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 Vincent Colunga, 28, of Rochester, NY, who was convicted of possession of child pornography, including prepubescent images, was 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.  
 
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between September 25 and October 24, 2018, the defendant utilized a peer-to-peer file sharing network to obtain and share images of child pornography. On October 24, 2018, investigators executed a search at his residence and seized numerous electronic devices, which contained at least eight videos and several images of child pornography, including images of prepubescent children and violence.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Shaquelle Coleman, 27, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute crack cocaine. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that the defendant was arrested with another absconding parolee, Earl Stone Jr., on January 23, 2019, for violating terms of parole. Coleman and Stone were located in the upstairs bedroom of a residence on West 7th Street in Jamestown. During a search of the two defendants, law enforcement officers recovered $1,400 in U.S. Currency. They also recovered a quantity of suspected crack cocaine, a digital scale with white residue, and three cellular telephones from the residence.

Earl Stone was previously convicted and is awaiting sentencing.

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

Sentencing is scheduled for January 21, 2021, before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julie Keller, 55, of Corfu, NY, was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both. 
 
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, between 2014 and August 2020, the defendant engaged as a money mule for various internet based scams, accepting and re-directing thousands of dollars to Africa. During that time, she had accounts closed by at least five different national and local banks due to suspicious cash, check, money order, and wire activity.

On July 17, 2020, the United States Postal Inspection Service (USPIS) received a request for assistance from the Boston, Massachusetts Police Department. A detective was investigating a report of an individual (C.R.P.), who believed she had been defrauded in relation to a rental property listed on the online classified site, Craigslist. In June, 2020, C.R.P. replied to an advertisement for an available apartment for rent and, ultimately agreed to rent a property listed on their local Craigslist site. All communication between the supposed landlord and C.R.P. was completed via text message. The supposed landlord instructed C.R.P. to split the deposit for the rental between an electronic payment via an electronic cellular telephone application, or “cash app,” and by money order, using the U.S. Mail. The supposed landlord instructed C.R.P. to send the money order to Julie Keller in Corfu, New York, who was identified as an accountant. The investigation determined that the address provided by the supposed landlord is a United States Postal Service (USPS) Facility in Corfu and Keller is employed by the USPS as a mail carrier.

After C.R.P. made the down payments as instructed, the person listing the property ceased all contact, and the property was never secured or occupied by C.R.P. C.R.P. provided a number of screen shots from her cellular telephone, depicting her text communications with the individual who had listed the rental property. Subsequent investigation determined that other individuals sent the defendant down payments for the rental property listed on Craigslist.

A cursory look into Julie Keller's banking history revealed that she had a pattern  of  suspicious  cash,  check,  money  order  and  wire  activity  totaling  in  excess of $150,000.00 dating back to 2014. Records indicated Keller had been either deceptive or unresponsive when questioned by bank personnel about the nature of her transactions. Her activities included the use of national and local banks, as well as Western Union and MoneyGram.

Keller made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.   
 
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 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 Jacob Graham, 19, of Jamestown, NY, who was convicted of possessing with intent to distribute five grams or more of actual methamphetamine, and possessing a firearm in furtherance of drug trafficking, was sentenced to serve 120 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that on May 7, 2019, Jamestown Police officers observed two males fighting with another male in the area of Crescent and Cheney Streets. The suspects quickly got into a silver vehicle and sped away from the scene. Detectives followed the suspect vehicle in an unmarked police car, but also requested the assistance of a marked patrol unit. The marked patrol unit initiated a traffic stop at the driveway of a residence on Lincoln Street in Jamestown.

A detective approached the passenger side of the vehicle and opened the front passenger door. Inside, the detective observed two baggies of what appeared to be methamphetamine. The front seat passenger, identified as defendant Graham, exited the vehicle and was placed under arrest. Another officer approached the driver's side door of the vehicle and had the driver exit the vehicle. The driver was also placed under arrest. A back seat passenger was detained but later released.

During a subsequent search of the vehicle, investigators recovered a book bag which contained a loaded 12 gauge shotgun. The book bag also contained a digital scale with white powder residue on it and 16 rounds of 12 gauge shotgun ammunition. A records check determined that the firearm was stolen from a Federal Firearms Licensee in Hamilton, Ohio in March 2017.

