Western District of New York

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

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Mohammad Fares, 28, formerly of Buffalo, now of Florida, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to theft of government property, which carries a maximum penalty of 10 years in prison and a $,250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that on May 18, 2020, Fares submitted an online application to the New York State Department of Labor for unemployment insurance benefits, stating that he did not work any day during the week of May 18, 2020; that he did not have gross earnings over $504; that his last day of work was March 21, 2020; and that his workplace had closed due to the COVID-19 pandemic. At the time, Fares co-owned a trucking company in Buffalo, for which he managed truck drivers and coordinated shipments. On June 11, 2020, Fares received $3,600 in Federal Pandemic Unemployment Compensation benefits. Every week through May 2, 2021, Fares certified to that he did not work during the prior week and had not returned to work. In doing so, Fares certified his continued eligibility for Federal Pandemic Unemployment Compensation and NYS Department of Labor unemployment benefits. During this time period, Fares continued to manage the trucking company. Fares received, in total, approximately $43,320 in unemployment benefits and Federal Pandemic Unemployment Compensation.

The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. It expands states’ ability to provide unemployment insurance for many workers impacted by COVID-19, including for workers who are not ordinarily eligible for benefits. The CARES Act provided for three new UI programs: Pandemic Unemployment Assistance (PUA); Federal Pandemic Unemployment Compensation (FPUC); and Pandemic Emergency Unemployment Compensation (PEUC).

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.

Sentencing is scheduled for March 7, 2022, 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 four defendants have been charged by criminal complaint with conspiracy to possess with intent to distribute, and distribute, heroin, cocaine, and fentanyl, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine. Named in the complaint are:

• Cameron Lee a/k/a Killer a/k/a Killer Cam, 28; • Michael Pryor a/k/a Ikey, 25; • Shawn Pryor a/k/a Ghost, 31; and
• Ahmadja Greene, 28, all of Niagara Falls, NY. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, in January 2022, the FBI Safe Streets Task Force, Niagara Falls Police Department, and Niagara County Sheriff's Office began investigating a criminal street gang with ties to the “Crips,” operating in and around Niagara Falls and Rochester, NY. Lee, Michael Pryor, Shawn Pryor, and Greene were identified as members/associates of the Crips. The investigation revealed that the four defendants conspired to sell crack cocaine, fentanyl, and heroin. Between March and July 2022, investigators conducted seven controlled purchases from the defendants. In addition, between August and October 2022, investigators conducted six controlled purchases from Michael Pryor and between August and September 2022, they conducted three controlled purchases from Shawn Pryor. The investigation also determined that during the conspiracy, Michael Pryor and Shawn Pryor pistol whipped and beat a person believed to be involved in narcotics trafficking.

On October 13, 2022, a search warrant was executed Cameron Lee’s Orleans Avenue residence, during which investigators seized approximately 59 grams of suspected cocaine, approximately 78 grams of suspected heroin/fentanyl, jewelry, three cellular telephones, and approximately $19,000 in United States currency.

The complaint is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Michael Stansbury, the Niagara Falls Police Department, under the direction of Chief John Faso, and the Niagara County Sheriff's Office, under the direction of Sheriff Michael Filicetti.

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

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

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Louis Carusone, 44, of Webster, 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 in prison. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on October 10, 2022, Carusone, a high school physics teacher in the Brighton School District, shared a video and images containing child pornography in an online peer-to-peer file-sharing network, which were downloaded by an undercover law enforcement officer. Between October 14 and 15, 2022, the officer downloaded more files containing child pornography that were shared from Carusone’s IP address.

On October 21, 2022, investigators executed a search warrant at Carusone’s Webster residence and seized multiple devices including a tablet, SD cards, a laptop, desktop computers and phones. A preliminary review of one of the cell phones seized recovered 11 videos that Carusone appears to have recorded himself, between August 16 and October 13, 2022. It appears that he surreptitiously recorded and photographed female students in his classroom. Carusone also appears to have surreptitiously recorded both minors and adults in public places, to include what appears to be a water park, where he recorded both adults and children in bathing suits. In addition, a preliminary review of one of the desktop computers recovered approximately 2,030 images and 21 videos of child pornography.

Members of the public who have specific information related to this case are urged to contact the Federal Bureau of Investigation at (585) 279-0085.

Carusone made an initial appearance this morning before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions, to include electronic monitoring.

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

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 F. Ramos, 36, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition and violation of supervised release, was sentenced to serve 40 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Ramos was arrested on June 20, 2021, after employees at the McDonald’s Restaurant on Upper Falls Boulevard in Rochester, reported a drive-thru patron displaying a handgun and threatening to shoot an employee. Officers determined Ramos was riding in the vehicle but departed the location by the time police officers arrived. While reviewing video surveillance, officers observed Ramos grabbing at his waist-band area after he exited the passenger side of the vehicle, approach the drive-thru window and throw a drink tray through the window. Ramos was arrested nearby on North Clinton Avenue. Officers found a loaded 9mm semiautomatic handgun on the floor of the passenger seat.

In June 2010, Ramos was convicted in Federal Court for his role in a drug trafficking conspiracy and sentenced to serve 132 months in prison. At the time of his latest arrest, Ramos was serving a term of supervised release and was legally prohibited from possessing a firearm and 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 sentencing was the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.

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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 the United States Court of Appeals for the Second Circuit has affirmed the conviction and sentence of Richard Leon Wilbern.

On November 8, 2019, following a five-week trial, a federal jury convicted Wilbern of the August 12, 2003, armed robbery of the Xerox Federal Credit Union, which resulted in the death of Raymond Batzel. On September 22, 2020, Wilbern was sentenced to serve life in prison by U.S. District Judge Charles J. Siragusa, who presided over the trial of the case.
  
On August 12, 2003, Wilbern walked into Xerox Federal Credit Union, located on the Xerox Corporation campus in Webster, NY, and told an employee that he was there to conduct a security assessment and to “stage” a robbery. Wilbern then shot customer Raymond Batzel in the neck which resulted in his death. A second customer, Joseph Doud, was shot and wounded as he attempted to run outside after witnessing the shooting. Wilbern subsequently fled the credit union with a bag of money but left behind an umbrella. 

In March 2016, with a suspect still not in custody, a press conference was held seeking new leads in the investigation. Details of the crime were released as well as photographs of Wilbern committing the robbery. On March 27, 2016, a concerned citizen contacted the FBI and indicated that the person who committed the crime was likely a former Xerox employee named Richard Wilbern, an employee who worked for Xerox prior to the robbery but had been fired. In July 2016, FBI agents met with Wilbern regarding a complaint he had made to the FBI regarding an alleged real estate scam.  During one of their meetings, agents obtained a DNA sample from Wilbern after he licked and sealed an envelope. That DNA was compared to DNA taken from the umbrella left behind by the suspect the day of the robbery and was determined to be a positive match. 

In his appeal, Wilbern raised DNA, counsel, juror, and witness issues but his arguments were rejected, and the verdict and sentence were affirmed.

On appeal, the government was represented by Assistant U.S. Attorney Katherine A. Gregory.

