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 a federal grand jury has returned an indictment charging Steven Mojica Medina, 34, of Jamestown, NY, with distribution of heroin, fentanyl and acetyl fentanyl causing death, narcotics conspiracy, possession with intent to distribute heroin, fentanyl, cocaine, and crack cocaine, using and maintaining a drug-involved premises, possession of firearms in furtherance of drug trafficking crimes, and being a felon in possession of a firearm and ammunition. The charges carry a mandatory minimum penalty of 30 years in prison, a maximum of life, and a 1,000,000 fine.

Assistant U.S. Attorneys Misha A. Coulson and Michael J. Adler, who are handling the case, stated that according to the indictment, on August 30, 2018, Medina sold acetyl fentanyl which resulted in the death of an individual identified as J.H. On September 9, 2018, Medina sold heroin, acetyl fentanyl, and fentanyl, which resulted in the death of an individual identified as J.T.

The indictment further states that: • Medina conspired with others to sell heroin, fentanyl and cocaine; • Used a residence on Euclid Avenue in Jamestown to conduct his drug trafficking activities; and
• Possessed firearms while conducting drug trafficking activities. In May 2015, Medina was convicted on a gun charge in Chautauqua County Court and is legally prohibited from possession firearms and ammunition.
 
Medina was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
 
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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Joseph Bella, 49, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine, being a drug user in possession of a firearm, and wire fraud before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison, and a fine of $1,000,000. 

Assistant U.S. Attorneys David J. Rudroff and Nicholas T. Cooper, who are handling the case, stated that on April 23, 2020, investigators executed a search warrant at Bella’s residence and recovered drug paraphernalia and quantities of cocaine, MDMA, and marijuana. Investigators also recovered a 12-gauge shotgun and ammunition. At that time, Bella was an unlawful user of controlled substances, including marijuana and cocaine.

In addition, Bella defrauded a Salt Lake City, Utah, corporation (Victim) that developed and manufactured COVID-19 test kits, by falsely representing that his company, Medcor Staffing, Inc., was laboratory certified to perform high-complexity molecular testing, that Medcor was an “end-user” of the tests, and that Medcor would not attempt to resell them. As a result, the Victim sold Bella 5,000 COVID-19 tests that he could not safely and accurately process, could not provide end-user support for, and, in fact, intended to re-sell at a substantial mark-up.

In March 2020, Bella advertised on his personal Facebook account that he was selling “FDA approved COVID-19 Test Kits.” In April 2020, Bella communicated with an undercover federal agent by telephone, text message, and email, falsely telling the agent that he had 50,000 COVID-19 tests for sale; that the COVID-19 tests were being stored in a warehouse in San Diego, California at -20 degrees Celsius; that Medcor was an “exclusive licensed reseller” of the tests; and that Medcor employed doctors and scientists to answer customers' questions. Bella attempted to sell the tests to the agent for $30 per test, or more, after fraudulently obtaining the tests for only $8 apiece.

Bella also fraudulently obtained a loan from the Small Business Association under the Economic Injury Disaster Loan (EIDL) Program, which is designed to provide low-interest loans to qualifying small businesses to help them meet financial obligations and operating expenses in the event of a disaster. At Bella’s direction, a subordinate submitted a falsified application for a loan under the EIDL Program for another business Bella owns called BuyMyCard, a purchaser and re-seller of gift cards. The application grossly inflated BuyMyCard’s annual revenue, grossly underreported BuyMyCard’s annual expenses, and falsely stated that Bella was not subject to formal criminal charges at the time of the application. As a result of the falsified application, the SBA approved and funded a $149,900 loan to BuyMyCard under the EIDL Program.

The plea is the result of an investigation by the Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; U.S. Customs and Border Protection, Air and Marine Operations, under the direction of Brian Manaher; U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey T. Wilson; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward of the Boston Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.

Sentencing is scheduled for October 7, 2022, before Judge Arcara. 

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that David Rubel, 40, of Tonawanda, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years in prison and a $250,000 fine.

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

The plea is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia. 

Sentencing is scheduled for November 1, 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 Allen DeCola, 65, of Perry, Ohio, with shipping and transporting firearms with intent to commit an offense. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between April and May 17, 2018, DeCola, a former federal firearms licensee, illegally shipped and transported firearms from the State of Ohio to the State of New York.

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

The indictment 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 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, NY – U.S. Attorney Trini E. Ross has been selected as the Chairperson for the Attorney General’s Advisory Committee (AGAC) sub-committee on Law Enforcement Coordination, Victim Assistance and Community Relations. In this role, Ms. Ross will lead the sub-committee that will advise the Attorney General on matters involving law enforcement, victim assistance, and community relations. 

On March 30, 2022, Attorney General Merrick B. Garland announced the appointment of Ms. Ross as one of the 12 members to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Created in 1973, the AGAC advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Department policies.

“It is an honor to be asked to lead this sub-committee, which will focus on aspects of our job that are vital to the work we do,” stated U.S. Attorney Ross. “The importance of fostering positive relationships with members of law enforcement, and those living in the communities we are responsible for protecting, should not be understated. It is also important that we always remember the victims as we pursue justice to ensure their voices are heard. This sub-committee allows us to be a conduit to build trust between law enforcement and the community, and to work to protect those who have been victimized. I look forward to working with my colleagues so we can advise the Attorney General on these very important relationships.”  

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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 Vanessa Rondeau, 27, of Montreal, Quebec, who was convicted of trafficking in protected wildlife, was sentenced to time served and one year supervise release by U.S. District Judge Lawrence J. Vilardo. Rondeau was also ordered to pay restitution totaling $1,364 to the United States Fish and Wildlife Service and a $40,000 criminal fine. 

Assistant U.S. Attorney Aaron J. Mango, who handling the case, stated that on January 13, 2020, during online communications with an undercover U.S. Fish and Wildlife Service (FWS) Special Agent, Rondeau agreed to sell a polar bear skull to the agent for $780 USD. On January 24, 2020, Rondeau entered the U.S. at the Champlain, NY port of entry with the polar bear skull in violation of the Endangered Species Act and proceeded to a third-party shipping business to send the polar bear skull to the agent in Amherst, NY. The agent received the package on February 2, 2020. On January 26, 2021, Rondeau again communicated with the agent and agreed to sell another polar bear skull for $584.11 USD. On February 11, 2021, the agent received a Canada Post package from Rondeau which was labeled as “1 Cadre,” which is the French word for “frame.”

Rondeau also illegally trafficked in other protected wildlife by shipping and/or bringing wildlife from Canada to the United States without being declared to the FWS. The total value of the wildlife illegally trafficked by Rondeau was approximately $37,204.

