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 Brian A. Smith, 49, of Buffalo, NY, was arrested and charged by criminal complaint with wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that Smith, owner of B Smith and Companies, LLC, received two Paycheck Protection Program (PPP) loans and one Economic Injury Disaster Loan (EIDL), which were administered by the Small Business Administration to assist small businesses during the COVID-19 epidemic. According to the complaint, Smith submitted false documentation to the SBA and/or the financial institutions administering the PPP program, completing loan applications with fictious gross receipts, cost of goods sold, and payroll for businesses under his control. Smith is also accused of filing false tax returns misrepresenting his income to receive COVID relief loans for which he would not otherwise qualify. Smith personally received approximately $119,633.00 in EIDL and PPP loans, which he deposited into bank accounts that he controlled. The funds were ultimately used for personal expenditures at adult entertainment clubs, hotels, restaurants, cash withdrawals, and on retail goods.
 
In October of 2010, Smith was convicted of wire fraud in the Eastern District of Missouri and served 10 months in prison. In September 2012, Smith was convicted of wire and bank fraud in the Western District of New York and was sentenced to 63 months in prison. In September 2019, Smith was sentenced to serve an additional nine months in prison after violating the terms of his supervised release. 
Smith made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

The complaint is the result of an investigation by the 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.

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 Ronald Rechan, 59, of Douglasville GA, who was convicted of making a false statement on a bank loan application and tax evasion, was sentenced to serve six months in prison and ordered to pay restitution totaling $628,144 by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in November 2017, Rechan submitted a $150,000 home loan application to First National Bank of America. In order to influence the bank into issuing the loan, Rechan fraudulently overstated his income. In addition to providing false information to the bank, between April 2013 and January 2018, Rechan committed tax evasion. During that period, while serving as a chief financial officer, Rechan paid himself $1,962,167.21 which constituted income for federal tax purposes. In order to avoid paying tax on this income, Rechan paid personal expenses directly from a company account and deposited $332,746.19 into a nominee bank account. His actions resulted in a tax loss to the IRS of $628,144.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Acting Special Agent-in-Charge, New York Field Office.

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

ROCHESTER/BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Danielle Tooley, 37, of Batavia, NY, who was convicted of wire fraud, was sentenced to serve six months in prison and pay approximately $18,000 in restitution by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between July 9 and December 4, 2020, Tooley applied for and collected unemployment benefits to which she was not entitled, benefits that were connected to federal COVID-19 relief programs. The scheme came to the attention of law enforcement on November 24, 2020, when Tooley was arrested for criminal possession of a controlled substance during a vehicle traffic stop on Clinton Street in Bergen, NY. A New York State Police trooper observed a crack pipe with white residue inside Tooley’s vehicle. As they prepared for Tooley’s vehicle to be towed, troopers recovered six New York State unemployment benefit cards issued to individuals other than Tooley, which they turned over to the U.S. Department of Labor, Office of Inspector General. Subsequent investigation determined that Tooley consistently withdrew money from bank accounts associated with the benefit cards. 

In a separate case, Shaneesha White, 32, of Buffalo, NY, who was convicted of wire fraud involving benefits connected to a presidentially declared national emergency, was sentenced to serve 41 months in prison and ordered to pay $48,833.15 in restitution to the NYS Department of Labor by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Rossi, who also handled the case of defendant White, stated that between June 2020 and February 2021, White applied for and received unemployment insurance benefits in her own name, under false and fraudulent pretenses. White and others also used the personal identifying information of two individuals fraudulently to create benefit accounts and collect benefits in the names of these individuals. The benefit money was deposited into bank accounts held and controlled by White at Key Bank. Key Bank also issued ATM cards in both the White’s name and in the names of the two individuals, which White used to make cash withdrawals of the benefits. As a result of the fraud, White unlawfully collected $48,833.15 in benefits. 
 
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 sentencings are 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; the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent-in-Charge John Pias; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge Sharon B. MacDermott; and the New York State Police, under the direction of Major Brian Ratajczak.  

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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 Dyshika McFadden, 28, of Rochester, NY, who was convicted of civil disorder, was sentenced to serve 30 months in prison by U.S. District Judge Charles J. Siragusa. McFadden was also ordered to pay $4,287 in restitution.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on May 30, 2020, McFadden participated with others in a public protest near the Public Safety Building on Exchange Street in Rochester, which turned violent and resulted in vandalism, damaged property, looting, and fires. At approximately 5:05 p.m., McFadden and others used an aerosol can and an open flame to set fire to a marked Rochester Police Department car, while it was parked in front of the Public Safety Building. The car was completely destroyed by fire. McFadden admits that he set the fire with assistance of others

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief David Smith; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Brian Ratajczak; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team; the Rochester Fire Department, under the direction of Fire Chief Willie Jackson; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.

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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 that a federal grand jury has returned an indictment charging Darin R. Pastor, 51, currently of Morristown, NY, and Halford W. Johnson, 59, of Brockport, NY, with conspiracy to commit wire fraud and securities fraud, securities fraud, and wire fraud. The charges carry a maximum penalty of 25 years in prison. Additionally, Pastor is charged with engaging in monetary transactions with criminally derived property and conspiracy to defraud the United States.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that in September 2013, Pastor obtained ownership and control of a publicly traded company named Creative App Solutions, Inc., whose stock was registered with the United States Securities and Exchange Commission. After becoming CEO of Creative App Solutions, Pastor changed the company’s name to Capstone Financial Group, Inc. On September 25, 2013, Johnson was appointed Chief Financial Officer of Capstone.

From September 2013, through March 2017, approximately 95 investors purchased Capstone stock in private placement offerings for approximately $19,000,000. During that time, in furtherance of the conspiracy, Pastor and Johnson fraudulently represented to investors and potential investors that Pastor had substantial personal wealth, and that Capstone was engaged in lucrative investments, such as gold, equity, and livestock deals, which would generate enormous profits for the investors. Pastor and Johnson maintained an online Wikipedia page for Pastor that misrepresented his net worth, and in soliciting investments in Capstone, encouraged potential investors to research Pastor online. Pastor actually had a negligible net worth and was millions of dollars in debt.

While investors believed their money would be used to fund Capstone’s business deals, millions of dollars were used to pay for Pastor’s personal expenses and to fund a lavish lifestyle for himself and his wife, which included:

• $1.5 million to purchase a house in Clarence, New York; • $738,000 to purchase a house in Florida for a relative of Pastor; • $294,640 for jewelry; • $118,000 for Pastor’s 2013 destination wedding in St. Barts; • $95,000 for furniture for Pastor’s rented home in California; • $57,000 for clothing from a high-end men’s clothing store in Amherst, NY; • $56,000 for child support payments to Pastor’s ex-wife; • $55,000 for tooth veneers for Pastor and his wife; and
• $52,000 for motor vehicles.

