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 Lorenzo Watson, 29, of Rochester, NY, who was convicted of possessing with intent to distribute cocaine, and possession of a firearm and ammunition by a felon, was sentenced to serve 67 months in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the Watson was arrested on September 26, 2019, after New York State Parole Officers went to his residence on Bauman Street in Rochester for a compliance check. Officers did not locate Watson at the residence; rather, they saw him walking on Bauman Street with his hands in his sweatshirt pockets. The officers approached Watson and searched him and found a pill bottle, which contained 40 small bags of a substance later identified as cocaine, and a handgun, in one of the sweatshirt pockets. The handgun, which had a defaced serial number, was loaded with eight rounds of ammunition. Officers also found $507.00 in United States currency in Watson’s pants pocket.

Watson was previously been convicted in Monroe County Court of felony drug and weapon possession crimes, and as a result of those convictions, he was legally prohibited from possessing a firearm.   

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

The sentencing is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jade Hooks, 22, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute fentanyl and crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the complaint, on January 19, 2021, a Cattaraugus County Sheriff’s deputy observed a vehicle in the driveway of a residence on Erie Street in the Town of Little Valley that was known as a location used to distribute illicit narcotics. The deputy initiated surveillance of the vehicle and noticed that it was running and occupied. The deputy continued to surveil the vehicle after it left the Erie Street residence and traveled to a residence on Jefferson Street, which is also a known location utilized for the distribution of illicit narcotics. The deputy observed a female, later identified as the defendant, exit the vehicle carrying a black backpack-style bag. After getting out of the vehicle, Hooks walked to the trunk area and placed the bag into the trunk, and then re-entered the vehicle and left the residence. The deputy continued to surveil the vehicle and a short time later conducted a traffic stop of the vehicle, during which members of the Southern Tier Regional Drug Task Force arrived at the scene. An investigator noticed the odor of marijuana emanating from the vehicle. Hooks and two passengers were then removed from the vehicle and the vehicle was searched. Investigators recovered a digital scale containing suspected drug residue, approximately 40 grams of suspected crack cocaine, a large quantity of United States currency, and approximately 206 grams of suspected fentanyl, which was located in the black backpack in the trunk.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on January 27, 2021.

The complaint is the result of an investigation by the Cattaraugus County Sheriff’s Office and the Southern Tier Regional Drug Task Force, under the direction of Sheriff Timothy Whitcomb, 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 Ingvue Buchanan, 57, Jamestown, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced, by Chief U.S. District Judge Frank P. Geraci, Jr., to serve 36 months in prison.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that in June 2016, law enforcement officers interviewed the defendant regarding his knowledge of 97 firearms that had been stolen, between May and June of 2016, from three federal firearms licensees in Pennsylvania. During the interview, Buchanan consented to a search of his vehicle, which he stated he had recently purchased from an individual by the name of Ben McCormack. During the search, officers recovered of a box containing 20 rounds of .44 caliber ammunition. The defendant was on New York State parole at the time following a manslaughter conviction in January 2011, and as a result of that conviction, he was prohibited from possessing any ammunition.

The following day, Buchanan was interviewed by his parole officer and stated that he had two firearms in his residence. The parole officer located one of the firearms, a rifle, but could not locate the other, a handgun. Subsequent investigation determined that the rifle was previously reported stolen from GNR Sporting Goods, in Mansfield, Pennsylvania. The defendant also told the parole officer that he helped facilitate meetings between Ben McCormack and individuals located in the Western District of New York for the purposes of selling stolen firearms from Pennsylvania. In addition, he admitted that 15 of the stolen firearms that were intended for distribution at a future date were hidden in the garage of a person known to the defendant.

Ben McCormack was previously convicted in the Middle District of Pennsylvania and sentenced to serve 121 months in prison.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Singletary a/k/a Freeze, 38, of Buffalo, NY, who was convicted of obstructing an official proceeding, was sentenced to serve 62 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Justin G. Bish, Charles J. Volkert, Jr., Meghan A. Tokash, and Nicholas T. Cooper, who handled the case, stated that in January 2010, the defendant informed his New York State parole officer that he had information concerning the murder of Jabril Harper, which occurred on December 16, 2009, and the robbery of Morris Singer, which occurred on January 4, 2010.

On January 11, 2010, Singletary provided a signed, sworn statement to the Buffalo Police Department. In his statement, defendant said that Rodshaun Black came to his house on December 23, 2009, and told him that he and Ernest Green had robbed and killed Jabril Harper in Roosevelt Park. Singletary also told the detectives that Black admitted that Harper’s murder was part of a $10,000 contract killing. The defendant shared these details once again on December 6, 2011, while testifying before a federal grand jury.

On October 25, 2017, representatives of the United States Attorney’s Office and the FBI met with Singletary to prepare Singletary for testimony in the trial of Rodshaun Green and Ernest Black. Singletary expressed reluctance to testify and did not want to read his prior 2010 Buffalo Police statement or his 2011 grand jury testimony, so and Assistant U.S. Attorney read it to Singletary who agreed that both his prior statement and grand jury testimony were true and accurate.

On November 29, 2017, representatives of the United States Attorney’s Office and the FBI again met with the defendant prior to his trial testimony scheduled for that day. Singletary again expressed reluctance to testify, but agreed to do so. The defendant told the government representatives that he had a problem testifying in front of Rodshaun Black’s mother because he had known her for a long time. Singletary then again refused to review both his 2011 grand jury and his 2010 statement to the Buffalo Police but stated that he was not worried because everything he had said previously was true.

