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 Charles Augrom, III, 35, of Bath, NY, pleaded guilty to possession of child pornography following a prior child pornography conviction before U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, a $250,000 fine and a lifetime period of supervised release.

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

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

Sentencing is scheduled for Jul 21, 2021, before Judge Wolford. 

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

ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Austin Pratt, 32, of Conesus, NY, who was convicted of enticement of a minor, was sentenced to serve 180 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between November 2018 and February 2019, the defendant, while working as a school athletic trainer, engaged in an ongoing relationship with a minor. Pratt used Instagram and Facebook to communicate with the minor, encouraging the victim to engage in a sexual relationship and to exchange sexually explicit photos with him. 

The sentencing is the result of an investigation by the New York State Police, under the direction of Major Barry Chase; the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the Livingston County District Attorney’s Office, under the direction of District Attorney Gregory J. McCaffrey.

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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 Anthony Burris, 30, of Jamestown, NY, with sex trafficking and enticing travel to engage in sexual activity. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 21, 2021, a mother contacted the Chautauqua County Sheriff’s Office and reported the possible sex trafficking of her daughter (Victim 1). The mother reported that her daughter was involved in drug use and prostitution and had to perform sexual acts with others in exchange for drugs and other items from the defendant. In addition, the mother stated Burris was physically abusing her daughter. The mother provided Victim 1’s Facebook profile, which an investigator reviewed and recognized Victim 1 from ads he previously saw on a website used to post advertisements for commercial sex acts or other illicit business like the sale of controlled substances.

On February 28, 2021, Victim’s 1’s mother told investigators that she learned her daughter was assaulted by the defendant and was at a medical clinic in Erie, Pennsylvania seeking medical treatment for her injuries, which included significant bruising and swelling to her left eye and a laceration above her left eye. Victim 1’s mother stated that Victim 1 was assaulted because she was going to try and leave Burris. A law enforcement officer in Pennsylvania went to the medical clinic to speak with Victim 1 who was uncooperative, stating that she sustained her injuries from falling and refused any help. While in the parking lot of the medical clinic, the officer observed the defendant in a vehicle.

On March 3, 2021, an undercover law enforcement officer contacted Victim 1 and set up a “car date.” Investigators set up surveillance in the vicinity of the agreed upon meeting location and observed Burris driving a vehicle in the area. Investigators approached the vehicle and the defendant was identified as the driver and Victim 1 was identified as the front passenger. During a search of the vehicle, a bag full of condoms and lubricants, suspected controlled substances including a mixture of heroin and fentanyl, and marijuana, three cellphones, and $2,216 in cash were seized. After the search was completed, Burris was released and given an appearance ticket for Permitting Prostitution.

Subsequent investigation identified a second victim (Victim 2), who also suffered from drug addiction. On March 11, 2021, an undercover officer set up an appointment with Victim 2 using a contact number from an online ad. Once again investigators set up surveillance in the vicinity of the agreed upon meeting location, and once again Burris was observed in a vehicle in the area with a female passenger. Investigators approached the vehicle and arrested the defendant. Observed in plain view on the floor near the driver’s seat was a clear plastic baggie containing a white powdery substance suspected to be heroin. Additionally, two cellular phones were seized from the vehicle.

Burris rarely gave Victim 1 and Victim 2 any of the money obtained through sex trafficking activities. The defendant would provide the victims with heroin. However, he would withhold drugs until they did what he wanted them to do, calling it “starving.” A preliminary review of cell phones recovered from Victim 2 contained voluminous daily contact with sex buyers discussing details of sex acts, pricing, meeting locations, and times. Both phones also contained photographs of Victim 1 and Victim 2.

The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.

The indictment is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Amherst Police Department, under the direction of Chief Scott Chamberlin; and the Millcreek, PA, Police Department, under the direction of Chief Scott Heidt. 

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 Scott Russell Merritt, 40, of Celoron, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to theft from a labor union. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that between May 2011, and August 2018, the defendant was the treasurer of Ironworkers Local 470. As treasurer, Merritt embezzled $50,850.71 in union funds. The defendant wrote union checks to pay various personal expenses.  

The plea is the result of an investigation by the U.S. Department of Labor, Office of Labor Management Standards, under the direction of the Boston-Buffalo District Director Jonathan Russo.

Sentencing is scheduled for August 18, 2021, at 2:00 p.m. before Judge Sinatra.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sharee Bailey, 29, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to 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. Attorneys Justin G. Bish and Nicholas T. Cooper, who are handling the case, stated that on August 4, 2020, the defendant was present at 216 Landon Street in Buffalo, when the Bureau of Alcohol, Tobacco, Firearms, and Explosives executed search warrants on her person and the residence. Inside of 216 Landon Street, investigators observed and recovered a .22 caliber semi-automatic rifle, and multiple rounds of ammunition belonging to Bailey. The defendant was previously convicted in 2012 in Niagara County Court of Criminal Sale of a Controlled Substance-5th Degree, and as a result, she is legally prohibited from possessing a gun.

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

Sentencing is scheduled for August 18, 2021, at 10:00 a.m. before Judge Sinatra.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Quamain Simms-Calhoun, 25, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiracy to distribute controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.  

Assistant U.S. Attorneys Justin G. Bish and Meghan E. Leydecker, who are handling the case, stated that the defendant admitted that he is associated with the Alma Avenue Gang, a group of individuals who grew up around Alma Avenue and “represent” their neighborhood by flashing distinctive group hand signals and distinguish themselves on various social media platforms. Simms-Calhoun conspired with co-defendant Dajon Woods to sell crack cocaine, cocaine, heroin, and fentanyl. Between May 8 and August 15, 2019, the defendant coordinated the distribution of these illegal substances on nine separate occasions to an individual working with law enforcement. Simms-Calhoun also distributed drugs to a number of customers in the Buffalo area.

Charges remain pending against Dajon Woods. 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 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  Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Lackawanna Police Department, under the direction of Chief Mark Packard.

Sentencing will be scheduled at a later date.

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NEW YORK – With opioid overdose deaths increasing during the pandemic, the Drug Enforcement Administration is holding its 20th Take Back Day on Saturday, April 24th. DEA’s October 2020 Take Back Day brought in a record-high amount of expired, unused prescription medications, with the public turning in close to 500 tons of unwanted drugs. Over the 10-year span of Take Back Day, DEA has brought in more than 6,800 tons of prescription drugs. With studies indicating a majority of abused prescription drugs come from family and friends, including from home medicine cabinets, clearing out unused medicine is essential.

According to the Centers for Disease Control and Prevention, the U.S. has seen an increase in overdose deaths during the COVID-19 pandemic, with 87,200 Americans dying as a result of a drug overdose in a one-year period (Sept. 1, 2019 to Sept. 1, 2020), the most ever recorded in a 12-month period. The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency, accelerating significantly during the first months of the pandemic.

DEA Special Agent in Charge Ray Donovan said, “This past year was a stark reminder that public health is a priority, and while DEA is focused on enforcement we also provide important tools to stop drug abuse before it starts,” said.  “Programs like Take Back Day make it easy for families to remove unused threats of abuse in their homes while encouraging discussion about the tragic dangers associated with opioid use and misuse.”

“Just as we were beginning to make great strides, we have seen a tragic increase in the number of, not only opioid overdoses, but also deaths during this global pandemic,” stated U.S. Attorney James P. Kennedy, Jr., of the Western District of New York. “The pandemic has resulted in many people spending more time alone, distanced from loved ones and friends making this year’s National Prescription Drug Take Back Day that much more important. Removing old or unused prescription medications from our medicine cabinets just might help to prevent an overdose or to reduce the chances of creating a future opioid user.”

Acting United States Attorney Antoinette T. Bacon said, “On Take Back Day, DEA makes our communities safer by collecting unneeded prescription drugs. I urge every adult to take advantage of this safe, convenient and anonymous way to empty their medicine cabinets of unused medication that could be misused by a loved one.”

“Through Drug Take Back Day, we are reminded of the ways in which the alarming opioid epidemic has exposed the hidden dangers and potential abuses of prescription drugs,” stated Acting U.S. Attorney Mark J. Lesko.  “The U. S. Attorney’s Office for the Eastern District of New York is proud to be part of DEA’s mission to end prescription drug abuse and we encourage all residents to dispose of unused and expired medicines at official disposal locations.”

