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 Jean Green-Alvarez, 34, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to being 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 Cassie M. Kocher, who is handling the case, stated that on January 15, 2020, at approximately 12:14 a.m., the defendant, while in possession of a loaded semiautomatic rifle, approached an individual and forcibly stole a backpack. Green-Alvarez then fled to 108 Emerson Street in Rochester and handed the weapon and proceeds from the robbery to an individual inside the home. The weapon was recovered by law enforcement officers in the basement of 108 Emerson Street. In September 2009, the defendant was convicted of conspiracy to possess with intent to distribute crack cocaine in the District of Puerto Rico. As a result of that prior conviction, Green-Alvarez is legally prohibited from possessing a firearm.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; 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 United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth.

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

Sentencing is scheduled for June 7, 2021, at 3:00 p.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alexis Lopez, 27, and Ivan Irizarry-Ramos, 35, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiring to possess with intent to distribute fentanyl. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. 

“Sadly, this deadly mixture of cocaine and fentanyl is becoming increasingly prevalent in our District,” noted U.S. Attorney Kennedy. “Buyers of cocaine may have no idea that their drug of choice is laced with fentanyl. This situation is extremely dangerous and often deadly, especially for unsuspecting cocaine users who have no tolerance for opioid drugs.”

Assistant U.S. Attorneys David J. Rudroff and Charles M. Kruly, who are handling the case, stated that according to the complaint, on March 1, 2021, the U.S. Postal Inspection Service executed a search warrant on a Priority Mail Express Parcel, which contained approximately ½ a kilogram of a substance containing a mixture of fentanyl and cocaine. The drugs inside the parcel were replaced with sham material, and an undercover agent delivered the parcel to an address on Leroy Avenue in Buffalo, where it was accepted by defendant Lopez. After the parcel was taken inside, agents were alerted that the parcel had been opened. Following that alert, a search warrant was executed and agents discovered Lopez and defendant Irizarry-Ramos together in an apartment, from which they also recovered a digital scale, plastic packaging materials, and an electric blender with white powdery substance inside.

The defendants made an initial appearance before Magistrate Judge Michael J. Roemer and are being held pending a detention hearing on March 11, 2021.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larry Watkins, Jr., 54, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a weapon. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

Assistant U.S. Attorneys Meghan E. Leydecker and Franz M. Wright, who are handling the case, stated that according to the complaint, the defendant is currently on federal probation following a 2019 conviction for being a felon in possession of ammunition. On March 2, 2021, United States Probation Officers, assisted by other law enforcement personnel, searched Watkins’ Stanton Street residence and recovered a 9mm pistol in his bedroom. The defendant was also previously convicted in New York State Court of drug and gun charges and is legally prohibited from possessing a firearm.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on March 17, 2021.

The complaint is the result of an investigation by the United States Probation Office, under the leadership of Chief Probation Officer Timothy C. Englerth, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 104-count indictment charging Robert Morgan, Todd Morgan, Frank Giacobbe, and Michael Tremiti, with conspiracy to commit wire fraud and bank fraud for their roles in a wide-ranging mortgage fraud scheme. The defendants each face charges of wire and bank fraud. Robert and Todd Morgan are also charged with defrauding insurance companies. The charges carry a maximum penalty of 30 years in prison and a fine in the amount of double the loss caused by the crimes. 

“Upon executing search warrants in this case, my Office, together with our law enforcement partners, acted quickly to take action in an effort to try to limit the amount of damage occasioned by the defendants’ alleged widespread fraud,” noted United States Attorney Kennedy.  “While that effort succeeded in that objective, the unfortunate truth is that the swiftness with which we moved may have also contributed to the reasons for which the original indictment in this case was dismissed by the Court.  In the end, however, this new indictment now ensures that the defendants will be held to answer for the serious crimes alleged therein.” 

Assistant U.S. Attorneys Elizabeth R. Moellering and Douglas A.C. Penrose, who are handling the case, stated that according to the indictment, between 2007 and January 2019, the defendants conspired with Kevin Morgan, Patrick Ogiony, Scott Cresswell, and others fraudulently to obtain funds from financial institutions such as Arbor Commercial Mortgage, LLC, Berkadia Commercial Mortgage, LLC, UBS and Deutsche Bank, and government sponsored enterprises, including Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal National Mortgage Association (Fannie Mae).

During the course of the conspiracy, the defendants engaged in a scheme to defraud financial institutions and government sponsored enterprises by providing false information to lenders in support of applications for mortgage loans to purchase properties, refinance properties or build properties. As part of the applications for mortgage loans, the defendants submitted inflated and false rent rolls which included non-existent tenants and inflated rents to fraudulently increase the income for a building in order to justify a loan amount that they would not otherwise qualify for.  Similarly, in order to further inflate the income, defendants told lenders they were receiving fake fees, such as stating that residents paid for cable when it was actually included in the rent.  Defendants also fraudulently reduced and improperly capitalized expenses in order to make the property appear to generate more income to, again, justify a larger mortgage loan than they would otherwise qualify for.

The defendants took steps to conceal the fraud from the lenders, including by making vacant units appear occupied during inspections by turning radios on in vacant units, by placing welcome mats and shoes in hallways outside vacant units, and by paying individuals to pretend to be tenants in units the inspectors would enter. 

In the wire fraud conspiracy to defraud insurers, Todd Morgan and Robert Morgan are accused of conspiring with Kevin Morgan and Scott Cresswell to present false and inflated contracts and invoices to insurance companies for repairs after damages to properties in Robert Morgan’s real estate portfolio.

While the loans which were the subject of defendants’ alleged fraudulent conduct exceeded $400 million in value, the total loss sustained by financial institutions and government sponsored enterprises throughout the mortgage fraud scheme is currently estimated to exceed $9,500,000. The loss resulting from the insurance fraud scheme is currently estimated at approximately $3,000,000.

The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and were released on conditions.

Defendants Kevin Morgan and Patrick Ogiony were previously convicted of conspiracy to commit bank fraud, and defendant Scott Cresswell was previously convicted of conspiracy to commit wire fraud for their roles in the multi-million dollar fraud scheme. All three defendants are awaiting sentencing.

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 Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.

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 a federal grand jury has returned an indictment charging James Oliver Young, 52, of Rochester, NY, with enticement of a minor to engage in sexual activity, conspiracy to produce child pornography, and production and receipt of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, and a maximum of life.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that the according to the indictment and previously filed complaints filed against the defendant and co-defendant and Rebecca Wilson, on April 17, 2020, the New York State Police received information from the National Center for Missing and Exploited Children (NCMEC) that an “Ollie Young” was communicating with a Minor Victim (MV1), in Rochester through private messages on Facebook. It appeared that “Ollie Young” was attempting to entice MV1 to produce and send apparent child exploitation images as well as engage in sexual activity. “Ollie Young” was later identified as defendant Young. Subsequent investigation determined that Young and Wilson allegedly had sexual relations with MV1 on multiple occasions.

On April 18, 2020, New York State Police executed a search warrant and seized multiple devices, including two cell phones belonging to Wilson. Investigators located multiple videos depicting child pornography involving Minor Victim 2 (MV2).

Rebecca Wilson previously pleaded guilty to two counts of production of child pornography and is awaiting sentencing.

Young made an initial appearance today before U.S. Magistrate Judge Mark W. Pedersen and was detained.

The indictment is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tiago Mello-Lima, 34, a Brazilian citizen living in Canada, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to bringing aliens to the United States for commercial advantage or private financial gain. The charge carries a mandatory minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine.

