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 Robert Fitzgerald, of Rochester, NY pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to failing to collect and pay over payroll taxes to the Internal Revenue Service.  The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

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

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

Sentencing is scheduled for January 12, 2020, at 2:30 p.m. before Judge Geraci. 

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that his Office, working with the Federal Bureau of Investigation and their federal, State, and local partners, has put in place additional security awareness and monitoring measures in order to ensure the most secure settings for our elections. Kennedy has specifically assigned several Assistant United States Attorneys within his Office’s Criminal Division, led by Criminal Chief Timothy C. Lynch, to assist him in protecting the integrity of the election process and citizens’ right to vote and to oversee the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.

“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” stated U.S. Attorney Kennedy. “The Department of Justice will always act appropriately to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability).

The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Kennedy stated that the public may contact his office at (716) 843-5700.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (716) 856-7800.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

U.S. Attorney Kennedy further stated, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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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 Alfredo Diaz a/k/a Dindo, 57, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute, and distributing, fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Michael J. Adler and Evan K. Glaberson, who are handling the case, stated that in April 2020, investigators conducted three controlled purchases of fentanyl from the defendant. On May 13, 2020, searches were conducted of both Diaz’s residence as well as a storage unit he used. In the residence, investigators located approximately $8,000 in U.S. currency as well as drug distribution paraphernalia, including glassine bags and a digital scale. In the storage unit, a black 2016 Cadillac SRX sport utility vehicle registered to the defendant, as well as approximately $44,075 U.S. currency, was seized. The vehicle also contained a digital scale and packaging material. 

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; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Chautauqua County Sheriff’s Office, under the direction of Sheriff James Quattrone; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.; and the New York State Police, under the direction of Major James Hall.

Sentencing is scheduled for March 8, 2021, before Judge Vilardo.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Walter S. Duprey a/k/a Spoons a/k/a Waldo, 36, of Jamestown, NY, was arrested and charged by criminal complaint with being a felon in possession of ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, on April 30, 2020, the defendant and two other individuals were pulled over in a vehicle by Jamestown Police Officers. During the traffic stop, it was determined that the license plates on the vehicle actually belonged to another vehicle. In addition, officers observed three hypodermic needles in the driver side door panel in plain view. After stepping out of the vehicle at the request of officers, Duprey was patted down for weapons. Officers retrieved a green leafy substance from the defendant’s pocket, along with a 12 gauge shotshell. A search of the vehicle recovered a 12 gauge shotgun, ammunition, several digital scales, a red ski mask, a quantity of heroin, several cell phones, two laptop computers, an I-Pad, a bag containing flashlights, a paintball mask, and black duct tape. As a result, officers believed that the defendant and the two other individuals either had conducted an armed home invasion or were about to conduct an armed home invasion.

Duprey was convicted in 2005, 2006, and 2012 of felony charges in Dunkirk City Court, and as a result is legally prohibited from possessing ammunition.

The complaint is the result of an investigation by the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.     

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

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Brian Thomas, 60 of Elmira, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possessing child pornography. The charge carries a maximum penalty of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.

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

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

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

Sentencing is scheduled for January 11, 2021, before Judge Geraci. 

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Ameer Elashmawy, 28, of Rochester, NY, was charged by criminal complaint with unauthorized access of a protected computer and identity theft. The charges carry a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, the defendant was an Information Systems Security Support Coordinator at Trillium Health in Rochester, and was responsible for the company's information system security design and oversight. Elashmawy also assisted employees with their various IT needs as they arose. The defendant had administrative rights and could log onto other employee work accounts, however, he was not allowed to access personal accounts of employees or former employees.

On January 6, 2020, after an employee noticed unusual activity on the Trillium Health network and traced the activity to a device located at Elashmawy’s work area, Trillium Health contacted law enforcement and an investigation began into the defendant’s cyber intrusion into co-worker's accounts. The investigation included a review of three USB thumb drives, an HP laptop computer, two work Dell PCs a hard drive, and two Apple I-phones, and the suspect device. A preliminarily review of the items identified that at least 14 identified victims, all employees from Trillium Health, had their personal accounts (social media, I-cloud, etc.) compromised by Elashmawy. The data reviewed included personal explicit photos and videos of the victims as well as numerous photos of the victim’s driver’s licenses, credit cards, social security cards, and other personal data. During the course of the investigation and continued analysis of computer devices, it was learned that additional employees or former employees of Trillium Health had been victimized by the defendant.

As a result of Elashmawy’s alleged actions, Trillium Health has spent more than $100,000 to safeguard and protect its impacted employees.

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was 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 fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.      

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Regalbuto, 27, of New York City, was sentenced to serve 37 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that beginning in October 2014, the defendant sent multiple text messages to the Victim, threatening to publish naked photographs of the Victim on various social media websites. In one text message, Regalbuto stated: "I'll ruin your life the way you ruined mine." The defendant also sent a threatening text stating that he would kill the Victim and himself.

In 2017, without permission to do so, Regalbuto posted the naked photographs of the Victim on social media sites, resulting in multiple internet users seeing the photos along with the Victim’s name associated with the photos. Several individuals contacted the Victim after seeing the photos and asked if the Victim was the person in the photos, causing the Victim emotional distress.

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

ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr., announced today that Kevin E. McKinney a/k/a K-Born, 43, of Elmira, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 50 grams of methamphetamine, was sentenced to serve 200 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Robert A. Marangola, who handled the case, stated that the charges stem from a long-term, multi-agency investigation into the trafficking of large quantities of methamphetamine in the City of Elmira. On September 13, 2019, law enforcement executed a federal search warrant at an apartment at 916 Grand Central Avenue in Elmira. Officers seized over 1.1 kilograms of 95% pure methamphetamine, a quantity of heroin, and narcotics distribution paraphernalia. McKinney was arrested along with Jamal Anderson a/k/a Blaze, and Briana Hall. McKinney had over $3,200 in his pockets, as well as keys to the apartment at 916 Grand Central Avenue. The cash seized from McKinney has been forfeited as drug proceeds by the DEA.

McKinney obtained large quantities of methamphetamine in New Jersey, which he transported to Elmira. He stored and packaged the methamphetamine for distribution at various locations, including the Grand Central Avenue residence and residences on W. First Street and Henry Street. In addition, McKinney facilitated third-party purchases and directed the distribution of methamphetamine to others. During the conspiracy, McKinney and other members of the conspiracy also possessed firearms.

Brianna Hall was previously convicted and is awaiting sentencing.

Charges remain pending against Jamal Anderson. 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 sentencing is the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Gerace, 40, of Clarence, NY, pleaded guilty to possessing firearms in furtherance of drug trafficking crimes before U.S. District Judge John L. Sinatra, Jr. The charge carries a 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 between 2006 and January 28, 2019, the defendant was involved in the possession and distribution of marijuana, THC, cocaine, hydrocodone, and other federally controlled substances. On January 28, 2019, a federal search warrant was executed at the Gerace’s residence on Michael Douglas Drive in Clarence. Homeland Security Investigation special agents recovered quantities of marijuana and THC intended for distribution by the defendant, as well as 14 firearms and numerous rounds of ammunition for the various firearms. The firearms and ammunition were located in close proximity to the controlled substances, and also in close proximity to $103,360 in U.S. currency. As part of his plea, Gerace admitted that the firearms protected him, his proceeds, the location where he stored his controlled substances and currency, and the controlled substances, which had a conservative street value of approximately $98,850.  As part of his plea, the defendant also agreed to forfeit $103,360 as well as the firearms and ammunition seized from him on January 28, 2019.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Amherst Police Department, under the direction of Chief John Askey; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.    

Sentencing is scheduled for February 24, 2020, at 10:00 a.m. before Judge Sinatra. 

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned an indictment charging Daniel Rodriguez, 37, of North Tonawanda, NY, with possessing with intent to distribute cocaine and crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorneys Michael J. Adler and Evan K. Glaberson, who are handling the case, stated that according to the indictment and a previously filed complaint, on September 11, 2020, investigators established surveillance at a Center Avenue residence in North Tonawanda. The Town of Tonawanda Police Department had obtained search warrants for the residence, a Jeep Grand Cherokee, and a body warrant for the defendant, all relating to an ongoing investigation involving an August 2019 homicide in the Town of Tonawanda.

