Western District of New York

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Shermart D. Merriwether, 26, of Rochester, NY, who was convicted of distribution 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 Merriwether was part of a group of individuals who ran a drug house at 192 Weaver Street in the City of Rochester. Merriwether and others sold quantities of fentanyl from the house in 2018 and 2019. Merriwether admitted to selling a quantity of fentanyl to a 24-year-old female who suffered a non-fatal overdose at a gas station on East Ridge Road in Irondequoit, NY. The victim ingested the fentanyl and then lost consciousness while at a pump at the gas station. Irondequoit Ambulance personnel responded and gave the victim Narcan, after which she regained consciousness. Merriwether admitted that, if emergency personnel had not administered Narcan to the victim, there was a substantial risk that she would have died from fentanyl toxicity.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall, New York Field Division; 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 Smith.

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

BUFFALO, N.Y.--U.S. Trini E. Ross announced today that Takeya Rainey, 45, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, oxycodone, hydrocodone, and amphetamine, was sentenced to time served and five years’ supervised release by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $1,304.89 to Medicare Part D; Medicaid; Fidelis Care, and Independent Health.

Assistant U.S. Attorney Joshua Violanti, who handled the case, stated that between September 2017 and February 2018, Rainey conspired with co-defendant Dr. James T. Keefe, a New York State licensed physician and a DEA Registrant, and others, to sell oxycodone, hydrocodone, and amphetamine. During this time, Rainey began to sell Adderall, prescribed by her physician, to Keefe, until her physician stopped prescribing her the drug. In the summer of 2017, Keefe began to write prescriptions in Rainey’s name, which Rainey filled and then split with Keefe. Keefe told Rainey, “Give me half, and you keep half.” Rainey then gave Keefe the names of her relatives and associates so that Keefe could use the information to write more prescriptions for controlled substances for the two to share. Rainey was issued 19 prescriptions in her own name 44 prescriptions in the names of relatives and associates by Keefe. Some of these relatives and associates had knowledge of the scheme, and willingly participated.

Keefe was convicted and sentenced to serve 60 months in prison.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall, New York Field Division.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Nikita Burt, 38, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of firearms. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, members of the Drug Enforcement Administration and the Buffalo Police Department executed a search warrant at a Mortimer Street residence, an address known to be utilized by Burt. During the search, three handguns with defaced serial numbers were recovered. In 2013, Burt was convicted on a federal charge of distributing crack cocaine and is legally prohibited from possessing firearms.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on January 19, 2022, at 3:00 p.m. before Judge Schroeder.

The criminal complaint 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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

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

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that James Terrell, 37, of Buffalo, NY, who was convicted of possession with intent to distribute 500 grams or more of cocaine, was sentenced to serve 60 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that in the summer of 2019, investigators learned that Terrell was involved in bulk currency money drops. On August 20, 2019, Terrell was observed exchanging a bag and a traffic stop was conducted on Terrell’s vehicle. Investigators seized $80,110 and two cellular telephones from inside the center console of the vehicle. On April 9, 2020, Terrell was observed leaving an Earl Place residence with a package, which contained a kilogram of cocaine. 

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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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 Jun N. Martinez, 28, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of acetyl fentanyl; 400 grams or more of fentanyl; 50 grams or more of methamphetamine; and 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that during the conspiracy, Martinez received several large packages of cocaine, methamphetamine, and heroin via mail from an out of state source. He also provided large quantities of crystal methamphetamine and heroin/fentanyl to an individual known to law enforcement, who then sold the drugs to others for profit. The individual then provided additional funds to Martinez for more narcotics. 

During a trip in September 2020, to acquire more narcotics, Martinez’s vehicle was stopped by an Illinois State Police Trooper. A search of the vehicle resulted in the seizure of approximately 9,589 grams of methamphetamine, 3,157 grams of fentanyl, 2,241 grams of cocaine, and marijuana products. In October 2020, during the execution of a search warrant at Martinez’s Wescott Street residence, investigators recovered methamphetamine, drug paraphernalia, a drug ledger and approximately $62,000.

The plea is the result of an investigation by the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall, New York Field Division.

Sentencing is scheduled for July 6, 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 Alicia Raynor, 44, of Westfield, NY, who was convicted of wire fraud and filing a false tax return, was sentenced to serve 18 months in prison and 18 months home detention by U.S. District Judge John L. Sinatra, Jr. The defendant was also ordered to pay restitution totaling $799,625.27. 

Assistant U.S. Attorneys Russell T. Ippolito and John D. Fabian, who handled the case, stated that while working as the business manager for Compassion at Home, Inc., Raynor opened an account with Intuit, Inc., a payroll and payment processing service located outside the state of New York, and used the accounting software package Quickbooks to make payments into the Intuit account. Raynor then diverted money from Compassion at Home’s bank accounts to accounts that she controlled. In order to avoid detection, Raynor disguised Quickbook entries to make it appear that the payments were to Bank of America, Capital One, or Compassion at Home employees.

Between August 2015 and June 2016, Raynor fraudulently diverted approximately $238,871.58 from the company’s bank account. In addition, for the tax years 2013 through 2016, Raynor received $1,214,444 in payments from Compassion at Home that she did not report as income on her tax returns for those years. The Internal Revenue Service estimates tax owed for these tax years is $370,005.

The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Steven Belongia, the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent in Charge, New York Field Office, and the Westfield Police Department, under the direction of Chief Robert Genther.

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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 the Justice Department has awarded grant funding to 17 organizations totaling $10,369,180, to support criminal justice initiatives across the Western District of New York.

“These grants have been awarded to a variety of school districts, police departments, social service agencies, and local governments across the 17 counties of the Western District of New York,” stated U.S. Attorney Ross. “The funding will be used to address deadly gun violence, human trafficking, and provide services to victims of crime. The funding will also allow a number of the grantee organizations to be proactive, focusing on youth suicide prevention, mentoring, and youth engagement.” 

Grants have been awarded to address the following areas:

Human Trafficking:

• The International Institute of Buffalo has been awarded three grants totaling $2,015,000 to combat human trafficking through collaboration between law enforcement and service providers, to provide housing assistance grants to victims of human trafficking, and to provide services for youth victims of labor trafficking.
• The Erie County Bar Association Volunteer Lawyers Project, Inc. has been awarded $800,000 to provide legal services to victims of human trafficking. 
• Erie County has been awarded $750,000 for efforts to combat human trafficking.

Victims Services:

• The Seneca Nation of Indians has been awarded $422,695 to provide culturally appropriate victim services.

Services for Youth:

• Compeer West, Inc. has been awarded $1,200,000 to support expansion of its multi-state mentoring program.
• The Sodus Central School District has been awarded $999,936. Sodus, along with the Lyons and Newark Central School Districts, will serve five high need rural school buildings. The Forming Attachment to Reduce Risk program will improve student safety for over 1,900 students.
• The North Rose-Wolcott Central School District has been awarded $989,902 for the Improving School Safety by Re-Engaging Youth Initiative. The district will partner with the Wayne County Sheriff’s Office to focus on 9th - 12th graders.
• The Seneca Falls School District has been awarded $526,191 to focus, along with the Romulus and South Seneca School Districts, on preventing youth suicide. With a high rate of suicide in Seneca County, the district will focus on training, prevention, and intervention to respond to student mental health in an effort reduce the number of students who contemplate, attempt, and/or commit suicide.
• The Olean City School District has been awarded $424,997 from the COPS School Violence Prevention Program for school safety measures in and around primary and secondary schools.

