past eight years. A subsequent investigation identified a total of four minor victims.

According to the criminal complaint, during interviews with investigators, the victims stated that Quinones raped or attempted to rape and sexually abused them. Quinones threatened them with violence or threatened to hurt their families if they disclosed what he was doing. The complaint states that Quinones had regular sexual contact with one minor victim beginning when she was eight years old, as often as three to four times each week. The minor victim told investigators that Quinones started paying her in exchange for sexual contact, beginning when she was 13 years old until age 16 years old. On one occasion, Quinones took her to Erie, PA, to pick up drugs. Prior to returning home, Quinones stopped at a motel to engage in sexual intercourse. During the course of the sexual abuse, Quinones repeatedly raped and physically abused her.  

Quinones made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was ordered held following a detention hearing.

“Defendants who engage in the intentional harm of individuals, by forcing those individuals into actions they would not have otherwise engaged in, must be held accountable,” stated U.S. Attorney Ross. “While January is Human Trafficking Awareness Month, each and every day we must continue to create awareness of both sex and labor trafficking, which often victimize those who are most vulnerable, and negatively impact our communities. My office will continue to work with law enforcement to investigate and prosecute those who engage in this form of modern-day slavery.”    

“These crimes tear at the foundation of our communities and victimize the most vulnerable members of our society,” said Matthew Scarpino, HSI Buffalo Special Agent-in-Charge “Our agents and victim assistance specialists will continue to seek justice for these victims and hold child predators accountable.”

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

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

# # # #
 

CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Katie Calimeri, 30, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between 2019, and June 2022, Calimeri conspired with others to sell heroin, fentanyl, and methamphetamine for profit and for her own use. Calimeri utilized Facebook to conduct her drug trafficking activities, including making deals with associates, suppliers, and customers. On February 11, 2021, Calimeri sold heroin to an individual working with the Jamestown Metro Drug Task Force.
 
Co-defendant Rachelle Allison was previously convicted and is awaiting sentencing. Charges remain pending against co-defendants Ryan Bloom and Morales Sanchez.

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

Sentencing is scheduled for July 21, 2023, at 9:00 a.m. before Judge Sinatra. 

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Luis Martinez, 51, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to possess with intent to distribute, and to distribute, five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a fine of $5,000,000. 

Assistant U.S. Attorneys Evan K. Glaberson and Michael J. Adler, who are handling the case, stated that in May and June of 2020, Martinez conspired with others to sell methamphetamine. On June 5, 2020, investigators executed a search warrant at a  Water Street residence, recovering approximately 20 grams of cocaine, a loaded Glock, $3,534 in cash, 14 individually wrapped plastic bags containing a total of approximately 363 grams of methamphetamine, a kilo press, two digital scales, a number of cell phones and tablets, additional smaller bags of cocaine and methamphetamine, and other drug paraphernalia. 

On June 10, 2020, investigators received information that Martinez had an outstanding parole warrant issued against him, at which time he was located in a vehicle on Price Street and taken into in custody. Law enforcement also recovered another  $37,670 in cash behind a residence. 

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

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

Sentencing is scheduled for May 31, 2023, at 10:00 a.m. before Judge Sinatra. 

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Mathew Schulman, 36, of Rochester, NY, pleaded guilty to possession of child pornography following a previous conviction before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, a lifetime period of supervised release, and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between May 2021, and June 2022, Shulman engaged in sexually explicit online communications with who he believed was an 11-year-old girl, but was actually an undercover New York State Police (NYSP) Investigator. During the conversations, Shulman asked the child produce and send to him child pornography, and tried to persuade the child to meet him for sex. Shulman also distributed child pornography depicting prepubescent minors in an attempt to groom the child for sexual activity. On June 7, 2022, the NYSP and Homeland Security Investigations executed a search warrant at Shulman’s Rochester residence and took him into custody. At the time of his arrest, Shulman was a registered sex offender on probation for a June 2016 conviction of possessing child pornography in Monroe County Court. 

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

Sentencing is scheduled for June 8, 2023, at 2:30 p.m. before Judge Wolford.   

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Genesis Tolentino-Cruz, 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, was sentenced to serve 120 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 Cruz, and co-defendant Orlando Albert-Arroyo, 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 Cruz and Arroyo. On April 19, 2019, a federal search warrant was executed at Cruz and Arroyo’s residence, during which heroin, ammunition, a rifle, a pistol, and drug processing items were seized.  

