Western District of New York

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis D. Marcano-Agosto, 36, of Rochester, NY, who was convicted of theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon, was sentenced to serve 156 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $41,500 in restitution to August Chinappi, the victim of the burglary and the former owner of Chinappi’s Firearms & Supplies.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Marcano-Agosto, along with co-defendants Dakota Sarfaty and Marcos D. Guzman, broke into Chinappi’s Firearms & Supplies – a gun store located at 5016 West Ridge Road in Spencerport, NY – in the early morning hours on August 16, 2018, and stole a total of 87 firearms. Sarfaty entered the basement through the hole in the wall and, together with Marcano-Agosto and Guzman, stole the guns, almost all of which were handguns. Thereafter, Guzman, Sarfaty and Marcano-Agosto sold many of the firearms on the streets of Rochester. Sarfaty also previously broke into Chinappi’s Firearms & Supplies and stole six firearms on August 12, 2018.

To date, approximately 31 of the stolen firearms have been recovered by law enforcement.  The remainder of the stolen firearms have not yet been recovered.

Sarfaty was convicted and sentenced to serve 175 months in prison, while Guzman was convicted and sentenced to serve 240 months in prison.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Cynthia Herrion-Sullivan.

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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 Dr. Nora Meaney-Elman, a Williamsville physician, has agreed to pay $60,000 to resolve allegations that she violated the Controlled Substances Act by failing to safeguard the token and password she used to e-prescribe controlled substances.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between September 2015 and March 2018, Dr. Meaney-Elman failed to safeguard her controlled substance prescribing token and password. As a result, her employee, Kristy Brucz, used the token and password to write 156 illegal prescriptions for controlled substances. Brucz wrote the prescriptions in her own name and in the names of 12 other individuals, both real and fictitious, and had the prescriptions filled at various area pharmacies.

Kristy Brucz was convicted criminally of obtaining a controlled substance by fraud and was sentenced in September 2020 to serve two years’ probation and ordered to pay restitution totaling $1,911.23.

“As its name implies, the Controlled Substance Act is premised on the notion that the prescribing and distribution of certain dangerous and/or addictive substances must be controlled,” noted U.S. Attorney Kennedy. “When those entrusted with such control fail to safeguard their prescribing credentials—as Dr. Meaney-Elman did here—the entire regulatory scheme is undermined.”

The settlement with Dr. Meaney-Elman 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 claims resolved by the settlement are allegations only, and there have been no determinations of liability. 

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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 Vanessa Rondeau, 26, of Montreal, Quebec, was arrested and charged by criminal complaint with Lacey Act Trafficking, Lacey Act False Labeling, and smuggling. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, the defendant owns and operates a business called The Old Cavern Boutique in Montreal, which offers for sale a variety of unique curiosity and oddity items, many composed in whole or in part from wildlife. A review of The Old Cavern Boutique’s Facebook page revealed numerous wildlife items for sale, many of which are protected under Federal laws.

On August 29, 2019, Rondeau advertised a taxidermy mounted crow for sale through Facebook for $325. The advertisement included a photograph and instructions to “pm [private message] if interested.” On September 20, 2019, United States Fish and Wildlife Service (USFWS) Special Agent sent the defendant a Facebook private message, in a covert capacity, inquiring about the crow mount. The Special Agent stated that he resided in the United States and asked about the cost to have the crow mount shipped, and about any problems shipping “these things” to the United States because it might be a “protected species.” Rondeau replied that she has never had a problem and explained, “I label them as Art piece.”

On December 3, 2019, and again on December 28, 2019, Rondeau offered a polar bear skull for sale. The post included photographs listed an asking price of $750 dollars (in the first posting) and $799 (in the second posting). The post instructed interested buyers to “pm [private message] if interested.” On January 13, 2020, in a covert capacity, the USFWS Special Agent contacted the defendant and requested photos of any available polar bear skulls. Rondeau sent a photograph of a polar bear skull with a comment that it was her “Last one.” The defendant offered to sell the polar bear skull for $750, plus $30 for shipping to Buffalo, NY. After requesting and receiving additional photographs, the Special Agent agreed to buy the polar bear skull. The Special Agent received the polar bear skull on February 2, 2020.

On January 24, 2021, Rondeau posted an advertisement for another polar bear skull for sale for $699 on The Old Cavern Boutique Facebook page. The Special Agent again expressed interest in buying the polar bear skull, and the defendant agreed on the price of $685 for the skull, which included a $35 shipping fee. On February 11, 2021, the Special Agent received the second polar bear skull.

The defendant made an initial appearance in U.S. District Court in Vermont and was released on $50,000 cash bail. Rondeau will appear in the Western District of New York on June 15, 2021, at 11:30 a.m. before U.S. Magistrate Judge Michael J. Roemer.

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

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 Louis Gilbert, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.

Assistant U.S. Attorneys Richard Antoine and Laura A. Higgins, who are handling the case, stated that between July 2019, and January 10, 2020, the defendant conspired with others to sell cocaine. On January 10, 2020, Gilbert and co-defendant Saan Thompson engaged in a text communication regarding a drug sale. Thereafter, investigators set up surveillance in the vicinity of 189 May Street and observed Thompson and Gilbert meet inside of the residence. Afterwards, Erie County Sheriff’s deputies conducted a traffic stop of the vehicle Gilbert was driving and he was found in possession of suspected cocaine.

Saan Thompson and another co-defendant Ronnie Charleston were previously convicted and are awaiting sentencing. Charges remain pending against co-defendant Antoine Gilbert. 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, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Safe Streets Task Force,  under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.   

Sentencing is scheduled for September 14, 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 Harold McDonald, 23, of Virginia, pleaded guilty before U.S. District Judge John L. Sinatra to conspiring to distribute 1,000 kilograms or more of marijuana. The charge carries 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 Misha Coulson, who is handling the case, stated that on August 23, 2020, a commercial tractor bearing Canadian plates was encountered at the Peace Bridge Port of Entry and was said to contain two shipments of empty plastic bottles and paper product. The truck was referred to secondary inspection for a vehicle x-ray scan. A physical inspection of five wooden pallets inside revealed 1,848.5 kilograms of marijuana located on pallets.

Subsequently, law enforcement officers conducted a controlled delivery operation. This included a vehicle stop of a Jeep Cherokee in which the defendant was riding. The Jeep was observed following the shipment of marijuana and conducting counter surveillance of law enforcement in the area. Law enforcement observed a loaded 9mm semi-automatic handgun partially tucked under the defendant’s leg. An additional loaded magazine for the handgun was later located on McDonald’s person. Also, in the vehicle at the time of the stop were co-defendants Joseph Lee Ellis and Heather Nicole Dommer, who was driving the vehicle.

Charges remain pending against co-defendants Joseph Lee Ellis and Health Nicole Dommer. 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 Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing will be scheduled at a later date.

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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 Daniel Rammacher, 62, of Rochester, NY, was arrested and charged by criminal complaint with receiving and possessing child pornography, following a New York State conviction of Sexual Abuse in the First Degree. The charges carry a minimum penalty of 15 years in prison, a maximum of 40 years prison, and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, in 2014 the defendant was arrested by the New York State Police in Warren County, NY, after it was discovered that he sexually abused a four year old female in his care.  Rammacher was convicted and sentenced to serve 10 years of sex offender probation.  In 2015, defendant moved to Rochester and his probation supervision was transferred to the Monroe County Probation Department. During a routine visit in 2019, Probation Officers discovered that Rammacher possessed a laptop computer, which contained sexually explicit material in violation of his probation conditions.