During the course of surveillance, the Jeep Grand Cherokee left the residence with a female driver and a male passenger. Shortly thereafter, a North Tonawanda Police Officer pulled over the vehicle. The passenger in the vehicle was identified as defendant Rodriguez. Town of Tonawanda Detectives arrived on the scene of the traffic stop and notified the defendant about the search warrants. During the search of the vehicle, detectives located and seized a plastic bag in the rear of the vehicle which contained a quantity of narcotics. Initial testing determined the narcotics were cocaine and crack cocaine.

The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger; and the North Tonawanda Police Department, under the direction of Chief Thomas E. Krantz.

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 Tasheka Stalling, 30, of Niagara Falls, NY, who was convicted of conspiring to possess with the intent to distribute and distributing 28 grams or more of crack cocaine, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Jeremiah E. Lenihan, who handled the case, stated that between November 2015 and January 26, 2017, the defendant conspired with her husband, Jermaine Ellison to sell crack cocaine.

Between November 12, 2015, and June 20, 2016, investigators conducted six controlled purchases of crack cocaine from Ellison. On August 30, 2016, Ellison was ordered into state custody by a Niagara County Court Judge to begin serving a previously imposed state sentence. While Ellison was being held in the Green Correctional Facility, Stalling conspired with him to continue selling crack cocaine to his customers in Niagara County. Stalling utilized Ellison’s cellphone contacts in order to communicate with buyers to distribute the crack cocaine. During their conspiracy, Stalling and Ellison discussed details related to the ongoing sales over recorded telephone calls from the correctional facility. Investigators made a total of 16 controlled purchases of crack cocaine from Stalling. 

As part of this investigation, Jermaine Ellison was also convicted federally and previously sentenced to serve 82 months in federal prison.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Niagara County Drug Task Force, under the direction of Acting Sheriff Michael Filicetti; the New York State Police, under the direction of Major James Hall; and the Niagara Frontier Transportation Authority, under the direction of Chief George Gast. 

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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 Amanda L. Rickard, 40, of Caneadea, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to aiding or assisting in the preparation of a false or fraudulent tax return. The charge carries a maximum penalty of three years in prison and a $100,000 fine. 

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that between 2011 until 2018, the defendant prepared income tax returns for friends and acquaintances. During that time, Rickard reported materially false information on her clients’ individual income tax returns.

For example, in April 2018, the defendant prepared and filed a tax return for Client 1, which identified a child, Dependent 1, as Client 1’s nephew and dependent. However, Dependent 1 was not Client 1’s nephew, and Client 1 did not provide support for Dependent 1 during 2017. As a result of the false statement, Client 1 claimed an entitlement to a tax refund to which Client 1 was not entitled.

Between 2011 and 2018, Rickard prepared and filed 23 individual tax returns which identified dependents that the taxpayer was not entitled to claim. The defendant maintained a notebook identifying the names, dates of birth, and Social Security numbers of a number of children—including Dependent 1—whose parents had not claimed them as dependents on their own tax returns. Rickard then used this information to prepare the materially false tax returns on her clients’ behalf. During that same time period, the defendant also prepared and submitted individual tax returns on behalf of taxpayers who had not authorized her to do so.

As part of her plea agreement, the defendant will pay the Internal Revenue Service restitution totaling $78,591. In addition, she will pay restitution of $19,722 to the New York State Department of Taxation and Finance.

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

Sentencing is scheduled for February 23, 2020, 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 Lance Parker, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that in July 2018, the defendant conspired with co-defendants Edgar Pavia, Adrian Goudelock, Eric Young, and others, to sell cocaine. Pavia is alleged to have brokered bulk quantity cocaine from the Southwest border to multiple areas in the country including Buffalo, NY, Kentucky, and Georgia. 

On July 25, 2018, defendant Parker met Young in a parking lot in West Seneca. Parker was observed by investigators removing a bag from his pick-up truck and putting it in the driver’s side of the tractor-trailer that Young was operating. Parker was further observed removing a different bag from the tractor-trailer. In addition to physical surveillance, helicopter surveillance also monitored the transaction. Investigators subsequently seized both bags, one contained 17 kilograms of cocaine, and the other contained 52 shrink-wrapped and taped bundles of currency, totaling $519,580. Law enforcement officers also found three plastic wrapped packages of bulk U.S. currency totaling $145,380 secreted in the tractor-trailer. A phone seized from Parker revealed text messages from co-defendant Goudelock with instructions where to go to find the tractor-trailer.

Charges remain pending against defendants Pavia, Goudelock, and Young. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by Homeland Security Investigations (HSI) - Buffalo, 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 New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard; HSI-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.

Sentencing is scheduled for February 23, 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 Savon Barnes, 28, of Buffalo, NY, was arrested and charged by complaint with possessing with intent to distribute, and distributing, fentanyl, possessing with intent to distribute heroin, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life.

Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that according to the complaint, in July 2020, the Drug Enforcement Administration and the New York State Police Violent Gang Narcotics Enforcement Team began an investigation into the narcotics trafficking activities of the defendant. Between September 3 and October 2, 2020, investigators conducted eight controlled purchases of suspected fentanyl from Barnes. On October 13, 2020, a search warrant was executed at the defendant’s Efner Street residence. Investigators recovered a 12-gauge shotgun and ammunition, approximately 462 grams of suspected heroin, and approximately 17 grams of suspected fentanyl.

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

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major James Hall; and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley.

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 Charles Williams, 49, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.

Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that according to the complaint, on October 1, 2020, investigators executed a search warrant at a residence on Hughes Avenue in Buffalo, after observing the defendant leave the residence. During the search warrant, investigators recovered $15,000 in cash, approximately nine ounces of a white powdery substance, a .22 caliber rifle, and a small amount of green leafy substance.

During the execution of the search warrant, a traffic stop was conducted on Williams’ vehicle and he was taken into custody.

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

The complaint is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Federal Bureau of Investigation-Buffalo, under the direction of Special Agent-in-Charge Stephen Belongia; and Homeland Security Investigations-Buffalo, under the direction of Special Agent-in-Charge Kevin Kelly.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Archie Butler, 42, of Buffalo, NY, and Jamielah Huggins, 37, of Kenmore, NY, were arrested and charged by complaint with possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Nicholas T. Cooper, who is handling the case, stated that according to the complaint, on October 16, 2020, law enforcement officers were conducting surveillance at the Aloft Hotel on Genesee Street in Cheektowaga, NY. Homeland Security Investigations received information regarding the possibility of a bulk narcotics transaction on that date involving defendant Butler, who is currently on post-release supervision with the New York State Department of Corrections and Community Supervision following a New York State drug-related felony conviction.

During surveillance, investigators observed Butler arrive at approximately 6:15 p.m. in a vehicle driven by defendant Huggins. Shortly thereafter, two Hispanic males exited the Aloft Hotel and approached Butler in the vehicle. The three men engaged in a brief conversation before Butler, Huggins, and the two Hispanic males all entered the hotel together. Butler was carrying a purple luggage bag. Approximately 15 minutes later, Butler and Huggins left the hotel, with Butler still carrying the purple bag. The two defendants were arrested by law enforcement officers at the scene.

Following their arrests, investigators searched the purple luggage bag and recovered five pressed powder cocaine bricks wrapped in cellophane and duct tape, weighing approximately 5.6 kilograms.

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer, Butler was detained, while Huggins was released on conditions.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Rhyan O. Stewart, 47, of Niagara Falls, NY, who was convicted of conspiring to possess with intent to distribute five kilograms or more of cocaine, and being a felon in possession of a weapon, was sentenced to serve 135 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in December 2016, co-conspirator John L. Maye arranged for the delivery of a U.S. Postal Service parcel to a residence on North Avenue in Niagara Falls, NY. The parcel contained a quantity of cocaine from a California source of supply that Maye intended to distribute in the Niagara Falls and Buffalo areas. Defendant Stewart and Maye offered to pay another individual to take delivery and safeguard the parcel.

Unbeknownst to Stewart, Maye, and the third individual, the parcel was intercepted by the U.S. Postal Service and was searched prior to its delivery. Five separately wrapped kilogram-sized bricks of cocaine were discovered inside. Sham material was substituted for the cocaine and controlled delivery of the package was conducted on December 27, 2016, at the North Avenue residence.