The Xerox investigation was conducted by the Federal Bureau of Investigation, the Webster Police Department, the New York State Police, the Monroe County Sheriff’s Department, the Rochester Police Department, and the United States Marshals Service. Additional assistance was provided by the Monroe County District Attorney’s Office. The prosecution was handled by Assistant United States Attorneys Douglas E. Gregory and Joel L. Violanti.

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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 John Fadden, 49, of Savona, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography by an individual who has a prior conviction involving the sexual abuse of a child. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of 20 years in prison.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in March 2021, The National Center for Missing and Exploited Children received two cybertip reports from Yahoo! Inc. that in February and March, 2021, user john_fadden@yahoo.com uploaded approximately 185 image files of suspected child pornography. In October 2021, investigators executed a search warrant at Fadden’s residence and seized nine electronic devices and storage media. A forensic analysis recovered approximately 278 images on those devices.

Fadden is a Level 3 registered sex offender. He was convicted in 1991, 1992, and 2001 of Sexual Abuse 1st: Sexual Contact with Individual Less Than 11 Years Old. In 2013, Fadden was convicted of Sex Offender Fail to Report Change of Address/Status In 10 Days.

The plea is a 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.

Sentencing is scheduled for January 19, 2023, at 9:30 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 Timothy Siverd, 34, of Rochester, NY, was arrested and charged by criminal complaint with wire fraud and money laundering, which 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 in November 2021, Siverd was a vice president at Tompkins Community Bank.  According to the complaint, Siverd defrauded a person that he knew (Victim 1) through multiple schemes, including: • In November 2021, Siverd convinced Victim 1 to invest in $25,000 in a group of four residential duplexes in Rochester. A few weeks later in December 2021, Siverd contacted Victim 1 and stated that the real estate investment had been called off, purportedly due to a mold issue. Victim 1 requested his investment of $25,000 be returned to him, but Siverd encouraged Victim 1 to instead commit an additional $10,000 to open a savings account at Tompkins bank that was getting a higher-than-average rate of return.  Siverd never opened the account for Victim 1.
• Also in December 2021, Siverd encouraged Victim 1 to invest in a complex of townhomes on Cedar Rock Road in Webster, NY, known as “The Carriages at Cedar Rock.” Siverd convinced Victim 1 to make payments totaling $48,429 for the alleged purchase.
• In January 2022, Victim 1 agreed to purchase a house on Keuka Lake house with Siverd and in February 2022, Victim 1 wired $40,000 to an account controlled by Siverd.
• Also in January 2022, Siverd encouraged Victim 1 to invest $35,000 to purchase “Creek Crossing Townhomes” in Hilton, NY.

In March 2022, Siverd approached Victim 2, another person that he knew, with a series of investment opportunities. Siverd again convinced Victim 2 to invest in multiple fraudulent schemes, including: • Victim 2 invested $169,191.55 for the purchase of “Greenwood Townhomes” in Rochester.
• Siverd also convinced Victim 2 to invest $52,200 towards the acquisition of a company.
• Siverd stated to Victim 2 that he was experiencing cash flow problems, which resulted in a $25,000 loan from Victim 2 to Siverd.
• Victim 2 also invested $100,000 in the Dunwood Green Apartments.

None of the properties that Siverd convinced his victims to “invest” in were actually for sale and Siverd used the Victims’ money to pay a co-conspirator and for gambling and personal expenses. 

In total, Victim 1 paid Siverd approximately $158,429, believing that Siverd was investing the funds in various real estate transactions.  Eventually realizing that the transactions were fraudulent, Victim 1 demanded repayment. Siverd returned $108,429 of Victim 1’s funds, using funds fraudulently obtained from Victim 2.  In total, Victim 2 paid Siverd $346,511.55, also believing the funds would be invested in various real estate and financial transactions. Siverd never returned any of Victim 2’s funds.

The complaints are the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter. 

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 a federal grand jury has returned an indictment charging Christopher M. Mancuso, 50, of Rochester, NY, with bank robbery and entering a bank with intent to commit a larceny. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the indictment and a previously filed complaint, on December 22, 2021, co-defendant Robert D. Postlethwaite, entered the M&T Bank on Long Pond Road in Greece, NY, approached a commercial teller station, and passed a demand note which read something to the effect of, “Don’t be alarmed. This is a robbery. Put bills $50 and up in the paper. I’ll be gone in 30 seconds.” After receiving $977, Postlethwaite fled the bank and got into the passenger seat of a red truck. The following evening, on December 23, 2021, the red truck was located by law enforcement with two occupants in Rochester. The driver was identified as Mancuso, and the passenger was identified as Postlethwaite. The defendants were taken into custody. On December 28, 2021, Greece Police executed a search warrant on the red truck and recovered $120 in cash, clothing consistent with descriptions of the two defendants, and two cell phones. Mancuso had just been released from Federal Probation supervision after being convicted of robbing four banks between November 2012 and January 2014, including the M&T Long Pond Road branch.

Robert Postlethwaite was previously convicted and is awaiting sentencing.

The indictment is the result of an investigation by the Greece Police Department, under the direction of Chief Michael Wood, the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Jeremy Bell, the New York State Police, under the direction of Major Brian J. Ratajczak, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Livingston County Sheriff’s Office, under the direction of Sheriff Thomas J. Dougherty.  

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 P. Daly, 47, of Cheektowaga, NY, was charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in June 2019, the New York State Police (NYSP) received a National Center for Missing and Exploited Children (NCMEC) Cybertipline report indicating that an image of child pornography was uploaded to their network. Subsequent investigation traced the image to Daly. On October 22, 2020, NYSP executed a search warrant at Daly’s residence in Cheektowaga, seizing a laptop computer, a flash drive, and an iPhone. A forensic search of all three items recovered over 230,000 images and 95 videos of child pornography. Some of the images include prepubescent minors and depictions of violence.

Daly made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and was released on conditions.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Jeremy Bell, the New York State Police, under the direction of Major Eugene Staniszewski, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.
         
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 Greg MacKinnon, 56, of the City of Tonawanda, NY, pleaded guilty to conspiring to defraud the United States before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison, and a fine of $250,000.

Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that between June 2011, and April 27, 2017, MacKinnon operated Vantage Point Services, a debt collection business. MacKinnon and others involved in the conspiracy fraudulently and unlawfully collected on debt, earning income exceeding $10,000 every year from such criminal activity. MacKinnon, and his co-conspirators, diverted money from Vantage Point Services to other debt collection business entities controlled by the co-conspirators. The money was diverted, and made to appear as ordinary business expenses, to avoid reporting income exceeding $10,000 in any year from criminal activity and paying income taxes. 

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 Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for January 18, 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 Andrew D. Williams, 26, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl and para-flourofentanyl, and Hobbs Act robbery, was sentenced to serve 150 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that on February 19, 2020, Williams robbed Annie’s Stop & Shop, on Culver Road in Irondequoit. During the robbery, Williams pointed what appeared to be a firearm at the head of the female owner of the store. Williams and an accomplice stole $460 and some grocery items during the robbery.