On November 29, 2017, the prosecution called Singletary as a witness in United States v. Rodshaun Black and Ernest Green, et al., an official criminal trial proceeding in United States District Court for the Western District of New York. The defendant was sworn and then testified falsely and evasively. Specifically, Singletary: denied ever speaking to Rodshaun Black about the Jabril Harper murder; denied knowing Rodshaun Black’s mother; denied discussing his relationship with Rodshaun Black’s mother with an FBI agent and an AUSA earlier that day in preparation for his trial testimony; denied that he learned about Jabril Harper’s murder directly from Rodshaun Black; and testified that his prior statement to the Buffalo Police Department consisted of information he was told to say by the detectives who interviewed him.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Clark, 34, of Bath, NY, was arrested and charged by criminal complaint with receiving and distributing child pornography. The charge carries a minimum penalty of five years imprisonment a maximum of 20 years, and a fine up to $250,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, in September 2020, an undercover law enforcement officer in Rochester, NY, received video files of suspected child pornography, including a file named “6Yo Babyj - Bedtime Rape.” In November 2020, undercover law enforcement officers in Rochester, Buffalo, North Dakota, and Texas, also received video files of suspected child pornography. Subsequent investigation traced the files to the defendant’s residence in Bath, NY. A search warrant was executed at the residence on January 13, 2021, during which investigators seized multiple digital devices, including Clark’s cell phone.

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

The criminal complaint is the result of an investigation by Special Agents of the Federal Bureau of Investigation, acting 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 Ronnie Charleston, 37, Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to possessing with intent to distribute cocaine, and being a felon in possession of ammunition. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorneys Laura A. Higgins and Richard Antoine, who are handling the case, stated that on six separate occasions between December 2019 and January 2020, the defendant purchased approximately 49 grams of cocaine from co-defendant Saan Thompson. On August 5, 2020, investigators executed a search warrant at Charleston’s Lisbon Avenue residence and seized approximately 1,500 rounds of assorted ammunition, three firearm magazines, $5,000 U.S. currency, approximately 12 grams of cocaine, and three digital scales. In 2006, the defendant was convicted in state court of Criminal Possession of a Loaded Firearm – Third Degree and is legally prohibited from possessing ammunition.

Saan Thompson was previously convicted and is awaiting sentencing. 

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.   

Sentencing will be scheduled at a later date.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Karen Owens, 55, of Phelps, NY, who was convicted of wire fraud, was sentenced to serve 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. Owens was also ordered to pay $607,672.71 in restitution.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. As such, Owens had authority to write and issue checks from FLC's bank account in order to pay legitimate business expenses to FLC's vendors and creditors. The defendant also had an obligation to record the details of each check she wrote and issued on behalf of FLC timely and accurately - including check date, check number, and payee - in FLC's QuickBooks accounting records.

Between June 2, 2011, and August 24, 2017, the defendant wrote and issued approximately 394 checks payable to herself from FLC's account. Owens deposited the checks into an account which she owned and over which she had control. In addition, between August 30, 2010, and August 24, 2017, the defendant wrote and issued approximately 162 checks payable to J.P. Morgan Chase Bank from FLC's bank account as payments on Chase Bank credit card accounts belonging to the defendant and her husband. In order to conceal some of the fraudulent and unauthorized checks, Owens failed accurately to record the checks in FLC's QuickBooks accounting record; instead, she falsely recorded the checks as payment for legitimate business expenses.

Owens wrote checks totaling more than $750,000.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julian Beavers a/k/a Ock a/k/a Marcel Ceasar a/k/a BJ, 34, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possessing with intent to distribute and distributing heroin and furanyl fentanyl. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.  

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that an investigation by the Drug Enforcement Administration and the Cheektowaga Police Department determined that the defendant was a heroin and fentanyl distributor with a large customer base in the Buffalo area. On November 21, 2017, Beavers sold 20 wax envelopes containing suspected heroin to an undercover law enforcement officer. Subsequent testing determined that the envelopes contained heroin and furanyl fentanyl. On November 28, 2017, Beavers again sold 20 envelopes to an undercover law enforcement officer. Laboratory analysis confirmed the substance contained fentanyl.

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, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.

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 Jair Abraham Gil Valdez, 29, Tuscon, Arizona, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute and distributing cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.    

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between June and August 8, 2019, the defendant conspired with Ruben Moran Bustamante, Guillermo Garcia, and others, to sell cocaine. On August 7, 2019, Valdez traveled to Rochester, NY, and met Bustamante and Garcia at a hotel.  The defendant had with him cocaine intended for distribution. The next day, on August 8, 2019, Bustamante and Garcia obtained five kilograms of cocaine from Valdez. The cocaine was seized from Bustamante’s vehicle after he was pulled over driving to Buffalo. After the seizure, Valdez was located at the hotel in Rochester. Investigators seized three phones from the defendant.  A search of the phones revealed photos of what appeared to be kilograms of cocaine on a scale, bulk quantities of U.S. currency, and firearms. 

Charges remain pending against co-defendants Bustamante and Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for July 16, 2021, at 11:00 a.m. before Judge Vilardo.

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Greco, 25 of Spencerport, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to attempted receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, lifetime supervised release, and a $250,000 fine.

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

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

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

Sentencing is scheduled for April 13, 2021, at 9:15 a.m. before Judge Siragusa.  

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Eduardo Flores, Jr., 50, of Amherst, NY, was charged by criminal complaint with depredation of government property.  The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, shortly before his retirement from the Border Patrol in August 2020, the defendant entered a co-worker’s cubicle space at the Border Patrol Station in Tonawanda, NY, and began to spray and pour a substance throughout the cubicle. As a result, the Customs and Border Protection Office of Professional Responsibility initiated an investigation into Flores’s activities, which included a physical inspection of the cubicle. Over a week after the incident, the cubicle continued to emanate a pungent odor resembling the smell of urine. In order to restore the cubicle to the condition it was in prior to Flores’s actions, Border Patrol hired and paid a cleaning company over $400 to clean the cubicle and its contents.

Flores is scheduled to make an initial appearance on January 19, 2021, before U.S. Magistrate Judge Jeremiah J. McCarthy.

The criminal complaint is the result of an investigation by the Customs and Border Protection, Office of Professional Responsibility, under the direction of Special Agent-in-Charge Vance Kuhner.

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 Xiao Liu, 27, a resident of Canada, was arrested and charged by criminal complaint with possessing with intent to distribute 100 kilograms or more of marijuana, and importation of marijuana into the United States. The charges carry a maximum penalty of 40 years in prison.      