As instructed by Stewart, the third individual received the package, signed for it, and brought it inside the residence. During the delivery, Stewart and Maye conducted counter-surveillance, and observing the presence of law enforcement, the two instructed the individual to leave the residence without the package. The individual left the residence, and the parcel containing the sham material was recovered from within the residence shortly thereafter. Subsequently, on October 13, 2017, the Niagara Falls Police Department received a citizen complaint alleging that Stewart had stored a quantity of controlled substances in the basement of his residence on LaSalle Avenue in Niagara Falls. During a search of the residence, officers recovered two firearms, including one that was reported stolen, and a quantity of cocaine.  Stewart was previously convicted on three different occasions in Niagara County Court and is legally prohibited from possessing a firearm.

John Maye was previously convicted and is awaiting sentencing.

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

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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 Mikel Lowe, aka L-O, 25, of Buffalo, NY, who was convicted of racketeering conspiracy, possessing with intent to distribute crack cocaine, and possessing firearms in furtherance of drug trafficking crimes, was sentenced to serve 108 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 between 2010 and August 28, 2018, the defendant was an associate with the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” He conspired with several other associates to sell drugs, commit robbery, retaliate against witnesses, and commit assault. CBL/BFL operated within a specifically defined geographic area on the East side of Buffalo. Gang members and associates engaged in drug trafficking to generate income and violent crimes to maintain control over their territory.

On January 8, 2012, the defendant, brandishing a firearm, approached Victim A at a gas station on Jefferson Avenue and demanded Victim A’s property. Victim A complied and provided defendant with jewelry that Victim A was wearing. Victim B, having witnessed the foregoing incident, subsequently testified about it in Buffalo City Court.  Thereafter, in March of 2012, Victims A and B were traveling in a vehicle in the Towne Gardens neighborhood when the defendant began following them in a separate vehicle, displayed a firearm in violation of a Buffalo City Court order of protection, and threatened to cause physical injuries to Victims A and B because of their status as witnesses to the January robbery. 

Between March 2015 and 2017, an individual working with investigators met the defendant in the City of Buffalo at various locations, such as the Towne Gardens, for the purposes of purchasing heroin. The individual met the defendant on an almost daily basis and purchased at least .1 grams of heroin on each occasion and purchased one gram of heroin at least 100 times. 

On February 28, 2017, the defendant was in the Towne Gardens when Buffalo Police Officers observed him with a loaded 9mm firearm. The officers chased Lowe and arrested him. In addition to the firearm, the defendant was found in possession of quantities of a mixture of heroin and fentanyl and crack cocaine, and packaging for the distribution of heroin and fentanyl.

On June 8, 2017, FBI agents attempted to arrest Lowe. Agents surrounded 1190 East Lovejoy Street in Buffalo and knocked to announce their presence. Soon after, an agent observed an object being thrown from 1190 East Lovejoy toward the building next door. The defendant was arrested and 1190 East Lovejoy was searched. Agents recovered two boxes of 9mm ammunition, a quantity of marijuana, a .45 caliber pistol, two digital scales, a blender, a scale clap, a bottle of Vitablend, commonly used to mix narcotics, packaging material for heroin and marijuana, a razor blade. On the roof of the building next door, agents recovered a shotgun with ammunition. The recovered pistol contained a DNA profile that matched Lowe’s DNA profile. The recovered shotgun contained a DNA profile mixture of three individuals and the defendant could not be excluded from the mixture.

Lowe is one of 13 members and associates of the CBL/BFL Gang to be convicted in this case. He is the 11th to be sentenced. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John E. Kidd, 37, of Buffalo, NY, who was convicted of conspiring to distribute, and distributing, 500 grams or more of cocaine, being a felon in possession of ammunition, and violating supervised release, was sentenced to serve 132 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on April 25, 2017, the defendant was released from federal prison after serving 72 months on a cocaine conviction. Following his release, Kidd started selling cocaine and marijuana to customers in and outside of the City of Buffalo. On October 24, 2017, the defendant agreed to sell two and a half ounces of cocaine to an individual. Law enforcement officers approached Kidd as he was entering his vehicle to meet the individual to conduct the sale. He possessed approximately 101 grams of cocaine and 61 grams of marijuana.

The United States Probation Office, assisted by the Drug Enforcement Administration, then conducted a search of the defendant’s St. Joseph Street residence in Buffalo. During the search, they recovered packaging materials, rubber gloves, baking powder, a metal plate with suspected cocaine residue, scales, a money counter, and small amounts of suspected cocaine and marijuana. Also recovered were four rounds of 12 gauge ammunition. As a result of prior felony convictions, Kidd is prohibited from possessing ammunition. In addition, investigators seized $402,206 in U.S. currency hidden in the dry wall of the defendant’s residence, which represents the proceeds of cocaine and marijuana trafficking.

The sentencing is the result of an investigation by and the U.S. Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.    

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Stuart, 32, of Cheektowaga, NY, was arrested and charged by complaint with possession of child pornography, possession of a firearm by an unlawful user of a controlled substance, and manufacturing of marijuana plants. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, on October 19, 2020, members of the FBI Buffalo Child Exploitation Task Force, and the Cheektowaga Police Department executed a search warrant at a residence on Cleveland Drive in Cheektowaga, looking for evidence of the possession of child pornography. During the search, investigators seized two laptop computers, a cellphone, two hard drives, and a desktop computer tower from the residence. During the search, investigators also discovered a bedroom that was transformed into a marijuana growing operation. The room consisted of a tent housing approximately five mature marijuana plants, and four smaller plants, being grown hydroponically. Approximately one pound of dried marijuana ready for use, approximately six pounds of wet marijuana, and a quantity of psilocybin mushrooms were also seized. Three firearms, including one loaded with nine rounds of ammunition, were also found in the residence.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a two week trial, a federal jury has convicted Jawayne Watkins, 32, aka Weezy, of Buffalo, NY, of conspiracy to possess with intent to distribute heroin and 4-fluoroisobutyryl fentanyl, possessing with intent to distribute, and distributing heroin and 4-fluoroisobutyryl fentanyl, possessing with intent to distribute, and distributing heroin and 4-fluoroisobutyryl fentanyl, causing serious bodily injury to, and the death an individual. Watkins faces a mandatory penalty of life in prison.

“While this Office has charged numerous individuals with distributing deadly opiates that resulted in the death of another individual, Watkins is only the second defendant so-charged to choose to exercise his constitutional right to a jury trial,” stated U.S. Attorney Kennedy. “Both Watkins and his predecessor, Dontrell Wise, were convicted at trial, and both, having previously been convicted of drug offenses, face mandatory life sentences as a result. The message should be clear.  If you peddle this poison and someone dies from the drugs you provide, then your cost of doing business will be to have to spend at least 20 years—if not the rest of your life—in jail. That you may not have intended to kill or even hurt anyone won’t entitle you to any discounts.”

Assistant U.S. Attorneys Michael J. Adler and Meghan E. Leydecker, who handled the prosecution of the case, stated that Watkins sold heroin and 4 fluoroisobutyryl fentanyl. 4 fluoroisobutyryl fentanyl is a rare and extremely dangerous fentanyl analogue.

On at least two occasions, in July 2017, and on November 9, 2017, Homeland Security Investigations made controlled purchases from the defendant. The substances purchased from Watkins later tested positive for heroin and 4 fluoroisobutyryl fentanyl. On November 10, 2017, an individual identified as A.C. died after taking a substance received from Watkins. Toxicology reports following the victim’s death indicated she had heroin and 4 fluoroisobutyryl fentanyl in her system. During the investigation, law enforcement officers also made other seizures of the deadly substance from the defendant. 

Watkins was on New York State parole and living in a halfway house at the time of his arrest in November 2017.

The verdict is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.    

Sentencing is scheduled for January 29, 2021, at 1:30 p.m. before U.S. District Judge Richard J. Arcara who presided over the trial of the case. 

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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 Donnie Lee Jackson, 31, of Rochester, NY, a registered sex offender and New York State parolee, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography, including prepubescent images. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that the defendant, in May 2017, was found to be in possession of a cellular telephone that contained approximately 50 videos and 13 images of child pornography, some of which depicted prepubescent minors or minors under 12-years-old. Previously, in 2010, the defendant had been convicted in New York State Court of Sexual Abuse in the First Degree, after defendant engaged in sexual conduct with an individual under 11-years-old on multiple occasions.  