Orlando Albert-Arroyo was previously convicted and scheduled to be sentenced on March 2, 2023.
 
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank 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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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Esteven Matos, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute 500 grams or more of methamphetamine and being a felon in possession of firearms and ammunition. The charges carry a mandatory minimum penalty of 10 years in prison.

Assistant U.S. Attorneys Nicholas T. Cooper and Joshua A. Violanti, who are handling the case, stated that on October 30, 2020, a federal search warrant was executed on a USPS Priority Mail Parcel addressed to “Antonio Cortes 1326 ELECTRIC Ave. LACKAWANNA, NY 14218.” The package contained one kilogram of cocaine. On November 3, 2020, the parcel, the contents of which were replaced with “sham,” was delivered to 1326 Electric Avenue and taken inside by a co-defendant. A short time later, investigators conducting surveillance observed defendant Matos arrive at the residence. After Matos arrived, the parcel was opened. A search warrant was then executed at the residence. Investigators seized two loaded firearms, one of which was stolen, approximately 260 grams of fentanyl, 1,451 pills containing methamphetamine, the kilogram of “sham” cocaine, digital scales, sandwich baggies, five cell phones, and over $63,000 in US currency, which constituted proceeds from Matos’s illegal narcotics sales. 

Matos was previously convicted of felony offenses in 2010, 2011, and 2015, and is legally prohibited from possessing firearms and ammunition.  

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 Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Ketty Larco Ward, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.

Sentencing is scheduled for May 17, 2023, at 10:00 a.m. before Judge Sinatra. 

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Gregory Pum, 47, of Rochester, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography after having previously been convicted of a sexual offense. The charges carry a minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in January 2014, Pum was convicted of Possessing a Sexual Performance by a Child less than 16 Years of Age, and sentenced to 10 years’ probation. In July 2014, Pum violated his probation and was resentenced to 1 to 3 years in state prison. He was paroled in May 2015 and placed on the sex offender registry. In May 2022, the National Center for Missing and Exploited Children (NCMEC) received a CyberTipline Report that 29 files of suspected child pornography had been uploaded to an account belong to Pum. NCMEC alerted the New York State Police, who subsequently learned of seven additional CyberTips Google submitted, all of which traced back to Pum. On June 10, 2022, NYSP investigators executed a search warrant at Pum’s residence, seizing several digital devices, including cell phones and tablets. A preliminary forensic review recovered approximately 20 images and five videos containing child pornography.

The complaint is the result of an investigation by the New York State Police, under the direction of Major Brian Ratajczak, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox, and the National Center for Missing and Exploited Children. 

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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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Julie Keller, 57, of Corfu, NY, who was convicted of wire fraud, was sentenced to serve one year probation, and pay restitution totaling $162,853.59, by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Franz M. Wright, who handled the case, stated that in December 2014, Keller began communicating online with someone who identified themself as “Eric Holder,” who claimed to be raising money to build an orphanage in Africa. Between July 2015 and September 2020, Keller received money from numerous individuals (victims) who allegedly were contributing financially to the orphanage project. Keller deposited the money in bank accounts at First Niagara Bank, M&T Bank, KeyBank, and Bank of America that she owned and controlled, before dispersing the funds to other bank accounts located outside of the United States. During the course of the scheme, each of the banks closed Keller’s accounts, advising her that the accounts were closed due to suspicious and fraudulent activity. However, Keller became aware during the course of the scheme that the orphanage project was fraudulent and the individuals sending her money were doing so under false pretenses, or she strongly suspected that the scheme was fraudulent but consciously avoided learning the truth, and continued to deposit funds into her accounts from victims. The total loss amount to victims was $182,730.76.

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.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jose A Solis-Pizzaro, 43, and Mirelys Camacho Betancourt, 27, both of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to attempt to possess with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.  

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that on February 1, 2021, law enforcement executed a search warrant on a parcel addressed to “Axel Rodriguez 430 Parker Ave. Buffalo, NY 14216.” Investigators recovered approximately 1024 grams of cocaine. A few days later, on February 3, 2021, the contents of the parcel were replaced with sham and delivered to 403 Parker Avenue by an undercover law enforcement officer. While standing in front of the residence, Solis-Pizzaro approached the officer and stated that the subject parcel belonged to him, and that he lived at the residence. Shortly after receiving the parcel, Solis-Pizzaro got into a black BMW vehicle. He was then arrested, and the subject parcel was recovered in the vehicle. 