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing.

The criminal complaint is the result of an investigation by the Monroe County Probation Department, under the direction of Chief Probation Officer Jennifer Ball, and the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Richard E. Kinsey Jr., 36, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo, to conspiracy to possess with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.

Assistant U.S. Attorneys Joshua A. Violanti and Nicholas T. Cooper, who are handling the case, stated that between September 2019, and February 20, 2020, the defendant conspired with co-defendant Brandi Whitford to sell methamphetamine. On September 6, 2019, investigators executed a search warrant at the residence Kinsey shared with Whitford on Newland Avenue in Jamestown. During the search, three firearms were recovered. A fourth firearm was thrown from the residence during the search. In addition, investigators recovered approximately 159 grams of methamphetamine, approximately $12,045 in US currency, assorted ammunition, and drug paraphernalia. On October 23, 2019, investigators executed another search warrant at the residence and recovered an additional 53 grams of methamphetamine.

On February 20, 2020, investigators assisted the U.S. Marshal’s Service with locating Kinsey, who was wanted on a federal arrest warrant. After learning the defendant might be at a residence on Hedges Avenue in Jamestown, law enforcement made an attempt to contact Kinsey who attempted to flee before being taken into custody. Investigators recovered methamphetamine, a digital scale, drug paraphernalia, brass knuckles, and a loaded handgun from the Hedges Avenue residence.

Terrance McRae was previously convicted and sentenced to serve 36 months in prison. Brandy Whitford was also previously convicted and is awaiting sentencing.

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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; and the United States Marshals Service, under the direction of Marshal Charles Salina.

Sentencing is scheduled for October 8, 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 Sean Barrett, 30, of Sanborn, NY, who was convicted of delay or destruction of mail, was fined $600.00 by U.S. Magistrate Judge Jeremiah J. McCarthy.     

Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that the defendant was employed as a U.S. Postal Service mail carrier assigned to the Lewiston Post Office and responsible for mail deliveries in Lewiston and Youngstown, NY. On October 13, 2020, Barrett was to deliver 1,314 mail pieces, including 502 first class mailings, two certified mailings, and 794 standard mailings, for delivery in the Youngstown area. Instead of delivering those mail pieces, the defendant placed them in a wooded area off Pletcher Road in Youngstown. They were recovered later that day by law enforcement officers. Six days later, on October 19, 2020, fourteen bundles of banded Western New York Value newspapers, dated between August 29 and October 10, 2020, were discovered by USPS agents discarded in a wooded area just west of where the mail pieces were discovered. Barrett was interviewed by USPS agents on October 20, 2020 and admitted to dumping the mail and newspapers instead of delivering them.

The sentencing is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and the Lewiston Police Department, under the direction of Chief Frank Previte.

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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 Shaquelle Coleman, 28, of Jamestown, NY, who was convicted of possession with intent to distribute crack cocaine, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that on January 23, 2019, the defendant was arrested with another absconding parolee, Earl Stone Jr., for violating terms of parole. Coleman and Stone were located in the upstairs bedroom of a residence on West 7th Street in Jamestown. During a search of the two defendants, law enforcement officers recovered $1,400 in U.S. Currency. They also recovered a quantity of suspected crack cocaine, a digital scale with white residue, and three cellular telephones from the residence.

Earl Stone was previously convicted and sentenced to serve 32 months in prison.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Jamestown Police Department, under the direction of Chief Timothy Jackson; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; and the New York State Police, under the direction Major James Hall.

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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 Dustin Post, 25, of Fredonia, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to production and possession of child pornography. The charges carry a mandatory minimum penalty of 25 years in prison, a maximum of 50 years in prison, and a fine of $250,000.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that the New York State Police in Fredonia began investigating the defendant after receiving a parental complaint involving the commission of a possible sex offense upon a minor.

In the summer of 2019, Post video-recorded his abuse of a 12-year-old girl. On November 15, 2019, investigators removed a cellular telephone, a laptop computer, and four flash drives from the defendant’s residence. An initial review of the electronic devices recovered multiple images and videos of suspected child pornography.

The plea is a result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major James Hall.

Sentencing is scheduled for October 1, 2021, at 9:30 a.m. before Judge Vilardo.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Roger Roberts, 49, of Wolcott, NY, was arrested and charged by criminal complaint with possession of child pornography involving prepubescent minors and receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in October 2020, the New York State Police in Wolcott received a complaint regarding the online activities of the defendant. On October 19, 2020, investigators searched the defendant’s residence on East Port Bay Road in Wolcott. During the search, investigators observed impressions in the carpeting in the first-floor den, indicating that furniture had recently been removed. Power cords and computer related equipment were present in the den; however, no computer was present. Investigators found an iPhone and two shotguns in the residence. During the search of a barn located on the property, just across the street from the main residence, investigators discovered damaged remains of a computer desk and computer components in a garbage tote in the driveway of the barn. Notably absent was a computer tower and/or hard drive. Concealed within a pile of wood scraps inside the barn were a damaged computer tower, another iPhone, and 10 additional firearms.

A forensic review of the computer recovered 69 images and 13 videos of child pornography. The images included the sexual abuse of minors. In addition, investigators recovered Snapchat messages that were sexual in nature involving the defendant and a 13-year-old from one of the iPhones.

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

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 Upper Allegheny Health System (UAHS), a health care system which operates several dental clinics in the Southern Tier of New York and in Pennsylvania, has agreed to pay $2.7 million dollars to resolve False Claim Act allegations. Under the settlement, the federal government will receive approximately $1.3 million dollars. 

Assistant U.S. Attorney MaryEllen Kresse, who handled the case for the U.S. Attorney’s Office in Buffalo, stated that between April 1, 2010, and May 31, 2015, UAHS submitted false claims to Medicaid for dental services that were performed using handpieces which had not been appropriately sterilized. Dental handpieces are considered semi-critical devices and are therefore required to be heat sterilized between each patient use.  UAHS failed to purchase sufficient dental hand pieces to allow for such heat sterilization. Instead, UAHS directed personnel to use CaviWipes to “clean” handpieces between patients. The government alleged that billing Medicaid for services provided using unsterilized dental handpieces violates the Federal False Claims Act as well as the New York False Claims Act.

“It is inconceivable that a healthcare business would seek to cut corners when it comes to the appropriate cleaning and sterilization of medical devices,” noted U.S. Attorney Kennedy. “This settlement under the False Claims Act holds Upper Allegheny accountable for the risks created for patients in the past, while ensuring that in the future patient safety will be preserved and that taxpayers will only pay for services which are properly provided.”

This settlement was reached by the U.S. Attorney’s Office for the Western District of New York, in conjunction with the U.S. Attorney’s Office for the Western District of Pennsylvania, and the New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU).

The case against UAHS was brought in federal court by a whistleblower who alleged the health system violated the federal False Claims Act and the New York False Claims Act by improperly billing health care programs. Under the federal False Claims Act, private citizens are permitted to bring lawsuits known as qui tams on behalf of the United States and receive a portion of the proceeds of any settlement or judgment awarded against a defendant.