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

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Richard Leon Wilbern, 60, of Rochester, NY, who was convicted by a federal jury of the August 12, 2003, armed robbery of the Xerox Federal Credit Union which resulted in the death of Raymond Batzel, was sentenced to serve life in prison by U.S. District Judge Charles J. Siragusa.

“After 17 years, and thanks to the tireless and relentless dedication of our federal, state, and local law enforcement professionals, a cold-blooded murderer has finally been held accountable and the family of his victim has finally received some measure of justice,” stated U.S. Attorney Kennedy. “Notwithstanding the current widespread effort to demonize our Nation’s law enforcers, both their shortcomings and the virtues are but a reflection of their humanity. Fortunately, their virtues routinely outweigh their shortcomings, and in this case, the compassion and commitment exhibited by our law enforcers helped to deliver our community’s best—and last—hope for justice.”

Assistant U.S. Attorneys Douglas E. Gregory and Joel L. Violanti, who handled the prosecution of the case, stated that on August 12, 2003 at approximately 9:45 a.m., the defendant walked into Xerox Federal Credit Union (XFCU), located on the Xerox Corporation campus at 800 Phillips Road in Webster, NY. Wilbern was wearing a dark blue nylon jacket with the letters “FBI” written in yellow on the back of the jacket, sunglasses and a poorly fitting wig. The defendant was also carrying a large briefcase, a green and gray-colored umbrella and had what appeared to be a United States Marshals badge hanging on a chain around his neck.   

Wilbern went into the cubicle of a female employee and told the employee that he was there to conduct a security assessment and to “stage” a robbery. The defendant subsequently removed two firearms from the briefcase, one described as a handgun, the other a sawed-off shot gun or sawed-off rifle. Wilbern also removed a bag and instructed the employee to fill the bag with money from behind the teller counter. The employee complied with the demands.   

Shortly after, the defendant ordered employees and customers to lay down on the floor. While doing so, Wilbern confronted a customer Raymond Batzel who had just finished a banking transaction with the teller. After a very brief verbal altercation, the defendant shot Batzel in the neck which resulted in his death. As Wilbern shot Batzel, a second customer, Joseph Doud, entered the credit union and attempted to turn and run back outside after witnessing the shooting. The defendant shot and wounded the customer in the back as he fled. After shooting the two customers, Wilbern returned to the teller counter area and, while holding the firearm in the air, told credit union employees to fill the bag with cash.   The defendant then took the money and fled the credit union leaving behind the umbrella. 

In the aftermath of the robbery/homicide at the Xerox Federal Credit Union, the Monroe County Public Safety Laboratory attempted to obtain DNA samples from the green and gray umbrella which was left behind by Wilbern. Two sets of swabs were taken from various locations on the umbrella, including the “external wrap around closure and button”, the “lower latch mechanism”, the “metal shaft and upper latch mechanism” and an “internal strap.”  One set of swabs was tested for the presence of DNA while the second set was allowed to dry, packaged and appropriately stored at the lab for future testing. Based upon the technology available at the time, insufficient amounts of DNA were located on the first set of swabs and therefore no conclusions could be drawn.

On November 15, 2011, Webster Police investigators transferred the second set of swabs from the Monroe County Public Safety Building to the Office of Chief Medical Examiner (OCME) in New York City. OCME had developed the expertise and facilities necessary to perform a DNA testing technique that enables testing to be performed on trace amounts of evidence. This testing technique is referred to as High Sensitivity DNA testing, also referred to as Low Template testing.  

On December 28, 2011, OCME issued a report advising that they were able to recover human DNA from each of submitted swabs from the umbrella, and that two of the submitted swabs contained sufficient levels of human DNA to conduct High Sensitivity PCR DNA testing and comparison. Regarding DNA taken from the “umbrella closure wrap around”, the Medical Examiner concluded that DNA from at least two people was located, but included one major male contributor, referred to as “Male Donor A.” The DNA profile of “Male Donor A”, based on a 15 loci result, is expected to be found in only 1 in 6.80 trillion people. As for the second sample, which was taken from the “umbrella latch mechanism (lower)” of the umbrella, based on a 10 loci result, is expected to be found in in one in 138 million people. The DNA profile was placed in a local and state data base with no positive hits. 

In March 2016, a press conference was held to seek new leads in the investigation. Details of the crime were released as well as photographs of Wilbern committing the robbery. Anyone with information was asked to call a dedicated hotline. 