Law Enforcement Initiatives:

• Monroe County has been awarded $436,734 to ease the backlog of items awaiting DNA testing at the Monroe County Crime Laboratory.
• The City of Buffalo has been awarded $257,047 to support criminal justice initiatives.
• The City of Rochester has been awarded $164,896 for violence prevention, crisis intervention services, and victims assistance.
• Erie County has been awarded $45,000 to prosecute cold cases using DNA in Buffalo and Erie County.
• The City of Niagara Falls has been awarded $40,648 to support criminal justice initiatives.
• The Research Foundation for the State University of New York at Geneseo has been awarded $27,399 for police body worn cameras for the SUNY Geneseo Police Department.
• The City of Jamestown has been awarded $18,150 to purchase portable radios for the Jamestown Police Department.

Reentry and Recidivism Initiatives:  

• Monroe County has been awarded $700,000 for its Swift, Certain, and Fair Program, which focuses on reducing recidivism of firearm offenders.
• Catholic Charities of the Diocese of Rochester has been awarded $218,413 to support the Steuben and Livingston Counties Second Chance Reentry Program.

Opiate Initiatives:

• Chautauqua County has been awarded $899,910 to create the Chautauqua Comprehensive Addiction Response and Evaluation System (Chautauqua CARES), a county-wide, multi-sector network of law enforcement, behavioral health, and other community agencies collaborating to increase the accessibility, timeliness, and effectiveness of help for individuals with substance use disorders and their families.

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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 Dallas Porter, 36, of Niagara Falls, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession with intent to distribute, and to distribute, fentanyl and possession with intent to distribute methamphetamine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that in February 2021, Porter participated in supplying fentanyl to two individual users which resulted in overdoses, one of which was fatal. On February 7, 2021, the Lockport Police Department responded to a 911 call at a 7-11 on Park Avenue. Officers arrived and found one individual in a vehicle in the parking lot and another inside the 7-11 on the floor, both were unresponsive and unconscious. After locating a baggie containing a white powdery substance, first responders administered Narcan. The individual in the car became responsive and survived. The individual inside the store did not survive, dying as a result of “acute fentanyl intoxication.” Porter was subsequently arrested and at the time of her arrest was found with methamphetamine in her possession. 

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall and Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti. 

Sentencing is scheduled for March 30, 2022, before Judge Skretny.   

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Garson E. Butcher, 29, and Alisha D. Centi, 26, both of Jamestown, NY, with distribution of fentanyl causing death, narcotics conspiracy, and using and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 20 years in prison and a maximum of life. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between March 2020, and June 2021, Butcher and Centi conspired with others to possess and sell heroin, fentanyl, and methamphetamine. On March 29, 2020, Butcher and Centi are accused of selling fentanyl which resulted in the death of an individual identified as T.R. In addition, Butcher and Centi allegedly used residences on Fairview Avenue and Roland Road to manufacture and distribute heroin, fentanyl, and methamphetamine. 

The defendants made an initial appearance before U.S. Magistrate Judge Michel J. Roemer and are being held pending a detention hearing. 

The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone.

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 Richard Stenhouse, 76, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge Williams M. Skretny to filing a false tax return. The charge carries a maximum penalty of three years in prison and a $250,000 fine. 

Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that Stenhouse received approximately $397,942 in salary payments from the Bethel African Methodist Episcopal Church that he did not report as income on his tax returns for the tax years 2014 through 2018. The Internal Revenue Service estimates the taxes due for these tax years is $95,896.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Christina Scaringi. 

Sentencing is scheduled for May 18, 2022, at 11:00 a.m. before Judge Skretny.    

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Shelby Holcomb, 33, of Buffalo, NY, who was convicted of being a felon in possession of ammunition, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorneys Brendan T. Cullinane and Meghan E. Leydecker, who handled the case, stated that in August 2007, Holcomb was convicted of robbery in Erie County Court and as a result is legally prohibited from possessing ammunition. On June 12, 2019, the Buffalo Police Department executed a search warrant at his Olympic Avenue residence and recovered 119 rounds of ammunition. 

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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Yusef E. Malik Myrick, 22, of Falconer, NY, was arrested and charged by criminal complaint with production, receipt, and distribution of child pornography. 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, 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. He used names such as Azrael Lust and Chi Fazo on Facebook, Sef Johnson on Instagram, and Lovely Lil Sociopath and Antwan Johnson on Snapchat.

“I commend our law enforcement partners for tracking down this defendant, who is accused of engaging in a pattern of threatening behavior to numerous minor victims and taking him into custody” stated U.S. Attorney Ross. “I would encourage other victims to come forward and report any unlawful experience they may have had with Myrick.”  

Chautauqua County Sheriff James B. Quattrone stated, “As we continue working alongside our Federal, State, and Local partners we are able to arrest predators like this defendant. We must continue the interagency cooperation and working partnership with our community to eliminate these types of crimes and keep vulnerable people safe.”

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 Courtland Renford, 22, of Buffalo, NY, who was convicted of rioting, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who handled the case, stated that on May 30, 2020, the defendant participated in the looting and rioting of a 7-11 convenience store located on the corner of Elmwood Avenue and Summer Avenue in Buffalo. At approximately 10:10 p.m., a large group shattered the front door of the 7-11 and began looting the store. Renford was one of the first individuals to enter the 7-11 and his conduct was captured on surveillance footage. 

Later that same evening, at approximately 11:25 p.m., Renford participated in a public protest near Buffalo City Hall, resulting in significant property damage and looting. During the protest Renford threw a burning laundry basket into a broken window of Buffalo City Hall, resulting in a fire inside the building. Buffalo firefighters extinguished the fire, which damaged and/or destroyed items inside Buffalo City Hall. 

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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Timothy Wright, 33, of Phelps, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to production of child pornography, which carries a mandatory minimum penalty of 15 years in prison and a maximum of 30 years. Wright also pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, which carries a mandatory minimum penalty of 10 years in prison and a maximum of life. 

Assistant U.S. Attorneys Melissa M. Marangola and Katelyn M. Hartford, who are handling the case, stated that in July 2019, Snapchat reported a cybertip to the National Center for Missing and Exploited Children involving a Snapchat subscriber who uploaded two files of suspected child pornography. A subsequent investigation determined that the Snapchat subscriber was Timothy Wright. On May 18, 2020, the New York State Police executed a search warrant at Wright’s residence and seized multiple electronic devices, including a cell phone, a laptop, and a hard drive. A forensic analysis of the electronic devices uncovered approximately 8,462 images and video files of child pornography. These included a video and images of Wright sexually abusing a minor child.  

