Western District of New York

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

BUFFALO, N.Y. – A New York man was sentenced to 18 months in prison today in the Western District of New York for violating the Lacey Act and the Animal Welfare Act by trafficking African wild cats.

Christopher Casacci, 39, of Amherst, was doing business as “ExoticCubs.com,” through which he advertised, imported and sold exotic African cats. Between February and June of 2018, Casacci imported and sold dozens of caracals (Caracal caracal) and servals (Leptailurus serval), for $7,500 to $10,000 each. Casacci claimed that he was operating as a big cat rescue organization in an attempt to avoid New York prohibitions against possessing and selling wild animals. Casacci also falsified transport documents to hide the true species of the cats, instead calling the animals domestic crossbreeds, such as Bengal cats or Savannah cats. Further, Casacci was not permitted to sell the cats because he was not approved to do so under the Animal Welfare Act.

“Selling wild animals as pets not only breaks the law, but also endangers local communities and environments,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division (ENRD). “The Department of Justice is dedicated to protecting the public and our native wildlife from the irresponsible actions of wildlife traffickers.”

“The purpose of the Lacey Act and the Animal Welfare Act is to protect fish, wildlife and other animals, especially those that may be endangered, from individuals who seek to profit from trafficking,” said U.S. Attorney Trini E. Ross for the Western District of New York. “Enforcing these measures is important to ensure that animals, such as the exotic African cats in this case, are safeguarded.” 

“Criminals who flout wildlife laws such as the Lacey Act put humans and animals at great risk,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service’s (FWS) Office of Law Enforcement. “Wildlife trafficking is decimating the world’s natural resources, so it is essential we work with our partners to put a stop to these types of illegal activities. This will help protect against risks to human health and safety and to native wildlife and their habitats and ensure future generations can enjoy and benefit from our cherished wild heritage.”

Caracals, also known as the “desert lynx,” are wild cats native to Africa that grow to approximately 45 pounds. Servals, also wild cats native to Africa, grow to approximately 40 pounds. All of the animals were sold while still kittens and, despite their size and wild nature, Casacci marketed them as “house pets.” Both species are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and their commercial possession and sale is restricted under New York state law. Multiple kittens imported by Casacci died while in his care or days after he sold them, and many live kittens were seized from Casacci during the investigation. The seized animals are now permanently residing within accredited animal sanctuaries.

Casacci was previously indicted for his actions in January of 2020. The investigation was conducted by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, under the direction of Special Agent in Charge Ryan Noe, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation, Region 9.

The case is being prosecuted by Trial Attorney Patrick Duggan of the ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango of the Western District of New York.

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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 Strock Contracting, Inc., of Cheektowaga, NY, has agreed to enter into a consent judgment with the United States for $4,752,000 to resolve claims that it violated the False Claims Act. The United States filed an action in federal court alleging that Strock Contracting profited financially after fraudulently obtaining federal contracts intended to benefit service-disabled veterans.

In order to be eligible for contracts that are reserved for service-disabled-veteran-owned small businesses, firms must be both owned and controlled by a service-disabled veteran. The United States alleged that Strock Contracting, which was not owned or controlled by a veteran, recruited a service-disabled veteran to create a pass-through company, known as Veterans Enterprises Company, Inc. (VECO), which the company and its owner, Lee Strock, actually controlled. In its complaint, the United States alleged that the company carried out this scheme by directing VECO to submit false certifications of eligibility to the government, which allowed Strock Contracting to obtain substantial profits on numerous federal contracts which should have been awarded to eligible companies. Strock Contracting allegedly profited from these contracts through phony loans, sham lease agreements, and other deceitful financial arrangements.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch and the United States Attorney’s Office for the Western District of New York, with assistance from the VA Office of Inspector General (OIG), the Small Business Administration OIG, the Defense Criminal Investigative Service, and the Army Criminal Investigation Division.

The matter was handled by Trial Attorney Glenn Harris of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney David Coriell of the Western District of New York.

The lawsuit is captioned United States v. Strock Contracting, Inc., et al., No. 15-CV-887-G (W.D.N.Y). 

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

 BUFFALO, N.Y. – Trini E. Ross was sworn in on Monday, October 11, 2021, as United States Attorney for the Western District of New York. Ms. Ross was nominated by President Joseph R. Biden, Jr. on July 26, 2021, and unanimously confirmed by the Senate on September 30, 2021, for the Western District of New York. President Biden signed Ms. Ross’s commission on October 5, 2021. Chief U.S. District Judge Elizabeth A. Wolford administered the oath of office to U.S. Attorney Ross on Monday.

“It is an honor to serve as the United States Attorney for the Western District of New York,” stated U.S. Attorney Ross. “I look forward to working with the dedicated staff in our office, as well as our law enforcement partners at the federal, state and local levels, as we all work together to uphold the mission of the Department of Justice. I also look forward to working with our community partners as we strive to make the neighborhoods throughout our district safe and secure for all residents.”  

As U.S. Attorney, Ms. Ross is responsible for overseeing the prosecution of any federal criminal case brought within the 17 counties of Western New York. The Office also represents the United States in all civil matters brought within this territory.

Ms. Ross most recently served as the Director of Investigations, Legal Division, with the National Science Foundation’s Office of Inspector General since 2018. Ms. Ross has also been an adjunct professor at The State University of New York, at Buffalo, School of Law, since 2006. From 1995 to 2018, Ms. Ross was an Assistant United States Attorney for the Western District of New York, where she served as the Senior Litigation Counsel and the Chief of the Anti-Fraud and Corruption Section from 2012 to 2017. Ms. Ross also served as an Assistant Counsel with the Department of Justice’s Office of Professional Responsibility from 2007 to 2009. She was previously a civil litigation associate at Hiscock & Barclay, LLC from 1994 to 1995. Ms. Ross served as an Appellate Court Attorney for the New York State Supreme Court from 1992 to 1994.

Ms. Ross, native of Buffalo, NY, received her J.D., cum laude, from The State University of New York, at Buffalo, School of Law, in 1992, her M.A. from Rutgers University in 1990, and her B.A. from The State University of New York, at Fredonia, in 1988.

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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 Krieger, 46, of Sloan, NY, who was convicted of breaking into and larceny from interstate carrier facilities, was sentenced to serve 57 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on 10 dates in May and June 2018, the defendant and co-defendants Ray Chrostowski and Nicholas Birdwell went to the railyards in the vicinity of Broadway and Bailey Avenue in Buffalo, broke into railcars using a crowbar, bolt-cutters, and other tools, entered the cars, and stole property. The property included televisions, sound systems, microwaves, sneakers, liquor, tires and rims from vehicles, and UPS shipping parcels. On each occasion, Krieger directed Birdwell and Chrostowski regarding which railcar to enter, what property to remove, where to hide the stolen items, and the manner by which each should conduct themselves in order to conceal their conduct from the attention of law enforcement and railyard personnel.

• On June 8, 2018, the three defendants broke into a railcar carrying automobiles and removed the tires and rims from a 2018 Jeep and a 2018 Dodge.
• On June 22, 2018, the defendants stole approximately 20 cases (120 bottles) of Jefferson bourbon, and sold them for profit.
• On June 26, 2018, the defendants stole a 50-inch Samsung television.

Chrostowski and Birdwell were previously convicted and sentenced to serve 18 months in prison.

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 CSX Police, under the direction of Chief Sean Douris.

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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, pleaded guilty before U.S. District Judge Richard J. Arcara to rioting. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling 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 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, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing is scheduled for December 17, 2021, before Judge Arcara.

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a three-count indictment charging James Brandow, 33, of Jamestown, NY, with distribution of heroin and fentanyl causing death, distribution of heroin and fentanyl causing serious bodily injury, and narcotics conspiracy. The charges carry a minimum penalty of 20 years in prison, a maximum of life, and a $1,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between July 2020 and June 2021, the defendant is accused of conspiring with others to sell heroin and fentanyl. According to the indictment, on July 31, 2020, Brandow sold heroin and fentanyl which resulted in the death of an individual identified as K.T. and resulted in seriously bodily injury to an individual identified as B.F.