Audrey Strauss, U.S. Attorney for the Southern District of New York, said:  “We wholeheartedly support the DEA’s Drug Take Back Day, and we encourage anyone with expired or unused prescription medications to take advantage of this program.  By disposing of dangerous and potentially lethal substances safely, you can possibly prevent a tragedy.”

“It’s important to keep our own homes safe by regularly cleaning out medicine cabinets and any other areas where we store our pharmaceuticals,” said DEA Acting Administrator D. Christopher Evans. “Bringing unused or expired medications to a local collection site for safe disposal helps protect your loved ones and the environment.”

The public can drop off potentially dangerous prescription medications at collection sites which will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.

DEA and its partners will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illegal drugs will not be accepted. DEA will continue to accept vaping devices and cartridges at its drop off locations provided lithium batteries are removed.

Helping people dispose of potentially harmful prescription drugs is just one way DEA is working to reduce addiction and stem overdose deaths.

Learn more about the event at www.deatakeback.com, or by calling 800-882-9539.

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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 Eugene Jamar Thomas, 42, Of Rochester, NY, was arrested and charged by complaint with submitting false claims to the Internal Revenue Service. The charge carries a maximum penalty of five years in prison and a $250,000 fine.  

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, during the 2015 and 2016 tax years, the defendant falsely reported income and withholdings to the Internal Revenue Service, claiming to be entitled to millions of dollars in tax refunds. On his 2015 return, Thomas declared that he had earned $819,934 in interest income and that he had $818,834 of that income withheld and paid to the IRS as tax. As a result, the defendant’s 2015 tax return falsely claimed that he was entitled to a refund of $495,655. The IRS ultimately issued Thomas a tax refund check for $482,017. The defendant then deposited the check into two bank accounts in his name, spending a portion of the refunds on two vehicles and cash withdrawals. Subsequently, the IRS determined that Thomas failed to submit all of the proper tax documents with his 2015 tax return, and as a result, the remaining funds in the defendant’s bank accounts were frozen.

Thomas called the IRS hotline to inquire about why his bank accounts were frozen and was told that he was issued an erroneous refund and the bank was contacted to return the funds to the IRS. The defendant was then contacted by an IRS Revenue Officer to discuss the overstatement of income and withholdings that Thomas claimed on his 2015 tax return. The defendant was advised to file an amended 2015 tax return and repay the refund to which he was not entitled. Thomas never filed an amended 2015 tax return and never repaid any portion of the 2015 refund that he wrongfully received.

For the tax year 2016, the defendant again falsely reported income and withholdings to the IRS, claiming he had earned $4,731,845 of interest income in 2016 and had $4,683,641 of that income withheld and paid to the IRS as tax. As a result, Thomas falsely claimed that he was entitled to a refund of $2,683,945. The tax returned was flagged by the IRS and no refund was issued.

Thomas made an initial appearance this afternoon before U.S. Magistrate Judge Mark W. Pedersen and was released.

The criminal complaint is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.

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 Garland Beardsley a/k/a Charlie Beardsley, 53, of Jamestown NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiring to possess with intent to distribute, and distributing, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000.

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that between December 2018 and October 27, 2020, the defendant was an associate in a drug trafficking ring led by his nephew, co-defendant Rocco Beardsley, which sold methamphetamine, heroin, fentanyl, crack cocaine, cocaine, and hydrocodone in the Jamestown area. Garland Beardsley distributed methamphetamine to Rocco Beardsley’s customers. Rocco Beardsley stored, distributed, and manufactured methamphetamine, heroin/fentanyl, and other controlled substances at the defendant’s residence on Newland Avenue in Jamestown. On January 21 and February 11, 2020, an individual working with investigators purchased crystal methamphetamine from Rocco Beardsley at the defendant’s residence.

Charges remain pending against Rocco 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gary Stopani, 28, of Rochester NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing and accessing with intent to view child pornography involving prepubescent minors. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that on October 8, 2020, investigators seized a laptop, two hard drives, and two cellular telephones from the defendant, which contained images and videos of child pornography. In total, Stopani’s electronic devices contained more than 600 images and/or videos of child pornography. Some of the images included involved prepubescent minors engaged in sexually explicit conduct and images of violence.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Greece Police Department, under the direction of Andrew P. Forsythe.

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

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

BUFFALO, N.Y. - The Algoma Central Corporation (Algoma) was fined $500,000 by U.S. Magistrate Judge H. Kenneth Schroeder, Jr. after pleading guilty to a negligent violation of the Clean Water Act. The company, which is headquartered in St. Catharines, Ontario, was also put on probation for a period of three years during which it must implement an environmental compliance plan.  

Algoma operated a fleet of dry and liquid bulk carriers on the Great Lakes. One of the vessels in the defendant’s fleet was the M/V Algoma Strongfield (Strongfield). Built in China, the Strongfield was delivered to Canada on May 30, 2017, by a crew from Redwise Maritime Services, B.V. (Redwise), a vessel transport company based in the Netherlands.

“The Great Lakes are our nation’s largest source of fresh water, and this prosecution shows the Administration’s commitment to preserving a natural resource that will be crucial for generations to come,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division (ENRD).

“The very purpose of the Clean Water Act is to protect our natural resources, including one of our nation’s greatest natural treasures, the Great Lakes, from harm,” stated U.S. Attorney James P. Kennedy, Jr. “This conviction and the fine imposed sends a strong message that those who violate the Clean Water Act will be held accountable for their actions. This penalty also ensures that this defendant will be monitored in the future and will be strictly obligated to comply with those environmental laws and regulations that protect our waters, our fisheries, our wildlife, and each of us.”

During the Strongfield’s delivery voyage, while manned by a Redwise crew, the oily water separator and oil content monitor malfunctioned or failed on multiple occasions, which resulted in an accumulation of unprocessed oily bilge water. On May 5, 2017, an Algoma employee directed Redwise to transfer and store the unprocessed oily bilge water in the Strongfield’s used wash water tank to avoid an overboard discharge of unprocessed bilge water into the Pacific Ocean. The wash water tank was intended to store deck and cargo hold wash water and is not listed on the Strongfield’s International Oil Pollution Prevention certificate. Between May 5, 2017, and the Strongfield’s arrival in Canada, the Redwise crew made several additional transfers of unprocessed oily bilge waste into the wash water tank to avoid overboard discharges of untreated bilge water.

On May 19, 2017, as the Strongfield was transiting the Panama Canal, an Algoma employee boarded the vessel and remained onboard until the vessel’s arrival in Canada, where he assumed the duties of Chief Engineer. On May 30, 2017, the Strongfield arrived in Sept-Iles, Quebec, Canada, where the Redwise crew handed over operation of the vessel to an Algoma crew. Although some of the Algoma crew were advised that the wash water tank contained unprocessed oily bilge water, Algoma acted negligently in failing to inform all onboarding Algoma crewmembers and the inspectors of the contents of the wash water tank.

On June 6, 2017, the Stongfield was transiting Lake Ontario. While in the waters of the United States within the Western District of New York, the 3rd officer on board the Strongfield requested permission to empty the contents of the wash water tank into Lake Ontario, and the captain approved the discharge. Because Algoma had negligently failed to inform the 3rd officer and the captain what the wash water tank contained, approximately 11,887 gallons of unprocessed oily bilge water were released into Lake Ontario. The discharge was stopped when another Algoma employee learned of the discharge and informed the 3rd officer and captain that the wash water tank contained unprocessed oily bilge water and instructed them to stop the discharge immediately. After the incident, Algoma contacted Canadian and U.S. authorities to report the discharge.  

The sentencing is the result of an investigation by the U.S. Coast Guard Investigative Service, under the direction of Resident Agent in Charge Cindy C. Buckley, Buffalo, New York, and Resident Agent in Charge Edward L. Songer, Detroit, Michigan.

Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango of the Western District of New York are prosecuting the case.

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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 Malik Matthews, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorneys Meghan E. Leydecker and Paul C. Parisi, who are handling the case, stated that between June 2018 and October 2019, the defendant sold cocaine to an individual over 50 times. In addition, Matthews sold crack cocaine to an undercover police officer. On June 4, 2019, Buffalo Police Officers executed a search warrant at the defendant’s Grey Street residence. During the search they seized three loaded firearms, ammunition, two bags of suspected crack cocaine, five digital scales, a bottle of a cutting agent, and a box of sandwich bags.