Assistant U.S. Attorney Richard Antoine, who is handling the case, stated that according to the complaint, on January 10, 2021, a Customs and Border Protection Officer encountered the defendant in the commercial truck processing lane at the Peace Bridge Port of Entry. Liu was driving a commercial truck bearing Ontario license plates and stated that he was hauling a shipment of wax. The officer asked the defendant to open the sleeper cab curtain, which he did, but only partially. Unable to see inside, the officer again asked Liu to open the curtain and back up a few feet so he could see into the sleeper cab. Liu complied and the officer observed black bags filling the sleeper cab from the floor to the ceiling. When questioned, the defendant stated that the bags belonged to a friend and he was taking them to Buffalo. Liu was referred to X-ray inspection for further processing.

A scan of the tractor trailer revealed a large anomaly in the bunk area of the tractor. An officer then physically inspected the tractor cab. Upon entering the cab, the officer immediately detected a smell consistent with marijuana, and observed hockey bags stacked from the floor to the ceiling in the bunk area of the tractor cab. The officer opened one bag and noticed multiple vacuum sealed bags of a green leafy substance, suspected to be marijuana. Liu was taken into custody at that time. CBO officers then offloaded a total of 30 hockey bags which included 1,139 vacuum sealed bags of suspected marijuana weighing approximately 1,281 pounds.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Saan Thompson, 41 a/k/a Duke, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, 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 Laura A. Higgins and Richard Antoine, who are handling the case, stated that between July 2019, and January 10, 2020, the defendant conspired with others to sell cocaine. Thompson utilized a residence at 189 May Street in Buffalo to store and distribute bulk quantities of cocaine and crack cocaine base to other individuals, including co-defendants, Louis Gilbert, Antoine Gilbert, and Ronnie Charleston. The defendant also stored proceeds of his drug trafficking activities at his Shirley Avenue residence in Buffalo.

On August 5, 2020, a search warrant was executed at the defendant’s residence. Investigators seized $28,355 in cash, approximately 234 grams of marijuana, and a digital scale. That same day, investigators also executed a search warrant at 189 May Street and seized 1,000 grams of cocaine, five bags of crack cocaine, two additional bags of cocaine, a digital scale, packaging and drug-processing materials.
Charges remain pending against Louis Gilbert, Antoine Gilbert, and Ronnie Charleston. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing will be scheduled at a later date.

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“Since late Wednesday, my Office has been working around the clock with both the Buffalo and Washington Field Offices of the Federal Bureau of Investigation, to pursue all leads, to gather evidence, and to bring to justice those who committed crimes at the Capitol Building in Washington, DC. Any suggestion, direct or implied, that there is undue delay, a political purpose, or race-based reason why charges have not yet been filed against any Western New York resident is incorrect, unfounded, and frankly, offensive. I think most people recognize the danger inherent in advocating for a criminal justice system that is more concerned with getting things done quickly than getting them done correctly. As U.S. Attorney, I have refused—and will continue to refuse—to succumb to political pressure or to serve any factional interest. My job is to do my best to get things right and to see to it that the law and justice are the only interests served by me and those who work so hard in this Office.”

“We have received a number of leads and tips regarding yesterday’s events at the Capitol Building. Working with our law enforcement partners, we are actively investigating the information we have obtained.  Should we determine that there is a legal nexus between the crimes committed at the Capitol and our jurisdiction, we will not hesitate to charge those responsible.  Violence is never an acceptable means of protest.  We are one Nation, and as such, the unity which comes from a shared respect for both the rule of law and one another represents our only hope for lasting solutions to the challenges we face.  Escalating hostility and violence diminishes us all.” 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Adrian Funderburk, 37, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking crimes. The charges carry a maximum penalty of 25 years in prison and a $1,000,000 fine.      

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the complaint, on January 6, 2021, the Buffalo Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, executed a state search warrant at the defendant’s residence on Wecker Street in Buffalo. During the search, investigators recovered a loaded .40 caliber pistol, approximately one ounce of suspected cocaine, a quantity of suspected marijuana, and approximately $81,000 in cash. Funderburk was taken into custody during the execution of the search warrant.
The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.

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.

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 Trisha Cassidy, 55, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.     

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on February 20, 2018, the defendant opened a checking account at a branch of Summit Federal Credit Union located within the Western District of New York. Between February 20 and March 30, 2018, Cassidy executed a scheme attempting fraudulently to obtain money from the credit union. The defendant presented checks for deposit into her account that she knew had been altered without the payer's knowledge or permission. Alterations to checks included changes to the payee’s name and the dollar amount of checks. During the course of the scheme, Cassidy attempted to obtain a total of $154,756.05 in funds, with the credit union suffering a loss of $45,367.50.

The plea is the result of an investigation by the U.S. Department of Treasury, Office of Inspector General, under the direction of Assistant Inspector General for Investigations Sally Luttrell.

Sentencing is scheduled for April 13, 2021, before Judge Larimer.

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Augrom, III, 34, of Bath, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.       

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the criminal complaint, in July 2020 an undercover law enforcement officer was investigating individuals who use Peer to Peer file sharing applications to share child pornography over the internet. During the undercover session, the officer downloaded numerous pictures and videos of child pornography that traced back to an IP address belonging to the defendant. Some of the images and videos included children younger than 12 years old engaged in sexual conduct with adults, as well as depictions of violence. On December 10, 2020, investigators executed a search warrant at Augrom’s William Street residence and seized a cellular telephone. The SD card from the phone contained approximately 250 video and image files depicting child pornography.  The defendant is a Level III register sex offender on the New York State Sex Offender Registry, following two prior New York State child pornography convictions.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Mark J. Pedersen and is being held pending a detention hearing scheduled for January 11, 2021. 

The criminal 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 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 Brandon Wilson, 27, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to delay or destruction of U.S. Mail. The charge carries a maximum penalty of one year in prison and a $100,000 fine.     

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

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

The 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 Customs and Border Protection, under the direction of Director of Field Operations, Rose Brophy.