On March 27, 2016, a concerned citizen contacted the Federal Bureau of Investigation and indicated that the person who committed the crime was likely a former Xerox employee named Richard Wilbern. The citizen indicated that the defendant worked for Xerox prior to the robbery but had been fired. The citizen also stated that they recognized Wilbern’s face from the photos. 

In July 20016, FBI agents met with Wilbern regarding a complaint he had made to the FBI regarding an alleged real estate scam.  During one of their meetings, agents obtained a DNA sample from Wilbern after he licked and sealed an envelope.  That envelope was sent to OCME, and after comparing the DNA profile from the envelope to the DNA profile previously developed from the umbrella, determined there was a positive match. 

Wilbern was employed by Xerox between September 1996 and February 23, 2001 as which time he was terminated for repeated employment related infractions. In 2001, Wilbern filed a lawsuit against Xerox alleging that the company unlawfully discriminated against him with respect to the terms and conditions of his employment, subjected him to a hostile work environment, failed to hire him for a position for which he applied because of his race, and retaliated against him for complaining about Xerox’s discriminatory treatment.  Wilbern also maintained a checking and savings accounts at the Xerox Federal Credit Union.  Evidence at trial demonstrated that Wilbern was in significant financial distress from roughly 2000 – 2003, including filing for bankruptcy.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Stephen Belongia; the Webster Police Department, under the direction of Chief Joseph P. Rieger, the New York State Police, under the direction of Acting Major Barry Chase, the Monroe County Sheriff’s Department, under the direction of Todd Baxter, the Rochester Police Department, under the direction of Acting Chief Mark Simmons, the United States Marshals Service, under the direction of Charles Salina, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.

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

BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. announced today that Vicky Hoffstetter, 38, of Painesville, OH, who was convicted of conspiracy to transfer firearms purchased outside of state of residency, was sentenced to time served and two years’ supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that between April 2018 and May 2018, the defendant, without being a licensed firearm importer, manufacturer, dealer, or collector, conspired with others, to transport firearms into New York State from the State of Ohio. Hoffstetter conducted straw purchases of firearms in Ohio in her own name, while knowing that the firearms were actually paid and intended for a co-conspirator, who lived in Buffalo, New York.

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, 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bethann Marie Wallace, 48, of Baldwinsville, NY, was arrested and charged by criminal complaint with interstate communication of a threat. The charge carries a maximum penalty of five years in prison, a $250,000 fine, or both. 
 
According to Assistant U.S. Attorney Sean C. Eldridge of the U.S. Attorney’s Office for the Western District of New York in Rochester, the criminal complaint alleges that on July 10, 2020, the Washington D.C. office of New York Congressman John Katko received a threatening voice mail that included a threat to kill the Congressman.
 
Congressman Katko’s office reported the voicemail to the United States Capitol Police, Threat Assessment Section, which began an investigation in coordination with the Federal Bureau of Investigation. The telephone number that the call originated from traced back to the defendant. 
 
As a result of the threat, security surrounding Congressman Katko was increased. Since Congressman Katko formerly served as an Assistant U.S. Attorney in the Northern District of New York, that Office was recused, and the case is being prosecuted by the United States Attorney’s Office for the Western District of New York.
 
Wallace made an initial appearance before U.S. Magistrate Judge Therese Wiley Dancks, and is being held pending a detention hearing on September 21, 2020, at 2:30 p.m.  
 
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Thomas F. Relford, Special Agent-in-Charge, Albany Field Division; the New York State Police, under the direction of Acting Major Barry Chase; and the United States Capitol Police, under the direction of Chief Steven A. Sund. 
 
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 Jeffrey Martin, 36, of Horseheads, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to receipt of child pornography, following a prior conviction. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between May 31 and July 19, 2019, Minor Victim 1 slept over at the defendant’s residence on several occasions with the permission of Minor Victim 1’s mother. During at least one of those occasions, Martin took several sexually explicit pictures of Minor Victim 1 with his cellular telephone, knowing that such photographs would be automatically uploaded to his Google online storage account.   

The defendant was previously convicted of felony statutory rape in Mansfield, Pennsylvania, on July 19, 2004. 