Assistant U.S. Attorney Charles Kruly, who handled the case, stated that the defendant managed and supervised a smuggling organization. Specifically, on April 28, 2019, while in Ontario, Canada, Mello-Lima and two other individuals, including co-defendant Renan Portela Bandeira De Souza, launched a boat, containing four alien passengers who were not citizens or nationals of the United States, into the Niagara River. In prior negotiations with two of the aliens, the defendant agreed to charge each alien approximately $6,000 to bring them to the United States. Mello-Lima drove the boat from Canada to the United States landing on Grand Island, NY. The four aliens disembarked, and the defendant returned the boat to a dock in Canada. Mello-Lima planned the April 28, 2019, smuggling and arranged for a U.S.-based individual to pick up the aliens on Grand Island and drive them to their final destinations in the United States. Between March 17 and July 2019, Mello-Lima smuggled or aided and abetted the smuggling of six more aliens into the United States.

Co-defendant Renan Portela Bandeira De Souza also pleaded guilty to bringing aliens to the United States for commercial advantage or private financial gain and was sentenced to serve 21 months in prison by U.S. District Judge Richard J. Arcara.

The plea is the result of an investigation by U.S. Border Patrol Buffalo Sector, under the direction of Acting Chief Patrol Agent Andrew Scharnweber, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. The Justice Department’s Office of International Affairs provided substantial assistance.

Sentencing for Mello-Lima 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 a federal grand jury has returned two separate indictments against Joseph Bella, 48, of Buffalo, NY.  A superseding indictment charges the defendant with possessing with intent to distribute, and distributing cocaine; maintaining a drug involved premises; possessing a firearm in furtherance of a drug trafficking crime; being an unlawful user of a controlled substance in possession of a firearm; and threatening to injure a person through interstate communications. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.

The second indictment charges Bella with committing wire and mail fraud, money laundering, and making false statements on a loan application.  The charges in the second indictment carry a maximum possible sentence of 30 years in prison and a $1,000,000 fine.

“The common thread running through the allegation in these two indictments is defendant’s willingness to do anything to make a buck, even if it means jeopardizing the health and safety of others,” noted U.S. Attorney Kennedy.

Assistant U.S. Attorneys Nicholas T. Cooper and David J. Rudroff, who are handling the cases, stated that the according to the superseding indictment, indictment and a previously filed criminal complaint, on April 23, 2020, Special Agents and Officers from Homeland Security Investigations, U.S. Border Patrol, U.S. Customs and Border Protection, and the Buffalo Police Department executed a search warrant at a residence on Summer Street in Buffalo. The defendant was present during the execution of that warrant.  During the search, a quantity of cocaine, plastic bags, and a digital scale were seized. In addition, agents also discovered: a shotgun and numerous rounds of ammunition; THC gummies, lollipops, and other THC edibles; marijuana cigarettes and loose marijuana; THC vape cartridges; suspected Psilocybin mushrooms; a small quantity of MDMA; various pills; and THC resin.

In addition, Bella is alleged to have defrauded a Salt Lake City, Utah, corporation (Victim) that developed and manufactured COVID-19 test kits.  Bella falsely represented that his company, Medcor Staffing, Inc., was laboratory certified to perform high-complexity molecular testing, that Medcor was an “end-user” of the tests, and that Medcor would not attempt to resell them. As a result, the Victim sold Bella 5,000 COVID-19 tests that he could not safely and accurately process, could not provide end-user support for, and, in fact, intended to re-sell at a substantial mark-up.

In March 2020, Bella advertised on his personal Facebook account that he was selling “FDA approved COVID-19 Test Kits.” In April 2020, the defendant communicated with an undercover federal agent by telephone, text message, and email, falsely telling the agent that he had 50,000 COVID-19 tests for sale; that the COVID-19 tests were being stored in a warehouse in San Diego, California at -20 degrees Celsius; that Medcor was an “exclusive licensed reseller” of the tests; and that Medcor employed doctors and scientists to answer customers' questions. Bella attempted to sell the tests to the agent for $30 per test, or more, after fraudulently obtaining the tests for only $8 apiece.

The defendant is also accused of fraudulently obtaining a loan from the Small Business Association under the Economic Injury Disaster Loan (EIDL) Program, which is designed to provide low-interest loans to qualifying small businesses to help them meet financial obligations and operating expenses in the event of a disaster. At Bella’s direction, a subordinate submitted a falsified application for a loan under the EIDL Program for another business Bella owns called BuyMyCard, a purchaser and re-seller of gift cards. The application grossly inflated BuyMyCard’s annual revenue, grossly underreported BuyMyCard’s annual expenses, and falsely stated that Bella was not subject to formal criminal charges at the time of the application. As a result of the falsified application, the SBA approved and funded a $149,900 loan to BuyMyCard under the EIDL Program.

Bella has been under home confinement since May 2020. Following his arraignment on these two indictments, U.S. Magistrate Judge Michael J. Roemer revoked Bella’s release and he was ordered detained pending trial.

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 indictments are the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher; U.S. Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Jonathan DiPirro, 30, of Depew, NY, with distribution of acetyl fentanyl, fentanyl, and cocaine causing death, distribution of acetyl fentanyl and fentanyl causing death, possessing with intent to distribute, and distributing, acetyl fentanyl and fentanyl, narcotics conspiracy, possession with intent to distribute methamphetamine and crack cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 20 years in prison and a maximum of life in prison.

“This indictment alleges that the drugs distributed by the defendant resulted in the deaths of two of his customers,” stated United States Attorney Kennedy. “While no amount of punishment can bring back those lives and while the hope is that the prospects of spending 20-plus years in federal prison might deter others from supplying drugs that could lead to overdose, in the end, the only real guarantee that this prosecution can provide is that defendant, if convicted as charged, won’t be able to provide deadly poison to anyone else for at least two decades.”

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment and a previously filed complaint, in October of 2019, the Lancaster Police Department, Drug Enforcement Administration, and the New York State Police Violent Gang Narcotics Enforcement Team began investigating the drug dealing activities of the defendant and his co-defendant Sarah Szymanski, who were identified as individuals who sold heroin and fentanyl together in the Western New York area.  Since February of 2020, law enforcement has made three separate controlled purchases of suspected opiates from co-defendants DiPirro and Szymanski.

On November 2, 2019, Lancaster Police Officers, the Bowmansville Fire Company, and the Lancaster Volunteer Ambulance Corporation, responded to an emergency call at a residence in Lancaster. When first responders arrived, they discovered an individual identified as J.L. deceased. Next to J.L., officers observed a hypodermic needle containing a small amount of liquid or blood. A few days later, on November 4, 2019, officers took custody of an eyeglasses case that contained an amount of suspected controlled substances and the hypodermic needle. Testing by the Erie County Central Police Services Forensics Laboratory confirmed that the powdered substance contained a mixture of acetyl fentanyl, fentanyl, and cocaine. On February 11, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in J.L's system at that time that contributed to the drug intoxication.

Subsequent investigation determined that DiPirro was the individual J.L. contacted by cell phone, using calls, text messages, and Facebook Messenger, to purchase heroin or fentanyl.  Specifically, between September 2019 and November 2, 2019, the date of his overdose death, J.L. contacted DiPirro continually using these lines of communication. During that time, J.L. overdosed from heroin and/or fentanyl on three known occasions. J.L. survived the first two overdoses, but died as a result of the third overdose.

On March 4, 2020, the Cheektowaga Police Department responded to an emergency call at a residence in Cheektowaga involving an overdose of an individual. When officers arrived, they found an individual, identified as S.L., unresponsive. Officers administered two doses of Narcan but could not revive S.L. Officers also administered cardiopulmonary resuscitation and transported S.L. to St. Joseph's Hospital. Medical personnel ultimately pronounced S.L. dead.  The investigation into S.L.'s fatal overdose revealed voice calls exchanged between S.L. and DiPirro on the date of S.L.'s death.  On March 5, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in S.L's system at that time that contributed to the drug intoxication.

