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 Ray Chrostowski, 27, of Cheektowaga, NY, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge John L. Sinatra, Jr. The charges carry a maximum of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated in August 2021, Chrostowski was convicted of breaking into and larceny from interstate carrier facilities and sentenced to serve 18 months in prison by Judge Sinatra. He was expected to self-surrender to the custody of the Bureau of Prisons on September 28, 2021. On September 14, 2021, Chrostowski was detained by investigators as he left his Bright Street residence. Investigators then executed a search warrant at the residence seizing an assault rifle and a semiautomatic pistol, two sets of body armor, and various rounds of assorted ammunition.

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 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 July 12, 2022, at 10:00 a.m. before Judge Sinatra.

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YRC Freight Inc. (YRC), Roadway Express Inc. and Yellow Transportation Inc. (collectively the YRC defendants), have agreed to pay approximately $6.85 million to resolve allegations under the False Claims Act that they knowingly presented false claims to the U.S. Department of Defense (DOD) by systematically overcharging for freight carrier services and making false statements to hide their misconduct.

The YRC defendants, transporters of industrial, commercial and retail goods, contracted with DOD to ship military freight across the country from September 2005 to October 2013. Under their contracts, the YRC defendants were paid based in part upon a shipment’s weight.

The United States alleged that the YRC defendants fraudulently billed the United States for delivery charges based on higher weights when, after reweighing the shipments, they knew that the actual weights were lower. For more than seven years, the YRC defendants allegedly reweighed many shipments before final delivery, and when the reweighs showed that a shipment weight was more than the original weight, the YRC defendants charged DOD for these higher weights. But when the reweighs showed that a shipment weight was less than the original weight, the YRC defendants allegedly concealed from DOD the lower weights and instead charged DOD for the original, inflated weights. To further hide the scheme, the YRC defendants allegedly made false statements assuring DOD that they would comply with the rules requiring them to correct discrepancies uncovered during any reweigh process.

“We expect companies to do business with the government honestly and fairly,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s continuing commitment to hold accountable those who defraud the government and, by extension, the American taxpayers.”

“The Defense Department entered into contracts with YRC, Roadway, and Yellow for shipping services,” said U.S. Attorney Trini E. Ross for the Western District of New York. “These companies, which purposely overcharged for these services and then made false statements to cover up their actions, are now being held accountable for their behavior.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by James Hannum, an employee of Yellow Transportation. 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 U.S. ex rel. Hannum v. YRC Freight, Inc., Roadway Express, Inc., and Yellow Transportation, Inc., Civil Action No. 08-0811 (W.D.N.Y.). Mr. Hannum will receive $1.3 million, plus interest, as his share of the settlement.

“Investigating schemes that undermine the integrity of Department of Defense (DoD) procurement is a top priority for the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today's announcement demonstrates our commitment to work with the Department of Justice and our law enforcement partners to hold companies accountable for artificially inflating the cost of services provided to the DoD.”

“After working extensively on this case, DCAA is gratified the work of our auditors made a significant contribution to the outcome of this case,” said Lead Investigative Auditor John Manfredonia for the Defense Contract Audit Agency (DCAA). 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Western District of New York, with assistance from DCIS; DCAA, and the U.S. Army Criminal Investigation Division Command.

The matter was handled by Trial Attorneys Benjamin Young and John F. Schifalacqua of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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

BUFFALO, NY – YRC Freight Inc. (YRC), Roadway Express Inc. and Yellow Transportation Inc. (collectively the YRC defendants), have agreed to pay approximately $6.85 million to resolve allegations under the False Claims Act that they knowingly presented false claims to the U.S. Department of Defense (DOD) by systematically overcharging for freight carrier services and making false statements to hide their misconduct.

The YRC defendants, transporters of industrial, commercial, and retail goods, contracted with DOD to ship military freight across the country from September 2005 to October 2013. Under their contracts, the YRC defendants were paid based in part upon a shipment’s weight.

The United States alleged that the YRC defendants fraudulently billed the United States for delivery charges based on higher weights when, after reweighing the shipments, they knew that the actual weights were lower. For more than seven years, the YRC defendants allegedly reweighed many shipments before final delivery, and when the reweighs showed that a shipment weight was more than the original weight, the YRC defendants charged DOD for these higher weights. But when the reweighs showed that a shipment weight was less than the original weight, the YRC defendants allegedly concealed from DOD the lower weights and instead charged DOD for the original, inflated weights. To further hide the scheme, the YRC defendants allegedly made false statements assuring DOD that they would comply with the rules requiring them to correct discrepancies uncovered during any reweigh process.

“We expect companies to do business with the government honestly and fairly,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s continuing commitment to hold accountable those who defraud the government and, by extension, the American taxpayers.”

“The Defense Department entered into contracts with YRC, Roadway, and Yellow for shipping services,” said U.S. Attorney Trini E. Ross for the Western District of New York. “These companies, which purposely overcharged for these services and then made false statements to cover up their actions, are now being held accountable for their behavior.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by James Hannum, an employee of Yellow Transportation. 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 U.S. ex rel. Hannum v. YRC Freight, Inc., Roadway Express, Inc., and Yellow Transportation, Inc., Civil Action No. 08-0811 (W.D.N.Y.). Mr. Hannum will receive $1.3 million, plus interest, as his share of the settlement.

“Investigating schemes that undermine the integrity of Department of Defense (DoD) procurement is a top priority for the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office.  “Today's announcement demonstrates our commitment to work with the Department of Justice and our law enforcement partners to hold companies accountable for artificially inflating the cost of services provided to the DoD.”

“After working extensively on this case, DCAA is gratified the work of our auditors made a significant contribution to the outcome of this case,” said Lead Investigative Auditor John Manfredonia for the Defense Contract Audit Agency (DCAA). 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Western District of New York, with assistance from DCIS; the Defense Contract Audit Agency, and the U.S. Army Criminal Investigation Division Command.

The matter was handled by Trial Attorneys Benjamin Young and John F. Schifalacqua of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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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 40-count indictment charging Hormoz Mansouri, 67, of Amherst, NY, with conspiracy to commit wire fraud and bank fraud, bank fraud, wire fraud, and money laundering. The charges carry a maximum penalty of 30 years in prison and a $1,000,000.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the indictment charges Mansouri with filing fraudulent loan applications under both the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program.  The loans available for these programs were designed to provide emergency financial assistance pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES Act). Mansouri controlled the following business entities which applied for loans:

• HLM Holding LLC, • El Team Inc., • NPTS Inc., • 2060 Sheridan Drive LLC, • 212 Holden Avenue LLC, • 350 Old Niagara Falls Boulevard LLC, • 47 East Amherst LLC, and
• 3600 Harlem Road LLC.