Sentencing is scheduled for May 6, 2021, at 2:00 p.m. before Magistrate Judge McCarthy.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Troy L. McCullough, a/k/a Trey, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to Hobbs Act robbery and brandishing and carrying a firearm during a crime of violence. The charges carry a mandatory minimum penalty of seven years in prison and a maximum of life.

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

Defendants Fuqua and Houston were previously convicted of Hobbs Act robbery and are awaiting sentencing.

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

Sentencing is scheduled for March 23, 2020, at 9:15 a.m. before Judge Siragusa. 

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Gates, Jr, 47, of Fredonia, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possessing with intent to distribute, and distributing, 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison and a maximum of 40 years in prison.

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

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

Sentencing is scheduled for March 25, 2021, before Judge Sinatra.

# # # #

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 Matthew Barber, 52, of Batavia, NY, with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 40 years.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and a previously filed complaint, in April 2007, the defendant was sentenced to serve 74 months in federal prison and five years supervised release after being convicted of possession of child pornography. On July 5, 2017, the defendant's term of supervised release was revoked after he was unsuccessfully discharged from a sex offender treatment program. Barber was re-sentenced to six months in federal prison followed by five years of supervised release. The defendant was also under the supervision of the New York State Division of Parole for a prior sex offense conviction.

On May 20, 2020, New York State Parole notified United States Probation that Barber was terminated from his employment after a company representative observed him insert flash drives into a workplace computer, which he was not authorized to access. As a condition of his parole, the defendant was to notify New York State Parole if he was terminated from his employment. That same day, United States Probation and New York State Parole searched Barber’s residence and seized a cellular phone and a flash drive. A search of the flash drive recovered over 1,100 images and over 40 videos of child pornography. Several hundred images and over 200 videos of child pornography were also found on the cellular telephone.

The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and detained.

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

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 Joseph Chojnacki, 27, of Cheektowaga, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant, a New York State Corrections Officer. 

On May 9, 2019, a federal search warrant was executed at Chojnacki’s Louis Street residence. Investigators seized various computers, electronic devices, and electronic media. A total of approximately 3,814 images and 138 videos of child pornography were discovered on the defendant's electronic devices. Some of the images depicted prepubescent minors less than 12 years old, as well as sexual abuse or exploitation of an infant or toddler.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shelby Garigen, 42, of Clarence Center, NY, who was convicted of access with intent to view child pornography, was sentenced to serve 37 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Charles M. Kruly and Aaron J. Mango, who handled the case, stated that between November 2018 and February 2019, the defendant communicated with two minors (Victim 1 and Victim 2) using the Snapchat application. During Garigen’s communications with Victim 1, she received and viewed approximately three sexually explicit images of Victim 1. During the defendant’s communications with Victim 2, she received and viewed approximately 10 sexually explicit images of Victim 2. Garigen knew that both victims were minors.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Javarus Payne, 34, of Rochester, NY, pleaded guilty today before U.S. District Judge David G. Larimer to being a felon in possession of a firearm and ammunition, which carries a maximum penalty of 10 years in prison, and a fine of $250,000 or both.

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

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

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

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

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Keyondre Robinson, 18, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to assaulting, resisting, or impeding certain officers. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

“With this plea, the defendant becomes the second individual to be convicted in the District in connection with the violent protests which were held here in late-May,” stated U.S. Attorney Kennedy. “In pleading guilty, defendant acknowledged that his behavior was not constitutionally protected expression but criminal conduct. Lawlessness, violence, and property damage are inherently unjust and antithetical to the objectives of those well-intentioned individuals who come together seeking positive change in our community.”

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on May 30, 2020, thousands of protesters gathered outside of Niagara Square in Buffalo, adjacent to the Robert H. Jackson United States District Courthouse for the Western District of New York, following the death of George Floyd. As some of the protesters became aggressive and violent, law enforcement officers, including officers from the United States Marshals Service, the Department of Homeland Security, the Federal Protective Service, and the Buffalo Police Department, were deployed and tasked with protecting the Jackson Courthouse. The officers formed a perimeter around the Courthouse steps to protect the building from property damage and to prevent protesters from entering the Courthouse. The officers did not engage with the protesters except to keep them from entering or approaching the Courthouse. During the protests, the defendant, Keyondre Robinson, threw a water bottle at a Deputy United States Marshal which struck the Deputy in the face.

The plea is the result of an investigation by the United States Marshal’s Service, under the direction of United States Marshal Charles Salina; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Protective Service, under the direction of Craig Madey; and Buffalo Police Department and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing is scheduled for May 5, 2021, at 9:00 a.m. before Judge Vilardo.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tracy Griffin, 38, of Sinclairville, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, acetyl fentanyl, fentanyl, and crack cocaine, was sentenced to time served and two years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that in January 2019, the defendant and co-defendant Brandon Blackshear conspired to sell acetyl fentanyl, fentanyl, and crack cocaine. On January 2 and January 22, 2019, members of the Southern Tier Regional Drug Task Force conducted controlled purchases of crack cocaine from Griffin and Blackshear.

Brandon Blackshear was previously convicted and is awaiting sentencing.  

The sentencing is the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Adriano Roberto Nunez, 28, of Queens, NY, who was convicted of assaulting a federal officer and causing bodily injury, was sentenced to serve eight months in prison and eight months home confinement U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that on June 3, 2019, the defendant was among passengers on a bus traveling from Canada into the United States at the Peace Bridge Port of Entry. Nunez and other passengers exited the bus at a Customs and Border Patrol checkpoint in the United States for re-entry into the United States.

During a search of the defendant's belongings, a CBP officer found a bag containing gummy candies that gave off an odor consistent with marijuana. While one CBP officer performed a field test for the presence of THC, another officer asked Nunez to place his phone and passport on the table. The defendant placed his passport on the table, however, he did not place his phone on the table, instead Nunez manipulated the phone with his hands. As the CBP officer attempted to retrieve the phone from the defendant, the defendant resisted. After the officer successfully gained possession of the phone, Nunez fled into another area of the building, with officers chasing after him. The defendant fled to an area with no exit, and which point officers caught up with him. Nunez pushed and kicked at least one officer.