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

Sentencing is scheduled for August 11, 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 Michael Greco, 25 of Spencerport, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 70 months in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that in January 2020, the defendant engaged in online conversations with an individual who Greco believed was a mother engaged in the prostitution of her 13-year-old daughter. In fact, the “mother” was an undercover New York State Police (NYSP) investigator. Between January 2 and January 7, 2020, the defendant exchanged text messages and phone calls with the investigator, during which Greco agreed to pay $100 in order to have sex with the 13-year-old child. 

On January 7, 2020, the defendant traveled to a pre-arranged destination, expecting to meet the child for sex. Instead, Greco was taken into custody by the NYSP and Homeland Security Investigations. The defendant was in possession of $100, which was the price he negotiated to have sex with the child, as well as condoms and candy for the child. A subsequent search of his cell phone revealed that Greco attempted to receive child pornography via the Internet.   

The sentencing is the result of an investigation by the NYSP Troop E Major Crimes Unit, Canandaigua, under the direction of Major Barry Chase, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.  

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Burris, 30, of Jamestown, NY, was arrested and charged by criminal complaint with sex trafficking and enticing travel to engage in sexual activity. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the criminal complaint, on January 21, 2021, a mother contacted the Chautauqua County Sheriff’s Office and reported the possible sex trafficking of her daughter (Victim 1). The mother reported that her daughter was involved in drug use and prostitution and had to perform sexual acts with others in exchange for drugs and other items from the defendant. In addition, the mother stated Burris was physically abusing her daughter. The mother provided Victim 1’s Facebook profile, which an investigator reviewed and recognized Victim 1 from ads he previously saw on a website used to post advertisements for commercial sex acts or other illicit business like the sale of controlled substances.

On February 28, 2021, Victim’s 1’s mother told investigators that she learned her daughter was assaulted by the defendant and was at a medical clinic in Erie, Pennsylvania seeking medical treatment for her injuries, which included significant bruising and swelling to her left eye and a laceration above her left eye. Victim 1’s mother stated that Victim 1 was assaulted because she was going to try and leave Burris. A law enforcement officer in Pennsylvania went to the medical clinic to speak with Victim 1 who was uncooperative, stating that she sustained her injuries from falling and refused any help. While in the parking lot of the medical clinic, the officer observed the defendant in a vehicle.

On March 3, 2021, an undercover law enforcement officer contacted Victim 1 and set up a “car date.” Investigators set up surveillance in the vicinity of the agreed upon meeting location and observed Burris driving a vehicle in the area. Investigators approached the vehicle and the defendant was identified as the driver and Victim 1 was identified as the front passenger. During a search of the vehicle, a bag full of condoms and lubricants, suspected controlled substances including a mixture of heroin and fentanyl, and marijuana, three cellphones, and $2,216 in cash were seized. After the search was completed, Burris was released and given an appearance ticket for Permitting Prostitution.

Subsequent investigation identified a second victim (Victim 2), who also suffered from drug addiction. On March 11, 2021, an undercover officer set up an appointment with Victim 2 using a contact number from an online ad. Once again investigators set up surveillance in the vicinity of the agreed upon meeting location, and once again Burris was observed in a vehicle in the area with a female passenger. Investigators approached the vehicle and arrested the defendant. Observed in plain view on the floor near the driver’s seat was a clear plastic baggie containing a white powdery substance suspected to be heroin. Additionally, two cellular phones were seized from the vehicle.

According to the complaint, Burris rarely gave Victim 1 and Victim 2 any of the money obtained through sex trafficking activities. The defendant would provide the victims with heroin. However, he would withhold drugs until they did what he wanted them to do, calling it “starving.” 

A preliminary review of cell phones recovered from Victim 2 contained voluminous daily contact with sex buyers discussing details of sex acts, pricing, meeting locations, and times. Both phones also contained photographs of Victim 1 and Victim 2.

“This defendant is a violent predator who preyed upon the vulnerabilities of these victims, leaving them powerless to fight back” stated U.S. Attorney Kennedy. “Our Office, together with our law enforcement partners at the federal, state, and local levels, will continue aggressively to pursue any individual who engages in sex trafficking, or any kind of human trafficking. Those who attempt to take away the freedom of victims through sex trafficking should expect that this Office will use every resource available in order to ensure that they, by way of criminal prosecution, will also lose their liberty.”  

“The egregious acts identified as part of this joint investigation with Chautauqua County and the Amherst Police Department demonstrates our continued efforts to rid our communities of those who lack regard for human life,” said Kevin Kelly, HSI Special Agent-in-Charge. “Homeland Security Investigations will continue our commitment to investigating these abhorrent crimes and apprehending those who prey on the most vulnerable in our communities.”

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.

The complaint is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Amherst Police Department; and the Millcreek, PA, Police Department, under the direction of Chief Scott Heidt. 

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 Jorge Alvarez, 27, of Los Angeles, CA, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.

Assistant U.S. Attorneys Aaron J. Mango, Douglas A. C. Penrose, and Caitlin M. Higgins, who are handling the case, stated that between June 18 and July 23, 2018, the defendant engaged in sexually explicit conversations via Instagram and text message with a 14 year-old female (Minor Victim) who told Alvarez that she was 14 years-old. During those conversations, the defendant sent the Minor Victim naked pictures of himself and discussed having sexual contact with the Minor Victim. The Minor Victim sent Alvarez nude photographs of herself at his request.          

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

Sentencing is scheduled for August 8, 2021, at 10:00 a.m. before Judge Sinatra.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nathan L. Rogers, 37, of East Aurora, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, in July 2019, a mother contacted the Genesee County Sheriff’s Office and stated that her 12-year-old daughter (Victim) attended a Christian music festival at Darien Lake with her church youth group. After going to the water park, the church’s youth pastor, the defendant, invited the Victim to change her wet clothes in his camper. After she finished changing, the Victim discovered an iPhone hidden in clothing on a ledge. The Victim looked at the iPhone and discovered it had been recording for about 13 minutes. After deleting the video of her changing, the Victim replaced the iPhone on the ledge. The Victim next discovered a second iPhone hidden in the sheets on the bed. She also deleted that video as well, replaced the device, and left the camper. The Victim called her mother to tell her what happened. The mother went to Darien Lake, picked up her daughter and contacted the Sheriff’s Office. Rogers was subsequently arrested, charged with Unlawful Surveillance in the Second Degree, convicted in Genesee County Court, and sentenced to five years’ probation in December 2020, with the first six months to be served in jail.

A review of the defendant’s cell phones recovered 24,017 picture files and 2,389 video files on the phone, some of which constituted child pornography.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.  

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.  

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

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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 Antwaine Parker, 28, and Michael Woods, 32, both of Buffalo, NY, each pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm. Each faces a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that since August 2019, the FBI’s Safe Streets Task Force has been investigating the Fruit Belt Gang, whose members are allegedly actively engaged in the distribution of narcotics, firearms offenses, and gang activity. On July 1, 2020, Central Park Gang (CPG) member Shariff Jackson was murdered in Buffalo, and investigators believe that members of the Fruit Belt Gang were involved with Jackson's murder.

On July 4, 2020, defendants Parker and Woods were shot on Sycamore Avenue in Buffalo. Woods, who was shot in the head and spine, drove himself to the hospital, after throwing a gun from the scene. A 9mm handgun was recovered on the roof of a nearby building. Woods told investigators that he was driving in the area with an unnamed person when he was shot; he would not provide any additional information. Investigators believe the shooting could be the result of rival gang activity between CPG and the Fruit Belt.

In July 2020, both Woods and Parker posted photographs of themselves possessing firearms on social media accounts associated with them. Woods appeared to possess one gun, while Parker appeared to possess two guns.

On July 14, 2020, investigators, fearing potential violence in connection with it, conducted surveillance at the funeral of Shariff Jackson. At the same time, they also conducted surveillance of defendant Parker, who was in the vicinity of 28 Burnie Lane in the McCarley Gardens Apartments. During the surveillance, Woods was observed driving to the area were Parker was. After talking with Parker, Woods left the area. A short time later, a Buffalo Police Officer initiated a traffic stop of Woods’ vehicle. Woods told the officer that he had two guns in the vehicle and gave consent to search the vehicle. Officers recovered two loaded handguns. Woods was taken into custody and the handguns were seized. Subsequently, defendant Parker left the McCarley Gardens Apartments, and the Buffalo Police conducted a traffic stop. Parker’s vehicle, which had invalid license plates, was impounded, and Parker was ticketed for various vehicle and traffic violations.  Investigators then searched 28 Burnie Lane and recovered two firearms in the basement.  Investigators believe the two firearms seized are the same weapons depicted in the social media photo showing Parker with two firearms.

