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 a federal grand jury has returned a 74-count indictment charging Philip M. Close, 42, of Rochester, NY, with 61 counts of production of child pornography, and 13 counts of possession of material containing child pornography involving prepubescent minors. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant owns the Close School of Music on West Ridge Road in the Town of Parma, which offers private music lessons to children and adults of all ages. Close has been teaching music lessons throughout New York State for over 20 years.

According to the indictment and a previously filed complaint, on December 5, 2019, the Monroe County Sheriff’s Office received information from a mother with two children taking lessons at the Close School of Music, that a video camera was attached to the toilet in the bathroom. The parent indicated that earlier that day, while waiting for her child to finish her music lesson, she used the bathroom. While in the bathroom, the mother observed a small black camera lens facing towards the toilet seat, and a small metallic-looking piece hanging from a wire off of the toilet. The mother grabbed and pulled the wires and found a camera-device and wires taped to the bottom of the toilet with black electrical tape. After finding this camera device, she removed it from the bottom of the toilet, and proceeded to contact 911.

A Monroe County Sheriff’s deputy reported to the Close School of Music and spoke with the defendant who acknowledged that the device was his. Close was taken into custody.

On December 6, 2019, a search warrant was executed at the music school and multiple digital computing devices were seized, including a laptop computer. A preliminary review of the laptop located three videos of the child whose parent alerted the Sheriff’s Department. One of the videos included the child using the toilet. Another video shows the child laying down on a piano bench and Close’s leg. The defendant is seen moving the child’s shirt up to expose her stomach and touching her stomach. Close then begins to touch other parts of the child’s body. The child is seen sliding under the piano in what appears to be an attempt to prevent the defendant from touching any further.

Further investigation revealed that the defendant produced videos containing child pornography including a total of 61 minor victims. 

Close will be arraigned on December 14, 2020, at 9:30 a.m. before U.S. Magistrate Judge Mark W. Pedersen.

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

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 Kevin Miller, 30, of Buffalo, NY, who was convicted of conspiring to distribute, and distribution of, controlled substances, was sentenced to serve 60 months in prison by U.S. District Judge Richard. J. Arcara.

Assistant U.S. Attorneys Joseph M. Tripi and Meghan E. Leydecker, who handled the case, stated that between March 2016 and September 25, 2018, the defendant sold cocaine, crack cocaine, marijuana, and heroin in the City of Buffalo and surrounding suburbs. During that time, Miller utilized residences at 45 Easton Avenue and 507 E. Ferry Street in Buffalo to store and distribute the drugs. Also, during the same time period, the defendant possessed various firearms, including semi-automatic pistols he posed with online using social media.

On March 31, 2016, New York State parole officers conducted a search at Miller's parole residence after receiving evidence that the defendant violated his curfew. During the search, parole officers located and seized three digital scales with residue; two bags of ammunition; a quantity of crack cocaine; and a cell phone. Buffalo Police were called and Miller was arrested.

On September 25, 2018, the ATF and Buffalo Police Department executed federal search warrants at 45 Easton Avenue, and on a vehicle used by the defendant. As investigators prepared to enter the residence, they observed an object that was thrown from an upper window at the rear of the house. The object thrown from the window was loaded revolver. During a search of the upper apartment, three vials of marijuana, $411 cash, a large number of empty glass vials, 17 cellular telephones, and four scales were seized. The clothing Miller was wearing in the August 17, 2018, social media video depicting him with a firearm was also located inside the apartment. In addition, a scale and a loaded semi-automatic firearm were found in the basement.

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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; 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 Brian L. Schumacher, 55, of Penfield, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that, according to a previously-filed criminal complaint and the defendant’s plea agreement, between April and December of 2016, the defendant conspired with others to defraud two investors out of hundreds of thousands of dollars. The actions of Schumacher and others led investors, located in Massachusetts and California, to wire significant amounts of funding to Schumacher’s company, Integra Diamonds, located in Rochester, NY, to enable Integra Diamonds to purchase diamonds in Africa.

The Massachusetts victim (Victim 1) was contacted by a co-conspirator of the defendant, who initially indicated that an investment of $100,000.00 would yield a minimum profit of $60,000.00 in one year. Skeptical because of the generous return that was promised, Victim 1 sought assurances that he was not the initial or sole investor in Integra Diamonds. Subsequently, Victim 1 received documents that falsely suggested that Integra Diamonds had other investors, and which also falsely claimed that Integra Diamonds had agreements with a logistics vendor and U.S.-based diamond purchasers. On June 16, 2016, Victim 1 wire transferred $100,000.00 from his bank account to an account in the name of Integra Diamonds. During the course of the conspiracy, $30,000 was returned to Victim 1, but not the remaining $70,000 of his initial investment nor any of the promised return. $44,000 of Victim 1’s funds were attempted to be wired to Schumacher while he was in Sierra Leone to purchase diamonds. When that wire was unsuccessful, $44,500 was returned to a co-conspirator’s personal bank account.

Victim 2, a resident of California, also invested $100,000.00 in Integra Diamonds, after receiving a promise for a significant return. On December 2, 2016, Victim 2 wire transferred $100,000.00 from his bank account to an Integra Diamonds bank account. Schumacher then withdrew $90,000 in cash from Victim 2’s investment, which he spent on expenses associated with another trip to Sierra Leone to purchase diamonds. Schumacher used Victim 2’s money to purchase, among other things, 1,211.85 carats of industrial diamonds for $30,296.25. Schumacher then resold those diamonds to a U.S. diamond broker for $11,514, none of which was returned to Victim 2. Over the course of the next year, Victim 2 made multiple requests for status updates and for return of his fund. Schumacher provided a number of excuses for the failure of Victim 2's investment, including that the diamond purchase was simply taking longer than expected and that the original diamond purchase fell through. Victim 2 was also informed that Schumacher was trying to secure another deal. Ultimately, Integra Diamonds did not repay Victim 2 any portion of the $100,000 loan principle, or any interest.

The plea is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.

Sentencing is scheduled for March 24, 2021, before Judge Skretny.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Earl Stone Jr. a/k/a Ooh Wop, 28, of Jamestown, NY, who was convicted of possession with intent to distribute crack cocaine, was sentenced by U.S. District Judge Richard J. Arcara to serve 32 months in prison.

Assistant U.S. Attorney Meghan E. Leydecker, who handled the case, stated that the defendant was arrested, with another absconding parolee, Shaquelle Coleman, on January 23, 2019, for violating terms of parole. Stone and Coleman were located in the upstairs bedroom of a residence on West 7th Street in Jamestown. Stone had what appeared to be floor insulation from the attic of the residence all over his clothing. During a search of the residence, suspected crack cocaine was located in the attic. A digital scale with white residue and three cellular telephones were also seized. A review of the three cellular telephones recovered several text messages coordinating the sale of narcotics.
Shaquelle Coleman was previously convicted and is scheduled to be sentenced on January 21, 2021.   

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Masecchia, 54, of Williamsville, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute marijuana, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that since at least 1999 through his arrest on August 23, 2019, the defendant was involved in the sale of marijuana in the Buffalo and its surrounding suburbs. Masecchia and others also participated in marijuana grow operations in Ellicottville and Franklinville, in Cattaraugus County, NY.  The marijuana grown at those operations was harvested and distributed to resellers and users. In addition, the defendant possessed firearms to protect himself, his proceeds, and property where he stored marijuana and currency.

As part of his written plea agreement, Masecchia admitted that he received sensitive law enforcement information from his co-defendant Joseph Bongiovanni, who worked as a Special Agent of the United States Drug Enforcement Administration in Buffalo.  The information Masecchia received included the names of potential cooperators and whether or not the defendant and others were under federal investigation, and such information helped Masecchia and others to continue selling marijuana undetected by other members of law enforcement.