On July 29, 2020, Wright provided methamphetamine to his wife and co-defendant Alicia Wright who then sold the methamphetamine to an undercover police officer. After the controlled purchase was complete, the Ontario County Sheriff’s Office executed a search warrant at the Wrights’ residence on Bear Street in Phelps, NY. Investigators recovered approximately $10,000 in United States currency, approximately 64 grams of methamphetamine, and a digital scale. Alicia Wright was charged and convicted and is awaiting sentencing.

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

Sentencing is scheduled for April 21, 2022, at 3:00 p.m. before Judge Geraci. 

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Timothy Myers, 37, of Freehold, NJ, who was convicted of production of child pornography and cyberstalking, was sentenced to serve 240 months in prison by U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that between December 2016 and August 2017, Myers, using the names “CJ Mikowski” and “Colin James,” communicated via Facebook with five minor girls, who ranged in age from 13-16 years old and lived in the Western District of New York. Myers, who pretended to be a boy close in age to the minor girls, coerced or attempted to coerce, each of the minor girls into sending sexually explicit visual depictions of themselves. Myers also transported one victim from New York State to New Jersey and engaged in sexual intercourse with her, and distributed sexually explicit images of the victim over Facebook. 

Between March and August 2017, Myers, while residing in New Jersey, contacted four of the victims, made the victims believe that he was in a relationship with them and requested that they produce additional sexually explicit images of themselves. Myers told the victims that if they did not send him these images, he would distribute previously sent images of the victims. This caused the victims to suffer substantial emotional distress as a result of repeated and sustained harassment.           

The sentencing is the result of an investigation by New York State Police, under the direction of Major James Hall, 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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Mark Rogers, 38, Joseph Way a/k/a Gus, 36, and Tashara Levans, 37, all of Rochester, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to the kidnapping of a federal employee. The charge carries a maximum penalty of life in prison.  

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

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

Sentencing is scheduled for April 11, 2022, before Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Joshua Sattora, 37, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 108 months in prison by Chief U.S. District Judge Elizabeth A. Wolford. 

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between December 2017, and August 2018, Sattora and co-defendant Rebecca Woodin engaged in a series of text messages during which Woodin sent approximately 14 sexually explicit images of a minor to Sattora. During this same time, Sattora also sent images of child pornography to Woodin. In total, Sattora possessed at least 923 images and 362 videos of child pornography on two cellular telephones and three computers. Rebecca Woodin was previously convicted and sentenced to serve 180 months in prison. 

The sentencing is a result of an investigation by the Department of Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major Barry Chase; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

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

BUFFALO, NY – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Rochester Institute of Technology was awarded $148,584 to administer PSN grant funds in the Western District of New York. 

The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.

“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”

“Like many areas across the country, several communities in Western New York are experiencing an increase in violence, particularly gun violence,” stated U.S. Attorney Ross. “These Project Safe Neighborhood funds will allow us to continue working collaboratively with our law enforcement partners on proactive efforts to reduce gun violence in our communities.” 

Grant funds will support the Crime Analysis Centers in Erie, Niagara, and Monroe Counties. The funding will be used to support crime analysts who will focus on efforts to identify and reduce violent disputes.  

“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”

In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.

In addition to awarding PSN funding, the Office of Justice Programs (OJP) has also awarded to other organizations in the Western District of New York, including:

•    The International Institute of Buffalo has been awarded $2,015,000 to combat human trafficking through collaboration between law enforcement and service providers, to provide housing assistance grants to victims of human trafficking, and to provide services for youth victims of labor trafficking.
•    Compeer West, Inc. has been awarded $1,200,000 to support expansion of its multi-state mentoring program.
•    Monroe County has been awarded $700,000 for its Swift, Certain, and Fair Program, which focuses on reducing recidivism of firearm offenders.
•    The City of Rochester has been awarded $164,896 for violence prevention, crisis intervention services, and victims assistance.
•    The City of Niagara Falls has been awarded $40,648 and the City of Buffalo has been awarded $257,047 to support criminal justice initiatives.
•    The Seneca Nation of Indians has been awarded $422,695 to provide culturally appropriate victim services.
•    The City of Jamestown has been awarded $18,150 to purchase portable radios for the Jamestown Police Department. 
•    The Erie County Bar Association Volunteer Lawyers Project, Inc. has been awarded $800,000 to provide legal services to victims of human trafficking.  

The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.

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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 CBL/BFL Gang member Dalvon Curry, 25, of Buffalo, NY, who was convicted by a federal jury of two counts of murder in aid of racketeering; racketeering and narcotics conspiracy; possession of firearms in furtherance of a crime of violence; and possession of firearms in furtherance of a drug trafficking crime, was sentenced to serve life in prison plus 25 years by U.S. District Judge Lawrence J. Vilardo.  

Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, and Christopher O. Taylor, of the Department of Justice Organized Crime and Gang Section, who handled the prosecution of the case, stated that the defendant was a member of the CBL/BFL Gang which stands for, among other things, “Cash Been Long” and “Brothers for Life.” Identified as a “shooter” in the gang, Curry shot and killed rival gang member Jaquan Sullivan on December 5, 2015. He also shot and killed Xavier Wimes on January 1, 2017.

The gang was formed around 2009 and operated primarily in the City of Buffalo at the Towne Gardens Housing Complex, which served as a central hub for the gang. Many members lived within the housing complex, and many housing units were used to store firearms and narcotics. Members utilized parking lots and a retail plaza adjacent to the Towne Gardens to distribute narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other controlled substances.

The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat. Any attack on a member of their gang typically resulted in retaliation by all. Members and associates also used social media, such as Facebook and Snapchat, to display gang affiliation, brandish firearms, display quantities of currency and narcotics, and show participation in violent acts. They also produced, sang, and appeared in music videos at locations in and around the gang's territory that promoted the enterprise and its activities.

CBL/BFL gang members also threatened witnesses who they suspected might testify or provide information to law enforcement about the crimes committed by the gang.

Twelve other CBL/BFL Gang members and associates were previously convicted and sentenced. They include:

• Shawn Woods, a/k/a Pif; • Michael Walker, a/k/a Yam; • Mikel Lowe, a/k/a L-O; • Aaron Mack, a/k/a Dean, a/k/a Deano; • Shameris Washington, a/k/a GB; • Maurice Rice, a/k/a Reese; • Miquise Jones, a/k/a Scaife; • Dajon Nettles, a/k/a Gucc; • Larell Watkins, a/k/a 90-Ls; • Larry Watkins, Jr.; • Larquon Watkins, a/k/a 90; and
• Rashad Rose, a/k/a Gotti.

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

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief Brian Gould; Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief Mark Packard; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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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 Daniel Hays, 42, of Bliss, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve five years in prison and 10 years supervised release by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that during April and May of 2021, Hays engaged in sexually explicit online and text communications with an individual who he believed to be an 11-year-old girl. In reality, the child was an undercover New York State Police Investigator working with the Department of Homeland Security. During the conversations, Hays discussed having sex with the child, and asked the child to produce and send to him naked photographs. On May 11, 2021, Hays traveled approximately two hours from Bliss to the child’s home in the Western District of New York, in order to have sex with the child. Hays was arrested upon his arrival at the meeting place, at which point he was found to be in possession of candy that he purchased as a gift for the child.   