In April 2014, Parker was convicted in state court of Criminal Possession of a Weapon and sentenced to serve 42 months in prison. In March 2012, Woods was convicted in state court of Attempted Criminal Possession of Controlled Substances and sentenced to serve five years’ probation. In addition, Woods was sentenced in July 2015 to serve 84 months in prison after being convicted of possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. As a result, both defendants are legally prohibited from possessing a firearm.

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

Parker and Woods are each scheduled to be sentenced on August 3, 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 James A. Pane, 50, of Rochester, NY, was arrested and charged by criminal complaint with using the mails to threaten to attempt to kill, injure, or intimidate or unlawfully damage or destroy property by means of explosive, and mailing threatening communications. The charges carry a maximum penalty of 10 years in prison and a fine of $250,000.   

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the criminal complaint, between January 20 and February 2, 2021, numerous explosions were heard and seen by neighbors living in the area of Falleson Road in the City of Rochester. After responding to reports of explosions by residents on Leander Road near Falleson Road, the Rochester Fire and Police Departments, on January 23, 2021, responded to the area to investigate what may have caused the explosions. Officers noted that they believed at least one of the explosions took place in front of a residence on nearby Falleson Road. On February 2, 2021, numerous neighbors called 911 around 2:37 a.m., after another boom noise shook the neighboring houses. Investigators obtained doorbell surveillance video from the area and observed a dark-reddish-colored pick-up truck in the area at the time of the explosions. Subsequent investigation determined that a residence on Falleson Road was the target of the explosions. One occupant of the residence told investigators that he had a falling out with a lifelong friend identified as the defendant. A records check determined that Pane drives a red pick-up truck. 

Between February 24, 2021, and March 9, 2021, investigators were notified that numerous neighbors in the Falleson Road/Leander Road neighborhood received letters addressed to the “homeowner.” The envelopes were plain white envelopes with no return address. Inside each envelope was a single piece of regular sized white paper with large printed words stating: “I don’t mean to bother you people in this neighborhood. But the little (expletive) crack head at *** Falleson owes me a lot of money for drugs. He is a liar and a thief. He burned down his fathers cottage in the 1000 island for the insurance money, which he was suppose to pay me off with. He didn’t. I will keep throwing bombs off in his yard until he pays.call the cops they won’t catch me.”  During the investigation, law enforcement officers recovered a list of addresses from the defendant’s garbage tote. The list included a number of the Falleson and Leander Road residences that received the letters. 

On April 8, 2021, a search warrant was executed on Pane’s Harding Road residence and his red pick-up truck. Investigators recovered materials used in assembling the explosive devices. The defendant was arrested following the execution of the search warrants.

Pane made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on April 13, 2021.

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

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 Kylie Reeves, 28, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to conspiring to possess with intent to distribute, and distributing, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.  

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that the defendant was part of a drug trafficking ring led by co-defendant Rocco Beardsley. Reeves distributed methamphetamine and heroin for Beardsley, who managed the defendant, controlled the supply, and set the prices. Reeves also allowed Beardsley to utilize her residence on W. Cowden Place in Jamestown and communicated with others on his behalf. On March 24, 2020, Beardsley was arrested on New York State warrants following a traffic stop. Law enforcement officers recovered large quantities of methamphetamine, fentanyl, cocaine, crack cocaine, hydrocodone, and other controlled substances from Beardsley’s vehicle. Investigator’s then searched Beardsley’s residence, recovering methamphetamine, a glass plate with white powder material, digital scale, and $185.00 in United States currency. Reeves and her three minor children also lived at the residence. Following Beardsley’s arrest, the defendant conducted drug trafficking activities on his behalf, communicating with co-conspirators, associates, suppliers, and customers in order to continue receiving proceeds.  

Reeves was indicted along with six other defendants in October 2020. She is the first defendant to be convicted.

The plea is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Acting 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 Jeffrey Guzman Suarez, 30, of Jamestown, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to attempting to possess cocaine with the intent to distribute it. The charge carries carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Richard Antoine, who is handling the case, stated that on October 2, 2019, during a review of outgoing mail, US Postal Inspectors were alerted to a suspicious parcel sent from Puerto Rico and addressed to the defendant. A Niagara Frontier Transit Detection K9 was brought in and gave a positive alert, indicating the presence of narcotics. During the execution of a search warrant on the package, inspectors discovered, concealed inside a small portable charcoal grill, an off-white chunky substance in brick form wrapped in multiple layers of plastic wrap, food storage bags, and cleaning wipes. The substance field tested positive for cocaine. On October 11, 2019, the defendant went to the Jamestown Postal Office and accepted the parcel which had been replaced with “sham” cocaine. As he attempted to exit the postal office, Suarez was arrested and taken into custody.

The plea is the result of an investigation by the United State Postal Inspection Service, under the direction of Joshua McCallister, Acting Inspector-in-Charge, Boston Division, and the Niagara Frontier Transportation Authority, under the direction of Chief George Gast. 

Sentencing is scheduled for August 30, 2021, at 3:00 p.m. before Judge Wolford.      

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyrell McDuffie, 36, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to conspiring to possess with intent to distribute, and distributing, 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.  

Assistant U.S. Attorney Misha Coulson, who is handling the case, stated that the defendant maintained a residence on Wyoming Avenue in Buffalo to store and sell cocaine and crack cocaine to customers. On April 5, 2019, investigators surveilled the defendant as he conducted a drug transaction with a co-defendant outside of the Wyoming Avenue residence. Shortly afterwards, investigators stopped the co-defendant’s vehicle for a traffic violation and recovered an amount of a suspected crack cocaine. Investigators seized the co-defendant’s cell phone, which contained text messages from McDuffie setting up the drug transaction. In addition, on four different occasions between September 2018 and January 2019, McDuffie sold crack cocaine to an individual working with law enforcement.

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 Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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 Nathaniel Gates, Jr, 47, of Fredonia, NY, who was convicted of possessing with intent to distribute, and distributing, 28 grams or more of crack cocaine, was sentenced to serve 84 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Seth T. Molisani and Charles E. Watkins, who handled the case, stated that in April 2015, the Southern Tier Regional Drug Task Force and the Drug Enforcement Administration began investigating the drug trafficking activities of the defendant in Chautauqua County, NY. During the investigation, investigators made three controlled purchases of narcotics from Gates. Investigators also executed a search warrant at the defendant’s Brigham Road apartment in Fredonia and recovered illegal narcotics and items commonly used in drug distribution.

The sentencing is the result of an investigation by the Southern Tier Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christian Michael Stutes, 25, of Rochester, NY, who was convicted of receipt and distribution of child pornography, was sentenced to serve 78 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between April 12 and December 13, 2019, the defendant engaged in sexually explicit conversations via text message with an individual he believed to be the father of a 10-year-old male. The individual was actually an undercover FBI agent. During their conversations, Stutes discussed paying $150 to have sex with the 10-year-old male, and on December 13, 2019, the defendant was arrested after he went to Brighton in order to have sex with the child. In addition, the defendant knowingly received and distributed images of child pornography. On the date of his arrest, Stutes possessed approximately 61 videos and 450 images of child pornography. Some of the images included prepubescent minors, as well depictions of violence.

At the time of his arrest, the defendant was employed as a teacher’s aide at a local childcare facility and was previously employed at various children’s camps.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Geimer, 54, of Rochester, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on December 31, 2020, an undercover law enforcement officer downloaded a video file containing child pornography from a peer to peer sharing network. The IP address that shared the file was traced to the defendant. Subsequently, a federal search warrant was executed at Geimer’s residence on Lake View Park in Rochester. During the search, investigators seized several digital devices that contained child pornography, including 1825 videos and 16,238 images. Some of the videos appear to have been taken from a “Go Pro” by an individual, believed to be Geimer, concealing the camera at an amusement park and capturing video of children at a water park. Another video depicts an individual, believed to be the defendant, concealing the camera walking through his place of employment, including a pool area, capturing children in their bathing suits. And another video depicts an individual, again believed to be Geimer, concealing the camera and walking into a certain grocery store directly towards a girl approximately 8 to 10 years old.