The sentencing is the result of an investigation by the United States Fish and Wildlife Service, under the direction of Ryan Noel, Special Agent-in-Charge of the USFWS-Office of Law Enforcement North-Atlantic Appalachian Region. Additional assistance was provided by Environment and Climate Change Canada, and the Vermont Offices of Homeland Security Investigations and Customs and Border Protection.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Paul D. James, Jr., 31, of Rochester, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, being a felon in possession of a firearm, and carry and discharge of a firearm during and in relation to 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 according to the complaint, on April 29, 2022, Rochester Police officers responded to the area of 212 Saratoga Street for a report of four gunshots being fired in the area. While driving to the area, an officer observed a male that he knew from previous contacts as James, who was found to be in possession of a revolver that contained a live round of ammunition and four spent or empty casings in the cylinder. James also possessed 34 small bags of suspected cocaine. James was convicted in February 2015, in Monroe County Court of Criminal Possession of a Weapon in the Second Degree and Assault in the Second degree and is legally prohibited from possessing a firearm.

James made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being detained.  

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 Interim 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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Angstenberger, 46, of North Tonawanda, NY, was arrested and charged by criminal complaint with possession and receipt of child pornography. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, in March 2022, the FBI received a tip from the National Center for Missing and Exploited Children stating that in late November 2021, a Snapchat user, later identified as Angstenberger, shared or sent two videos containing child pornography. On April 7, 2022, the FBI executed a search warrant at Angstenberger’s residence and seized a Samsung smart phone and Samsung tablet. A review of the phone and tablet recovered approximately 189 images and 13 videos containing child pornography.

Angstenberger made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman and was released on conditions, including home detention with location monitoring.

The 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 National Center for Missing and Exploited Children.

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

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Bradley D. Knapp, 43, of Jamestown, NY, with narcotics conspiracy, using and maintaining a drug-involved premises, and distribution of controlled substances causing serious bodily injury. The charges carry a mandatory minimum penalty of 20 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 January 2019, and June 2022, Knapp conspired with others to sell heroin, methamphetamine, and fentanyl. On August 13, 2020, Knapp sold a controlled substance that caused serious bodily injury to an individual identified as M.H. During the conspiracy, Knapp used a 9th Street residence for his drug trafficking activities.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and is detained.

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 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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Travis Sanders, 36, of Jamestown, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 96 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that in November 2017, Sanders possessed a laptop that contained 151 images of child pornography, including one image that depicted the sexual abuse or exploitation of an infant or toddler. During a search of the laptop and Sanders’ iPhone, investigators also discovered sexually explicit online contact between Sanders and various victims, who were or appeared to be minors. Sanders admitted that he sometimes told victims that he was a 15-year-old boy.  On November 29, 2017, after Homeland Security Investigations informed Sanders that he was under investigation for sending child pornography via Skype, and after requesting to see Sander’s phone, Sanders deleted the Skype application from his iPhone.

The sentencing is the result of an investigation by 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  

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Eddie Wilson, 24, of Rochester, NY, pleaded guilty to possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime before U.S. District Judge David G. Larimer. The charges carry a minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that during the summer of 2021, Homeland Security Investigations and the Greater Rochester Area Narcotics Enforcement Team began investigating Wilson’s drug trafficking activities after learning that he sold fentanyl to an individual, who then overdosed on the drugs. In October 2021 investigators executed a search warrant at Wilson’s Wolfert Terrace residence in Rochester, which resulted in the seizure of fentanyl and cocaine packaged for street sale, a loaded firearm, drug packaging paraphernalia and U.S. currency.

The plea is the culmination of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, the Greater Rochester Area Narcotics Enforcement Team, the Rochester Police Department, under the direction of Interim Chief David Smith, the Brighton Police Department, under the direction of Chief David Catholdi and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.  

Sentencing is scheduled for September 12, 2022, at 2:00 p.m. before Judge Larimer.

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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 Mark Rogers, 39, and Joseph Way a/k/a Gus, 36, both of Rochester, NY, who were convicted of kidnapping a federal employee, were sentenced by U.S. District Judge Frank P. Geraci, Jr. Rogers was sentenced serve 210 months in prison and Way was sentenced to serve 168 months in prison. A third defendant, Tashara Levans, who was also convicted of kidnapping a federal employee, is scheduled to be sentenced July 8.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that on November 16, 2019, in the area of Second Street and Central Park in Rochester, the defendants kidnapped a U.S. Postal Service mail carrier while she was delivering mail. Rogers and Way confronted the mail carrier about a package she delivered to them. The package did not contain cocaine, which Rogers and Way were expecting, and the two men accused the mail carrier of taking the narcotics. Rogers and Way directed the mail carrier to a vehicle driven by Rogers’ girlfriend Tashara Levans. Over the next two hours, Levans drove Rogers and Way as they threatened to shoot and kill the mail carrier and her children if she did not provide either the cocaine, they believed she had stolen, or $70,000, which was the street value of the cocaine. Eventually, the mail carrier was released unharmed. 

Today’s sentencings are the result of an investigation by U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward, Boston Division, and the Rochester Police Department, under the direction of Interim Chief David Smith.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Richard W. Scherer, 71, of Depew, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on June 28, 2021, Scherer, a teacher for approximately 25 years in the Montgomery County (Maryland) Public Schools, arrived at a local grocery store to meet what he believed was a 13-year-old female. Scherer had been communicating online with the supposed 13-year-old girl for approximately two months, during which they discussed different sexual acts. When Scherer arrived, he was confronted by a concerned citizen who had been posing online as the 13-year-old female. Law enforcement officers were notified of the incident and Scherer was arrested. A search of Scherer’s cellular telephone resulted in the seizure of an image of child pornography.  

The criminal plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Stephen Belongia, Special Agent-in-Charge, the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.

Sentencing is scheduled for September 15, 2022, 1:30 p.m. before Judge Sinatra.

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that following a four-week trial, a federal jury has convicted Earnest Baker, 36, of Rochester, NY, of conspiracy to possess with intent to distribute and distributing cocaine and 40 grams or more of fentanyl and distributing cocaine and fentanyl. 

Assistant U.S. Attorneys Everardo Rodriguez and Matthew T. McGrath, who handled the prosecution of the case, stated that the investigation into the conspiracy began in 2018, while Baker was in federal prison, serving his sentence on a prior drug conviction. Baker was released in August 2019 on federal supervised release and New York State parole, and quickly returned to drug dealing activities. During the course of the investigation, Drug Enforcement Administration Special Agents made two controlled purchases of narcotics from Baker and used various investigative techniques to surveil Baker’s drug dealing activities and his interactions with other drug dealers with whom he conspired.

Baker was arrested on April 30, 2020, along with 17 other defendants. That same day, search warrants were executed at 24 residences in Rochester, West Henrietta, Penfield, Greece, Irondequoit, and Syracuse, and on 12 cars associated with defendants. During the execution of those search warrants, investigators seized eight firearms; approximately 3.5 kilograms of fentanyl; approximately two kilograms of cocaine and crack cocaine, and $928,400 in cash and over $500,000 worth of jewelry.