New York's Medicaid program provides medical insurance to groups of low-income people and individuals with disabilities. Medicaid is a nationwide program jointly funded by the federal government and states. Medicaid eligibility, benefits, and administration are managed by states within federal guidelines.

The claims resolved by this settlement are allegations only, and there have been no determinations of liability.

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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 Arthur Everett, 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to commit firearms offenses and being a felon in possession of firearms. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine. 

“With violence skyrocketing in Buffalo, my office remains committed to doing all that we can to apprehend those who are helping to fuel this violence by illegally trafficking guns in our community,” stated U.S. Attorney Kennedy. “Today’s illegally trafficked guns become tomorrow’s crime guns.”

Assistant U.S. Attorneys Caitlin M. Higgins and Charles E. Watkins, who are handling the case, stated that between February 2018, and June 2019, the defendant, without being a licensed firearms importer, manufacturer, dealer, or collector, conspired with co-defendant Von Harmon to sell firearms. In May 2019, Everett introduced Von Harmon to an individual in Buffalo who bought seven firearms from Von Harmon for $6,000. The defendant was present during the sale, participated in price negotiations, and describing the firearms to the individual. The firearms included five pistols, a revolver, and a handgun.

In October 2009, Everett was convicted in Erie County Court of Criminal Possession of a Weapon in the Second Degree and Attempted Assault in the Second Degree. In April 2008, the defendant was convicted in Erie County Court of Attempted Criminal Possession of a Weapon in the Second Degree. As a result, Everett is legally prohibited from possessing a firearm.

Von Harmon was previously convicted and is awaiting sentencing.

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

Sentencing is scheduled for September 13, 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 Carlos Francisco Lopez, 32, of Los Angeles, CA, who was convicted of enticement of a minor to engage in sexual activity and attempting to transport a minor across state lines to engage in sexual activity, was sentenced to serve 147 months in prison and 15 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on January 16, 2018, the City of Tonawanda Police Department received a request to conduct a welfare check on a 15 year old girl (victim) who was reported to have run away from home and gotten on a bus. Police officers located the bus in Tonawanda, stopped it, and located the victim who was a passenger. The victim told officers she was running away from home and intended to travel to California to visit family, claiming that her uncle purchased the bus ticket for her.

Subsequent interviews revealed that the victim met an unknown individual, with the username “playfulchaos,” on the internet application Kik in a group for runaway youth. In addition to discussing the victim running away, the two also discussed having sex. According to the victim, the two continued to communicate on the internet application Text Free, making plans for the victim to travel to California.  

On January 18, 2018, an undercover law enforcement (UC) officer posed as the victim to continue to communicate with Lopez. The UC wrote, “hey u there... this bus ride sucks.” The UC stated she was due into California around 10:00 pm on January 19, 2018, and asked what to do upon arrival. The defendant replied, “call me or text me. Wait at the station, and ill send an uber.” Lopez was arrested after the UC sent a message that the bus had arrived and the defendant ordered an Uber.

In 2011 and 2012, Lopez was convicted of sexual offenses against minor children in the State of California. He is a registered sex offender. The defendant was released from prison in 2016 and is an active parolee. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; and the City of Tonawanda Police Department, under the direction of Chief William Strassburg.

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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 D’Mario Caesar, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life. 

Assistant U.S. Attorneys Michael J. Adler, Seth T. Molisani, and Richard Antoine, who are handling the case, stated that on April 24, 2018, investigators executed two search warrants at City of Buffalo residences associated with the defendant: 203 May Street and an apartment at 1040 Delaware Avenue. The search of 203 May Street resulted in the seizure of approximately 103 grams of fentanyl, over 300 grams of butyryl fentanyl, approximately 80 grams of cocaine, 37 glassine envelopes containing fentanyl, three digital scales, a metal press, and a bag of cut. In addition, investigators seized a .45 caliber pistol with 13 rounds of ammunition. At 1040 Delaware Avenue, investigators seized $11,000 in U.S. currency and additional drug packaging materials.

The plea is the result of an investigation by Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

Sentencing is scheduled for August 30, 2021, at 12:30 p.m. before Judge Arcara. 

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that James T. Keefe, 40, of Florida, who was convicted of conspiring to possess with intent to distribute, and distributing, oxycodone, hydrocodone, and amphetamine, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also sentenced to serve five years supervised release to include six months home detention.

“This case highlights the powerful grip of addiction,” stated U.S. Attorney Kennedy. “The defendant was a medical professional and was well aware of the dangers of the illegal use of prescription medications, yet he created a web of accomplices which allowed him to obtain controlled substances and continue to fuel his addiction.”  

“Now, more than ever, the public entrusts doctors with their health and well-being.  Today’s sentence demonstrates that when a doctor betrays that trust and risks the welfare of others, there are very real consequences,” said DEA Special-Agent-in-Charge Ray Donovan. “I applaud the hard work of our Buffalo District Office Diversion Investigators and Intelligence Analysts, as well as the fortitude of our colleagues at the U.S. Attorney’s Office, Western District of New York, who saw this case through.”

Assistant U.S. Attorney Joshua Violanti, who handled the case, stated that the defendant was a New York State licensed physician who was previously employed as a contracted physician at the Erie County Medical Center (ECMC), Mercy Hospital of Buffalo, and the Monsignor Carr Institute. Between January 1, 2014, and February 23, 2018, Keefe conspired to divert, and diverted, Schedule II and Schedule IV controlled substances by issuing fraudulent prescriptions to his co-workers, friends, and drug-dealing and drug-using associates, including, co-defendants Benjamin Rivera, Laura Ricotta, Takeya Rainey, and Phousavath Luangrath. These prescriptions were issued without a legitimate medical purpose and outside the usual course of professional practice.

The defendant and co-defendant Rivera have been associates for several years. For nearly five years, Rivera sold cocaine to Keefe, who was active user of cocaine, Adderall, and prescription opiates. In January 2014, the defendant began issuing prescriptions in the names of Rivera and nine of Rivera’s relatives and associates to exchange for cocaine and for a share of the prescribed drugs. Neither Rivera nor any of his relatives or associates were patients of Keefe.

In April 2015, the defendant began issuing prescriptions to Rivera’s girlfriend, co-defendant Laura Ricotta. Keefe also used the names and personal information of six relatives and associates of Ricotta to issue fraudulent prescriptions. Neither Ricotta nor any of her relatives or associates were patients of the defendant. Keefe often drove Ricotta to a pharmacy to a pharmacy to fill the prescriptions, which the two then split.

In the summer of 2017, the defendant began issuing prescriptions to co-defendant Takeya Rainey. Rainey also provided the names of her relatives and associates to Keefe, none of whom were his patients. In exchange for the controlled substances, the defendant sometimes gave Rainey gift or Visa cash cards.

Beginning in January of 2017, Keefe and co-defendant Luangrath were involved in an intimate relationship. At some point, the defendant Luangrath agreed to allow the defendant to issue prescriptions in her name.

Between January 1, 2014, and February 23, 2018, the defendant issued 179 fraudulent prescriptions in his own name and the names of others, for Schedule II and Schedule IV controlled substances.