The indictment is result of an investigation by the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, 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 James P. Kennedy, Jr. announced today that Marco Sweat, 40, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that on June 9, 2019, the FBI Safe Streets Task Force, Buffalo Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, executed a search warrant at the defendant’s residence on Langfield Drive in Buffalo. During the search, investigators seized three firearms and 125 rounds of ammunition. Sweat, having previously been convicted in Erie County Court of Attempted Criminal Possession of a Weapon in the Second Degree, Criminal Possession of a Controlled Substance in the Fifth Degree, and Attempted Criminal Possession of a Controlled Substance in the Fifth Degree, is legally prohibited from possessing a firearm and ammunition.

The plea is result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.

Sentencing is scheduled for February 15, 2021, before Judge Vilardo.

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Brian Grant, 22, of Lockport, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that the Niagara County Drug Task Force executed a search warrant at the defendant's residence on Elmwood Avenue in Lockport and on his vehicle. During the search, officers recovered cocaine, crack cocaine, marijuana, and $215.00 in cash.

The plea is result of an investigation by the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael Filicetti and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.

Sentencing is scheduled for February 3, 2021, before Judge Sinatra.

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Kasan Alkafi, 49, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, cocaine, was sentenced to serve 24 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between July 2016 and November 2017, the defendant sold cocaine to various customers in the Buffalo area. On July 17, 2016, Buffalo Police officers executed a search warrant at Alkafi’s Minton Street residence and recovered approximately 236 grams of cocaine, cutting agent, scales, drug packaging materials, and $3,105 in cash. The defendant was prosecuted by the Erie County District Attorney and sentenced to serve five years of probation.

On October 11, 2017, the DEA and Buffalo Police conducted an undercover purchase of cocaine from an individual identified as co-conspirator 1, a known cocaine distribution associate of Alkafi. On November 3, 2017, the DEA and the Erie County Sheriff's Office conducted a second controlled purchase of cocaine, this time from the defendant. Immediately following the second controlled purchase, search warrants were executed at residences on Genesee Street and N. Legion Road. During the search warrants, investigators recovered nearly five grams of cocaine, packaging bags, cutting agent, baggies with drug residue, a small amount of marijuana, marijuana grinder, two digital scales, and approximately $6,060 in cash.

The sentencing is result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; 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

OREGON MAN PLEADS GUILTY TO HIS ROLE IN
CROSS COUNTRY MARIJUANA CONSPIRACY 

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Fiels, 33, Springfield, Oregon, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute, and distributing, 1,000 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that the defendant served as the source of supply for individuals that trafficked marijuana and marijuana-based products across the country. Fiels utilized individuals, including co-defendant Syed Ahmad and others, to deliver the marijuana and marijuana-based products. Others, including co-defendant Frank Vacanti, then distributed the marijuana to individuals such as co-defendant Vincent Lopresti, who then sold the marijuana and marijuana products across Western New York. Between late 2016, and June 2019, Fiels trafficked approximately 1,800lbs of marijuana to one individual.

In January 2017, the defendant was stopped by DEA-Chicago and Amtrak Police while traveling from Buffalo, NY to Chicago, Illinois. After questioning and providing consent, DEA-Chicago seized $222,965.00 in drug proceeds located in the defendant’s suitcases. On December 31, 2017, in Morgan County, Illinois, local law enforcement and the DEA, recovered approximately 1,000 lbs. of marijuana from an RV driven by co-defendant Syed Ahmad and another individual. The marijuana belonged to Fiels and was destined for locations around the United States. On January 18, 2018, the defendant was stopped in a vehicle for traveling too fast for conditions in Hobart, Indiana by local law enforcement. During a search his vehicle, law enforcement seized $48,000 in drug proceeds. On February 10, 2020, law enforcement in Springfield, Oregon seized approximately $15,000 in drug proceeds sent to the defendant via USPS. 

On June 29, 2020, law enforcement executed search warrants at three locations in the State of Oregon associated with Fiels, including his residence, work apartment, and the residence of his former girlfriend. Law enforcement recovered marijuana, marijuana-based products, USPS parcels, drug paraphernalia, packing materials, scales, psychedelic mushrooms, two firearms, and liquid steroids. 

Charges remain pending against Syed Ahmad, Frank Vacanti, and Vincent Lopresti. 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 plea is the result of an investigation by Homeland Security Investigations Buffalo, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; HSI Portland, under the direction of Assistant Special Agent-in-Charge Clifford Jones; HSI Springfield, Illinois, under the direction of Acting Resident Agent-in-Charge Eric Bowers; the Illinois State Police, under the direction of Director Brendan F. Kelly; the Oregon State Police, under the direction of Superintendent Terri Davie; the Morgan County, Illinois Sheriff’s Office, under the direction of Sheriff’s Office Director Mike Carmody; the Hobart, Indiana Police Department, under the direction of Chief Richard W. Zormier; and the Springfield, Oregon Police Department, under the direction of Chief Andrew Shearer.

Sentencing is scheduled for February 17, 2022, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aydan Sin a/k/a Hon Chak Gordon Sin a/k/a Andy a/k/a Bullion, 49, of British Columbia, Canada, who was convicted of violating the Arms Export Control Act, was sentenced to serve 46 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Aaron J. Mango and Trial Attorney Beaudre Barnes of the Justice Department's National Security Division, who handled the case, stated that between November 2016 and April 2017, the defendant conspired with others, including Guy Deland and Charan Singh, to export defense articles on the United States Munitions List (USML) in violation of United States law.

In November 2016, Singh began communicating with an undercover law enforcement agent (UCA), inquiring about whether the UCA could export firearms from the United States to the United Arab Emirates. During those communications, Sin, Deland, and Singh were advised by the UCA that a license was required from the United States Department of State in order lawfully to export the firearms. The defendants acknowledged the illegality of the attempted exports, provided an encrypted Blackberry device to the UCA for the purpose of secure, covert communications, and wired approximately $70,000 USD from Canada to the United States as a 50% down payment for the export of the goods.

On December 7, 2016, Sin, through telephone and email, requested the gun order include 9mm handguns and Uzi machine guns. On December 9, 2016, Sin told the UCA that rather than get an export license, he wanted the UCA to export the firearms “the wrong way.”

Subsequently, on January 10, 2017, the UCA emailed two revised invoices to Sin and Deland. One invoice was for the export to Dubai of three new Glock 9mm firearms, six magazines, two used Mini Uzi submachine guns, two suppressors, and 1,000 rounds of 9mm ammunition for the firearms, for a total cost of $20,575. The second invoice was for the export to Colombia (thru Panama) of 37 new Glock 9mm firearms, 74 magazines, 13 used Mini Uzi submachine guns, 13 suppressors, and 3,000 rounds of 9mm ammunition for the firearms, for a total cost of $121,175. Both invoices contained language stating that exporting these products was prohibited by law without an export license.

On February 6 and 7, 2017, an undercover bank account, located in the Western District of New York, received two bank wire transfers from a bank account in Canada, each in the amount of $34,990 USD, representing 50% of the total purchase price of the firearms, suppressors, and ammunition.

On March 10, 2017, Sin contacted the UCA and asked if the shipment of guns to Columbia would occur in a few days. On March 20, 2017, the UCA used existing sea freight shipment tracking numbers and told Sin and Deland that the firearms, suppressors, and ammunition were shipped to Jebel Ali, United Arab Emirates, and the shipment of guns to Columbia would occur on March 29, 2017. The UCA also provided them with the tracking information.

The firearms, suppressors, magazines, and ammunitions listed above are defense articles listed on the USML. Prior to the attempted export and export of these defense items from the United States, Sin was aware that an export license was required and at no time did he, or the actual exporter apply for, receive, or possess a license to export the items from the United States.

Charges remain pending against defendants Guy Deland and Charan Singh. 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 Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Royal Canadian Mounted Police. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric Iwu aka James, 32, a Nigerian citizen currently residing in Buffalo, NY, was charged by criminal complaint with conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, the defendant is accused of facilitating a “Business Email Compromise” (BEC) scam, a type of scam typically targeting companies that conduct wire transfers and have suppliers and vendors abroad. BEC scammers typically use techniques, such as key-loggers and phishing attacks, to compromise or spoof the corporate or publicly available email accounts of executives or high-level employees who are involved in a company’s finances or wire transfer payments to vendors. BEC attackers impersonate the CEO or any executive authorized to do wire transfers. Once access has obtained access to a victim’s email account, the scammer can then alter the victim company’s payment invoices so that vendor payments will be directed to a bank account controlled by the scammer, rather than a bank account controlled by the legitimate, intended payee.