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Barry Chase 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 David Mondore, 30, of New York, New York, who was convicted of accessing a protected computer without authorization and, by means of such conduct, furthering the intended fraud and obtaining anything of value, was sentenced to serve six months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that between July 2018 and August 2020, the defendant gained unauthorized access to, and control of, Snapchat accounts belonging to third parties. After doing so, Mondore often located nude “selfie” photos saved in the victims’ “My Eyes Only” folder, which the defendant then saved to his own phone. Mondore gained unauthorized access to Snapchat accounts belonging to 14 victims in the Western District of New York. The defendant admits that he gained unauthorized access to at least 300 Snapchat accounts belonging to victims both in the Western District of New York and elsewhere.

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 Donyell Williams, 27, of Michigan, who was convicted of high-speed flight from an immigration checkpoint, was sentenced to serve six months home confinement and two years’ probation by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on March 5, 2021, at approximately 9:54 p.m., Williams was driving a Jeep Commander with Ohio license plates on the Lewiston-Queenston Bridge. Co-defendant Johnny Greer, 19, was a passenger in the vehicle. As the defendants drove towards the Lewiston Port of Entry, they failed to stop for federal inspection despite numerous “stop” signs posted by Customs and Border Protection. Williams instead proceeded to accelerate through a commercial truck lane and then drove around a tire deflating strip. While being pursued by CBP officers and the New York State Police, Williams drove on the I-190 south to I-90 west at speeds ranging from 95 mph to 110 mph.  A few hours later, at approximately 12:30 a.m. on March 6, 2021, the Jeep Commander was located on the side of the road in the vicinity of Dunkirk, NY, and Williams and Greer were arrested.

Greer was previously convicted and sentenced to serve six months in prison

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and the New York State Police, under the direction of Major Jennifer H. Gottstine.

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

BUFFALO, N.Y. – The United States Attorney’s Office announced today that LSA Strategies LLC, a media production and political consulting firm located in Buffalo, NY, which was convicted of wire fraud, was ordered to pay restitution totaling $8,283.59 by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that Steven M. Casey organized LSA Strategies under the laws of New York State on June 6, 2012. Between August 20 and September 19, 2012, LSA Strategies devised a scheme to defraud a candidate (Candidate 1) running for the New York State Senate 60th District.

Steven Casey provided consulting services to Candidate 1, including arranging for campaign mailings to be printed by Company 1. In doing so, Casey requested that Company 1 increase each of its invoices to Candidate 1 by a specified amount. However, Casey did not inform Candidate 1 of the increase in the amount of the invoices, rather Casey led the candidate to believe that he was working on a voluntary basis. Candidate 1 was unaware that Company 1’s invoices were being increased to provide sums of money to Casey and LSA. After Candidate 1 paid the invoices, Company 1 paid LSA the amount by which the invoices had been increased. In total, Company 1 paid LSA $8,283.59.

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 a federal jury has convicted George H. Moses, 52, of Rochester, NY, on 28 of 29 counts for his role in defrauding three nonprofit organizations; Rochester Housing Charities (RHC), which provides housing to the elderly and disabled; the North East Area Development (NEAD), which assists low-income residents in the northeast quadrant of Rochester; and Quad A for Kids, which provided after-school and extended-day learning programs at some elementary schools in the Rochester City School District. Moses was also the Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA). The charges include mail fraud, wire fraud, federal program fraud, tax fraud, money laundering, and lying to the FBI. The charges cumulatively carry a maximum penalty of more than 200 years in prison. 

Assistant U.S. Attorneys Richard A. Resnick, Melissa M. Marangola, and Meghan K. McGuire, who handled the prosecution of the case, stated that Moses used money from the RHC and grant funds earmarked for the community for his own personal use, including to purchase a vehicle, a time share in Florida, a cruise, tickets to a New York Knicks game at Madison Square Garden, health products, car repairs for his family’s vehicles, personal credit card payments, and multiple trips to Canada to visit his girlfriend at the apartment they had in Canada. Moses also paid wages to approximately 17 family members employed by NEAD and RHC.

In addition to defrauding Rochester Housing Charities and the Rochester Housing Authority, Moses was also convicted of:

• Two counts of lying to the FBI regarding his hiring of Adam McFadden as a subcontractor for RHC in 2015. McFadden, a former city councilmember, pleaded guilty to defrauding RHC with respect to the subcontract and is awaiting sentencing. Moses concealed the fact that he hired McFadden after McFadden was forced to resign as the Interim Executive Director of the RHA. 
• Defrauding the Dormitory Authority of the State of New York (DASNY).  As Executive Director of the NEAD, Moses applied for a $125,000 grant for renovation of the Freedom Market, owned by Freedom Community Enterprise Inc., a subsidiary of NEAD. After receiving the grant, Moses and a co-conspirator Shirley Boone tricked DASNY into believing that NEAD paid Freedom Community $45,000 for construction work which never occurred.  As a result, DASNY reimbursed NEAD $45,000 to which it was not entitled.   Moses used the funds to pay wages to his family members employed by NEAD.
• Five counts of filing false tax returns for the years 2014 through 2018.  He failed to report income he received from NEAD and the RHC, as well as took false deductions with respect to his wife’s cleaning business and falsely claimed childcare expenses.

“As a leader in the Rochester Housing Authority, George Moses was in a position of trust with access to public funding intended for those most in need in our community,” stated U.S. Attorney Ross. “As a federal jury concluded, George Moses broke that trust, stole public funding, and will now face the consequences for the choices he made.”

The verdict is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Department of Housing and Urban Development, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Machelle Jindra, and Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge.

Sentencing will be scheduled at a later date before Chief Judge Elizabeth A. Wolford who presided over the trial.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Matthew Barber, 53, of Batavia, NY, who was convicted of possession of child pornography and violating supervised release, was sentenced to serve 147 months in prison by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorneys Aaron J. Mango and Michael DiGiacomo, who handled the case, stated that in April 2007, Barber was convicted on a federal charge of possessing child pornography and sentenced to serve 74 months in prison and five years’ supervised release. Barber’s supervised release was revoked on July 5, 2017, after he was unsuccessfully discharged from sex offender treatment. As a result of this violation, Barber was sentenced to six months in prison and five years of supervised release.

On May 20, 2020, Barber was found in possession of and using a cell phone and a USB device to view child pornography. A forensic examination of the cell phone and USB device recovered over 1,000 images and 200 videos of child pornography on the two devices. Barber was subsequently charged and convicted of possession of child pornography. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Brian Gould; the Batavia Police Department, under the direction of Chief Shawn Heubusch; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a two-count indictment charging Daniel DeGroat, 30, of Middletown, NY, with mailing threatening communications. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the indictment, in November 2020, the defendant mailed threatening communications to the Acting Commissioner of the New York State Department of Corrections and Community Supervision, and a federal judge.

The indictment is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the U.S. Marshals Service, under the direction of Marshal Charles Salina.  

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 following a five-week trial, a federal jury has convicted Adrian Goudelock, a/k/a AD, a/k/a Ace, a/k/a Ace Boogs, 39, of Buffalo, NY, of conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine, attempted possession and possession of five kilograms or more of cocaine, and money laundering conspiracy.  The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $20,000,000 fine. In addition, co-defendants Shamar Davis a/k/a Fatboy, 42, and Jai Hunter, 42, were also convicted at trial of conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine, and face mandatory minimum sentences of 10 years in prison and a maximum of life.  