The PPP loans that the Mansouri-controlled entities obtained, either inflated or completely fabricated the average monthly payroll and six of the eight entities had no actual employees or payroll expenses at all. The total amount of money received from the fraudulent PPP loans totaled approximately $3,000,000. The Mansouri controlled entities also received approximately $450,600 in Economic Injury Disaster Loans (EIDL). These loan applications falsely represented revenues and cost of goods sold. On May 28, 2021, the United States Attorney’s Office seized approximately $1,923,603 of the fraudulently obtained money.

The indictment also charges Mansouri with moving the fraudulent PPP and EIDL funds between various bank accounts; commingling the proceeds with legitimate business revenues; and funding certain accounts, including a campaign account (in the name of “Mansouri for County Comptroller”). 

Mansouri was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer 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 Special Agent-in-Charge Thomas Fattorusso.

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

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Jason David Willis, 47, of Gasport, NY, pleaded guilty to receipt of child pornography following a prior conviction before Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in 2011, Willis was sentenced to serve 132 months in prison following his conviction on a federal child pornography charge. On May 18, 2021, an acquaintance of Willis’ brought his iPhone to the Niagara County Sheriff’s Office and stated that contained child pornography. The following day, on May 19, 2021, a U.S. Probation Officer searched the iPhone and observed two videos in the “recently deleted” folder on the phone that were produced by Willis on October 24 and October 28, 2020. Both videos depicted explicit images of a 17-year-old minor female. Further review of the iPhone revealed internet history for at least one website containing child pornography.

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 Niagara County Sheriff’s Office, under the direction of Sheriff Michael Felicetti, and the U.S. Probation Department, under the direction of Chief Probation Officer Timothy C. Englerth.

Sentencing is scheduled for June 15, 2022, at 9:00 a.m. before Judge Skretny.

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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 Dkeidron Dublin, 40, of Rochester, NY, who was convicted of possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 72 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew McGrath, who handled the case, stated that Dublin was arrested on May 19, 2021, as part of a long-term investigation into a Rochester drug trafficking organization led by co-defendant Jason Siplin. On that date, investigators intercepted a phone call between Dublin, and another co-defendant Timothy Granison, during which they discussed, in coded language, Granison resupplying Dublin with drugs. Later that day, Granison’s vehicle arrived at Dublin’s Birch Crescent residence. Dublin got into Granison’s vehicle at which time both were taken into custody. During a search of the vehicle and Dublin’s residence, investigators recovered 31 grams of cocaine, $1,241.00 in United States currency, drug packaging materials, and a semiautomatic pistol, which was found in Dublin’s residence.

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.  

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

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

BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Paul Richard Heil, 52, of Buffalo, NY, pleaded guilty to a misdemeanor charge of aiding and abetting the failure to provide lead paint hazard warning notice before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that Heil was a property manager acting on behalf of Williamsville Property Holdings LLC, a.k.a. Williamsville Properties. Between December 2015, and May 2018, Heil and the company were aware of lead-based paint and lead-based paint hazards at a Wick Street residence in Buffalo, a two-family house that was built in 1905. In April 2018, and again in June 2020, Heil and Williamsville Properties rented the residence to lessees. Heil provided a lead disclosure statement to those tenants, which falsely affirmed that the landlord “has no knowledge of lead-based paint and/or lead-based paint hazards in the housing,” and “has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.”

The plea is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi. Additional assistance was provided by the New York State Attorney General’s Office.    

Sentencing is scheduled for June 8, 2022, before Magistrate Judge McCarthy.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Caswell Richards, 55, of Jamaica, pleaded guilty to the use of a U.S. passport secured by a false statement before U.S. District Judge John L. Sinatra, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for July 5, 2022, at 2:00 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 Joseph McGrain, 50, of Greece, NY, who was convicted of enticement of a minor to engage in sexual activity, attempted obstruction of justice, and obstruction of justice, was sentenced to serve 264 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on March 27, 2020, the Greece Police Department learned that McGrain had been having a sexual relationship with a 16-year-old girl (Minor Victim) for one and a half years. On April 1, 2020, investigators observed Facebook chat conversations between McGrain and the Minor Victim on her cell phone. Among the messages, McGrain stated, “I miss our nights.” Another message stated, “your right it’s wrong and it will end...thank you for that magic for the past year.” On April 5, 2020, McGrain threatened the Minor Victim by stating “If you really want it to end then tell them (law enforcement) you set it all up and lied.”

McGrain and the Minor Victim had sexual relations almost daily between October 2018, when she was 14 years old, until March 26, 2020.

The sentencing is the result of an investigation by the Greece Police Department, under the direction of Chief Michael Wood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia. 

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Richard LaFrance, 35, of Jamestown, NY, who was convicted of enticement of a minor, was sentenced to serve 327 months in prison and lifetime of supervised by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that LaFrance, who was 34 years-old at the time, met a 14-year-old (Minor Victim) in April of 2019, and began communicating with her via email and text message. The communications between LaFrance and the Minor Victim were sexually explicit and included LaFrance requesting that the Minor Victim send him naked pictures. In addition, LaFrance met up with the Minor Victim on at least two occasions and engaged in sexual intercourse. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Chautauqua County Sherriff’s Office, under the direction of Sheriff James B. Quattrone.

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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 Tyrone Green, III, 27, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, cocaine, and 10 grams or more of butyryl fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge John L. Sinatra, Jr. Green was also ordered to pay restitution for the funeral expenses of the overdose victim in this case.

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that on March 23, 2018, Green and co-defendant Brennan Bryant sold fentanyl to an individual who was later found deceased in the Town of Hamburg. Through text messages on the decedent’s cellular telephone, detectives with the Hamburg Police Department and Special Agents with the Drug Enforcement Administration identified Bryant and Green as the decedent’s suppliers. Subsequent investigation revealed that between October 2017 and January 2018, the New York State Police made numerous controlled purchases of butyryl fentanyl, fentanyl, cocaine, and heroin from both Bryant and Green. 

Brennan Bryant was previously convicted and also sentenced to serve 120 months in prison.

The sentencing is the result of an investigation by the Hamburg Police Department, under the direction of Chief Kevin Trask, the Drug Enforcement Administration, under the direction of Acting Special-Agent-in-Charge Timothy Foley, the New York State Police, under the direction Major James Hall, and the Orchard Park Police Department, under the direction of Chief Joseph Wehrfritz.

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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 Miguel Ramos, 21, of Rochester, NY, who was convicted of rioting for his role in violent protests held in the City of Rochester in May 2020, was sentenced to serve 16 months in prison by U.S. District Judge Charles J. Siragusa. Ramos was also ordered to pay restitution totaling $4,287 to the City of Rochester. 

Assistant U.S. Attorney Cassie M. Kocher, who handled the case stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. During the late afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.