In October 2018, Homeland Security Investigations (HSI) in Buffalo received information that a victim (Victim 1) in Dubai, UAE, was the subject of a BEC fraud utilizing a Wells Fargo checking account. Wells Fargo Bank stated that Victim 1, a power construction company, sent a wire transfer in the amount of $461,612.00 to the bank account of Zeeco Inc. Within days of receiving the wire transfer, two outgoing wire transfers totaling $300,000 were sent to bank accounts at Bank of America in Washington, DC, and Northwest Bank in Buffalo. Subsequently, a checking account was opened at a Citizens Bank in West Seneca, NY, under the name Krispy Kreme Doughnut Company LLC. Two wire transfers, one for $35,000.00, and another for $4,950.00, were subsequently sent from the Bank of America account in Washington, DC. The registered owner of the Citizens Bank account is the defendant Eric Iwu. Wells Fargo eventually received a wire recall at the request of Victim 1.

In April 2019, HSI Buffalo received information from Northwest Bank stating that a victim (Victim 2) in the United Kingdom was the subject of a BEC fraud utilizing a Northwest Bank checking account. On February 8, 2019, Victim 2, a tooling and automation company, sent a wire transfer in the amount of $55,242.36 to the Northwest Bank account of Gunes Dinamik LLC. Shortly thereafter, Northwest Bank received a wire recall at the request of Victim 2, who claimed the wire transfer was a fraudulent payment and not intended for the beneficiary account. The wire recall was denied because the funds were depleted from the account. The account was traced to the defendant.

In February 2020, HSI Buffalo received information from Citizens Bank stating that a business account opened in June 2019, in Buffalo, was the subject of a suspected BEC fraud. The account was registered to Jasa Cipta Rembaka LLC, (Victim 3) alleged to be operating as an insurance carrier specializing in accident and health insurance. Citizens Bank stated that on June 26, 2019, Victim 3 sent a wire transfer in the amount of $131,636.39 to Jasa Cipta Rembaka LLC, Citizens Bank account. In September 2020, an attorney for Victim 3, located in Singapore, confirmed that the wire transfer of $131,636.39 was re-directed to the Citizens Bank account based on a fraudulent email received by a representative at the company in Singapore. On December 6, 2019, a winery in California (Victim 4) sent a second wire transfer in the amount of $112,912.02 to the Citizens Bank account. Victim 4 also confirmed that the winery was a victim of the wire fraud for $112,912.02. The account was also traced to Iwu.

The defendant appeared today at a detention hearing before U.S. Magistrate Judge Michael J. Roemer and was remanded pending further proceedings.

The complaint is the result of an investigation by 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 James P. Kennedy, Jr. announced today that a federal grand jury has returned a four-count indictment charging Mamadou Gando Balde a/k/a Thierno O. Ba, 51, a citizen of the West African nation of Guinea currently residing in Lackawanna, NY, with attempted unlawful procurement of naturalization, making false statements in a naturalization proceeding, and making a false statement to federal law enforcement officers. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the indictment, on August 20, 2018, the defendant knowingly made false statements on his Form N-400 Application for Naturalization, the form used to apply for U.S. citizenship.  Specifically, Balde omitted the name “Thierno O. Ba” when asked to list other names he has used since birth. The defendant is also accused of falsely responding “no” when asked “Have you EVER given any U.S. Government officials any information or documentation that was false, fraudulent, or misleading?,” and “Have you EVER lied to any U.S. Government officials to gain entry or admission into the United States or to gain immigration benefits while in the United States?” The indictment states that Balde gave U.S. Government officials information and documentation that was false regarding his identity and lied to U.S. Government officials about his identity to gain entry and admission into the United States and to gain immigration benefits while in the United States.

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

The indictment is the result of an investigation by 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 James P. Kennedy, Jr. announced today that Brendan Farver, 26, of Jamestown, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute, and distributing, heroin, fentanyl, and methamphetamine. The charge carries 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 during the conspiracy, the defendant bought and sold heroin, fentanyl, and methamphetamine for profit and his own use, in addition he brokered deals for other drug dealers in and around the Jamestown area. Farver utilized Facebook to conduct his drug trafficking activities, frequently communicating with others to procure and to sell the illegal substances. In May 2020, the Conewango Township Police Department conducted undercover purchases of heroin from the defendant on two different occasions.

On July 31, 2020, Farver brought heroin/fentanyl to an associate identified as K.T. at the individual’s residence on Victoria Avenue in Jamestown. The two then injected the heroin/fentanyl. The following morning, August 1, 2020, at approximately 11:27 a.m., the Jamestown Police Department responded to K.T.’s residence for a reported overdose investigation, where officers discovered K.T., deceased. An autopsy concluded that K.T. would not have died, but for the use of heroin containing fentanyl and that K.T.'s death was the result of an accidental fatal overdose of fentanyl.

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

Sentencing is scheduled for May 25, 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 James P. Kennedy, Jr. announced today that Adrian Funderburk, 37, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing a firearm in furtherance of a drug trafficking offense. The charge carries a mandatory minimum penalty of five years in prison and a maximum of life.

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that on January 6, 2021, the Buffalo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives executed a search warrant at the defendant’s residence on Wecker Street in Buffalo. Investigators recovered a loaded .40 caliber pistol, approximately 36 grams of cocaine, approximately seven pounds of marijuana, and $70,000 in cash. Funderburk possessed the firearm in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds.

The plea is the result of an investigation by 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.

Sentencing is scheduled for February 18, 2022, before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Denzel Robinson a/k/a Sparks, 27, of Buffalo, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 38 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Michael J. Adler and Charles E. Watkins, Jr., who handled the case, stated that on April 28, 2020, the Buffalo Police Department executed a search warrant at the defendant's residence on Sun Street in Buffalo and recovered a .22 caliber rifle and multiple rounds of ammunition. In June 2018, Robinson was convicted in Erie County Court of bail jumping and is legally prohibited from possessing a firearm and ammunition.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Roberto Montes-Villalpando, 60, of Sanborn, NY, and Abraham Montes, 29, of North Tonawanda, NY, who were convicted of conspiring to harbor aliens for financial gain and causing serious bodily injury, were sentenced by U.S. District Judge Lawrence J. Vilardo. Roberto Montes-Villalpando was sentenced to serve 18 months home incarceration, while his son, Abraham Montes was sentenced to serve six months in prison and six months home detention.

Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who handled the case, with support from the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, stated that the defendants owned and operated El Cubilete Mexican Restaurant, in Niagara Falls, NY.   Between December 2014 and late 2018, the restaurant was located at 9400 Niagara Falls Boulevard.  In late-2018, the restaurant moved to 2050 Cayuga Extension in Niagara Falls. Defendant Montes-Villalpando managed the restaurant, supervised the staff, including wait and kitchen staff, made hiring and firing decisions, and determined payroll. Defendant Montes supervised the kitchen staff, which included Victims 1, 2, 3, and 4, who were each natives and citizens of Mexico.  The victims—none of whom had legal status in the United States—were employed by the defendants as cooks, food preparers, and dishwashers. In addition, the victims sublet a Niagara Falls apartment rented by defendant Montes-Villalpando.

Between November 1, 2014, and February 18, 2018, the defendants recruited and hired undocumented foreign nationals who had entered the United States illegally to work for them. Montes-Villalpando and Montes enticed prospective laborers who lived and worked in Ohio, including Victim 1 and Victim 2, to work at El Cubilete by promising them better pay and fewer hours. During their employment, Victims 1, 2, 3, and 4 were paid less than required by the Fair Labor Standards Act and by New York State law, which required a minimum wage of $9/hour. According to analysis performed by the Department of Labor, Office of the Inspector General, the victims were underpaid in the following amounts respectively: Victim 1—$5,386.60; Victim 2—$8,513.44; Victim 3—$61,665.40; and Victim 4—$6,006.60.

Additionally, in about February 2018, defendant Montes punched Victim 3 in the nose and stated he would kill Victim 3. Montes then used a fire extinguisher to strike Victim 3 in the head causing him to fall to the ground. Victim 3 was transported to a hospital for medical treatment where he was diagnosed with a broken nose and a laceration on his head was closed with staples.