DiPirro was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and detained. 

Sarah Szymanski was previously convicted and is awaiting sentencing.

The indictment is the result of an investigation by the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major James Hall; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

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 Michael Mesko, 50, of Cheektowaga, NY, was charged by criminal complaint with enticement of a minor and production of child sexual abuse. The charges carry a minimum penalty of 15 years in prison and a maximum of life in prison. 

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, the defendant was arrested by the North Tonawanda Police Department on February 4, 2021, after it was discovered that he had been engaging in repeated sexual acts with the 17-year-old Victim. Mesko communicated with the Victim on social media applications, including Snapchat and TextNow, obtained naked images, constituting child pornography, of the Victim, and enticed the Victim into sexual contact. Investigators conducted a search of the Victim’s iPad and discovered conversations between the defendant and the Victim dating back to October 8, 2020.

Mesko will make an initial appearance this afternoon at 3:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.

The complaint is the result of an investigation by the North Tonawanda Police Department, under the direction of Chief Thomas Krantz; 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.

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 Denzel Robinson a/k/a Sparks, 27, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm and ammunition. The charge carries carry a minimum penalty of 10 years in prison, and a $250,000 fine.

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

The 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 June 29, 2021, at 2:00 p.m. before Judge Sinatra.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ruben Bullock, 46, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute 500 grams or more of cocaine and violating federal supervised release. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.

Assistant U.S. Attorney Everardo Rodriguez, who is handling the case, stated that on January 21, 2021, United States Probation Officers, suspecting that the defendant was engaged in criminal activity, conducted various probation searches at residences used by Bullock, including 154 Saranac Street in Rochester. At that location, probation officers recovered plastic bags from a backpack that contained approximately 750 grams of suspected cocaine, as well as two scales, and a bag containing baking soda commonly used to process cocaine. Probation officers also recovered $8,000 in cash and a quantity of marijuana in the residence. When the probation officers arrested Bullock, he had an additional $8,554 in cash on his person. Bullock admitted to officers to having purchased a kilogram of cocaine the day before for $45,000, as well as possessing the marijuana found inside the residence.   

At the time of his arrest, Bullock was on federal supervised release from a previous federal drug conviction for which he was sentenced to serve 210 months in prison by Judge Siragusa. In 2016, President Barack Obama commuted Bullock’s sentence to time served and the defendant was placed on federal supervised release for six years. 

“It is disgraceful that someone, having been  given a second chance at life by having his prior prison sentence commuted by the President of the United States, decided to squander such chance by returning to a life spent poisoning our community with drugs,”  U.S. Attorney Kennedy stated.  “I am particularly grateful to the men and women of the U.S. Probation Office for their outstanding work in realizing that Bullock was selling drugs and acting quickly and professionally to stop further sales.”

The plea is the result of an investigation by the Rochester United States Probation Office,  under the leadership of Timothy C. Englerth, Chief Probation Officer; and the Drug Enforcement Administration, under the leadership of Special Agent-in-Charge Ray Donovan, New York Field Division. 

Sentencing is scheduled for June 8, 2021, before Judge Siragusa. 

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

BUFFALO, N.Y. – United States Attorneys James P. Kennedy, Jr., of the Western District of New York, and Christina E. Nolan, of the District of Vermont, announced today that Lisa Miller, 52, formerly of Virginia, has been returned to the United States from Nicaragua and will be arraigned in the Western District of New York on charges of conspiracy and international parental kidnapping. The charges carry a maximum penalty of five years in prison, and a $250,000 fine.

According to the 2014 indictment, the defendant, in 2009, conspired with co-defendants Philip Zodhiates, Kenneth Miller and Timothy Miller to flee the United States to Nicaragua with her seven-year-old daughter. The defendant fled the country in order to prevent her partner, Janet Jenkins, from visiting her daughter. Both women had parental rights of the child. Miller, who is believed to have been living in Nicaragua with her daughter since 2009, recently surrendered to officials at the U.S. Embassy in Nicaragua. 

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

Lisa Miller will be arraigned today, February 26, 2021, at 1:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.  

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

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jordan Sowersby, 25, of Painted Post, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in January and February 2021, an undercover FBI Agent located the defendant offering child pornography for download on the internet. The agent downloaded child pornography directly from Sowersby, which enabled the FBI to determine his location in Painted Post. On February 26, 2021, the FBI, accompanied by members of the Steuben County Sheriff and the New York State Police, executed a federal search warrant at the defendant’s residence. A preliminary review of multiple digital devices that were seized found hundreds of child pornography images and videos. Sowersby was arrested immediately following the search warrant. 

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Mark W. Pedersen and is being held.  

The complaint 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; the Steuben County Sheriff’s Office, under the direction of Sheriff James L. Allard; and the New York State Police, under the direction of Major Barry Chase.

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

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

ROCHESTER, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Marcella Samuels, 44, of Irondequoit, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

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

The plea is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, the New York State Department of Motor Vehicles, under the direction of Commissioner Mark J.F. Schroeder; and the New York State Police, under the direction of Major Barry Chase.

Sentencing is scheduled for May 14, 2021, before Judge Geraci.

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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 Javonta Hill, 19, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute marijuana, and possession of a firearm in furtherance of drug trafficking activities. The charges carry a minimum penalty of five years in prison, and a maximum penalty of life in prison and a $250,000 fine. 

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the complaint, on February 22, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, together with the Buffalo Police Department, executed a search warrant at the defendant’s Dakota Street residence. Agents and officers knocked and announced their presence, and while waiting for an answer at the door, an individual could be heard running within the second-floor apartment. Agents and officers entered the location and Hill was detained in the kitchen as he was attempting to make a phone call. During the search, 23 bags of suspected marijuana, a gram of suspected cocaine, approximately $12,860 in cash, and a loaded 9mm pistol were recovered. Eleven more bags of suspected marijuana were recovered from the defendant’s vehicle. Between April 26, 2020, and February 14, 2021, the defendant posted numerous videos displaying what appeared to be semi automatic handguns, revolvers, and rifles to his social media accounts. In many of those videos, Hill is depicted displaying the suspected firearms.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

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, 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.

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 Jaron Flagg, 31, of Syracuse, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm and possessing marijuana and cocaine. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that according to the complaint, on January 10, 2021, a New York State Trooper observed the defendant driving 97 miles per hour on the New York State Thruway in Wheatland, NY. The trooper initiated a traffic stop, during which he smelled marijuana and learned that Flagg did not have a valid driver’s license. The defendant was arrested, and a search of his vehicle recovered quantities of cocaine, marijuana, and a loaded 9mm handgun, which had been reported as stolen. Flagg has two prior felony convictions and is legally prohibited from possessing a firearm or ammunition.

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

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 DeVito and the New York State Police under the direction of Major Barry Chase.

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

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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 Giosdeivy Duarte Torresilla, 31, of Miami, Florida, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that in January 2017, the defendant traveled with four co-conspirators from Miami, Florida, to Hamburg, NY. Torresilla then provided his co-conspirators with numerous counterfeit access devices, which consisted of gift cards that the defendant had re-encoded with account numbers for actual credit card or debit card accounts at multiple financial institutions, including banks and credit unions. Torresilla obtained the account numbers unlawfully by “skimming” them from payment terminals at gas station pumps. The co-conspirators used 129 different counterfeit access devices to purchase gift cards at various Walmart stores in Erie, Niagara, and Orleans Counties. After purchasing the legitimate Walmart gift cards, the co-conspirators sent the gift card numbers to a co-conspirator in Miami, Florida. The gift cards were worth $120,689.02.