During the course of the protests, Ramos and others set fire to a marked Rochester Police Department patrol vehicle parked in front of the Public Safety Building. The burning of the RPD car, which was completely destroyed, was broadcast, and recorded on Facebook Live, which streamed the burning online in real time. Ramos also took photographs of himself at the riot and sent those photographs to others via text message to encourage them to participate in the riot.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Interim Chief David Smith; the Gates Police Department, under the direction of Chief Robert Long; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Robert Hill; and the Rochester Fire Department, under the direction of Fire Chief Felipe Hernandez Jr.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Roosevelt E. Collins, III, 40, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm and ammunition before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on July 26, 2021, members of the U.S. Marshals Task Force were surveilling Collins, who was wanted in connection with an alleged shooting incident on July 2, 2021. Officers took Collins into custody while he was sitting in a vehicle parked in a driveway on Magee Avenue. During the arrest, officers observed a loaded 9mm semiautomatic pistol in plain view on the floor of the front passenger seat. Collins also had a magazine loaded with 12 additional rounds of ammunition on his person.

Collins was previously convicted on felony charges in 2001, 2005, 2010, and 2015, in Monroe County Court, including Criminal Possession of a Controlled Substance in the Fifth Degree, Attempted Criminal Possession of a Controlled Substance in the Fifth Degree, and Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, and is legally prohibited from possessing a firearm.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Interim Chief David Smith, the U.S. Marshals Service, under the direction of Marshal Charles Salina, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

Sentencing is scheduled for June 2, 2022, at 10:00 a.m. before Judge Siragusa. 

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Ricky Turner, 51, of Ashtabula, Ohio, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to aiding and abetting a fictitious written statement with respect to a material fact in the sale of a firearm. The charge carries a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on October 19, 2017, Turner assisted an individual identified as D.F. in the purchase of a firearm from an Ohio sporting goods store. D.F falsely stated on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473, Firearms Transaction Record, that she was the actual buyer acquiring the firearm. In fact, D.F. was acting only at the direction of Turner, who provided money for the purchase of the firearm. D.F. completed and signed the ATF paperwork and checked “yes,” acknowledging that she was the actual purchaser of the firearm. D.F. conducted other similar transactions on behalf of Turner, receiving $75-$100 per firearm to conduct the transactions. Turner then sold the firearms for a profit to individuals in the Buffalo area. Turner has never been issued a Federal Firearms License that would permit him to sell, receive, or transport firearms in interstate commerce. In fact, Turner is prohibited under both Ohio and federal law from possessing a firearm due to a federal felony conviction.

Turner is one of eight defendants charged and convicted in this case.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.

Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Genesis Tolentino-Cruz, 28, and Orlando Albert-Arroyo, 27, both of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to conspiracy to possess with intent to distribute, and to distribute, heroin. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on February 27, 2019, Buffalo Police Officers responded to a drug overdose call and found a 24-year-old male deceased. The deceased man’s girlfriend told officers that the day before, she met Cruz and Arroyo at a gas station in Cheektowaga to purchase heroin. Later that night, the girlfriend said that she and the deceased male used some of the heroin purchased from the defendants. The girlfriend went to sleep, and when she awoke, she found her boyfriend was deceased. In March and April, 2019, investigators conducted six controlled purchases of heroin from Cruz and Arroyo. On April 19, 2019, a federal search warrant was executed at Cruz and Arroyo’s residence, during which heroin, ammunition, a rifle, a pistol, and drug processing items were seized. 
 
The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.

Sentencing will be scheduled at a later date.

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CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Briana Elderkin, 25, of Pomfret, NY, pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine and being a felon in possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charges carry a minimum 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 in August 2020, Elderkin was convicted of Criminal Possession of Controlled Substance (methamphetamine) in the Third Degree in Chautauqua County Court. As a result, Elderkin is legally prohibited from possessing a firearm. On April 19, 2021, New York State Parole Officers performed a home visit of Elderkin’s residence on Ulrich Park Drive in Pomfret, during which they observed a large amount of methamphetamine. The following day, on April 20, 2021, a search warrant was executed at the residence by the Chautauqua County Sheriffs’ Office and the Southern Tier Regional Drug Task Force. Law enforcement seized methamphetamine, a .45 caliber pistol, 52 rounds of ammunition, digital scales, over $1,400 in cash, and two phones.

The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci, the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone, and the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley.

Sentencing is scheduled for June 21, 2022, at 9:30 a.m. 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 Holly Berenguer, 39, of Jamestown, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, before U.S. Magistrate Judge H. Kenneth Schroeder Jr. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated on September 5, 2021, a Jamestown Police Officer arrested Berenguer on an active bench warrant for failure to appear in Jamestown City Court. While she was being processed, police personnel discovered a white powdery substance and $450 hidden in Berenguer’s clothes. The substances field tested positive for heroin and methamphetamine. As part of the conspiracy, between September 2020, and September 2021, Berenguer distributed large amounts of heroin and fentanyl in the Jamestown 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 plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley.

Sentencing will be scheduled at a later date.  

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

BUFFALO, N.Y. – U.S. Attorneys Trini E. Ross, of the Western District of New York, and Nikolas Kerest, of the District of Vermont, announced today that Lisa Miller, 53, formerly of Virginia, pleaded guilty before U.S. District Judge Richard J. Arcara to international parental kidnapping, which carries a maximum penalty of three years in prison and a $250,000 fine.

Defendant Miller was in a civil union with Janet Jenkins under Vermont law.  Miller was artificially inseminated during the civil union and had a child, IMJ. In 2003, Miller sought termination of the civil union and disputes arose regarding Miller’s and Jenkin’s parental rights of IMJ. Miller disputed those parental rights in both Virginia and Vermont courts. Prior to September 2009, Jenkins had been awarded parental rights in Vermont. In early September 2009, the Vermont family court, which had jurisdiction over the dispute regarding the parental rights of IMJ, ordered that Janet Jenkins was entitled to an unsupervised parental visit with IMJ on the weekend of September 25, 2009. Miller was aware of the court ordered visit but did not want to allow unsupervised visitation for that weekend. In the early morning of September 22, 2009, Miller removed IMJ from the United States to Canada via Buffalo, NY, and eventually to Nicaragua, with the intention to take IMJ out of the country in order to obstruct Jenkin’s court ordered parental rights. Miller remained out of the country until she voluntarily returned to the United States in January 2021, after IMJ had reached 18 years of age.

Three other defendants were charged and convicted for their roles in this case. Philip Zodhiates was charged in the Western District of New York and convicted following a jury trial of international parental kidnapping and conspiracy to commit international parental kidnapping and sentenced to serve 36 months in prison. Zodhiates organized the kidnapping of IMJ. He also assisted in the recruitment of Mennonite Pastor Kenneth Miller, who was convicted following a jury trial of international parental kidnapping in the District of Vermont and sentenced to serve 27 months in prison. Timothy Miller was also charged, convicted, and sentenced to time served (eight months) for his role in assisting Lisa Miller. He purchased a one-way plane ticket for Lisa Miller and IMJ to travel from Toronto, Ontario to Nicaragua. Upon their arrival in Nicaragua, Timothy Miller assisted Lisa Miller and IMJ financially including providing them with shelter.