The trial of the remaining co-defendants is scheduled for January 2023.

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

Baker is scheduled to be sentenced on September 14, 2022, by Chief U.S. District Judge Elizabeth A. Wolford, who presided over the trial. 

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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 Jamar Mills, 27, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession of a firearm in furtherance of a drug trafficking crime. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on July 7, 2021, at approximately 10:00 p.m., law enforcement officers encountered Mills in Salamanca, NY, and executed a search warrant of his vehicle and residence. Located in a bag Mills wore around his shoulder, officers found and seized a loaded .22 caliber semi-automatic pistol, a digital scale, and a flip phone. After being transported to the police station, officers located a quantity of cocaine, which Mills attempted to swallow.

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 Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Olean Police Department, under the direction of Chief Ron Richardson, the Southern Tier Regional Drug Task Force, under the direction of under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.

Sentencing is scheduled for July 27, 2022, before Judge Skretny.

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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 Girard Jackson, 28, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of a firearm in furtherance of a drug trafficking crime. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that in the early morning hours of June 19, 2021, law enforcement officers encountered Jackson on the 500 block of West State Street in Olean, NY, at which time they executed a search warrant of Jackson for firearms, narcotics, and U.S. currency. Located in a bag Jackson wore around his waist, officers found and seized a loaded Glock 9mm semi-automatic pistol. Wrapped around Jackson’s ankle, officers found quantities of methamphetamine and cocaine.

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 Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Olean Police Department, under the direction of Chief Ron Richardson, the Southern Tier Regional Drug Task Force, under the direction of under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.

Sentencing is scheduled for September 27, 2022, before Judge Vilardo.

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Today, Payton Gendron, 18, of Conklin, New York, was charged by criminal complaint with hate crimes resulting in death and hate crimes involving bodily injury and attempt to kill, use of a firearm to commit murder during and in relation to a crime of violence, and use and discharge of a firearm during and in relation to a crime of violence. The announcement was made by Attorney General Merrick B. Garland, Associate Attorney General Vanita Gupta, Assistant Attorney General Kristen Clarke for the Civil Rights Division, U.S. Attorney Trini E. Ross for the Western District of New York, and FBI Deputy Director Paul Abbate.

The complaint alleges that on May 14, at approximately 2:30 p.m., Gendron, a white male, committed a mass shooting targeting Black people at Tops Friendly Market in Buffalo, New York. The mass shooting, which Gendron live-streamed on the Internet, resulted in the deaths of 10 Black people and injuries to one Black person and two Caucasian people. The complaint further alleges that Gendron’s motive for the mass shooting was to prevent Black people from replacing white people and eliminating the white race, and to inspire others to commit similar attacks.

At the time of the attack, Gendron was wearing a tactical-style helmet, camouflage clothing, body armor, and a GoPro video camera, and carrying a loaded Bushmaster XM-15 .223 caliber rifle and multiple loaded magazines. After parking and exiting his vehicle, Gendron shot and killed three Black people in the Tops’ parking lot and injured a fourth Black person. Gendron then fired several shots through the front window of the store before entering, where he immediately shot and killed two more Black people. At that time, Gendron and an armed Black security guard exchanged gunfire. Gendron aimed at, shot, and killed the security guard. After Gendron killed the security guard, he turned and aimed his rifle at a white male Tops employee who, at some point during the attack, had been shot in the leg and injured. Rather than shooting him, Gendron said, “sorry,” to the employee. At some point during the attack, one of the shots also struck and injured a white female Tops employee in the pharmacy area of the store, which is located near the checkout lanes. Gendron then walked through a checkout lane, and shot and killed a Black person, before moving through the aisles of the store and shooting and killing three additional Black people. Gendron ultimately returned to the front of the store where members of the Buffalo Police Department took him into custody.

When he was taken into custody, officers recovered the rifle used by Gendron in the attack. The rifle had various writings on it, including racial slurs, the statement “Here’s your reparations!,” and the phrase “The Great Replacement.” Investigators have determined that Gendron fired approximately 60 shots during the attack. Two other firearms, a loaded 12-gauge shotgun and a loaded bolt-action rifle, as well as three loaded rifle magazines, were recovered from Gendron’s vehicle after the attack.

Subsequent investigation determined that in the months preceding the attack, Gendron wrote a self-described manifesto containing a detailed plan to shoot and kill Black people at Tops using a Bushmaster XM-15 rifle, a diagram of the interior layout of the store, a discussion of the clothing and equipment that he would use during the attack, and statements that his motivation for the attack was to prevent Black people from replacing white people and eliminating the white race, and to inspire others to commit similar racially-motivated attacks. Gendron also wrote that he selected the zip code 14208 because it has the highest percentage of Black people close enough to where he lives and that he selected the Tops store because it is where a large number of Black people can be found. The investigation also determined that Gendron traveled to Tops to scout the location on several occasions prior to the attack, including on May 14, 2022, only two and a half hours before the attack.

Upon conviction, the charges in the complaint carry a maximum penalty of life imprisonment or the death penalty. Gendron is currently in state custody pending state criminal charges. 

The criminal complaint is the result of an investigation by the Buffalo and Albany Offices of the FBI, the Buffalo Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 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.  

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.  

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.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Matthew Shulman, 36, of Rochester, NY, was arrested and charged by criminal complaint with attempted production of child pornography, receipt and distribution of child pornography, and possession of child pornography following a previous conviction for possessing child pornography. The charges carry a minimum penalty of 25 years in prison, a maximum of 50 years, lifetime supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, between May 2021, and June 2022, Shulman engaged in sexually explicit online communications with an undercover New York State Police Investigator that he believed was an 11-year-old girl. During these conversations, Shulman asked the girl to produce and send images to him and he attempted to persuade the girl to meet him for sex. On June 7, 2022, the NYSP and Homeland Security Investigations executed a search warrant at Shulman’s residence at which time Shulman was taken into custody. Shulman was previously convicted of possessing child pornography in Monroe County Court in June 2016 and is a registered sex offender. 

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held without bail.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.

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

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael Woloschuk, 42, of Hamlin, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography, after having previously been convicted of a child pornography offense. The charges carry a minimum penalty of 10 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in October 2020, the National Center for Missing and Exploited Children (NCMEC) received a cybertip from a social media platform that an individual distributed child pornography over the platform. NCMEC forwarded the information to the New York State Police, who identified the individual as Woloschuk, a registered sex offender. On October 26, 2021, during the execution of a search warrant at Woloschuk’s residence, investigators seized several digital devices, to include a thumb drive and laptop.  A forensic analysis recovered several videos and images of child pornography, to include material that depicted violence against prepubescent children. Some of the child pornography was located on the thumb drive, which also contained Woloschuk’s sex offender registration information. Woloschuk was previously convicted on New York State child pornography charges in 2005 and sentenced to serve 3 to 9 years in prison.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.   