The plea is the result of an investigation by the United States Secret Service, under the direction of Acting Special Agent-in-Charge Acting Thomas A. Braun.

Sentencing is scheduled for May 6, 2021, at 3:30 p.m. before Judge Geraci.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Fitzgerald, 50, of Rochester, NY, who was convicted of failing to collect and pay over payroll taxes to the Internal Revenue Service, was sentenced to serve one year probation and ordered to pay $122,207.16 in restitution to the IRS by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant was the principal corporate officer of Fitzgerald Coaching Inc., a Western New York real estate listings referral company. Fitzgerald was required to collect and pay over Social Security and Medicare taxes to the Internal Revenue Service on behalf of the company. During the years 2010 through 2017, Fitzgerald Coaching Inc. failed to report wages that were subject to Social Security and Medicare taxes totaling $55,487.65. The employer portion of the Social Security and Medicare taxes not paid to the IRS was $66,720.11. The total due to the IRS for both employee and employer Social Security and Medicare taxes is $122,207.16.

The sentencing 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.

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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 Vernon Schermerhorn III, 51, of Coeymans Hollow, NY, pleaded guilty before U.S. District Judge David G. Larimer to attempted receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in September 2019, the defendant engaged in conversation on a teen chat website with a person he believed to be a 13-year-old girl, who, in fact, was an undercover FBI agent. The chat turned sexual in nature, and during it, defendant proposed that the two have sex and requested naked photographs.

Subsequent investigation determined that the defendant is a registered sex offender, who was convicted in 2003 in New York State Court of disseminating indecent material to a minor via computer for sexual contact. Schermerhorn was sentenced to 10 years’ probation.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the New York State Police, under the direction of Acting Major Barry Chase. 

Sentencing is scheduled for May 19, 2021, at 2:00 pm before Judge Larimer.  

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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 Rashaad Samuel, 31, of Buffalo, NY, with escape. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, in May 2018, the defendant was sentenced to serve 48 months in prison by U.S. District Judge Richard J. Arcara following his conviction on federal drug charges. On June 25, 2020, Samuel was released from the Pollock Federal Correctional Center in Pollock, Louisiana, and transferred to the Volunteers of America – Western New York Residential Reentry Center with a projected release date of October 4, 2020. On September 26, 2020, the defendant escaped from the reentry center.

The defendant was captured by the U.S. Marshals Service on February 22, 2021, following a slow speed chase that ended with Samuel crashing into another vehicle.

The indictment is the result of an investigation by the United States Marshals Service, under the direction of Marshal Charles Salina.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Adam J. Cole, 32, of Fairport, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute MDA, marijuana, and cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.     

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on November 27, 2019, investigators executed a search warrant at the defendant's residence on Pannell Circle in Fairport. During the search, they recovered approximately 58 pounds of marijuana, 322 pills containing MDA, approximately 23 grams of cocaine, drug paraphernalia, approximately $4,300 in United States currency, which represented proceeds from drug trafficking activities. Investigators also recovered two firearms and ammunition. As part of his drug trafficking activities, Cole used his Pannell Circle residence for the purposes of storing, processing, and distributing controlled substances.

In addition, on November 22, 2019, in the Town of Victor, NY, the defendant sold approximately 116 grams of marijuana to another person in exchange for cash. On November 27, 2019, in the area of High Street in Victor, Cole possessed approximately 223 grams of marijuana in his vehicle.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Ontario County Sheriff’s Office, under the direction of Kevin Henderson; and the Canandaigua Police Department, under the direction of Chief Mathew Nielsen.

Sentencing is scheduled for May 18, 2021, at 9:15 a.m. before Judge Siragusa.

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Pamela Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division of the Department of Justice, and James P. Kennedy Jr., U.S. Attorney for the Western District of New York, and Stephen A. Belongia, Special Agent in Charge of the FBI Buffalo Field Office, released the following statement:

“The U.S. Attorney’s Office for the Western District of New York, the Civil Rights Division at the Department of Justice, and the Federal Bureau of Investigation are aware that a grand jury empaneled by the New York State Attorney General’s Office has concluded its investigation of the various officers of the Rochester Police Department who encountered Daniel Prude on March 23, 2020, and determined that no charges would be filed.  We intend to review the comprehensive report issued by the New York State Attorney General, as well as any other relevant materials, and will determine whether any further federal response is warranted.”

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Melanie Thompson, 46, of Cattaraugus, NY, pleaded guilty to distribution of child pornography before U.S. District Judge John L. Sinatra, Jr. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that between January 9, 2017, and March 6, 2020, the defendant took sexually explicit photographs of Victim 1, a minor, in furtherance of her plan to impersonate Victim 1. Thereafter, defendant, while impersonating Victim 1, engaged in conversations of a sexual nature with two minor male victims (Victims 2 and 3) and one adult. During those conversations, defendant: solicited a sexually explicit picture from Victim 2; sent, via social media, the sexually explicit photograph she had taken of Victim 1 to Victim 3, receiving two sexually explicit images in return from Victim 3; and while impersonating Victim 1 and engaging in sexual conversations with an adult male over social media, sent such male the sexually explicit photographs she had taken of Victim 1.

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

Sentencing is scheduled for June 17, 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 Jeffrey A. Joyes, 49, of Buffalo, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.     

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, the defendant used his Kik account to engage in a sexual conversation with a 17-year old minor girl (Victim). During that conversation, Joyes received nude images that constitute child sexual abuse material. The FBI's Child Exploitation Task Force began to investigate on January 22, 2021, after receiving information from an FBI special agent in Augusta, Georgia. The agent had recently interviewed the Victim’s mother, who stated that her daughter met an adult male online and exchanged sexually explicit pictures and videos with him.

A forensic review of the Victim’s phone determined that the defendant communicated with the Victim on the Kik application between January 13-16, 2021. Investigators also recovered multiple photos of the Victim, some of which constitute child pornography. There were also several phone calls made between the defendant and the Victim.

Joyes will make an initial appearance this afternoon at 4:30 p.m. before U.S. Magistrate Judge Michael J. Roemer.

The complaint is the result of an investigation by the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia. Additional assistance was provided by the Augusta, Georgia, Office of the FBI.

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 Sean Barrett, 30, of Sanborn, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to delay or destruction of mail. The charge carries a maximum penalty of one year in prison and a $100,000 fine.     

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

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

Sentencing is scheduled for April 19, 2021, at 2:00 p.m. before Judge McCarthy.

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

Judge Scott devoted his life to the pursuit of justice and recognized that our system of justice depends vitally on the humanity of those working in it.  As a prosecutor and as a jurist, he exuded those human traits which both instill confidence in and breathe life into our system of justice—impartiality, fairness, decency, efficiency, and above all, heart.  Blending wisdom and wit, he had an uncanny ability to connect, in a heartfelt way, with all who appeared before him.  Though he was a trailblazer, serving as the first black Assistant United States Attorney here in this Office and the first black federal judge ever in this District, his greatness was truly defined not by the color of his skin but by the contents of both his remarkable character and his overflowing heart.  I and my entire Office extend our deepest condolences to his wife Trudy, his sons, and the rest of his family.