In June 1989, the defendant was convicted following a jury trial in New York State Court of Sexual Abuse 2nd and Acting in a Manner Injurious to a Child Less than 16 Years Old and sentenced to a conditional discharge.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on April 6, 2021, at 11:00 a.m.

The complaint 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.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bruno J. Haney, II, 32, of Lockport, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, heroin, fentanyl, and butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.     

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between April 2017 and March 2019, the defendant organized and led a drug trafficking organization, which included co-defendants Marissa L. DeCarlo, his girlfriend, who allegedly collected drug money for Haney, and James O. White, whom Haney allegedly supplied with drugs.

On June 16, 2017, the Niagara County Drug Task Force executed a state search warrant at the defendant’s residence on Prospect Street in Lockport. Investigators recovered several bags containing butyryl fentanyl, hydrocodone/acetaminophen and alprazolam pills, $515 in U.S. currency, two packages of black rubber bands, a box of waxed baggies, a digital video recorder, and a digital scale. On January 18, 2019, Haney was arrested, and a search warrant was executed at a residence at East Avenue in Lockport. During that search, investigators recovered quantities of fentanyl, a mixture of heroin and fentanyl, marijuana, $978 in U.S. currency, a digital scale, numerous tablets, and plastic baggies. On February 12, 2019, defendant was charged by a criminal complaint, and on February 28, 2019, he was released from custody on various conditions, which included that he not commit any offense in violation of federal, state, or local law. On March 7, 2019, another search warrant was executed at Haney’s residence on Prospect Street, during which a zip-lock bag containing a mixture of heroin and fentanyl, $373 in U.S. currency, and a digital scale were recovered.

Charges remain pending against defendants White and DeCarlo. 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  Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti; the Niagara County District Attorney’s Office, under the direction of District Attorney Brian D. Seaman; the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Randy Bower; the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph V. Cardone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Lockport Police Department, under the direction of Chief Steven Abbott. 

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 Michael Rech, 49, of North Chili, NY, was charged by criminal complaint with wire fraud and money laundering in connection with his application and receipt of approximately $277,500 in Paycheck Protection Program (PPP) loans. The charges carry up to 20 years in prison and a fine of $500,000.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant is the Director, President, and CEO of Guardian of Humanity, Inc., a nonprofit corporation. Rech is also the sole member of Eclipse, a limited liability company. Between April 2020 and February 2021, the defendant applied for three PPP loans. On his application, Rech fraudulently claimed that Guardian and Eclipse had employees and that he had been paying wages to these employees, which qualified him for the PPP loans. Subsequent investigation revealed that the defendant did not have any employees and did not paid wages to any employees. Rech received three PPP loans totaling approximately $277,500. Once he received the loans, the defendant took the money out of the bank in amounts less than $10,000 to avoid federal reporting requirements.

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

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.

The defendant made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released on conditions.

The criminal complaint is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.

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 Abdulkawi Al Shuaibi, 47, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to theft of government property. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Douglas A.C. Penrose and David J. Rudroff, who are handling the case, stated that the defendant’s father received retirement benefits under the Social Security Act. Those benefits should have ceased when Al Shuaibi’s father died in August 2013. However, the Social Security Administration (SSA) continued to pay these benefits until February 2019, with the defendant spending the money for personal expenses. The resulting loss to the SSA was approximately $76,393.50.

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

Sentencing is scheduled for September 17, 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 Jarmaine Dunbar, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possessing a firearm in furtherance of a drug trafficking crime. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorneys Douglas A. C. Penrose and David J. Rudroff, who are handling the case, stated that on October 10, 2020, the defendant was involved in a traffic accident at Leroy Avenue and Holden Street in Buffalo. When officers arrived on the scene, they observed a loaded, semi-automatic pistol on the front passenger seat of Dunbar’s car. When patting down the defendant, officers also retrieved a plastic bag containing cocaine.

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

Sentencing is scheduled for July 15, 2021, before Judge Sinatra.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Zachary Feeterman, 26, of Tonawanda, NY, with receipt and possession of child pornography. Based on the defendant’s prior conviction, the charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and a previously filed complaint, on August 8, 2019, two Erie County Probation Officers were conducting a routine home visit at the defendant’s residence where they discovered a cellular telephone. In November 2015, Feeterman was convicted of Attempted Possession of a Sexual Performance by a Child less than 16 years old and was a Level 1 Sex Offender on probation. As a result, he is prohibited from possessing a cell phone. During a search of the phone, the probation officers discovered several anonymous chatting and social media applications. One of the applications was KEEPSAFE, a vault storage application that looks like a calculator. The application contained files with images and videos of child pornography. Investigators also found numerous other images and videos of child pornography on the phone. Some of the images and videos included prepubescent children and depictions of violence.

Feeterman will be arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. on March 26, 2021, at 1:00 p.m.

The indictment is the result of an investigation by members the Erie County Probation Department, under the direction of Commissioner Brian McLaughlin; the FBI's Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; and the Town of 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Javarus Payne, 34, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 37 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the defendant was arrested on August 29, 2020, after officers from the Rochester Police Department and troopers from the New York State Police conducted a traffic stop of  a car defendant was driving on East Main Street in Rochester. As officers spoke with Payne, they smelled alcohol coming from inside the car, and also noticed a black semiautomatic handgun on the driver’s floor. The officers seized the loaded handgun, which had been reported stolen in Pennsylvania.

Payne was convicted in federal court in February 2012 of possessing a firearm in furtherance of a drug trafficking crime, and was under the supervision of the United States Probation Department at the time of this arrest. As a result, he is legally prohibited from possessing firearms and ammunition. 

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

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the New York State Police, under the direction of Major Barry Chase; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

ROCHESTER, N.Y.  U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Botier, 47, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to tax evasion. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that from January 2012 through March 2016, the defendant worked at Unity Health System in Rochester. Botier then worked for other medical facilities in the New York City area.  While working at Unity Health System and the other facilities, the defendant submitted fraudulent W-4 forms to his employers stating that he was exempt from having taxes withheld from his income or that he should have a reduced amount of taxes withheld based on a fraudulent number of allowances reported on the W-4 forms. This resulted in Botier’s employers not withholding or significantly under-withholding federal income taxes from the defendant’s wages and thus not forwarding the appropriate amount of federal income taxes to the Internal Revenue Service on behalf of Botier.

For the years 2012 through 2018, the defendant received total wages of approximately $832,032 and owed the Internal Revenue Service approximately $181,911 in federal income taxes. However, Botier failed to file a federal income tax return for each of those years and failed to pay the vast majority of federal income taxes he owed to the Internal Revenue Service.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.

Sentencing is scheduled for June 10, 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 Devonnte White, 29, of Huntersville, North Carolina, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possessing with intent to distribute 400 grams or more of fentanyl. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.  

Assistant U.S. Robert A. Marangola, who is handling the case, stated that the defendant was arrested January 15, 2021, following the execution of a federal search warrant at an apartment on Court Street in Rochester. When law enforcement officers entered the apartment, which was occupied only by White, the defendant dropped two bags of fentanyl to the floor. Investigators recovered a total of 1.5 kilograms of fentanyl, 979 grams of cocaine, and 571 grams of heroin from inside the apartment, as well as scales, bags, diluents for processing narcotics for distribution, five cell phones, and $3,954 in U.S. currency.  

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

Sentencing is scheduled for June 23, 2021, at 2:00 p.m. before Judge Wolford. 

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Troy L. McCullough a/k/a Trey, 49, of Rochester, NY, who was convicted of Hobbs Act robbery and brandishing and carrying a firearm during a crime of violence, was sentenced to serve 262 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Robert A. Marangola, who handled the case, stated that on December 3, 2019, the defendant and co-defendants James A. Houston a/k/a Hood, and Raekwon D. Fuqua, and others, robbed at gunpoint the AT&T store located on E. Ridge Road in the Town of Irondequoit. McCullough entered the store wearing a mask and gloves, brandished and pointed a firearm at a store employee while ordering him to open the safe, held the employee at gunpoint while he and defendant Fuqua removed 32 cellular phones from the store safe, and took them out of the store. The cellular telephones were valued at over $32,344. McCullough was arrested shortly after the robbery at a residence on Champlain Street in Rochester, where the stolen phones were recovered.

Co-defendants Fuqua and Houston were previously convicted of Hobbs Act robbery and are awaiting sentencing.

The sentencing is the culmination of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; and the Irondequoit Police Department, under the direction of Chief Alan Laird. 