The sentencings are the result of an investigation by the 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 Timothy Howard; 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 of the New York Region; and the Human Trafficking Task Force of Western District New York, which is co-led by the United States Attorney's Office, Erie County Sheriff's Office, and International Institute of Buffalo.

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

ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr., announced today that Jamal A. Anderson a/k/a Jamel Anderson a/k/a Jemel Jefferson a/k/a James Jefferson a/k/a Mike Jefferson a/k/a Blaze, 40, of Elmira, NY, who was convicted of conspiring to possess with intent to distribute 50 grams or more of methamphetamine, was sentenced to serve 235 months in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Robert A. Marangola, who handled the case, stated that the charges stem from a long-term, multi-agency investigation into the trafficking of large quantities of methamphetamine in the City of Elmira. On September 13, 2019, investigators executed a federal search warrant at an apartment at 916 Grand Central Avenue in Elmira. Officers seized over 1.1 kilograms of 95% pure methamphetamine, a quantity of heroin, and narcotics distribution paraphernalia. Anderson was arrested along with co-defendants Kevin E. Anderson a/k/a K-Born and Briana Hall.

The defendant conspired with McKinney and others to distribute 50 grams or more of actual methamphetamine. Anderson’s involvement in the conspiracy included, among other things, purchasing large quantities of methamphetamine, storing and packaging methamphetamine for distribution at various locations in Elmira, including 508 W. First Street, 912 Grand Central Avenue, 916 Grand Central Avenue, and 267 Henry Street, facilitating third-party purchases of methamphetamine, and directly distributing methamphetamine to others. During the conspiracy, Anderson and other members of the conspiracy possessed firearms.

Kevin E. McKinney and Briana were previously convicted and sentenced.

The sentencing is the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, 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 James P. Kennedy, Jr. announced today that Shermart D. Merriwether, 26, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Elizabeth A. Wolford to distribution of fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant 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. As part of his guilty plea, the defendant 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 plea is 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 Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan.

Sentencing is scheduled for January 12, 2022, at 2:30 p.m., before Chief Judge Wolford.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derek Torres a/k/a Bebe, 22, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute 40 grams or more of fentanyl, was sentenced to serve 18 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that between July and November 28, 2018, the defendant conspired with others to distribute cocaine, heroin, and fentanyl in the area of Wilkins Street in Rochester. On July 18, 2021, Torres sold 10 wax envelopes containing heroin and fentanyl and 10 zip-loc baggies containing cocaine to an undercover law enforcement officer in exchange for $200 in cash.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Clark, 35, of, Bath NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to two counts of distributing child pornography. The charges carry a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $500,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant was observed by an undercover FBI agent distributing child pornography online. A search warrant was executed at Clark’s residence during which investigators seized thousands of files containing images and videos of child pornography. The images included violence against young children.

The defendant also admitted to the FBI that he had physically molested a minor victim on several occasions, which resulted in separate state charges. 

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

Sentencing is scheduled for January 7, 2022, at 11:00 am before Judge Siragusa.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Robert Chapline, 61, of Hamburg, NY, who was convicted of production of child pornography, was sentenced to serve 30 years in prison by U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorneys Aaron J. Mango and Caitlin Higgins, who handled the case, stated that between February 13, 2016, and October 2, 2017, the defendant coerced a minor (Victim) to engage in sexually explicit conduct for the purpose of producing visual depictions. In February 2016, Chapline took photographs of the Victim getting out of a shower and then posing in a bedroom. The defendant engaged in sexual contact with the Victim on several occasions between 2012 and 2017.

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 Hamburg Police Department, under the direction of Chief Kevin Trask; and the Regional Computer Forensics Laboratory.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Brian Bartz, 39, of Rochester, NY, who was convicted of wire fraud and aggravated identity theft, was sentenced to serve 70 months in prison by U.S. District Judge Charles J. Siragusa. The defendant has also been ordered to pay full restitution to the victims in this case.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between January 2015 and January 2020, the defendant was employed as an insurance broker at several different life insurance companies, selling and servicing policies and receiving commissions and bonuses for selling such policies. In connection with his employment, Bartz submitted approximately 105 fraudulent policy applications in various individuals’ names without their knowledge, utilizing actual names, social security numbers, and dates of birth. As a result, life insurance policies were issued, and the defendant was paid a total of $382,740.63 in commissions and bonuses to which he was not entitled. Bartz also used approximately $70,579.83 that he fraudulently withdrew from various bank accounts of unsuspecting clients in order to pay policy premiums on the fraudulent life insurance policies he obtained.

In addition, Bartz defrauded his insurance clients and potential clients by falsely claiming to also be an investment advisor, persuading individuals to invest funds that he never invested nor intended to invest. Rather than investing such funds on behalf of his clients, Bartz used them to gamble or to pay back prior investors. To prevent victims from inquiring about their investments, Bartz issued fake account statements. The victims included a widow who “invested” a $332,500 payout from her deceased husband’s life insurance policy with the defendant. Bratz stole all but $10,000 of that widow’s investment. 

In total, the loss amount for Bartz’s schemes is approximately $1,026,668.46.

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 New York State Department of Financial Services, under the direction of Superintendent Adrienne Harris.

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

BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Luis Miguel Cruz Del Moral, 37, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute a controlled substance and possessing a firearm in furtherance of a drug trafficking crime. The charges carry a minimum penalty of five years in prison, maximum penalty of life in prison and a $1,000,000 fine.

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the complaint, on the morning of September 17, 2021, Buffalo Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Federal Bureau of Investigation executed a New York State search warrant at Cruz Del Moral’s Ontario Street residence. During the search, investigators recovered five firearms, ammunition, a ballistic vest, two vials of suspected cocaine, drug packaging materials, and three scales with suspected cocaine residue.

Simultaneous to the execution of the Ontario Street search warrant, a separate search warrant was executed at a residence on South Lane in Buffalo. As investigators entered the residence, they encountered the defendant in the bathroom. In the toilet, law enforcement recovered a ripped-open plastic bag, and observed the toilet bowl lined with suspected cocaine. Investigators also found a loaded pistol in the bathroom. During the search, approximately 1 ½ grams of suspected cocaine, a large cocaine press, a small cocaine press, a digital scale with suspected cocaine residue, and $7,111 in United States currency was seized. A rifle, two magazines, ammunition, and glassine envelopes were also recovered from Cruz-Del Moral’s vehicle. The defendant was arrested at the scene.

The complaint 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, Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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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The United States has intervened and filed a complaint in the U.S. District Court for the Western District of New York under the False Claims Act against Independent Health Association, Independent Health Corporation (Independent Health), DxID LLC (DxID) and Betsy Gaffney, former CEO of DxID. The government alleges that Independent Health, DxID and Gaffney violated the False Claims Act by submitting or causing the submission of inaccurate information about the health status of beneficiaries enrolled in Medicare Advantage Plans in order to increase Independent Health’s reimbursement. Independent Health is headquartered in Buffalo, New York. DxID was headquartered in Buffalo until it ceased operations in August.

“The Medicare Advantage Program relies on accurate information about the health status of enrollees to ensure that they receive appropriate treatment and that participating health plans receive proper compensation for the services they actually provide,” said Deputy Assistant Attorney General Michael D. Granston of the Justice Department’s Civil Division. “The department will continue to hold accountable health plans or providers that report unsupported diagnoses to inflate risk adjustment payments.”

“The defendants are alleged to have submitted unsupported diagnosis codes to inflate reimbursements, which enabled them to receive payments from Medicare that were greater than they were entitled,” said U.S. Attorney James P. Kennedy Jr. for the Western District of New York. “Defrauding taxpayer funded health care programs such as Medicare hurts not only taxpayers but our nation’s entire healthcare system.”

Under Medicare Advantage, also known as Medicare Part C, Medicare beneficiaries have the option to enroll in managed healthcare insurance plans called Medicare Advantage Plans (MA Plans) that are owned and operated by private Medicare Advantage Organizations (MAOs). MA Plans are paid a fixed amount per enrollee to provide benefits covered by traditional Medicare to beneficiaries who enroll in their MA Plan. The Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, make upward payment adjustments to MA Plans based on demographic information and the health status of each plan beneficiary. The adjustments are made using what are commonly referred to as “risk scores.” In general, a beneficiary with more severe diagnoses will have a higher risk score, and CMS will make a larger risk-adjusted payment to the MA Plan for that beneficiary.