Defendants Rivera, Ricotta and Luangrath were previously convicted and sentenced. Rivera was sentenced to time served (28 months). Ricotta was also sentenced to time served (15 months). Luangrath was sentenced to serve one-year probation. Defendant Rainey was also previously convicted and is awaiting sentencing.

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

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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 Dakota Casey, 29, of Lafayette, Indiana, who was convicted of transportation of child pornography, was sentenced to serve 120 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who handled the case, stated that on June 27, 2018, the defendant attempted to enter Canada from the United States using the Peace Bridge. Officials from Canada Border Services Agency (CBSA) discovered images of child pornography involving three minor victims on defendant’s cell phone. The defendant was refused entry into Canada, and he and his phone were turned over to U.S. authorities. In addition, between 2017, and June 27, 2018, Casey communicated with minors under the age of 18 years of age via the internet. Knowing that each was under the age of 16, the defendant requested that four victims take and send him child pornography images of themselves. Some of the images Casey persuaded two of the victims to produce portrayed sadistic conduct.

The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Canada Border Services Agency.  

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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 Timothy L. Mulvey, 34, of Grand Island, pleaded guilty before U.S. District Judge Richard J. Arcara to two counts of aggravated bank robbery, which carries a maximum penalty of 50 years in prison, and a $250,000 fine. 

Assistant U.S. Attorney Joshua Violanti, who is handling the case, stated that on June 27, 2018, the defendant entered the Northwest Savings Bank on Grand Island Boulevard on Grand Island and, wearing a disguise, approached the teller, displayed in his waistband a dangerous weapon that looked like a handgun, and demanded cash. Mulvey said to the teller, “you have 15 seconds to give me everything you have” and followed up stating “50’s and 100’s.” The victim teller passed the defendant approximately $2,044.00 in United States currency and Mulvey exited the bank. Thereafter, on July 11, 2018, the defendant entered the M&T Bank on Military Road in Niagara Falls. Wearing a disguise and carrying a bag, Mulvey approached the teller and demanded cash. The defendant told the victim teller “you have 30 seconds to give me everything” and pulled a dangerous weapon that looked like a black gun halfway out of his bag. The victim teller passed the defendant approximately $913.00 in United States currency, and Mulvey exited the bank.

At the time of the bank robberies, Mulvey was on New York State parole.  After the robbery, he met with his parole officer, Niagara Falls Police detectives, and members of the FBI for multiple interviews. During those interviews, the defendant provided conflicting and false information regarding his whereabouts on July 11, 2018. Mulvey also provided his cellphone to law enforcement and consented to its download. However, the defendant, with the assistance of his then girlfriend, attempted remotely to erase the phone while it was in the possession of law enforcement. When confronted about the wiping of his phone, Mulvey falsely blamed his employer. 

Between July 2018 and July 2019, while in the custody, the defendant’s telephone calls were subject to recording and monitoring. On July 22, 2018, Mulvey called his then girlfriend from jail and instructed her to search in the basement insulation of their shared residence and to take whatever she found and “Go find a dumpster somewhere and throw everything out.” The defendant told his girlfriend that New York State parole had planted something in the basement insulation “probably near the washer and dryer.” The girlfriend found a black gun wrapped in clear plastic and a black rectangular cartridge in the insulation of the basement ceiling. After discovering those items, the girlfriend went to Mulvey’s parents’ house and gave the gun to the defendant’s father, co-defendant Lawrence Mulvey. Soon thereafter, that gun, which had been used in the robbery of the M&T Bank on July 11, 2018, was thrown away. 

Mulvey made several other phone calls related to the investigation of the bank robberies to his then girlfriend, mother (co-defendant Cheryl Mulvey), and others. On a September 27, 2018, recorded jail call, the defendant instructed his girlfriend that if she were to speak to law enforcement again, she should tell them that she was drunk and coerced to give her prior statement. During a March 2, 2019, recorded jail call, Mulvey and his mother discussed Cheryl Mulvey’s pending grand jury appearance. The defendant stated, “You have the right to plead the Fifth. You don’t have to say anything to these people if you don’t want to.” On other calls during March 2019, Mulvey and his mother discussed his girlfriend and her relationship to the investigation. During one call, the defendant asked Cheryl Mulvey after her grand jury appearance, “Well, they, you made it pretty clear that she was drinking during this time, right?” 

Charges remain pending against Mulvey’s parents Lawrence and Cheryl, and his sister Kelsey for their roles in this case. 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. Kelsey Mulvey, a former nurse at Roswell Park Cancer Center, previously pleaded guilty in a separate case to tampering with a consumer product for stealing controlled medications from medication dispensing machines and is awaiting sentencing.

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

Timothy Mulvey is scheduled to be sentenced on September 2, 2021, before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jordan Sowersby, 27 of Painted Post, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing child pornography depicting prepubescent minors, after having sustained a prior child pornography conviction. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, a lifetime period of supervised release, and a $250,000 fine.

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

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

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

Sentencing is scheduled for August 24, 2021, at 10:00 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 Tiana Matias, 28, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to Hobbs Act Robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. In addition, Philip Purdue, 42, also of Buffalo, pleaded guilty to possessing and brandishing a firearm in furtherance of a crime of violence, which carries a mandatory minimum penalty of seven years in prison, a maximum of life, and a $250,000 fine. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on February 19, 2019, defendant Matias placed a food delivery order with the Niagara Deli & Pizzeria utilizing *67 as a means to hide her telephone number. As the delivery driver (Victim A) arrived on Gorton Street in Buffalo, Matias texted co-defendant Jacob Melvin that the delivery driver was “outside.” Brandishing a firearm, Melvin approached Victim A and demanded money. Melvin then stole money and food from the delivery driver and ran into the area of 36 Hoffman Street in Buffalo. At 36 Hoffman Street, Buffalo Police Officers found the Matias and Melvin. Officers also located the stolen food inside the residence.

On March 1, 2019, defendant Purdue and co-defendant Jacob Melvin committed an armed robbery at Parkside Village, LLC, an apartment/housing complex on Shelley Court in Tonawanda, NY. Purdue and Melvin entered Shelley Court and proceeded to the leasing office. Melvin brandished a firearm at a tenant and a rental agent and started demanding money. Melvin then began taking money, checks, and money orders from inside a desk drawer. Melvin then demanded the leasing agent get up and face the wall. While he was up against the wall with a handgun pointed at him, Melvin stole the leasing agent’s wallet which contained cash. At one point during the robbery, Melvin dropped the money and Purdue came into the room to help him. Purdue, who operated as a lookout, noticed a video camera, pulled his hood up, grabbed a white rag, and started wiping down areas where he and Melvin touched. Purdue and Melvin then left on foot. The two men shared the stolen proceeds.

Hobbs Act Robbery and various firearm offenses remain pending against co-defendant Jacob Melvin. 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 pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Tonawanda Police Department, under the direction of Chief James Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

Matias is scheduled to be sentenced on August 16, 2021, at 12:30 p.m., and Purdue is scheduled to be sentenced on August 20, 2021, at 12:30 p.m. Both sentencings will be before U.S. District Judge Richard J. Arcara. 