On August 23, 2019, a search warrant was executed at the defendant’s Main Street residence. During that search, investigators from Homeland Security Investigations, the Federal Bureau of Investigation, the Erie County Sheriff's Office, and the Niagara County Sheriff's Office, seized:

• $27,950.00 in U.S. currency; • Two rifles, five shotguns, and a pistol; • Various ammunition for the firearms; • Three Mason jars containing marijuana; • Various steroids in liquid and tablet form; • Hypodermic needles; • THC edibles; • Cannabis syrup; • Two grams of a white powder suspected to be cocaine; • Tylenol with Codeine tablets; • Suspected hashish; • A digital scale; • A suspected marijuana cigarette; • Numerous plastic bags and small bottles containing marijuana; and
• Four cell phones.

Charges remain pending against co-defendant Joseph Bongiovanni. 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 Erie County Sheriff's Office, under the direction of Sheriff Timothy Howard; the Niagara County Sheriff's Office, under the direction of Sheriff Michael Filicetti; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of John B. Devito.

Sentencing is scheduled for April 8, 2021, at 2:00 p.m. before Judge Sinatra.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Zachary Rogers, 34, of Amherst, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that a search warrant was executed by the FBI at the defendant’s Amherst apartment on January 25, 2018. The FBI seized two computer hard drives, which contained more than 21,000 images of child pornography. Some of the images depicted prepubescent minors, as well as sexual violence. Rogers used a peer to peer networking application to receive and distribute child pornography.  

Within days of the execution of the search warrant, the defendant fled to Southeast Asia, according to a note he left behind. The government received notice in October 2019 that Rogers was arrested in the country of Montenegro. Following extradition proceedings, the defendant was returned to the Western District of New York in June 2020. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia. Additional assistance was provided by law enforcement authorities in Montenegro. The Justice Department’s Office of International Affairs was responsible for securing the extradition.

Sentencing is scheduled for April 19, 2021, at 9:30 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Holsey Wedlow, 68, of Sodus, NY, pleaded guilty before U.S. District Judge David G. Larimer to possessing with intent to distribute 28 grams or more of crack cocaine and being a felon-in-possession of firearms. The charges carry a minimum penalty of five years in prison, a maximum of 50 years, and a $5,250,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that  between September 2016 and September 2018, the defendant sold cocaine and crack cocaine in the Wayne County area. During that time, Wedlow possessed multiple firearms, which he was prohibited from possessing by virtue of the fact that he had three prior felony convictions.

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 Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts; and the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson. 

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 Richard Buffalo, 36, of Salamanca, NY, was arrested and charged by criminal complaint with enticement and attempted enticement of a minor and attempted transfer of obscene matter to an individual under the age of 16. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in October 2020, the defendant began communicating with a minor female victim on the social media application Snapchat. Buffalo asked the minor victim if she wanted to have sex with him and offered to come pick her up. The minor victim advised the defendant that she was only 14 years old, but Buffalo persisted in his efforts to meet up with the minor victim. In November 2020, an undercover law enforcement officer, posing as the victim, began communicating with Buffalo on Snapchat and through text messaging. Believing the undercover officer to be the minor victim, the defendant asked if she wanted to have sex and requested that she send him nude images of herself. Buffalo also sent alleged nude images of himself to the undercover officer. The defendant later asked the undercover officer to meet in person, and the two agreed upon a time and place for the meeting. Buffalo arrived at the predetermined location and was taken into custody.

Buffalo made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.  and is being held pending a detention hearing on December 8, 2020.

The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Salamanca Police Department, under the direction of Chief Troy Westfall.

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 Freedom Lee, 26, of Rochester, NY, who was convicted of possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 69 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Cassie M. Kocher, who handled the case, stated that at approximately 2:50 a.m. on April 22, 2019, Rochester Police Department officers conducted a traffic stop of a vehicle in the area of 1210 North Clinton Avenue in Rochester. The defendant was identified as the passenger in the vehicle. During the stop, police officers recovered from Lee approximately 54 vials of cocaine; approximately 192 yellow glassine bags containing a mixture of heroin and fentanyl; approximately 15 white glassine bags containing a mixture of heroin and fentanyl; a plastic bag containing a mixture of heroin and cocaine; five yellow glassine bags containing fentanyl; a 9mm semiautomatic pistol loaded with 18 rounds of ammunition; and $1,632 in United States currency, which represented proceeds from his drug sales.

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

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

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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 Regan, 38, of Williamsville, NY, was arrested and charged by criminal complaint with production of child pornography and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 2, 2020, the FBI’s Child Exploitation Task Force was contacted by the Buffalo Police Department, which believed that the defendant was engaged in a sexual conversation with a 13 year-old-girl (Victim) through social media. According to the complaint, Regan, who identified himself as “Jason,” and the Victim met over Snapchat in late July and continued to chat over the next several weeks on social media. The chats were often sexual in nature with the defendant requesting that the victim send him naked photographs. In August, there was sexual contact between Regan and the Victim. At one point, the defendant claimed to be a Cheektowaga Police Officer.
 
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was held pending a detention hearing on December 8, 2020.

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

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

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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 Troy R. Gillon, 46, of Lockport, NY, who was convicted of narcotics conspiracy following an eight week jury trial, was sentenced to serve 25 years in prison by U.S. District Judge Lawrence J. Vilardo.

“Make no mistake, though their operations were centered over 2,500 miles away, the reach of the harm done by the Sinaloa Cartel extended all of the way here to Western New York,” noted U.S. Attorney Kennedy. “They poured poison into our community and made millions of dollars at the expense of the health, well-being—and in some instances the lives—of those who ingested them. Those individuals, such as the defendant, who sought to profit from the Cartel’s business model as established by its leader, El Chapo, deserve a similar return on their investment as he got—a sentence which will result in him spending the rest of his life in federal prison.”

Assistant U.S. Attorney Meghan A. Tokash, who handled the prosecution of the case, stated that Gillon was a member of a transnational drug trafficking organization, led by co-defendant Herman E. Aguirre, that utilized contacts and a source of supply whose territory included Mexico, Arizona, California, and elsewhere. The source of supply was the Sinaloa Cartel, led by Joaquín “El Chapo” Guzmán and Ismael “El Mayo” Zambada. 

The local organization trafficked thousands of kilograms of illegal narcotics, including heroin, fentanyl, and cocaine throughout the United States, including Lockport, Niagara Falls, and Buffalo, via the mail, individual vehicles outfitted with “trap” compartments, and on pallets loaded on tractor trailers. Members of the organization created fictitious “front” companies to launder drug proceeds including Triton Foods, Inc., Kamora Investment Enterprises, Inc. and Fresh Choice Produce, all of which were incorporated in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, NY, but proved to be completely fake.

Using these companies, Gillon and his co-defendants disguised kilogram quantities of heroin, fentanyl, and cocaine on pallets described on inventory and other documents as containing “Sea Cucumbers.” Evidence presented by the Government at trial showed that sea cucumbers are commonly found in Southeast Asia and Europe but rarely, if ever, in Western New York State. The pallets bearing the illegal narcotics were secreted in containers sealed with foam or spray insulation to avoid detection by law enforcement.

Members of the organization also utilized numerous bank accounts at local Bank of America branches to deposit illegal drug proceeds. Local members of the drug trafficking organization deposited over $19,000,000 of illegal drug proceeds into these fake seafood accounts, while California conspirators created false invoices to make it look like Western New Yorkers were buying sea cucumbers at astounding rates and quantities. The Western New York Asset Protection Manager of Wegman’s Food Markets, Inc. testified at the trial that none of its 13 Western New York stores have ever carried sea cucumbers because there is no demand for the product in Buffalo and the surrounding areas.