In addition, in April 2017, Capstone offered to buy back shares of Capstone stock from its investors. Pastor and Johnson represented to investors that if they sold their Capstone shares back to the company, Capstone would pay them at least four times the amount the investors had paid for the stock by December 31, 2017. Approximately 94 investors accepted the stock buyback offer and returned their Capstone stock to Capstone. None of the investors who accepted the stock buyback offer received payment from Capstone by the December 31, 2017 deadline. Between February and April 2018, Capstone made partial payments to investors, who never received the full amounts Capstone promised to pay them pursuant to the stock buyback agreements.

Pastor and Johnson were arraigned by U.S. Magistrate Judge Michael J. Roemer and released on conditions.

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 and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Thomas Fattorusso.

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

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Timothy L. Mulvey, 35, of Grand Island, NY, who was convicted of aggravated bank robbery, was sentenced to serve 77 months in prison by U.S. District Judge Richard J. Arcara. In addition, Mulvey’s parents, Cheryl, 68, and Lawrence, 69, both of Grand Island, who were convicted of accessory after the fact, were sentenced to time served for their roles in Timothy Mulvey’s bank robberies.  

Assistant U.S. Attorney Joshua Violanti, who handled the case, stated that on June 27, 2018, Mulvey entered the Northwest Savings Bank on Grand Island Boulevard and, wearing a disguise, approached the teller, displayed in his waistband a dangerous weapon that looked like a handgun, and demanded cash. The victim teller passed Mulvey approximately $2,044.00 in United States currency and Mulvey exited the bank. On July 11, 2018, Mulvey entered the M&T Bank on Military Road in Niagara Falls. Wearing a disguise and carrying a bag, Mulvey approached the teller and demanded cash, pulling a dangerous weapon that looked like a black gun halfway out of his bag. The victim teller passed Mulvey approximately $913.00 in United States currency, and Mulvey exited the bank.

At the time of the bank robberies, Mulvey was on New York State parole. After his arrest, he attempted to remotely erase the contents of his cellphone after giving it to law enforcement and consenting to its download. Mulvey also instructed his girlfriend to search in the basement insulation of their shared residence and to take whatever she found and discard it in a dumpster. The girlfriend found a black gun and took it to Mulvey’s parents’ house, and gave it to Mulvey’s father, co-defendant Lawrence Mulvey. Soon thereafter, that gun, which had been used in the robbery of the M&T Bank on July 11, 2018, was thrown away. In addition, Cheryl Mulvey admitted that she intentionally attempted to discredit a potential witness.

The sentencings care the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, and the Niagara Falls Police Department, under the direction of Superintendent John Faso.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Massey, 32, of Rochester, NY, was arrested and charged by criminal complaint with possession of firearm in furtherance of drug trafficking crime, possession of firearm by convicted felon, possession with intent to distribute cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life and a fine of $1,000,000. 

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, on July 30, 2022, Rochester Police Officers responded to an Oneida Street residence in Rochester, for a report of menacing with a firearm. Victim 1 told officers that Massey parked a vehicle, exited the vehicle, drew a black handgun, and pointed it at Victim 1 and second victim as he approached them, and threatened to shoot them. Victim 1 and Victim 2 ran into a residence, while Massey got into the vehicle and drove away. While officers were speaking with Victim 1, Massey drove by, and Victim 1 immediately shouted “that's him.” Officers returned to their patrol vehicle to initiate a vehicle stop, activated their lights and sirens, and tried to catch up with Massey’s vehicle. However, before they could stop him, Massey crashed his vehicle at the corner of Perkins Avenue and Norran Drive, exited the vehicle and fled on foot. Massey was taken into custody a short time later. A loaded 9mm pistol and approximately 39 bags of suspected cocaine were recovered from the car.

Massey made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on August 18, 2022.

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

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 Christian G. Cruz, of Rochester, NY, was arrested and charged by criminal complaint with possession of a firearm in furtherance of a drug trafficking crime and possession of a controlled substance with intent to distribute. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.  

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, on August 2, 2022, Rochester Police Officers on patrol observed Cruz standing on the sidewalk and displaying what appeared to be a firearm to another male. After stopping their vehicle and approaching Cruz, the officers observed what appeared to be the outline of firearm in Cruz’s left front shorts pocket. Cruz said he was going to grab his ID and attempted to reach into the pocket. The officers yelled for Cruz not to reach for the gun, at which point the officers grabbed his arms in an attempt to stop him from pulling out the firearm. Cruz continued to reach for the firearm and fought with officers as they were trying to secure him. As Cruz was being secured, he yelled to the officers that they could take the gun out of his shorts pocket. The officers removed a loaded .380 caliber handgun. Officers continued to pat down Cruz and also recovered quantities of cocaine and crack cocaine, and suspected fentanyl and heroin.

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

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 Morris, 37, of Rochester, NY, pleaded guilty to being a felon in possession of ammunition, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Matthew McGrath, who is handling the case, stated that on May 27, 2021, two groups of men appeared to exchange words and began pushing and shoving one another at a corner store on North Street in Rochester. Morris and an unidentified individual produced firearms and exchanged gunfire outside of the store before fleeing the area. Rochester Police Officers responded and secured a cartridge case that had been ejected from Morris’s pistol, as well as video footage from both inside and outside of the store. Morris was identified as one of the shooters in the video. He was later taken into custody by the U.S. Marshal Service. Morris has three prior felony convictions and is prohibited from possessing ammunition.

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, the Rochester Police Department, under the direction of Chief David Smith, and the U.S. Marshals Task Force, under the direction of Marshal Charles Salina.

Sentencing is scheduled for November 7, 2022, at 2:00 p.m. before Judge Larimer.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Denver Komenda, 47, Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on October 22, 2021, investigators went to a residence on Locust Street in Jamestown to arrest a fugitive possibly located at the residence. When they arrived, investigators encountered Komenda, who gave permission for a search of the residence. Investigators were unsuccessful in locating the fugitive but discovered and seized a bag of fentanyl that was observed in Komenda’s bedroom.