The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that  Tywon Stephenson, 31, of Niagara Falls, NY, who was convicted of being an unlawful user of a controlled substance in possession of a firearm, was sentenced to serve 98 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on April 24, 2017, law enforcement officers executed a state search warrant on the defendant and his residence on 17th Street in Niagara Falls. Officers had obtained video footage that was recorded in the stairway next to Stephenson’s residence showing the defendant holding a shotgun and a handgun on two separate occasions. During the execution of the search warrant, officers found the shotgun loaded with six 12-gauge shotgun shells, and the handgun. Officers also recovered a scale and a bag of marijuana.

The sentencing is the result of an investigation by the Niagara Falls Police Department, under the direction of Acting Superintendent John Faso, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito. 

# # # #

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 Prewitt, 51, of West Seneca, NY, was arrested and charged by criminal complaint with possession with the intent to distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Richard Antoine, who is handling the case, stated that according to the complaint, on December 16, 2020, law enforcement officers executed a federal search warrant at the defendant’s Slade Avenue residence in West Seneca. During that search, officers seized approximately 1332 grams of suspected heroin or fentanyl, two mechanical presses, commonly used to shape narcotics into bricks, packaging materials, two digital scales, and approximately $18,000 in cash.

In 2003, Prewitt was convicted in federal court of being a felon-in-possession of a firearm and sentenced to serve 37 months in prison.

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

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

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 Marcus Brown, 25, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to two counts of sex trafficking of minors. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life.

Assistant U.S. Attorneys Melissa Marangola and Meghan McGuire, who handled the case, stated that in 2015, the defendant ran a sex trafficking operation with co-defendant, Ray Davis. Brown and Davis preyed upon and exploited teenagers who were homeless and vulnerable, coercing them to engage in commercial sex acts. Davis and Brown worked together to take sexually explicit photos of the minor victims and post them on Backpage.com, an online classified advertisement website that was previously shut down by the Department of Justice.

Defendant Davis was convicted by a federal jury and sentenced to serve 25 years in prison. Brown is scheduled to be sentenced on January 20, 2021, at 10:00 a.m. before Judge Siragusa.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Freddy Moore, 31, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to serve 66 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that the defendant was arrested on August 28, 2019, after New York State Parole officers searched his residence on Central Park in Rochester. During that search, officers found a loaded semiautomatic pistol as well as quantities of fentanyl and cocaine. 

Moore was previously convicted in August of 2009 in Monroe County Court of Robbery in the First Degree and sentenced to serve eight years in prison. In October 2014, the defendant was convicted in Erie County Court of Attempted Assault in the Second Degree and sentenced to serve up to three years in prison. As a result of his prior convictions, Moore was legally prohibited from possessing a firearm and ammunition.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that the Algoma Central Corporation, headquartered in St. Catharines, Ontario, Canada, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to a negligent violation of the Clean Water Act and will face a significant fine.

“The Great Lakes represent one of the most valuable resources in our region,” noted U.S. Attorney Kennedy. “This Office and our law enforcement officers will not hesitate to act to protect our natural resources and our environment from those who harm them.” 

Assistant U.S. Attorney Aaron J. Mango and Trial Attorney Patrick Duggan of the Department of Justice Environmental Crimes Section, who are handling the case, the case, stated that the Algoma Central Corporation operated a fleet of dry and liquid bulk carriers operating on the Great Lakes. One of the vessels in the defendant’s fleet was the M/V Algoma Strongfield (Strongfield). Built in China, the Strongfield was delivered to Canada on May 30, 2017, by a crew from Redwise Maritime Services, B.V. (Redwise), a vessel transport company based in the Netherlands.

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

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

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

The plea is the result of an investigation by the U.S. Coast Guard Investigative Service, under the direction of Resident Agent-in-Charge Cindy C. Buckley, Buffalo, NY, and Resident Agent-in-Charge Edward L. Songer, Detroit, MI.

Sentencing is scheduled for April 14, 2021, before Judge Schroeder.

# # # #

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 13-count indictment charging David Rubel, 38, of Kenmore, NY, with production, receipt, and possession of child pornography, sexual enticement of a minor, and transfer of obscene material to a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment and a previously filed complaint, a parent filed a report with the Town of Tonawanda Police Department, alleging that the defendant had been texting his daughter, who recently turned 16 years-old (Victim), and that some of the texts he observed were sexual in nature. The parent observed inappropriate images on his daughter’s cell phone within a text thread between the Victim and Rubel.

With the consent of the Victim’s father, a Town of Tonawanda Detective searched the cell phone and observed the text messages, some of which included sexual images. Investigators also searched the defendant’s cell phone and recovered sexual images, including two videos, that were also found on the Victim’s cell phone, within the string of text messages between Ruble and the Victim.

The defendant will be arraigned on the indictment on December 23, 2020, at 10:00 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy. 

The indictment is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger, 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.

# # # #

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Laura Ricotta, 29, of Buffalo, who was convicted of conspiring to possess with intent to distribute, and distributing, oxycodone, hydrocodone, and amphetamine, was sentenced to time served (approximately 15 months) by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Timothy C. Lynch and Joshua Violanti, who handled the case, stated that between April 2015 and February 2018, the defendant conspired with co-defendant Dr. James T. Keefe, and others to sell oxycodone, hydrocodone, and amphetamine, all Schedule II controlled substances. Ricotta met Dr. Keefe, who was a New York State licensed physician and a DEA Registrant authorized to issue prescriptions for Schedule II and Schedule IV controlled substances, through her boyfriend, co-defendant Benjamin Rivera. The defendant has known Dr. Keefe for nearly five years and during this time, Dr. Keefe was active user of cocaine, Adderall, and prescription opiates. In April 2015, Dr. Keefe reached out and asked Ricotta to allow him to issue prescriptions in her name and the defendant agreed.

Between April 20, 2015, and February 20, 2018, Ricotta was issued 15 prescriptions in her own name by Dr. Keefe for Schedule II and Schedule IV controlled substances. The defendant also used the names and personal information of six relatives and associates to receive 26 fraudulent prescriptions. Neither Ricotta nor any of her relatives or associates were patients of Dr. Keefe, and none of the relatives and associates knew their information was being used.