The plea is the culmination of an investigation by the Vermont Office of the U.S. Marshal’s Service, under the direction of Marshal Bradley Larose; the Vermont Office of the Federal Bureau of Investigation, under the direction of Janeen DiGuiseppi, Special Agent-in-Charge; and the U.S. Department of State’s Diplomatic Security Service (DSS). Assistant U.S. Attorneys Michael DiGiacomo and Paul Van de Graaf are handling the case.

Sentencing is scheduled for June 9, 2022, before Judge Arcara.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David Guest, 24 of Hilton, NY, was arrested and charged by criminal complaint with stalking. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in 2019, Guest began to threaten and harass an acquaintance (Victim) through various social media accounts. Guest posted nude photographs of the Victim to various pornography websites using the Victim’s full name. Guest also sent the nude photographs to among others, the Victim’s family members, colleagues, former classmates, and friends. In addition, Guest used fake online accounts in an attempt to get the Victim to produce additional sexually explicit content. As a result of Guest’s conduct, the Victim has continued to receive unwanted communications from other individuals who received the photographs, causing the Victim extreme emotional distress. 
  
Guest made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and is being held pending a detention hearing on February 18, 2022. 

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

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

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Adam C. McFadden, 50, of Rochester, NY, who was convicted of wire fraud and filing a false tax return, was sentenced to serve 18 months in prison by U.S. District Judge Elizabeth A. Wolford. McFadden was also ordered to pay restitution totaling $265,528.00 to Quad A For Kids, the Internal Revenue Service and Rochester Housing Charities.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that McFadden was the Executive Director for Quad A for Kids between 2004 and 2014. From 2014 to September 2016, McFadden served as an independent contractor for Quad A for Kids. From September 2016 until 2019, McFadden returned to his position as the Executive Director of Quad A for Kids, which provides after-school and extended-day learning programs at some Rochester City School District elementary schools. Quad A for Kids operates as a separate entity funded through the Rochester Area Community Foundation Initiatives Inc. (RACF).

Between February 2012 and December 2018, McFadden submitted fraudulent invoices and receipts to the RACF for reimbursements in the approximate amount of $131,163.00. Specifically, McFadden created fraudulent invoices purportedly from: an individual for various computer and IT related services that were never provided; an entity that provided various sports, fitness and related products and services; entities that provided grant writing and related services; and Amazon, Walmart and Staples. The funds were used, in part, for McFadden’s personal benefit, including personal debts. After the submission of the fraudulent invoices, the RACF reimbursed the defendant personally or paid the various entities used by the defendant. The entities then used the money to pay debts owed by the defendant.

In August 2017 and February 2018, McFadden created fraudulent $4,000.00 invoices from the North East Area Development Association (NEAD) to Quad A for Kids, purportedly for training services provided by NEAD to Quad A for Kids. Although the training services were never performed by NEAD, McFadden caused Quad A for Kids to pay NEAD $8,000.00. NEAD then fraudulently paid the defendant $7,000.00 of the $8,000.00 that NEAD had fraudulently received.  

In addition, in 2015, McFadden owned a company called Caesar Development LLC, which received an $87,500 contract from the Rochester Housing Charities for services which were never performed. Also, for the tax years 2015 through 2017, McFadden provided false information on his personal tax returns, reporting false deductions, including personal expenses, on his Schedule C, which falsely reduced his taxable income. The reduction in McFadden’s taxable income resulted in a tax loss to the IRS of $46,865.

The sentencing is the result of an investigation by the Department of Housing and Urban Development, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Brandon Gardner; the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Stephen Belongia.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that James Fox, 38, of Cheektowaga, NY, was arrested and charged by criminal complaint with maintaining a drug premises and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of five years in prison and a maximum of life in prison.

Assistant U.S. Attorneys Nicholas T. Cooper and Aaron J. Mango, who are handling the case, stated that according to the complaint, on February 3, 2022, investigators executed a search warrant at Fox’s residence on Beach Road in Cheektowaga, NY. During the execution of the search warrant, among other items, investigators seized a loaded shotgun; additional rounds of ammunition; Narcan; two electrical tasers; and a stun gun. The Government alleges that Fox frequently used his residence to solicit prostitutes, many of whom were addicted to heroin and crack cocaine, and that Fox provided some of the prostitutes with illegal narcotic in exchange for sex acts.

Fox is being held following a detention hearing before U.S. Magistrate Judge Michael J. Roemer.  

The complaint is a 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 Lancaster Police Department, under the direction of Chief William Karn. Jr. and Cheektowaga Police Department, under the direction of Chief Brian Gould.

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

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

ROCHESTER, N.Y.- U.S. Attorney Trini E. Ross announced today that a settlement agreement has been reached with the current and former owners of Midtown Motel, LLC, a residential rental property in Dansville, NY, who were named as defendants in a Fair Housing Act complaint. The Government alleged that the owners of Midtown Motel discriminated against Cheryl Martinez based on her disability by refusing to rent to Martinez because of her assistance animal. 

Assistant U.S. Attorney Kathryn Smith, who is handling the case, stated that Ms. Martinez’s emotional support dog, an American Staffordshire Terrier, was prescribed by her primary care physician as part of a therapeutic plan to treat her psychiatric conditions. In November 2016, Ms. Martinez was homeless and seeking affordable housing. She agreed to rent a unit at the Midtown Motel, but, upon learning of her emotional support animal, the property manager refused to rent to her and asked that she vacate the unit.

“Individuals with disabilities should not face discrimination in housing,” stated U.S. Attorney Ross. “The settlement of this lawsuit is an opportunity to educate tenants and landlords alike that denying someone housing because of a disability is illegal under the Fair Housing Act.”

The Consent Decree, agreed to by the Government and Midtown Motel past and present owners, and signed by Chief U.S. District Court Judge Elizabeth A. Wolford, requires the current owner of Midtown Motel to maintain non-discriminatory policies, provide Fair Housing Act training to employees, and submit to compliance and reporting requirements for two years. In addition, the former owners of Midtown Motel paid Ms. Martinez $30,000 in damages.  

The Complaint was the result of an investigation by the United States Department of Housing and Urban Development.  Ms. Martinez was represented by Lisa Pantuso, Esq. and Laurie Lambrix, Esq. of Legal Assistance of Western New York, Inc. 

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status (having one or more children under 18), national origin and disability. Individuals who believe they have been victims of housing discrimination should contact the Department of Justice toll-free at 1-833-591-0291, by email at fairhousing@usdoj.gov, or submit a report online at www.civilrights.justice.gov. Such individuals may also contact the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online. 

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Thomas Mann, 74, of Addison, NY, who was convicted of wire fraud, was sentenced to serve 24 months in prison by Chief U.S. District Judge Elizabeth A. Wolford. Mann was also ordered to pay restitution totaling $273,571.66.