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 17, 2020, 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 Kristy Brucz, 35, of Buffalo, NY, who was convicted of obtaining a controlled substance by fraud, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve two years’ probation and to pay restitution totaling $1,911.23.

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between 2015 and March 28, 2018, the defendant was an employee and office manager for a Williamsville physician. In that position, Brucz was given access to the physician’s prescription pad and a New York State issued controlled substance electronic prescribing hard token (prescribing token) and its related passwords, which allowed the defendant to issue prescriptions, and submit them to pharmacies, on the physician’s behalf.

Between 2015 and March 2018, Brucz, without the physician’s authorization, issued, or caused to be issued, 166 fraudulent prescriptions using the physician’s name, the physician’s prescription pad, and prescribing token. The prescriptions were issued in either Brucz’s name, the names of associates, or fictitious individuals. The defendant then filled the prescriptions, totaling approximately 11,885 dosage units, from various local pharmacies, and diverted them for her personal use. The controlled substances included hydrocodone and oxycodone.

The defendant’s scheme was discovered in March of 2018, as Brucz attempted to fill a prescription at a Rite Aid Pharmacy.  The pharmacist questioned the legitimacy of the prescription and contacted the physician for whom defendant worked. That inquiry ultimately led to the discovery of defendant’s fraud and her firing from the physician’s office.

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.

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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 Dennis Daniels, 69, of Romulus, NY, with two counts of mail fraud. The charges carry a maximum of penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, in January and February 2019, the defendant taught an approved U.S. Coast Guard (USCG) course for an Operator Uninspected Passenger Vessel license, with a Masters upgrade. Once obtained, this license allows the individual to operate an uninspected vessel of up to six passengers, such as a fishing charter, and an inspected vessel with more than six passengers, such as a ferry.

Throughout the course, Daniels was required to teach for 80 hours, however, he only taught for 51 hours, and engaged in conduct not in compliance with USCG regulations. After reviewing the defendant's records, it was determined that all 24 students in the course failed a chart-plotting test, and four of the students also failed the maritime rules of the road test. Students are required successfully to pass those tests in order to obtain a course completion certificate, a prerequisite to applying for a Merchant Marine Credential issued by the USCG.  Despite failing the tests, Daniels issued course completion certificates to his students.

The indictment is the result of an investigation by the U.S. Coast Guard Investigative Service, under the direction of Buffalo, NY, Resident Agent-in-Charge Cindy C. Buckley, and Detroit, MI, Resident Agent-in-Charge Edward L. Songer; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.   

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Quondall Davis, 26, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to sex trafficking of a minor. The charge carries a minimum penalty of 10 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between April 2017 and July 2018, the defendant, a/k/a Hotdog, recruited Minor Victim 1 and Minor Victim 2 to engage in commercial sex acts. Davis posted ads on “Cityxguide.com,” to entice customers to engage in commercial sex acts with the minor victims. Cityxguide.com is a website providing classified advertising across the United States and internationally. Minor Victim 1 and Minor Victim 2 each engaged in commercial sex acts and gave a portion of the profits the defendant. Davis knew that both victims were under the age of 18.

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 November 18, 2020, at 10:00 a.m. before Judge Siragusa.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Mobley, 25, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that in the early evening hours of May 23, 2020, Rochester Police Officers responded to the area of 31 Lenox Street for a report of male with a gun. As officers approached the area, they observed defendant grab his waistband and run. Officers gave chase but momentarily lost sight of the defendant in the backyard of 81 Lenox Street. Mobley was ultimately located in a nearby garage on Lenox Street. Other officers searched the defendant’s path and located a loaded semiautomatic pistol with an obliterated serial number. 

In October 2014, Mobley was convicted in Monroe County Court of Criminal Possession of a Weapon in the Second Degree and sentenced to 42 months in jail. As a result of that conviction, the defendant is legally prohibited from possession a firearm and ammunition.

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

The plea is the result of an investigation by 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 2, 2020, at 2:00 p.m. before Judge Larimer.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Scott Gaddy, 50, of Albany, NY, a lobbyist registered with the State of New York, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to theft of government money. The charge carries carry a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant owns and operates the lobbying firm Excelsior Advocates, LLC. On September 8, 2017, an individual known to the FBI approached Gaddy about paying a bribe to a member of the New York State Assembly (Member A) in order to introduce certain legislation concerning a proposed development project in the Town of Brighton. That legislation would have had the effect of impeding the proposed project and making it more difficult to proceed. On September 26, 2017, the defendant took receipt of cash from the individual, with the understanding that it would be used to bribe Member A and induce Member A to introduce the proposed legislation.    