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dijon Harris, 54, of Buffalo, NY, who was convicted of possessing with intent to distribute 28 grams or more of crack cocaine, and possessing a firearm in furtherance of drug trafficking activity, was sentenced to serve 175 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 5, 2014, law enforcement officers executed a search warrant at the defendant’s residence on Hewitt Avenue in Buffalo. They recovered crack cocaine; heroin; $120,485.00 in United States currency; four firearms; ammunition; and assorted drug paraphernalia including a grinder, two digital scales, razors, scissors, spoons, plastic straws, and packaging materials.  The cash, firearms, ammunition, and a 2011 Lincoln MKX SUV were forfeited to the United States.

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, 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 Shane Guay, 30, of Olean, NY, who was convicted of receipt of child pornography, was sentenced to serve 144 months in prison and 10 years supervised release by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who handled the case, stated that in November 2016, the defendant solicited minor victims through the Instagram application to produce images of child pornography. On November 6, 2016, the defendant received an image of Victim 1, who was 12 years old at the time. On November 8, 2016, Guay received two images of Victim 2, who was 13 years old at the time.

During the investigation, law enforcement officers recovered 154 images and five videos of child pornography on electronic devices seized from the defendant. Some of the images included prepubescent children, as well as depictions of violence.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the HSI Office of International Affairs in S. Africa; the New York State Police, under the direction of Major James Hall; the Olean Police Department, under the direction of Chief Jeff Rowley; the Harris County, GA Sheriff’s Office, under the direction of Sheriff Mike Jolley; and the Ayer, Massachusetts Police Department, under the direction of Chief William A. Murray.

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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 returned an indictment charging Kaylen Edwards, 23, of Buffalo, NY, with being a felon-in-possession of a firearm. The charge carries carry a maximum penalty of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the indictment and a previously filed complaint, on November 7, 2020, Cheektowaga Police Officers responded to Pinehurst Avenue, where a limousine bus party was being let out, following a report of disorderly persons. According to the complaint, earlier that day, the defendant was identified on social media flashing a black and silver handgun and wearing a distinct black and red jacket inside the limousine bus. A member of law enforcement sent a photo of the social media post to responding officers.

While on Pinehurst Avenue, officers observed Edwards getting into the front passenger seat of a vehicle with Georgia license plates and leave the area. The officers then observed the vehicle in violation of multiple vehicle and traffic infractions and conducted a traffic stop. The officers observed a marijuana cigar end in the center console area and immediately detected the odor of burnt marijuana emanating from the vehicle. Officers identified Edwards as the passenger. The defendant was detained. During a pat frisk, an officer felt and observed a handgun in Edwards’ side waist band. The handgun was loaded with a magazine containing seven .45 caliber rounds and one .45 caliber round in the chamber. In November 2017, the defendant was convicted of Attempted Criminal Possession of a Weapon in New York State Court, and as a result of that conviction, he is prohibited from legally possessing a firearm.

The indictment is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Adrian D. Applewhite a/k/a Boons, 33, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to three counts of aggravated bank robbery and one count of brandishing a firearm in furtherance of a crime of violence. The charges carry a mandatory minimum penalty of seven years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that the defendant robbed three credit unions:

• On the morning of October 26, 2017, Applewhite and two other associates robbed the Lakeshore Federal Credit Union on Erie Road in Evans, NY. Applewhite planned the robbery and provided instructions and a firearm to Khalil Holland to assist the robbery. Holland entered the Lakeshore Federal Credit Union wearing a mask and brandishing a semi-automatic pistol while Applewhite waited in a car nearby. Holland approached the teller and demanded money; however, the alarm was activated, and Holland left without taking any money. Holland was arrested shortly thereafter and subsequently convicted by the Erie County District Attorney’s Office. Applewhite also fled the scene but was not apprehended. 

• On July 24, 2019, Applewhite entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna, NY while co-defendant Ronald Morris, a/k/a Cracks, waited outside. Inside the credit union, Applewhite approached the teller, asked a question, and “cased” the credit union. The next day, on July 25, 2019, Morris and another associate entered the credit union wearing dark colored clothing and face masks and conducted a bank robbery with pepper spray and a pistol while Applewhite, the getaway driver, sat in a car nearby. Morris and the associate traversed the teller’s counter, sprayed the tellers with pepper spray, and went to the unlocked safe. Morris and the associate took $290,500 in United States currency. Applewhite took a share of the proceeds for his role. 

• On October 31, 2019, Applewhite entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, NY. Applewhite approached the teller and asked whether the credit union had an ATM. Applewhite’s sole purpose in entering the credit union was to “case” it and facilitate a future effort by him and his associates to rob it. On November 7, 2019, Morris, and co-defendant Carl Wilson, a/k/a Baby C, armed with a pistol and donning masks and gloves, entered the credit union, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. Morris and Wilson ordered all the employees to the ground and demanded money. Wilson went behind the teller line and went through teller’s drawers. Morris went to the vault. A total of $148,793.90 in United States currency was taken. The defendant took a share of the proceeds for his role.

Carl Wilson was previously convicted and is awaiting sentencing. Charges remain pending against Ronald Morris. 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 the New York State Police, under the direction of Major James Hall; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Lackawanna Police Department, under the direction of Chief Mark Packard; the Evans Police Department, under the direction of Chief Douglas J. Czora; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; and the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Kendrick, 27, of Rochester, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the complaint, on May 11, 2021, a Customs and Border Protection officer encountered the defendant traveling in an erratic manner at the Peace Bridge Port of Entry. The officer also smelled the odor of marijuana from inside the vehicle. During a search of the vehicle, another officer located a semi-automatic firearm. A records check revealed that in October 2011, Kendrick was convicted in Monroe County Court of the crime of Robbery in the 3rd degree, and as a result of such conviction, he is legally prohibited from possessing a firearm.

The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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 five-count indictment charging Shawn Johnson, 33, of West Seneca, NY, with three counts of receipt of child pornography, one count of possession of child pornography, and one count of obstruction of justice. Each of the charges carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the indictment and a previously filed complaint, in September 2019, investigators discovered an IP address, traced to the defendant, attempting to download suspected child pornography using the internet. On December 2, 2019, the FBI obtained a search warrant for Johnson’s Angle Road residence. As investigators executed the search, they encountered the defendant standing in his bedroom smashing a laptop computer against the wall and trying to damage it. The laptop, which sustained serious damage, was sent to the FBI's Digital Forensics Analysis Unit Laboratory where much of the data was recovered. The hard drive was found to contain numerous images and videos of child pornography.

The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and released on conditions.

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

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 an indictment charging Jun N. Martinez, 28, of Jamestown, NY, with narcotics conspiracy, possessing with intent to distribute methamphetamine, maintaining a premises for drug use and distribution, and possessing with intent to distribute methamphetamine on premises where an individual under 18 was present and resided. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that according to the indictment and a previously filed criminal complaint against Martinez’s girlfriend and co-defendant Antasia Babcock, on October 16, 2020, the Jamestown Metro Drug Task Force executed a New York State search warrant at the  Wescott Street residence they shared with their children. During that search, law enforcement officers seized one pound of suspected methamphetamine hydrochloride, drug paraphernalia, and approximately $62,000 in cash.