Later that day, Camacho Betancourt arrived in the vicinity where the package was delivered, was questioned by law enforcement about her connection to the residence and taken into custody. Camacho Betancourt admitted that she was paid to locate addresses in Buffalo, NY, where parcels containing drugs could be delivered.

The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

Camacho Betancourt is scheduled to be sentenced on May 31, 2023, and Solis-Pizzaro on June 1, 2023, both before Judge Vilardo.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Joseph Perez, 23, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in November 2020, Twitter reported that one of its users uploaded four images of child pornography to the Twitter site. Subsequent investigation traced the images to a Twitter account belonging to Perez. On November 5, 2021, investigators seized Perez’s electronic devices, including a cellular phone, which contained approximately 125 videos of child pornography. Some of the videos included children under the age of 12 engaged in sexually explicit conduct.

At the time of his federal arrest, there was an active arrest warrant for Perez out of Potter County, Texas. As a part of his federal plea, Perez admits that he sexually abused a minor victim in the State of Texas on more than two occasions.

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

Sentencing is scheduled for May 15, 2023, before Judge Siragusa.   

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Raymond G. Girard, 34, of Rochester, NY, was charged by criminal complaint with being a felon in possession of ammunition, which carries a maximum penalty of 15 years in prison. 

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, the Monroe County Sheriff's Office and the New York State Police have had ongoing investigations into Girard stemming from a death threat he allegedly made against a Monroe County Politician in early January 2023 and for possession of stolen property and identity theft. This resulted in Girard being charged with Making a Terroristic Threat. 

On the afternoon of January 14, 2023, the Monroe County Sheriff’s Office took Girard into custody as he exited his Hudson Avenue residence in Rochester.  New York State Police Investigators then executed a search warrant on the residence, during which they seized multiple rounds of live and spent ammunition. In June 2016, Girard was convicted in Monroe County Court of Attempted Criminal Possession of a Weapon 2nd and is legally prohibited from possessing ammunition.

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

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

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Michael MacPherson, 56, of Kenmore, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to mail fraud and tax evasion. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that in January 2017, MacPherson solicited an individual 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 that, in exchange for a $75,000 investment, the individual would receive a 15-20% return within 90 to 120 days. The individual sent MacPherson a check made payable to Paget Trust, LLC, the company through which MacPherson primarily operated his business activities. MacPherson, however, 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 individual 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 individual sent MacPherson a check for $20,000, made payable once again to Paget Trust, LLC. Once again, MacPherson 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, between 2015 and April 15, 2019, MacPherson attempted to evade income taxes for calendar years 2015 and 2017. For tax year 2015, he failed to file a federal income tax return 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 plea is the result of an investigation by the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso.

Sentencing is scheduled for May 25, 2023, before Judge Arcara.
 

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David Guest, 25, of Hilton, NY, who was convicted of cyberstalking, was sentenced to 27 months in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in 2019, Guest began threatening and harassing an acquaintance (victim) through various social media accounts. Guest posted nude photographs of the victim to various porn websites with the victim’s full name and sent nude photographs of the victim to the victim’s family members, colleagues, former classmates, and friends. Guest also used fake online accounts in an attempt to extort the victim into producing additional sexually explicit content. As a result of Guest’s conduct, the victim suffered extreme emotional distress.
 
The sentencing is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Saleh Mozeb, 67, of Buffalo, NY, who was convicted of health care fraud, was sentenced to serve one year probation, and pay restitution totaling $12,619.12 by U.S. District Judge John L. Sinatra, Jr. 

Assistant U.S. Attorney John D. Fabian, who handled the case, stated that Mozeb was a one-third owner in, and a driver for, Great Lake Transportation, which offered transportation services to Medicaid recipients. Between September 2016, and December 31, 2020, drivers for Great Lake Transportation, including Mozeb, submitted false and fraudulent attestation records to Medical Answering Service, a Medicaid transportation management company that scheduled transportation services for Medicaid recipients. Mozeb claimed that covered transportation services had been provided to Medicaid recipients, when in truth and in fact, no such transportation services had been provided.  