Co-defendants Dr. Keefe and Rivera were previously convicted and are awaiting sentencing.

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Javon Hardy, 24, of Buffalo, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to rioting. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

“Javon Hardy is the first of 16 defendants charged in connection with violence which occurred during protests held across our District earlier this year to be convicted,” stated U.S. Attorney Kennedy. “By his plea, the defendant has admitted that his behavior was not constitutionally protected expression but criminal conduct. Lawlessness, violence, and property damage are inherently unjust and antithetical to the objectives of those well-intentioned individuals who come together seeking positive change in our community. The defendant, and those like him, who engage in these sorts of criminal acts contribute only to our crime rate and add nothing in terms of meaningful growth or progress in our community.”

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

During the course of his rioting, Hardy approached a mobile office trailer located at the corner of Court Street and Exchange Boulevard. The trailer was rented by the Penn Lyon Homes Company headquartered in the state of Wisconsin, from ModSpace, a company located in Syracuse, NY. After walking up the stairs to the trailer, the defendant threw a flammable liquid inside the trailer and started a fire. Hardy exclaimed “Let that (expletive) burn,” and “If it’s not on fire, I didn’t do my job.” The burning of the trailer and defendant’s statements were captured on Facebook Live, which streamed the burning of the trailer on the internet. Hardy also posted his own statement on Facebook Live, admitting to being at the protests in downtown Rochester. He was wearing the same clothing as he wore when he started the fire at the mobile office trailer. The mobile office trailer was completely destroyed by fire.

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

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Wade Shadders, 23, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to transport stolen goods in interstate commerce. The charge carries a maximum penalty of five years in prison, a fine of $250,000.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that between October 2018 and November 2019, the defendant was an employee at Royal Crown Pawn & Jewelry on Dewey Avenue in Rochester, which is owned by co-defendant Devin Tribunella. As part of the conspiracy, Tribunella and Shadders engaged persons they knew were shoplifting (commonly referred to as “boosters”). They routinely advised the boosters what goods to steal from retail stores located in the Rochester area, including Home Depot, Lowes, Target, Walmart, and Wegmans. Once the items were stolen, the boosters would sell the stolen, new in-box items to Tribunella and Shadders at the Royal Crown pawn shop, for a fraction of retail value. Tribunella and Shadders then listed the stolen goods for sale on eBay using accounts registered to or controlled by Tribunella. The goods were advertised as “New” or “New-In-Box” and priced below retail value, but well in excess of the money Tribunella and Shadders had paid to the boosters for the stolen goods. Throughout Shadder’s involvement in the conspiracy, Tribunella and Shadders purchased millions of dollars’ worth of stolen goods from boosters, knowing such goods had in fact been stolen. Between April and November 2019, the two defendants sold and shipped approximately $1,561,000 worth of those stolen goods to buyers located outside of the State of New York.

Shadders and Tribunella were arrested in November 2019 for their role in the conspiracy. Charges remain pending against defendant Tribunella. 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 Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley. 

Sentencing is scheduled for March 22, 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 a federal grand jury returned an indictment charging Eric Fountain, 32, of Rochester, NY, with bank robbery, entering a bank with intent to commit a larceny, and bank larceny. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the indictment and a previously filed complaint, on March 3, 2016, at approximately 2:30 p.m., the entered the Chase Bank on East Ridge Road in Rochester, wearing a black or dark-colored hooded sweatshirt with the hood up, a black baseball hat, blue jeans, tan boots, dark-colored gloves, and a black mask covering his nose and mouth. He approached a teller station and stated, “I want it all in the bag, no GPS, no (inaudible).” The defendant then placed a white plastic bag on the counter. The teller proceeded to place cash from the teller drawer into the bag, at which point defendant took the bag and fled the bank on foot.

An off-duty Rochester Police Department Investigator, who happened to be conducting personal business at the Chase Bank, told investigators that he was sitting in a cubicle in the bank when he heard a muffled voice demanding money from a teller. The RPD Investigator did not intercede because he didn’t know if Fountain was armed. At that time, he told a bank employee to call 911 as he believed the bank was being robbed. After the defendant left the bank, the RPD Investigator chased Fountain through the parking lot of the bank. The chase continued to a fence which the defendant climbed over. The RPD Investigator saw the driver’s side door of a black Ford Mustang close, and the vehicle quickly drove off spinning its tires and driving recklessly. At that time, the RPD Investigator observed the New York license plate of the vehicle. A records check determined that the vehicle was registered to Fountain’s brother. A short time later, investigators located the vehicle in a pharmacy parking lot but not the defendant. Images of Fountain were released to local media outlets in an effort to obtain information. Later that evening, a tip was received identifying the defendant as the individual who robbed the Chase Bank.

On March 7, 2016, a search warrant was executed on the Ford Mustang. Inside, investigators found a black hooded sweatshirt, a black jacket with a zipper on the left side of the chest, a black baseball hat, and a white dust mask with black electrical tape covering the outside, which were consistent with the clothing and mask worn by Fountain during the bank robbery on March 3, 2016. Several rounds of ammunition, both in the trunk of the car and in the passenger compartment, were also found in the vehicle. Subsequent DNA testing on the items recovered from the vehicle matched the defendant’s DNA.

Fountain is currently on federal probation for a drug and gun conviction.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, 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 Sean R. Sullivan, 50, of Rochester, NY, who was convicted of production of child pornography, was sentenced to serve 192 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between 2005 and 2009, the defendant produced several images of Minor Victim 1 (MV1) sleeping in a bed. MV1 was approximately five years old in 2005. The images show Sullivan performing a sexual act on MV1 while she slept. In addition, between 2009 and 2014, Sullivan hid surveillance cameras in MV1’s bedroom. Using those cameras, defendant produced several images of MV1 in various stages of undress which constitute child pornography. MV1 also produced images of MV1 engaging in a sexual act with Minor Victim 2 (MV2), another individual under the age of 18.   