During the course of the investigation, law enforcement officers seized over $5,000,000 worth of illegal narcotics, including:

•           52.5 kilograms of cocaine; •           17.5 kilograms of heroin; and
•           8.5 kilograms of fentanyl

Using standard dosage amounts, the seized drugs potentially represented over 1,500,000 “hits” of cocaine, and 2,700,000 “hits” of heroin and considering that two milligrams of fentanyl can be a lethal dose, enough fentanyl potentially to kill over four million people. Further evidence presented by the Government at trial revealed that after a December 2014 meeting in Buffalo, defendant Aguirre shipped 10 kilograms of fentanyl to Buffalo and defendant Gillon took possession of the 10 kilograms. Gillon sold two kilograms of the fentanyl before residents of the Lockport area started overdosing on the drug shortly after New Year’s Day, 2015. A DEA representative testified that Gillon told police that he returned the remaining eight kilograms to a co-conspirator in early March 2015 because, “People are dying off this (expletive).” The co-conspirator moved the remaining fentanyl, along with two kilograms of cocaine, and 22 kilograms of heroin, to a house on Folger Street in the City of Buffalo.  On March 23, 2015, Buffalo Police seized 32 kilograms of drugs from the Folger Street location—including Gillon’s eight kilograms of fentanyl.

The investigation further determined that between June 2013 and September 2015, members of the organization additionally distributed over 5,000 pounds of cocaine, heroin, fentanyl and marijuana in the Western New York area. Approximately $20,000,000 was sent from Western New York banks to California in a two year period of time.

Herman Aguirre was also convicted at trial of narcotics conspiracy, as well as operating a continuing criminal enterprise and money laundering conspiracy, and is scheduled to be sentenced on February 23, 2021. A total of 18 defendants were charged and convicted in this case.

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; Homeland Security Investigations, under the direction of Special-Agent-in Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lockport Police Department, under the direction of Chief Steven Abbott; the Montebello, California Police Department; the Nebraska State Patrol; and the DEA, Los Angeles.

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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 Jasmin Osteen, 23, of Jamestown, NY, was arrested and charged by criminal complaint with two counts of sex trafficking of a minor. The charge carries a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison.

“As alleged in the criminal complaint, this woman exploited two vulnerable young girls for her own financial benefit,” stated U.S. Attorney Kennedy. “The depravity of the defendant’s conduct and the harm she caused to these two minors are the stuff of which parental nightmares are made. I want to commend the members of federal, state, and local law enforcement, who, working with the tremendous child advocates serving our community, took swift and certain action to rescue these victims and to protect others from this predatory defendant.” 

“The egregious acts identified as part of this investigation demonstrated a lack of regard for human life,” said Kevin Kelly, HSI Special Agent-in-Charge. “Homeland Security Investigations is committed to investigating these victim based crimes and bringing to justice those who prey on the most vulnerable in our communities.”

“This investigation and arrest are a result of interagency cooperation,” stated Chautauqua County Sheriff James B. Quattrone. “Human Trafficking is all too real and continues to victimize too many people. These investigations will continue with the help of our federal, state, and local partners. And we continue to ask for the public to report any suspicious activity as this form of slavery cannot continue.”

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated according to the complaint, on September 23, 2020, the mother and grandmother of Minor Victim 1 reached out to the Chautauqua County Sheriff’s Office and expressed concern because Minor Victim 1 was involved in prostitution and using drugs. They also expressed concern that the defendant may have been trafficking Minor Victim 1 for sexual exploitation. The mother and grandmother provided screen shots of messages between Osteen and Minor Victim 1 talking about having sex for money. According to the complaint, Minor Victim 1 moved in with the defendant in August 2020.

On October 30, 2020, Minor Victim 1 obtained housing and services at the Safe House in Jamestown, NY, and advised staff that she was forced to have sex with multiple unknown adults in exchange for money that was given to Osteen. Staff advised the New York State Police. According to the complaint, during an interview at the Jamestown Child Advocacy Program, Minor Victim 1 stated that the defendant took her to Buffalo and other cities and rented hotel rooms for the purpose of having sex buyers engage in sexual acts with Minor Victim 1. She also stated that during one these trips to Buffalo, a second minor victim was also forced to engage in sexual activity. According to Minor Victim 1, Osteen threatened that she would be harmed if she talked about anything. During an interview with investigators, Minor Victim 2 also stated that the defendant drove her and Minor Victim 1 to a Buffalo hotel, gave them alcohol, and forced them to have sex for money.

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

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; the New York State Police, under the direction of Major James Hall; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; and the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr. 

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal criminal complaint, charging Stephen Reed Pattison, 31, of Hilton, NY, with being a felon-in-possession of firearms, was unsealed today. The charge carries a maximum penalty of 10 years in prison.      

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the criminal complaint, Pattison was arrested in Western New York, on October 30, 2020, by the United States Marshals Task Force. The basis for defendant’s arrest was a parole absconder warrant from a 2016 conviction that he had in the State of Missouri for Domestic Assault in the Second Degree. In the months preceding his arrest, the defendant aggressively and sometimes violently expressed his disagreement with local protests relating to the deaths of George Floyd and Daniel Prude in a series of Facebook posts. Pattison also expressed his support of white supremacist groups and is believed to be associated with a local “Blood and Honour” group in the Rochester, a white supremacist group that is affiliated with a neo-Nazi organization known as “Combat 18.”  Following his arrest as a parole absconder, investigators obtained search warrants for both the defendant’s cell phone as well as his residence on Church Road, in Hilton. During the execution of those warrants, evidence suggesting his involvement with white supremacist organizations was developed and various firearms were seized from the residence.

Pattison made his initial appearance today before U.S. Magistrate Judge Marian W. Payson and was detained.

The complaint is a result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the United States Marshals Service, under the direction of Marshal Charles Salina, the Brighton Police Department, under the direction of Chief David Catholdi; the New York State Police, under the direction of Major Barry Chase; the Monroe County Sheriff's Office, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; and the Aureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York FIeld Division.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Graff, 44, of Rochester, NY, pleaded guilty today before U.S. District Judge David G. Larimer to possession of a machine gun. The charge 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 Graff was arrested after members of law enforcement intercepted and searched a package sent to him from an address in China. Officers found the package contained a Glock® conversion device which, when installed on a Glock® semi-automatic pistol, allows the pistol to discharge ammunition in fully automatic mode. On May 24, 2019, investigators delivered the package containing the device to Graff and then searched his residence pursuant to a search warrant.  During the search, officers found the intercepted Glock® conversion device, as well as a second Glock® conversion device which the defendant admitted to ordering about a month earlier. 

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division;  the New York State Police, under the direction of Major Barry Chase; the Irondequoit Police Department, under the direction of Chief Alan Laird; and Customs and Border Protection in New York.

Sentencing is scheduled for May 12, 2021, at 2:30 p.m. 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 Bryson McBride, 22, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute cocaine and possessing a firearm with an obliterated serial number. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

Sentencing is scheduled for March 9, 2021, at 10:30 a.m. before Judge Siragusa.

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

ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Daciann Brown, 30, a Jamaican native residing in Rochester, NY, who was convicted of failing to appear for sentencing, was sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. to serve 46 months in prison and to pay restitution totaling $182,139.62.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in May 2018, the defendant pleaded guilty to wire fraud, false claims, and fraud related to identification documents. Brown purported to be a tax preparer and filed 66 false tax returns on behalf of 44 taxpayers with the IRS. Thirteen of those taxpayers did not know the defendant was filing returns using their personal information. Brown was scheduled to be sentenced on August 28, 2018. However, the defendant failed to appear on that date, and an arrest warrant was issued. On June 3, 2020, Brown was arrested by the U.S. Marshal Service.