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

Sentencing is scheduled for January 25, 2021, at 9:30 a.m. before Judge Siragusa. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that the Department of Justice, Office of Justice Programs, has awarded five grants totaling $3,817,765 to Erie and Monroe Counties, The Seneca Nation of Indians, and the City of Buffalo, to address substance abuse and mental health issues in the community. 

Erie County will receive $1,200,000 and the Seneca Nation of Indians will receive $595,366 under the Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program (COSSAP). The program provides financial and technical assistance to states, local governments, and Indian tribal governments to develop, implement, or expand comprehensive efforts to identify, respond to, treat, and support those impacted by illicit opioids, stimulants, and other drugs of abuse.

Erie County will use its funding to expand its Quick Response to Overdose Program, which includes naloxone distribution/deployment by law enforcement, police remotely referring overdose survivors from the field to Medication Assisted Treatment (MAT) in emergency departments, and connecting survivors to public health peer teams for follow-up and navigation to long-term treatment

The Seneca Nation of Indians will use its funding for the Native Connections Clubhouse Program (SNNCP), which provides opioid, stimulant, and substance abuse education, prevention, and intervention programming. The program connects law enforcement agencies with K-12 students and provides ongoing community support systems for at-risk youth. This project serves the Seneca Nation of Indians Tribe, and includes partnerships between Lakeshore Central Schools and Silver Creek Central Schools.

The City of Buffalo will receive $746,317, and Monroe County will receive $653,199 under the Justice and Mental Health Collaboration Program, which supports cross-system collaboration to improve public safety responses and outcomes for individuals with mental illnesses or co-occurring mental illness and substance abuse issues who come into contact with the justice system.

The City of Buffalo and Monroe County will both place social workers and/or mental health professionals in law enforcement agencies to assist officers during encounters with people in mental health crisis. Funds will be used to pay for salaries as well as other expenses such as training and other coordination activities to ensure implementation of the collaborative program.

Additionally, Monroe County will also receive $622,883 under the Juvenile Justice and Mental Health Collaboration Program. The Monroe County Office of Probation-Community Corrections will partner with the Monroe County Office of Mental Health to form the Creating Alternative Pathways for Success (CAPS) program. A specialized probation officer will work in collaboration with the juvenile justice and mental health coordinators to identify and streamline case management and services to youth involved in the juvenile justice system with mental illness or co-occurring mental illness and substance abuse to provide targeted assessment, treatment, and follow-up. The target population will include both diversion and adjudicated youth as well as those placed in juvenile detention who are involved with probation.
 
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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 David Gfeller, 35, of Palmyra, NY, who was convicted of producing child pornography, was sentenced to serve 15 years in prison and 15 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on February 12, 2019, Homeland Security Investigations in Buffalo received information, from an international law enforcement network, that child pornography, which potentially originated in Western New York, had been recovered by authorities in various countries, including Germany, Belgium, Italy, Portugal, and France. The child pornography depicted a prepubescent minor.

With assistance from the Royal Canadian Mounted Police, Homeland Security Investigation Special Agents used data associated with the images to locate the residence at which the images had been produced. The victim was located. On March 1, 2019, investigators executed a search warrant at the defendant’s residence and arrested Gfeller for producing the child pornography.   

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, with assistance from the Royal Canadian Mounted Police and the New York State Police. 

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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 Jenna Vandemortel, 29, of Ontario, NY, was charged by criminal complaint with theft of mail. The charge carries 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, in March and April 2020, the defendant was observed on several occasions stealing outgoing mail from various mailboxes. Vandemortel was also captured on surveillance video cashing stolen and altered checks at Wegmans stores. To date, 38 checks with an aggregate value of $2,557.57 have been identified as stolen and cashed by the defendant.

Vandemortel made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released on conditions pending further proceedings.

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the New York State Police, under the direction of Major Barry Chase; the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts; and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Bailer, 35, of Jamestown, NY, who was convicted of receipt and possession of child pornography, was sentenced to serve 150 months in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that on July 11, 2018, the Jamestown Police Department received a complaint from a parent that her minor children, Victim 1 and Victim 2, may have been sexually abused by the defendant. The parent stated that she was told by the defendant’s sister that a series of concerning pictures, sexual in nature, were sent on a Nokia cellular telephone that was used by the defendant.

Bailer was subsequently arrested on a warrant out of Missouri related to a burglary case. During a search of the Nokia cellular telephone, investigators recovered several hundred images of images of child pornography involving sexually explicit conduct by prepubescent and pubescent children.

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 Jamestown Police Department, under the direction of Acting Chief Timothy Jackson.

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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 Miquise Jones, a/k/a Scaife, 24, of Buffalo, NY, who was convicted of racketeering and narcotics conspiracy, was sentenced to serve 188 months in prison by U.S. District Judge Lawrence J. Vilardo. In addition, Shanna Smith, 25, of Buffalo, NY, who was convicted of making false declarations before a federal grand jury and obstruction of justice, was sentenced to serve 48 months in prison.  

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

The proof against Jones established that on August 21, 2015, the defendant drove a vehicle on Dodge Street Buffalo with two co-defendants who shot at Victim J, a rival gang member, in retaliation for the shooting of Larell Watkins. On August 30, 2015, Jones drove a vehicle to Genesee and Crossman Streets in Buffalo, with two co-defendants who shot at Victim K, a rival gang member. On September 21, 2015, at East Ferry Street in Buffalo, the defendant drove a vehicle with three co-defendants, and one of those co-defendants exited the vehicle, fired a gun numerous times at Victim L, a rival gang member. Victim L sought refuge in a store and the co-defendant then opened up the door to the store and began to shoot inside of the store. Victim L was struck in his arm and sustained injuries. Approximately 20 minutes later, Jones drove the vehicle in the area of Genesee and Crossman Streets in Buffalo. Another co-defendant in the car fired shots and struck Victim K, a rival gang member.

On April 4, 2016, the defendant appeared in a video on Snapchat and displayed three firearms. On June 4, 2016, Jones was in a vehicle stopped by the Buffalo Police Department and possessed a Beretta semi-automatic pistol with ammunition.  On December 11, 2016, the defendant was at Skyzone in Cheektowaga, NY when rival gang members shot at members of CBL/BFL. Jones and others agreed to retaliate.  The defendant drove to the bar called The Groove in Buffalo where a co-defendant fired gunshots at Victim L, a rival gang member.  On June 2, 2017, in the Towne Gardens, Jones possessed marijuana packaged for distribution.

On July 31, 2018, defendant Smith, while under oath, lied to a federal grand jury regarding the murder of Xavier Wimes on January 1, 2017, and the role of her cousin, Dalvon Curry, in that murder. Curry was also a member of the CBL/BFL Gang. Smith testified that she was with Curry the night that Wimes was shot dead outside the Towne Gardens Apartments. The defendant stated that there were approximately 20 guys around Wimes at the time he was shot: “Zave was fighting them, but I didn't - then I heard gunshots, but I didn't see who shot him. I just heard gunshots.” Smith also testified that as police officers arrived, she saw the gun on the ground in the grass near the sidewalk. Smith denied seeing someone throw it. Smith stated: “Dal picked it up. I mean, he was probably trying to take it, but he threw it in the bushes when he saw the cops.”  In February 2020, a federal jury convicted Dalvon Curry, of murder in aid of racketeering for the death of Xavier Wimes. He is awaiting sentencing.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Eugene Gosy, 60, of Clarence, NY, who was convicted of conspiracy to distribute controlled substances and healthcare fraud, was sentenced to serve 70 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

“The Hippocratic Oath requires physicians to do no harm,” noted U.S. Attorney Kennedy, “and the defendant’s crimes in this case—prescribing drugs outside the reasonable practice of medicine and without a legitimate medical purpose and healthcare fraud—clearly did harm to certain of his patients and to our healthcare system. But this prosecution—and the public debate it sparked—also brought with it an unintended benefit in helping to diagnose and identify some of the underlying conditions and factors which may have contributed not only to defendant’s crimes but to the larger opioid crisis generally. From a healthcare system, which, in 2001, decided to treat pain as a 5th vital sign, thereby incentivizing a surge in opioid prescriptions; to a pharmaceutical industry, which developed and aggressively marketed powerful opioids, all the while minimizing their risks and exaggerating their benefits; to an educational system, which failed appropriately to educate and train healthcare professionals regarding all of the dangers or these powerful drugs and how to deal with patients suffering from addiction; to a medical community, which was too willing to refer its most difficult cases and problematic patients to a single provider who was perhaps too willing to take them; to a criminal justice system, which was slow to recognize that it would be unable simply to arrest its way out of the problem—there is, when it comes to the opioid crisis, plenty of blame to go around. But this prosecution is not about blaming anyone. My Office does not prosecute people; we prosecute violations of federal law.  Today’s sentence simply holds one person—Dr. Eugene Gosy—responsible for the criminal violations of federal law he committed. Nothing more. Nothing less.”