Assistant U.S. Attorney John J. Field, who handled the case, stated that the Transport Investment Club (TIC), which had approximately 25 investing members, was formed in 1958, in the small community of Wellsboro, PA. Mann, a well-known high school math teacher and long-time friend of most of the TIC members, was elected treasurer of TIC in 1994. Mann’s duties included collecting and disbursing funds, buying, and selling stocks as directed by TIC and its members, maintaining a set of books covering operations and assets, and preparing a monthly statement documenting the club’s liquidating value, which was the total value of the club’s stock holdings. Mann had sole control over the TIC bank account at Citizens and Northern Bank (C&N Bank) and the TIC investment accounts at brokerage firms. Funds collected at TIC monthly meetings were supposed to be used to purchase stocks in the TIC investment accounts as directed by the club members. Over the years, Mann regularly embezzled TIC’s funds for his personal use rather than investing the funds. By February 2020, TIC’s investments should have been worth approximately $290,614.05.  In actuality, Mann had embezzled all but $707.74 of TIC’s stock holdings. For more than a decade, Mann routinely provided TIC members with fraudulent liquidation statements, which misrepresented the actual values of TIC’s purported investments.  As one of the victims stated: “Mann’s soulless duplicity and clear cunning fooled us all.” 

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

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

BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Kevin Brown, 30, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of a firearm in furtherance of drug trafficking, which carries a maximum penalty of life in prison. In addition, Reno Sayles, Jr., 32, and Marlon Worthy, 34 of both of Buffalo, NY, pleaded guilty to conspiracy to distribute crack cocaine, fentanyl, and acetyl fentanyl, which carries a maximum penalty of 20 years in prison. 

Assistant U.S. Attorneys Jeremiah E. Lenihan and Timothy C. Lynch, who are handling the case, stated that on August 22, 2019, investigators conducting surveillance observed Sayles, Brown and Worthy leaving a residence on Wanda Avenue in Cheektowaga, NY, and getting into two separate vehicles. Both vehicles drove away and stopped shortly after, at which time defendant Brown retrieved a backpack from inside one of the vehicles. Law enforcement seized the backpack and upon searching it, discovered that it contained two loaded handguns, ammunition, magazines, scales, and a bulletproof vest. Officers recovered over 50 grams of cocaine from inside Worthy’s vehicle and another 10 grams inside his pocket. During a search of the Wanda Street residence, investigators also recovered narcotics paraphernalia. 

The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Brian Gould; and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia with the assistance of their narcotics K-9. 

Worthy, Brown and Sayles are scheduled to be sentenced on May 5, 2022, May 6, 2022, and June 2, 2022, respectively, all 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 Peter R. Kiwitt, 63, of Rochester, NY, who was convicted of sex trafficking by coercion, was sentenced to serve 15 years in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that in January 2019, Rochester Police Officers responded to a residence for a report of a fatal overdose involving a minor victim. The owner of the residence found the minor deceased on his living room floor and called 911. He told officers he brought the minor victim to his residence to engage in commercial sex acts with her. The investigation determined that Kiwitt, a registered sex offender, used the victim’s addiction to heroin to coerce her to engage in commercial sex acts with men in the Rochester area.

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

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Dustin Post, 26, of Fredonia, NY, who was convicted of production and possession of child pornography, was sentenced to serve 50 years in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney David J. Rudroff, who handled the case, stated that the New York State Police in Fredonia began investigating Post after receiving a parental complaint involving the commission of a possible sex offense upon a minor. In the summer of 2019, Post video-recorded his sexual abuse of a 12-year-old girl. On November 15, 2019, investigators removed a cellular telephone, a laptop computer, and four flash drives from Post’s residence. A forensic analysis of the electronic devices recovered multiple images and videos of child pornography. During the course of the investigation, a total of nine minor females and one adult female were identified as victims of Post.

The sentencing is a 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 James Hall.

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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 James A. Pane, 50, of Rochester, NY, who was convicted of threatening by mail to injure or intimidate and unlawfully damage and destroy property by means of an explosive, was sentenced to serve 24 months in prison by U.S. District Judge Charles J. Siragusa.   

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between January 23 and February 2, 2021, Pane set off three explosions, one near the residence at 94 Leander Road, and two near 288 Falleson Road in the City of Rochester. Residents of 94 Leander Road heard two loud booms that shook the entire house, and the explosion caused a hole the size of a softball and burn marks in the siding of the house and damaged a window.

Between February 24 and March 9, 2021, Pane mailed 10 letters to 10 separate residences in the Falleson Road/Leander Road neighborhood. Similar in nature, the plain white envelopes had no return address and were all processed through the main United States postal plant on Jefferson Road in Henrietta, NY. Each contained a single piece of paper with large, printed words stating: “I don't mean to bother you people in this neighborhood. But the little (expletive) crack head at 288 Falleson owes me a lot of money for drugs. He is a liar and a thief. He burned down his father’s cottage in the 1000 island for the insurance money, which he was supposed to pay me off with. He didn’t. I will keep throwing bombs off in his yard until he pays. call the cops they won't catch me.”

On March 2, 2021, investigators searched Pane’s garbage at his Harding Road residence and recovered a list of numerous Falleson Road and Leander Road addresses, including the house numbers. Nine of the 10 addresses which received the threatening letter were on the list. The 10th address (288 Falleson Road) was the address of the target of the explosions. Pane had an ongoing dispute with an individual that he believed was spreading false rumors about him. Pane threatened the individual several times to stop spreading the rumors but when the individual did not stop, he made the explosive devices and started setting them off. Pane sent the letters in hopes that the neighbors would confront the individual.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Rochester Police Department, under the direction of Interim Chief David Smith, the Rochester Fire Department, under the direction of Chief Felipe Hernandez Jr., and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia. Additional assistance was provided by the Buffalo and Syracuse Resident Offices of the ATF. 

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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 Dygert, 35, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, was sentenced to serve 174 months years in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Dygert was part of a group of individuals who ran a drug house on Weaver Street in the City of Rochester, selling quantities of fentanyl from the house in 2019 and 2020. On February 25, 2020, investigators executed a search warrant at the house and seized approximately 11 grams of fentanyl, drug packaging materials, two digital scales, and $10,445 in cash, all of which consisted of proceeds from the distribution of fentanyl.

In addition, Dygert sold fentanyl to a 25-year-old male who suffered a non-fatal overdose. The victim purchased fentanyl from Dygert, returned to the home he shared with his parents, and ingested the fentanyl. In the early morning hours the next day, the victim’s mother found the victim unconscious on the bathroom floor. Emergency personnel responded and administered two doses of Narcan, after which the victim regained consciousness. 

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, and the Rochester Police Department, under the direction of Interim Chief David M. Smith.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Daryll Clark, 33, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 324 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Clark met a 15year-old girl (Minor Victim 1) in an online chat room where he purported to be 24 years old. Between March 15 and May 2, 2020, Clark solicited and directed Minor Victim 1 to create sexually explicit images and videos. After producing the images and videos, Minor Victim 1 sent them to Clark via cell phone from Missouri to New York State. During this time, Clark was a registered sex offender under the supervision of New York State Parole. 
 