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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 Tyree Sommerville, 24, of Buffalo, 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. Meghan E. Leydecker, who is handling the case, stated that late in the morning on December 6, 2020, Buffalo Police Officers were on routine patrol when they observed a vehicle with Ohio license plates fail to signal 100 feet prior to turning at the intersection of Dartmouth Avenue and Orleans Street. Officers activated their overhead lights and sirens to conduct a traffic stop. The operator of vehicle refused to stop and continued to drive before turning into a lot on Stockbridge Avenue. At that point, three individuals exited the vehicle, including Sommerville, who jumped out of the vehicle and fled from officers on foot. After a foot chase, law enforcement officers apprehended the defendant on Hewitt Avenue. As he was being apprehended, officers recovered a semiautomatic pistol from Sommerville. In July 2014, the defendant was convicted of Criminal Possession of a Weapon in the Second Degree, in New York State Court and as a result is legally prohibited from possessing a firearm.

The defendant was ordered detained this morning following a detention hearing before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

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

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Elison A. Ledesma-Melo a/k/a Carlos Rivera Perez a/k/a Ostin M. Echevarria-Roman, 46, a native of the Dominican Republic, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that in August 2018, the Drug Enforcement Administration began investigating the drug trafficking activities of the defendant who was a retail distributor of heroin in the Buffalo area. Ledesma-Melo traveled to the New York, NY, area to obtain heroin which he then brought back to Buffalo for distribution. On September 11, 2019, investigators conducted surveillance of the defendant’s vehicle as it traveled between the Buffalo area and the New York area. A traffic stop of Ledesma-Melo’s vehicle was conducted on Route 20A in Warsaw, NY. The defendant produced a Puerto Rico driver’s license in the name of Ostin M. Echevarria-Roman with a March 1972 birthdate. Following a brief roadside conversation, during which Ledesma-Melo provided false information and exhibited unusual behavior, a New York State Trooper searched the vehicle. A K-9 narcotics detection dog was also brought to the scene to assist in the search. The K-9 made a positive indication for the presence of narcotics in the rear seat/hatch area. A follow-up search of that area resulted in the recovery of a plastic bag which contained in excess of 100 grams of suspected heroin. Ledesma-Melo was taken into custody.
 
The plea is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division. 
 
Sentencing is scheduled for July 15, 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 Shaneesha White, 25, of Buffalo, NY, was arrested and charged by criminal complaint with theft of government funds, fraud associated with disaster relief, and wire fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that in October 2020, the U.S. Department of Labor received information from the New York State Department of Labor that a federal prisoner was illegally receiving NYS unemployment insurance benefit payments. Subsequent investigation determined that the IP address associated with the unemployment claim was also associated with multiple other claims, including the defendant Shaneesha White. According to the complaint, a total of $48,833.15 was deposited onto Key Bank debit cards controlled by the defendant. The debit cards were in the name of White, and two others. The complaint further states that the defendant used the unemployment benefits to pay for various expenses including a trip to Florida, cosmetic surgery, footwear, and cosmetics.

The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. It expands states’ ability to provide unemployment insurance for many workers impacted by COVID-19, including for workers who are not ordinarily eligible for benefits. The CARES Act provided for three new UI programs: Pandemic Unemployment Assistance (PUA); Federal Pandemic Unemployment Compensation (FPUC); and Pandemic Emergency Unemployment Compensation (PEUC).

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

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.

The complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent-in-Charge Todd Dennis; and the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Javon Hardy, 25, of Rochester, NY, who pleaded guilty to rioting, was sentenced to serve 12 months in prison by U.S. District Judge Charles J. Siragusa. Hardy was also ordered to pay restitution in the amount of $14,504. 

“Javon Hardy is one of 16 defendants charged in connection with violent protests that occurred in Rochester and Buffalo during a period of civil unrest in 2020, and the first to be sentenced to prison,” stated U.S. Attorney Kennedy. “While my Office will zealously protect every individual’s right to free speech, we will also zealously protect public safety by holding law breakers accountable for their criminal conduct.”

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on May 30, 2020, in the City of Rochester, the defendant, along with numerous other individuals, participated in a public protest near the Public Safety Building located at 185 Exchange Street.  At various times during the protest, the gathering turned violent, resulting in significant property damage and looting. 

During the course of his rioting, Hardy approached a mobile office trailer located at the corner of Court Street and Exchange Boulevard.  After walking up the stairs to the trailer, the defendant reached through a broken window and lit an object inside the trailer which started the fire. Hardy exclaimed “Let that (expletive) burn,” and “If it’s not on fire, I didn’t do my job.” The burning of the trailer and defendant’s statements were captured on Facebook Live, which streamed the burning of the trailer on the internet. The mobile office trailer was completely destroyed by fire.

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

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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 Jesse C. DeJohn, 25, of Newark, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on January 14, 2021, during the execution of a search warrant by the New York State Police at the defendant’s residence, investigators seized a desktop computer and a USB thumb drive. A forensic search of DeJohn’s electronic devices recovered approximately 721 images and five videos containing child pornography. 

The defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and was detained.

The complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and the Unites States Department of 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 Anthony Gerace, 41, of Clarence, NY, who was convicted of possessing firearms in furtherance of drug trafficking crimes, was sentenced to serve 60 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that between 2006 and January 28, 2019, the defendant was involved in the possession and distribution of marijuana, THC, cocaine, hydrocodone, and other federally controlled substances. On January 28, 2019, a federal search warrant was executed at the Gerace’s residence on Michael Douglas Drive in Clarence. Homeland Security Investigation special agents recovered quantities of marijuana and THC intended for distribution by the defendant, as well as 14 firearms and numerous rounds of ammunition for the various firearms. The firearms and ammunition were located in close proximity to the controlled substances, and also in close proximity to $103,360 in U.S. currency. As part of his plea, Gerace admitted that the firearms protected him, his proceeds, the location where he stored his controlled substances and currency, and the controlled substances, which had a conservative street value of approximately $98,850.  The defendant also agreed to forfeit $103,360 as well as the firearms and ammunition seized from him on January 28, 2019.

The sentencing is the result of an investigation by 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 Amherst Police Department, under the direction of Chief John Askey; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, 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, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that the United States Attorney’s Office for the Western District of New York has filed a civil action seeking to determine the ownership of a 1996 Ferrari F50.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the civil complaint, the Italian luxury sports car was being transported across the border from Canada into the United States at the Peace Bridge Port of Entry on December 14, 2019, at which time the vehicle was taken into custody by Customs and Border Protection (CBP). Subsequent investigation by CBP officers determined that the vehicle was reported stolen in Italy in 2003. Since being taken into custody by CBP officers, multiple parties have claimed ownership of the vehicle. The Government filed the civil action with the Court to determine who can take ownership of the vehicle, which is valued at an estimated $1,900,000.  

The Ferrari was initially taken into custody after it was discovered during the inspection of the vehicle at the border that some of the rivets on the VIN plate located on the dashboard were covered in a black tar type substance, which is inconsistent with factory standards. Due to the inconsistencies, CBP placed a hold on the vehicle to conduct additional investigation of the Ferrari’s history.

“After investigation, my Office determined that it would not be appropriate for us to exercise our authority and forfeit this extremely valuable and previously stolen luxury car,” stated U.S. Attorney Kennedy. “Instead, after an 18-year odyssey, which we know took it across continents and countries, we have decided that the time has come for a court of law to determine the rightful owner of the vehicle.” 

“This case highlights the hard work, dedication, and enforcement mindset of our officers,” said CBP Buffalo Director Field Operations, Rose Brophy. “We continue to work closely with our law enforcement partners, even through an extensive time frame and over multiple countries, as shown with the outstanding teamwork by all involved in this case.”

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.

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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 Edwin Calderon, 39, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and conspiring to commit money laundering, was sentenced to serve 120 months in prison by U.S. District Judge Elizabeth A. Wolford. 

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between 2015 and September 27, 2018, the defendant conspired with Carlos Cruz-Garcia and others, to sell cocaine. Calderon obtained quantities of cocaine to distribute in the Rochester area. Some came through the United States Postal Service addressed to other people, including Cruz-Garcia. Those packages contained half-kilogram quantities of cocaine and were shipped from Puerto Rico. Co-conspirators would then deliver the packages to the defendant who would sell the cocaine for profit.