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

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

Sentencing is scheduled for November 15, 2022, at 1:00 p.m. 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 Benyadiel Merced, 21, of Farmington, NY, who was convicted of possession with intent to distribute a controlled substance and being an unlawful user of a controlled substance in possession of ammunition, was sentenced to serve 18 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on December 9, 2021, Merced was driving a vehicle on the Victor Central School campus when he was stopped by police. At the time of the stop, Merced possessed a loaded ghost gun. Merced also possessed 16 baggies of marijuana secreted in a compartment behind the vehicle’s radio. Merced admitted that at the time that he was an unlawful user of marijuana and was therefore prohibited from possessing the ammunition.  

The sentencing is the culmination of an investigation by the Ontario County Sheriff’s Office, under the direction of Sheriff Philip Povero 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 Roberto Millan, 34, of Jamestown, NY, was arrested and charged by criminal complaint with production and attempted production of child pornography, and possession of child pornography. The charges carry a minimum penalty of five 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 early February 2022, the Jamestown Police Department received information that Millan had sexually abused a 15-year-old female victim. The victim told investigators that Millan communicated with her via text message and Facebook messenger, requesting her to produce sexually explicit images of herself and send the images to him. Initially, the victim refused but she eventually produced the requested images after Millan threatened to harm her family. The victim also stated that during the first time Millan sexually abuse her, he warned that if she “made too much noise,” he would physically harm her family.

During the investigation, law enforcement recovered a series of sexually explicit text messages between Millan and the victim, as well as images of child pornography. On February 9, 2022, following the execution of a search warrant at Millan’s residence in Jamestown, he was taken to the Jamestown Police Department and his cell phone was seized.  The cell phone contained additional images of child pornography.

Millan appeared before U.S. Magistrate Judge Michael J. Roemer and is being detained.

The complaint is the culmination of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson and 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 Jaden Z. Campbell, 18, of Rochester, NY, was arrested and charged by criminal complaint with carjacking and possessing and brandishing a firearm in furtherance of a crime of violence. The charges carry a maximum penalty of life and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the complaint, in the early morning hours of July 11, 2022, Rochester Police officers were dispatched to the intersection of Resolute Street and North Clinton Avenue, for a report of an armed robbery and carjacking. While in route to the scene, officers saw the vehicle, and a chase ensued, lasting for approximately 27 minutes throughout Rochester, Irondequoit, and Scottsville. The chase ended with a motor vehicle accident on Quaker Road in Scottsville. Campbell exited the vehicle and ran but was taken into custody shortly thereafter. 

The victim told police that while he was at 80 Resolute, Campbell came out from behind a tree with a gun and demanded all of his stuff or he would be shot. Campbell then reached into the victim’s pockets and took his car keys. After failing to start the victim’s car, Campbell told the victim to start the car, or he would be shot. Later in the morning on July 11, 2022, a concerned citizen called 911 to report a handgun in the roadway on Cranbrooke Drive in Irondequoit, one of the streets included in the case.  Officers responded and recovered a 9mm pistol.

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held.

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

The criminal complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Irondequoit Police Department, under the direction of Chief Alan Laird, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Jimmy L. Harris, Jr., 43, of Rochester, NY, was arrested and charged by criminal complaint with being a felon in possession of a weapon. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that according to the complaint, Harris had five previous felony drug and firearm convictions in 1998, 2000, 2003, 2008 and 2011, and is legally prohibited from possessing a firearm. On August 2, 2022, a Rochester Police officer spotted a blue Nissan Sentra at the intersection of Avenue D and Hudson Avenue, which the officer recognized from an officer safety bulletin. The bulletin advised that the vehicle was suspected of being involved in two recent Rochester shooting incidents, Harris was suspected to be driving the Nissan, he was believed to possess a pistol, and he did not have a valid driver’s license. After calling for backup, the officer approached Harris in a nearby store parking lot. Despite being commanded to stop, Harris ran but was taken into custody after a brief foot chase. Harris physically resisted being taken into custody causing another officer to sustain a cut on his arm that required stitches. During a search of the Nissan, officers located a 9mm pistol and 31 rounds of ammunition.

Harris made an initial appearance on August 4, 2022, before U.S. Magistrate Judge Mark W. Pedersen and remains in custody. His next court date is September 15, 2022.

The indictment 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, 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 Roger Roberts, 50, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 204 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between May 5 and October 19, 2020, Roberts engaged in Snapchat communications with a 13-year-old girl living in England. Roberts persuaded the girl to send sexually explicit photos and videos involving herself and a five-year-old girl.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Brian J. Ratajczak and Homeland Security Investigations, under the direction of 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 a federal grand jury has returned an indictment charging Roberto Morales Sanchez, 53, Ryan A. Bloom, 36, Rachelle N. Allison, 36, and Katie E. Calimeri, 30, all of Jamestown, NY, with narcotics conspiracy, which carries a mandatory minimum penalty of 10 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 2019 and December 2021, the defendants conspired to sell heroin, methamphetamine, and fentanyl in the Jamestown area. The defendants are also accused of using residences on Fairview Avenue and Willis Street for drug trafficking purposes. Defendant Bloom is also charged distributing controlled substances, which caused serious bodily injury to an individual identified as A.R.

The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendants Sanchez, Bloom and Allison are being detained, defendant Calimeri was released.

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

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 Almonte Diaz, 28, of Cleveland, Ohio, and Lowinsky Cuevas Acosta, 26, of Lynn, Massachusetts, were arrested and charged by criminal complaint with possession with intent to distribute 500 grams or more of cocaine. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on August 2, 2022, the New York State Police conducted a traffic stop of a white Toyota Camry, bearing Massachusetts plates, traveling eastbound on Interstate 90 in the area of Exit 41 in Seneca County. Diaz was identified as the driver and Acosta was identified as the front seat passenger. As the trooper approached the vehicle, a strong odor of marijuana was emanating from the vehicle. During a search of the vehicle, troopers recovered approximately $18,000 in cash and a gift-wrapped package that contained approximately 645 grams of cocaine.

Diaz and Acosta made an initial appearance today before U.S. Magistrate Judge Mark W. Pedersen and were detained. 

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Brian J. Ratajczak, U.S. Customs and Border Protection, Air and Marine Operations, under the direction of Brian Manaher, 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 Charity Lee, 40, of Rochester, NY, who was convicted of possession with intent to distribute crack cocaine and a violation of supervised release, was sentenced to serve 39 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that in January 2021, Lee was convicted on federal charges of possession with intent to distribute cocaine and being a felon in possession of a firearm and ammunition and sentenced to time served and three years’ supervised release. On March 8, 2021, United States Probation Officers conducted a routine home visit at Lee’s Ernst Street residence. During the visit, officers recovered 15.5 grams of crack cocaine base, a razor blade and drug packaging material, as well as multiple rounds of ammunition. 