On April 6, 2021, Williams sold fentanyl and para-fluorofentanyl to a 21-year-old male, who later suffered an overdose and was found unresponsive. Emergency personnel revived the male after giving him two doses of Narcan. On June 10, 2021, investigators executed a search warrant at Williams’s residence on Strathmore Circle in Rochester, during which they recovered 458 glassine bags of fentanyl and para-fluorofentanyl, $2,978 in drug proceeds, drug packaging materials, and numerous rounds of firearm ammunition.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Greater Rochester Area Narcotics Team, which includes the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Rochester Police Department, under the direction of Chief David M. Smith; and the Irondequoit Police Department, under the direction of Chief Alan Laird.

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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 Deshan Scott, 23, of Rochester, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 60 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 between September and October 26, 2021, Scott conspired with others to sell cocaine. In the early morning of October 26, 2021, investigators executed search warrants at numerous locations associated with the narcotics conspiracy, including a residence on Bernard Street. At that location, Scott worked as a lookout for the organization, watching for threats to their operation such as law enforcement or armed robbers, while other co-conspirators sold street-level quantities of cocaine to customers. When Scott saw law enforcement approaching, he threw a loaded 9mm handgun out of a window, which was found on a roof ledge outside a window. During the search of the residence, law enforcement also recovered 200 plastic vials of cocaine and $2,310 United States currency.

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 Acting Special Agent-in-Charge Matthew Scarpino; Immigration and Customs Enforcement, under the direction of Acting 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 J. 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 Philip Povero; 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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Edwin Colon, 28, of Buffalo, NY, pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime and failure to appear after pre-trial release before U.S. District Judge John L. Sinatra, Jr. The charges carry a mandatory minimum sentence of five years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Franz W. Wright, who is handling the case, stated that on March 19, 2018, the Erie County Sheriff’s Office executed a search warrant at Colon’s Hickory Street residence in Buffalo, recovering a .40 caliber semi-automatic pistol, multiple rounds of ammunition, and a quantity of cocaine. Colon was subsequently indicted on charges of possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. Following his arraignment, Colon was released on conditions, with orders to return to federal court on April 16 and May 7, 2019. However, Colon failed to appear as required, and an arrest warrant was issued. Colon was arrested on the warrant in October 2019.

The plea is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Jeremy Bell.
 
Sentencing is scheduled for February 8, 2023, 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 Louis Gilbert, 44, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, was sentenced to serve 36 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Richard Antoine and Laura A. Higgins, who handled the case, stated that between July 2019, and January 10, 2020, the defendant conspired with others to sell cocaine. On January 10, 2020, Gilbert, and co-defendant Saan Thompson engaged in a text communication regarding a drug sale. Thereafter, investigators set up surveillance in the vicinity of 189 May Street and observed Thompson and Gilbert meet inside of the residence. Afterwards, Erie County Sheriff’s deputies conducted a traffic stop of the vehicle Gilbert was driving and he was found in possession of suspected cocaine. Saan Thompson was previously convicted.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation Safe Streets Task Force,  under the direction of Acting Special Agent-in-Charge Jeremy Bell; the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia; 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.   

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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 Adrian Grier, 47, of Jackson, Georgia, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, was sentenced to serve 168 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Michael J. Adler and Seth T. Molisani, who handled the case, stated that between October 2017 and December 7, 2018, Grier conspired with 11 others to sell cocaine. One of Grier’s co-defendants brokered bulk quantity cocaine to multiple areas in the country including Buffalo, Kentucky, and Georgia. On two occasions, Grier coordinated trips to Kentucky to acquire kilograms of cocaine and was intercepted discussing plans to increase the quantity of cocaine he could obtain in Georgia.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major Eugene Staniszewski; the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard. Additional assistance was provided by HSI-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.

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

BUFFALO, NY—U.S. Attorney Trini E. Ross announced today that Frankie Cook, 29, of Buffalo, NY, who was convicted of possession with intent to distribute 100 grams of heroin and 40 grams of fentanyl and being a felon in possession of a firearm, was sentenced to serve 108 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that on February 11, 2020, in Erie County Court, Cook was convicted of Attempted Criminal Possession of a Weapon in the Second Degree and is legally prohibited from possessing a firearm. On February 26, 2020, Erie County Probation officers went to Cook’s residence on Dartmouth Avenue in Buffalo, for an initial information visit. During the visit, officers discovered what appeared to be a drug preparation station with gloves, masks, and plastic bags in the basement. Officers then searched the basement and found a hidden safe with approximately 240 grams of fentanyl, 156 grams of heroin, drug paraphernalia, a .45 caliber magazine, .45 caliber ammunition, 9mm ammunition, and a stolen loaded 9mm handgun inside.

The sentencing is the result of an investigation by the Erie County Probation Department, under the direction of Commissioner Michelle Olszowy; the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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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 Timothy Jacobs a/k/a Dollar, 44, of Rochester, NY, pleaded guilty to narcotics conspiracy and possession of a firearm in furtherance of drug trafficking, before U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of life in prison and a $1,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that Jacobs was a member of a narcotics conspiracy between 2019 and September 29, 2021.  In furtherance of the conspiracy, Jacobs obtained quantities of cocaine from co-conspirators and distributed the cocaine from a Lewis Street residence in Rochester. He also stored cocaine and firearms at that location. On September 29, 2021, investigators executed a search warrant at the Lewis Street residence and recovered a loaded a ghost gun and approximately 20 grams of cocaine, as well as cocaine packaged for sale.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.  

Sentencing is scheduled for January 6, 2023, at 11:00 a.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 Donald P. Oshier, 56, of Rochester, NY, who was convicted of transferring a firearm and ammunition to a convicted felon, was sentenced to serve 12 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, on October 27, 2020, Oshier gave a 12-gauge shotgun and 25 rounds of ammunition to Stephen Pattison, knowing that Pattison was previously been convicted of a felony. Pattison was convicted of Domestic Assault in the Second Degree in Boone County, Missouri, in December 2016, and was legally prohibited from possessing firearms and ammunition. In addition, Oshier knew that Pattison wanted the shotgun and ammunition for the purpose of shooting Black Lives Matter (BLM) and/or Antifa protesters if they came to his neighborhood, and that Pattison had previously threatened BLM and Antifa protesters with physical harm. Pattison had previously stated, “Go ahead n*****, defund the police so . . . so I can just start (expletive) murderin’ you all in a genocidal rate by (expletive) myself. They’ll be callin’ me the angel of death. They’ll be callin’ me the new Josef Mengele.” Pattison was charged and convicted of being a felon in possession of firearms and ammunition and sentenced to serve 96 months in prison. Pattison’s girlfriend, Rochelle Pfenninger, was convicted of making false statements to the FBI during the investigation, and sentenced to probation with six month of home confinement.

The sentencing is the result of an investigation by the Rochester Joint Terrorism Task Force of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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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 Alejandro Rivera, 36, of Schenectady, NY, pleaded guilty to being a felon in possession of a firearm and ammunition, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that in April 2021, Rivera traveled from Schenectady to Rochester, NY, on an Amtrak train. As he was exiting the station, Rivera pulled a 9mm pistol from his waistband and fired the pistol, apparently accidentally, into the wall with multiple people in the area, many of whom ran for cover. Rivera then picked up the spent shell casing from the floor and exited the train station. As he approached the area of Central and Joseph Avenues in Rochester, Rivera fired another round into the air. After leaving the Amtrak station, Rivera went to the parking lot at the House of Mercy on Ormond Street in Rochester, where he got into an argument. After a security guard came out of the House of Mercy to see what was happening, Rivera again fired the 9mm pistol. Rochester Police Officers were called to the scene, but Rivera fled on foot. Approximately a week later, Rivera was arrested by Rochester Police Officers near the Amtrak station.  