Assistant U.S. Attorneys Michael J. Adler, Jeremiah E. Lenihan, and Seth T. Molisani, who prosecuted the case, stated that Goudelock was a leader in a major narcotic trafficking operation that stretched from Mexico to Buffalo. An investigation into the trafficking operation began in October 2017 following the seizure by HSI Special Agents of approximately 10 kilograms of cocaine and $259,960 in U.S. currency that was being shipped from El Paso, Texas to Buffalo. The investigation utilized intercepted wire and electronic communications through court-authorized wiretaps. Intercepted calls and messages revealed that bulk shipments of cocaine were delivered to Goudelock in the Buffalo area. A total of 27 kilograms of cocaine and nearly $1,000,000 in bulk U.S. currency was seized in 2017 and 2018. The investigation also determined that over 50 additional kilograms of cocaine were delivered to Buffalo during the conspiracy.

During the course of the investigation, nine co-defendants were identified, charged and convicted in the case:

• Eduardo Enrique Valdez
• Edgar Pavia
• Eric Young
• Lance Parker
• Daniel Sterling
• Martin Lopez
• Ivan Rene Rios Bustillos
• Adrian Grier
• Gabrielle McGrady

The investigation has also resulted in the arrest of 21 additional defendants in the Eastern District of Kentucky and the Northern District of Ohio, and seizure of over an additional $2,000,000 and approximately 41 kilograms of cocaine.

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

The verdict is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard and Homeland Security Investigations, El Paso, Texas.

Adrian Goudelock is scheduled to sentencing on April 7, 2022, before U.S. District Judge John L. Sinatra, Jr. who presided over the trial of the case. Shamar Davis and Jai Hunter are scheduled to be sentenced on April 5 and April 6 respectively, also 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 Derek Hagen, 29, of Batavia, NY, was arrested and charged by criminal complaint with producing, receiving, distributing, and possessing child pornography. The charges carry a minimum penalty of five years in prison and a maximum of 30 years.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in September 2020, Snapchat sent a cybertip to the National Center for Missing and Exploited Children (NCMEC) regarding a user that had uploaded images of child pornography to a group chat. After tracing the user to Western New York, NCMEC alerted the New York State Police, who subsequently identified the defendant.

On July 20, 2021, investigators confiscated two computers and a cell phone from Hagen’s apartment in Mount Morris, NY. A forensic analysis uncovered a pattern of child exploitation activity on the devices with the defendant actively producing and distributing child pornography in online chats. During the chats, Hagen and the other individuals traded child pornography and discussed specific children that they had sexually abused or wanted to sexually abuse. To date, analysts have recovered approximately 50,000 of images and videos of child pornography on Hagen’s devices.    

The complaint further states that the defendant worked in several teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center; the Batavia City School District; the Pembroke Central School District; and most recently with the Dansville Central School District.

Members of the public who have information related to this case are asked to contact Homeland Security Investigations at (716) 464-6070 or hsibuffalotips@ice.dhs.gov.
 
The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the National Center for Missing and Exploited Children.    

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

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Maurice Sheftall, 23, of Brooklyn, NY, was arrested and charged by criminal complaint with fraud and related activity in connection with computers and wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, the defendant is accused of obtaining the credentials, including logins and passwords, of customers who had accounts on the wegmans.com website. Sheftall attempted to access approximately 74 different customer accounts, with approximately 59 of these attempts proving successful. Subsequently, the defendant placed approximately 25 fraudulent orders of groceries and other goods, totaling approximately $10,000.

Sheftall made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.

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

The 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 that Jacob R. Loyd, 21, of Rochester, N.Y., who was convicted of carjacking and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 123 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Cassie Kocher and Matthew McGrath, who handled the case, stated that at approximately 6:30 p.m. on June 16, 2019, two victims (Victim A and Victim B) were sitting in a vehicle in the area of 115 Gothic Street in Rochester when Loyd and two others approached the vehicle. Loyd pointed a firearm at Victim A’s head and said, “don't do anything stupid, don't look up or I'll blow your head off,” and he ordered the victims to get out of the car. As Victim A exited the car, Loyd struck him in the head with the firearm. Loyd and the two others then drove away in the vehicle. Police officers recovered the vehicle at approximately 8:25 p.m. near 146 Alphonse Street in Rochester. The radio and hubcaps had been removed from the vehicle. Loyd was taken into custody a short time later with 15 bags of cocaine and a revolver in his possession.

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

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

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced that John Moore, 37, of Rochester, NY, who was convicted of being a felon in possession of a firearm and possession of a firearm with an obliterated serial number, was sentenced to serve 51 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that Moore has four prior felony drug convictions in Monroe, Schuyler, and Steuben Counties and is legally prohibited from possessing a firearm. In April 2020, Rochester Police officers were called to Tremont Street for a report of a man named John in a blue minivan with a gun. Upon arrival, officers saw Moore near the driver door of the blue minivan before he quickly entered a nearby house through the front door. Officers subsequently recovered a silver revolver with an obliterated serial number under the driver seat of the blue minivan. 

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

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

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

BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that Adam Arena, 44, of Little Valley, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to commit bank fraud and engaging in monetary transactions with criminally derived proceeds for his role in fraudulently obtaining and laundering nearly $1 million in funds from the COVID-19 relief Paycheck Protection Program (PPP). The charges carry a maximum penalty of 30 years and a $1,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins and Cory E. Jacobs of the Criminal Division’s Fraud Section, who are handling the case, stated that in May 2020, Arena reinstated his previously inactive business, ADA Auto Group, which had been inactive since 2018. Arena then provided his date of birth, social security number, address, and ADA Auto Group’s Employer Identification Number, Articles of Incorporation, along with a bank account number, for the purpose of facilitating the preparation of a fraudulent Paycheck Protection Program (PPP) loan. On July 27, co-defendant Amanda J. Gloria submitted a PPP loan application for ADA Auto Group to a financial institution via email seeking a $954,000 loan. Along with the application, Gloria submitted fraudulent supporting documents, including tax forms and payroll reports. These documents claimed ADA Auto Group employed 50 people in 2019 with an annual payroll of more than $4.4 million. On August 10, 2020, Arena directed the financial institution to wire the proceeds of the approved PPP loan for ADA Auto Group into a business account controlled exclusively by him. On September 11, 2020, Arena paid Gloria approximately $24,135 in PPP funds for facilitating the submission of the fraudulent PPP loan application. None of the funds Arena received were ever used for business-related expenses.

Charges remain pending against Amanda J. Gloria. 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 Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.

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

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

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Chelsey Hunt, 30, of Jamestown NY, who was convicted of maintaining a drug-involved premises, was sentenced to time serve and three years’ probation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who handled the case, stated that between January and December 2018, Hunt rented the second floor of a residence on Linden Avenue in Jamestown. While living there with her children, Hunt allowed co-defendant Douglas Beardsley to live in the attic. Beardsley conducted a methamphetamine and heroin trafficking operation from the attic. Hunt took an active role in assisting the operation, such as helping with Beardsley’s customers and providing information about police activity around the residence. Hunt also sold small amounts of narcotics for Beardsley and purchased narcotics for her personal use as well. 