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

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Danielle Tooley, 37, of Batavia, NY, pleaded guilty to wire fraud before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling 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. Tooley admitted at the time that she had crack cocaine in the center console of the 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. 
 
The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; 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 Barry Chase. 

Sentencing is scheduled for August 17, 2022, at 3:30 p.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Andrew Medina, 31, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to with conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, and being a felon in possession of a firearm and ammunition. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison, and a $10,000,000 fine.
 
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on August 31, 2020, law enforcement officers intercepted a package from California, which contained approximately 837 grams of pure methamphetamine. On September 4, 2020, Drug Enforcement Administration agents conducted a controlled delivery of the parcel, which had been replaced with sham and a transmitter installed, at Medina’s residence on South Avenue in Niagara Falls. Approximately an hour later, the transmitter alerted agents that the parcel had been opened. As agents approached the home, they observed Medina standing on the second-floor balcony throwing the sham and parcel into an adjacent yard. Medina was then taken into custody. During the execution of a search warrant at the residence, agents recovered the parcel, the sham placed inside the package, approximately $15,200 in U.S. currency, approximately 74 grams of marijuana, a digital scale, and a black iPhone. In addition, a .40 caliber semi-automatic handgun and a .40 caliber magazine loaded with five rounds. Medina was previously convicted three times in 2011 and 2012, on drug charges in California and is legally prohibited from possessing firearms and ammunition.

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

Sentencing is scheduled for October 13, 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 a federal grand jury has returned an indictment charging Joseph S. Zaso a/k/a Joey Cracks, 38, of Buffalo, NY, and Denver J. Komenda, 47, of Jamestown, NY, with narcotics conspiracy. In addition, Zaso is charged with using and maintaining a drug-involved premises and distribution of fentanyl and faces a mandatory minimum penalty of 15 years in prison and a maximum of life. Komenda is also charged with possession with intent to distribute fentanyl and faces 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 according to the indictment, between September 2018, and May 2022, Zaso and Komenda conspired to possess and sell heroin and fentanyl. Zaso is also accused of using a residence on Locust Street in Jamestown to conduct drug trafficking activities, including the distribution of large quantities of heroin and fentanyl. Zaso was previously convicted of possession with intent to distribute controlled substances in federal court in the Eastern District of Michigan and sentenced to serve 60 months in prison. Zaso was on federal supervised release, which was transferred from Michigan to the Western District of New York, until July 2021.

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

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

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 Lamar Thompkins, 35, of Elmira, NY, who was convicted of possession with intent to distribute 500 grams or more of methamphetamine, was sentenced to serve 121 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that Thompkins arranged for over four kilograms of methamphetamine to be shipped from California to a private residence in Elmira, the owner of which had recently died. A video camera at the residence captured Thompkins affixing a fake name to the mailbox. Members of the Elmira Police Department and New York State Police were alerted to the incoming drug parcel and were conducting surveillance on the residence when they observed Thompkins and another individual retrieve the package and attempt to drive away from the location in a vehicle. Law enforcement officers pulled the vehicle over and obtained a search warrant. Approximately 4.5 kilograms of methamphetamine was recovered from the drug parcel. 
       
The sentencing is the result of an investigation by the Elmira Police Department, under the direction of Chief Anthony Alvernaz, the New York State Police, under the direction of Major Barry Chase, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division. 
 
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CONTACT: Barbara Burns   
PHONE:       (716) 843-5817 
FAX #:          (716) 551-3051  

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that James A. Sakr, M.D., has agreed to pay $602,661.61 to resolve allegations, arising under the False Claims Act, that he fraudulently billed Medicare and Medicaid for procedures that were not medically necessary or that he did not perform.

Assistant U.S. Attorney David M. Coriell, who handled the case, stated that from at least January 1, 2014, to December 31, 2019, Dr. Sakr, an ear, nose, and throat (ENT) doctor based in Dansville, NY, billed Medicare and Medicaid for procedures not performed at all or were not documented in patient medical records.

“This health care provider billed for services and procedures that he did not perform and for which he was paid with the public’s money,” stated U.S. Attorney Ross. “The resolution of this case holds Dr. Sakr accountable for his actions and requires him to return the money he should not have received from Medicare and Medicaid. Our office will continue to root out fraud in federal healthcare programs and hold those who defraud the public accountable.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Lee M. Mandel, M.D., FACS. 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. Mandel v. Sakr, 17-cv-907 (W.D.N.Y.). Dr. Mandel 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  

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Martin Hogan, 53, of Montreal Canada, who was convicted of conspiracy to commit wire and mail fraud, was sentenced to serve 111 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that between September 2015 and March 2020, Hogan conspired with multiple co-defendants to defraud elderly victims using a fraudulent telemarketing scheme. Hogan placed telephone calls from Canada to victims in the United States, telling them that they had won the Canadian lottery. However, victims were told that they had to first pay the taxes, brokerage fee, and/or custom fees due in connection with the winnings. Some victims were instructed to mail cash to addresses in New York owned by co-conspirators. The cash was then smuggled over the border into Canada and given to Hogan. In total, elderly victims were defrauded out of more than $2,600,000.

Martin Hogan was on vacation in Jamaica where he was apprehended at the request of the United States and later extradited in January 2021. The money he used to pay for his vacation was money obtained from the scheme.

The sentencing is the result of an investigation by Homeland Security Investigations, Border Enforcement Security Task Force, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, and the U.S. Customs and Border Protection, Air and Marine Operations, under the direction of Brian Manaher, Director, Marine Operations. The Justice Department’s Office of International Affairs provided substantial assistance in securing the extradition of defendant Martin Hogan from Jamaica.

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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 Jawayne Watkins, 33, aka Weezy, of Buffalo, NY, who was convicted by a federal jury of distributing heroin and 4-fluoroisobutyryl fentanyl resulting in the death an individual, as well as conspiracy and other distribution charges, was sentenced to serve 360 months by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Michael J. Adler and Meghan E. Leydecker, who handled the prosecution of the case, stated that Watkins sold heroin and 4-fluoroisobutyryl fentanyl, a rare and extremely dangerous fentanyl analogue. On at least two occasions, in July 2017, and on November 9, 2017, Homeland Security Investigations made controlled purchases from Watkins. The substances purchased from Watkins later tested positive for heroin and 4-fluoroisobutyryl fentanyl. On November 10, 2017, an individual identified as A.C. died after taking a substance received from Watkins. Toxicology reports following the victim’s death indicated she had heroin and 4-fluoroisobutyryl fentanyl in her system. During the investigation, law enforcement officers also made other seizures of the deadly substance from Watkins. 
Watkins was on New York State parole and living in a halfway house at the time of his arrest in November 2017.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia and Homeland Security Investigations, under the direction of 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 a 23-count indictment charging Jennifer Campbell, 47, of Niagara Falls, NY, with wire fraud and aggravated identity theft. The charges carry a minimum penalty of two years in prison, a maximum penalty of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the indictment, Campbell was employed as the Office Manager and Chief Compliance Officer at an investment advisory firm based in Buffalo, NY, with access to client accounts. Between November 2018, and May 2021, Campbell used this access to steal over $500,000 from several clients and from the firm itself. Campbell wrote checks from client accounts, forging signatures of either the client or a principal at the firm, and then deposited the checks into her own personal account. Campbell also took steps to conceal the thefts. For instance, she sent a victim a falsified account statement showing a balance of approximately $148,000, when in fact the account had a balance of only $93. In another instance, Campbell took funds from a client and transferred the funds to the bank account of one of a previous victim, who believed that the funds she received were a distribution from her account.