The sentencing is the result of an investigation by 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 Anthony Laughing, Jr., 49, of Hogansburg, NY, who was convicted of conspiracy to commit wire and mail fraud, was sentenced to serve 72 months in prison by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that between September 2015 and March 2020, Laughing conspired with multiple co-defendants, including ringleader Martin Hogan, 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 controlled by Laughing, who accepted over 300 packages. The cash was then smuggled over the border into Canada and given to Laughing’s Canadian co-conspirators.  Laughing kept a portion of the money he accepted as part of the scheme.  In total, the scheme involved over $2,000,000 in funds obtained from elderly victims.

Martin Hogan was previously convicted and is awaiting sentencing.

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 Customs and Border Patrol Air and Marine Unit, 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 Lily A. Brandow, 20, of Falconer, NY, was arrested and charged by criminal complaint with conspiracy to produce child pornography, conspiracy to commit witness tampering, distribution of child pornography, and destruction of records. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine. 

Special Assistant U.S. Attorney Dawn M. Carter, who is handling the case, stated that according to the complaint, in June 2021, Brandow sold a video to a Snapchat user for $20 showing her, her “man” and a third person engaging in sexual relations. Brandow’s “man” is co-defendant Yusef Myrick who was arrested and charged by complaint in December 2021 with production, receipt, and distribution of child pornography. The third individual in the video was later identified by investigators as a 16-year-old girl. The complaint further states that Brandow took steps to delete Myrick’s email and social media accounts at Myrick’s instruction. Brandow also facilitated a three-way call between herself, Myrick and a victim. During the call, Myrick threatened the victim not to speak to investigators.

Myrick is accused of engaging in both online and sexual relationships with numerous minor females. When the relationships ended, Myrick cyberstalked, harassed, and threatened the minor females and their families with both physical and psychological harm. Myrick communicated with and sexually exploited at least seven victims primarily through Facebook, Snapchat, and Instagram.

Members of the public who have information related to this case are asked to contact the Chautauqua County Sherriff’s Office at 716-753-4973, the Homeland Security Investigations Tip Line at 716-464-6070, or hsibuffalotips@ice.dhs.gov.

The criminal complaint is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; the Jamestown Police Department, under the direction of Chief Timothy Jackson; 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 Brennen Bryant, Jr., 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, cocaine, and 10 grams or more of butyryl fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge John L. Sinatra, Jr. Bryant was also ordered to pay restitution for the funeral expenses of the overdose victim in this case.

 Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that on March 23, 2018, Bryant and co-defendant Tyrone Green sold fentanyl to an individual who was later found deceased in the Town of Hamburg. Through text messages on the decedent’s cellular telephone, detectives with the Hamburg Police Department and Special Agents with the Drug Enforcement Administration identified Bryant and Green as the decedent’s suppliers. Subsequent investigation revealed that between October 2017 and January 2018, the New York State Police made numerous controlled purchases of butyryl fentanyl, fentanyl, cocaine, and heroin from both Bryant and Green. 

Tyrone Green was previously convicted and is awaiting sentencing.

The sentencing is the result of an investigation by the Hamburg Police Department, under the direction of Chief Kevin Trask, the Drug Enforcement Administration, under the direction of Acting Special-Agent-in-Charge Timothy Foley, the New York State Police, under the direction Major James Hall, and the Orchard Park Police Department, under the direction of Chief Joseph Wehrfritz.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross is marking the end of Human Trafficking Awareness Month with a call to action for the community. “It’s extremely important to encourage awareness and shine a light on the victimization and tragic consequences of human trafficking, however, it’s not an effort that should be limited to just one month a year,” stated U.S. Attorney Ross, who served as the lead prosecutor of the Western District of New York Human Trafficking Task Force for approximately eight years.

Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act. According to the U.S. State Department, there are an estimated 24.9 million people - adults and children - subjected to human trafficking around the world, including here in the United States.

Signs that someone may be the victim of sex or labor trafficking include:

• Living with employer
• Poor living conditions
• Multiple people in cramped space
• Inability to speak with others alone
• Answers appear to be scripted and rehearsed
• Employer is holding identity documents
• Signs of physical abuse
• Submissive or fearful
• Unpaid or paid very little 

U.S. Attorney Ross further stated, “For eight years as the lead prosecutor of the Human Trafficking Task Force, I worked with victims of both sex and labor trafficking, building cases against the traffickers, and I saw firsthand the devastating impacts that human trafficking has on the lives of victims and communities. I encourage everyone to know the signs of trafficking and ask questions. If you suspect someone is being coerced into sex or labor acts, please act by calling the local authorities or the National Human Trafficking Hotline. Together, we can make a positive difference.”

If you are a victim of human trafficking or know someone who may be, call the National Human Trafficking Hotline at 1-888-373-7888. Additional resources can be found at https://humantraffickinghotline.org/

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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 Luke Marshall Wenke, 29, of Olean, NY, was arrested and charged by criminal complaint with making threats to injure another person in interstate commerce. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorneys Charles M. Kruly and David J. Rudroff, who is handling the case, stated that according to the criminal complaint, on September 3, 2020, an acquaintance of Wenke’s in Minneapolis, Minnesota, was arrested and charged federally with conspiracy to provide material support and resources to Hamas. On September 22, 2020, Wenke began sending a series of threatening communications via email and telephone to Victim 1, an attorney representing the individual arrested. The complaint states that Wenke believes that Victim 1 is not appropriately representing the individual. In an email, on January 23, 2022, Wenke stated in part: “I will gladly take a steel chair to your face until I get what I want here. You don't respect me...but you will.” Wenke sent another email on January 24, 2022, which contained a photograph of Victim 1’s residence.

Wenke is being held pending a detention hearing today at 3:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

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 Olean Police Department, under the direction of Chief Ron Richardson.     

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 Vanessa Rondeau, 27, of Montreal, Quebec, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to trafficking in protected wildlife. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that 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 plea 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.

Sentencing is scheduled for June 9, 2022, at 9:30 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Julian Riley, 47, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to possess with intent to distribute, 500 grams or more of cocaine, 40 grams or more of fentanyl, and crack cocaine. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that Riley was the leader of a drug trafficking organization that sold large quantities of cocaine, crack cocaine and fentanyl out of a drug house on Clifton Street in Rochester. The residence was an active location for walk-up, hand to hand drug sales. On May 28, 2020, Rochester Police Officers executed a series of search warrants on the Clifton Street residence and other locations used by the organization. Large amounts of cocaine and cash were recovered during the execution of the search warrants. In December 2015, Riley was convicted on a federal charge of drug conspiracy and sentenced to serve 77 months in prison. 