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Quondall Davis, 26, of Rochester, NY, who was convicted of sex trafficking of a minor, was sentenced to serve 168 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between April 2017 and July 2018, the defendant, a/k/a Hotdog, recruited Minor Victim 1 and Minor Victim 2 to engage in commercial sex acts. Davis posted ads on “Cityxguide.com,” to entice customers to engage in commercial sex acts with the minor victims. Cityxguide.com is a website providing classified advertising across the United States and internationally. Minor Victim 1 and

Minor Victim 2 each engaged in commercial sex acts and gave a portion of the profits to the defendant. Davis knew that both victims were under the age of 18.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andres Escalera, 29, of Phelps, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci, Jr. to attempted possession with intent to distribute five kilograms or more of cocaine. The charge carries a minimum penalty of 10 years in prison, a maximum penalty of life in prison, and a $10,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that the defendant was a leader in a drug trafficking organization that distributed large quantities of cocaine, heroin, and fentanyl throughout the Western District of New York. Escalera was arrested on June 2, 2020, after attempting to purchase six kilograms of cocaine in Ontario County, and was found to be in possession of over $200,000 in cash. Simultaneously, a search warrant was executed at the defendant’s residence where law enforcement officers recovered quantities of cocaine, heroin and fentanyl, as well as drug packaging paraphernalia and cash. As part of his guilty plea, Escalera will forfeit over $574,000 in seized United States currency and a Mercedes Benz automobile.

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 Sheriff Kevin Henderson; and the Geneva Police Department, under the direction of Chief Michael J. Passalacqua.

Sentencing is scheduled for March 5, 2021, at 11:00 a.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 Kareem Pryor, 30, of Buffalo, who was convicted of assault with a dangerous weapon in aid of racketeering, and possession with intent to distribute methamphetamine, was sentenced to serve 41 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, who handled the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operated primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.

On June 19, 2019, Pryor met up with Victim 1 on Genesee Street in Cheektowaga, while a co-defendant waited down the street. The co-defendant accused Victim 1 of killing a CBL/BFL member. The defendant and co-defendant then began punching Victim 1 and stomping Victim 1’s upper body and head onto the pavement. Pryor and the co-defendant then ran away. As a result of the assault, Victim 1 was treated at a hospital for a fractured shoulder bone and concussion. On September 12, 2019, the defendant possessed over 20 grams of methamphetamine pills in his apartment with the intent to distribute them.

Pryor is one of 16 members and associates of the CBL/BFL Gang charged in this investigation. He is the 14th to be sentenced. 

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Taire Chaney, 28, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute cocaine and crack cocaine, was sentenced to serve 20 years in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between 2008 and March 9, 2012, the defendant conspired with co-conspirator Tyshawn Bradley and others to sell cocaine and crack cocaine in and around the Perry Housing Projects in the City of Buffalo. The defendant admitted that Brad Daniels was murdered in 2012 as a result of this conspiracy.

Specifically, the evidence developed in the investigation revealed that in the summer of 2010, Chaney and Bradley perceived that a rival drug dealer was encroaching on their territory as the rival began selling crack cocaine in the Perry Projects. Bradley confronted that rival over territorial dispute. On July 29, 2010, an associate of Bradley was shot and killed on Perry Street, and Bradley believed that the death was the result of the feud with the rival drug dealer. In the following months, Chaney, Bradley, and another co-conspirator followed and shot at the rival drug dealer. On February 29, 2012, they saw the rival drug dealer riding in a Cadillac Escalade, which was driven by Brad Daniels. Chaney, Bradley and the co-conspirator followed the Escalade as it dropped off the rival drug dealer and continued driving. After the Escalade stopped on Bardol Street in Buffalo, Chaney, Bradley and the co-conspirator approached the car. Chaney shot a .45 caliber handgun multiple times through the driver’s side of the Escalade, while Bradley shot a .45 caliber handgun multiple times through the rear and passenger side of the Escalade. The co-conspirator discharged a 9mm semi-automatic handgun through the rear of the Escalade. Daniels, who was driving the Escalade, suffered three gunshot wounds, and died. The investigation determined that one of the shots fired by Chaney resulted in Daniels death.

Chaney was previously convicted of manslaughter in the death of Anthony Pitts in New York State Court in 2012 and sentenced to serve 25 years in prison. He will serve his federal sentence following the completion of his state sentence. Tyshawn Bradley was previously convicted and sentenced to serve 30 years in prison.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Gilberto Marchese, 38 of Lockport, NY, who was convicted of possessing with intent to distribute cocaine, was sentenced to serve 46 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Justin G. Bish, who handled the case, stated that, between December of 2015 and March of 2019, the defendant unlawfully possessed with intent to distribute cocaine. In addition, on March 27, 2019, law enforcement officers conducted a search warrant at Marchese’s residence on Grand Street in Lockport and recovered approximately 29 grams of cocaine, a grinder with suspected marijuana residue, and two digital scales.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Juan Padua, 33, and Michael Vasquez, 24, both of Buffalo, NY, with narcotics conspiracy and attempting to possess with intent to distribute 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 40 years.

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the indictment and a previously filed complaint, the U.S. Postal Inspection Service (USPIS) intercepted a U.S. Postal Service Priority Express Mail parcel shipped from Puerto Rico and addressed to an apartment in which defendant Padua resided. The box was turned over the Buffalo Office of the Drug Enforcement Administration.

On July 22, 2020, investigators executed a federal search warrant on the box, which contained toys, coloring books, paper plates, napkins, and a Nickelodeon slime box. The slime box, which was wrapped in red wrapping paper with multi-colored stars and Spanish writing, contained a large, white, brick-like substance that was comprised of a loosely packed white powder. Field tests indicated the presence of both cocaine and fentanyl.

On July 23, 2020, a transmitting device was installed in the parcel and a controlled delivery was conducted. A short time later, investigators received a tone indicating that the parcel was opened. Investigators then executed a search warrant at the apartment in which Padua resided. The parcel was found in the rafters in the attic. Additional search efforts led to the recovery of the USPIS transmitting device, which was broken and recovered from the roof top of the rear porch at the premises. The defendants were taken into custody.