Following Rivera’s arrest, Rochester Police investigators executed a search warrant at the residence of Rivera’s mother on Joseph Avenue. During the search, they recovered the loaded 9mm pistol. Rivera has four prior felony convictions and is legally prohibited from possessing a firearm.

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, the Rochester Police Department, under the direction of Chief David Smith, and the Amtrak Police Department, under the direction of Chief Sam Dotson. 

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

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

BUFFALO, N.Y. – The Justice Department announced today the results of its efforts over the past year to protect older adults from fraud and exploitation. During the past year, the Department and its law enforcement partners tackled matters that ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims. Today, the Department also announced it is expanding its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas.

“We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”

“The participation of this office in the Transnational Elder Fraud Strike Force provides us with another tool in our toolbox to protect this population of vulnerable community members,” stated U.S. Attorney Ross. “We will work diligently to track down and prosecute all individuals who take advantage of older adults in our community by committing fraud on those individuals.

During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged. These defendants included:

• Martin Hogan, of Montreal Canada, was convicted of conspiracy to commit wire and mail fraud and sentenced to serve 111 months in prison. Hogan conspired with multiple co-defendants to defraud elderly victims by placing telephone calls from Canada to victims in the United States, telling them that they had won the Canadian lottery. However, victims were told that they had to first pay the taxes, brokerage fee, and/or custom fees due in connection with the winnings. In total, elderly victims were defrauded out of more than $2,600,000.
• Jennifer Campbell, of Niagara Falls, NY, was indicted by a federal grand jury on charges of wire fraud and aggravated identity theft. Campbell, who was employed as the Office Manager and Chief Compliance Officer at an investment advisory firm based in Buffalo, NY, is accused of accessing client accounts and stealing over $500,000 from several clients and from the firm itself.
• Brian Bartz, of Rochester, NY, was convicted of wire fraud and aggravated identity theft, and sentenced to serve 70 months in prison. Bartz was employed as an insurance broker at several different life insurance companies, selling and servicing policies and receiving commissions and bonuses for selling such policies. Bartz submitted approximately 105 fraudulent policy applications in various individuals’ names without their knowledge, utilizing actual names, social security numbers, and dates of birth. In total, the loss amount for Bartz’s schemes was approximately $1,026,668.46.
• Thomas Mann, of Addison, NY, was convicted of wire fraud and sentenced to serve 24 months in prison. Mann was treasurer of the Transport Investment Club, which had approximately 25 investing members, and had sole control over the TIC bank accounts and the TIC investment accounts at brokerage firms. By February 2020, TIC’s investments should have been worth approximately $290,614.05. In actuality, Mann had embezzled all but $707.74 of TIC’s stock holdings.

The Department also highlighted three other efforts: expansion of the Transnational Elder Fraud Task Force, success in returning money to victims and efforts to combat grandparent scams. 

The Department announced that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.

In the past year, the Department has notified over 550,000 people that they may be eligible for remission payments. Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March of 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.

Over the past year, the Department pursued cases against the perpetrators of “grandparent scams,” otherwise known as “person-in-need scams.” These scams typically begin when a fraudster, often based overseas, contacts an older adult, and poses as either a grandchild, other family member or someone calling on behalf of a family member. Call recipients are told that their family member is in jeopardy and is urgently in need of money. When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams “heartbreakingly evil.” The Department is working with government partners and others to raise awareness about these schemes.

Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833 FRAUD-11 (1-833-372-8311).

This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professional who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.

Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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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 Vishal Kamal Chhabria, 41, of Lake Forest, Illinois, pleaded guilty to conspiracy to commit marriage fraud before U.S. District Judge John L. Sinatra, Jr. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between April 2018, and March 16, 2022, Chhabria conspired with others to commit marriage fraud. Chhabria, a licensed attorney, provided legal representation to fraudulently married couples when they petitioned U.S. Citizen and Immigration Services for a Green Card for the foreign national spouse, knowing the couples were in a “contract marriage,” for the sole purpose of obtaining a Green Card. Chhabria assisted the couples in completing necessary forms with false representations, gathering, manufacturing and submitting false documentation, coaching the couples to falsely hold themselves out as legitimately married and evade detection by officials at CIS interviews, and personally accompany the couples to their CIS interviews. Chhabria submitted more than six packages containing false documents for Green Cards based on fraudulent marriages. Chhabria is scheduled to be sentenced on March 16, 2023, at 11:00 a.m. before Judge Sinatra.

In addition, Delaina Shaw, 36, of Pomfret Center, Connecticut, also pleaded guilty before Judge Sinatra to conspiracy to commit marriage fraud. Shaw served as a marriage broker, connecting foreign nationals from India seeking legal permanent resident status in the U.S. with U.S. citizens willing to enter a fraudulent marriage for payment. Shaw made the arrangements for the foreign national and U.S. citizen to obtain a marriage license, participated in the marriage ceremony, and then prepared CIS forms and supporting documents for submission to CIS on behalf of the application for a Green Card. In exchange for her role as a broker, Shaw was compensated with thousands of dollars for every marriage she facilitated. In April 2018, Shaw entered a “contract marriage” of her own with a male foreign national born in India.

A federal grand jury has also returned an indictment charging three defendants with conspiracy to commit marriage fraud and marriage fraud. Named in the indictment are:

• Amelia Adams, 36, of Springfield, Massachusetts; • Barbara Yater, 43, of Norwich, Connecticut; and 
• Vivek Patel, 32, a citizen of the UK and resident of North Carolina.

According to the indictment, on July 10, 2019, defendant Adams married an individual she believed to be a foreign national born India, for the purpose of obtaining a Green Card. The foreign national was, in fact, an undercover law enforcement officer. After the marriage ceremony, Adams posed for staged photographs with the undercover officer to be used in the petition for a Green Card. In September 2020, Adams executed false estate planning documents, such as a will and power of attorney for use as supporting documentation to be submitted to CIS. She also met with the undercover officer to create and rehearse fictitious details of her marriage in preparation for a CIS interview the following day. In October 2020, and May 2021, defendants Yater and Patel also married individuals they believed were foreign nationals for the purpose of obtaining a Green Card. Each of the alleged foreign nationals were undercover law enforcement officers.

Two additional defendants, Dishant Patel, 24, and Shweta Patel, 23, citizens of India living in Indianapolis, Indiana, were arrested and charged by criminal complaint with conspiracy to commit marriage fraud. According to the complaint, in January 2022, Dishant Patel and Shweta Patel entered into fraudulent marriages at Hamburg, NY, Town Hall in the Western District of New York in order to apply for a Green Card. Once again, the marriages were to undercover law enforcement officers.