In addition, Campbell diverted emails received by firm principals from anti-money laundering and financial crimes personnel at the firm’s broker-dealer, who had begun to raise questions about some of the transactions that Campbell had engaged in. To put off these inquiries, Campbell sent several emails using the email account of a firm principal making false statements and submitted fake documentation in an effort to make the transactions appear legitimate.

The defendant was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was 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 Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge.

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 Deshan Scott, 22, of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to possession of a firearm in furtherance of a drug trafficking crime, which carries a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between September and October 26, 2021, Scott conspired with others to sell cocaine. In the early morning of October 26, 2021, investigators executed search warrants at numerous locations associated with the narcotics conspiracy, including a residence on Bernard Street. At that location, Scott worked as a lookout for the organization, watching for threats to their operation such as law enforcement or armed robbers, while other co-conspirators sold street-level quantities of cocaine to customers. When Scott saw law enforcement approaching, he threw a loaded 9mm handgun out of a window, which was found on a roof ledge outside a window. During the search of the residence, law enforcement also recovered 200 plastic vials of cocaine and $2,310 United States currency.

Scott was arrested and charged along with eight other defendants. He is the fifth defendant to be convicted.

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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division; Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; Immigration and Customs Enforcement, under the direction of Acting Field Office Director Thomas Brophy; the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, the New York State Police, under the direction of Major Barry Chase; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Ontario County Sheriff’s Office, under the direction of Sheriff Philip Povero; the Rochester Police Department, under the direction of Interim Police Chief David M. Smith; the Greece Police Department, under the direction of Chief Michael Wood; the Brighton Police Department, under the direction of Chief David Catholdi; and the Greater Rochester Area Narcotics Enforcement Team.

Sentencing is scheduled for September 1, 2022, before Judge Geraci.   

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CONTACT: Barbara Burns

PHONE:       (716) 843-5817

FAX #:          (716) 551-3051            

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Robert Colon, 30, of Rochester, N.Y., was arrested and charged by criminal complaint with possession with intent to distribute and distribution of cocaine and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between January 18 and March 9, 2022, Colon sold cocaine and fentanyl to an undercover officer on five separate occasions.    

Colon made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held without bail.

The criminal complaint is the result of an investigation by the Monroe County Sherriff’s Office, under the direction of Sheriff Todd Baxter, the Rochester Police Department, under the direction of Interim Chief David Smith, the Greater Rochester Area Narcotics Enforcement Team (GRANET), 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 Chad Owens, 30, of Rochester, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. 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 May 13, 2022, a search warrant was executed at Owens’s Barberry Terrace residence in Rochester. During the search, investigators recovered $23,280 in cash, 75 individually wrapped bags of cocaine, another 52 grams of cocaine, and drug paraphernalia. A loaded .45 caliber handgun and a .40 caliber handgun with a defaced serial number, both of which had been reported stolen, and ammunition were also recovered. Owens was previously convicted on in Monroe County Court of Attempted Criminal Possession of a Firearm in the Second Degree and is legally prohibited from possessing firearms.

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held without bail.

The criminal complaint is the result of an investigation by the Rochester Police Department, under the direction of Interim Chief David Smith 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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Mesko, 52, of Cheektowaga, NY, who was convicted of enticement of a minor, was sentenced to serve 30 years in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that between October 8, 2020, and January 9, 2021, Mesko engaged in a sexual relationship with a 17-year-old minor female (Victim 1), who was mentally disabled. Mesko communicated with Victim 1 via text message and mobile chat applications. On February 16, 2021, Mesko fled with Victim 1 to the State of Pennsylvania, causing an Amber Alert to be issued for Victim 1. After Mesko’s vehicle was spotted by a Pennsylvania State Police Trooper, Mesko fled at a high rate of speed and had to be forcibly stopped and taken into custody.

The sentencing is the result of an investigation by the North Tonawanda Police Department, under the direction of Chief Keith Glass; the Cheektowaga Police Department, under the direction of Chief Brian Gould; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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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 Stephen Reed Pattison, 33, of Hilton, NY, who was convicted of possession of firearms and ammunition by a convicted felon, was sentenced to serve 96 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that in December 2016, Pattison was convicted of Domestic Assault in the Second Degree in Boone County, Missouri, and was legally prohibited from possessing firearms and ammunition. On October 30, 2020, Pattison was taken into custody on a parole absconder warrant from Missouri. In November 2020, law enforcement officers conducted a search of the Church Road residence that Pattison shared with his girlfriend and recovered two firearms, 25 rounds of ammunition, a black tactical vest with an expandable baton and knife, various items of white supremacist and Nazi paraphernalia.

As part of his guilty plea, Pattison admitted that he attempted to obstruct justice by telling his girlfriend to lie to the police and testify falsely that the firearms recovered did not belong to him. Pattison also attempted to obtain false affidavits from the individuals who gave him the firearms and ammunition. Pattison wanted the individuals to state that they gave the firearms to his girlfriend after he was taken into custody. 

As detailed in a complaint against Pattison, he is a supporter of white supremacist ideology who frequently expressed racial animus and disdain for activist and political groups, such as Black Lives Matter and Antifa, and aggressively and sometimes violently expressed his disagreement with local protests in Rochester over the deaths of George Floyd and Daniel Prude.

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

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The Justice Department tonight released the following statement from Attorney General Merrick B. Garland:

“Tonight, the country mourns the victims of a senseless, horrific shooting in Buffalo, New York. The FBI and ATF are working closely with the Buffalo Police Department and federal, state, and local law enforcement partners.  

“The Justice Department is investigating this matter as a hate crime and an act of racially-motivated violent extremism. The Justice Department is committed to conducting a thorough and expeditious investigation into this shooting and to seeking justice for these innocent victims.”