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

Antasia Babcock has also been indicted in this case. 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 that a federal grand jury has returned an indictment charging Jose A Solis-Pizarro, 35, and Mirelys Camacho Betancourt, 25, both of Buffalo, NY, with narcotics conspiracy and attempting to possess with intent to distribute cocaine. The charges carry a mandatory minimum penalty of 5 years in prison and a maximum of 40 years. 

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on February 1, 2021, investigators executed a search warrant on a USPS Priority Mail Parcel addressed to a residence on Parker Avenue in Buffalo. Inside the parcel was approximately one kilogram of suspected cocaine. On February 2, 2021, defendant Camacho Betancourt arrived at the Parker Avenue residence and asked the USPS mail carrier if he had a parcel, specifically an express/priority box. On February 3, 2021, at approximately 11:00 a.m., an investigator attempted to conduct a controlled delivery of the parcel but there was no answer from within the residence. While the investigator was attempting delivery of the parcel, defendant Solis-Pizarro exited a vehicle across the street and approached the investigator, indicating that he lived at the residence and that the parcel was intended for him. Solis-Pizarro took the parcel, walked to the side of the residence, then emerged and got back into his vehicle with the parcel. Solis-Pizarro was taken into custody at that time and the parcel was recovered from the vehicle. Buffalo Police Officers located Camacho Betancourt a short time later in the vicinity of Tacoma and Parker Avenues. She attempted to flee in her vehicle but was taken into custody.

The indictment 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 U.S. Postal Inspection Service, under the direction of Acting Boston Division Inspector-in-Charge Joshua W. McCallister, 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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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Craig Marranca, 32, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a $250,000.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on September 18, 2017, New York State Police undercover investigators downloaded an image containing child pornography from the eMule/eDonkey peer-to-peer network. Investigators traced the image to an IP address belonging to the defendant’s spouse. The image was recovered later from Marranca’s laptop seized on October 27, 2017, during the execution of a search warrant at the defendant’s residence. A total of 18 electronic devices were seized during the search, including the laptop which contained 1,771 files of child pornography. Some of the images included prepubescent minors and depictions of violence.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major James Hall.

Sentencing is scheduled for September 27, 2021, at 9:30 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Loyd, 21, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to carjacking and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life in prison, and a $250,000 fine. 

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that at approximately 6:30 p.m. on June 16, 2019, two victims (Victim A and Victim B) were sitting in a vehicle in the area of 115 Gothic Street in Rochester when the defendant and two others approached the vehicle. Loyd pointed a firearm at Victim A’s head and said, “don't do anything stupid, don't look up or I'll blow your head off,” and he ordered the victims to get out of the car. As Victim A exited the car, the defendant struck him in the head with the firearm. Loyd and the two others then drove away in the vehicle. Police officers recovered the vehicle at approximately 8:25 p.m. near 146 Alphonse Street in Rochester. The radio and hubcaps had been removed from the vehicle. The defendant was arrested at approximately 9:30 p.m., near North and Roycroft Streets in Rochester. When taken into custody, Loyd had in his possession 15 bags containing cocaine and a revolver.

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

The plea is the result of an investigation by the 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.

Sentencing is scheduled for August 17, 2021, at 10:15 a.m. before Judge Siragusa.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Michael Calaiacovo, 63, of Hamburg, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

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

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly; the New York State Police, under the direction of Major James Hall; and the National Center For Missing and Exploited Children.

Sentencing is scheduled for September 20, 2021, before Judge Vilardo.

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that William Fugate, 31, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute more than 50 grams of methamphetamine. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that according to the complaint, on May 6, 2021, a search warrant was executed at a residence on Northumberland Avenue in Buffalo, during which the defendant was present. Law enforcement officers recovered approximately 13 ounces of suspected methamphetamine in a safe located in the master bedroom. The key to the safe was located on a table in the residence on Fugate’s car key ring. In addition, officers recovered a digital scale with white residue in a dresser in the bedroom where the suspected methamphetamine was located and a spoon with white residue on it in the safe.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on May 11, 2021.

The complaint is the result of an investigation by are the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Howard; the Lackawanna Police Department, under the direction of Chief Mark Packard; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; 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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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, 28, of North Tonawanda, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to harbor aliens for financial gain and causing serious bodily injury. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who are handling 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. The kitchen staff 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 pleas are the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; 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 Nikitas Splagounias, Acting 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.

Sentencing is scheduled for September 14, 2021, 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 Chelsey Hunt, 29, of Jamestown NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to maintaining a drug-involved premises. The charge carries a maximum penalty of 20 years in prison, and a fine of $500,000.

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

Charges remain pending against Douglas Beardsley. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Wilson, 27, of Buffalo, NY, who pleaded guilty to delay or destruction of U.S. Mail, was fined $200.00 by U.S. Magistrate Judge Jeremiah J. McCarthy.     

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on November 3, 2020, Customs and Border Protection (CBP) Officers encountered the defendant, an employee of the United States Postal Service (USPS) at the time, at the Peace Bridge Port of Entry. In the trunk of Wilson’s vehicle, officers found 701 mailings, and a USPS employee uniform and employee identification badge. The mailings included three (3) official absentee ballots mailed from the Board of Elections to voters, 218 first class mailings, 106 political mailings, 36 regular nonprofit mailings, 305 regular standard mailings, and 33 magazine/catalogue mailings. The mailings were destined for addresses located in the following zip codes: 14227, 14211, 14214, with a majority destined for 14215. The cancellation dates on the first class mailings were between September 16 and October 26, 2020.

When asked by officers about the mailings in his trunk, the defendant initially stated they belonged to him and his mother. When confronted with the destination names and addresses, Wilson admitted that he was a USPS postal carrier who kept custody of the mailings after failing to complete his delivery route.

The sentencing is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Customs and Border Protection, under the direction of Director of Field Operations, Rose Brophy.

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Emmanuel Humphrey, 33, of Atlanta, GA, (formerly of Buffalo, NY), pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, crack cocaine. The charge carries a maximum penalty of 20 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between July and December of 2018, the defendant conspired with co-defendant Erin Cameron a/k/a Al, to sell crack cocaine. On December 30, 2018, Humphrey, Cameron, and another individual drove from Buffalo to Salamanca in the defendant’s vehicle so that Cameron could sell narcotics in and around the Salamanca area. In the trunk, Cameron carried a pistol with six rounds of ammunition. On March 6, 2019, the Bureau of Indian Affairs and the Drug Enforcement Administration executed a federal search warrant on Humphrey’s vehicle and a quantity of crack cocaine was recovered from a rear compartment in the vehicle’s trunk. 
Erin Cameron was previously convicted and is awaiting sentencing.

The plea is the result of an investigation by the Bureau of Indian Affairs, Office of Justice Services, under the direction of Deputy Bureau Director Charles Addington; the Southern Tier Drug Regional Task Force, under the direction of Cattaraugus County Sheriff's Office Lieutenant Ronald Lott; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Salamanca Police Department, under the direction of Chief Troy Westfall.

Sentencing is scheduled for September 7, 2021, before Judge Sinatra.