“Opioid fraud schemes have devastated many communities around this country. Today’s sentencing demonstrates our commitment to hold accountable individuals whose reckless prescribing pose a danger to the public and contribute to the ongoing opioid epidemic," said Special Agent-in-Charge Scott J. Lampert, of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations' New York Region. “In coordination with our law enforcement partners, we will use all available resources to thoroughly investigate crimes involving opioids and other prescription drugs.”
“Our investigation into Dr. Gosy’s role in the illegal proliferation of pain medication at the height of opioid epidemic was vindicated by his guilty plea, earlier this year,” stated DEA Special Agent-in-Charge Ray Donovan. “Today’s sentencing emphasizes law enforcement’s commitment to saving lives by investigating, arresting, and prosecuting those responsible for fueling opioid addiction and overdoses.”

“Gosy's plea laid bare his criminal indifference to the well-being and health of many of his patients and their families,” said Stephen Belongia, Special Agent-in-Charge of the FBI's Buffalo Office. Gosy's practice of medicine placed a higher value on profit through fraud than the fragile lives of those who came to him for help. After his arrest, many expressed support for Gosy believing his treatments were based on good judgment and sincerity, but investigation revealed and his plea prove this was not the case. There is no doubt that Gosy exploited his patients’ pain for profit, at a tragic cost. This case demonstrates the importance of protecting patients suffering from chronic pain from those willing to capitalize on their suffering.”

Assistant U.S. Attorneys Brendan T. Cullinane, Jonathan P. Cantil, and Charles J. Volkert, who handled the case, stated that in carrying out the conspiracy, Dr. Gosy and his employees at the Gosy Center, which included nurse practitioners and physician assistants working under Dr. Gosy’s direction and control, issued more prescriptions for controlled substances annually than any other prescriber or prescribing entity in New York State, including hospitals. Specifically, Dr. Gosy and his employees carried out their conspiracy by:

• prescribing controlled substances without conducting a physical examination and/or after conducting only a limited and inadequate physical examination;

• prescribing controlled substances in ways that were likely to cause, and did cause, dependence and addiction, and that contributed to existing addictions;

• issuing prescriptions for controlled substances in dosages and/or in combinations dangerous to the health and safety of the patient;

• issuing prescriptions for controlled substances despite indications that patients were abusing and misusing the prescribed controlled substances;

• prescribing controlled substances without monitoring or using objective treatment information;

• recommending a course of treatment, including the prescription of controlled substances, which caused patients to become so addicted to opioid drugs that some eventually utilized heroin and other street drugs, in order to satisfy their addiction;

• issuing prescriptions for controlled substances to patients despite knowing that such patients had overdosed, or had otherwise been hospitalized for conditions relating to misuse of controlled substances;

• continuing to prescribe controlled substances in the same manner, and failing to adapt practices to prevent additional deaths and overdoses, despite having notice that treatment they were following had resulted in obvious drug-seeking behavior and addiction; numerous patient overdoses; and patient deaths;

• signing death certificates, in the absence of an autopsy or medical examination, for deceased patients to whom Gosy and/or his employees had prescribed controlled substances despite aberrant behaviors;

• recommending a course of treatment, including the prescribing of controlled substances, which caused the death of at least six individuals, and contributed to the deaths of others;

• utilizing a telephonic patient prescription renewal process, whereby patients could obtain prescriptions for Schedule II, III and IV controlled substances that were prepared by persons who were not medically trained and issued by mid-level providers who had inadequate knowledge about the prescription and the patient, and without adequate review of the prescription and the patient’s chart;

• Dr. Gosy pre-signing blank prescriptions and permitting other persons to fill out the remaining information for the prescription, when he would leave the Buffalo area for extended periods;

• Dr. Gosy failing properly to review and sign his own patient file notes, and arranging for other, non-medical, personnel to sign said patient file notes, to make it appear as if he had reviewed them;

• Dr. Gosy failing properly to review patient file notes/reports prepared by mid-level providers working under his supervision and working in collaboration with him, and arranging for other, non-medical, personnel to sign said patient file notes, to make it appear as if he had reviewed them;

• failing adequately to review records provided to the office from other providers, and failing to obtain a complete patient history and information about present illness and conditions;

• prescribing controlled substances to individuals while failing to refer the patient to and/or ensure compliance with drug addiction treatment despite aberrant behaviors, and requests from patients and/or their family members for help with addiction;

• prescribing methadone to individuals exhibiting aberrant behaviors, outside of a methadone clinic setting, and without employing additional safety precautions or referring the patient to addiction treatment;

• Dr. Gosy, beginning in 2008, circumventing state and federal regulations by prescribing buprenorphine for the treatment of narcotics addiction, improperly using his regular DEA number, and sometimes labeling the prescriptions as for “pain management,” even when the drug was being prescribed primarily for the purpose of treating narcotics addiction;

• Dr. Gosy issuing prescriptions to patients for buprenorphine, a Schedule III controlled substance, for the treatment of narcotics addiction, without having completed the required medical training course in order to be a “qualifying physician” to treat narcotics addiction;

• Dr. Gosy failing to complete training requirements, including Continuing Medical Education courses, Worker’s Compensation training, and Infectious Disease Control training, and instead requiring members of his office staff to take the online courses purporting to be the defendant; and

• Dr. Gosy engaging in prescribing patterns whereby high-risk patients that had run out of their prescribed opioids were given buprenorphine until Dr. Gosy could again prescribe other opioids. 

Other practices adopted and used in defendant Gosy’s office included the following:

• Mid-level providers (Physician Assistants and Nurse Practitioners) were encouraged to maximize volume of patients seen. Providers who saw certain volumes of patients received monetary bonuses, and/or gifts.  Providers who saw less patients were threatened with pay cuts.  Providers also earned credit towards bonuses for performing certain, more lucrative procedures on patients.  

• Beginning in 2012, a “script line” was established which allowed patients seeking prescriptions, who were not scheduled for an office visit, to call and request a prescription. The “script line” was attended to by individuals with no medical training or certification. They were responsible for drafting the requested prescriptions with the proper drug and dosage, checking the patient’s file for “alerts,” and the New York State iStop program, a Prescription Monitoring Program. Each week a mid-level provider was designated to sign all, or almost all, prescriptions requested through the “script line.” This typically amounted to hundreds of prescriptions per day, many of which were for patients whom the practitioner had never seen and/or with whom the practitioner had little or no familiarity.
 
• A system was in place for ordering urine drug tests whereby, once the test was ordered, an employee other than the treating practitioner would typically fill out the request form for the laboratory. As a result, the drug screens often tested for the presence or absence of drugs other than those actually prescribed to the patient. However, as part of the usual course of medical practice, urine drug tests should have been ordered and reviewed in consultation with the patient’s medical file, including history and list of current prescribed medications.  This is because urine drug testing provided valuable objective information to assist in diagnostic and therapeutic decision making, provided confirmation of compliance with the treatment plan, and provided indication of overutilization of prescribed drugs, diversion/non-use of prescribed drugs, the use of prescription drugs not prescribed to a particular patient, and/or the use of alcohol or illicit street drugs.

• As with the “script line,” toxicology results, including urine drug screens, were reviewed by a mid-level provider, many of whom had never seen the patient and/or with whom the practitioner had little or no familiarity. As a result, tests were often labeled as “consistent,” and not given appropriate attention, even when the tests showed the presence of a non-prescribed drug, or the lack of a prescribed drug.