The pleas, indictment and complaint are the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, Citizenship and Immigration Services, Department of Homeland Security, Office of Inspector General, Chicago Field Office under the direction of Special Agent-in-Charge Karen Whalen, the New York State Police, under the direction of Major Eugene Staniszewski, and the Hamburg Police Department, under the direction of Chief Peter Dienes.

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 Jacob Ritchie, 37, of Wolcott, NY, pleaded guilty to distributing child pornography following a prior conviction for a child sex abuse offense before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of 15 years in prison, a maximum of 80 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 November 2021, and February 2022, Ritchie engaged in sexually explicit online communications with an undercover New York State Police Investigator, who Ritchie believed was a 12-year-old female. During these conversations, Ritchie repeatedly asked the child to produce and send to him images of child pornography. He also attempted to persuade the child to meet him for sex. Ritchie also sent images of child pornography in an attempt to groom the child for sexual activity. The images depicted children as young as eight-years-old engaged in sexual activity with adults. Ritchie also made numerous references to possible sexual contact with a minor relative while communicating with the undercover investigator.

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

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

Sentencing is scheduled for January 10, 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 Warren L. Tisdale, 53, of Rochester, NY, pleaded guilty to being felon in possession of a firearm, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on September 29, 2021, investigators executed a search warrant at Tisdale’s home on Central Park in Rochester. During the search, they recovered a semiautomatic rifle in a closet, as well as drug paraphernalia in the kitchen, including a vacuum sealer, digital scale, vacuum sealer bags and numerous new and unused baggies.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

Sentencing is scheduled for January 5, 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 Robert T. Scott, 29, of Bowling Green, Kentucky, pleaded guilty to transferring a firearm to an out-of-state resident, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between May 8 and September 29, 2021 Scott purchased two firearms in Bowling Green, Kentucky and transferred them to individuals residing in Rochester. The firearms were recovered during the execution of search warrants on September 29, 2021, at residences on A Place and 127 Pennsylvania Avenue in Rochester. 

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

Sentencing is scheduled for January 5, 2023, at 3:00 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 Cardell Richardson, 33, of Chili, NY, who was convicted of possession with intent to distribute 10 grams or more of para-flourofentanyl, was sentenced to serve 90 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that in June and July of 2021, investigators purchased suspected fentanyl from Richardson on three separate occasions. On July 22, 2021, investigators searched Richardson’s residence on Forsythia Drive in Chili, seizing multiple quantities of fentanyl and para-flourofentanyl, a fentanyl analogue, as well as nearly $4,000 in cash, a digital scale and drug packaging material.  Richardson, who was arrested outside his residence, was found with 76 decks of para-flourofentanyl and $590 in his possession. 

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 sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team 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 Kaylen Edwards, 24, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on November 7, 2020, Edwards was identified on social media flashing a black and silver handgun and wearing a distinct black and red jacket inside a limousine bus. Later that day, law enforcement sent a photo of the social media post to Cheektowaga Police Officers responding to Pinehurst Avenue, where a limousine bus party was being let out, following a report of disorderly persons. Officers observed Edwards getting into the front passenger seat of a vehicle with Georgia license plates and leave the area. The officers then observed the vehicle in violation of multiple vehicle and traffic infractions and conducted a traffic stop. The officers observed a marijuana cigar end in the center console area and immediately detected the odor of burnt marijuana emanating from the vehicle. Officers identified Edwards as the passenger, and he was detained. During a pat frisk, an officer felt and observed a handgun in Edwards’ side waist band, which was loaded with a magazine containing seven .45 caliber rounds and one .45 caliber round in the chamber. In November 2017, Edwards was convicted of Attempted Criminal Possession of a Weapon in New York State Court and is legally prohibited from possessing a firearm.

The plea is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief Brian Gould, 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 February 6, 2023, 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 Thomas L. Hill, Jr. a/k/a Thomas L. Caschetta-Hill a/k/a Tec, 33, of Cleveland, Ohio, who was convicted of conspiracy to engage in the business of dealing firearms without a license and being a felon in possession of a firearm, was sentenced to serve 10 years in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Robert A. Marangola, who handled the case, stated that between October and December 24, 2020, Hill, who has three previous felony convictions and is legally prohibited from possessing a firearm, conspired with his father, convicted murderer Thomas L. Hill, Sr., and Tevon Orr a/k/a Tev, to sell firearms without a license. On multiple occasions, Hill illegally obtained firearms and rounds of ammunition in the State of Ohio, transported them to Rochester, and re-sold them in the Rochester area. Hill also provided firearms to his father and Orr, which they also re-sold to other individuals. On December 24, 2020, investigators executed a federal search warrant at a residence on Norton Street in Rochester, recovering two handguns, an assault rifle, and over 300 rounds of ammunition and resulting in the arrest of Thomas Hill, Sr. Defendant Orr was arrested one week later. Thomas L. Hill, Jr. was arrested on July 22, 2021 in Ohio, and was incarcerated on Ohio charges until his release from a state prison in June 2022, at which time he was charged in federal court.

Both Orr and Thomas Hill, Sr. were previously convicted and sentenced to serve seven years and nine years in prison respectively. 

The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Violent Crimes Task Force, 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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Margiotta, 51, of Rochester, NY, who was convicted of wire fraud and filing a false tax return, was sentenced to serve 46 months in prison by U.S. District Judge Charles J. Siragusa. Margiotta was also ordered to pay restitution totaling $914,810.52 to the IRS.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that Margiotta was employed as the Chief Executive Officer of eHealth Global Technologies. In May 2011, as eHealth CEO, Margiotta entered into a contract with Healthcare Network Alliance, LLC (HCNA) for employment recruiting services. HCNA was owned by Margiotta’s wife. The agreement provided that HCNA would be compensated if candidates referred to eHealth were hired. Between June 2011, and January 2014, Margiotta caused HCNA to submit invoices for recruiting services to eHealth that he knew that HCNA had not provided. For instance, on April 19, 2013, HCNA submitted an invoice to eHealth requesting payment of $44,000 for recruiting an employee. HCNA had not recruited the employee, and Margiotta knew that HCNA was not entitled to be paid a recruiting fee for the employee. In total, Margiotta caused HCNA to prepare and submit fraudulent invoices for approximately 23 employees of eHealth that HCNA had not recruited totaling $380,960.

In addition, Margiotta filed a false tax return for the year 2013, claiming income of $260,334, in actuality, his taxable income was $611,195.00, resulting in a tax loss to the  IRS of $137,067.

The sentencing is the culmination of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office.

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

BUFFALO, NY – Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division joined U.S. Attorney Trini E. Ross for the Western District of New York to announce a new initiative to combat unlawful acts of hate in the Western District of New York. The United Against Hate initiative seeks to directly connect federal, state, and local law enforcement with traditionally marginalized communities in order to build trust and encourage the reporting of hate crimes and hate incidents. Attorney General Merrick B. Garland recently announced the nationwide launch of the initiative and its expansion to all 94 U.S. Attorneys’ Offices over the next year.

“The Justice Department is committed to marshaling all resources at its disposal to hold people who engage in unlawful acts of hate accountable,” said Assistant Attorney General Clarke. “Through United Against Hate, we are bringing together community groups, local leaders and law enforcement at every level to build trust and strengthen coordination to combat unlawful acts of hate. Our communities, schools, workplaces, houses of worship and homes are all safer when we stand unified in the fight against hate.”