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 a 13-count indictment charging nine defendants with narcotics conspiracy. Named in the indictment are:

• Lairon Graham a/k/a Shah a/k/a Uncle Shah a/k/a Unc – 64, Buffalo, NY
• Kimberly Udrea – 34, Buffalo, NY
• Thomas Degree a/k/a Tommy – 57, Fairborn, GA
• Joseph Ward – 58, Buffalo, NY
• Jordan Davis a/k/a Little Corn a/k/a Baby Corn – 26, Tonawanda, NY
• Johnny Williams a/k/a Double R – 29, Buffalo, NY
• Jamie Washington – 29, Buffalo, NY
• Patrick Schrecengost a/k/a Country – 41, Buffalo, NY
• Anthony Graham a/k/a Uncle Tony – 69, Buffalo, NY

In addition, defendants Lairon Graham, Kimberly Udrea, Jordan Davis, Johnny Williams, Jamie Washington, Patrick Schrecengost, and Anthony Graham are charged with conspiracy to commit sex trafficking by force or coercion. Lairon Graham is also charged with interstate transportation for purposes of prostitution, enticing travel to engage in prostitution, and possessing and brandishing a firearm during and in relation to a drug trafficking crime.

Narcotics conspiracy carries a mandatory minimum penalty of 15 years and a maximum of life for defendant Lairon Graham, and a mandatory minimum penalty of 10 years in prison and a maximum sentence of life imprisonment for the remaining defendants.  Sex trafficking carries a mandatory minimum penalty of 15 years in prison and a maximum of life.

Assistant U.S. Attorneys Nicholas T. Cooper and Aaron J. Mango, who are handling the case, stated that according to the superseding indictment, between June 2020, and October 2021, the defendants conspired to sell fentanyl, heroin, and cocaine, using residences at 60 Liddell and 454 Davey Streets in Buffalo to manufacture, distribute, and use these illegal narcotics. During this same time period, the defendants are accused of conspiring to entice a victim to engage in commercial sex acts using force and threats of force. Defendant Lairon Graham also allegedly forced two other victims to engage in sex trafficking, including taking one of the victims to Pennsylvania to engage in commercial sex acts.
 
The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Buffalo Police Department, under the direction of Chief Joseph Gramaglia; the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia; the Lancaster Police Department, under the direction of Chief William Karn, Jr.; and the Lackawanna Police Department, under the direction of Chief Mark Packard.

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 Carlos Javier Figueroa a/k/a Javi, a/k/a Big Bro, 44, of Rochester, NY, who was convicted following a federal jury trial of narcotics conspiracy, possession and discharge of firearms in furtherance of a drug trafficking crime, and murder while engaged in narcotics conspiracy, was sentenced to serve life in prison plus 25 years by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Robert A. Marangola, Cassie M. Kocher, and Katelyn M. Hartford, who handled the prosecution of the case, stated that Figueroa was the leader of a Rochester-based drug trafficking organization that was involved in the transportation and sale of cocaine in the City of Rochester and responsible for acts of violence in furtherance of the organization’s drug trade. These acts of violence included the September 12, 2016, shooting death of Walter Ross at the corner of Burbank Street and North Clinton Avenue. Figueroa provided the 9mm handgun that co-defendant Jonathan Cruz-Carmona used to murder Walter Ross. The gun was also used by co-defendant Obed Torres Garcia to shoot at police officers on Burbank Street when they attempted to raid Figueroa’s residence on January 29, 2018. 

Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics. Figueroa coordinated shipments of cocaine from Puerto Rico, which were sent to locations in Rochester via the United States Postal Service (USPS). Once the packages arrived in Rochester, the cocaine was broken down and packaged for sale. On January 29, 2018, during the execution of state search warrants, investigators seized more than $700,000 in cash, six assault rifles, three loaded handguns, over four kilograms of cocaine, and a quantity of suspected heroin and fentanyl.   

A total of 12 defendants were charged and convicted in this case.

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

The sentencing is the result of an investigation by the 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 Interim Chief David Smith; the Greater Rochester Area Narcotics Enforcement Team (GRANET), under the direction of Lieutenant Robert Hill; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greece Police Department, under the direction of Chief Michael Wood; and U.S. Border Patrol, under the direction of Chief Patrol Agent Thomas G. Martin.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Moralles Mendez, 44, of Buffalo, NY, who was convicted of possession with intent to distribute 100 grams or more of heroin, was sentenced to serve 90 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Meghan E. Leydecker and Charles E. Watkins, Jr., who are handling the case, stated that in August and September 2019, investigators conducted two controlled purchases of heroin and fentanyl from Mendez. On September 25, 2019, another controlled purchase was arranged and when Mendez arrived at the pre-determined location, he was arrested with a quantity of heroin and fentanyl on the front passenger seat of his vehicle. Law enforcement also executed a search warrant at Mendez’s residence and recovered five cellphones and two digital scales.

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

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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 Brandie S. Williams, 41, of Dallas, Texas, and Brittany L. Herbert, 35, of Brandywine, Maryland, were arrested and charged by criminal complaint with one count of conspiracy to commit bank fraud and one count of bank fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, and Cory E. Jacobs and Jennifer L. Bilinkas of the Criminal Division’s Fraud, who are handling the case, stated according to the complaint, between May 2020 and June 2021, Williams and Herbert conspired with Adam Arena and Amanda Gloria, and others, to fraudulently obtain and misuse multiple COVID-19 Paycheck Protection Program (PPP) emergency relief loans, including:

• Williams, Herbert, and Gloria worked together to fraudulently obtain a $290,000 loan for William’s business, Beyond the Next Level, Inc. After receiving the PPP loan, Williams did not use the funds for legitimate business-related purposes. For instance, she transferred $10,000 into bank accounts of Amanda Gloria’s daughters, $11,953.10 to a business account controlled by Amanda Gloria, and $21,953.10 to an account controlled by co-defendant Herbert.

• Williams, Herbert, and Gloria and Arena worked together to fraudulently obtain a loan for approximately $954,000 for Arena's business, ADA Auto Group. After the PPP loan proceeds were transferred into an account controlled by Arena, he conducted a series of financial transactions, including for his own personal benefit, for Gloria's benefit, and for the benefit of others.

• Williams, Herbert, and Gloria worked together to fraudulently obtain at least 42 additional loans for at least 31 entities owned by other individuals, requesting a total of approximately $10,200,000. This resulted in Herbert and Gloria personally receiving at least approximately $383,000. The defendants submitted false and fraudulent documents to support the loan applications, including falsified payroll expenses, fraudulent bank records, and fabricated federal tax filings.

Adam Arena and Amanda Gloria were previously convicted and are awaiting sentencing.

The Coronavirus Aid, Relief, and Economic Security (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. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.

The Fraud Section leads the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act. In the months since the CARES Act was passed, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $65 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real-estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/cares-act-fraud.