Charges remain pending against Douglas Beardsley. 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 Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Jeremy Hernandez, 30, of Rochester, NY, who was convicted of producing child pornography, was sentenced to 30 years in prison and 15 years of supervised release by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in September and October 2018, the National Center for Missing and Exploited Children received information from Tumblr, an electronic service provider, that a user had uploaded several images of child pornography to a blog on Tumblr’s platform. The information was forwarded to investigators at the New York State Police who identified the defendant as the source.  

On October 24, 2019, investigators seized several digital devices, including two cell phones, belonging to Hernandez. A forensic analysis uncovered images and videos on the cell phones, which depicted the defendant sexually abusing an 11- to 12-year-old minor on multiple occasions between 2017 and 2019.

The sentencing is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police Internet Crimes Against Children Taskforce, under the direction of Major Barry Chase; Monroe County Child Protective Services, under the direction of Commissioner Thalia Wright; the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen; 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 Billy D. Henderson, 42, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 100 grams or more of butyryl fentanyl and furanyl fentanyl. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.

Assistant U.S. Attorneys Laura A. Higgins and Charles M. Kruly, who are handling the case, stated that on April 3, 2019, the Erie County Sheriff’s Office and Homeland Security Investigations executed a search warrant at 50 Newton Street in Buffalo, where the defendant lived with his girlfriend and co-defendant Denise Porter. During the search, Henderson and Porter discarded controlled substances out windows of the residence. Subsequently, law enforcement recovered quantities of butyryl fentanyl, furanyl fentanyl, cocaine, fentanyl, and heroin; two digital scales with narcotics residue; a drug press; approximately $7,000 in United States currency; ammunition; and packaging materials for narcotics distribution.

The co-defendant, Denise Porter, was previously convicted and is awaiting sentencing.

The plea is the culmination of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for February 23, 2022, at 10:30 a.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Paul E. Lubienecki, 63, of Hamburg, NY, who was convicted of stalking, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorneys Aaron J. Mango and Charles M. Kruly, who handled the case, stated that on six separate occasions between August 20, 2019, and February 4, 2020, the defendant left harassing and threatening voicemails for Victim 1 relating to the victim’s reporting on the Catholic Diocese of Buffalo, which appeared on Channel 7 WKBW. The defendant, using a TracFone cellular telephone with a phone number that appeared as “unknown,” left the voicemails with the intent to harass and intimidate Victim 1.

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 East Aurora Police Department, under the direction of Chief Shane Krieger.

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

ROCHESTER, NY – U.S. Attorney Trini E. Ross announced today that John Piccarreto, Jr., 38, of Rochester, NY, who was convicted of conspiracy to commit mail fraud and filing a false tax return, was sentenced to serve 84 months in prison by U.S. District Judge Frank P. Geraci, Jr. the defendant was also ordered to pay restitution totaling $19,842,613.66.

Assistant U.S. Attorney John J. Field, who handled the case, stated that between 2017 and June 2018, the defendant conspired with co-defendants Perry Santillo, Christopher Parris and others, to obtain money through an investment fraud commonly known as a Ponzi scheme. The scheme, which was conducted under the umbrella of a business entity called Lucian Development, involved the sale of fraudulent promissory notes that were issued under the names various entities that Santillo and Parris controlled, including Lucian Development. The issuers received money from new investors, and then redistributed that money to repay earlier investors, to pay the expenses of the scheme, and to finance the lifestyles of Santillo, Parris and others involved in the scheme. Piccarreto was initially unaware that the business was a Ponzi scheme when he began working for Lucian Development in March 2012. As he gained experience with investments and obtained a securities license, Piccarreto’s responsibilities increased. By January 2017, the defendant realized that the Lucian Development business was, indeed, a Ponzi scheme after the company stopped paying promised returns to client investors whom he serviced. However, rather than severing his association with Lucian Development, Piccarreto continued to work for Santillo and Parris, knowingly lying to investors by falsely reassuring them that their investments were safe and secure, even though he knew this was not true, and encouraging investors to “reinvest” their fraudulent investments by signing new promissory notes. 

Between January 1, 2017, and June 19, 2018, Piccarreto was involved in defrauding approximately 400 investors out of approximately $18,081,556, which resulted in financial hardship to more than 25 of its investor victims. Piccarreto also admitted that, while working in Texas, he personally solicited and defrauded at least eight investors out of approximately $598,695. In addition, on his 2017 tax return, the defendant claimed a taxable income of $6,576.  In fact, Piccarreto’s taxable income was approximately $538,548, which resulted in the defendant avoided paying income taxes to the IRS in the amount of approximately $159,423.

Perry Santillo and Christopher Parris were previously convicted and are 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, and FBI Scranton Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas Fattorusso, Acting 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 Acting Superintendent Adrienne A. Harris; and the Securities and Exchange Commission.

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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 Brian L. Schumacher, 57, of Penfield, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve eight months in prison and pay restitution totaling $170,000 by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that between April and December of 2016, the defendant conspired with others to defraud two investors, located in Massachusetts and California, out of hundreds of thousands of dollars. The investors wired significant amounts of funding to Schumacher’s company, Integra Diamonds, located in Rochester, NY, to enable Integra Diamonds to purchase diamonds in Africa.

Victim 1, a resident of Massachusetts, wire transferred $100,000.00 from his bank account to an account in the name of Integra Diamonds. During the course of the conspiracy, $30,000 was returned to Victim 1, but not the remaining $70,000 of his initial investment nor any of the promised return on the investment. Victim 2, a resident of California, invested $100,000.00 in Integra Diamonds after receiving a promise for a significant return on the investment. Schumacher used Victim 2’s money to purchase, among other things, 1,211.85 carats of industrial diamonds for $30,296.25. Schumacher then resold those diamonds to a U.S. diamond broker for $11,514 and failed to return any of the proceeds of the sale to Victim 2 notwithstanding Victim 2’s multiple requests for status updates and a return of his funds. These requests by Victim 2 resulted in Schumacher making a number of excuses for the failure of the investment. Integra Diamonds did not repay Victim 2 any portion of the $100,000 loan principle, or interest.

The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Ketty Larco-Ward, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Acting Special Agent-in-Charge.

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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 jury convicted Joshua A. Schohn, 31, of Akron, NY, of two counts of production of child pornography and two counts of possession of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a combined maximum sentence of 100 years, and a $250,000 fine.

Assistant U.S. Attorneys Charles M. Kruly and Laura A. Higgins, who handled the prosecution of the case, stated that, according to the criminal complaint and the evidence introduced at trial, the mother of two girls reported in March 2019 that she had recently discovered child pornography on a laptop computer belonging to her ex--boyfriend, the defendant. In addition, the complainant stated that Schohn took nude videos of her daughters, then eight and six years old (Victim 1 and Victim 2). The defendant was arrested by the New York State Police on charges of assault and possession of a sexual performance by a child.