“The horrific events of May 14 took the lives of 10 members of our community because of their race, just because they were Black,” said U.S. Attorney Ross. “This type of race-based hate is unacceptable and will not be tolerated in this community or in our society. This community has shown that hate will not be accepted, through our actions in the days, weeks and months that followed, when our entire community stood together to send the message that hate will not win. The United Against Hate initiative will bring federal, state and local law enforcement together with those communities that are most vulnerable to becoming victims of hate crimes or hate incidents, while at the same time holding those who commit these acts accountable for their behavior. Together, we will continue to send the message that every person deserves to feel safe in their own community and that hate will not be tolerated.”

Community Relations Service Director Paul Monteiro, FBI Acting Special Agent in Charge Darren Cox and Buffalo Police Department Deputy Commissioner Al Wright also joined the event. After they spoke to an audience of community leaders, civil rights advocates, and community members, subject matter experts from their offices engaged in a presentation and direct discussions with community leaders and advocates about taking steps to identify, report, and prevent hate crimes and incidents. Through using hypothetical scenarios and video clips depicting real-life hate crime cases and stories, the presenters emphasized the importance of reporting unlawful acts of hate. They also highlighted differences between hate crimes versus hate incidents and provided options for responding to hate incidents when situations do not constitute a federal or state crime. Presenters also distinguished unlawful conduct from protected First Amendment activity, including identifying protected speech versus speech that advocates violence or encourages people to commit hate crimes.

As part of its United Against Hate programming, the U.S. Attorney’s Office will engage with communities across the Western District of New York to deepen connections with those communities, further hate crimes prevention efforts, and encourage more people to report hate crimes and hate incidents.

The nationwide launch of United Against Hate follows a successful pilot of the program last spring by three U.S. Attorneys’ Offices — New Jersey, Massachusetts, and the Eastern District of Washington. Attorney General Merrick B. Garland announced the conclusion of the pilot for the United Against Hate program at a Justice Department event in May commemorating the one-year anniversary of his memorandum on improving the department’s efforts to combat unlawful acts of hate and the enactment of the COVID-19 Hate Crimes and Khalid Jabara-Heather Heyer NO HATE Acts.

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

BUFFALO, NY--U.S. Attorney Trini E. Ross announced today that Jeffrey Richards, 32, of Niagara Falls, NY, who was convicted of possession with intent to distribute acetyl fentanyl, possession of a firearm in furtherance of drug trafficking, and possession of a stolen firearm, was sentenced to serve 204 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on December 14, 2018, a search warrant was executed at Richards’ residence on Packard Court in Niagara Falls. During the search, investigators recovered, among other items, amounts of acetyl fentanyl, fentanyl, cocaine, marijuana, alprazolam, approximately 10 firearms, various rounds of ammunition, drug trafficking paraphernalia, an improvised destructive device, and various items used in the manufacturing of destructive devices.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent John Faso, and the Niagara County Sheriff's Department, under the direction of Sheriff Michael Filicetti.

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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 Rudolph Brumfield a/k/a Rudy, 36, of Geneva, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, and possession of a firearm and ammunition by a convicted felon, was sentenced to serve 210 months in prison by Senior U.S. District Judge Frank P. Geraci, Jr.

 Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Brumfield was the leader of a cocaine trafficking organization operating in Geneva and other areas of Ontario County. During the conspiracy, Brumfield obtained quantities of cocaine and marijuana from suppliers in California and elsewhere. In January 2020, investigators and officers from the Geneva Police Department and the Ontario County Sheriff’s Office executed search warrants at the Toledo Street residence of Brumfield’s girlfriend, which was used to store, manufacture, and sell the cocaine and marijuana, and at Brumfield’s North Genesee Street residence. During the searches, they recovered:

• 2.7 kilograms of cocaine and 69.7 grams of crack cocaine; • 18 one-pound packages of marijuana; • $161,581 in cash; • two firearms, one which was reported stolen in 2013, and a box of ammunition; • and materials commonly used to package drugs for street-level distribution.

Brumfield was previously convicted in 2006 and 2012 of felony charges in Ontario County Court and is legally prohibited from possessing firearms and ammunition.

The sentencing is the result of an investigation by the Ontario County Sheriff’s Office, under the direction of Sheriff Philip Povero, the Geneva Police Department, under the direction of Chief Mike Passalacqua; 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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Carl Anthony, 69, of Niagara Falls, NY, who was convicted of possession of child pornography and conversion of government property, was sentenced to serve nine years in prison and 10 years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that in December 2018, and January 2019, Anthony secretly video-recorded a 12-year-old girl changing and showering in a bathroom. In July 2019, a federal search warrant was executed at Anthony's Niagara Falls residence. The two videos were found on a hard drive that was seized during the execution of the search warrant. As a result, in December 2019, Anthony was arrested and charged by criminal complaint, and released on conditions, including the condition that Anthony participate in a home detention program monitored by GPS. In April 2020, Anthony requested to go to the hospital, claiming to possibly have contracted COVID-19, which was approved by his Pretrial Services Officer. After arriving at the hospital, however, Anthony cut his ankle monitor, left the monitor in a mailbox, and fled. On April 14, 2020, Anthony was arrested by the U.S. Marshals Service in San Diego, California.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Town of Niagara Police Department, under the direction of Chief H. James Suitor.

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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 Jacob Daniel Pimentel-Hernandez, 22, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl and carrying a firearm during a drug trafficking crime, was sentenced to serve 188 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that on June 2, 2021, Pimentel-Hernandez sold fentanyl to two individuals, identified as E.G. and M.H., in the area of the Valero gas station at 799 North Clinton Avenue in Rochester. After ingesting the fentanyl, E.G. and M.H. began to drive home but pulled over on the side of the road on Interstate 490 in Gates, NY, and were later found unconscious and unresponsive in the car. M.H. was taken to Unity Hospital but never regained consciousness and died a day later, on June 3, 2021. That same day, an undercover law enforcement officer purchased fentanyl from Pimentel-Hernandez at the same Valero gas station. Pimentel-Hernandez was subsequently arrested, at which time investigators recovered $580 in cash, quantities of fentanyl, para-fluorofentanyl, cocaine, and a loaded .380 caliber pistol from the defendant.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Greater Rochester Area Narcotics Enforcement Team (GRANET); the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief David M. Smith.

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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 Timothy J. Chowaniec, 64, of West Seneca, NY, who was convicted of possession with the intent distribute, and distribution of, five grams of more of methamphetamine, was sentenced to serve 135 months in prison by U.S. District Judge John L. Sinatra, Jr. 