• Patient records often contained incorrect or insufficient information to justify a diagnosis and warrant treatment. Mid-level providers frequently dictated their office notes, failed to review their notes after transcription, and “batch signed” large quantities of notes without review. In addition, Dr. Gosy rarely, if ever, signed his own notes, and arranged for others to affix his signature to office notes and patient files, in order to facilitate more expeditious billing.

The sentencing is the result of an investigation by the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Scott Lampert; the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in- Charge, New York Field Division; the Federal Bureau of Investigation’s Western New York Health Care Task Force, under the direction of Special Agent-in-Charge Stephen Belongia; the Army National Guard - New York National Guard Counterdrug Task Force, under the direction of Lt. Col. Nicholas Dean; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; the New York State Office of the Workers’ Compensation Fraud Inspector General, under the direction of Inspector General Letizia Tagliafierro; and the New York State Bureau of Narcotics Enforcement.  

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

BUFFALO, NY--The Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.

“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences.  The Department of Justice is committed to investigating and prosecuting individuals, who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”

“In this District, we increased in the number of defendants charged with federal gun crimes during FY 2020 by over 50%,” stated James P. Kennedy, Jr., United States Attorney for the Western District of New York.  “It has been more than a decade since that many defendants have been charged with federal gun crimes here in Western New York.”

Kennedy went on to explain, “the historic number of gun prosecutions being brought here this year is attributable to the historic number of shootings we have seen.  The sad reality is that many residents in our District live in poor, violence–riddled neighborhoods in which the fear of gun violence is omnipresent.  The leading cause of death for young black males in this country is homicide, and most often, those homicides involve illegal guns.  Those of us working in law enforcement recognize that each of those lives lost—and the lives of all those living in these violent neighborhoods—matter.  For that reason, we remain undeterred in our mission to hold accountable all those in our community who fail to meet societal expectations for behavior—as expressed in our Nation’s laws.  But as we undertake that task with vigor, please remember, we are not focusing our policing efforts on the gun crimes because we are out to get anyone—rather, we are doing it because we are out to protect everyone.”

“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo.  “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions.  ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”

Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime.  It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense.  The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement such as the National Integrated Ballistic Information Network, known as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime. 

For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473. 

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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 Yeison Lopez-Martinez, 19, a native of Guatemala living in Trenton, New Jersey, with enticing a minor to travel and transportation of a minor to engage in sexual activity. 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 indictment, between March and April 2, 2020, the defendant enticed a minor victim to travel from New Jersey to New York to engage in sexual activity. In addition, on March 30, 2020, Lopez¬ Martinez, transported the minor victim from New Jersey to New York with the intent to engage in sexual activity.

The defendant made an initial appearance in U.S. District Court in New Jersey and was detained. Lopez-Martinez will be returned to the Western District of New York at a later date.

The indictment 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, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard C. Miller, 53, of Forestville, NY, who was previously convicted of receipt and possession of child pornography, was sentenced to serve 20 years in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between 2006 and 2009, Miller produced child pornography by filming himself engaged in a sexual act with a minor. Between January 2016 and March 2017, Miller and co-defendant Joseph Harvey exchanged images of child pornography and engaged in illicit discussions regarding child pornography and pedophilia. In addition, a search of the residence shared by the defendants revealed multiple electronic devices that contained child pornography. 

Joseph Harvey was previously convicted and sentenced to serve 96 months in prison.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Frank Salerno, 31, of Pittsfield, Massachusetts, who was convicted of receiving child pornography, was sentenced to serve 15 years in prison by U.S. Chief Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that in 2019, the defendant engaged in sexually explicit online conversations with a 14 year-old minor who lived in Western New York. During those conversations, Salerno induced the minor to produce and send to him images child pornography. The defendant’s actions were ultimately reported to police, and he was arrested in Massachusetts in December 2019.   

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcos D. Guzman, 36, of Rochester, NY, who was convicted of theft of firearms from a Federal Firearms Licensee, possession of firearms by a convicted felon, and fraudulent representations about the receipt of military medals, was sentenced to serve 20 years in prison by U.S. District Judge Elizabeth A. Wolford. Guzman was also ordered to pay $41,500 in restitution to August Chinappi, former owner of Chinappi’s Firearms & Supplies.

“Guzman is the opposite of a hero,” stated U.S. Attorney Kennedy. “The heartless crimes that he and his co-conspirators committed continue to bring harm and wreak havoc in our community as the guns that they stole and sold on our streets almost inevitably end-up in the hands of those who acquire them for criminal purposes. The crimes they committed are acts of treason against the safety and well-being of our community.” 

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant, along with co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto, broke into Chinappi’s Firearms & Supplies, a gun store on West Ridge Road in Spencerport, NY, in the early morning hours of August 16, 2018. Defendant Sarfaty entered the basement through a hole in the wall and, together with Guzman and Marcano-Agosto, stole approximately 87 firearms, most of which were handguns. Many of the firearms were sold on the streets of Rochester.

In April 2019, Guzman pleaded guilty for his role in the gun story burglary. The defendant then lied to the U.S. Probation Office about his military service and being awarded two Purple Hearts in order to try to get a lower sentence on his pending firearms offenses. Specifically, Guzman lied about serving in the United States National Guard, being deployed to Iraq for 18 months, and receiving two Purple Hearts for saving another soldier on the battlefield in Iraq. The defendant provided photographs to the U.S. Probation Office that purported to show the two Purple Heart certificates. The Purple Heart certificates were fake.

Co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto were previously convicted for their roles in the gun store burglary. Sarfaty was sentenced to serve 175 months in prison, while Marcano-Agosto is awaiting sentencing.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Acting Chief Mark Simmons; the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri; and the Yates County Sheriff’s Office, under the direction of Sheriff Ron Spike.

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Jake Seright, 40, of Niagara Falls, NY, who was convicted of possessing with intent to distribute 40 grams or more of fentanyl, was sentenced to serve 132 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that on five separate occasions between October 2018 and June 2019, the defendant sold fentanyl and cocaine to an individual working with the Drug Enforcement Administration. At approximately 11:20 p.m. on August 5, 2019, a stop was conducted of the defendant’s vehicle, and Seright was arrested after a quantity of marijuana was discovered. The defendant was also in possession of approximately $500 in cash and $625 worth of money orders. On August 6, 2019, a search warrant was executed at Seright’s apartment on Zito Drive in Niagara Falls. Investigators recovered a digital scale, suspected cocaine and fentanyl, cutting agents, a kilogram press, and a vacuum sealer with bags.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in Charge Ray Donovan, New York Field Division, and the 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Logan Nedo, 34, of Irondequoit, NY, who was convicted of producing child pornography, was sentenced to serve 30 years in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on May 19, 2019, Nedo turned himself in to the Brighton Police Department after allegedly sexually abusing two minor children. After discovering that the abuse primarily took place in the Town of Irondequoit, the Brighton Police Department turned Nedo over to the Irondequoit Police Department. Irondequoit Police continued the investigation, which ultimately led to the arrest of the defendant on state charges involving the physical sexual abuse of the children.

During their investigation, Irondequoit investigators discovered that Nedo had produced and saved videos and images of the abuse. As a result, several electronic items were seized from the defendant’s home and person turned over to the FBI Child Exploitation Task Force for processing. In addition to videos and photographs depicting the sexual abuse of the minor victims, approximately 2,500 images of unrelated child pornography were also discovered.

The sentencing is the result of an investigation by the Irondequoit Police Department, under the direction of chief Alan Laird; the Brighton Police Department, under the direction of Chief David Catholdi; and the Federal Bureau of Investigations Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia. Additional assistance was provided by the Regional Computer Forensics Laboratory and the Bivona Child Advocacy Center. Nedo is also facing a parallel New York State prosecution by the Monroe County District Attorney’s Office.      

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

ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Austin Pratt, 32, of Conesus, NY, pleaded guilty to enticement of a minor before U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

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

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

Sentencing is scheduled for January 11, 2021, at 3:30 p.m. before Judge Wolford.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Sachin Aji Bhaskar, 24, of India, who was convicted of sexual enticement of a minor, was sentenced to serve 20 years in prison by Senior U.S. District Judge William J. Skretny.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant met the 11 year-old minor victim online and communicated with the minor victim through text messages. On August 11, 2018, Bhaskar coerced the victim to have sex with him. The defendant picked up the victim at the victim’s residence in Buffalo, NY, and took the victim to an apartment where the defendant was staying at the time in Williamsville, NY. The minor victim’s mother called the Buffalo Police after discovering what had happened when the minor victim returned home the following morning.