Subsequently, Gaddy recommended to the individual that rather than having Member A introduce the proposed legislation, another member of the New York State Assembly—Joseph Errigo—would be used to do it.  Gaddy then facilitated the introduction of the individual to Assemblyman Errigo. The defendant was aware that the individual began making bribe payments to Assemblyman Errigo for the purpose of introducing the proposed legislation. Thereafter, Gaddy transmitted the proposed legislation concerning the development project in the Town of Brighton to Assemblyman Errigo.

On February 9, 2018, in connection with facilitating the proposed legislation, Gaddy stated to the individual and Assemblyman Errigo that he (Gaddy) had also “greased the skids” with Member A. In truth and in fact, the defendant did not pay the intended bribe to Member A as represented, but wrongfully converted the money to his own personal benefit.

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

Sentencing is scheduled for December 11, 2020, at 1:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Darnell Curry, 27, of Buffalo, NY, who was convicted of assaulting, resisting, or impeding a federal officer, was sentenced to serve six months in prison by U.S. Magistrate Judge H. Kenneth Schroeder, Jr.

Assistant U.S. Attorney John D. Fabian, who handled the case, stated that on February 19, 2020, while at the Starbucks inside the Veterans Affairs Medical Center on Bailey Avenue in Buffalo, the defendant engaged in a verbal argument with a female employee.

Three Department of Veterans Affairs Police officers approached Curry in response to a complaint about the verbal argument. When the defendant did not hear or acknowledge verbal commands, an officer touched Curry's shoulder. The defendant turned and a scuffle with the officers ensued. During the scuffle, Curry pulled an officer by the vest and into his body. In the process, the defendant struck the officer in the head, leaving a mark on his cheek below his left eye. Physical resistance by the defendant resulted in the officers taking Curry to the ground, handcuffing, and detaining him.

The sentencing is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri, and the VA Medical Center Police, under the direction of Chief Michael Steinmetz.

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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 Robert Notto, 26, of Buffalo, NY, who was convicted of distribution of child pornography, was sentenced to serve 108 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Caitlin M. Higgins, who handled the case, stated that in March 2017, the defendant met the then-13-year-old minor victim through a teen social network. The minor victim resided in Phoenix, Arizona, and told Notto her age. On July 28, 2017, the defendant, seeking to entice the minor victim to engage in sexual activity, sent the minor victim three images constituting child pornography from his computer. In addition, from March through July 2017, Notto repeatedly engaged in sexually explicit conversations with the minor victim. On at least two occasions, the defendant requested that the child take a sexually explicit picture of herself.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin S. Wise, Jr., 30, of Wilson, NY, was arrested and charged by criminal complaint with possession with intent to distribute marijuana, and possession of a firearm in furtherance of drug trafficking. The charges carry a maximum penalty of life in prison and a $1,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, in the afternoon of September 2, 2020, the Niagara County Sheriff’s Office responded to a domestic incident complaint at the defendant’s residence on Youngstown Road in Wilson. Law enforcement interviewed the subjects, both of whom agreed to separate and no charges were filed at that time. During the course of an investigation, the Niagara County Sheriff’s Office learned that Wise used methamphetamine and marijuana. Investigators also determined that the defendant grew marijuana behind his house. On September 6, 2020, Wise was arrested on a domestic complaint for two counts of Aggravated Harassment.

The following day, on September 7, 2020, investigators executed search warrants at the defendant’s residence, property, and vehicles. At the locations, they recovered several firearms, a bin of gun parts and magazines, approximately 126 grams of suspected marijuana, approximately 2.6 grams of suspected psilocybin mushrooms, two digital scales with brown residue, packaging materials, a large quantity of ammunition, and $2,717.00 in U.S. currency. Behind the garage, investigators discovered a pathway leading to 11 suspected marijuana plants and observed multiple trail cameras positioned throughout the back yard, woods, and location of the marijuana plants.

The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on September 15, 2020.