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

The sentencing is the result of an investigation by the U.S. Probation Department, under the director of Chief Probation Officer Timothy Englert, the Rochester Police Department, under the direction of Chief David Smith and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, New York Field Division, under the direction of Special Agent-in-Charge John B. Devito.

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Quandrell Davis, 31, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl and being a felon in possession of firearms and ammunition, was sentenced to serve 63 months in prison by U.S. District Judge Elizabeth A. Wolford.

 Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that in June 2010, Davis was convicted of Criminal Possession of a Weapon in the Second Degree in Monroe County Court, and sentenced to five years in prison. On September 2, 2020, the Greater Rochester Area Narcotics Enforcement Team (GRANET), searched 52 Walnut Street in Rochester, and seized approximately 1.5 grams of fentanyl and approximately 1.5 grams of cocaine, three loaded firearms, one of which had been reported stolen in Tennessee, and ammunition. Drug trafficking paraphernalia was also seized, including digital scales and drug packaging material. Davis was taken into custody following the search.
  
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 Rochester Police Department, under the direction of Chief David Smith and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, New York Field Division, under the direction of Special Agent-in-Charge John B. Devito.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Robert Shelton, 37, of Rochester, NY, pleaded guilty to being a 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 Matthew McGrath, who is handling the case, stated that Shelton was previously convicted of felony charges in 2008, 2009, and 2012, and is legally prohibited from possessing a firearm. On March 7, 2020, Shelton sold two firearms to an individual working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, including a pistol, a rifle, and ammunition. 

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.

Sentencing is scheduled for November 10, 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 Rolik Walker, 24, of Buffalo, NY, was arrested and charged by criminal complaint with making an interstate threat. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the criminal complaint, on May 16, 2022, just two days after the racially motivated shooting at the Tops grocery store on Jefferson Avenue in Buffalo, Walker created a Twitter account with the handle @ConklinHero. The defendant accused in the Tops shooting is from Conklin, NY. Walker then used the @ConklinHero account to post that he and his “associates” were targeting several grocery stores in the Buffalo area and were “only looking to kill blacks.” Walker attempted to anonymize his creation of the Twitter account and the Twitter post by utilizing an application on his cell phone that masked his IP address.

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

The criminal complaint is the result of an investigation by 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

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Elderwood Administrative Services, LLC, and various senior care facilities operating under the Elderwood brand, have agreed to pay $950,000 to resolve allegations arising under the False Claims Act regarding false claims submitted to Medicare and Medicaid.

Assistant U.S. Attorney David M. Coriell, who handled the case, stated that Elderwood is a Buffalo-based senior care company that operates facilities in Western New York providing post-acute health care services, including skilled nursing and inpatient rehabilitation. The Government alleges that between August 1, 2013, and December 31, 2018, Elderwood knowingly submitted, or caused to be submitted, false claims for payment to Medicare for physical therapy, occupational therapy, and speech therapy services that were medically unnecessary. The submission of these medically unnecessary claims resulted in Elderwood receiving artificially inflated payments from Medicaid.

“This settlement reflects the commitment of my office to hold everyone, including healthcare providers, accountable when they seek to defraud the government,” said U.S. Attorney Ross. “My office will continue to ensure that federal taxpayer dollars meant to serve Medicare and Medicaid patients are spent on needed services and we will not allow healthcare providers to become unjustly enriched when they bill for unnecessary services.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Jean Nolan. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Nolan v. Elderwood Health Care at Linwood, Elderwood Senior Care, Inc, Post Acute Partners, and Does 1-100, 15-cv-0099 (W.D.N.Y.). Ms. Nolan will receive a share of the settlement.

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

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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 Kornaker, 50, of North Tonawanda, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to wire fraud and violation of supervised release. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that between June and August 2020, shortly after being released on supervised release from federal prison following a prior fraud conviction, Kornaker fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA). The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. Kornaker applied for $60,500 by using the name and personal information of another person and without that person’s permission.

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

Sentencing is scheduled for November 30th at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Shawn Kostelny, 56, of Blasdell, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography involving a prepubescent minor, which carries a maximum penalty of 20 years in prison, and a fine of $250,000.   

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that in June 2020, Kostelny distributed images of child pornography to an undercover officer over the internet, using Peer-to-Peer software. On August 14, 2020, a search warrant was executed at Kostelny's residence, during which numerous electronics were seized, including a hard drive. A subsequent search of hard drive recovered over 600 images of child pornography. Some of the images included prepubescent minors, the sexual abuse or exploitation of an infant or toddler, and depictions of violence.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for November 22, 2022, 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 Alexander Carnahan, 29, of Randolph, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to two counts of production 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 Charles M. Kruly, who is handling the case, stated that on January 15, 2020, and April 28, 2020, Carnahan removed Minor Victim 1’s clothing and took a video of Victim 1’s naked body. Carnahan did so because he was sexually attracted to Victim 1, who was 11 years old. During the investigation, law enforcement recovered additional images and videos of Victim 1 in video files belonging to Carnahan.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Jamestown Police Department, under the direction of Chief Timothy Jackson.

Sentencing is scheduled for November 17, 2022, at 11:00 a.m. before Judge Sinatra.

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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 G. Steven Pigeon, 61, of Buffalo, NY, who was convicted of conspiracy to cause a foreign donation in a state election in violation of federal law, was sentenced to serve four months in prison and one year supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Paul E. Bonanno and Deputy Chief John Keller of the Department of Justice Public Integrity Section, who handled the case, stated that while working as a political consultant and lobbyist in Buffalo, Pigeon represented a foreign client, whose CEO was a Canadian citizen. In early 2014, despite knowing that it was illegal to make a foreign donation to a state political campaign, Pigeon solicited the CEO to make a $25,000 donation to the reelection campaign of a New York state elected official. However, the campaign rejected the donation because the CEO was not a citizen or permanent legal resident of the United States. Pigeon and the CEO then caused the donation from the CEO to be made through another individual, a permanent legal resident of the United States and an employee working for the CEO. In February 2014, a $25,000 donation was made to the elected official’s campaign, with Pigeon and the CEO knowing that the CEO would reimburse, the donation. As a result of the $25,000 donation, Pigeon and the CEO were granted entry into a fundraising event for the public official in New York City on February 26, 2014. 

The sentencing is the result of an investigation by the FBI Buffalo Field Office, under the direction of Special Agent in Charge Stephen Belongia; the New York State Attorney General’s Office, under the direction of Letisha James; and the New York State Police, under the direction of Major Eugene Staniszewski.

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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, pleaded guilty before U.S. District Judge David G. Larimer to possession of 10 grams or more of para-flourofentanyl with intent to distribute, which carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.