The plea is the result of an investigation by the Rochester Police Department, under the direction of Interim Police Chief David Smith and the Drug Enforcement Administration, under the direction of Acting Special-Agent-in-Charge Timothy Foley.     

Sentencing is scheduled for May 3, 2022, at 10:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Matthew Ostrowski, 49, of North Tonawanda, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that in October 2019, Ostrowski uploaded and distributed an image containing child pornography to the gaming application Discord. On December 17, 2019, investigators executed a federal search warrant at Ostrowski’s Meadow Drive residence in North Tonawanda and seized seven electronic devices, as well as his iPhone. A forensic analysis of the iPhone recovered 4,204 image files of child pornography and 8,523 images of child exploitative material, a majority of which depicted minors under the age of 12. The search of the iPhone also resulted in the recovery of deleted text conversations between Ostrowski and a minor female victim, who communicated for at least a year over Kik and SnapChat, while the minor female was 15 and 16 years old. During that time, Ostrowski requested that she send him “nudes.” On February 5, 2020, another federal search warrant was executed at the defendant’s residence. Investigators located a computer, which contained 178 image files and five videos of child pornography, a majority of the files depict minors under the age of 12.

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

Sentencing is scheduled for June 7, 2022, before Judge Sinatra.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Syed Ahmad, 47, of Chicago, Illinois, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated Ahmad received marijuana and marijuana-based products from a co-conspirator and drove the marijuana and marijuana products to various customers across the United States, including in Western New York, for further distribution. On December 31, 2017, in Morgan County, Illinois, investigators recovered approximately 1,000 lbs. of marijuana from an RV driven by Ahmad. 

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.

Sentencing is scheduled for June 7, 2022, before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Cody Fingland, 23, of Webster, NY, who was convicted of possession with intent to distribute cocaine and possession of firearm in furtherance of a drug trafficking crime, was sentenced to serve 84 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on February 22, 2021, law enforcement officers observed Fingland sell marijuana and THC vape cartridges to another person in exchange for cash. Subsequently, officers conducted a search of a residence on South Clinton Avenue where Fingland had been staying. During the search, officers recovered 30 grams of cocaine, 572 grams of marijuana packaged for sale, 83 oxycodone pills, a scale, a loaded 22-gauge shotgun, and a box of additional ammunition. Fingland maintained the residence to prepare, manufacture, package, sell, and store controlled substances. Also on February 22, 2021, officers searched a residence on Whiting Road in Webster, NY, where Fingland had previously lived with his parents, and recovered 11 kilograms of marijuana, various THC products packaged for sale, 85 clonazepam pills, and a scale. In addition, on December 4, 2020, law enforcement intercepted two packages containing marijuana intended for Fingland. 

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley, 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, and the Webster Police Department, under the direction of Chief Dennis Kohlmeier.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Joseph Marchione, 51, of Rochester, NY, who was convicted of possession with intent to distribute 50 grams or more of methamphetamine, was sentenced to serve 72 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that on January 5, 2021, U.S. Customs and Border Protection Officers in Anchorage, Alaska, intercepted a FedEx parcel originating from China and addressed to Joseph Marchione, which contained approximately eight kilograms of 1,4 butanediol (BD), a controlled substance analogue of Gamma Hydroxybutyric Acid (GHB). Homeland Security Investigations conducted a controlled delivery of the parcel to Marchione’s apartment in Rochester on January 21, 2021. After Marchione accepted the package, agents entered the residence and executed a search warrant. During the search, they seized 225 grams of methamphetamine, approximately 1,327 grams of Gamma-butyrolactone (GBL), which is also similar to GHB, digital scales, new and unused plastic baggies, numerous new and unused glass vials, and approximately $19,400.00 in cash. Marchione was taken into custody.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, the United States 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 Michael Woods, 33, of Buffalo, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 88 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Jeremiah E. Lenihan, who handled the case, stated that since August 2019, the FBI’s Safe Streets Task Force has been investigating the Fruit Belt Gang, whose members are allegedly actively engaged in the distribution of narcotics, firearms offenses, and gang activity.

On July 1, 2020, Central Park Gang (CPG) member Shariff Jackson was murdered in Buffalo, and investigators believe that Fruit Belt Gang members were involved. On July 4, 2020, Woods, and co-defendant Antwaine Parker, were shot on Sycamore Avenue in Buffalo. Woods, who was shot in the head and spine, drove himself to the hospital, after throwing a gun from the scene. A 9mm handgun was recovered on the roof of a nearby building. Woods told investigators that he was driving in the area with an unnamed person but provided no additional information. Investigators believe the shooting could be the result of rival gang activity between CPG and the Fruit Belt Gang.

On July 14, 2020, a Buffalo Police Officer recovered two guns after initiating a traffic stop of Woods’ vehicle. In March 2012, Woods was convicted in state court of Attempted Criminal Possession of Controlled Substances and sentenced to serve five years’ probation. In addition, Woods was sentenced in July 2015 to serve 84 months in prison after being convicted of possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. As a result, both defendants are legally prohibited from possessing a firearm.
Antwaine Parker was previously convicted and is awaiting sentencing.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie Crime Analysis Center, under the direction of Director Dennis Richards.  

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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 Ryan Hamilton, 30, of Bath, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography by an individual with a prior conviction. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in August 2016 and again in September 2017, Hamilton was convicted in Steuben County Court of Possessing Sexual Performance by Child Less than 16. In October 2019, while being supervised by New York State Parole, Hamilton possessed approximately 87 videos and 1,124 images of child pornography on an SD card. Some of the images and videos included children under the age of 12 and depictions of violence.

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 New York State Police, under the direction of Major Barry Chase, and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.

Sentencing is scheduled for April 19, 2022, before Judge Siragusa.

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

ROCHESTER, N.Y. — U.S. Attorney Trini E. Ross announced today that Joshua Vandervoort, 39, of Rochester, NY, who was convicted of possession of child pornography involving prepubescent minors, was sentenced to serve 30 months in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa. Vandervoort was also ordered to pay $42,000 in restitution to victims.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that on March 2, 2021, the defendant possessed approximately 450 images of child pornography on a laptop computer. Some of the images included prepubescent minors or minors under 12 years old, and depicted the minors being subjected to violence.

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

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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 John Douglas Looney, 79, of Rochester, NY, with three counts of possession of child pornography by an individual with a prior conviction. Each charge carries a mandatory minimum penalty of 10 years in prison and a maximum of 20 years.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that Looney was previously convicted on a federal charge of possession of child pornography. According to the indictment, On March 1, 2019, Looney possessed over 750,000 images of child pornography involving prepubescent minors.
Looney made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen 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.