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Darren Cox; the New York State Medicaid Fraud Control Unit, under the direction of New York State Attorney General Letitia James; the New York State Police, Special Investigation Unit, under the direction of Major Eugene Staniszewski; the New York State Department of Financial Services, under the direction of Superintendent Adrienne Harris; the New York State Office of Inspector General, under the direction of Inspector General Lucy Lang; the New York State Comptroller’s Office, under the direction of Thomas DiNapoli, and U.S. Border Patrol, under the direction of Chief Patrol Agent Buffalo Sector Thomas G. Martin. 
 

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Sherron Kye, 39, of Buffalo, NY, who was convicted of possession with intent to distribute fentanyl and 4-ANPP, was sentenced to serve 40 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on March 5, 2020, Buffalo Police and the Erie County Sheriff's Office arrived at a residence on Mills Street in Buffalo to execute a search warrant, at which time they observed Kye and co-defendant Torrance Bailey walking on the street. Recognizing law enforcement, Kye and Bailey attempted to flee. Bailey threw a set of keys prior to being taken into custody and Kye was observed discarding a bag as he attempted to enter a parked vehicle on Mills Street. Both the keys and bag were recovered. One of the keys fit the lock at the target residence of the search warrant, while the bag contained suspected fentanyl. Both men were arrested. During the execution of the search warrant, investigators recovered approximately five ounces of suspected fentanyl, a hydraulic press with suspected fentanyl residue, a metal press with suspected fentanyl residue, a digital scale with suspected fentanyl residue, and packaging material for narcotics distribution.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Chief Joseph Gramaglia, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino. 
 

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Massey, 32, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to possession of firearm by a convicted felon, which carries a maximum penalty of 15 years in prison and a fine of $250,000.  

Assistant U.S. Attorney Katelyn M. Hartford, who is handling 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 plea 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.

Sentencing is scheduled for May 22, 2023, before Judge Wolford.

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Carlton Nemec, 50, who was convicted of production of child pornography and possession of child pornography involving a prepubescent minor, was sentenced to serve 26 years in prison by U.S. District Judge John L. Sinatra, Jr. 

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between July 2013, and July 2017, Nemec coerced a minor, Victim 1, to engage in sexually explicit conduct from the time she was 8 years old to 12 years old. Investigators located numerous sexually explicit images created by Nemec saved on electronic devices that were seized from his residence. In addition, Nemec possessed more than 600 images containing child pornography on several of the electronic devices seized. Some of the images involved prepubescent minors and contained depictions of violence. 
 
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Devon Clark a/k/a Booski, 33, of Kenmore, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute 40 grams or more of fentanyl, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on November 13, 2019, officers from the Kenmore and Lackawanna Police Departments executed a search warrant at Clark’s residence on West Hazeltine in Kenmore, NY, looking for evidence of narcotics trafficking. During the execution of the search warrant at the residence and of Clark’s vehicle, officers seized quantities of cocaine, crack cocaine, and fentanyl, two digital scales, drug packaging materials, and approximately $3,220 in cash. On January 16, 2020, the Erie County Sheriff’s Department executed search warrants at two residences on Holmes Street in Buffalo, NY, which were associated with Clark. Law enforcement recovered a small amount of marijuana, ammunition, and drug paraphernalia. 

The plea is the result of an investigation by the Kenmore Police Department, under the direction of Chief Thomas J. Phillips, the Lackawanna Police Department, under the direction of Chief Mark Packard, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino. 

Sentencing is scheduled for June 8, 2023, at 11:30 a.m. before Judge Arcara.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Benjamin Bolton, 38, of Getzville, NY, who was convicted of using social media to threaten to kill Amherst Police officers, was sentenced to serve 33 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on March 18, 2022, Amherst, NY, police officers responded to reports of a male carrying a rifle in the vicinity of Sweet Home Road, near the nature view parking lot. The complainant told officers that she saw the male, later identified as Bolton, place the rifle in the trunk of a Black Toyota Corolla. Officers located the vehicle in the area, but it was unoccupied. A few hours later, officers observed Bolton exiting the woods with a suspected long gun. Bolton told officers it was a BB gun, which the officers verified that it was. Officers then advised Bolton the town ordinance that individuals are prohibited from carrying firearms in certain areas of the township, and Bolton left the area.

On April 8, 2022, Amherst officers responded to a Starbucks on Transit Road, for a menacing call. The victim stated that a black Toyota Corolla had “cut off” the victim as they were trying to enter the drive thru. As the victim attempted to drive around the vehicle, the victim saw the Corolla’s driver pointing what appeared to be a handgun out of the window and at the victim. The victim then fled the area and called 911. Officers located and stopped the black Toyota Corolla in the vicinity of Dodge and Glen Oak Roads. Bolton was taken into custody by Amherst Police Officers.