Assistant U.S. Attorney 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 plea 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.

Sentencing is scheduled for October 3, 2022, at 2:00 p.m. before the Judge Larimer.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Shamaar Braggs, 41, of Buffalo, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve six months home incarceration and three years supervised release by Senior U.S. District Judge William M. Skretny.  

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that in May 2018, Braggs was under the supervision of New York State Department of Corrections and Community Supervision following a previous drug conviction in Chautauqua County Court. On May 19, 2018, New State Parole Officers conducted a parole search of Braggs’ residence, during which they located a .40 caliber pistol, a .22 caliber assault rifle, an assault rifle, a quantity of marijuana and suboxone, $2,730.00 in cash, and two digital scales. Buffalo Police Officers then responded and took Braggs into custody.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci. 

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David G. Jakubonis, 43, of Fairport, NY, was arrested and charged by criminal complaint with assaulting a member of Congress using a dangerous weapon. The charge carries a maximum penalty of 10 years in prison.     

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

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marion W. Payson and is being held pending a detention hearing on July 27, 2022, at 10:30 a.m.

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

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 Robert Morgan, 65, of Rochester, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to time served and fined $2,000 by Chief U.S. District Judge Elizabeth A. Wolford. As part of his plea agreement, Robert Morgan agreed to pay $16.27 million dollars, which the Government alleged was the proceeds of other financial fraud, to settle the civil forfeiture case brought against him.  

In addition, Todd Morgan, 33, of Pittsford, NY, who was convicted of bank larceny, was sentenced to time serve and fined $500.  

Assistant U.S. Attorney Evan K. Glaberson, who handled the case, stated that Robert Morgan was the manager of Morgan Ellison Heights LLC, which was the majority owner of Ellison Heights Apartments LLC. His son, Todd Morgan, worked as Project Manager for his father’s real estate management company Morgan Management.

In September 2016, Robert and Todd Morgan, and others, caused ESL Federal Credit Union to issue a construction loan based on inaccurate information regarding the construction contract price. The defendants were aware of documents reflecting inaccurate information but submitted the information to ESL to obtain a larger amount of the construction loan than what would have otherwise been supported by the actual figures. The loan was used to construct Ellison Heights Apartments, a multi-family residential complex in Penfield, NY.

The sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Frank Giacobbe and Michael Tremiti, who were convicted of bank larceny, were sentenced by Chief U.S. District Judge Elizabeth A. Wolford. Giacobbe was sentenced to serve one year probation and ordered to pay a $500 fine, while Tremiti was sentenced to time served and a $500 fine. 

Assistant U.S. Attorney Evan Glaberson, who handled the case, stated that defendant Tremiti worked for Morgan Management, LLC., a real estate management company that managed over 100 multi-family properties, as the Vice President of Finance. Tremiti admitted submitting false documents to the ESL Federal Credit Union to obtain a construction loan. The loan was used to construct Ellison Heights Apartments, a multi-family residential complex in Penfield, NY.

Defendant Giacobbe owned and operated Aurora Capital Advisors, LLC, which brokered loans for borrowers seeking financing for multi-family properties such as apartment complexes. Through Aurora, Giacobbe worked as a mortgage broker on behalf of Morgan Management. Morgan Ellicott Apartments, LLC, was a limited liability company created to purchase a multi-family residential apartment complex located at 221 and 291 William Street in Buffalo, NY, known as Morgan Ellicott Apartments. Morgan Ellicott sought to obtain a loan from Evans Bank. Giacobbe, working with others, submitted documents and information to Evans Bank that overstated the contract purchase price of Morgan Ellicott, falsely represented the obligations associated with Morgan Ellicott, and misrepresented the actual purchase price of the property. Giacobbe also made misrepresentations designed to conceal from Evans Bank that he and others were not using the loan proceeds to purchase or maintain the property as required by the loan agreement.

The sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.  

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jariel Cobb a/k/a Doobie a/k/a Black, 49, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to narcotics conspiracy, conspiracy to obstruct justice, use of fire to commit a felony, and conspiracy to damage and destroy a vehicle used in interstate commerce by fire. The charges carry a mandatory minimum penalty of 25 years in prison, a maximum of life, and a $20,000,000 fine. Co-defendant James Reed, 39, of Buffalo, also pleaded guilty to narcotics conspiracy, conspiracy to obstruct justice, and use of fire to commit a felony, as well as accessory after the fact, which carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $20,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that beginning in 2014, Cobb, Reed, and others, began receiving and selling marijuana, heroin and cocaine. Cobb, Reed, and their co-conspirators utilized 973 Fillmore Avenue to store, package, and sell the illegal narcotics. In furtherance of the narcotics conspiracy, on September 15, 2019, Cobb arranged a purchase of a kilogram of cocaine from Miguel Anthony Valentin-Colon and Dhamyl Roman-Audiffred, who served as Cobb’s sources of supply. Valentin-Colon, along with his wife. Nicole Marie Merced-Plaud, their minor son, and Roman-Audiffred, arrived in their vehicle, a white minivan, at a residence on Roebling Avenue, as directed by Cobb. Roman-Audiffred exited the van and entered the residence’s kitchen, at which time a co-defendant her in the head with a blunt object and she fell to the floor. The co-defendant then went outside and shot and killed both Valentin-Colon and Merced Plaud, in the presence of their minor son, who was seated in a child’s car seat. The co-defendant then drove the minivan and parked it on Scajaquada Street near Kilhoffer Street in Buffalo.

A short time later, Cobb and Reed moved the body of Dhamyl Roman-Audiffred from the kitchen into the residence’s basement, where they dismembered her body. Cobb placed the body parts into multiple trash bags and placed them into the trunk of his vehicle, and then drove to a residence on Box Avenue, removed the trash bags, and placed them into a burning fire in a fire pit area in the backyard.

The following day, during the early morning hours of September 16, 2019, Cobb and another co-defendant retrieved the minivan from Scajaquada Street, with the bodies of Miguel Valentin-Colon and Nicole Marie Merced-Plaud still inside, as well as their minor son. Cobb and the co-defendant drove the minivan into the yard of a residence on Tonawanda Street and doused the vehicle and the bodies with gasoline, lighting the vehicle and bodies on fire. They took the minor child and left him on a stranger’s porch on Potomac Avenue in Buffalo.

In addition, co-defendant Deshema Clark pleaded guilty to unlawful possession of marijuana and faces up to one year in prison.