During the course of the investigation, state and federal investigators determined that Schohn’s laptop contained more than 5,000 images and videos of child pornography. Investigators also learned that, during an October 2018 trip to a water park in Erie, Pennsylvania, the defendant had produced child pornography involving Victims 1 and 2. Schohn admitted to New York State Police Investigators that he had been collecting child pornography for five years.

The verdict is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia, and the New York State Police, under the direction of Major James Hall. 

Sentencing is scheduled for February 23, 2022, at 11:30 a.m. before U.S. District Judge Richard J. Arcara who presided over the trial of the case.

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

BUFFALO, N.Y. – A Rwanda native, most recently residing in Buffalo, New York, has been denaturalized by consent and departed from the United States under an order of removal following the filing of a complaint citing his suspected involvement in the Rwandan genocide in 1994.

According to court documents, Peter Kalimu, aka Pierre Kalimu, aka Fidele Twizere, was living in Rwanda in 1994, when violent conflict erupted between the country’s two major ethnic groups, the Hutus and the Tutsis. During the conflict, often referred to as the Rwandan genocide, members of the majority Hutu population persecuted the minority Tutsis, committing mass murder and looting their property, among other crimes. An estimated 800,000 ethnic Tutsis and moderate Hutus were killed during the three-month genocide. The complaint against Kalimu alleged that he participated in two attacks on Tutsi families in his neighborhood during the genocide, and that he looted property from Tutsi families whose houses he then destroyed. Kalimu denied these allegations.

According to the civil denaturalization complaint, while living in Rwanda, Kalimu went by the name Fidèle Twizere. After he left Rwanda, he used a different name – Pierre Kalimu – and provided only that name, and a new date of birth, on his U.S. immigration forms. Throughout the process of applying for permanent residence and U.S. citizenship, Kalimu never disclosed to the U.S. government his previous identity as Fidèle Twizere or his prior use of a different date of birth. The complaint further alleged that Kalimu’s misrepresentations about his identity precluded U.S. government officials from investigating him and determining that he was not qualified to obtain immigration and naturalization benefits.

Kalimu admitted that he was ineligible for citizenship because he engaged in welfare fraud in New York in 2003-2004 – one of the allegations in the civil denaturalization complaint – and agreed to denaturalization. The Justice Department obtained an order from the U.S. District Court for the Western District of New York, effective Sept. 1, revoking Kalimu’s naturalized U.S. citizenship by consent, and the court entered judgment in favor of the United States on Sept. 30.

In a separate prosecution, in 2018, Kalimu pleaded guilty to, and was convicted of, one felony count of making materially false statements about his true name to federal investigators of the Department of Homeland Security (DHS).

On Oct. 12, a U.S. Immigration Judge in Buffalo, ordered Kalimu’s removal for making materially false statements to procure immigration and naturalization benefits. Kalimu agreed to the entry of the order against him. On Oct. 21, Kalimu departed the United States.

“In seeking to escape his past in Rwanda, Kalimu obscured his true identity and repeatedly lied to immigration officers in order to become a U.S. citizen,” said Assistant Attorney General Kenneth A. Polite Jr. of the plJustice Department’s Criminal Division.

“The United States will not be a safe haven for suspected human rights violators,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Justice Department is dedicated to preventing those who commit human rights violations from evading our immigration laws.” 

“Kalimu’s misrepresentations to the U.S. government paved the way for the defendant to avoid discovery of his past transgressions and to establish a life in the United States, which included benefits afforded to all citizens,” stated U.S. Attorney Trini E. Ross of the Western District of New York. “Because of the diligent work of the various government agencies involved with this investigation to uncover the truth and make amends for the lies and omissions of the defendant, he was rightly prosecuted, was removed from our country, and can no longer escape his actual past.”

“HSI special agents will not cease in our pursuit of identifying and bringing to justice those individuals who have participated in unthinkable war crimes and human rights abuses,” said Executive Associate Director Steve Francis of Homeland Security Investigations (HSI). “In coordination with the HSI-led Human Rights Violators and War Crimes Center in Washington, D.C., our special agents and prosecutors continue to ensure that perpetrators are held accountable and denied safe haven in the United States.”

This matter was litigated by the Department of Justice Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and the Civil Division’s Office of Immigration Litigation (OIL) Enforcement Section; and the U.S. Attorney’s Office for the Western District of New York.

U.S. Immigration and Customs Enforcement’s (ICE) HSI Buffalo and HSI’s Human Rights Violators and War Crimes Unit investigated this matter. Valuable consultation and support were provided by ICE’s Office of the Principal Legal Advisor (OPLA) Human Rights Law Division and the Buffalo Office of the Principal Legal Advisor.

The civil denaturalization case was prosecuted by Senior Counsel Steven Platt of OIL; Assistant U.S. Attorney Daniel Moar for the Western District of New York; Trial Attorney Susan Masling, and Director of Human Rights Enforcement Strategy and Policy Eli Rosenbaum of HRSP, supported by HRSP Chief Historian Dr. Jeffrey Richter. The removal case was litigated by ICE’s Buffalo Office of the Principal Legal Advisor.

Members of the public who have information about foreign nationals or naturalized U.S. citizens suspected of engaging in human rights abuses or war crimes are encouraged to call the ICE tip line at 1-866-DHS-2-ICE or to complete its online tip form.

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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 Arthur Morey, 48, of Olean, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to access with intent to view child pornography following a prior conviction. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that Morey, who was convicted in New York State Court in 1999 of Sexual Abuse in the 1st Degree for sexual contact with a minor, was also sentenced to serve 132 months in prison, and lifetime supervised release, after pleading guilty to a federal charge of possession of child pornography on March 1, 2010.

On May 8, 2019, during a home inspection by a U.S. Probation Officer, the defendant admitted to renting an Asus laptop computer and using that computer to view child pornography via the internet. A forensic analysis of the Asus computer revealed that Morey had accessed the computer and viewed child pornography.

The plea is the result of an investigation by U.S. Probation Department, under the direction of Chief Probation Officer Timothy C. Englerth and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for December 13, 2021, 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 nine defendants were arrested and charged by separate criminal complaints with drug related charges. The charges include conspiracy to possess with intent to distribute, and distributing, five kilograms or more of cocaine, which carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.  Named in the complaints are:

Richmond Sutton; Roland Miller; Kenneth Sutton; Mohamed Diallo; Marcus Holmes; Dejounge Sharpe; Pamela Green; Daryl Green; and
Tavares Wilson.

Investigators also executed a total of 32 search warrants on houses and vehicles associated with the organization during today’s arrests.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that the Drug Enforcement Administration and the Rochester and Greece Police Departments began investigating the narcotics trafficking of Richmond A. Sutton and the other defendants in 2020.  The investigation revealed that they were responsible for the distribution of kilogram quantities of cocaine in the Rochester area. 

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

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 Jordan Sowersby, 27 of Painted Post, NY, who was convicted of possessing child pornography depicting prepubescent minors, after having sustained a prior child pornography conviction, was sentenced to serve 10 years in prison, followed by 20 years of supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in January and February 2021, an undercover FBI Special Agent located the defendant offering child pornography for download on the internet. The undercover agent downloaded child pornography directly from Sowersby, which enabled the FBI to determine the defendant’s location in Painted Post. Subsequent investigation revealed that Sowersby is a registered sex offender as a result of a prior New York State child pornography conviction. 