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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 Dale E. Trimmer, 46, of Spencerport, NY, was arrested and charged by criminal complaint with the attempted production and receipt of child pornography, and attempted transfer of obscene material to a minor. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, beginning in December 2020, the defendant attempted to communicate with minors online using a chat application. During one such chat, Trimmer engaged in a sexually explicit conversation with a person who he believed was a 13-year-old girl, but who was actually an undercover law enforcement officer. The defendant told the girl that he wanted to have sex with her and attempted to solicit sexually explicit photographs. Trimmer also sent the girl a sexually explicit video of himself, as well as photographs of gifts, including stockings, that he bought for her. As the conversations continued, Trimmer discussed meeting the girl for sex, and formulated several plans as to how they could carry on a sexual relationship.

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

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

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 Nathaniel Myers a/k/a Stretch, 26, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Joel L. Violanti, who are handling the case, stated that the defendant has been in custody at the Niagara County Jail pending the resolution of two separate federal indictments. While at the Niagara County Jail, Myers met Individual 1, who was later released from custody at the jail. Beginning in January 2020, investigators learned that the defendant had been in communication with Individual 1, in an effort to obtain large amounts of narcotics for distribution in the Buffalo area. In jail calls, Myers agreed to pay Individual 1 $39,000 for a kilogram of heroin, as well as $3,000 to Individual 2 who would be driving the kilogram of heroin from North Carolina to Buffalo. On January 13, 2020, Individual 2 delivered the kilogram of heroin to Individual 3 for further distribution. After being told by Individual 3 that the narcotics received “mixed reviews,” Myers arranged for another kilogram of heroin to be sent from the Chula Vista, CA, area to a residence on Leonard Street in Buffalo.

In May 2020, Individual 1 discussed with Myers how business had slowed down during the COVID-19 pandemic. Subsequently, Individual 1 sent a quarter kilogram of cocaine to Individual 3 for distribution. On May 16, 2020, the DEA seized another package of suspected cocaine. On May 17 and 18, 2020, Myers discussed the seizure of the package with Individuals 1 and 3 in jail calls. In a follow-up call on May 30, 2020, the defendant and Individual 1 discussed providing another co-conspirator with narcotics. That same day, the DEA seized a package containing 3,000 pills of suspected fentanyl/Percocet. In a jail call on June 1, 2020, the defendant and Individual 1 discussed the lost package.

On June 4, 2020, a package was delivered to Individual 3, who then left his residence carrying a white plastic bag and drove away in his vehicle. Law enforcement officers attempted to conduct a vehicle stop, but Individual 3 sped away and engaged in a high-speed chase, eluding officers for approximately a mile on Route 33. As Individual 3 entered Route 33, he threw a plastic bag from his window. Individual 3 was arrested on state charges. After being released from custody, Individual 3 drove to the area of Route 33 where he discarded the plastic bag, however, the plastic bag was replaced by investigators with a “sham” package of narcotics. On July 14, 2020, Individual 3 was taken into custody on a federal arrest warrant. A search warrant was executed at his residence on East Lovejoy Street in Buffalo and on his car. Investigators recovered suspected cocaine, a scale, mixing bowl, bottles of cutting agents, gloves, plastic bags for packaging, and a hydraulic press.

Myers previously pleaded guilty to federal charges of conspiring to possess with intent to distribute, and distributing, controlled substances and 280 grams or more of crack cocaine, which carry a maximum penalty of life in prison.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing is scheduled for May 20, 2021, before Judge Geraci.

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A New York man was charged in a criminal complaint unsealed today for his alleged participation in a scheme to defraud multiple financial institutions by filing bank loan applications that fraudulently sought forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy for the Western District of New York, Special Agent in Charge Patricia Tarasca of the Federal Deposit Insurance Corporation – Office of Inspector General (FDIC-OIG), Special Agent in Charge William Kalb of the U.S. Treasury Inspector General for Tax Administration’s Office of Inspector General’s (TIGTA-OIG’s) North East Field Office, Special Agent in Charge Stephen Belongia of the FBI’s Buffalo Field Office, and Special Agent in Charge Amaleka McCall-Brathwaite of the SBA's Office of Inspector General (SBA-OIG), Eastern Region made the announcement.

Christian Johnson, 23, of Buffalo, was charged by criminal complaint filed in the Western District of New York with wire fraud, bank fraud, and false statements to a financial institution.  

The complaint alleges that Johnson submitted multiple fraudulent PPP loan applications on behalf of a company called Million Man LLC (Million Man) to at least three financial institutions. The complaint alleges that these applications contained numerous false and misleading statements about Million Man’s business and operations, including the number of employees and average monthly payroll. The complaint further alleges that in support of the fraudulent loan applications, Johnson submitted falsified federal tax documents payroll records.

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. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding, and in December 2020, Congress authorized another $284 billion in additional funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses 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.

A federal criminal complaint is merely an allegation. A defendant is presumed innocent until proven guilty.

This case was investigated by the FDIC-OIG, TIGTA-OIG, FBI, and SBA-OIG. Trial Attorneys Joshua N. DeBold and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David J. Rudroff of the U.S. Attorney’s Office of the Western District of New York are prosecuting the case. 

The Fraud Section leads the department’s prosecution of fraud schemes that exploit the PPP. In the nine months since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $60 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at:  https://www.justice.gov/criminal-fraud/ppp-fraud.

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.

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

BUFFALO, N.Y. – A Buffalo, New York man was charged in a criminal complaint unsealed today for his alleged participation in a scheme to defraud multiple financial institutions by filing bank loan applications that fraudulently sought forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy, Jr. for the Western District of New York, Special Agent in Charge Patricia Tarasca of the Federal Deposit Insurance Corporation – Office of Inspector General (FDIC-OIG), Special Agent in Charge William Kalb of the U.S. Treasury Inspector General for Tax Administration’s Office of Inspector General’s (TIGTA-OIG’s) North East Field Office, Special Agent in Charge Stephen Belongia of the FBI’s Buffalo Field Office, and Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration’s Office of Inspector General (SBA-OIG), Eastern Region made the announcement.

Christian Johnson, 23, of Buffalo, was charged by criminal complaint with wire fraud, bank fraud, and false statements to a financial institution. 

The complaint alleges that Johnson submitted multiple fraudulent PPP loan applications on behalf of a company called Million Man LLC (Million Man) to at least three financial institutions. The complaint alleges that these applications contained numerous false and misleading statements about Million Man’s business and operations, including the number of employees and average monthly payroll. The complaint further alleges that in support of the fraudulent loan applications, Johnson submitted falsified federal tax documents payroll records.

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. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding, and in December 2020, Congress authorized another $284 billion in additional funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses 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.

A federal criminal complaint is merely an allegation. A defendant is presumed innocent until proven guilty.

This case was investigated by the FDIC-OIG, TIGTA-OIG, FBI, and SBA-OIG. Trial Attorneys Joshua N. DeBold and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David J. Rudroff of the U.S. Attorney’s Office of the Western District of New York are prosecuting the case. 

The Fraud Section leads the Department’s prosecution of fraud schemes that exploit the PPP. In the nine months since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $60 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at:  https://www.justice.gov/criminal-fraud/ppp-fraud.

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.

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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 Richard Dzionara-Norsen, 29, of Brighton, NY, who was convicted by a federal jury of possession, receipt, and distribution of child pornography, was sentenced to serve 72 months in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Kyle P. Rossi and Meghan K. McGuire, who handled the case, stated that the defendant was apprehended by members of the FBI Child Exploitation Task Force after sharing a child pornography video with an undercover investigator over a peer to peer file sharing network. Subsequent investigation determined that Dzionara-Norsen had been receiving and distributing child pornography for a number of years. The images of child pornography depicted children as young as infants and also included depictions of violence against children.  