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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 Justin Rosenzweig, 33, of Mumford, NY, who was convicted of possession of child pornography involving a prepubescent minor following a prior conviction, was sentenced to serve 120 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in June 2010, the defendant was sentenced to serve 60 months in jail and designated a Level III Sex Offender after he was convicted in Livingston County Court of engaging in a sexual act with a victim who was less than 13 years old. The defendant was paroled in 2014. On April 26, 2019, a NYS Parole Officer found an Apple iPod containing 290 images and one video of child pornography in Rosenzweig’s possession.  Some of the images depicted prepubescent minors.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Antasia Babcock, 28, of Jamestown, NY, with narcotics conspiracy, possessing with intent to distribute methamphetamine, maintaining a premises for drug use and distribution, and possessing with intent to distribute methamphetamine on premises where an individual under 18 was present and resided. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that according to the indictment and a previously filed criminal complaint, on October 16, 2020, the Jamestown Metro Drug Task Force executed a New York State search warrant at Babcock’s Wescott Street residence. During that search, the defendant was present along with three small children. Law enforcement officers seized one pound of suspected methamphetamine hydrochloride, drug paraphernalia, and approximately $62,000 in cash.

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

The indictment is the result of an investigation by the Jamestown Metro Drug Task Force, under the direction of Jamestown Police Chief Timothy Jackson, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge 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 a federal grand jury has returned an indictment charging Tochukwu Okerulu a/k/a MT, 35, of Atlanta, Georgia, with conspiracy to commit wire fraud, wire fraud, and conspiracy to commit money laundering, for his role in a romance fraud scheme. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000 or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the indictment, the defendant is accused of participating in a romance fraud,  a scheme orchestrated to obtain cash and property from unsuspecting victims using romantic overtures and appealing to victims’ emotions. Okerulu allegedly conspired with others to defraud a victim in the Western District of New York with another member of the conspiracy falsely expressing a romantic interest in the victim, which prompted the victim to send more than $220,000 to members of the conspiracy. 

In addition to the victim in the Western District of New York, other victims nationwide were similarly defrauded, through romance fraud and other schemes. A total of 29 victims lost approximately $1,745,928 as a result of Okerulu’s role in this conspiracy.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

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 Ronald Longhini, 59, of Warsaw, NY, was arrested and charged by complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 21, 2021, an undercover law enforcement officer identified an IP address downloading videos of suspected child pornography from a peer to peer sharing network. The IP address was traced to the defendant’s residence in Warsaw. Similar videos of suspected child pornography were also downloaded in February and March 2021. The videos included pre-pubescent minors engaged in sexual acts with adults. On April 28, 2021, investigators seized several digital items during the execution of a search warrant at Longhini’s residence.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on May 6, 2021, at 2:45 p.m.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Steve Belongia; the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph; and the Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

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 Thomas J. Conklin, 35, of Delevan, NY, was arrested and charged by criminal complaint with distribution and possession of child pornography. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Paul E. Bonnano, who is handling the case, stated that according to the complaint, in May 2019, the Royal Canadian Mounted Police (RCMP) received a report from Kik Messenger (a Canadian company) that a user, “butterflybullet6,” sent an image of child pornography on the Kik application. Subsequent investigation traced “butterflybullet6” to an IP address belonging to the defendant. On December 2, 2019, a search warrant was executed at Conklin’s residence in Delevan by Homeland Security Investigations. Special agents seized a cellular telephone belonging to the defendant. During a forensic review of the cell phone, the image reported by Kik Messenger was recovered, as well as another 294 image files of suspected child pornography.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on May 5, 2021, at 1:30 p.m.

The complaint 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.

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 Alexis Hall, 26, of Harrison, NJ, who was convicted of conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Misha A. Coulson and Brendan T. Cullinane, who handled the case, stated that between March 2017 and October 2018, the defendant conspired with 15 other co-defendants to operate a drug trafficking organization, primarily involving the distribution of methamphetamine, in the Jamestown area. During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.

All 16 defendants charged in this case have been convicted. Hall is the 7th defendant to be sentenced.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Jamestown Police Department, under the direction of Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall;  the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Timothy Whitcomb; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.; and the U.S. Postal Inspection Service, under the direction of Acting Boston Division Inspector-in-Charge Joshua W. McCallister.  

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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 Donyell Williams, 26, and Johnny Greer, 19, both of Michigan, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to a charge of high speed flight from an immigration checkpoint. The charge carries carry a maximum penalty of five years in prison and $250,000. 
 
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on March 5, 2021, at approximately 9:54 p.m., defendant Williams was driving a Jeep Commander with Ohio license plates on the Lewiston-Queenston Bridge. Co-defendant Greer was a passenger in the vehicle. As the defendants drove towards the Lewiston Port of Entry, they failed to stop for federal inspection despite numerous “stop” signs posted by Customs and Border Protection. Williams instead proceeded to accelerate through a commercial truck lane and then drove around a tire deflating strip. While being pursued by CBP officers and the New York State Police, Williams drove on the I-190 south to I-90 west at speeds ranging from 95 mph to 110 mph.  A few hours later, at approximately 12:30 a.m. on March 6, 2021, the Jeep Commander was located on the side of the road in the vicinity of Dunkirk, NY, and Williams and Greer were arrested.
 
The pleas are the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and the New York State Police, under the direction of Major Jennifer H. Gottstine.
 
Defendant Greer is scheduled to be sentenced on July 27, 2021, and defendant Williams is scheduled to be sentenced on August 25, 2021, both 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 Jerry J. Roneker, Jr., 43, of Correy, PA, who was convicted of possessing with intent to distribute 50 grams or more of methamphetamine, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that on March 9, 2019, while on routine patrol in the Town of Chautauqua, Chautauqua County Sheriff’s Deputies observed the defendant’s vehicle, bearing Pennsylvania license plates, cross the center line of the road. After conducting a traffic stop, deputies observed a smoking pipe in the front of the vehicle. Deputies asked Roneker and a passenger to exit the vehicle at which time they noticed two large chunks of suspected methamphetamine. During a pat down of the defendant, deputies located a loaded 9mm handgun. A search of the vehicle led to the seizure of $10,210 in U.S. currency, suspected ecstasy pills, packaging materials, a digital scale, drug paraphernalia, Xanax pills, MDMA pills, Suboxone strips, and two hypodermic needles.

The sentencing is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, 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 Benjamin Rivera, 42, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, oxycodone and amphetamine, was sentenced to time served (approximately 28 months) and 12 months of home confinement by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between January 2014, and February 2018, the defendant conspired with Dr. James T. Keefe, Laura Ricotta, and others, to sell oxycodone and amphetamine. Rivera and Dr. Keefe were associates for several years. For nearly five years, the defendant sold cocaine to Dr. Keefe, who was an active user of cocaine, Adderall, and prescription opiates. In January 2014, Dr. Keefe began issuing prescriptions in the names of Rivera’s relatives and associates to exchange for cocaine from the defendant and to share the prescriptions with the defendant. In 2015, Rivera introduced Dr. Keefe to co-defendant Laura Ricotta, at which time Dr. Keefe began issuing prescriptions in Ricotta’s name, for his and Ricotta’s personal use.

Rivera received from Dr. Keefe five prescriptions in Rivera’s own name and 17 prescriptions in the names of nine relatives and associates. Neither the defendant nor any of his relatives or associates were patients of Dr. Keefe, and all 22 prescriptions were fraudulently issued without a legitimate medical purpose.