The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendant Padua was detained; defendant Vasquez was released on conditions.

The indictment 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, 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 Leonard Smith, 56, of Clawson, Michigan, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Douglas A. Penrose, who handled the case, stated that between May 2010 and July 2015, the defendant conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Smith, who was a financial advisor, solicited investments from his clients at two companies—i2i Capital LLC and i2i Settlement Partners LLC. The companies, which were formed by co-conspirators Christopher Dillon and Gilbert Lynagh, were incorporated in Delaware but listed a business address in Lancaster, NY.

Smith, Dillon, Lynagh, and other members of the conspiracy, caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Smith also misrepresented his compensation regarding the victims’ investments in the companies.  The majority of victim funds were utilized by Smith, Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Smith, Dillon, and Lynagh.

Gilbert Lynagh and Christopher Dillon were previously convicted for their roles in the conspiracy.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, 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 Keonna Davis, 33, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to wire fraud and aggravated identity theft. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that between September and December 2017, the defendant worked as a disaster recovery specialist for the United States Small Business Administration (SBA). The SBA provides low-interest disaster relief loans to help businesses and homeowners recover from federally declared disasters. In her role as a disaster recovery specialist, Davis spoke directly with loan applicants who, in the course of applying for a disaster relief loan, provided the defendant with their name, social security number, date of birth, and other personal identifying information. Davis also had access to an SBA database of loan applications that contained the personal identifying information of disaster relief loan applicants.
 
On August 28, 2017, in the aftermath of Hurricane Harvey, a victim, identified as G.O., applied for a disaster relief loan from the SBA. On January 21, 2018, the defendant used G.O.’s personal identifying information to apply for a $4,900 loan from MyPetFunding, LLC to lease a French bulldog. Davis scanned a copy of a driver’s license containing victim G.O.’s information, replacing G.O.’s picture with her own picture. The defendant executed similar schemes against more than 10 victims who applied for disaster relief loans from the SBA. The total loss was $285,430.
 
The plea 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.
 
Sentencing is scheduled for April 19, 2021, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gregory Ramos a/k/a Prospect, 29, of Buffalo, NY, who was convicted following a jury trial of possessing with intent to distribute cocaine, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm by a person subject of a domestic violence order of protection, was sentenced to serve 101 months in prison by U.S. District Judge Lawrence J. Vilardo. Ramos’s sentence was imposed to run consecutive to a previously imposed  indeterminate sentence of 20 years to life that he received in New York State Court following his convictions for second-degree murder and criminal possession of a weapon for his role in the Anchor Bar shooting death of Freddie Dizon and for the strangulation of a former girlfriend.

Assistant U.S. Attorneys Joshua A. Violanti and Laura A. Higgins, who handled the prosecution of the case, stated that Ramos was a member of the FEB Gang which has a history of drug trafficking, firearms possession and violent crime. On May 21, 2016, Buffalo Police received a complaint involving a domestic dispute on Fargo Avenue between a woman and the defendant. An investigation determined that Ramos assaulted the woman, causing abrasions and bruising, and threatened her life. At the time of the domestic assault, Buffalo Police were looking for the defendant in connection with the fatal shooting at the Anchor Bar Restaurant, which occurred the previous day.   

On May 23, 2016, Niagara Falls Police Officers spotted defendant’s car on Pine Avenue and attempted to stop the vehicle. As officers approached, the defendant sped away. A high-speed chase ensued during which Ramos threw bags of cocaine and a gun from his car window. The cocaine struck the windshield of the officers’ car on Hyde Park Avenue, while the gun struck and shattered the rear window of another driver’s vehicle.            

The chase, which involved multiple Niagara Falls Police vehicles, proceeded onto Grand Island, where a toll collector at the Grand Island Bridge reported that the defendant’s vehicle was traveling approximately 100 miles per hour as it went through the tollbooths. Once on Grand Island, Ramos abandoned his vehicle on Stony Point Road and fled into a wooded area. A few minutes later, the Erie County Sheriff’s Department received a call from an individual who identified himself as Gregory Ramos. The caller claimed his vehicle had been stolen in Niagara Falls by an unknown black male. The defendant Ramos was apprehended a short time later in a wooded area on the Island and taken into custody. At the time, Ramos was in possession of $3,640 in cash.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Niagara Falls Police Department, under the direction of Acting Superintendent John Faso; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antasia Babcock, 27, and Celeste Carr, 34, both of Jamestown, NY, were charged in separate criminal complaints with possessing with intent to distribute methamphetamine and maintaining a premises for drug use and distribution. Defendant Carr is also charged with possessing with intent to distribute heroin. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the criminal complaints, on October 16, 2020, the Jamestown Metro Drug Task Force executed a New York State search warrant at Babcock’s Wescott Street residence. During that search, law enforcement officers seized one pound of suspected methamphetamine hydrochloride, drug paraphernalia, and approximately $62,000 in cash. That same day, the task force executed another New York State search warrant at defendant Carr’s residence, which was also located on Wescott Street in Jamestown. During that search, law enforcement officers recovered approximately 15 ounces of suspected methamphetamine hydrochloride, approximately 3 ounces of suspected fentanyl, packaging material, a digital scale, and a drug ledger. 

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Muhammad Cheema, MD, 47, of Pittsford, NY, who was convicted of health care fraud, was sentenced to serve 18 months in prison by U.S. District Judge Charles J. Siragusa. The defendant was also to pay restitution totaling $813,495.48 to the victim health care benefit programs that he defrauded.

Assistant U.S. Attorney John J. Field, who handled the case, stated that between 2013 and 2017, Dr. Cheema submitted approximately 5,000 false claims for psychotherapy services that he did not render. Based on these false claims, the defendant obtained payments totaling approximately $218,368 from health care benefit programs, including those operated by Excellus, MPV and others. In addition, from time to time, in response to audits and otherwise, Cheema created false medical records in an effort to substantiate his fraudulent billings and conceal his scheme.

The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and investigators from the New York State Department of Financial Services-Criminal Investigation Bureau, under the direction of Superintendent Linda Lacewell.

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