The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, and the U.S. Marshal Service, under the direction of Marshal Charles Salina.

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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 Misael Montalvo, 45, of Queens, NY, who was convicted of conspiracy to distribute cocaine, was sentenced to serve 20 years in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and November 2011, the defendant conspired to sell cocaine in the Buffalo area. In 2004, Montalvo, having previously resided in Buffalo, moved to Queens, NY, and returned to Buffalo approximately twice a month to sell cocaine.

Following a lengthy sentencing hearing, the Court determined that, as part of the drug conspiracy, the defendant orchestrated an armed burglary and robbery at the apartment of Nelson and Miguel Camacho, two brothers with whom Montalvo had been previously involved in drug trafficking activities. On November 11, 2004, Montalvo drove co-defendants Efrain Hidalgo and Brandon Jonas, whom he had recruited, along with a juvenile, to the area of the victims’ apartment. The defendant dropped them off with a loaded AK-47 rifle and an aluminum baseball bat and drove away. Thereafter, Hidalgo, Jones and the juvenile forced their way into the victims’ apartment. Once inside, Jonas immediately shot Nelson Comacho in the arm with the AK-47. As Hildalgo, Jonas, and the juvenile searched the apartment for money, Hildalgo encountered Miguel Comacho, who pointed a gun at him. Jonas then shot Miguel Comacho repeatedly with the AK-47, killing him. Thereafter, Jonas also shot an injured Nelson Comacho in the head, killing him as well. No money or drugs were stolen during the armed burglary and robbery.  In determining that Montalvo ought to be held responsible for the murders, Judge Arcara concluded, “while the defendant did not intend for Jonas to murder his former co-conspirators, the ruthlessness of his planned armed burglary and robbery that resulted in their murder reflects of the nature of the co-conspirator relationships with the victims sufficiently to reflect on the seriousness of his drug conspiracy offense of conviction. Accordingly, the Court finds that an upward departure or variance to account for the felony murders applies.”

While imposing sentence, Judge Arcara noted that an innocent man, Josue Ortiz, wrongly served 10 years in state prison for the murders of the brothers. As a result of this federal prosecution, in 2015, Josue Ortiz was able to get his New York State homicide conviction vacated by an Erie County Court judge.   

Efrain Hidalgo, who was the leader of the 7th Street Gang, was previously convicted and sentenced to serve 330 months in prison. Brandon Jonas was also previously convicted and is awaiting sentencing.

“This prosecution, quite literally, helped to transform the West Side of the City of Buffalo,” noted U.S. Attorney Kennedy. “Thanks to the investigative efforts of the Buffalo Police Department, the New York State Police, and the FBI, and the tremendous work of prosecution team led by AUSA Tripi, control of the West Side of Buffalo was removed from these violent street gangs and returned to the law-abiding residents and business owners who live in the neighborhood. As a result of this prosecution, a total of 65 individuals who were members or associates of the 10th Street and 7th Street gangs were convicted in federal court, and 64 have been sentenced. Ten cold case homicides, involving murders of victims ranging in age from 14-to 47-years-old, and including gang rivals, drug dealers, and innocent bystanders/people shot via mistaken identity, were solved as a result of this prosecution—as were dozens of non-fatal attempted murder shootings. Four of the 65 defendants went to trial and each was convicted and each sentenced to life imprisonment. This prosecution demonstrates that although a strong law enforcement response may not alone be sufficient to solve the problem of violence in our community, it is an indispensable part of the solution, and there can be no lasting solutions without it.”

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; 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 that Shane Guay, 30, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

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

During the investigation, law enforcement officers recovered 587 images and five videos of child pornography on electronic devices seized from the defendant. Some of the images included prepubescent children, as well as depictions of violence.

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

Sentencing is scheduled for April 1, 2021, at 2:00 p.m. before Judge Sinatra.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Tomas Martinez-Devedia, 27, of Rochester, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possessing with intent to distribute and distributing MDMA (Ecstasy). The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney Misha Couslon, who is handling the case, stated that in June 2018, Homeland Security Investigations (HSI) began investigating the defendant's possession and distribution of controlled substances that he acquired via Bitcoin. On October 26 and December 3, 2018, HSI conducted controlled purchases of MDMA from Martinez-Devedia. On December 10, 2018, investigators executed a search warrant at the defendant’s University Avenue apartment in Rochester. They recovered cutting agents, a scale, $4,990.00, multiple electronic devices, and three bags containing suspected ketamine.

The defendant was charged by a criminal complaint December 2018 and, following his initial appearance in District Court, was released on conditions, including that he not commit any offense in violation of federal, state, or local law. On January 6, 2020, Customs and Border Protection notified HSI that three international mail parcels originating in Barcelona, Spain, and destined for two addresses in the Rochester area, had been inspected and found to contain a brown chunky substance that field tested positive for MDMA. On January 10, 2020, members of the United States Postal Inspection Service conducted a controlled delivery of the three suspicious postal packages. Investigators then executed search warrants at the two locations. When questioned, the recipients of the packages advised investigators that the packages were supposed to be delivered to the defendant. Later that day, investigators conducted a controlled delivery of two parcels filled with sham to the defendant, who was arrested at that time.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.

Sentencing is scheduled for March 24, 2021, at 2:00 p.m. before Judge Sinatra.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Tony Kirik, a/k/a Anatoliy Kirik, 39, of Rochester, NY, was charged by criminal complaint with making false statements to the Federal Motor Commission Safety Administration, U.S. Department of Transportation, and conspiring to do the same.  The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, the defendant owned and controlled a trucking business called Dallas Logistics. The company was put in the name of a nominee owner to conceal the fact that it was affiliated with another trucking company, Orange Transportation, that Kirik also controlled. Orange Transportation had received a negative rating from the Department of Transportation, and that negative rating would have been applied to Dallas Logistics had the true relationship between the two entities been disclosed to the Federal Motor Carrier Safety Administration. In order to prevent the government from learning that the two entities were related and affiliated, Kirik directed his employees to create and present false documents and representations to the Federal Motor Carrier Safety Administration.

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

The criminal complaint is the result of an investigation by Special Agents of the Department of Transportation, Office of Inspector General, under the direction of Special Agent-in-Charge Douglas Shoemaker, Northeast Region, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has indicted Joseph Licata, 52, of Buffalo, NY, on charges of bank robbery, entering a bank with intent to commit a larceny, Hobbs Act robbery, and escape from custody. The charges carry a maximum sentence of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment and a previously filed criminal complaint, in mid to late-January 2020, the defendant escaped from the custody of the United States Penitentiary Coleman II in Sumterville, Florida. On January 21, 2020, the defendant entered the M&T Bank branch on Grant Street in Buffalo, and passed a demand note to the victim-teller. The note threatened the teller if the teller did not give him cash. The victim-teller complied and gave Licata U.S. currency. Later that same day, the defendant entered a Speedway Gas Station on Elmwood Avenue in Buffalo and demanded cash. The victim-clerk complied and gave U.S. currency to the defendant. Later that same day, the defendant entered a Speedway Gas Station on Elmwood Avenue in Buffalo and demanded cash.  The victim-clerk complied and gave U.S. currency to the defendant. Law enforcement officers arrested Licata and found him in possession of currency taken during the robberies.

In 2010, Licata, having previously been convicted in federal court of committing a bank robbery in Buffalo, was sentenced to serve 120 months in prison. 