Anyone with general information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’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 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 Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso; the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Ketty Larco-Ward; and the Social Security Administration Office of Inspector General, under the direction of Special Agent-in-Charge Sharon B. MacDermott, 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 Ralph Minni, 52, and Grace Marie Lopez, 30, of Greece, NY, were arrested and charged in separate criminal complaints with conspiring and attempting to possess with intent to distribute marijuana and 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that according to the complaints, Minni is the manager of the Greece, NY Post Office, and Lopez works for the Post Office at the main Jefferson Road facility in Rochester. Minni and Lopez are accused of utilizing their positions to obtain quantities of marijuana and cocaine through the mail and then redistributing the narcotics in the Rochester area. 

During the investigation, law enforcement conducted numerous controlled purchases of narcotics from Lopez, who discussed how she obtained the narcotics from her then-boyfriend Minni and described how he used his position as a postal employee to avoid detection and to protect the narcotics. Throughout the investigation, Minni was observed removing mail packages from the post office work floor and taking them into his private office at the Greece Station, later emerging with one or more packages that often appeared to be repackaged. Minni would put the original package back into the mail stream and take a separate box with the contents from the parcel to his personal vehicle. On at least three occasions, video surveillance captured Minni taking cocaine from his desk or pocket and giving it to another employee to snort.
           
On May 2, 2022, investigators observed Minni remove a package from the work room floor and take it into his office. After removing the contents, Minni returned the original package to the mail stream, took the contents to his vehicle in a separate box, and left the post office shortly after, at which time he was taken into custody. During the execution of search warrants at Minni’s office, his residence, and his vehicle, investigators recovered approximately four pounds of marijuana, over $75,000 worth of narcotics, including THC, marijuana, and cocaine, 40 firearms, over 5,000 rounds of ammunition, and a bullet proof vest.  

The complaint is a result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the United States Postal Service, Office of Inspector General, Eastern Area Field Office, under the direction of Special Agent-in-Charge Matthew Modafferi; and the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Ketty Larco-Ward. Additional assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division, under the direction of Special Agent-in-Charge John B. Devito; the Greece Police Department, under the direction of Chief Michael Wood; and the New York State Police, under the direction of Major Barry Chase.

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 Kevin Hughes, 60, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to narcotics conspiracy. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that Hughes assisted co-defendant Jun Martinez in his drug trafficking operation, receiving drug packages via mail at his residence, frequently driving Martinez in and around Jamestown for drug trafficking activities, assisting with retrieving money from customers, vacuum sealing the money, and subsequently mailing the money to the source of supply. In September 2020, during a trip out of New York State to acquire narcotics from a source of supply, an Illinois State Police Trooper stopped Hughes and Martinez around Frankfort, Illinois. A search of their vehicle resulted in the seizure of approximately 9,589 grams of methamphetamine, 3,157 grams of fentanyl, 2,241 grams of cocaine, and marijuana products.
Jun Martinez was previously convicted and is awaiting sentencing.

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

The plea is the result of an investigation by the Jamestown Metro Drug Task Force, under the direction of Jamestown Police 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 1, 2022, at 2:00 p.m. before Judge Sinatra.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Masecchia, 57, of Williamsville, NY, who was convicted of possession with intent to distribute marijuana, and possession of firearms in furtherance of drug trafficking crimes, was sentenced to serve 84 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that since at least 1999 through his arrest on August 23, 2019, Masecchia was involved in the sale of marijuana in the Buffalo and its surrounding suburbs. Masecchia and others also participated in marijuana grow operations in Ellicottville and Franklinville, in Cattaraugus County, NY. The marijuana grown at those operations was harvested and distributed to resellers and users. In addition, the defendant possessed firearms to protect himself, his proceeds, and property where he stored marijuana and currency.

As part of his plea agreement, Masecchia admitted that he received sensitive law enforcement information from his co-defendant Joseph Bongiovanni, who worked as a Special Agent of the United States Drug Enforcement Administration in Buffalo. The information included the names of potential cooperators and whether or not Masecchia and others were under federal investigation, and such information helped Masecchia and others to continue selling marijuana undetected by other members of law enforcement.

On August 23, 2019, a search warrant was executed at the Masecchia’s Main Street residence and seized $27,950.00 in U.S. currency; Two rifles, five shotguns, and a pistol; ammunition; marijuana and suspected cocaine; steroids; hypodermic needles; THC edibles; cannabis syrup; drug paraphernalia; and four cell phones.

Charges remain pending against co-defendant Joseph Bongiovanni.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff's Office, under the direction of Sheriff John Garcia; the Niagara County Sheriff's Office, under the direction of Sheriff Michael Filicetti; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of 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 Renee Ferrentino, 48, and Kiara Hurd, 20, both of West Seneca, were arrested and charged by criminal complaint with possession with the intent to distribute, and to distribute, Oxycodone and conspiracy to distribute Oxycodone. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that in August 2021, the Drug Enforcement Administration the New York State Police began investigating the narcotic sales and trafficking of defendant Ferrentino who was distributing Oxycodone pills. On two separate dates in April 2022, investigators conducted controlled purchases of Oxycodone/Hydrochloride and Oxycodone/Acetaminophen pills from Ferrentino and Hurd at their Union Road residence. On April 28, 2022, investigators executed a search warrant the residence and seized numerous prescription bottles, which contained amounts of suspected controlled substances including:

•    amphetamine and dextroamphetamine; •    Oxymorphone Hydrochloride;  •    Oxycodone-Acetaminophen;  •    Buprenorphine Hydrochloride;  •    Tramadol Hydrochloride;  •    alprazolam;  •    lorazepam;  •    Zolpidem Tartrate

The prescription bottles were in multiple names, some of which did not include the defendants. A bag of cash and various drug paraphernalia were also recovered. 

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the New York State Police, under the direction of Major Eugene Staniszewski, and the West Seneca Police Department, under the direction of Chief Edward Baker.

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 Nathan Follett, 35, of Rochester, NY, was arrested and charged by criminal complaint with production, possession, receipt, and distribution of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in August 2021, the Monroe County Sheriff's Office received a report that Follett was in possession of sexual images of 17 and 14-year-old minors and that Follett also admitted to having sex with a minor without her consent. Subsequent investigation determined that Follett communicated on social media, including Snapchat, with multiple minor girls. Between 2016 and December 2021, Follett is suspected of coercing a total of 11 victims to send naked images to him. 

On December 16, 2021, a search warrant was executed at Follett’s residence and several digital devices were seized, including two cell phones and two computers. A bag of suspected cocaine was also seized. A forensic review of the electronic devices recovered approximately 106 images and 47 videos of child pornography.

Follett made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was detained.

The complaint is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the New York State Police, under the direction of Major Barry Chase.