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 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, NY – Today, the Department of Justice announced it has charged more than 500 domestic violence cases involving firearms during Fiscal Year (FY) 2020. A Department priority since 2019 when Attorney General William P. Barr created the Department of Justice’s first ever-Domestic Violence Working Group, these charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made domestic violence firearms-related investigations a priority.

“Keeping firearms out of the hands of dangerous criminal offenders is one of the Department of Justice’s top priorities,” said Attorney General Barr. “This is especially important when it comes to individuals with prior domestic violence convictions. The statistics are clear that when domestic violence offenders have access to guns, their partners and their families are at much greater risk of falling victim to gun violence. In fact, in some communities across America, roughly half of the homicides are related to domestic violence. The Department of Justice is committed to keeping guns out of the hands of those who are prohibited from having them, and we will continue investigating and prosecuting all domestic violence firearms related crimes.”

“According to the CDC, data suggests that about one in six homicide victims are killed by an intimate partner,” said ATF Acting Director Lombardo. “Nearly half of female homicide victims in the U.S. are killed by a current or former male intimate partner. ATF is committed to aggressively pursuing prohibited possession of firearms due to domestic violence convictions and certain protective orders. It is another way we prevent violent gun crime within our communities.”

“Domestic violence is a violent crime that destroys one of the most important bonds necessary to hold us together as a Nation—the family bond,” stated U.S. Attorney Kennedy. “When illegal guns end up in the hands of an individual with a history of domestic violence, the results are often deadly. Preventing abusers and criminals from getting guns remains a top priority for my Office, and we will continue to work relentlessly with our law enforcement partners at the local, state, and federal levels in that life-saving effort.”  

Here, in the Western District of New York: • Michael T. Blajszczak was charged and convicted of possession of a firearm by a person subject to a domestic violence order of protection, and sentenced to serve 12 months in prison. On April 27, 2019, a six-month domestic violence order of protection was issued in Cheektowaga, NY, Town Court against the defendant, who was an Erie County Sheriff’s Deputy at the time. As a result of that order, Blajszczak was prohibited from possessing any firearm during the time period for which it was in effect. On May 2, 2019, the defendant knowingly possessed a .22 caliber rifle and 11 rounds of ammunition.
• Charges remain pending against defendant Arthur Everett, who is accused of possessing firearms while subject to domestic violence protective order. According to an indictment against the defendant, on May 8, 2019, Everett, knowing he was subject to a restraining order issued by Erie County Court, knowingly possessed seven firearms, including five pistols, a revolver, and a semi-automatic handgun. 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.

Under federal law, individuals with domestic violence misdemeanor and felony convictions, as well as individuals subject to domestic violence protective orders, are prohibited from possessing firearms. The data shows that offenders with domestic violence in their past pose a high risk of homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to kill their partners.

The Working Group, chaired by U.S. Attorney Erin Nealy Cox, of the Northern District of Texas, disseminates legal guidance on keeping guns out of the hands of domestic violence abusers using three federal statutes:

• 18 USC § 922 (g)(1), felon in possession of a firearm; • 18 USC § 922 (g)(9), possession of a firearm by a prohibited person (misdemeanor crime of domestic violence); and
• 18 USC § 922 (g)(8), possession of a firearm while subject to a domestic violence protective order.

Based on the Working Group’s guidance, in FY 2020, U.S. Attorneys’ Offices nationwide brought 337 domestic violence felon-in-possession charges, 54 possession while subject to a protective order charges, and 142 possession by a prohibited person charges.

For more information on domestic violence or to get help, visit the National Domestic Violence Hotline website or call 1-800-799-SAFE (7233).

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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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 Andrew Medina, 29, of Niagara Falls, NY, with conspiring to possess with intent to distribute, and distributing, 500 grams or more of methamphetamine; attempting to possess with intent to distribute 500 grams or more of methamphetamine; possession of marijuana; possession of a firearm in furtherance of drug trafficking crimes; and being a felon in possession of a firearm and ammunition. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life.

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the indictment and a previously filed complaint, on September 1, 2020, a United States Postal Inspector executed a federal search warrant on a parcel, which contained approximately 1.14 pounds of suspected methamphetamine. On September 4, 2020, a controlled delivery of the parcel was conducted to a residence on South Avenue in Niagara Falls. Shortly after it was dropped off on the porch of the South Avenue address, an individual, later identified as the defendant, retrieved the package, got into a vehicle, and departed the residence with a small child. 

After Medina returned to the residence a short time later, a monitoring device, which had been placed in the parcel, sent an alert that the parcel was opened inside of the residence. Subsequently, a search warrant was executed at the residence. Investigators recovered a pistol with a loaded magazine and approximately $15,000 of U.S. currency, and Medina was arrested.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Birdwell, 38, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to breaking into and larceny from an interstate carrier facility. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on multiple occasions in May and June of 2018, the defendant and co-defendants Paul Krieger and Ray Chrostowski went to the railyards in the vicinity of Broadway and Bailey Avenue in Buffalo, broke into railcars using a crowbar, bolt-cutters and other tools, entered the cars, and removed property from the railcars. On each occasion, co-defendant Krieger directed Birdwell and Chrostowski regarding which railcar to enter, what property to remove, where to hide the stolen items, and the manner by which each should conduct themselves in order to conceal their conduct from the attention of law enforcement and railyard personnel. On at least one occasion, Birdwell was responsible for bringing a vehicle to transport the stolen items from railroad property to locations in Buffalo where it was resold for profit.

• On June 8, 2018, the three defendants broke into a railcar carrying automobiles and removed the tires and rims from a 2018 Jeep and a 2018 Dodge. The total loss relating to the 2018 Jeep was $1,882.10, and the total loss relating to the 2018 Dodge was $2,836.06.
• On June 22, 2018, the defendants stole approximately 20 cases (120 bottles) of Jefferson bourbon, and sold them for profit. The value of the bourbon was approximately $3,118,80.
• On June 26, 2018, the defendants stole a 50-inch Samsung television valued at approximately $400.

Co-defendant Ray Chrostowski was previously convicted and is awaiting sentencing. Charges remain pending against co-defendant Paul Krieger. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia and the CSX Police, under the direction of Chief Sean Douris.

Sentencing is scheduled for February 11, 2021, before Judge Sinatra.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Salvatore Lippa II, 57, of Greece, NY, who was convicted of two counts of threatening a United States official, was sentenced to serve six months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

According to Assistant U.S. Attorney Sean C. Eldridge, who handled the case, on January 23, 2020, the defendant called the Washington D.C. office of Congressman Adam Schiff at approximately 8:20 p.m. and left a threatening voicemail message. Lippa threatened to assault and murder Congressman Schiff. Part of the message stated, “I dare you to come to New York, because I will put a bullet in your (expletive) forehead.” The defendant admitted that he made the threatening call because he was upset about impeachment proceedings against President Trump.

On February 4, 2020, Lippa made a similar call to the Albany, New York office of Senator Charles Schumer. The defendant once again left a voicemail message threatening to assault and murder Senator Schumer. The defendant stated: “let me tell you something, somebody wants to assassinate you, I'm going to be the driver.” Lippa admitted that at the time of that call, the Senate was set to vote on the Articles of Impeachment against President Donald Trump brought by the House of Representatives on the next day, February 5, 2020.

The sentencing is the result of an investigation by the United States Capitol Police, under the direction of Chief Steven A. Sund, with assistance from the Greece Police Department, under the direction of Chief Patrick D. Phelan, and the United States Marshals Service, under the direction of Marshal Charles Salina.

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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 Lorenzo Watson, 29, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to possessing with intent to distribute cocaine, and possession of a firearm and ammunition by a felon. The charges carry a maximum penalty of 20 years in prison, and a fine of $1,000,000, or both. 

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

Watson was previously convicted in August of 2017, in Monroe County Court, of Attempted Criminal Possession of a Controlled Substance in the Fifth Degree and sentenced to serve two years in prison. In addition, the defendant was previously convicted in July of 2011, also in Monroe County Court, of Attempted Criminal Possession of a Weapon in the Second Degree and again sentenced to serve two years in prison. As a result of those convictions, the defendant is legally prohibited from possessing a firearm.   