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

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

# # # #

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Neal, of Hallsville, Missouri, was charged by criminal complaint with production, receipt, and distribution of child pornography, as well as cyberstalking. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in July 2018, Neal initiated a conversation with a minor female victim, living in the Western District of New York, on Instagram and asked her to send him pictures of her feet and face. After the victim complied with the defendant’s request, Neal demanded that she produce and send him sexually explicit images of herself or else he would send the images she previously sent to him to all of her Instagram followers. The victim complied and sent Neal the requested images. Over the next two years, the defendant continued to harass the victim through Instagram and text message, demanding that she take and send him more images or else he would distribute the sexually explicit images she previously provided to him to all of her Instagram contacts. In July 2020, Neal followed through with his threats and sent several images of the victim to four of her Instagram followers. 

Neal made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
 
The criminal complaint is the result of an investigation by 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.

# # # #

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Dyllan Barber, 19, of Little Valley, NY, was arrested and charged by criminal complaint with production of child pornography and cyberstalking. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in November 2019, Barber initiated a conversation with a minor female victim on the Snapchat social media application. Barber used his own Snapchat account during this conversation, but posed as a hacker who had gained control over the account. The defendant threatened the minor victim to produce and send to him sexually explicit images of herself or else he would publicly release information regarding the minor victim. In response to these threats, the minor victim produced and sent images of herself to Barber as requested.

Barber made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.

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

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 Lamario Mills, a/k/a Rio, 32, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, 500 grams or more of cocaine, was sentenced to serve 103 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Joshua A. Violanti, who handled the case, stated that in August 2018, investigators began looking into the drug trafficking activities of the defendant and multiple co-defendants, which were focused in the area of 67 Townsend and 76 Townsend Street in Buffalo. Between August 2018 and June 18, 2019, Mills and his co-defendants sold cocaine and crack cocaine in that area. Investigators conducted a total of 27 controlled purchases of crack cocaine and 12 purchases of cocaine.

Mills was an organizer in the drug trafficking organization, responsible for supplying members on a near-daily basis with crack cocaine, which they in turn sold on behalf of the organization. On June 18, 2019, investigators executed a search warrant at the defendant's Delaware Avenue residence, and seized a quantity of cocaine and marijuana, and utensils used to cook the cocaine into crack cocaine, such a pan, spatula, tongs, and plates. They also seized $35,562.00 in cash.

Mills was arrested in June 2019 along with nine other defendants, he is the third to be convicted.

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; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major James Hall; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; and the Erie County Crime Analysis Center.

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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 Samuel Mara, 24, of Buffalo, NY, with threats by interstate communications and cyberstalking. The charges carry a maximum penalty of five years in prison and a $250,000.

“Much as an act of violence is not a Constitutionally protected form of protest, neither actual threats of violence nor cyberstalking are Constitutionally protected forms of speech,” stated U.S. Attorney Kennedy. “Here, a federal grand jury has determined that the defendant’s actions in this case crossed the line from protected speech to prosecutable conduct.”

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 6, 2020, the FBI and New York State Police began investigating a two (2) hour and ten (10) minute live stream video posted on Facebook Live. The video, apparently taken in front of the Buffalo Police Department -- C District Station, was live streamed by an individual identified as A.M., a close associate of Samuel Mara. In the video, a crowd is peacefully protesting, and at times, A.M. is heard commenting in the video. Defendant Mara is also seen sporadically throughout the video. Approximately 45 minutes into the video, several members of the crowd begin shouting, “hey hey, ho ho, [Victim 1] has got to go.”

Facebook users watching the live stream video posted comments, including information about a purported KKK rally which was allegedly scheduled to take place in downtown Buffalo on the following day. A.M. and defendant Mara are then heard discussing the rally. Mara can be heard saying: “Listen…what they’re gonna do is, they’re gonna drive themselves crazy outta’ all the overwhelming fear and one of them is (inaudible) gonna hurt us or kill us and that’s gonna start (inaudible) and then we gonna do whatever the (expletive) we want. It will happen, we are in power. They are scared. They will act off impulse and they will try to kill us, when they do that. Then they will all die. We will kill them all. I will personally kill [Victim 1].”

As alleged, through the months of June and July of 2020, the defendant continued to make threats directed toward the Victim, members of the Victim’s family, and others. Those threats were made both over social media accounts that defendant controlled as well as directly by defendant to other individuals.

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

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 New York State Police, under the direction of Major James Hall; 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 defendants are 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 Yojamis Lozano-Amaya, 42, and Hovet Ewersont Paz-Sagastume, 34, both of Honduras, pleaded guilty before Senior U.S. District Judge William M. Skretny to re-entry of a removed alien. Judge Skretny then sentenced each defendant to time served (approximately two months). 

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the cases, stated that both defendants were found in Tonawanda on September 14, 2020, by Border Patrol Officers.  Defendant Lozano-Amaya was previously deported from the United States in 2004 after being convicted of an aggravated felony. In 2013, defendant Paz-Sagastume was previously deported from the United States. Neither defendant had permission to re-enter the United States nor legal status in this country.

The sentencing is the result of an investigation by the United States Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan.

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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 Nicholas Ferrone, 29, of Utica, NY, who was convicted of three counts of bank robbery, was sentenced to serve 76 months in prison by U.S. District David G. Larimer.

Assistant U.S. Attorney Sean Eldridge, who handled the case, stated that the defendant committed three bank robberies: on August 20, 2019, Ferrone robbed the Bank of America, located at 5091 Broadway in Depew, NY; on October 31, 2019, Ferrone robbed the Chase Bank, located at 6 Spencerport Road in Gates, NY; and on December 17, 2019, Ferrone robbed the M&T Bank, located at 625 Panorama Trail in Penfield, NY.  During each of the robberies, the defendant wore a high-quality latex mask and handed the tellers notes demanding money. 

On January 13, 2020, a New York State Trooper conducted a traffic stop of a vehicle Ferrone was driving on the New York State Thruway. The vehicle did not have license plates displayed, nor did it display a valid inspection sticker. Troopers conducted a search of the vehicle and recovered controlled substances, as well as several high quality latex masks, including one that appears to have been used in the Bank of America robbery in Depew, and another mask that appears to have been used in both the Chase Bank and M&T Bank robberies in Gates and Penfield. Also recovered from the vehicle were numerous items of clothing matching the clothing worn during the three charged robberies, along with two handwritten notes that read “I Have Gun Large Bills” and “I Have Gun All Large Bills.” 

Previously, in May 2013, Ferrone was convicted in U.S. District Court in the Northern District of New York on eight counts of federal bank robbery and sentenced to serve 36 months in prison. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Major Crimes Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the East Rochester Police Department, under the direction of Chief Steve Clancy; the Depew Police Department, under the direction of Chief Jerome Miller; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Barrett, 30, of Sanborn, NY, was arrested and charged by criminal complaint with delay or destruction of mail. The charge carries a maximum penalty of five years in prison and a $250,000 fine.     

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on October 13, 2020, the Lewiston, NY, Police Department notified the United States Postal Service Office of Inspector General (USPS OIG) that USPS mail pieces were discovered by witnesses next to a trail in a wooded area off Pletcher Road in Youngstown, NY. The following day, the USPS OIG responded to the Lewiston Police Department and retrieved three mail bins and two garbage bags containing a total of 1,314 first class, certified, and standard mailings. The mail pieces included 15 political mailings and one blank election ballot destined for a Youngstown address. Subsequent investigation determined that the mail was destined for addresses on a mail route assigned to the defendant, who began working for the USPS in 2016. A check of USPS records found that Barrett’s assigned USPS scanner was dormant on October 13, 2020, between 12:20 pm and 3:54 p.m., in the area where the mail pieces were located. During this time period, the defendant’s true location could not be determined.