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 Raymond Hardy, 30, of Greenville, Mississippi, who was convicted of dealing firearms without a license, was sentenced to serve 24 months in prison by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that during the Spring and Summer of 2020, Hardy was a member of a firearms trafficking organization that brought numerous firearms to the Rochester area from Mississippi. The firearms were obtained from licensed firearms retailers and then re-sold at prices well above market value on streets of Rochester. On at least one occasion, Hardy and others unlawfully sold these firearms out of a tent, set up in the back yard of a residence on Jewel Street. On July 3, 2020, Rochester Police Officers executed a search warrant on a vehicle that Hardy, and co-defendants Jahbri Shelton and Hakeem Miller, were riding in. Officers recovered seven firearms, extended magazines, and numerous rounds of ammunition.

Jahbri Shelton and Hakeem Miller were previously convicted and sentenced to serve 12 months and 30 months in prison respectively.

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 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 Corrine Little, 38, of Webster, NY, was arrested and charged by criminal complaint with unauthorized access of a protected computer. The charge carries a maximum penalty of five years in prison.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, in May 2021, Little, a temporary manager for a wireless telephone provider, received text messages from an unknown individual offering to pay her to conduct SIM (subscriber identity module) Swaps. “SIM Swapping” is the unauthorized takeover of a victim’s wireless account, carried out by linking a victim’s mobile phone number to a SIM installed in a device controlled by the perpetrator of the swap. Little is accused of conducting five SIM Swaps, receiving $600 for each swap.  

The complaint is the result of an investigation by the Buffalo and Newark, NY, Offices of the Federal Bureau of Investigation.

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 announced today that Wade J. Paulisick, Jr., 25, of Jamestown, NY, who was convicted of possession with intent to distribute 100 grams or more of acetyl fentanyl, an analogue of fentanyl, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Charles E. Watkins and Joshua A. Violanti, who handled the case, stated that in September 2019, a search warrant was executed at Paulisick’s residence on Tower Street in Jamestown. Investigators seized narcotics including quantities of acetyl fentanyl, fentanyl and methamphetamine, and a stolen handgun.

The sentencing is the result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall; the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley; and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb.

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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 Devin Tribunella, 37, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to transportation of stolen goods in interstate commerce. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that Tribunella owned and operated Royal Crown Pawn & Jewelry on Dewey Avenue in Rochester. Tribunella and his employee, Wade Shadders, purchased stolen goods and merchandise from individuals, commonly referred to as “boosters,” who shoplifted the goods and merchandise from Rochester area retail stores. Tribunella routinely advised the boosters what type of merchandise to steal from the retail stores, such as Lowes, Home Depot, Target, and Walmart, and then paid the boosters a fraction of the true retail value for the goods. Tribunella listed the stolen goods for sale on eBay, advertising the goods as “New” or “New-In-Box” and priced below retail value. Between January 2017, and November 2019, Tribunella sold and shipped (or caused to be shipped) approximately $3,248,426 worth of those stolen goods to buyers located outside of New York State.

As part of his plea, Tribunella will forfeit over $200,000 cash, four luxury vehicles, and will be required to pay a $1,600,000 money judgement.

Wade Shadders was previously convicted and is awaiting sentencing.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Interim Chief David Smith; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Greece Police Department, under the direction of Chief Michael Wood; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley. 

Sentencing is scheduled for April 19, 2022, before Judge Siragusa.

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Soroush Hamedi, 27, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, was sentenced to serve 180 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Hamedi was part of a group of individuals who ran a drug house at 192 Weaver Street in Rochester. Hamedi and others sold quantities of fentanyl and cocaine from the house between January 2018 and February 25, 2020. On February 25, 2020, investigators executed a search warrant at Hamedi’s residence on Dale Street in Rochester and seized a clear plastic bag containing 10 grams of fentanyl.

Hamedi also admitted to selling a quantity of fentanyl to a 27-year-old female who later suffered a non-fatal overdose.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Timothy Foley, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; 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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Perry Santillo, 41, of Rochester, NY, who was convicted of conspiracy to commit mail fraud, mail fraud, and conspiracy to launder money, was sentenced to serve 210 months in prison by U.S. District Judge Frank P. Geraci, Jr. Santillo was also ordered to pay restitution totaling $102,952,582.77.

Assistant U.S. Attorney John J. Field, who handled the case, stated that between January 2008 and June 2018, Perry Santillo conspired with Christopher Parris and others, to obtain money through an investment fraud commonly known as a Ponzi scheme. In 2007, Santillo and Parris, as equal partners, formed a business known as Lucian Development in Rochester, which raised millions of dollars from investors in Rochester, and elsewhere, by soliciting investments for City Capital Corporation, a business operated by Ephren Taylor. In July 2007, Santillo and C.P. were advised by Ephren Taylor that their investors’ money had been lost. In response, in August 2007, Santillo and Parris agreed to acquire the assets and debts of City Capital Corporation. The acquisition proved financially ruinous, with the amount of the acquired debt far exceeding the value of the acquired assets. Taylor was later prosecuted and convicted of operating a Ponzi scheme.

Subsequently, Santillo and Parris chose not to disclose the truth to investors that their money was gone. Instead, they continued to solicit ever-increasing amounts of money from new investors in an unsuccessful attempt to recoup the losses. In order to find potential investors to solicit and defraud, Santillo and Parris purchased the businesses of at least 15 investment advisors or brokers, located in Tennessee, Ohio, Minnesota, Nevada, California (5 businesses), Florida, South Carolina (2 businesses), Texas, Pennsylvania, Maryland, and Indiana. Over the years, to keep the Ponzi scheme from being detected, a substantial portion of incoming new investor monies were depleted by making promised interest and other payments to earlier investors. Most of the rest of incoming investor money was used by Santillo and Parris to finance lavish lifestyles, expand the scheme by purchasing investment advisor/brokerage businesses to obtain access to fresh investors, and to pay operating expenses – salaries for a sales force and administrative staff, office rents and related expenses, housing for employees, and interest on loans. 

Between January 2012 and June 19, 2018, Santillo and Parris obtained at least $115.5 million from approximately 1000 investors. By the time the scheme collapsed in late-2017/early 2018, Santillo and Parris had returned approximately $44.8 million to investors as part of their scheme but continued to owe investors approximately $70.7 million.

“For years, Perry Santillo preyed on investors who placed their trust in him to properly invest their hard-earned money,” stated U.S. Attorney Ross. “However, Santillo abused the trust of those investors to finance his own self-interests. Because of the hard work of law enforcement to expose Santillo’s fraudulent scheme, he is facing the consequences of his actions, including going to prison.”

“IRS-CI agents are known for following the money trail, and in this case, it stretched nearly a decade long and involved more than 1,000 victims and $100 million,” said Thomas Fattorusso, Special Agent-in-Charge of the IRS-CI New York Field Office. “I am grateful to our agents and law enforcement partners who helped unravel this Ponzi scheme, and I hope the scheme’s victims have closure today knowing that justice was served.”

Christopher Parris was previously convicted and is awaiting sentencing.

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Ketty Larco-Ward, Boston Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia; the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Jonathan Mellone, Special Agent-in-Charge, New York Region, the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; and the Securities and Exchange Commission.

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