The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia; the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia; the Erie County Central Police Services Forensic Laboratory, under the direction of Commissioner James Jancewicz. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

Sentencing's will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that David Michael Calaiacovo, 65, of Hamburg, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison and 15 years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that Calaiacovo is a retired school psychologist. On June 27, 2019, after receiving reports from the National Center for Missing and Exploited Children (NCMEC) via the New York State Police, Homeland Security Investigations executed a search warrant at Calaiacovo’s residence and found several electronics, including a laptop and a desktop computer. A forensic review of those devices recovered more than 800 images and videos of children being raped, sexually assaulted, or sexually exploited. 

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

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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 Caswell Richards, 55, of Jamaica, who was convicted of use of a U.S. passport secured by a false statement, was sentenced to serve eight months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated in December 2020, Richards used another individual’s name and birth certificate to apply for and secure a United States passport. On that application, Richards also indicated that there were no other names he had used in the past and affirmed to a Passport Acceptance Agent that all the information provided was true and correct. On November 25, 2021, Richards sought entry to the United States at the Peace Bridge Port of Entry using the fraudulent passport.

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

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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 Wilfredo Sanchez, 25, of Rochester, NY, who was convicted of possession with intent to distribute 10 grams or more of a fentanyl analogue and possession of a firearm and ammunition by a convicted felon, was sentenced to serve 168 months in prison by U.S. District Judge Charles J. Siragusa.

 Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Sanchez was arrested on March 23, 2021, following a search of his Saranac Street residence, during which investigators seized over 88 grams of para-flourofentanyl, an analogue of fentanyl, and over 64 grams of cocaine. A loaded 9mm semiautomatic pistol, ammunition, digital scales, and drug packaging material were also recovered. At the time of his arrest, Sanchez was on supervised release after serving five years in prison following a March 2017 federal conviction for possessing a firearm in furtherance of drug trafficking. 
  
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, New York Field Division, under the direction of Special Agent-in-Charge John B. DeVito.

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A federal grand jury today returned a 27-count indictment charging Payton Gendron, 19, of Conklin, New York, with 14 violations of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (Shepard-Byrd Act) and 13 firearms offenses in connection with the mass shooting at the Tops grocery store on Jefferson Avenue in Buffalo, New York. The announcement was made by Attorney General Merrick B. Garland, Assistant Attorney General Kristen Clarke for the Justice Department's Civil Rights Division, U.S. Attorney Trini E. Ross for the Western District of New York, and Special Agent-in-Charge Stephen Belongia of the FBI Buffalo Field Office.   

The indictment alleges that on or about May 14, Gendron opened fire with a Bushmaster XM rifle and shot multiple individuals in and around the Tops grocery store, which resulted in the deaths of 10 Black people, as well as injury to three others. The indictment charges that Gendron violated the Shepard-Byrd Act by willfully causing the death of the victims because of their actual and perceived race and color.

In total, the 27-count indictment charges Gendron with 10 counts of hate crimes resulting in death, three counts of hate crimes involving an attempt to kill three injured individuals, and one hate crimes count alleging that Gendron attempted to kill additional Black people in and around the Tops grocery store. The indictment also charges Gendron with 13 counts of using, carrying, or discharging a firearm in relation to the hate crimes, and seeks forfeiture of items, including the weapon used in the shooting. The indictment further includes special findings alleging, among other things, that Gendron committed the offense after substantial planning and premeditation to commit an act of terrorism.  

“Today, a grand jury has indicted Payton Gendron with hate crime and firearms offenses following the horrific attack on the Black community of Buffalo that killed 10 people and injured three others on May 14, 2022,” said Attorney General Garland. “The Justice Department fully recognizes the threat that white supremacist violence poses to the safety of the American people and American democracy. We will continue to be relentless in our efforts to combat hate crimes, to support the communities terrorized by them, and to hold accountable those who perpetrate them.”

Upon conviction, the charges in the indictment carry a maximum penalty of life imprisonment or the death penalty. The Attorney General will decide whether to seek the death penalty at a later time. Should the Attorney General determine that the circumstances of the offense are such that a sentence of death is justified, the law requires that notice be filed with the court at a reasonable time before trial. Gendron is currently in state custody pending state criminal charges.

The indictment is the result of an investigation by the FBI Buffalo and Albany Field Offices; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Buffalo Office; the Buffalo Police Department; the New York State Police; and the Erie County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Joseph M. Tripi, Brendan T. Cullinane, and Brett A. Harvey of the Western District of New York and Trial Attorney Shan Patel of the Justice Department’s Civil Rights Division. 

More information about the Department’s hate crimes efforts, including facts and statistics, case examples, and a searchable collection of the Department’s resources for law enforcement, community groups, researchers, and others are available at www.justice.gov/hatecrimes.

An indictment is merely an allegation. The defendant is presumed innocent until proven guilty in a court of law. 

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

BUFFALO, NY – A federal grand jury today returned a 27-count indictment charging Payton Gendron, 19, of Conklin, New York, with 14 violations of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (Shepard-Byrd Act) and 13 firearms offenses in connection with the mass shooting at the Tops grocery store on Jefferson Avenue in Buffalo, New York. The announcement was made by Attorney General Merrick B. Garland, Assistant Attorney General Kristen Clarke for the Civil Rights Division, U.S. Attorney Trini E. Ross for the Western District of New York, and Special Agent-in-Charge Stephen Belongia of the FBI Buffalo Field Office.  

The indictment alleges that on or about May 14, 2022, Gendron opened fire with a Bushmaster XM rifle and shot multiple individuals in and around the Tops grocery store, which resulted in the deaths of 10 Black people, as well as injury to three others. The indictment charges that Gendron violated the Shepard-Byrd Act by willfully causing the death of the victims because of their actual and perceived race and color.

In total, the 27-count indictment charges Gendron with 10 counts of hate crimes resulting in death, three counts of hate crimes involving an attempt to kill three injured individuals, and one hate crimes count alleging that Gendron attempted to kill additional Black people in and around the Tops grocery store. The indictment also charges Gendron with 13 counts of using, carrying, or discharging a firearm in relation to the hate crimes, and seeks forfeiture of items, including the weapon used in the shooting. The indictment further includes special findings alleging, among other things, that Gendron committed the offense after substantial planning and premeditation to commit an act of terrorism.  

“Today, a grand jury has indicted Payton Gendron with hate crime and firearms offenses following the horrific attack on the Black community of Buffalo that killed 10 people and injured three others on May 14, 2022,” said Attorney General Merrick B. Garland. “The Justice Department fully recognizes the threat that white supremacist violence poses to the safety of the American people and American democracy.  We will continue to be relentless in our efforts to combat hate crimes, to support the communities terrorized by them, and to hold accountable those who perpetrate them.”