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Shola Yusuf Adediji a/k/a Michael Kopeck, 37, of Los Angeles, CA, with conspiracy to commit wire fraud, and wire fraud. The charges carry a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the indictment, between May and August 2019, the defendant conspired with others to defraud two electronics businesses (Business 1 and Business 2), one in Amherst, NY, and one in Fort Meyers, Florida, to obtain high-end electronic merchandise. Adediji and others posed as potential customers of the businesses and submitted fraudulent purchase orders. During the course of the scheme, Business 1 and Business 2 shipped merchandise to Adediji and others at various locations in the United States. The defendant used the fictitious name “Michael Kopeck” to rent a storage unit for the fraudulently obtained merchandise, which included 10 televisions 82-inch televisions.

The defendant will be arraigned today at 1:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Johnson, 33, of West Seneca, NY, was arrested and charged by complaint with possession of child pornography and destruction of evidence. The charges carry a maximum penalty of 40 years in prison and a $250,000 fine. 

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, in September 2019, investigators discovered an IP address, traced to the defendant, requesting suspected child pornography files on a peer to peer sharing network. On December 2, 2019, the FBI obtained a search warrant for Johnson’s Angle Road residence. As investigators entered the residence, they heard loud noises coming from the second floor. They encountered the defendant standing in his bedroom with a laptop computer in his hands, smashing it against the wall trying to damage it. The laptop, which sustained serious damage, was sent to the FBI's Digital Forensics Analysis Unit Laboratory for repair. Approximately 80% of the data, which included numerous images and videos of child pornography, was recovered.

The defendant will make an initial appearance at 12:00 p.m. today before U.S. Magistrate Judge Michael J. Roemer.

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

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

# # # #

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Brian Thomas, 59 of Elmira, NY, who was convicted of possession of child pornography, was sentenced to serve 14 years in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. to possessing child pornography.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on March 29, 2020, the defendant distributed, to an undercover FBI Task Force Officer, child pornography depicting the sexual abuse of several prepubescent children. Using IP information, the FBI located Thomas and executed a search warrant at his residence. Digital storage devices, including a computer and thumb drive, were seized. A forensic examination determined that Thomas received and possessed child pornography on both devices. 

The defendant is a registered sex offender following previous New York State convictions for child sexual abuse and child exploitation crimes. When interviewed by the FBI, Thomas admitted that during the 1980’s and 1990’s, he sexually abused approximately nine children between the ages of 4 and 10. 

The sentencing is the result of an investigation by the Corning Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, with assistance from the Elmira Police Department, under the direction of Chief Joseph Kane.

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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 Bryheem Edwards a/k/a  Philly a/k/a  Leroy, 30, of Buffalo, NY, who was convicted of narcotics conspiracy, was sentenced to serve 37 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between May 2018 and January 2019, the defendant conspired with co¬defendants, Otis L. Lyons a/k/a Cracks a/k/a “C” and Dalvin Brant a/k/a Turtle, to sell  heroin, cocaine  and  fentanyl. On May 17, 2018, the Niagara County Drug Task Force conducted a controlled purchase of crack cocaine from co-defendant Otis Lyons. On May 31, 2018, the task force conducted another controlled purchase of crack cocaine, this time from the defendant. Edwards was arrested on October 23, 2018, after investigators observed him meeting with co-defendant Brant. At the time of arrest, investigators recovered a quantity of fentanyl.

Defendants Lyons and Brant were previously convicted and sentenced to time served and 15 months in prison, respectively. 

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Drug Task Force, under the direction of Sheriff Michael J. Filicetti.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Harold Alexis Ortiz Cosme, 22, of Puerto Rico, and Luis G. Candelario, 26, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that on February 7, 2020, a federal search warrant was executed on a suspicious parcel in Puerto Rico addressed to “Harold Ortiz.” The package contained approximately one kilogram of cocaine, which was replaced with sham and sent on to its destination. On February 12, 2020, a controlled delivery of the package was conducted at a residence on Grant Street in Buffalo, which was rented by defendant Candelario in furtherance of the conspiracy. Candelario received the package, then got into a vehicle and took the package to defendant Cosme, who placed it in the trunk of his vehicle. Investigators conducted a traffic stop of both vehicles and recovered the parcel. A search of the Grant Street residence found the apartment devoid of any furniture, except for a chair located at a window with a clear view of the street and mailbox, indicating that the sole purpose of the apartment was to possess narcotics in furtherance of the conspiracy. The defendants were subsequently arrested.

The pleas are the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

Defendants Cosme and Candelario will be sentenced on June 7 and June 9, 2021, respectively, both before Judge Sinatra.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James S. Marshall, 68, of Farmington, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to negligent endangerment under the Clean Air Act. The charge carries a maximum penalty of one year in prison and a $125,000 fine. 

“The very essence of the Clean Air Act is to protect people from dangerous, and potentially deadly, hazardous air pollutants,” stated U.S. Attorney Kennedy. “As maintenance supervisor for the property owner where work was being done, the defendant had an obligation to look out for the safety of the hired contractors. Unfortunately, his failure to do what he should have, put their health at risk.”  

“Defendant Marshall’s negligence was not without consequence,” said Tyler Amon, Special Agent-in-Charge of the EPA's Criminal Investigation Division in New York. “Following his failure to properly identify regulated asbestos containing material, he continued to place workers at risk of being exposed to asbestos.”

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was a Maintenance Supervisor with the Finger Lakes Office for People with Developmental Disabilities (OPWDD), Developmental Disabilities Services Office. As part of his duties, Marshall was involved in the cleanout of the Hillcrest Building, a building owned by OPWDD and located on E. Maple Avenue in Newark, NY. In November 2014, the OPWDD solicited public bids for the cleanout of the Hillcrest building, and in December 2014, a third-party contractor was awarded the contract. The defendant was not involved in the awarding of the bid, nor was Marshall involved with the approval of contract documents.

In April 2015, during the cleanout of the Hillcrest Building, asbestos was released into the ambient air, which negligently placed other individuals in imminent danger of death or serious bodily injury. On April 9, 2015, the defendant responded to the Hillcrest Building and told the workers that a licensed third-party testing company had conducted the sampling at the Hillcrest Building and that such sampling yielded negative results for asbestos. However, based on Marshall’s prior experience with the Hillcrest building, and other buildings on the Newark campus, he should have been aware of the possibility of asbestos-containing material throughout the Hillcrest building. Following the defendant’s conversation with the workers, some of the workers chose to continue to work in the building on April 9 and 10, 2015, and during such work, asbestos was released into the ambient air. Marshall failed to take any further measures to protect the health of the work crew.

The plea is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon. Additional assistance was also provided by the New York State Department of Labor, Asbestos Control Bureau.

Sentencing is scheduled for May 10, 2021, 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 Henry Williams, 55, of Rochester, NY, who was convicted of wire fraud, was sentenced to serve 55 months in prison by U.S. District Chief Judge Frank P. Geraci, Jr. He was also sentenced to serve 12 months in prison for violating the terms of supervised release imposed in connection with an earlier conviction for fraud, and pay restitution totaling $5,649.98.

Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant was on supervised release following a 2016 conviction for bank fraud in the Western District of New York, when he began working at the front desk of the Holiday Inn Rochester Downtown. In January 2020, Williams began using the hotel’s point of sale machine fraudulently to load and attempt to load hundreds of thousands of dollars onto credit/debit cards that he controlled. The defendant impersonated various hotel managers while making phone calls to the hotel’s card payment processor in furtherance of his scheme. Williams also attempted to cover his tracks and conceal his involvement in the fraud by impersonating a hotel employee and making false complaints of criminal activity by another hotel employee. 