Independent Health offers two MA Plans in New York State. Its wholly-owned subsidiary, DxID, provided retrospective chart review and addenda services to Independent Health and other MA Plans.

The United States alleges that DxID coded conditions that were not documented in the patient’s medical record during a visit or encounter. The government further alleges that DxID also asked health care providers to sign addenda forms up to a year after a visit or an encounter and subsequently used the addenda as substantiation for adding risk-adjusting diagnoses that were not documented during the patient encounter, in violation of Medicare requirements. DxID operated on a contingency fee of up to 20% of the additional recovery that the MA Plans received based on diagnoses captured by DxID.

The complaint alleges that these unsupported diagnoses inflated the risk scores of beneficiaries, resulting in inflated payments to Independent Health and other MA Plans. The lawsuit further alleges that once Independent Health became aware of these unsupported diagnosis codes, it failed to take corrective action to identify and delete the unsupported codes.

The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The False Claims Act also permits the government to intervene in such lawsuits.  Although the United States initially advised the court that it was not intervening in this case, the court subsequently granted the United States’ motion to intervene for good cause. The whistleblower, Teresa Ross, is a former employee of Group Health Cooperative (GHC). GHC was an MAO that offered MA Plans in Washington State. From 2011 to 2012, GHC used DxID’s chart review services. In November 2020, GHC entered into a settlement with the United States and Ross to resolve the claims against it arising out of this matter. 

The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

This matter is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Western District of New York, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The case is captioned United States ex rel. Ross v. Independent Health Association et al., No. 12-CV-0299(S) (W.D.N.Y.). The claims asserted against the defendants are allegations only, and there has been no determination of liability.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Birdwell, 39, of Cheektowaga, NY, who was convicted of breaking into and larceny from an interstate carrier facility, was sentenced to serve 18 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on multiple occasions in May and June of 2018, the defendant and co-defendants Paul Krieger and Ray Chrostowski went to the railyards in the vicinity of Broadway and Bailey Avenue in Buffalo, broke into railcars using a crowbar, bolt-cutters and other tools, entered the cars, and removed property from the railcars. On each occasion, co-defendant Krieger directed Birdwell and Chrostowski regarding which railcar to enter, what property to remove, where to hide the stolen items, and the manner by which each should conduct themselves in order to conceal their conduct from the attention of law enforcement and railyard personnel. On at least one occasion, Birdwell was responsible for bringing a vehicle to transport the stolen items from railroad property to locations in Buffalo where it was resold for profit.

• On June 8, 2018, the three defendants broke into a railcar carrying automobiles and removed the tires and rims from a 2018 Jeep and a 2018 Dodge. The total loss relating to the 2018 Jeep was $1,882.10, and the total loss relating to the 2018 Dodge was $2,836.06.
• On June 22, 2018, the defendants stole approximately 20 cases (120 bottles) of Jefferson bourbon, and sold them for profit. The value of the bourbon was approximately $3,118.80.
• On June 26, 2018, the defendants stole a 50-inch Samsung television valued at approximately $400.00.

Co-defendant Ray Chrostowski was previously convicted and sentenced to serve 18 months in prison. Co-defendant Paul Krieger was also previously convicted and is awaiting sentencing.

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 CSX Police, under the direction of Chief Sean Douris.

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

BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Gonzalo Velazquez-Cabrera a/k/a Bebe, 39, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine and discharging a firearm in furtherance of a drug trafficking crime, was sentenced to serve 153 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that between March and December 2015, the defendant conspired with others to sell cocaine. Velazquez-Cabrera, as a leader of the conspiracy, purchased and distributed approximately 125 grams of cocaine every week, obtaining, storing, and distributing the cocaine at his West Delavan Avenue residence. The defendant supplied co-defendants with cocaine so they could conduct street-level narcotics sales. Velazquez-Cabrera also personally engaged in the daily sale of varying quantities of cocaine both at his residence and on the west side of Buffalo. 

In August of 2015, the defendant became embroiled in a feud with a rival drug dealer who also operated on the west side of Buffalo. Following verbal arguments that centered on Velazquez-Cabrera’s encroachment into the drug dealing territory of his rival, the defendant escalated the conflict to violence. On August 27, 2015, Velazquez-Cabrera and a co-defendant exchanged gunfire with the rival drug dealer. In a text message exchange that followed between Velazquez-Cabrera and the rival drug dealer, the defendant declared the rival drug dealer was a dead man. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Gary Todd Baker, 52, of Amherst, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession of child pornography. The charge carries a minimum penalty of 10 years, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that on March 4, 2020, the defendant was convicted in Erie County Court of possession of a sexual performance by a child under the age of 16.  Baker was designated a level-2 sex offender, and sentenced to 10 years’ probation. 

On March 12, 2020, eight days into his probation term, Erie County Probation Officers conducting a routine check discovered that the defendant possessed an internet-capable cellular device, as well as empty boxes of printer ink and paper. After questioning Baker, Probation Officers located a bag containing numerous torn-up printed images. Members of the FBI’s Child Exploitation Task Force reassembled several of the images and confirmed that they depicted child pornography. The defendant was subsequently arrested on May 28, 2020. At the time of his arrest, Baker was found to be in possession of hundreds of additional images of child pornography.   

The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Probation Department, under the direction of Commissioner Brian McLaughlin; and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

Sentencing is scheduled for January 13, 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 James P. Kennedy, Jr. announced today the results of the first 60-days of the federal Violence Prevention and Elimination Response (VIPER) Initiative, which sought to address the dramatic increase in gun violence in the City of Buffalo during the first half of 2021.

The initial 60-day period of VIPER covered the time period between July 7 and September 7, 2021. Following the implementation of VIPER, the homicide rate in the City of Buffalo decreased by over 50%. In addition, in the first four months of 2021, the number of shooting victims in Buffalo was up 100% compared to the five-year average for those same months. Following the implementation of VIPER in 2021, shooting victims in Buffalo are down 6% compared to the five-year average for those same months.

VIPER achieved its ultimate objective of saving lives by focusing on four primary objectives:

1. Enhanced Targeted Enforcement - Using every tool that we have to get all levels of law enforcement to work together to get violent gun offenders off of our streets and locked-up in jail where they belong.  Fishing with a spear, not a net.

2. Enhanced Federal Prosecutions - Prioritizing the arrest and federal prosecution of: • Prohibited persons who possess firearms and ammunition; • Individuals who unlawfully buy, sell, or traffic (or attempt illegally to buy, sell or traffic) guns; and
• Violent criminals and drug dealers who illegally possess firearms in furtherance of their unlawful activities.

3. Enhanced Cooperation and Use of Intelligence-led Policing - All Buffalo gun arrests were subject to daily, real-time review by both state and federal prosecutors.
• Layered over this aggressive reactive process, however, was a proactive collaboration between federal, state, and local law enforcement to decide who poses the greatest risk to public safety in our community.
• In addition, all levels of law enforcement in and around Buffalo, led by the USMS Fugitive Task Force, was extremely proactive in arresting fugitives from justice who had active arrest warrants for gun crimes or crimes of violence.

4. Enhanced Community Engagement - As noted at outset in announcing the formation of VIPER, the increase in violence experienced over the last 18 months or so coincided with the deterioration of police and community relations.  All partners have worked hard over these last 60 days through enhanced community policing and engagement efforts, to help improve the relationship between the police and the community. 

During VIPER, 144 firearms arrests were made, 44 are pending federal prosecution, while 96 are pending state prosecution. The VIPER Task Force also seized 122 firearms, taking them out of the hands of those who would commit acts of violence.

“Just a few days before VIPER began, on July 5th, Shaquelle Walker Jr., a three-year-old boy was shot in Buffalo and later died of his wounds,” noted U.S. Attorney Kennedy. “His nickname was Quell, and one meaning of that word is ‘to put an end to.’  In honor of that three-year-old, every level of federal, state, and local law enforcement in this District joined forces, through VIPER, in furtherance of our shared objective of beginning to quell the violence in Buffalo. Those efforts have worked and produced some pretty impressive results. But we still have more work to do, and for that reason, I am announcing today that the VIPER initiative here in Buffalo will be extended and continued through the end of October. That means that those of us in law enforcement will continue our proactive efforts to get violent criminals off of our streets. Importantly, and as part of our effort, I am also calling on all members of our community not only to continue—but to expand—their support and participation in our effort.  Together we have made great progress over these last 60 days, as violent criminals are starting to realize that they will be held accountable for their actions, and that their adversary is not just law enforcement police but every law-abiding man, woman, and child in our community.”