On February 26, 2021, the FBI, accompanied by members of the Steuben County Sheriff’s Office and the New York State Police, executed a federal search warrant at the defendant’s home and seized multiple digital devices. A forensic analysis recovered hundreds of images and videos of child pornography.

The sentencing is the result of an investigation by the Corning, NY, Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Steuben County Sheriff’s Office, under the direction of Sheriff James Allard; and the New York State Police, under the direction of Major Barry Chase. 

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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 Abdulkawi Al Shuaibi, 48, of Buffalo, N.Y., who was convicted of theft of government money, was sentenced to time-served, two years supervised release, and ordered to pay $76,393.50 in restitution by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that the defendant’s father received retirement benefits under Title II of the Social Security Act. These benefits should have ceased when Al Shuaibi’s father died in August 2013. However, the Social Security Administration (SSA) continued to pay these benefits until February 2019. The defendant converted these benefits to his own use, knowing that he was not entitled them. The resulting loss to the SSA was approximately $76,393.50.

The sentencing is the result of an investigation by the Social Security Administration Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.

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

BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Shawn Woods, a/k/a Pif, 30, of Buffalo, NY, who was convicted of racketeering conspiracy and possession with intent to distribute of 400 grams or more of fentanyl, was sentenced to serve 144 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, and Christopher O. Taylor, of the Department of Justice Organized Crime and Gang Section, who handled the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.

Woods admitted that he possessed and sold controlled substances at various times and that on February 1, 2017, he and a co-defendant possessed, at 974 Jefferson Avenue in Buffalo, three firearms, ammunition, metal spoons, digital scales, grinders, kilogram presses, and quantities of heroin and various types of fentanyl.

Woods is the 12th defendant charged in this case to be sentenced.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief Brian Gould; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division; the Lackawanna Police Department, under the direction of Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Dale Trimmer, 46, of Spencerport, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to attempted receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

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

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

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

Sentencing is scheduled for January 12, 2022, at 3:00 p.m. before Judge Geraci.  

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

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that James A. Pane, 50, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to threatening by mail to injure or intimidate and unlawfully damage and destroy property by means of an explosive. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.   

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between January 20 and February 2, 2021, the defendant set off numerous explosions in the area of Falleson Road in the City of Rochester. On January 23, 2021, Pane set off an explosion near the residences at 94 Leander Road and 288 Falleson Road. 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. The resident of 288 Falleson Road told police that other explosions had been set off at that location on previous days. On February 2, 2021, the defendant set off another explosion near 288 Falleson Road.

Between February 24 and March 9, 2021, Pane mailed 10 letters to 10 separate residences in the Falleson Road/Leander Road neighborhood. The letters appeared similar in nature and the envelopes were plain white with no return address. The envelopes were all processed through the main United States postal plant on Jefferson Road in Henrietta, NY. Inside each envelope was 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.

After his arrest on April 8, 2021, the defendant stated, among other things, that he 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 plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, the Rochester Fire Department, under the direction of Chief Felipe Hernandez Jr., and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard. Additional assistance was provided by the Buffalo and Syracuse Resident Offices of the ATF. 

Sentencing is scheduled for January 24, 2022 at 10:15 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 Dyllan Barber, 20, of Little Valley, N.Y., pleaded guilty to cyberstalking before U.S. District Judge John L. Sinatra, Jr. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that on November 30, 2019, the defendant initiated a conversation with Victim 1, a minor female, on Snapchat. Posing as a hacker by the name of “Kyle,” Barber sent a threatening message to Victim 1 telling her to take and send to him sexually explicit images of herself. If she did not, the defendant stated that he would publicly release nude images of Victim 1 that he claimed to have in his possession. At the same time he was posing as “Kyle” and communicating with Victim 1 on Snapchat, Barber also encouraged Victim 1 in a telephone conversation to take and send sexually explicit images to “Kyle” because the defendant purportedly feared that “Kyle” may also publicly disclose nude images of the defendant. as a result of these threats, Victim 1 took and sent sexually explicit images of herself to Barber through the Snapchat application. 

The threatening conversation between the defendant and Victim 1 occurred over the course of approximately three hours, concluding early in the morning hours of December 1, 2019. Later that day, Barber, no longer posing as “Kyle,” communicated with Victim 1 via Snapchat. During this conversation, Victim 1 asked the defendant if he knew anything about “Kyle.”  Barber falsely told Victim 1 that he did not know anything about “Kyle.”

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the Cattaraugus County Sheriff’s Office, under the direction of Timothy S. Whitcomb.

Sentencing is scheduled for February 15, 2022, at 2:00 p.m. before Judge Sinatra.

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

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael E. Levesque, 52, of Saco, Maine, who was convicted of mail fraud, was sentenced to serve six months in prison and ordered to pay $152,000 in restitution by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant worked independently as a “fee buyer.” As a fee buyer, Levesque purchased vehicles from auctions for automobile dealerships for a fee. In 2016, the owner of an automobile dealership in the Western District of New York met the defendant at an automobile auction and, over the next two years, Levesque acted as a fee buyer for the dealership, purchasing approximately 20 to 30 vehicles in exchange for a fee.

Between February and March 2, 2018, the defendant devised a scheme to defraud the dealership owner out of money and property. Levesque falsely represented to the owner that he was looking for a new business partner to fund vehicles which the defendant would purchase and re-sell to individuals or dealerships for a profit. As part of the scheme, Levesque told the owner that although the purchased vehicles would be titled to the owner, the owner would never actually possess the vehicles. In exchange for the owner providing the funding to purchase the vehicles, the defendant and the owner would split equally the profits from each vehicle sold. Based on false representations and promises, the owner agreed.

For example, Levesque falsely represented that he had a buyer for a 2016 Chevrolet Tahoe that was owned by a dealership in South Parish, Maine, which would result in a $4,000 profit. The defendant instructed the owner to send a $44,500 check to the South Parish, Maine dealership purportedly to fund the deal. However, the payment to the South Parish, Maine dealership was actually to satisfy a pre-existing debt which Levesque owed, not to purchase the Tahoe. In addition, the owner also sent a $44,500 check to a dealership in Lisbon, Maine, and a $41,000 check to a dealership in Sanford, Maine, purportedly to purchase vehicles. These payments did not fund the purchases of vehicles, rather, the payments were to satisfy pre-existing debts which Levesque owed to the automobile dealerships. The defendant also defrauded a dealership located in Lisbon, Maine out of $22,000.

In total, Levesque fraudulently obtained $152,000 during the course of his scheme.

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 Shamir Suddith, 33, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to distribution of fentanyl and acetyl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that in September 2018, Homeland Security Investigations (HSI) developed information that the defendant was a fentanyl drug dealer. Based on this information, HSI conducted two controlled purchases of fentanyl from Suddith on September 12 and October 3, 2018.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Police, under the direction of Major James Hall.

Sentencing is scheduled for February 22, 2022, before Judge Vilardo.

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