In furtherance of the money laundering conspiracy, Calderon and his co-conspirators exchanged small denomination bills from drug sales for larger denomination bills at banks, in an effort to reduce the physical size of the bills and, therefore, make it easier to conceal and transport.

On July 20 and July 31, 2018, the defendant and Cruz-Garcia traveled to a credit union on Ridge Road in Rochester and exchanged approximately $11,000 worth of small denomination bills for $100 bills. On July 20, 2018, Calderon and Cruz-Garcia traveled to another credit union on Mt. Read Boulevard in Rochester and exchanged approximately $8,000 worth of small denomination bills for $100 bills. After obtaining the larger denomination bills, the defendant and his co-conspirators would send large amounts of money – consisting of drug proceeds – concealed in multiple packages through the United States Postal Service from Rochester to Puerto Rico.

Calderon was charged along with Carlos Cruz-Garcia and Manuel Medina. All three defendants have been convicted. 

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

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Holland, 29, of Newark, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography and possession of child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum penalty of 50 years, lifetime supervised release, and a $500,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between 2016 and 2020, the defendant, who was formerly employed as a Teaching Assistant in the Newark, NY, Central School District, and a teacher/assistant at the Canandaigua, NY, YMCA, engaged in a series of child exploitation and child pornography crimes, including coercing minors both known and unknown to him to produce child pornography via social media; surreptitiously recording minors in states of undress in their homes, surreptitiously recording minors in states of undress at a YMCA where he was employed, surreptitiously recording minors and others in states of undress at his Newark photography studio “Illumination Images,” and downloading and possessing hundreds of images and videos of pre-existing child pornography via the internet.

The defendant posed as a 14-16 year-old male and used the Snapchat account “Tjohnson755” and the Instagram account “TimJ755,” to engage minors in sexually explicit conversations. Holland would begin in neutral conversation, then would send pictures of an attractive teenaged boy, before transitioning the conversation to sexual topics and demanding that the minors produce and send to him nude or semi-nude photographs – to include the minors’ faces. The defendant often played upon his victims’ insecurities, paying them compliments and promising that he would delete their photos and would not share them. In some cases, once he obtained nude or semi-nude photographs, Holland would ask for more sexually explicit photographs involving sex acts. If a minor declined, the defendant threatened to share their previous images over the Internet. Since the defendant knew many of the minors through his employment with the Newark Central School District, he sometimes made specific threats involving the minors actual addresses, relatives, and schools, causing the minors, most of whom were 13 to 16 years old, to suffer extreme anxiety and fear.

The defendant’s conduct was first discovered when a minor victim in Virginia reported to police that Holland had coerced her into sending him sexually explicit photographs and videos. An investigation by the Loudoun County, Virginia, Sheriff’s Office led to the discovery of dozens of victims in the Western District of New York, and coordination with the Newark Police Department, the Wayne County Sheriff’s Office, the Canandaigua Police Department, and the Department of Homeland Security.

In addition to coercing minors to produce child pornography via social media and the internet, Holland also engaged in the following conduct:

• Between October 2019, and February 14, 2020, while employed as a teacher/assistant at the before and after school childcare program at the Canandaigua YMCA, the defendant was responsible for supervising children 3 to 12 years old. On at least one occasion, Holland entered the family locker room and photographed approximately 5 female children in his care as they were changing out of their swimsuits after swimming in the YMCA pool. 

• Between February 18, 2019, and February 20, 2020, Holland surreptitiously recorded a 10-11 year-old girl in various stages of undress in the bathroom of her home in Newark.

• On April 17, 2016, the defendant surreptitiously recorded a 10 year-old female in various stages of undress in the bathroom of her home in Marion, NY. 

• Prior to his arrest in May 2020, Holland was also the owner and operator of Illumination Images located in Newark. Using this business, the defendant surreptitiously recorded minors in  various states of undress by placing a hidden recording device inside of the studio changing room.

The defendant also possessed hundreds of images and videos of child pornography that he obtained via the Internet, including images and videos depicting the sexual abuse of prepubescent minors, to include toddlers, and children being subjected to violence. 

The plea is the result of an investigation by the Loudoun County, VA, Sheriff’s Office, under the direction of Sheriff Michael L. Chapman; the Newark, NY Police Department, under the direction of Chief Mark Thoms; the Wayne County Sheriff’s  Office, under the direction of Sheriff Berry Virts; the Canandaigua, NY Police Department, under the direction of Chief Stephen Hedworth; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for June 17, 2021, at 9:15 a.m., before Judge Siragusa.

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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 Philip M. Close, 43, of Rochester, NY, pleaded guilty before U.S. District Judge Charles A. Siragusa to a 74-count indictment, including 61 counts of production of child pornography and 13 counts of possession of material containing child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum 2,090 years in prison, and a $18,500,000 fine.

“The defendant occupied a position of trust with respect to his students,” stated U.S. Attorney Kennedy. “His perverse violation of that trust, together with our duty to protect our children, warrant the defendant being held fully accountable for all that he did, and full accountability is precisely what today’s plea ensures.”

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that from 2016 to 2019, the defendant owned the Close School of Music on West Ridge Road in the Town of Parma and provided private music lessons to children of all ages. During that time, Close hid spy cameras throughout the school and secretly recorded the students, parents, and other teachers. Some of these cameras captured videos of the defendant inappropriately touching his students and himself during lessons. Close also placed two spy cameras in the school’s only bathroom: one under the toilet and one hidden in a watercooler facing the toilet. The defendant intentionally positioned these cameras to record the naked genitals of young girls when they stood up from the toilet. Prior to opening the Close School of Music in 2016, the defendant worked at a different music school. Between 2012 and 2016, he also placed a spy camera in the bathroom of that school and intentionally recorded the naked genitals of young girls when they went to the bathroom.

Between 2012 and 2019, Close produced hundreds of videos of child pornography involving 61 identified minor victims. The youngest victim was four years old. While executing search warrants at the Close School of Music, investigators also discovered 13 devices that contained other images and videos of child pornography.

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

Sentencing is scheduled for August 16, 2021, at 10:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Sydney Johnson, 28, of Buffalo, 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 Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, in August 2019, the FBI Safe Streets Task Force initiated an investigation into members of the Fruit Belt Posse (FBP). The FBI learned that members and associates of the FBP are actively engaged in the distribution of narcotics, firearms offenses, and gang activity. On February 26, 2021, task force members and the Niagara Frontier Transportation Authority (NFTA) Police Department were conducting surveillance on the defendant, a suspected member of the FBP. Investigators observed Johnson, whose driver’s license is currently suspended, driving a rental vehicle in the City of Buffalo. NFTA marked patrol units initiated a traffic stop on the defendant’s vehicle, but Johnson attempted to elude police officers. As officers pursued the vehicle, one officer observed a firearm being thrown from the passenger side of Johnson’s vehicle. In addition, dash cam footage from the patrol vehicle captured the firearm being thrown from the vehicle. Officers retrieved the loaded firearm from the side of the road. Johnson continued to flee and was later observed exiting the vehicle on foot and running. NFTA officers took the defendant into custody after a foot chase.

In October 2020, Johnson was convicted of Attempted Criminal Possession of a Weapon in the Second Degree in New York State Court and as a result is legally prohibited from possessing a firearm.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained pending trial.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Niagara Frontier Transportation Authority Police Department, under the direction of Chief George Gast; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Jamestown Police Department, under the direction of Chief Timothy Jackson.

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Saleh Mozeb, 65, of Buffalo, NY, was arrested and charged by criminal complaint with healthcare fraud. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

“The Medicaid program is intended to provide healthcare benefits to those in need,” noted U.S. Attorney Kennedy. “This Office and our partners will do all that we can in order to ensure that dishonest individuals who seek to enrich themselves by exploiting the Medicaid program are brought to justice.”

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that the defendant is a co-owner of Great Lake Transportation, which is a non-emergency medical transportation provider for Medicaid recipients. Great Lake, which has been operating since August 2016, has approximately 15 vehicles in its fleet and employs approximately 20 drivers, primarily providing rides to and from methadone clinics in the Buffalo area. Between September 2016, and December 2020, representatives from Great Lake submitted fraudulent claims for payment to Medicaid, seeking reimbursement for non-emergency transportation allegedly provided by Mozeb. The fraud involved the billing of Medicaid transportation trips that were not actually being performed, and individual rides that were billed as group rides, resulting in a greater reimbursement. Great Lake billed approximately $34,825 between September 2016, and December 2020, for rides provided by the defendant.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions, including electronic monitoring.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Medicaid Fraud Control Unit, under the direction of New York State Attorney General Letitia James; the New York State Police, Special Investigation Unit, under the direction of Major James Hall; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; the New York State Comptroller's Office, under the direction of Comptroller Thomas DiNapoli; and U.S. Border Patrol, under the direction of Acting Chief Patrol Agent Buffalo Sector Andrew K. Scharnweber.