“The VIPER Task Force was a collaborative response to the surge in gun violence affecting communities in Western New York. I anticipated there would be additional increase in shootings as more incidents typically occur during the summer months. I believe this multi-agency initiative, along with our efforts to re-engage and improve relations with our community, has made a positive impact as the number of shootings did decrease in the City of Buffalo during this time period. The results of this task force show our commitment to preventing further violence by removing illegal guns and narcotics from our streets. I want to thank the U.S. Attorney’s Office and our local, state and federal law enforcement partners for their hard work over the past two months and their continued dedication to keeping our neighborhoods safe,” said Erie County District Attorney John Flynn.

“Over the past year, firearms-involved violent crimes in Buffalo have surged dramatically and the effects have been diverse, dangerous, and far-reaching," said Stephen Belongia, special-agent-in-charge of the FBI Buffalo Field Office. "Families, friends, and neighbors have witnessed the work of callous criminals who pull triggers for a living and are not bothered by the fragments left behind--the splintered remnants of the lives that could have been. This unrelenting crime problem never slows down and demands that we tackle it together. From the onset of the VIPER initiative, it has been our collective responsibility and goal to save lives. And over the last eight weeks we have saved lives. The statistics reflect our successes. Our strategy is defined by a valued team approach and includes a sustained, systematic, and coordinated push across all law enforcement agencies. Today, we stay committed. We will continue this battle against violence. We stand with the community and promise to maintain our efforts to make Buffalo a safer place where Buffalonians and can live, work, and enjoy lives not tethered by crime.”

“Gun violence is an epidemic that is taking a devastating physical and emotional toll on the streets of our communities across the country,” stated John B. DeVito, ATF Special Agent-in-Charge, New York Field Division. “But as this VIPER effort demonstrates, when all levels of law enforcement come together and work collaboratively, sharing information and resources, guns and the criminals terrible committing acts of violence with them, can be removed from our neighborhoods, greatly improving the quality of life for citizens living in those neighborhoods.”

“As stated at the creation of this initiative, HSI and our law enforcement partners are committed to curbing gun violence in Western New York,” Homeland Security Investigations (HSI) Acting Special Agent-in-Charge Matthew Scarpino said. “Albeit the efforts taken thus far are noteworthy, we remain cognizant of the work that still needs to be done.” 

“Law enforcement’s job is to increase public safety, health, and save lives,” said DEA Special Agent-in-Charge Ray Donovan. “The VIPER Task Force has proven effective in taking guns off the streets which safeguards our communities.  I commend the members of the Task Force and the United States Attorney’s Office, Western District of New York for their diligent efforts.”

“These results demonstrate how law enforcement agencies work to solve community problems,” stated Sheriff Timothy B. Howard. “The agencies were focused on getting criminals and illegally possessed weapons off the streets. Our collected efforts show in the numbers, and the people of our community should feel good about the VIPER Task Force’s work. This effort provided some momentum and, together, we can continue to removed criminals and illegally possessed weapons.”

Members of the Federal Violence Prevention and Elimination Response Task Force include the United States Attorney’s Office, under the direction U.S. Attorney James P. Kennedy, Jr.; 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, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia; the United States Marshals Service for the Western District of New York, under the direction of Marshal Charles Salina; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, 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 James P. Kennedy, Jr. announced today that Jerry Figueroa, 27, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 40 grams or more of fentanyl, was sentenced to serve 18 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that the defendant was arrested following an investigation into a drug trafficking organization responsible for distributing controlled substances in the area of Wilkins Street in Rochester. Between April and November 28, 2018, Figueroa supplied the organization with controlled substances so that they could be packaged for sale and sold on Wilkins Street. The defendant utilized different cellular telephone numbers to communicate with co-conspirators. 

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

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

ROCHESTER, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Marcella Samuels, 44, of Irondequoit, NY, who was convicted of mail fraud, was sentenced to serve two years’ probation by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that between 2015 and 2020, the defendant created and sold forged State of Maine vehicle titles and registration documents to individuals attempting to title and register classic cars. As part of the scheme, Samuels advertised under the pseudonym “Titleman” in the periodical “Old Cars Weekly,” offering title and registration services for owners of classic cars. The defendant used the U.S. Mail to send payment and advertising applications to Old Cars Weekly. Individuals seeking to title or register vehicles would mail payments of $300 to $350 to the defendant, who would then forge and mail the documents back to customers. Over the course of the scheme, Samuels is believed to have collected approximately $292,000 in proceeds from the fraud.

The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Acting Inspector-in-Charge Joshua W. McCallister, the New York State Department of Motor Vehicles, under the direction of Commissioner Mark J.F. Schroeder; 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 James P. Kennedy, Jr. announced today that Angel Coira-Burgos, 44, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute cocaine and fentanyl and possessing a firearm in furtherance of drug trafficking. The charges carry a minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on June 1, 2021, Amherst Police officers, while on routine patrol on Flint Road, conducted a check of a license plate and learned that the registered owner had two outstanding warrants for drug charges in Lancaster, NY. Officers conducted a traffic stop and confirmed that the driver was the registered owner with the two warrants and took her into custody. During the traffic stop, a passenger identified himself as Angel Coira-Burgos, and advised officers that he was previously arrested on firearms charges in Buffalo. The driver asked officers if Coira-Burgos could retrieve her cell phone from a nearby motel room. Escorted to the motel room by an officer, the defendant attempted to slam the door shut as he entered the room but was prevented from doing so by the officer. In plain view, the officer observed a large quantity of white powder and drug paraphernalia on the table in the motel room. Coira-Burgos was detained. During the execution of a search warrant in the room, investigators recovered approximately 15 grams of suspected heroin, six Clonazepam pills, scales, wax paper bags, latex bands and containers. In addition, a loaded firearm was also recovered. Quantities of cocaine and cocaine mixed with fentanyl were also found in the room.

The complaint is the result of an investigation by the Amherst Police Department, under the direction of Chief Scott Chamberlin and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Augrom, III, 35 of Bath, NY, who was convicted of possession of child pornography following a prior child pornography conviction, was sentenced to serve 121 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in July 2020, an undercover law enforcement officer was investigating individuals using peer-to-peer file sharing applications to share child pornography over the internet. During the undercover session, the officer downloaded numerous pictures and videos of child pornography that traced back to an IP address belonging to the defendant. Some of the images and videos included children younger than 12 years old engaged in sexual conduct with adults, as well as depictions of violence. On December 10, 2020, investigators executed a search warrant at Augrom’s William Street residence and seized electronic items that were later found to contain more than 600 images depicting child pornography.  The defendant is a Level III register sex offender on the New York State Sex Offender Registry, following two prior New York State child pornography convictions.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Jones, 48, of Lockport, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute cocaine. The charge carries carry a maximum penalty of 20 years in prison. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on November 29 and December 20, 2017, the Drug Enforcement Administration conducted controlled purchases of cocaine from the defendant. On February 23, 2018, investigators executed a search warrant at Jones’ Gooding Avenue residence and recovered a box of sandwich bags consistent with narcotics distribution, plastic bags containing cocaine residue, three digital scales containing cocaine residue, 207 grams of cocaine, approximately 33 grams of marijuana, and $12,000 in United States currency.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for January 18, 2022, before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian Cintron, 37, and Edwin Junior Gallardo-Ortiz, 35, both of Rochester, NY, were arrested and charged by criminal complaint with conspiring and attempting to possess with intent to distribute five kilograms or more of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10,000,000 fine. 

Assistant U.S. Attorney Sean C. Eldridge stated that according to the criminal complaint, a search warrant was executed on a U.S Postal Express Mail Parcel sent from Puerto Rico and addressed to defendant Cintron at a Waverly Place residence. The parcel contained approximately eight kilograms of cocaine. The contents were replaced with “sham” and the parcel was delivered. A law enforcement officer, dressed as a letter carrier, approached the residence, and identified Clinton who stated that he had been waiting a while for the parcel. Cintron took the parcel and left the area about a short time later in a vehicle driven by defendant Gallardo-Ortiz, who had been driving around the area of the Waverly Place residence for at least an hour prior to the delivery of the parcel.