On April 10, 2022, Bolton posted communications on his Instagram and Twitter accounts, threatening members of the Amherst Police Department. On his Instagram account, Bolton posted, “Fictionally speaking, it’s time to kill a bunch of Amherst cops in front of their families.” Another post on the same day, which included a picture of Amherst Police Headquarters, read, “fictionally speaking, it’s time for this building to be blown up with all the cops and judges inside.” Bolton also posted a similar message on his Twitter account. 

The sentencing is a result of an investigation by the Amherst Police Department, under the direction of Chief Scott P. Chamberlin, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury. 

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

ROCHESTER, NY--U.S. Attorney Trini E. Ross announced today that Thomas J. Loewke, 51, of Rochester, NY, was arrested and charged by criminal complaint with obstruction of a state or local law enforcement investigation and obstruction of an official proceeding. The charges carry a maximum penalty of 20 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, in October of 2020, Homeland Security Investigations joined an ongoing joint federal, state, and local law enforcement investigation into illegal gambling businesses. One of the businesses was an illegal bookmaking operation, which was managed through accounts on the website sport700.com. Multiple members of the business had access to the website in order to manage and operate the business, violating multiple New York State laws. 

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. Investigators also monitored accounts on sport700.com. 

On January 3, 2021, a search warrant was executed on one account belonging to an individual identified as Target 1 of the investigation. A review of the account indicated that Target 1 had 16 sub-agents, who collectively managed 221 individual bettor accounts. Throughout the duration of the account, April 25, 2019, through January 3, 2021, Target 1 generated $1,241,172 in gambling profits. In February 2021, a search warrant was executed on an account belonging to a second target (Target 2) of the investigation. Target 2’s account was created on April 25, 2016, had 128 sub-agent accounts managing 1,789 individual bettors, and profits totaling $8,945,629.

During the investigation, investigators overheard a phone call between Target 1 and Target 2, during which Target 1 said that a member of the New York State Troopers named “TJ” had tipped him off to the ongoing investigation.  The Targets then discussed changing the passwords and domain name of the website and erasing the betting history in order to avoid detection.  At the time, Loewke was a Sergeant with the New York State Police.

Subsequent investigation determined that, on December 17, 2020, a uniformed New York State Trooper performing maintenance on the computer of an NYSP Senior Investigator involved in the investigation observed a draft affidavit, which included Target 1’s name in plain view at the top of the document. Access to the Senior Investigator’s office was controlled by a swipe card system. Records indicate that on December 17, 2020, the Trooper accessed the office three times in the morning. A review of the Trooper’s cell phone shows that during those times, the Trooper sent an outgoing text message and made two calls to a cellular phone number registered to Loewke. Two additional calls were made to Loekwe’s cell phone that afternoon. The text message stated “Call me ASAP.”  The Trooper subsequently confirmed that he had disclosed the existence of the investigation to Loewke. A search of Loewke’s phone also uncovered evidence that he engaged in illegal sports betting by placing numerous bets with another individual.

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

The criminal complaint 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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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Alisha Centi, 28, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between March 2020, and June 2021, Centi and co-defendant Garson Butcher conspired with others to possess and sell heroin, fentanyl, and methamphetamine. On March 29, 2020, Centi and Butcher sold fentanyl which resulted in the death of an individual identified as T.R. On September 28, 2020, Centi and Butcher sold heroin to an individual identified as K.K., who overdosed but regained consciousness after receiving multiple doses of Narcan. In addition, Centi and Butcher used residences on Fairview Avenue and Roland Road to manufacture and distribute heroin, fentanyl, and methamphetamine.

Butcher was previously convicted and is awaiting sentencing. 

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

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

Sentencing is scheduled for June 30, 2023, at 10:00 a.m. before Judge Sinatra.

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jose A. Der, Jr., 50, of Brooklyn, NY, who was convicted of trafficking in prohibited wildlife, was sentenced to serve two years’ probation and a $10,000 fine payable to the Lacey Act Reward fund by U. S. District Judge John L. Sinatra, Jr. 