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 Ernest Gamble, 20, of Rochester, NY, who was convicted of conspiracy to distribute five kilograms or more of cocaine and crack cocaine, was sentenced to serve 63 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that Gamble was a member of a drug trafficking organization that distributed large quantities of cocaine and crack cocaine out of a drug house on Glenwood Avenue in Rochester. On May 19, 2021, a search warrant was executed at the Glenwood Avenue residence, during which investigators seized cocaine, drug paraphernalia and counter surveillance devices. Gamble was present during the search, and it appeared that he and others were in the process of flushing narcotics down the toilet after law enforcement made entry into the residence. Gamble was taken into custody with over $5,000 in cash in his pockets.

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

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

BUFFALO, NY—U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Aaron Miller, 28, of Jamestown, NY, and La D. Huynh a/k/a Paul a/k/a P, 39, of Chula Vista, CA, with narcotics conspiracy. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between July 2019, and October 16, 2020, Miller and Huynh are accused of conspiring with others to import methamphetamine, cocaine, heroin, and fentanyl from California to be sold in the Jamestown, NY, area. 

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

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

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

# # # #

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Vincent Lopresti, 26, of Buffalo, NY, pleaded guilty to misprision of a felony before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of three years in prison and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between 2016, and June 2019, Lopresti received marijuana from the Robert Fiels drug organization, distributed and helped distribute the marijuana, concealed the marijuana and stored it until he could sell it, and by his actions helped the marijuana distribution conspiracy to continue. Lopresti failed to notify the Department of Justice and Homeland Security Investigations of the criminal conduct. 

Robert Fiels was previously convicted and is awaiting sentencing.

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

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

Sentencing is scheduled for September 1, 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 Charlie Yancey, 29, of Buffalo, NY, pleaded guilty to brandishing a firearm in furtherance of drug trafficking, before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a minimum penalty of 7 years and a maximum of life in prison.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on July 28, 2019, Yancey met an individual in the parking lot of a convenience store on Main Street in Buffalo to purchase marijuana. Yancey got into the individual’s vehicle and attempted to pay for the marijuana with counterfeit money, which resulted in an argument. Yancey pulled out a 9mm semi-automatic pistol, with an obliterated serial number, and fired nine shots at the individual, causing non-life-threatening injuries. The firearm was later recovered by law enforcement and linked to spent shell casings recovered at the scene.

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 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.

Sentencing is scheduled for August 5, 2022, before U.S. District Judge Richard J. 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 Robert Calkins, Jr., 37, of Salamanca, NY, was arrested and charged by criminal complaint with production, receipt, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, lifetime supervised release, and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, in April 2020, the New York State Police (NYSP) began an investigation after receiving multiple reports from the National Center for Missing and Exploited Children (NCMEC) referencing Calkins as the subject of activity and material involving suspected child pornography. In September 2020, NYSP investigators executed a search warrant at Calkins’ E. Jefferson Street residence in Salamanca, seizing four cell phones and an SD card. A forensic analysis recovered thousands of images and videos of suspected child pornography on the phones and SD card. Some of the images depict a minor female whom Calkins had contact with. Also recovered were sexually explicit Facebook Messenger conversations between Calkins and what is believed to be a 16-year-old minor female.

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

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

# # # #

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

BUFFALO, NY—U.S. Attorney Trini E. Ross announced today that Hector Santos-Morales, 32, of Dunkirk, NY, pleaded guilty to conspiracy to possess with the intent to distribute, and to distribute, 500 grams or more of cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $5,000,000 fine. 

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that in June 2020, a United States Postal Inspector executed a federal search warrant on a parcel from Puerto Rico addressed to “Hector D. Santos” on Beaver Street in Dunkirk, NY. During the search, the Postal Inspector seized approximately one kilogram of suspected cocaine. On June 29, 2020, investigators replaced the cocaine with “sham” and conducted a controlled delivery of the parcel to the Beaver Street address. After a device inside the parcel alerted investigators that it has been opened, law enforcement approached the residence and took Santos into custody. 

The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward of the Boston Division, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, and the Southern Tier Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb. 

Sentencing is scheduled for September 2, 2022, before Judge Vilardo.    

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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 Charles Jones, 49, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine. Jones also pleaded guilty to a violation of supervised release. 

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that Jones was on supervised release following the completion of a 66-month prison sentence for a federal cocaine conviction. As a condition of his supervised release, on August 16, 2021, Jones reported to the U.S. Probation Office in Buffalo. While at the Probation Office, Probation Officers executed a search of Jones’s Broadway Avenue apartment. Jones had not reported this address as required, but U.S. Probation determined that he resided at this apartment. During the search, U.S. Probation Officers recovered quantities of crack cocaine, cocaine, and marijuana, a digital scale, $2,900 in cash, a Rolex watch appraised at $3,450, and two necklaces appraised at $1,350. According to the apartment complex’s manager, the defendant began leasing the apartment in March 2021.

The plea is the result of an investigation by the U.S. Probation Department, under the director of Chief Probation Officer Timothy Englert, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, 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 August 3, 2022, at 10:00 a.m. before Judge Skretny.    

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

ROCHESTER, NY—U.S. Attorney Trini E. Ross announced today that Jason Koscielski, 33, of Rochester, NY, was arrested and charged by criminal complaint with enticement of a minor, and possession and distribution of child pornography by an individual with a prior sex offense conviction. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of 40 years.  

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in December 2011, Koscielski was convicted on federal charges of possession, receipt and distribution of child pornography and sentenced to serve 135 months in prison and 30 years of supervised release. In September 2020, Koscielski was released from the Bureau of Prisons custody and began his term of supervised release. On September 15, 2020, during a meeting with a United States Probation Officer to review the terms of his supervision, Koscielski told the officer that he was in possession of an unmonitored cellular telephone. The officer confiscated the cell phone for review and installation of monitoring software. During a review of the cell phone, probation personnel observed images and videos that they believed could constitute child pornography. An FBI review of the images confirmed that the images and videos were child pornography. On September 16, 2020, Koscielski was charged with violating the conditions of his supervised release for possessing and downloading child pornography.

On December 17, 2020, Kosclelski pleaded guilty to a violation of his supervised release and was sentenced to serve another 12 months in prison. On July 26, 2021, Koscielski was once again released from Bureau of Prisons custody and began his second term of supervised release. In August 2021, Koscielski was placed at the Volunteers of America, Residential Reentry Center in Rochester, NY. However, in November 2021, Koscielski was unsuccessfully discharged from the program, resulting in another charge of violating supervised release. Koscielski was arrested on November 9, 2021.    

On November 16, 2021, the Volunteers of America, Residential Reentry Center alerted probation that while bagging up Koscielski’s belongings in his bedroom at the center, another cell phone was located with his personal belongings. A review of the cell phone once again revealed suspected images of child pornography. The FBI examined the cell phone and observed numerous images of child pornography as well as several instant message conversations, during which he exchanged images of child pornography with two unidentified individuals and a 15-yeal-old minor victim.

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