Dr. Keefe was previously convicted and is awaiting sentencing. Laura Ricotta was also previously convicted and sentenced to time served (approximately 15 months).

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

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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 Mensur Odzakovic, 49, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to wire fraud. The charge carries a maximum penalty of 20 years prison and a fine of $250,000.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between 2007 and March 2020, the defendant fraudulently collected Social Security Income (SSI) and Supplemental Nutrition Assistance Program (SNAP, formerly food stamp) benefits. The SSI and SNAP programs use federal tax money to assist low-income and disabled individuals by providing supplemental income and funds for the purchase of food, among other things. Odzakovic claimed in government applications that he was not employed and had no source of income in order to collect SSI and SNAP benefits. However, the defendant was continuously employed at a Rochester area restaurant earning cash wages. If reported, Odzakovic’s wages would have disqualified him from receiving SSI and SNAP benefits or would have reduced the amount of benefits that he could have received. 

As a result, between 2007 and March 1, 2020, the defendant unlawfully collected $53,315.14 in SSI payments and $32,986.00 in SNAP benefits, for a total of $86,301.14.  

The plea is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge, John F. Grasso; and the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale. 

Sentencing is scheduled for July 29, 2021, before Judge Geraci. 

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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, pleaded guilty before U.S. District Judge Charles J. Siragusa to wire fraud and aggravated identity theft. The charges carry a mandatory minimum term of 2 years imprisonment and a maximum of 22 years imprisonment.

Assistant U.S. Attorney Meghan K. McGuire, who is handling 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 he was not entitled to receive. 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 for himself, by gambling with them or paying 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 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 New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell.

Sentencing is scheduled for July 29, 2021, before Judge Siragusa.  

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

ROCHESTER, NY – U.S. Attorney James P. Kennedy, Jr. announced today that John Piccarreto, Jr., 38, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to commit mail fraud and filing a false tax return. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that between 2017 and June 2018, the defendant conspired with co-defendants Perry Santillo, Christopher Parris and others, to obtain money through an investment fraud commonly known as a Ponzi scheme. The scheme, which was conducted under the umbrella of a business entity called Lucian Development, involved the sale of fraudulent promissory notes that were issued under the names various entities that Santillo and Parris controlled, including Lucian Development, First Nationale Solutions, United RL Capital Services, and Percipience Global Corporation (the issuers), among others. These issuers had little to no substantial bona fide business activities, and other than monies obtained from defrauded investors, the issuers had no material revenue streams. The vast majority of financial activity for the issuers involved receiving money from new investors, and then redistributing that money to repay earlier investors, to pay the expenses of the scheme, and to finance the lifestyles of Santillo, Parris and others involved in the scheme. 

Piccarreto began working for Lucian Development in March 2012, and initially was unaware that the business was, in fact, a Ponzi scheme. The defendant’s responsibilities included assisting with the completion of transaction paperwork for clients of Lucian Development, including checks and wire transfers, and other clerical responsibilities. As he gained experience with investments and obtained a securities license, Piccarreto’s responsibilities increased to include meeting with existing investors who had questions or complaints about Lucian Development and selling investment products, including promissory notes and other investments, to a few investors. By January 2017, the defendant realized that the Lucian Development business was, indeed, a Ponzi scheme after the company stopped paying promised returns to client investors whom he serviced. However, rather than severing his association with Lucian Development, Piccarreto continued to work for Santillo and Parris, knowingly lying to investors by falsely reassuring them that their investments were safe and secure, even though he knew this was not true, and encouraging investors to “reinvest” their fraudulent investments by signing new promissory notes. 

For example, in May 2018, the defendant met with Victim 1 who over the years had invested approximately $93,199.75 with Lucian Development and First Nationle Solutions. Piccarreto represented to Victim 1 that his money was safe in an account, even though he knew that was untrue. Piccarreto also tried to convince Victim 1 to reinvest his principal and accrued interest in another fraudulent promissory note. In August 2014, the defendant accompanied co-defendant Parris to meet with a potential investor who would become another victim (Victim 2). Between 2014 and 2016, Victim 2 and his wife invested a total of approximately $660,250.00 in the Ponzi scheme, specifically, in fraudulent promissory notes issued by United RL Capital Services and Percipience Global Corporation. Piccarreto knew by January 2017 that Victim 2 and his wife had received fraudulent promissory notes but continued to lull the couple by falsely reassuring them that their investments were safe, and they would be fully repaid.

Piccarreto admitted that from January 1, 2017, and June 19, 2018, he was involved in defrauding approximately 400 investors out of approximately $18,081,556, which resulted in financial hardship to more than 25 of its investor victims. Piccarreto also admitted that, while working in Texas, he personally solicited and defrauded at least eight investors out of approximately $598,695.

In addition, on his 2017 tax return, the defendant claimed that he had taxable income in the total amount of $6,576.  In fact, Piccarreto’s taxable income was approximately $538,548. As a result, the defendant avoided paying income taxes to the Internal Revenue Service in the amount of approximately $159,423.

Perry Santillo was previously convicted and is awaiting sentencing. Charges remain pending against Christopher Parris. 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 the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Joshua McCallister, Boston Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia, and FBI Scranton Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Nikitas Splagounias, Acting Special Agent-in-Charge, New York Region, the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; and the Securities and Exchange Commission.

Sentencing is scheduled for July 29, 2021, at 3:00 p.m. before Chief Judge Geraci.

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WASHINGTON – A New York man pleaded guilty today to violating the Lacey Act and the U.S. Animal Welfare Act based on his trafficking of African wild cats in interstate commerce.

According to court documents, Christopher Casacci, 38, of Amherst, was doing business as “ExoticCubs.com,” through which he advertised, imported and sold exotic African cats. Between February and June 2018, Casacci imported and sold dozens of caracals (Caracal caracal) and servals (Leptailurus serval), for $7,500 to $10,000 each. According to filings, Casacci claimed that he was a big cat rescue organization in an attempt to avoid 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. 

Caracals, also known as the “desert lynx,” are wild cats native to Africa, and typically 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 “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.

People and businesses dealing in animals are required to comply with humane care standards under the Animal Welfare Act. Casacci failed to do so and failed to secure the necessary license from the U.S. Department of Agriculture. Casacci was charged with violating the Animal Welfare Act for selling animals without a license showing minimum compliance with humane treatment standards.

Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York made the announcement.

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 Noel, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation.

The case is being prosecuted by Trial Attorney Patrick Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango.

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

BUFFALO, NY – An Amherst, NY man pleaded guilty today to violating the Lacey Act and the U.S. Animal Welfare Act based on his trafficking of African wild cats in interstate commerce.

According to court documents, Christopher Casacci, 38, 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. According to filings, Casacci claimed that he was a big cat rescue organization in an attempt to avoid 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. 

Caracals, also known as the “desert lynx,” are wild cats native to Africa, and typically 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 “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.

People and businesses dealing in animals are required to comply with humane care standards under the Animal Welfare Act. Casacci failed to do so and failed to secure the necessary license from the U.S. Department of Agriculture. Casacci was charged with violating the Animal Welfare Act for selling animals without a license showing minimum compliance with humane treatment standards.

Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York made the announcement.

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 Noel, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation.

The case is being prosecuted by Trial Attorney Patrick Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango.

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