On October 19, 2020, the USPS OIG returned to the location where the mail pieces were located and found 14 bundles of Western New York Value Papers that had also been discarded. Another 14 bundles of the value papers were found about 30 yards away.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.

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

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 a federal grand jury has returned an indictment charging Charlie Yancey, 29, of Buffalo, NY, with conspiring to distribute marijuana, attempted possession of marijuana, discharge of a firearm in furtherance of drug trafficking, being a felon-in-possession of a firearm and ammunition, and possession of a firearm with an obliterated serial number. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison.      

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment, on July 28, 2019, the defendant met an individual (Victim) in the parking lot of a convenience store to obtain marijuana. When Yancey arrived, he got into the backseat of the Victim’s vehicle.  The defendant attempted to give the Victim fake money in exchange for the marijuana. As a result, the Victim got out of the driver’s seat and went to the rear passenger door, at which point Yancey exited the vehicle and began shooting at the Victim, firing a total of nine rounds. The Victim was transported to the hospital where he was treated for non-life threatening gunshot wounds.

Yancey, who was on New York State parole at the time of the alleged shooting, absconded from parole and was later arrested, convicted, and sentenced on a parole violation in October 2019.
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

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

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 a federal grand jury has returned a five count indictment against David Montemage, 37, of Grand Island, NY, charging him with conspiring to distribute, attempting to possess with intent to distribute, and possessing with intent to distribute marijuana: in addition, Montemage is also charged with maintaining a drug-involved premises and possessing a firearm in furtherance of drug trafficking crimes. The charges carry a maximum penalty of life in prison, and a $1,000,000 fine.

Assistant U.S. Attorneys Justin G. Bish and Joshua A. Violanti, who are handling the case, stated that according to the indictment and a previously filed criminal complaint, on August 5, 2020, federal and state law enforcers from Homeland Security Investigations (HSI), U.S. Border Patrol, U.S. Customs and Border Protection, the Niagara County Sheriff’s Office, and the Erie County Sheriff’s Office, executed a search warrant at defendant’s residence on Blue Pointe Lane on Grand Island. During the search of that residence, investigators recovered: a .22 caliber rifle; 28 rounds of .22 caliber ammunition with magazines; approximately 1.88 kilograms of marijuana; marijuana and THC based products; several large plastic vacuum seal type packages containing marijuana residue; several small plastic bags containing marijuana; a digital scale; $7,480 in cash; and marijuana smoking pipes.

According to the previously filed complaint, Montemage, who was arrested following the execution of the warrant, is believed to have been involved in the trafficking and distribution of drugs for over a decade.
Montemage was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.

The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael J. Filicetti, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.   

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

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Richard Dzionara-Norsen, 29, of Brighton, NY, of possession, receipt, and distribution of child pornography. The charges carry a minimum penalty of five years in prison, and maximum of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.

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

The verdict 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.

Sentencing is scheduled for February 17, 2021, at 3:30 p.m. before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial.  

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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 Deonte Cooper 25, of Ashtabula, Ohio, who was convicted of conspiring to traffic firearms from Ohio to Buffalo following a three week jury trial, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Charles J. Volkert and Joshua A. Violanti, who handled the prosecution of the case, stated that during the course of the conspiracy, Cooper, who also sold heroin, recruited heroin customers to make straw purchases of more than 100 firearms. The purchases were made at gun shows and gun stores in Ohio. The firearms were then transported to Buffalo, where they were sold to local drug dealers, including co-defendant Titus Thompson, who was also convicted at trial with Cooper.

Defendant Thompson is awaiting sentencing. Six other defendants were also charged and previously convicted in this case, including Koree Runyan. Runyan, 26, of Ashtabula, Ohio, was also sentenced today by Judge Wolford for her role in the conspiracy to time served and two years supervised release. Runyan purchased firearms in Ohio in her own name, which were then transported into the Buffalo area.

The sentencings are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, 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 that Amir Jahed a/k/a Amir Jahedmotlagh, 50, of Montgomery Village, Maryland, who was convicted of mail fraud, was sentenced to serve 24 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that between 2010 and July 19, 2018, the defendant was an employee of Cobham Mission Systems, a company headquartered in Orchard Park, NY, that was engaged in the development, delivery, and support of aerospace and defense technology and systems. Cobham also had an office located in Westminster, Maryland. As part of his employment, Jahed was assigned company credit cards (purchase cards) and was authorized to make certain purchases on behalf of Cobham for its business operations.  The defendant used his company purchase cards to conduct approximately 600 unauthorized transactions. Jahed claimed that the transactions were purchases of parts for Cobham’s business operations. In truth and in fact, the defendant did not purchase any parts for Cobham; rather, he used the purchase cards to direct funds into accounts controlled by him, resulting in a loss of $832,003 to Cobham. After Jahed used a purchase card fraudulently to obtain funds, he mailed fraudulent invoices to Cobham headquarters in support of the fraudulent transactions to give the appearance that the purchases were made to support Cobham’s business operations.

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 Dante Dolson, 51, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum penalty of life, and a $20,000,000 fine.
 
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between December 2016, and August 24, 2017, the defendant conspired with others to sell cocaine. On at least four separate occasions, Dolson coordinated the transportation of 10 kilograms of cocaine for distribution in the Niagara Falls/Buffalo, NY area. On each occasion, the defendant worked with co-conspirators to conceal the cocaine within a “trap” hidden under the hood of the vehicle in order to avoid detection by law enforcement.
 
On August 24, 2017, members of the Niagara Falls Police Department executed a New York State search warrant at a residence on Independence Avenue in Niagara Falls, the associated detached garage, and a vehicle registered to Dolson. The location was the residence of a relative of Dolson. When investigators entered the detached garage, the defendant was observed rolling beneath the opening garage door to flee from the area. Investigators also noticed that the hood of a minivan in the garage was ajar and a socket wrench was attached to a bolt securing one of the windshield wipers. The “trap” was contained in the engine compartment of the vehicle, and concealed behind a plastic shield underneath the wiper area.
 
Investigators recovered five full bricks and two half-sized bricks of suspected cocaine wrapped in black plastic sitting on top of the seat cushions of a couch positioned along one of the walls within the garage. $5,000 in cash was also found in another vehicle on the property.
 
The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Thomas Licata, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division. 
 
Sentencing is scheduled for March 1, 2021, at 12:30 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 Anthony Allee, 29, of Medina, NY, who was convicted of possessing with intent to distribute, and distributing, cocaine, and unlawful possession of a short-barreled shotgun in furtherance of drug trafficking, was sentenced to serve 150 months in prison by U.S. District Judge John J. Sinatra, Jr.

Assistant U.S. Attorneys Justin G. Bish and Jeremiah E. Lenihan, who handled the case, stated that between April 2019 and July 22, 2019, the defendant and his wife, Tashira, used their Ridge Road residence in Medina, to store, sell, and use marijuana, hydrocodone, and cocaine. Anthony Allee also possessed various firearms in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds.

On July 22, 2019, a state search warrant was executed at the residence. Investigators seized multiple firearms, ammunition, numerous articles of stolen property, approximately 73 grams of marijuana, 247 hydrocodone pills, cocaine residue located on a working digital scale with a razor blade, two additional digital scales, a vacuum sealer with bags, and knotted baggies.

Tashira Allee was previously convicted and sentenced to three years probation and 100 community service.

The sentencing is the result of an investigation by the Orleans County Sheriff’s Office, under the direction of Sheriff Randy Bower; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge James B. Devito; the New York State Police, under the direction of Major James Hall; and the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph Cardone.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Lettieri, 33, of Harpursville, NY, was arrested and charged by criminal with enticement of a minor, and traveling to engage in illicit sexual contact. The charges carry a mandatory minimum penalty of 10 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 complaint, on October 15, 2020, an investigator with the Wyoming County Sheriff’s Office interviewed the parent of a 13-year-old girl (Victim) who stated that on October 10, 2020, the Victim met a 33-year-old man at a park near their home with the intent of having sexual intercourse; however, sexual contact did not occur.