The defendant successfully stole approximately $4,871.58 in fraudulent funds. He also attempted over a period of time to obtain more than $840,000 in additional fraudulent funds.

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

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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 Scott Bullers, 62, and Pearl Susan Mibbs, 54, both of Warsaw, NY, were arrested and charged by criminal complaint with conspiring and attempting to possess with intent to distribute 50 grams or more of methamphetamine. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that according to the complaint, on January 30, 2021, U.S. Postal Inspectors were alerted to a suspect parcel sent from Azusa, CA and addressed to defendant Bullers on Gouinlock Street in Warsaw. On February 2, 2021, a search warrant was executed on the package which contained approximately 85 grams of suspected crystal methamphetamine.

On February 1, 2021, defendant Mibbs filed an online customer complaint with the Postal Service for the delayed delivery of the subject parcel. The following day, an undercover investigator sent an email to Mibbs stating that the subject parcel was located in Rochester, NY, and would be available for pickup at the Warsaw Post Office. On February 3, at approximately 4:19 p.m., the defendants arrived at a gas station across the street from the Warsaw Post Office. While defendant Bullers went into the minimart, defendant Mibbs walked across the street to the post office. A few minutes later, Mibbs picked up the subject parcel, which was replaced with sham material, at the customer service counter and walked out of the Post Office. As Mibbs was taken into custody by investigators, Bullers, who was waiting across the street, attempted to drive away. He too was apprehended and taken into custody. Later that night, a search warrant was executed at the defendants’ residence in Warsaw. Investigators recovered several glass pipes, several tins containing small pieces of suspected crystal methamphetamine, and a digital scale. Investigators also found handwritten notes, including what appeared to be cryptocurrency passphrases.

The defendants made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and are being held pending detention hearings on February 8, 2021.

The complaint is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin; the New York State Police, under the direction of Major James Hall; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Warsaw Police Department, under the direction of Chief Peter Hoffmeister. Additional assistance was provided by the New York National Guard Counter Drug Task Force.

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, NY – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Larry Jordan, 42, of Lancaster, NY, and Sutukh El a/k/a Curtis Jordan a/k/a Hugo Hurt, 38, of Buffalo, NY, with wire and bank fraud conspiracy, bank fraud, and engaging in monetary transactions with criminally derived property, for their alleged participation in a scheme to file fraudulent loan applications seeking nearly $7,000,000 in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

“These brothers allegedly stole more than $600,000 which was intended to assist businesses and employees that have been crippled by the pandemic,” noted U.S. Attorney Kennedy. “Their greed in the face of a national crisis has rightly landed them in federal court under indictment. We will investigate and charge anyone who seeks to use emergency federal aid as a way to try to get rich quick.”

The indictment and a previously filed complaint allege that Larry Jordan and Sutukh El conspired to submit at least eight fraudulent loan applications in an attempt to obtain nearly $7,000,000 for their company, 5 Stems Inc. In support of the fraudulent loan applications, Larry Jordan and Sutukh El allegedly made numerous false and misleading statements about the companies’ respective business operations and payroll expenses. In furtherance of their efforts, defendants communicated over text message about some of the fraudulent loan applications. After receiving confirmation that a loan application had been approved, defendant Sutukh El sent texts to Jordan stating: “We really bout to take over the world,” and “Wow, we like Fake Rich.” Jordan replied: “We don’t even have to start paying back for 2 years,” and “Or just show what they ask us to show.” Another text from Sutukh El stated: “We’ll be in the billions by then anyway,” and “But definitely show what needs to be shown and write that (expletive) off!”  The indictment and complaint allege that the fraudulent loan applications were supported by fake documents, including falsified federal tax filings. For example, included in one application was a fraudulent IRS filing that appeared to be the company’s 2019 federal unemployment tax return (FUTA) showing that the company paid nearly $3,300,000 in employee wages that year. In reality, the IRS has no record of such a filing. Finally, the brothers are accused of using fraudulently obtained loan proceeds to pay personal expenses, including the purchase of securities, home improvements, and a vehicle. To date, the government has seized more than $400,000 of the more than $600,000 that Larry Jordan and Sutukh El actually obtained through their fraudulent scheme. 

The defendants were arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and released on conditions.

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.

This case was investigated by the Federal Deposit Insurance Corporation’s Office of Inspector General, under the direction of Inspector General Jay N. Lerner, and Special Agent-in-Charge Patricia Tarasca, New York Region; the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s Office of the Inspector General, under the direction of Inspector General Mark Bialek, and Acting Special Agent-in-Charge Stephen Donnelly, Eastern Region; the Federal Housing Finance Agency’s Office of the Inspector General, under the direction of Inspector General Laura S. Wertheimer, and Special Agent-in-Charge Robert Manchak, Northeast Region; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia; and the Small Business Administration’s Office of Inspector General, under the direction of Special Agent-in-Charge Amaleka McCall-Brathwaite, Eastern Region. Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Kruly and Grace Carducci for the Western District of New York are prosecuting the case.

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 fact that a defendant has been charged with a crime is merely an accusation and a 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 Andrew Vallone, 44, of Tonawanda, NY, was arrested and charged by criminal complaint with attempting to produce child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine. 

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the criminal complaint, an individual contacted the Town of Tonawanda Police Department after discovering a video depicting a child (Victim) wearing only a pair of underwear on a desktop computer belonging to the defendant. On January 23, 2021, the Tonawanda Police contacted the FBI and further investigation determined that Vallone had secreted a camera in a location which allowed him surreptitiously to film the Victim. The MicroSD card recovered from that hidden camera contained numerous images which depicted the Victim in various states of undress. Additionally, on January 29, 2021, the New York State Police contacted investigators regarding an email that Vallone sent to a mental health counselor. In the email, the defendant stated that he liked to look at younger girls and “I need help.”

The defendant will make an initial appearance before U.S. Magistrate Judge Michael J. Roemer at 2:00 p.m. this afternoon.

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 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.

# # # #

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

BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Kaylen Edwards, 22, of Buffalo, NY, was arrested and charged by complaint with being a felon in possession of a firearm. The charge carries carry a maximum penalty of 10 years in prison, and a $250,000 fine.

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

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

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on February 10, 2021.

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

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

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

ROCHESTER, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Peter R. Kiwitt, 62, of Rochester, NY, with sex trafficking of a minor, sex trafficking by coercion, sexual enticement of a minor, and possession of child pornography.  The superseding indictment also alleges that the defendant, as a registered sex offender, faces enhanced penalties in the event he is convicted of certain of the crimes with which he is charged. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, on December 10, 2018, the Monroe County Sheriff’s Office stopped a vehicle being driven by defendant. Also in the vehicle were two females, Adult Victim 1 (AV1) and Minor Victim 1 (MV1). The three were questioned regarding drug related activity but were released and eventually followed to a room at a motel in Penfield, NY. Officers went to the room and knocked on the door. Kiwitt indicated that he was dating AV1 but knew her to be a prostitute who belonged to another pimp known to law enforcement.  He denied any involvement in prostitution at that time. Officers did not make any arrests at the time.

On January 23, 2019, Rochester Police Department officers responded to a residence in the City of Rochester for the report of a fatal overdose involving MV1. The owner of the apartment found MV1 deceased on his living room floor and called 911. He told officers he met MV1 through AV1, and that the night before, he brought MV1 back to his residence to engage in commercial sex acts with her.

Subsequent cell phone and Facebook searches uncovered conversations between the defendant, AV1, and MV1 regarding prostitution activities. Investigators also uncovered naked photos, some of which depicted child pornography.