Investigators followed the vehicle, which began traveling at higher rates of speed, passing cars over double yellow lines, failing to use turn signals, using the center turn lane to pass vehicles, running red lights and passing stop signs at intersections.  After losing sight of the vehicle for a period of time, the vehicle was observed driving with a flat tire and at a normal speed rate. Investigators again followed the vehicle, which once again sped up. As law enforcement attempted to contain the vehicle, defendant Gallardo-Ortiz attempted to evade one law enforcement vehicle and struck another law enforcement vehicle. The vehicle was stopped, where both Gallardo-Ortiz and Cintron were taken into custody. 

Video footage from the area of the vehicle chase showed defendant Cintron getting out of the vehicle and attempting to throw the drug parcel into a dumpster.  The parcel didn’t fit in the dumpster, so defendant Cintron went back to the vehicle and spoke with defendant Gallardo-Ortiz, after which he walked around the dumpster and placed the parcel behind the dumpster, where it was later recovered. 

The eight kilograms of cocaine seized has an approximate street value in Rochester of between $500,000 and $800,000.

Cintron and Gallardo-Ortiz made an initial appearance before U.S. Magistrate Judge Marian W. Payson Magistrate and are being held pending detention hearings on September 8, 2021.  

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Joshua W. McCallister of the Boston Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.   

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Miguel Ramos, 20, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to rioting for his role in violent protests held in the City of Rochester in May 2020. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

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

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

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

Sentencing is scheduled for December 2, 2021, at 9:15 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 James P. Kennedy, Jr. announced today that Elison A. Ledesma-Melo a/k/a Carlos Rivera Perez a/k/a Ostin M. Echevarria-Roman, 46, a native of the Dominican Republic, who was convicted of possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl, was sentenced to serve 30 months in prison by U.S. District Judge John L. Sinatra, Jr. The defendant will be deported to the Dominican Republic once his sentence is complete.

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that in August 2018, the Drug Enforcement Administration began investigating the drug trafficking activities of the defendant who was a retail distributor of heroin in the Buffalo area. Ledesma-Melo traveled to the New York, NY, area to obtain heroin which he then brought back to Buffalo for distribution. On September 11, 2019, investigators conducted surveillance of the defendant’s vehicle as it traveled between the Buffalo area and the New York area. A traffic stop of Ledesma-Melo’s vehicle was conducted on Route 20A in Warsaw, NY. The defendant produced a Puerto Rico driver’s license in the name of Ostin M. Echevarria-Roman with a March 1972 birthdate. Following a brief roadside conversation, during which Ledesma-Melo provided false information and exhibited unusual behavior, a New York State Trooper searched the vehicle. A K-9 narcotics detection dog was also brought to the scene to assist in the search. The K-9 made a positive indication for the presence of narcotics in the rear seat/hatch area. A follow-up search of that area resulted in the recovery of a plastic bag which contained in excess of 100 grams of suspected heroin. Ledesma-Melo was taken into custody.

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, 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 James P. Kennedy, Jr. announced today that Shaneesha White, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to wire fraud involving benefits connected to a presidentially declared national emergency. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
 
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between June 2020 and February 2021, the defendant defrauded the New York State Department of Labor by fraudulently collecting unemployment insurance benefits, to which she was not entitled. White applied for and received benefits in her own name, under false and fraudulent pretenses. The defendant and others also used the personal identifying information of two individuals fraudulently to create benefit accounts and collect benefits in the names of these individuals. The benefit money was deposited into bank accounts held and controlled by the defendant at Key Bank.  Key Bank also issued ATM cards in both the White’s name and in the names of the two individuals, which the defendant used to make cash withdrawals of the benefits. As a result of the fraud, the defendant unlawfully collected $48,833.15 in benefits. 
 
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. It expands states’ ability to provide unemployment insurance for many workers impacted by COVID-19, including for workers who are not ordinarily eligible for benefits. The CARES Act provided for three new UI programs: Pandemic Unemployment Assistance (PUA); Federal Pandemic Unemployment Compensation (FPUC); and Pandemic Emergency Unemployment Compensation (PEUC).
 
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
 
The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; and the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.
 
Sentencing is scheduled for January 14, 2022, before Judge Vilardo.   

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Danielle Tooley, 36, of Batavia, NY, was arrested and charged by criminal complaint with wire fraud and theft of government funds. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, between July and December 4, 2020, the defendant and others knowingly used the personal identifying information of other individuals unlawfully to apply for and collect unemployment benefits connected to federal COVID-19 relief programs. 

The scheme came to the attention of law enforcement on November 24, 2020, when Tooley was arrested by the New York State Police on charges of criminal possession of a controlled substance during a vehicle traffic stop in Bergen, NY. During the interaction with the defendant, troopers observed a crack pipe with white residue inside of Tooley’s vehicle. After the arrest, the defendant’s vehicle was searched, and six New York State unemployment benefit cards were recovered. The benefit cards were issued to individuals other than Tooley. The benefit cards were turned over to the Buffalo Field Office of the U.S. Department of Labor, Office of Inspector General, for further investigation.  A subsequent examination of bank records for the benefit cards revealed several indicators of fraud and video footage from ATMs where the cards were used confirmed that the defendant had consistently withdrawn money from the cards. Tooley routinely used the personal identifying information of others in order to apply for and collect unemployment benefits in their names. In total, the scheme resulted in a loss of at least $99,141.39 to the United States.  

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

The criminal complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso; and the New York State Police, under the direction of Major Barry Chase. 
 
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raymond D. Stover, 36, of Buffalo, NY, who pleaded guilty to wire fraud, was sentenced to serve 29 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $169,330.03 to TJ Maxx Companies, Inc.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between May 2014 and August 18, 2018, the defendant participated in a multi-state scheme to defraud TJ Maxx Companies, Inc. (TJX) by engaging in receipt-less returns of stolen merchandise. TJX operates various retail chains, including Marshals and T.J. Maxx. During the course of the scheme, Stover stole items from TJX stores, and then returned the stolen merchandise without a receipt in exchange for a Store Value Credit (SVC) using identification documents in his name and the names of aliases he used. The defendant then sold the SVC gift cards he obtained to individuals and pawnshops for cash.

Specifically, on June 4, 2018, Stover entered a Marshalls store on Military Road in Niagara Falls, NY. Video surveillance captured the defendant taking four men's shirts into a dressing room. While inside the dressing room, Stover placed four non-Marshalls shirts, which were concealed under his own clothes, on the Marshalls hangers, and then placed the non-¬Marshalls merchandise on a rack on the sales floor. The defendant then left the store with the Marshalls merchandise concealed under his own clothes and without paying for the items. Later that same day, Stover went to the Marshalls store on Maple Road in Williamsville, NY, and conducted two receipt-less returns of the four shirts he stole earlier in the day, receiving a total of $157.08 loaded onto TJX SVC gift cards.

During the course of the scheme, Stover received a total of $149,360.11 in TJX SVC gift cards. In addition, TJX Investigators spent $19,969.92 investigating the defendant.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jaelyn Castro, 23, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute cocaine. The charge carries a maximum sentence of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that on May 8, 2021, Buffalo Police officers encountered a vehicle that was parked illegally outside of a store located at the intersection of Hampshire Street and Plymouth Avenue. As officers approached the vehicle, they advised the defendant, who was sitting in the driver’s seat, to remain stationary. However, Castro continued to move around in the driver seat. The officers then asked the defendant step out of the vehicle. During a search of Castro, an officer recovered two large baggies containing suspected cocaine.

The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for February 17, 2022, before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Soroush Hamedi, 27, of Rochester, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum sentence of five years in prison and a maximum sentence of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant was part of a group of individuals who ran a drug house at 192 Weaver Street in the City of Rochester. The defendant and others sold quantities of fentanyl and cocaine from the house between January 2018 and February 25, 2020. The defendant admitted to trafficking between 160 and 280 grams of fentanyl during the conspiracy.