With permission from the parent, the investigator searched the Victim's cell phone and determined that the Victim blocked both a Facebook account and a phone number belonging to Lettieri. The investigator did not recover any messages between the Victim and the defendant, however others family members reported that the Victim deleted messages and blocked the number. The investigator recovered a call history between the two, including a call on October 10, 2020, the day the Victim met Lettieri in a park near her home. Photos of the Victim and the defendant’s face were also found on the phone. The investigator also searched Lettieri’s Facebook account and recovered conversations between the defendant, the Victim, and the Victim’s sister, which were sexual in nature. The Victim’s age was also revealed during the conversations.

If anyone has any information regarding this defendant, please call the FBI at 716-856-7800.

Lettieri made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained.

The complaint is the result of an investigation by the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, 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 Segundo Reascos-Rodriguez, 40, of Buffalo, NY, was arrested and charged by criminal complaint with production and receipt of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, the defendant met and exchanged phone numbers with a nine-year old minor female victim on the social media application LiveMe. On March 27, 2020, Reascos-Rodriguez and the minor victim engaged in a text message conversation during which the defendant requested and received two sexually explicit images of the minor victim. On November 2, 2020, Homeland Security Investigations executed a federal search warrant at Reascos-Rodriguez’s residence.

The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy, and is being held pending a detention hearing on November 18, 2020.

The criminal complaint is the result of an investigation by 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, NY - Kaiser Foundation Health Plan of Washington, formerly known as Group Health Cooperative (GHC), agreed to pay $6,375,000 to resolve allegations that it submitted invalid diagnoses to Medicare for Medicare Advantage beneficiaries and received inflated payments from Medicare as a result, the Justice Department announced today.  Kaiser Foundation Health Plan is headquartered in Oakland, California.   

“The United States relies on Medicare Advantage Organizations to submit accurate diagnosis data to Medicare to ensure that the compensation they receive is appropriate,” said Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “We will continue to pursue those who undermine the integrity of the Medicare program and the data it relies upon.”

“When insurance providers take advantage of Medicare and falsely claim that they are entitled to repayment for unsupported diagnoses, American taxpayers suffer in the form of higher costs,” stated U.S. Attorney James P. Kennedy, Jr. “We will continue to work to ensure that these programs are not defrauded and that monies are not paid for unwarranted claims.” 

Under the Medicare Advantage program, also known as Medicare Part C, Medicare beneficiaries may opt to obtain health care coverage through private insurance plans that are owned and operated by private insurers known as Medicare Advantage Organizations (MAOs).  Medicare pays MAOs a fixed, monthly amount to provide health care coverage to Medicare beneficiaries who enroll in their plans.  Medicare adjusts these monthly payments to reflect the health status of each beneficiary.  In general, Medicare pays MAOs more for sicker beneficiaries and less for healthier ones.

MAOs report beneficiary diagnoses and other information to Medicare on an annual basis and Medicare uses this information to adjust the payments that the MAO receives from Medicare.  The settlement resolves allegations that GHC knowingly submitted diagnoses that were not supported by the beneficiaries’ medical records to inflate the payments that it received from Medicare.

The settlement resolves allegations originally brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Teresa Ross, a former employee of Group Health.  The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery.  Ms. Ross will receive approximately $1,500,000.

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

This matter was handled by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Western District of New York, and the Department of Health and Human Services, Office of Inspector General.

The case is docketed as United States ex rel. Teresa Ross v. Group Health Cooperative, Independent Health Association, Independent Health Corporation, DxID LLC, Elizabeth Gaffney, and John Haughton, M.D., No. 12-CV-0299S (W.D.N.Y.).   

The claims resolved by the settlement are allegations only; there has been no determination of liability.

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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 Theodore Loria, 53, of Irondequoit, NY, who was convicted of cyberstalking, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve 24 months in federal prison to be followed by six months home confinement.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between June 2017 and August 2019, the defendant stalked an individual (Victim) causing substantial emotional distress. In 2017, Loria sent the Victim threatening text messages via cellular telephone. The defendant also sent a series of text messages, pretending to be a member of a local police department, stating that the Victim was an “enemy” of law enforcement and that he knew where all of Victim’s family members lived. Loria texted the Victim the correct addresses of the Victim’s family members. In December 2018, the defendant texted the Victim anonymously stating he knew where the Victim lived and everything about the Victim’s minor child, even providing details about the child’s school location, appearance, and the location of the child’s bedroom in the home.  Defendant also conducted physical surveillance of the Victim’s residence and business and followed the Victim in his vehicle.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan. 

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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 Obed Torres Garcia, 23, of Rochester, NY, who was convicted of conspiring to distribute five kilograms or more of cocaine and one kilogram or more of heroin, and using, carrying and discharging firearm during and in relation to a drug trafficking crime, was sentenced to serve 255 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorneys Robert A. Marangola, Cassie M. Kocher, and Katelyn M. Hartford, who handled the case, stated that between 2015 and January 29, 2018, the defendant was part of a drug trafficking organization led by Carlos Javier Figueroa, which was responsible for the transportation and sale of cocaine and heroin, and for acts of violence in furtherance of the organization’s drug trade, including an exchange of gunshots with members of the Greater Rochester Area Narcotics Enforcement Taskforce (G.R.A.N.E.T.). Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics, which were shipped from Puerto Rico.

As an active member of the Figueroa drug trafficking organization, Garcia, among other things, packaged cocaine and heroin for distribution, and personally distributed significant quantities of cocaine and heroin. Also, in furtherance of the conspiracy, the defendant and other members of the organization used and maintained a residence at 820 East Main Street in Rochester, for the purpose of packaging, storing, and distributing quantities of cocaine and heroin. Between December 2017 and January 29, 2018, Garcia lived in the apartment, which Figueroa paid for in exchange for the defendant’s work for the organization. 

On January 29, 2018, at 6 Burbank Street in Rochester, Garcia discharged a handgun in the direction of G.R.A.N.E.T. officers who were attempting to execute a search warrant at that location. Officers, who the defendant admits were justified in their use of force, exchanged fire and Garcia suffered a traumatic brain injury from a gunshot wound. As a result of the traumatic brain injury, the defendant has no memory of the events that day, but after reviewing the evidence collected as part of the government’s investigation, Garcia admitted his involvement in it. In addition to admitting his role in these police involved shooting, defendant also admitted that in December 2016, while distributing heroin in the vicinity of the Valero gas station located near the intersection of Clinton Avenue and Hoeltzer Street in Rochester, he shot a 9 mm handgun at rival drug dealers.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, 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 Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, Buffalo Division, 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 Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief David Catholdi; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jerry J. Roneker, Jr., 43, of Correy, PA, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

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

The plea is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division. 

# # # #

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 J. Truesdail, 39, of Montour Falls, NY, who was convicted of possession of child pornography  involving prepubescent   minors,   was  sentenced   to  serve  24 months   in  prison by Chief  U.S. District   Judge  Frank  P. Geraci,   Jr.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case,  stated  that  on March 27, 2019, a federal search warrant was executed at the defendant’s Henry  Street residence.  A number  of electronic items  were seized  including  two  computers,   a hard  drive, an SD card, and two  thumb  drives.  A forensic  analysis recovered  more  than  8,000 images  and 10 video files, some of  which  depict  children  engaged  in  sexual activity with  other children   and  with  adults.