Upon conviction, the charges in the indictment carry a maximum penalty of life imprisonment or the death penalty. The Attorney General will decide whether to seek the death penalty at a later time. Should the Attorney General determine that the circumstances of the offense are such that a sentence of death is justified, the law requires that notice be filed with the court at a reasonable time before trial. Gendron is currently in state custody pending state criminal charges.

The indictment is the result of an investigation by the FBI Buffalo and Albany Field Offices; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Buffalo Office; the Buffalo Police Department; the New York State Police and the Erie County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Joseph M. Tripi, Brendan T. Cullinane and Brett A. Harvey of the Western District of New York and Trial Attorney Shan Patel of the Justice Department’s Civil Rights Division. 

More information about the department’s hate crimes efforts, including facts and statistics, case examples, and a searchable collection of the department’s resources for law enforcement, community groups, researchers, and others, are available at www.justice.gov/hatecrimes.

An indictment is merely an allegation. The defendant is presumed innocent until proven guilty 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 Tyler Collins, 27, of Buffalo, NY, was arrested and charged by criminal complaint with assaulting a federal officer. The charge carries a maximum penalty of eight years in prison.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the 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 “You are screwing with me! The FBI is screwing with me!”  One of the federal agents approached Collins and attempted to calm him down, 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. Approximately an hour later, Collins was taken into custody as he was walking on Delaware Avenue.

The criminal complaint 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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Alfredo Diaz a/k/a Dindo, 59, of Jamestown, NY, who was convicted of possession with intent to distribute, and to distribute, fentanyl, was sentenced to serve 70 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Michael J. Adler and Evan K. Glaberson, who handled the case, stated that in April 2020, investigators conducted three controlled purchases of fentanyl from Diaz. On May 13, 2020, searches were conducted of both Diaz’s residence as well as a storage unit he used. In the residence, investigators located approximately $8,000 in U.S. currency as well as drug distribution paraphernalia, including glassine bags and a digital scale. In the storage unit, a black 2016 Cadillac SRX sport utility vehicle registered to Diaz, as well as approximately $44,075 U.S. currency, was seized. The vehicle also contained a digital scale and packaging material. 

The sentencing is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.; and the New York State Police, under the direction of Major Eugene Staniszewski.

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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 Roosevelt E. Collins, III, 40, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 18 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that Collins was previously convicted on felony charges in 2001, 2005, 2010, and 2015, in Monroe County Court, and is legally prohibited from possessing a firearm. On July 26, 2021, members of the U.S. Marshals Task Force were surveilling Collins, who was wanted in connection with an alleged shooting incident on July 2, 2021. Officers took Collins into custody while he was sitting in a vehicle parked in a driveway on Magee Avenue. During the arrest, officers observed a loaded 9mm semiautomatic pistol in plain view on the floor of the front passenger seat. Collins also had a magazine loaded with 12 additional rounds of ammunition on his person.

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the U.S. Marshals Service, under the direction of Marshal Charles Salina, 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 Steven Gonzalez a/k/a Steven Hernandez, a/k/a Steve, a/k/a Stevie, a/k/a Unc, 46, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to narcotics conspiracy. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

Assistant U.S. Attorneys Joshua A. Violanti, Misha A. Coulson, and Joseph M. Tripi, who are handling the case stated that between June 2019, and September 2019, Gonzalez conspired with others to sell heroin, fentanyl, and acetyl fentanyl. During the conspiracy, Gonzalez sold quantities of heroin and fentanyl for profit, with the assistance of a known co-conspirator identified CC-1.  CC-1 arranged drug deals and drove Gonzalez to drug deals, and Gonzalez provided CC-1 with heroin/fentanyl for CC-1’s personal use.  On July 17, 2019, CC-1 made a controlled call to Gonzalez regarding CC-1’s sworn testimony related to the overdose of a person identified as L.K. CC-1 told Gonzalez that CC-1 believed that investigators did not believe CC-1’s false story accusing a source of supply named “Freddy.” Gonzelez told CC-1 to “stick to the same story that you’ve been telling them.”  

On September 24, 2019, investigators executed a search warrant at West Avenue residence, during which they recovered approximately 19 grams of heroin from Gonzalez’s possession.  Gonzalez utilized the West Avenue residence to facilitate his drug trafficking activities.

In April 2022, Gonzalez was indicted by a federal grand jury on charges of conspiracy to commit sex trafficking, sex trafficking of a minor, sex trafficking by coercion, and drug distribution charges. Those charges remain pending.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the New York State Police, under the direction of Major Eugene Staniszewski, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

Sentencing will be scheduled at a later date.  

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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 Anthony Wilson, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to aggravated bank robbery and possession of a firearm in furtherance of a crime of violence. The charges carry a mandatory minimum penalty of five years in prison, a maximum penalty of life and a $250,000.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on the morning of October 26, 2017, Wilson and co-defendants Adrian D. Applewhite and Khalil Holland, traveled to Angola, NY to rob the Lakeshore Federal Credit Union on Erie Road. Defendant Holland entered the Lakeshore Federal Credit Union wearing a mask and brandishing a semi-automatic pistol given to him by Wilson, while Wilson waited in a car nearby. Holland approached the teller and demanded money; however, the alarm was activated, and Holland left without taking any money. Holland fled on foot and was arrested shortly thereafter. During the pursuit, Holland discarded the pistol.

Defendant Applewhite was previously convicted in federal court and is awaiting sentencing. Defendant Holland was previously convicted and sentenced in New York State Court.

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; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; and the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn. 

Sentencing is scheduled for November 23, 2022, 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 Dale Trimmer, 47, of Spencerport, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 121 months in prison and 10 years supervised release by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that beginning in December 2020, Trimmer used a chat application to attempt to communicate with minors online, including a person he believed was a 13-year-old girl, but was actually an undercover law enforcement officer. Trimmer was repeatedly informed that the child was only 13 and lived with her mother. Despite this, he engaged in sexually explicit conversations with the child, told her that he wanted to have sex with her, and attempted to solicit sexually explicit photographs. At one point, Trimmer attempted to conduct a live video chat with the child and sent the child a sexually explicit video of himself. Trimmer also sent the child photographs of gifts that he bought for the child.  As the conversations continued, Trimmer discussed meeting the child for sex as well as plans for how they could carry on a sexual relationship. Trimmer was arrested on February 17, 2021.