On February 25, 2020, special agents of the Drug Enforcement Administration and other law enforcement personnel executed a search warrant at the defendant’s residence at 19 Dale Street, Rochester, New York. At the time, the defendant was present inside the residence. During the search, the investigative team recovered, among other things, a clear plastic bag containing 10.064 grams of fentanyl in the basement ceiling at the bottom of a vent pipe after the defendant threw the bag down the vent.

As part of his guilty plea, the defendant admitted to selling a quantity of fentanyl to a 27-year-old female who later suffered a non-fatal overdose.

The plea is 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 Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan.

Sentencing is scheduled for December 6, 2021, at 3:00 p.m., before Chief Judge Wolford.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Dixon, 39, of Rochester, NY, who was convicted of possession of cocaine with intent to distribute and felon in possession of a firearm and ammunition, was sentenced to 70 months imprisonment by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on at approximately 2:30am on March 11, 2020, officers observed the defendant in the area of Gillette Street, Rochester with an open bottle of alcohol.  As other officers arrived, the defendant attempted to flee but was quickly apprehended and searched incident to arrest. During the search, officers recovered 22 grams of cocaine; a loaded semiautomatic pistol; and approximately $586 in United States currency from the defendant’s person.  The defendant was prohibited from possessing the firearm and ammunition based upon a 2004 conviction for Robbery in the First Degree in Monroe County Court. 

The sentencing is the result of an investigation by Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan 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 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.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Mary Kettle, 38, of Olean, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, butyryl fentanyl, was sentenced to serve four years’ probation by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between July 2018 and December 30, 2018, the defendant conspired with Erin Cameron and others sell butyryl fentanyl. Erin Cameron was previously convicted and is awaiting sentencing. 

On October 22, 2018, the Bureau of Indian Affairs, Drug Enforcement Administration, and the Southern Tier Regional Drug Task Force set up a controlled purchase of butyryl fentanyl with Erin Cameron. The delivery of the butyryl fentanyl was made by the defendant. A second controlled purchase of butyryl fentanyl was made on February 6, 2019, and once again Kettle made the delivery.

The sentencing is the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, 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 James P. Kennedy, Jr. announced today that Dante Dolson, 52, of Niagara Falls, NY, who was convicted of conspiring to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 97 months imprisonment and supervised release for a term of two years by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Joshua A. Violanti and Misha A. Coulson who handled the case, stated that between December 2016, and August 24, 2017, the defendant conspired with others to sell cocaine in the Western District of New York On at least four occasions, Dolson coordinated the transportation of 10 kilograms of cocaine to the Niagara Falls/Buffalo, NY area for distribution. On each occasion, the defendant worked with co-conspirators to conceal the cocaine within a “trap” hidden under the hood of the vehicle used to transport the cocaine in order to avoid detection by law enforcement.

On August 24, 2017, members of the Niagara Falls Police Department executed a New York State search warrant at a residence on Independence Avenue in Niagara Falls, the associated detached garage, and a vehicle registered to Dolson. The location was the residence of a relative of Dolson. When investigators entered the detached garage, the defendant was observed rolling beneath the garage door to flee from the area. Investigators also noticed that the hood of a minivan in the garage was ajar and a socket wrench was attached to a bolt securing one of the windshield wipers. The defendant had been attempting to open the “trap” contained in the engine compartment of the vehicle and concealed behind a plastic shield underneath the wiper area.

Investigators recovered five full kilos and two half-kilo sized bricks of suspected cocaine wrapped in black plastic sitting on top of the seat cushions of a couch positioned along one of the walls within the garage. $5,000 in cash was also found in another vehicle on the property.

The sentencing is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief John Faso, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, 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 James P. Kennedy, Jr. announced today that Herbert L. Brock, 44, of Rochester, NY, who was convicted of felon in possession of firearm, was sentenced to 27 months imprisonment by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that at approximately 10:07 p.m. on September 24, 2020 police began investigating a Shotspotter activation in the area of Zimbrich Street in Rochester.  During the investigation, police followed a suspect vehicle to Sullivan Street where the driver and sole occupant of the car, later identified as the defendant, exited the vehicle and ran into a home.  While the defendant ran into the house he tossed a handgun.  Police secured the location and obtained consent to search the vehicle and home.  Upon searching the vehicle, officers recovered three fired cartridge cases.  The recovered cartridges were compared microscopically with each other and with tests fired in the recovered firearm. Based upon the comparison, a firearms examiner determined that the cartridge cases were fired from the recovered firearm.  The defendant was prohibited from possessing a firearm based upon a 2005 felony conviction for Criminal Possession of a Weapon in the Third Degree. 

The sentencing is the result of an investigation by Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan 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 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.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shakell Sanks, 27, of Rochester, NY, who was convicted of rioting for his role in violent protests held in the City of Rochester in May 2020, was sentenced to serve five months in prison by U.S. District Judge Larimer.

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

At approximately 6:00 p.m. on May 30th in downtown Rochester, Sanks assisted others in attempting to light fabric on fire. The fabric was stuffed into the gas tank of a parked car belonging to the City of Rochester Family Crisis Intervention Team (FACIT). At approximately 6:20 p.m., the FACIT car began to smoke and shortly thereafter became engulfed in flames. The car was a total loss.

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

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

ROCHESTER, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Peter R. Kiwitt, 62, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to sex trafficking by coercion. The charge carries a mandatory minimum penalty of 15 years in prison. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated Kiwitt is a registered sex offender who committed this offense while on probation in Monroe County. This investigation commenced in January 2019 after Rochester Police Department officers responded to a residence in the City of Rochester for the report of a fatal overdose involving a minor victim. The owner of the apartment found the minor deceased on his living room floor and called 911. He told officers he brought the minor victim back to his residence to engage in commercial sex acts with her. The investigation determined Kiwitt was sex trafficking the minor victim until shortly before her death, using the victim’s addiction to heroin to coerce her to engage in commercial sex acts with men in the Rochester area.

Sentencing is scheduled for November 22, 2021, at 9:15 a.m. before Judge Siragusa.

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 Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Amanda L. Rickard, 41, of Caneadea, NY, who was convicted of aiding and assisting in the preparation of a false and fraudulent tax return, was sentenced to serve 36 months’ imprisonment by U.S. District Judge John L. Sinatra, Jr.  Rickard was also ordered to pay $58,819 in restitution to the IRS and $19,772 in restitution to the New York State Department of Taxation and Finance.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that between 2011 and 2018, the defendant prepared income tax returns for friends and acquaintances. During that time, Rickard reported materially false information on her clients’ individual income tax returns.

For example, in April 2018, the defendant prepared and filed a tax return for Client 1, which identified a child, Dependent 1, as Client 1’s nephew and dependent. However, Dependent 1 was not Client 1’s nephew, and Client 1 did not provide support for Dependent 1 during 2017. As a result of the false statement, Client 1 claimed an entitlement to a tax refund to which Client 1 was not entitled.

Between 2011 and 2018, Rickard prepared and filed 23 individual tax returns which identified dependents that the taxpayer was not entitled to claim. The defendant maintained a notebook identifying the names, dates of birth, and Social Security numbers of a number of children—including Dependent 1—whose parents had not claimed them as dependents on their own tax returns. Rickard then used this information to prepare the materially false tax returns on her clients’ behalf. During that same time period, the defendant also prepared and submitted individual tax returns on behalf of taxpayers who had not authorized her to do so.

The sentencing is the result of an investigation by the Internal Revenue Service Criminal Investigation, under the direction of Acting Special Agent-in-Charge Thomas Fattorusso, and the New York State Department of Taxation and Finance.

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Ray Chrostowski, 26, of Buffalo, who was convicted of breaking into and larceny from interstate carrier facilities, was sentenced to serve 18 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between May and June of 2018, the defendant entered on railroad cars containing interstate shipments of freight in transit on nine separate occasions with co-defendants Paul Krieger and Nicholas Birdwell.  Working together, they broke into railcars and removed the property therefrom.  On one occasion they broke into a railcar carrying automobiles and removed the tires and rims off of two vehicles.  As a result of this conduct, the total loss relating to these vehicles was over $4,718.16.  A large quantity of Jefferson bourbon valued at $3,118.80 was also stolen. 

Defendants Birdwell and Krieger were previously convicted and are awaiting sentencing.                                                     

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 CSX Police, under the direction of Chief Sean Douris.

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