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on two separate occasions in January and February of 2020, an undercover investigator with the New York State Police purchased quantities of methamphetamine from Chowaniec at his residence in West Seneca. On April 14, 2020, the DEA and United States Postal Inspection Service executed a search warrant on a parcel from California addressed to Chowaniec at his West Seneca residence. Located inside the parcel was a plastic sandwich bag containing approximately 3.7 ounces of suspected methamphetamine.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; and the U.S. Postal Inspection Service, under the direction of Boston Division 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 a federal grand jury has returned an indictment charging Tyler Collins, 27, of Buffalo, NY, with assaulting a federal officer. The charge carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the indictment and a previously filed complaint, 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 indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

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 Derek Hagen, 29, of Batavia, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to production of child pornography and possession of child pornography involving prepubescent minors. 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 Kyle P. Rossi, who is handling the case, stated that between January 2018, and July 21, 2021, Hagen engaged in a pattern of prohibited sexual conduct with Victim 1, a minor between the ages of 4 and 8, during which Hagen photographed and videoed himself subjecting Victim 1 to sexual contact. Hagen then distributed the images of Victim 1 to other individuals over the internet.

In addition, between May 2018, and July 19, 2018, Hagen was employed as an Assistant Teacher at the Brockport Childhood Development Center in the infant, toddler, and preschool classrooms. During this time, he produced and possessed sexually explicit images of children entrusted to his care. The children ranged in age from six months to five years. Hagen produced these images while changing diapers and assisting children who were learning to use the bathroom. Hagen distributed the images of these children to other individuals over the internet. Hagen also possessed approximately 50,000 images and videos of child pornography that he received from others via the internet.

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

Sentencing will be scheduled at a later date.  

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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 Timothy Granison, 43, of Rochester, NY, who was convicted of conspiracy to distribute 500 grams or more of cocaine, was sentenced to serve 32 months in prison by U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that Granison was a member of a drug trafficking organization led by Jason Siplin that distributed large quantities of cocaine and crack cocaine out of a Glenwood Avenue drug house. Over the course of the conspiracy, Granison regularly obtained bulk quantities of cocaine from Jason Siplin, which he then sold to his own customers. On May 19, 2021, investigators intercepted telephone calls between Granison and co-conspirator Dkeidron Dublin, during which the two discussed Granison resupplying Dublin with cocaine sometime that afternoon. At approximately 3:23 p.m., surveillance officers observed Granison pull up to Dublin’s Birch Crescent residence in Rochester. Dublin came out of the residence and got into Granison’s vehicle. Investigators then surrounded the vehicle and took Granison and Dublin into custody. During the execution of search warrants on the vehicle and Dublin’s residence, 31 grams of cocaine and $1,241.00 in cash was recovered.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Brian J. Ratajczak, 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 Acting Special Agent-in-Charge Matthew Scarpino.     
 
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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 Nino Buggs, who was convicted of possession with intent to distribute, and distribution of, butyryl fentanyl and U-47700, was sentenced to serve 168 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that in March 2017, multiple law enforcement agencies at the state, county and local levels began investigating the drug trafficking activities of Buggs following the drug overdose death of two individuals identified as M.B. and H.W. On March 20, 2017, Buggs sold a quantity of fentanyl, butyryl fentanyl, and U-47700, which was injected intravenously by M.B at a residence in Tonawanda, NY. On March 21, 2017, M.B. was discovered unconscious and unresponsive. The Tonawanda Police Department and emergency medical personnel responded to the scene, but M.B. was pronounced dead. An examination concluded that M.B. died as a result of acute intoxication by the combined effects of fentanyl, butyryl fentanyl, U-47700, and clonazepam. On August 22, 2017, H.W. purchased a bundle of heroin from Buggs. That evening, H.W. intravenously injected the heroin. On August 24, 2017, Buffalo Police responded to a rescue call at a Richmond Avenue residence. Upon arrival, officers found H.W. deceased on the living room couch. An examination concluded that H.W. died as a result of heroin intoxication.

On August 24, 2017, investigators executed a search warrant at Buggs’ Roesch Avenue residence and seized quantities of heroin, crack cocaine, and cocaine, as well as cell phones, a scale containing suspected drug residue, a strainer with suspected drug residue, diluent, drug packaging, and ammunition. 

The sentencing is 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 New York State Police, under the direction of Major Eugene Staniszewski; the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; and the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia.

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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 Montrya D. Brown, 31, of Rochester, NY, who was convicted of possession of ammunition by a convicted felon, was sentenced to serve 30 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 on January 6, 2022, New York State Parole Officers searched Montrya’s St. Paul Street residence, and seized a 12-gauge shotgun and multiple rounds of ammunition. Montrya was previously convicted in September and October of 2015, and in June of 2020, of felony crimes in Monroe County Court and is legally prohibited from possessing ammunition.

The sentencing is a 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.  

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

BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that two organizations in the Western District of New York have been awarded grants from the Department of Justice’s Office on Violence Against Women (OVW). OVW has awarded nearly $31 million across the country to improve outreach, services, and support for survivors of sexual assault, domestic violence, dating violence, and stalking from underserved communities and culturally specific populations.

The Willow Domestic Violence Center of Greater Rochester received a $450,000 OVW Underserved Program grant award to serve Deaf, Deaf-Blind, and hard of hearing survivors of sexual assault, domestic violence, dating violence and stalking in Monroe County. Deaf Ignite, a Deaf victim services program housed within Willow, will provide advocacy, counseling, community education, and referrals.
 
Community Services for Every1 and the Family Justice Center of Erie County received a $325,000 grant under OVW’s Disabilities Program to advance the work of their collaborative Helping Others through Protection and Empowerment of Western New York (HOPE of WNY) initiative, which focuses on intellectual/developmental disabilities. Community Services for Every1 and the Family Justice Center will engage local nonprofit organizations, government agencies, and other domestic violence stakeholders in training strategies that foster improved supports for survivors with intellectual/developmental disabilities diagnoses and connect people with intellectual/developmental disabilities to empowering education and victim support opportunities.

“These grants, awarded to agencies in the Western District of New York, will ensure that survivors of serious crimes from underserved communities, including survivors with disabilities, have access to vitally important support services, including counseling, advocacy, and education,” said U.S. Attorney Ross.   

OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.

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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 Leo Benevento, 57, of Niagara Falls, NY, pleaded guilty to wire fraud before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that Benevento fraudulently obtained two loans from the Small Business Association under the Economic Injury Disaster Loan (EIDL) Program, which was designed to provide low-interest loans to qualifying small businesses to help them meet financial obligations and operating expenses in the event of a disaster. Benevento submitted two false applications for loans related to his businesses, “WNY 24 7 Realty” and “Benevento Realty,” grossly inflating annual revenue and grossly underreporting annual expenses for the businesses. As a result of the falsified applications, the SBA approved and funded loans totaling $117,300 under the EIDL Program. Benevento has reimbursed the SBA for the fraudulently obtained loans.

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

Sentencing is scheduled for December 19, 2022, 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 a federal grand jury has returned an indictment charging Alisha Klinger, 41, Mayville, NY, and Jacob Snow, 36, of Jamestown, NY, with narcotics conspiracy, Hobbs Act Conspiracy, Hobbs Act Robbery, possession with intent to distribute fentanyl, and brandishing of a firearm during a crime of violence and in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 17 years in prison and a maximum of life. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between November 2020, and April 2022, Klinger and Snow conspired with others to sell fentanyl. The indictment also accuses Klinger and Snow of stealing drugs and cash from individuals engaged in illegal drug trafficking and possessing and brandishing firearms while doing so.