Assistant U.S. Attorney Aaron J. Mango, who handled the case state that in November 2016, Der owned a business, Der Dau Custom Made Boots & Shoes, Inc., in Brooklyn, NY. Der used Der Dau’s corporate delivery account to have four shipments of custom-made boots imported from Canada at the Peace Bridge Port of Entry. The shipments contained nine pairs of boots trimmed with exotic wildlife skins, including stingray, crocodile, python, and monitor lizard. The boots, which were being returned to Der for alteration and/or repair but were intercepted and inspected at the border and subsequently seized by the U.S. Fish and Wildlife Service (USFWS). The boots were not declared to USFWS and no required permits accompanied the shipments. The seized boots were valued at approximately $20,593. The investigation determined that following the boot seizures, Der replaced the Canadian customer’s boots but did not declare the replacement boots to USFWS or obtain permits. Between 2015 and 2020, 48 additional pairs of custom-made boots comprised with exotic wildlife leathers were shipped in international commerce by Der to customers. Der did not file a declaration with USFWS or obtained permits. The value of the custom boots which were unlawfully shipped in international commerce is $129,361.

The sentencing is the culmination of an investigation by the United States Fish and Wildlife Service, under the direction of Ryan Noel, Special Agent-in-Charge of the USFWS-Office of Law Enforcement North-Atlantic Appalachian Region, the New York State Department of Environmental Conservation, and Environment and Climate Change Canada, under the direction of Robert Baxter, Operations Manager, Wildlife Enforcement Directorates Major Case Unit, Ontario Region.

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CONTACT: Barbara Burns            
PHONE:       (716) 843-5817    
FAX #:          (716) 551-3051        

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Nikita Burt, 39, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, crack cocaine, was sentenced to serve 21 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between October 2021, and January 12, 2022, Burt supplied crack cocaine to co-defendant David Garrett, who then sold the cocaine to an individual working with the Drug Enforcement Administration (DEA). Between November and December 2021, the DEA conducted three controlled purchases of cocaine from David Garrett. On January 12, 2022, DEA agents executed search warrants on Burt’s vehicle and his Mortimer Street residence, which agents believed he was utilizing as a location to store drugs. During the search of Burt’s vehicle, they recovered $2,334 in cash. During the search of Burt’s Mortimer residence, agents recovered three defaced handguns. One of the handguns was linked to Burt through DNA analysis.

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

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Cynthia McKnight, 24, of Rochester, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to two counts of simple assault in the special aircraft jurisdiction of the United States, which each carry a maximum penalty of six months in prison and a $5,000 fine. 

Assistant U.S. Attorneys John D. Fabian and Charles M. Kruly, who are handling 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 plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury and the Niagara Frontier Transportation Authority Police, under the direction of Chief Brian Patterson. 

Sentencing is scheduled for May 16, 2023, before Judge Vilardo.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Lazarus R. Hayes, 33, of Niagara Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of a firearm in furtherance of drug trafficking, which carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that on June 19, 2021, the Niagara Falls Police Narcotics Unit and Niagara County Drug Task Force executed a search warrant at Hayes’s Pierce Avenue residence. During the search, they recovered from a bag belonging to co-defendant Gerald Harper approximately 93 grams of cocaine, 9 grams of fentanyl, 26 grams of amphetamine, 245 milligrams of hydrocodone, and 720 milligrams of oxycodone. In addition, within Hayes’s residence, investigators seized approximately 8 grams of cocaine, 20 clonazepam tablets, a digital scale, two loaded firearms, $3,958 in cash, which is proceeds of drug trafficking activities. 
Gerald Harper was previously convicted and is awaiting sentencing.

The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent John Faso, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.

Sentencing is scheduled for May 9, 2023, at 2:00 p.m. before Judge Sinatra.

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CONTACT:    Barbara Burns
PHONE:    (716) 843-5817
FAX #:    (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jonathon Cassatt, 36, of Niagara Falls, NY, who was convicted of production of child pornography, was sentenced to serve 28 years in prison by U.S. District Judge John L. Sinatra, Jr. 

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Cassatt repeatedly sexually abused a child between the ages of 12 and 14 years old.  The sexual abuse was reported to the Niagara Falls Police Department, which obtained a search warrant for Cassatt’s cell phone. During a search of the cell phone, images of the ongoing abuse were recovered. In addition, other images of child pornography that Cassatt had downloaded from the internet were also discovered on the cell phone.

The sentencing is the result of a coordinated investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti, and the Niagara Falls Police Department, under the direction of Superintendent John Faso.  

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