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 Michael Kornaker, 50, of North Tonawanda, NY, with wire fraud and aggravated identity theft. The charges carry a minimum penalty of two years in prison, a maximum penalty of 20 years, and a $250,000 fine.

“As alleged in the indictment, the defendant’s conduct has demonstrated that he is a serial fraudster who will stop at nothing to fill his own pockets with money intended for those in need,” stated U.S. Attorney Kennedy. “Let this prosecution put the defendant and others like him on notice—we are paying attention, and if you commit fraud trying to enrich yourselves with money earmarked for those hardest hit by the pandemic, then the only return you should expect to receive is one from a federal grand jury in the form of an indictment.” 

Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the indictment and a previously filed complaint, Kornaker was recently released from federal prison following a prior fraud conviction and was on supervised release. Between June and August 2020, the defendant fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA). The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. Kornaker applied for $60,500 by using the name and personal information of another person and without that person’s permission. In addition, the defendant fraudulently applied for an American Express credit card using the same person’s name and personal information and without their permission.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service Criminal Investigation, under the direction of Special Agent-in-Charge Jonathan D. Larsen.

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 three-count indictment charging Richard Lafrance, 34, of Jamestown, NY, with enticement, production of child pornography, and committing certain crimes while required to register as a sex offender. The charges carry a minimum sentence of 45 years in prison, and a maximum penalty of life.

Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the indictment and a previously filed complaint, in April 2019, the defendant met and began communicating via email and text message with a 14-year-old Minor Victim (MV1). The communications between Lafrance and MV1 were sexually explicit and included the defendant requesting that MV1 send him naked pictures. In addition, Lafrance met up with MV1 on at least two occasions to engage in sexual intercourse.

In 2006, the defendant was convicted in Oregon of two counts of second degree rape and one count of second degree sexual abuse, and as a result, he is a registered Level III sex offender.
The defendant was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

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

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

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Kelsey A. Mulvey, 28, of Grand Island, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to tampering with a consumer product. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

“This case highlights the self-destructive power of addiction and the lengths to which those struggling with substance use disorder will go,” stated U.S. Attorney Kennedy. “This defendant took medications intended to treat cancer patients to feed her own addiction, hurting those who were seriously ill or dying. This case illustrates just how widespread and devastating the damage caused by a one person’s addiction can be.”     

“The FDA oversees the U.S. drug supply to ensure that it is safe and effective, and those who tamper with medicines put patients’ health at risk,” said Special Agent-in- Charge Jeffrey J. Ebersole, FDA Office of Criminal Investigations, New York Field Office. “We will continue to protect the public health and bring to justice health care professionals who take advantage of their unique positions and compromise patients’ health and comfort by criminally tampering with needed drugs.”

“Kelsey Mulvey's plea today to tampering with powerful narcotics intended to ease the suffering of cancer patients here in Buffalo painfully resonates with the thousands of families who have personally faced the challenges and torment that comes with the crippling affliction of cancer,” said FBI Buffalo Field Office Special-Agent-in-Charge Stephen Belongia. “Although the pain of addiction takes its own toll on those who suffer from it, it cannot and does not excuse medical professionals who intentionally compromise the health and comfort of cancer patients who deserve to receive safe and unadulterated medication meant to ease their pain.”

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between July 21, 2016, and July 13, 2018, the defendant worked as a registered nurse at Roswell Park Comprehensive Center. Between February and June 2018, Mulvey tampered with and stole controlled medications, including Dilaudid, from various medication dispensing machines located throughout the hospital, which tracked and held controlled substances meant for Rowell Park patients. She did so to satisfy her addiction.

Specifically, the defendant would conduct a transaction at a dispensing machine, quickly cancel the transaction and leave the medication drawer open, open the vial and remove the hydromorphone, replace it with water, and place the vial back into the machine so the total count of vials would not trigger scrutiny. Over time, Mulvey utilized the patient medical record database to search for patients specifically prescribed hydromorphone, because to access the dispensing machine, the defendant had to first access patient profiles. At times, Mulvey would divert vials of controlled medications from the dispensing machine and not administer the medication to any patient.

On June, 27 2018, the defendant had a scheduled vacation day, however, she was observed accessing a dispensing machine, carrying a backpack, and exiting a medication room in which she was not assigned. It was later determined that Mulvey had accessed the drawer for hydromorphone. The defendant was subsequently placed on administrative leave and resigned in lieu of termination.

From June to July 2018, there was a spate of waterborne infections at Roswell Park, during which six patients became ill. An investigation by the hospital concluded that tampering of compounded hydromorphone vials was the cause. On June 27, 2018, seven hydromorphone vials were removed from the dispensing machines, which were involved in the defendant’s conduct. Four out of seven grew the waterborne bacteria and had approximately 80% of the hydromorphone removed and replaced. Roswell Park tested another set of vials and concluded that three out of four vials had a substantial percentage of hydromorphone removed and replaced and waterborne bacteria.

The plea is the culmination of an investigation by the Food and Drug Administration, Office of Criminal Investigations, under the direction of Special Agent in Charge Jeffrey Ebersole; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Department of Education, Office of Professional Discipline; and the New York State Attorney General’s Office, under the direction of Attorney General Letitia James.

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 Donyell Williams, 26, and Johnny Greer, 20, of Michigan, were arrested and charged by criminal complaint with fleeing and evading a checkpoint operated by federal law enforcement in a motor vehicle in excess of the legal speed limit and with eluding examination and inspection by immigration officers. The charges 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 according to the complaint, on March 5, 2021, at approximately 10:00 p.m., the Canadian Border Services Agency (CBSA) alerted Customs and Border Protection (CBP) officers at the Lewiston Port of Entry, that a black Jeep Commander with Ohio license plates had just fled the CBSA secondary inspection area. The driver was identified as defendant Williams, and the passenger was identified as defendant Greer.  CBSA advised that after defendants arrived at their checkpoint, they were directed to a secondary inspection area and instructed to remain in the vehicle while a records check was conducted. Williams and Greer immediately drove off at a high rate of speed against traffic back through the CBSA primary lanes towards the United States. Williams then drove through a CBP truck lane number and failed to stop for inspection, at which time “port runner” protocols were initiated.

CBP Officers departed Lewiston Port of Entry in pursuit of the defendants. The black Jeep Commander was observed on the comer of Baseline Road and Staley Road on Grand Island, NY. When Officers turned their vehicle around, Williams and Greer once again fled at a high rate of speed, getting back onto the I-190 heading south. CBP continued in pursuit utilizing lights and sirens. The defendants exited the I-190 and entered the 198 and attempted to evade CBP Officers by making turns at various streets in between Buffalo State College and the Peace Bridge Port of Entry, before getting back onto I-190 south and eventually the I-90 west. During the pursuit, vehicle speeds ranged in excess of 95 to 110 mph. On the I-90 near Dunkirk, NY, the New York State Police attempted safely to stop the vehicle utilizing tire deflating techniques. The defendants evaded that attempt, and approximately 12 miles past that point, the black Jeep Commander was found abandoned on the side of the highway.  Law enforcement officers commenced a search for Williams and Greer who fled the vehicle on foot. At approximately 1:00 a.m., on March 6, 2021, defendant Williams walked out of the wooded area adjacent to the I-90 and turned himself into CBP Officers. During a search of Williams, officers recovered approximately 10 grams of suspected THC/marijuana. A few minutes after Williams was taken into custody, defendant Greer was located and taken into custody on the side of I-90 trying to flag down other vehicles.

The complaint is 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.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bryson McBride, 22, of Rochester, NY, who was convicted of possessing with intent to distribute cocaine and possessing a firearm with an obliterated serial number, was sentenced to serve 46 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that on May 16, 2019, at a residence on Baycliff Drive in Rochester, the defendant possessed a quantity of cocaine, which was packaged for distribution. McBride also possessed quantities of fentanyl and acetyl fentanyl. In addition, the defendant possessed a 9mm semiautomatic pistol with an obliterated serial number.

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

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of 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. 

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