During the investigation, investigators learned that in 2006, Trimmer was convicted in New York State Court of Disseminating Indecent Material to Minors and sentenced to serve six months in the Monroe County Jail followed by five years’ probation. Trimmer subsequently violated the terms of probation and was re-sentenced to serve one to three years in prison. In that case, Trimmer also used an online chat application to engage in sexually explicit online conversations with a person he believed was a 14-year-old female but was actually an undercover Monroe County Sheriff’s Office investigator. During those chats, Trimmer told the undercover investigator that he previously had sex with at least two minors in the past, and that he wanted to meet the minor for sex. The defendant was arrested after attempting to meet the minor in person.

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

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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 Marquis Frasier, 29, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to rioting, which carries a maximum penalty of five years in prison, and a $250,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on May 30, 2020, Frasier participated with others in a public protest near the Public Safety Building on Exchange Street in Rochester, which turned violent and resulted in vandalism, damaged property, looting, and fires. During the course of the protest, Frasier and others set fire to a mobile office located across the street from the Public Safety Building. Frasier assisted in lighting the mobile office on fire by throwing a bottle containing an accelerant and a rag into the mobile office. The burning of the mobile office was broadcast and recorded on Facebook Live, which streamed the burning of the mobile office online in real time. The mobile office was completely destroyed by fire.

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; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team; the Rochester Fire Department, under the direction of Fire Chief Willie Jackson; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.

Sentencing is scheduled for October 6, 2022, at 10:00 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 Jonathan Torres aka Joey aka Joey Crack, 42, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute more than 40 grams of fentanyl, was sentenced to serve 188 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that between April and November 28, 2018, Torres conspired with others to sell fentanyl and cocaine in the Wilkins Street area in Rochester. Torres supplied fentanyl and cocaine to individuals who would then distribute the drugs to customers. Torres also acted as a supervisor by monitoring the quantities of fentanyl and cocaine sold, directing the sales by others, re-supplying street-level workers, and supervising street-level workers who sold the drugs. At least one of the street-level workers was less than 18 years old. Torres used his Raines Park residence to store, package, and manufacture the fentanyl and cocaine for sale. 

The sentencing is the result of an investigation by New York State Police, under the direction of Major Barry Chase; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

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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 Jesus Santiago, 32, of Rochester, NY, was arrested and charged by criminal complaint with possession with intent to distribute marijuana, being a felon in possession of a firearm and ammunition, and possession of a firearm in furtherance of a drug trafficking crime. 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 on June 23, 2022, U.S. Probation Officers searched Santiago’s residence on Glide Street in Rochester, during which they recovered a loaded semi-automatic handgun, ammunition, a quantity of marijuana, and drug packaging materials. Santiago was previously convicted in 2016 in Erie County Court and in 2019 in the Western District of New York on firearms charges and is legally prohibited from possessing a firearm and ammunition.

Santiago made an initial appearance this morning before U.S. Magistrate Judge Mark W. Pedersen and was detained.

The criminal complaint is the result of an investigation by U.S. Marshal’s Task Force, under the direction of Marshal Charles Salina, the U.S. Probation Department, under the director of Chief Probation Officer Timothy Englert, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John DeVito, New York Field Division.

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

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Tyo, 34, of Liverpool, NY, who was convicted of bank robbery and attempted bank robbery, was sentenced to serve 100 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that over the course of four days in August 2019, Tyo robbed a bank in Brighton, NY; a bank in Buffalo, NY; and attempted to rob a third bank in Niagara Falls, NY: 

• On August 24, 2019, Tyo robbed the Citizens Bank inside the Tops Market on South Clinton Avenue in Brighton. Tyo gave the bank teller a detailed note that said, “if I even glimpse a dye-pack I will not hesitate to elevate the situation and you will be the first casualty.” The bank teller complied with Tyo’s demands and gave him U.S. currency, which Tyo took and fled the bank.
• On August 27, 2019, Tyo robbed a second Citizens Bank inside the Tops Market on South Park Avenue in Buffalo. He gave the bank teller a note demanding $50 and $100 bills and threatened the use of violence, stating in the note that he would use his gun if the teller did not cooperate. The teller complied and gave the defendant U.S. currency, which Tyo took and fled the bank.
• Also on August 27, 2019, Tyo attempted to rob a third bank, the Key Bank on Niagara Falls Boulevard in Niagara Falls. However, when he gave the teller a demand note, the teller said that they were dealing with a computer issue, and Tyo did not succeed in obtaining any money.

The sentencing is the result of an investigation by the Brighton Police Department, under the direction of Chief Dave Catholdi, 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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Eric Iwu aka James, 32, a Nigerian citizen currently residing in Buffalo, NY, pleaded guilty to structuring transactions to evade reporting requirements before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that in June 2019, a company called Reliancee Industry LLC was registered with the New York State Division of Corporations. One day later, with Iwu’s assistance, a KeyBank account was opened in the name of Reliancee Industry LLC. In August 2019, three separate deposits of $58,019.76, $54,522.28, and $51,989.54 were made into the account. After each deposit was made, multiple cash withdrawals were then made on different dates, all under $10,000, by an individual being directed by Iwu. Iwu directed the individual to withdraw the sums of cash on different dates knowing that KeyBank was legally obligated to report currency transactions in excess of $10,000. Iwu did so with the intent to evade that reporting requirement.

Iwu also admitted his role in opening bank accounts that received fraud proceeds from four victim companies located in the United Arab Emirates, United Kingdom, Singapore, and California, totaling approximately $760,000.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for October 19, 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, as jury selection was scheduled to get underway in his federal trial, Nicholas Turnquist, 36, of West Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorneys Maeve E. Huggins, Paul E. Bonanno, and Jonathan P. Cantil, who are handling the case, stated that beginning in 2012, and for several years after, Turnquist sexually abused a minor female victim (Victim) who was known to Turnquist. The sexual abuse occurred in New York State and in other states, including Pennsylvania, and in Canada. For example, on December 23, 2014, Turnquist transported the Victim, a then 16-year-old minor female, from New York to Pennsylvania, to engage in sexual activity.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the East Aurora Police Department, under the direction of Chief Shane Krieger, and the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory Rudolph.

Sentencing is scheduled for October 20, 2022, at 10:00 a.m. before Judge Sinatra.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Demario Robbins, 29, of Buffalo, NY, with one count of robbery of a pharmacy, which carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment, on December 30, 2021, Robbins stole quantities of oxycodone and hydrocodone, both Schedule II controlled substances, from the Rite Aid on Genesee Street in Buffalo.

Robbins, a former associate of the Schuele Boys Gang, was convicted of conspiracy to distribute cocaine and sentenced to serve 24 months in prison in 2017. 

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

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