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 Demetrius Lowry, a/k/a Little D, 25, of Buffalo, NY, who was convicted of obstructing an official proceeding, was sentenced to serve 60 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 Jaquan Sullivan was shot and killed on December 5, 2015, in the vicinity of Parkdale Avenue in Buffalo. On December 8, 2015, Lowry was interviewed by Buffalo Police Homicide detectives and provided two written statements detailing the shooting, including the identity of the person who shot Sullivan.

On December 17, 2015, Lowry sent a text message to the Buffalo Police Confidential Tip Line stating that this prior information was “totally wrong” and that he did not know who was involved in the shooting. On February 18, 2016, detectives interviewed the defendant about the tip-line message, and Lowry signed a written statement indicating that the tip-line message was not true.

On July 12, 2018, law enforcement officers assigned to the FBI interviewed the defendant once again about the shooting death of Jaquan Sullivan. Lowry gave information about the identity of the shooter which was different from that which he provided on December 8, 2015.

On July 31, 2018, while under oath and testifying in a proceeding before a Federal Grand Jury, the defendant denied writing and signing both his December 8, 2015, and February 18, 2016, statements, claiming, inter alia, that he was never interviewed by a detective on February 18. Lowry testified that he did speak with the FBI in July of 2018, but he stated he was not asked about the murder of Jaquan Sullivan.   

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Wilson, 27, of Buffalo, NY, was arrested and charged by criminal complaint with delay or destruction of mail. The charge carries a maximum penalty of five years in prison and a $250,000 fine.     

“This Office is committed not only to ensuring the integrity of the mails but also of individuals’ rights to vote in a free and fair election,” stated U.S. Attorney Kennedy.  “The criminal conduct with which this defendant is alleged to have engaged, undermined both of those interests.”

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, on November 3, 2020, at approximately 7:34 p.m., Customs and Border Protection (CBP) Officers encountered the defendant, an employee of the United States Postal Service (USPS), at the Peace Bridge Port of Entry. As part of a standard CBP vehicle sweep, Wilson opened the trunk of his vehicle for CBP Officers. A USPS mail bin containing numerous mail pieces was observed by a CBP officer inside the trunk. CBP officers also observed multiple USPS uniform items bearing the USPS logo along with a USPS identification badge with the defendant’s name. Wilson stated the mail belonged to him and his mother. However, the defendant could not account for additional names printed on the mail pieces. Wilson further stated that he had intended to deliver the mail and had forgotten to return the mail pieces to the post office.

The United States Postal Service, Office of Inspector General, was called to retrieve the recovered mail pieces. A subsequent inventory of the recovered mail pieces revealed three absentee ballots sent to two Buffalo, NY, addresses from the Erie County, NY Board of Elections, 106 political mailings, 220 first class mailings, and 484 standard mailings for an approximate total of 813 mail pieces. The first-class letter mailings were destined for zip codes 14227, 14211, 14214, with the majority destined for 14215. Cancellation dates showed seven dates between September 16 and October 26, 2020.

The complaint 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.

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 Rejjie Ni, 24, of Shanghai, China, who was convicted of possession of a machine gun, was sentenced to time served (11 months) by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Jeremiah E. Lenihan, who handled the case, stated that on March 18, 2019, the Amherst Police Department responded to the defendant’s apartment following a report that there were a large number of firearms inside the residence. During the execution of a search warrant, officers recovered 33 rifles, two shotguns, and numerous rounds of ammunition, including armor piercing bullets.

One of the rifles recovered was a semi-automatic rifle under Ni’s bed. Subsequent investigation and expert analysis determined that the defendant had converted the semi-automatic rifle into a fully automatic machinegun.

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 Amherst Police Department, under the direction of Chief John Askey, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jordan Dunn, 26 of Rochester, NY, who was convicted of receipt of child pornography, was sentenced, by U.S. District Judge Elizabeth A. Wolford, to serve 72 months in prison, followed by 10 years of supervised release.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that members of the FBI’s Child Exploitation Task Force executed a search warrant on September 18, 2019, at the defendant’s home in Rochester following a cybertip from an online social media company. The tip indicated that an account holder had uploaded an image of child pornography using the company’s messaging application. The image was traced to Dunn’s Rochester apartment, which he shared with co-defendant Jeffrey Wehs. Computers belonging to Wehs and Dunn were previewed and found to contain multiple images and videos of child pornography. 

Dunn and Wehs previously worked with children, including disabled children, within various organizations in the Rochester area. Wehs was previously sentenced to time-served and eight years of supervised release on August 20, 2020, after being convicted of possession of child pornography.   

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

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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 Omar Vera-Velazquez, 23, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of firearms in furtherance of drug trafficking. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.
 
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that in September 2019, the defendant sold and distributed heroin in the Jamestown area. During this time period, Vera-Velazquez possessed various firearms in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds.
 
On September 19, 2019, investigators executed a search warrant at the defendant’s Bowen Street residence. Law enforcement officers seized four firearms; ammunition; two pistol magazines; approximately 60 grams of a heroin and fentanyl substance; two scales; several empty plastic baggies; and packaging materials.

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

Sentencing is scheduled for March 21, 2021, before Judge Vilardo.
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jarmaine Dunbar, 43, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute cocaine, and possessing a firearm in furtherance of a drug trafficking crime. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.

Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the complaint, on October 10, 2020, the defendant was involved in a traffic accident in the City of Buffalo. When officers arrived on the scene, they observed a loaded, semi-automatic pistol on the front passenger seat of Dunbar’s car. When patting down the defendant, officers also retrieved a plastic bag containing suspected cocaine.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Abdulkawi Al Shuaibi, 47, of Buffalo, NY, was arrested and charged by criminal complaint with theft of government property. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Douglas A.C. Penrose, who is handling the case, stated that according to the complaint, the defendant’s father received retirement benefits under the Social Security Act. These benefits should have ceased when Al Shuaibi’s father died in August 2013. However, the Social Security Administration (SSA) continued to pay these benefits until February 2019, with the defendant spending the money. The resulting loss to the SSA was approximately $76,393.50.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 34-count superseding indictment charging seven defendants for their roles in a narcotics conspiracy. Defendants Rocco A. Beardsley, Tyler N. Tedesco, Miller Hagga, a/k/a Kido, Kylie M. Reeves, Garland Beardsley, a/k/a Charlie Beardsley, and Austin Gordon, are charged with narcotics conspiracy. Rocco Beardsley is also charged with engaging in a continuing criminal enterprise, conspiracy to commit money laundering, and possession of a firearm in furtherance of his drug trafficking activities. All six defendants faces up to life in prison if convicted.   

Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that according to the superseding indictment, between December 2018 and October 27, 2020, the defendants participated in a drug trafficking ring led by defendant Rocco Beardsley. The ring sold methamphetamine, heroin, fentanyl, acetyl fentanyl, cocaine, crack cocaine, and hydrocodone in the Jamestown area. The defendants are accused of selling the illegal substances to, among others, a person under 21 years old and a pregnant woman. The conspiracy utilized residences at 12 Bishop Street, 631 Newland, 711 Newland, 158 Sampson Street, and 20 W. Cowden Place, all in Jamestown, to manufacture and distribute drugs.

In addition, a seventh defendant, Giselle Bennett is charged with obstruction of justice. The indictment states that in October 2019, in testimony before the grand jury, Bennett concealed information regarding the drug use of an individual identified as J.A., the circumstances of J.A. and defendant Bennett’s acquisition of narcotics, and the circumstances surrounding a visit by defendant Rocco Beardsley to J.A.’s residence shared with defendant Bennett. She faces up to 10 years in prison if convicted.

The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendants Rocco Beardsley, Tedesco, Hagga, Reeves, Gordon, and Bennett were detained. Defendant Garland Beardsley was released on conditions.

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

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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