In June 2017, Kiwitt was convicted in Monroe County, NY, of Possession of a Sexual Performance by a Child, and sentenced to serve 10 years’ probation, and designated as a Level 1 Sex Offender.

The defendant was arraigned before U.S. Magistrate Judge Mark W. Pedersen and was detained.

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

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Martin Hogan, 52, of Montreal, Quebec, CA, with conspiracy to commit wire and mail fraud, wire fraud, mail fraud, and international money laundering conspiracy. The charges carry a maximum of 30 years in prison, and a $250,000 fine. 

“We will not allow anyone, including foreign actors, illegally enrich themselves by preying on our elderly,” stated U.S. Attorney Kennedy.  “Criminals who defraud and threaten U.S. citizens by phone will not escape justice by placing their calls from outside our country.  As this case shows, we will find you, and we will bring you to justice.”

IRS-Criminal Investigation Special Agent in Charge Jonathan D. Larsen said, “Telemarketing schemes that attempt to take advantage of the elderly as evidenced in the indictment of Mr. Hogan are among the most reprehensible, and IRS Criminal Investigation remains committed to using the resources of our agents and financial expertise to bring these criminals to justice along with our law enforcement partners.”

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between September 2015 and March 2020, the defendant conspired with multiple co-defendants to defraud elderly victims using a fraudulent telemarketing scheme.  

According to the indictment, Hogan would place telephone calls from Canada to victims in the United States and tell victims that they had won the Canadian lottery. However, before collecting their winnings, victims had to first pay the taxes, brokerage fee, and/or custom fees due in connection with the winnings. Victims were instructed by the defendant and others to pay these taxes, brokerage fees, and/or custom fees by wire transferring funds to a bank account in Rochester, NY, controlled by co-defendant Bernard Perkins, or by mailing funds to Perkins or addresses in the United States controlled by co-defendants Anthony Laughing, Jr., Cory LaPlant and others.

After receiving funds from victims, defendants Bernard Perkins, Anthony Laughing, Jr., and  Cory LaPlant would keep a small portion of the funds and then pay co-defendants Devlin Laughing and Brenda Garrow to smuggle the remaining funds from the United States to the defendant Hogan in Canada.

As a result of this fraudulent telemarketing scheme, defendant Hogan and his co-defendants caused approximately 37 victims over the age of 55 to mail approximately 200 packages and wire transfer funds totaling approximately $2 million.

The defendant was extradited from Jamaica to the United States and was arraigned this morning before U.S. Magistrate Judge Mark W. Pedersen. Hogan is being held pending a detention hearing on March 1, 2021, at 10:00 a.m.

Defendants Bernard Perkins, Anthony Laughing, Jr., Devlin Laughing, and Cory LaPlant, were previously convicted and are awaiting sentencing. Defendant Brenda Garrow was previously convicted and sentenced to three years probation.

The indictment is the result of an investigation by Homeland Security Investigations, Border Enforcement Security Task Force, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office. The Justice Department’s Office of International Affairs provided substantial assistance in securing the defendant’s extradition from Jamaica.

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 Derrick A. Miller, 34, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, on August 20, 2020, the Buffalo Police Department and ATF executed a state search warrant at the defendant’s Deerfield Avenue residence. During the search, investigators recovered .22 caliber pistol loaded with 10 rounds of ammunition. In March 2008, Miller was convicted in Erie County Court of Criminal Possession of a Weapon and was sentenced to serve 42 months in prison. As a result, the defendant is legally prohibited from possessing a firearm.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing.

The complaint 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.

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 James Tracy, 50, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to receipt of child pornography by a person having a prior conviction for aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that between June 13 and August 18, 2018, the defendant received three images and 10 videos of a 15-year-old minor victim. Tracy solicited the minor victim, a relative, to produce some of the images via Facebook. In December 2018, the defendant told Homeland Security Investigation Special Agents that several years prior he had engaged in oral sexual contact with the 15-year-old-minor victim on at least three occasions.

Investigators conducted a forensic review of Tracy’s electronics and discovered 51 images of child pornography on Tracy’s LG cellular telephone. Some of the images included depictions of violence.

In February 1995, the defendant was convicted of Sexual Abuse in the First Degree, and in March 2001, he was convicted of Attempted Sexual Abuse in the First Degree. Both victims were under the age of 18.

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

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 Dr. Gautam Arora, 44, formerly of Buffalo, NY, pleaded guilty before U.S. District Lawrence J. Vilardo to unlawfully acquiring controlled prescriptions by misrepresentation and fraud, and scheming to defraud a health care benefit program. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between April 2013, and May 2017, the defendant, while working as the pain management doctor at the Hens Pain Center in Amherst, NY,  prescribed opioids to multiple patients outside the usual course of professional practice and without a legitimate medical purpose. These opioids included hydrocodone, oxycodone, dextroamphetamine-amphetamine, and carisoprodol. Arora wrote approximately 61 prescriptions for controlled substances to individuals who were either not his patients, or without first conducting a proper examination, verifying their medical condition, and assessing the risk of abuse by the individual patient.

In addition, between January 1 and March 31, 2016, the defendant fraudulently billed Medicare for patient office visits totaling $92,209.50. Arora requested and received payment for medical services he did not perform or did not perform to the extent represented.

The plea is the result of an investigation by the Drug Enforcement Agency, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for June 18, 2021, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Stuart, 32, of Cheektowaga, NY, was arrested and charged by complaint with receipt and possession of child pornography, possession of a firearm by an unlawful user of a controlled substance, manufacturing of marijuana plants, and maintaining drug-involved premises. The charges carry a maximum penalty of 20 years in prison and a $500,000 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 October 19, 2020, members of the FBI Buffalo Child Exploitation Task Force, and the Cheektowaga Police Department executed a search warrant at a residence on Cleveland Drive in Cheektowaga, looking for evidence of the possession of child pornography. During the search, investigators seized two laptop computers, a cellphone, two hard drives, and a desktop computer tower from the residence. During the search, investigators also discovered a bedroom that was transformed into a marijuana growing operation. The room consisted of a tent housing approximately five mature marijuana plants, and four smaller plants, being grown hydroponically. Approximately one pound of dried marijuana ready for use, approximately six pounds of wet marijuana, and a quantity of psilocybin mushrooms were also seized. Three firearms, including one loaded with nine rounds of ammunition, were also found in the residence.

A preliminary examination of the cellphone recovered three videos of child pornography.

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

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Rebecca Wilson, 31, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to two counts of production of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between June and August 2018, the defendant engaged in an ongoing pattern of sexual abuse, subjecting an eight-year-old to multiple instances of sexual acts, while producing multiple videos and images of those sexual acts. Between January and April 2020, Wilson engaged in another ongoing pattern of sexual abuse, subjecting a five-year-old to multiple instances of sexual acts, during which the defendant once again produced video and images.

Wilson made these videos and images at the request of James Oliver Young and transferred them to him via Facebook messenger. Charges remain pending against Young. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, and Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for June 14, 2021, at 3:00 p.m. before Chief Judge Geraci.

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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 Michael F. Hanley, 49, of Clearwater, Florida, who was convicted of threatening a federal employee, was sentenced to serve three years probation, to include six months home detention, by U.S. Magistrate Judge Michael J. Roemer.

Assistant U.S. Attorney Douglas A. Penrose, who handled the case, stated that the defendant was formerly employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner. During his tenure at the VA, Hanley became acquainted with another VA employee (Victim), and the two had a history of contentious interactions. The defendant left a series of similar voicemails on the Victim’s phone between October 2018 and November 2019, in which he threatened to kill the Victim and the Victim’s family.

The sentencing is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri.

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