The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer and are detained.

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

The indictment is a result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.

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 Michael Woloschuk, 42, of Hamlin, NY, pleaded guilty to possession of child pornography involving prepubescent minors, after having previously been convicted of a child pornography offense, before U.S. District Judge Frank P. Geraci. 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 in October 2020, the National Center for Missing and Exploited Children (NCMEC) received a cybertip from a social media platform that an individual had distributed child pornography over the platform. After determining that the individual was located in New York State, NCMEC turned the information over to the New York State Police, who then identified the individual as registered sex offender, Michael P. Woloschuk of Hamlin, NY.  On October 26, 2021, investigators executed a search warrant at Woloschuk’s home, during which they seized several digital devices, including a thumb drive and laptop. A forensic analysis recovered several videos and images of child pornography, some of which depicted violence against children. In addition, Woloschuk’s sex offender registration information was located on the thumb drive. 

The plea is the result of an investigation by the by the New York State Police, under the direction of Major Brian J. Ratajczak and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for November 30, 2022, at 10:00 a.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 Hassan Moussa Fares, 30, formerly of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to making a false statement to a financial institution, which carries a maximum penalty of 30 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that in June 2019, Fares submitted an online application to Discover Bank for a personal loan. On the application, Fares falsely represented that he was employed full time at Company 1, that he had been employed at Company 1 for 18 months, and that his gross annual income was $60,000. As a result, Discover Bank approved the application and funded a $20,000 loan. Fares admits that he only worked at Company 1 for approximately eight weeks in 2018, earning approximately $6,540 in income in 2018. In 2019, Fares earned, at most, approximately $4,600 in income. In addition, Fares submitted a credit card application to Discover Bank, falsely stating that his annual income was $80,000. Fares also submitted a line of credit application to M&T Bank, falsely stating that he had been employed at Company 1 for 14 months and that his income was $70,000.

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

Sentencing is scheduled for January 9, 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 a federal grand jury returned an indictment charging Robert Calkins, Jr., 37, of Salamanca, NY, with production, receipt, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the indictment and a previously filed complaint, Calkins is accused of production, receipt, and possession of child pornography.  In April 2020, the New York State Police began investigating Calkins after receiving dozens of reports from the National Center for Missing and Exploited Children referencing Calkins as possessing suspected child pornography within his Google accounts. In September 2020, State Police investigators executed a search warrant at Calkins’ E. Jefferson Street residence in Salamanca, seizing four cell phones and an SD card. A forensic analysis conducted by Homeland Security Investigations recovered thousands of images and videos of child pornography, including several images that Calkins produced using a minor victim.

The indictment is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski, and Homeland Security Investigations, under the direction of Acting 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 Jonathan Wilson, 50, of Elmira, NY, pleaded guilty to possession of child pornography involving prepubescent minors before U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in March 2021, the Elmira Police Department began investigating Wilson’s involvement in online child pornography and child exploitation activity. During the investigation, Elmira Police executed a search warrant at Wilson’s residence, seizing multiple digital devices belonging to Wilson. A forensic analysis of the devices recovered more than 500 images and videos of child pornography, including images and videos depicting violence against children.  

The plea is the result of an investigation by the Elmira Police Department, under the direction of Chief Anthony Alvernaz, and the Corning, NY, Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for November 30, 2022, at 11:00 a.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 Alexis Lopez, 29, of Buffalo, NY, who was convicted of narcotics conspiracy, was sentenced to serve 24 months in prison by U.S. District Judge Lawrence Vilardo.  

Assistant U.S. Attorney David J. Rudroff, who handled the case, stated that on March 1, 2021, the U.S. Postal Inspection Service executed a search warrant on a Priority Mail Express Parcel, which contained approximately ½ a kilogram of cocaine. The drugs inside the parcel were replaced with sham material, and an undercover agent delivered the parcel to an address on Leroy Avenue in Buffalo, where it was accepted by Lopez. After the parcel was taken inside, agents were alerted that the parcel had been opened. Following that alert, a search warrant was executed, and agents discovered Lopez and co-defendant Ivan Irizarry-Ramos together in an apartment, from which they also recovered a digital scale, plastic packaging materials, and an electric blender with white powdery substance inside.

Ivan Irizarry-Ramos was previously convicted of narcotics conspiracy and is awaiting sentencing. 

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward of the Boston Division, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Dustin Coffelt, 33, of Cheektowaga, 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 Maeve E. Huggins, who is handling the case, stated that according to the complaint, in July 2022, the Depew Police Department received a report that Coffelt sexually abused a 13-year-old girl (minor victim). Subsequent investigation determined that the alleged abuse may have been ongoing for several years and included communication over various social media applications and text messaging. On July 29, 2022, investigators seized Coffelt’s cell phone. Numerous sexually explicit images of the minor victim, which constitute child pornography, were recovered from the phone.

Coffelt made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained.

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

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 Mohammed Uddin, 35, of Cheektowaga, NY, was arrested and charged by criminal complaint with attempted production of child pornography and the attempted online enticement of a minor. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of life, 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, Uddin engaged sexually explicit online and text communications with who he believed was a 13 y/o female. The individual was actually an undercover FBI Child Exploitation Task Force Officer. Over a period of approximately three weeks, Uddin discussed engaging in sexual activity with the child, sent pornography to the child, talked about taking the child’s virginity, attempted to induce the child to produce and send him sexually explicit photos and videos, and formed a plan to meet the child at her Rochester home for sex. 

On August 18, 2022, Uddin traveled from Cheektowaga to an address in Rochester, NY, which Uddin believed was the child’s residence, to engage in sex with the child. Uddin was immediately taken into custody, at which time investigators located a cell phone used in the crime. 

Uddin made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held pending a detention hearing.

The criminal complaint is the result of an investigation by the FBI’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.

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 Ronald Morris, 47, of Buffalo, NY, pleaded guilty to aggravated bank robbery, attempted bank robbery, and using, possessing, and brandishing a firearm in furtherance of a crime of violence before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of seven years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Morris was involved in robbing three credit unions:

• On February 27, 2019, Morris a/k/a Cracks and Adrian D. Applewhite entered the Tonawanda Community Federal Credit Union on Delaware Street in Tonawanda, armed with a firearm. The two men forcibly took approximately $111,992.18 in United States currency before fleeing in a vehicle.                
• On July 25, 2019, the defendant and Myron McCollum entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna wearing dark colored clothing and face masks and conducted a bank robbery with pepper spray and a pistol. Morris and McCollum traversed the teller’s counter, sprayed the tellers with pepper spray, and went to the unlocked safe, forcibly taking $290,500 in United States currency.                 
• On November 7, 2019, Morris and Carl Wilson and Myron McCollum, armed with a pistol and donning masks and gloves, entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. Morris and his accomplices ordered all the employees to the ground and demanded money.  Wilson and McCollum went behind the teller line and went through teller’s drawers, while Morris went to the vault. They forcibly took $148,793.90 in United States currency. 

Carl Wilson and Applewhite were previously convicted, charges remain pending against Myron McCollum.

The plea is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Douglas J. Czora; and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

Sentencing is scheduled for December 1, 2022, before Judge Arcara. 

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