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

The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Rochester Police Department, under the direction of Acting Chief Mark Simmons; 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 December 7, 2020, at 2:00 p.m. before Judge Larimer.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Hector Cordero, 32, and Damien Cruz, 23, both of Buffalo, NY, with possessing with intent to distribute cocaine and marijuana, maintaining a drug involved premises, and possessing firearms in furtherance of drug trafficking offenses. The charges carry a mandatory minimum penalty of five years in prison and a maximum of life.

Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that according to the indictment and a previously filed complaint, on September 16, 2020, investigators conducted a traffic stop of defendant Cordero’s vehicle and detained him pending the completion of a search warrant at his residence on Roanoke Parkway in Buffalo. Members of the FBI Buffalo Safe Streets Task Force and Lackawanna Police Department executed the search warrant and recovered over $30,000 in cash, a money counter, digital scales, large plastic bags containing white residue, and approximately a half pound of suspected marijuana. In addition, investigators located two mechanical presses, commonly used to shape cocaine into bricks, a safe containing approximately 60 ounces (approximately 1700 grams) of a white powdery substance, a handgun loaded with five rounds of ammunition, and four additional boxes of ammunition in a shed on the property. They also found a safe inside the shed.

Members of the FBI Buffalo Safe Streets Task Force, the Buffalo Police Department and the Lackawanna Police Department also executed a search warrant at 1042 Grant Street in Buffalo. During that search law enforcement officers located plastic bags containing suspected marijuana, other plastic bags containing a white powdery substance, and a mechanical press, similar to the devices located at the Roanoke Parkway residence. Investigators also located a second safe, which contained plastic bags with suspected marijuana and a white powdery substance, a digital scale and packaging with white residue, and the lower receiver of a handgun.

During the execution of the search warrant at 1042 Grant Street, investigators encountered defendant Cruz on the second floor, coming from the stairs that led to an attic. They observed that Cruz had dirt on his hands, feet, and one knee, and no shoes on his feet. Officers subsequently searched the attic and observed foot prints on the floor that lead to a small hole in the floor boards. Inside the hole was a handgun, with an extended magazine containing at least 16 rounds of ammunition. Small plastic bags containing a white powdery substance were also recovered.

The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and detained.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Kornaker, 50, of North Tonawanda, NY, was charged by criminal complaint with wire fraud in relation to a national emergency, and aggravated identity theft. The charges carry a minimum penalty of two years in prison, a maximum penalty of 30 years, 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, the defendant was recently released from prison following a 2017 federal conviction on mail fraud and tax evasion charges, and was on supervised release. Kornaker fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA) between June and August 2020. The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. The defendant applied for and was granted $60,500 using the name and personal information of another person, without that person’s permission.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Loegan Morrison-Samples, 24, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to maintaining a drug-involved premises. The charge carries a maximum penalty of 20 years in prison, and a $500,000 fine.    

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on April 27, 2019, members of the Jamestown Metro Drug Task Force (JMDTF) executed a New York State search warrant at the defendant’s residence on Partridge Street in Jamestown. Investigators recovered methamphetamine and other narcotics, including small amounts of cocaine and marijuana, throughout the residence. In addition, a 12 gauge shotgun, a pink stun gun, and other drug paraphernalia were also recovered. During the search, Samples and co-defendant Jacob Komenda were present. 

On September 5, 2019, investigators executed another search warrant at the new residence Samples shared with Komenda in Jamestown. $3,182 in United States currency, methamphetamine, and various drug paraphernalia was recovered from the residence. 

Komenda was previously convicted of conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine, and is awaiting sentencing.

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

Sentencing is scheduled for January 28, 2021, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Miguel Gonzalez-Adams, 41, of Rochester, NY, who was convicted of attempted possession of cocaine with intent to distribute, and being a felon in possession of a firearm, was sentenced to serve 144 months in prison by U.S. District Judge Charles J. Siragusa.  

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on January 31, 2020, United States Postal Inspectors obtained a search warrant for a priority mail package that was sent from Puerto Rico to the defendant’s residence in Rochester. The package contained over two kilograms of cocaine. The cocaine was removed from the package and replaced with sham cocaine. Postal Inspectors then conducted a controlled delivery of the package to Gonzalez-Adams’ residence.

On February 3, 2020, once the defendant accepted delivery of the package, law enforcement officers executed a search warrant of Gonzalez-Adams’ residence. Officers found the opened package on the first floor of the house. The defendant was located in an upstairs bedroom with $2,435 in cash and a cell phone that displayed the tracking information for the cocaine package. Officers also recovered a loaded AR-15 style rifle, along with an additional 162 rounds of ammunition for that weapon. 

Gonzalez-Adams was previously convicted in 1999 of felony crimes in the United States District Court for the District of Puerto Rico. As a result, he is legally prohibited from possessing a firearm.

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Rochester Police Department, under the direction of Acting Chief Mark Simmons; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin M. Henderson; the Greece Police Department, under the direction of Chief Patrick D. Phelan; the Webster Police Department, under the direction of Chief Joseph Rieger; and the New York State Police, under the direction of Acting Major Barry Chase.

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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 Randy Colucci, 36, of Niagara Falls, NY, who was convicted of possessing child pornography, was sentenced to 75 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in April 2017, a Homeland Security Investigations Special Agent, working undercover, discovered multiple files containing videos and images of child pornography being shared on a peer to peer website. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files related to one utilized by the defendant, which led to the execution of a search warrant at his residence. Digital media recovered from Colucci in June 2017 contained child pornography, including children under the age of 10, and images of children involved in violent sexual assaults. 
 
At the time of his arrest, the defendant was on New York State parole for a 2011 manslaughter conviction, involving the death of his two-year-old daughter.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christian Michael Stutes, 24, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to receipt and distribution of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that between April 12 and December 13, 2019, the defendant engaged in sexually explicit conversations via text message with an individual he believed to be the father of a 10-year-old male. The individual was actually an undercover FBI agent. During their conversations, Stutes discussed paying $150 to have sex with the 10-year-old male. On December 13, 2019, the defendant traveled to Brighton, NY, to meet and engage in commercial sex with the 10-year-old boy. Stutes was arrested by law enforcement officers at that time.

In addition, the defendant knowingly received and distributed images of child pornography. On the date of his arrest, Stutes possessed approximately 61 videos and 450 images of child pornography. Some of the images included prepubescent minors, as well depictions of violence.

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

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

Sentencing is scheduled for December 18, 2020, at 11:00 a.m. before Judge Geraci. .  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Vernon Schermerhorn III, 51, of Coeymans Hollow, NY, was arrested and charged by criminal complaint with attempted enticement of a minor. The charge carries a mandatory minimum penalty of 15 years in prison, and a maximum of 30 years. 
 
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in September 2019, the defendant engaged in conversation on a teen chat website with a person he believed to be a 13 year old girl. The person was actually an undercover FBI Special Agent. As the conversation continued, the chat turned sexual in nature. “Brandon2901,” later identified as Schermerhorn, stated, “i am married but would like see u if u wanted and (expletive).” The Agent responded with, “that wud be cool.” While discussing what they would do together, the Agent said, “I don’t wanna get preggo!!” Schermerhorn responded, “its ok if u even did i got plan b pills or abortion i got a friend thats a doc.” The defendant also stated, “i got allot of cop friends to so we are cool.” Schermerhorn also asked the Agent multiple times to send naked photos.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Blackshear, 37, of Rochester, NY, pleaded guilty before U.S. District Judge Richard J. Arcara, to conspiracy to possess with intent to distribute, and to distribute, acetyl fentanyl, fentanyl, and crack cocaine. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine, or both. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on January 2, 2019, members of the Southern Tier Regional Drug Task Force made a controlled purchase of crack cocaine from the defendant and co-defendant Tracy Griffin.  Then, on January 22, 2019, members of the task force made a controlled purchase of crack cocaine and heroin from the defendant Blackshear and Griffin.

Tracy Griffin was previously convicted and is awaiting sentencing.

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

Sentencing is scheduled for October 29, 2020, at 12:30 p.m. before Judge Arcara.

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