The criminal complaint is the result of an investigation by the Niagara County Sheriff’s Office Drug Task Force, under the direction of Acting Sheriff Michael Filicetti; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kyle Bradley Davis, 32, of Rochester, NY, was arrested and charged by complaint with civil disorder for his role in violent protests in the City of Rochester. The charge carries a maximum penalty of five years in prison.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the criminal complaint, there were nights of violent protests in Rochester following the public disclosure on September 2, 2020, of Daniel Prude’s death on March 30, 2020. Those violent protests resulted in property damage and physical injury to several law enforcement officers.

On the evening of September 8, 2020, a group of approximately 400 protesters gathered in front of Rochester Police Department (RPD) headquarters, where they blocked all lanes of traffic on Exchange Boulevard between Court Street and the Interstate 490 overpass. RPD officers and NYSP Troopers staffed metal barricades, which were positioned in the driveway area of RPD headquarters. At approximately 10:00 p.m., surveillance cameras captured the defendant pointing green lasers at three uniformed RPD officers and four uniformed New York State Police Troopers, who were positioned in the area to control the crowd and prevent a breach of the barricades. The victim officers experienced a temporary loss of sight as a result of being hit with the laser, which impeded and interfered with their ability to carry out their assigned duties.

Police officers posted in the area of South Fitzhugh Street and South Plymouth Avenue observed an individual - later identified as Davis - who matched the description of the individual who had been pointing lasers at the victim officers. As officers began to approach the defendant and an officer told him to stop in order to detain him, Davis yelled loudly that he did not trust the police officer one bit and then ran south on South Fitzhugh Street. An officer gave chase and tackled the defendant in area of 218 South Fitzhugh Street. Davis pushed himself up, stood up, and attempted to pull away, but was taken into custody. After the arrest, a black laser was recovered from the defendant's front sweatshirt pocket.

As a result of the arrest, the arresting officer sustained a fractured orbital bone and a laceration under his left eye, and continues to suffer from blurry vision in his left eye. The arresting officer was taken to the hospital where he received medical treatment, including seven stitches.

“Simply put, those individuals who seek to injure law enforcement officers with dangerous devices such as lasers, explosives, projectiles, or anything else will face federal prosecution,” stated U.S. Attorney Kennedy. “While free speech is protected, a violent free-for-all aimed at law enforcement—or anyone else—is not.”

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the New York State Police, under the direction of Acting Major Barry Chase; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Brighton Police Department, under the direction of Chief David Catholdi; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; the Dansville Police Department, under the direction of Sergeant Shannon Griese; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Medina, 29, of Niagara Falls, NY, was arrested and charged by complaint with attempting to possess with intent to distribute methamphetamine, and possession of a firearm in furtherance of drug trafficking crimes. The charges carry a mandatory minimum penalty of five 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 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. A member of the investigative team then observed the defendant, on a rear second floor balcony, throw the parcel box. 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. Medina was arrested at that time.

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, 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 a federal grand jury has returned an indictment charging Michael McDonald, a/k/a George Jackson, a/k/a Rabbit, 41, of Buffalo, NY, with four counts of sex trafficking. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of life. 

Assistant U.S. Meghan A. Tokash, who is handling that case, stated that according to the indictment and a previously filed complaint, in October 2017, the FBI began investigating the defendant for operating an illegal sex buying scheme by employing fraud, force and/or coercion. According to information in the complaint:

• McDonald recruited Victim 1 to “dance” and “strip” in Florida using Facebook, telling her she would not have to engage in prostitution. However, once Victim 1 traveled from Buffalo to Florida, the defendant raped her and forced her to in prostitution in both Florida and Buffalo. Victim continued to engage in sex acts for McDonald out of fear. The defendant also assaulted Victim 1 on numerous occasions.
• In January 2018, the Plantation, Florida Police Department responded to a residence after receiving a 911 call that an individual was being held against her will. Victim 2 was rescued from the house. Victim 2 told investigators that she met the defendant and flew from New York to Florida. Once in Florida, she said McDonald sexually assaulted her and forced her to perform sexual acts for money against her will. Victim 2 attempted to leave, but the defendant stopped her and threatened to beat her if she attempted to leave again.
• In January 2017, Victim 3 was recruited on Snapchat through an individual she knew in her teenage years. Initially, McDonald lied to Victim 3 stating he could help her fulfill her dreams of becoming a singer and obtain custody of her children. The defendant event stated that he knew Beyonce. Shortly after meeting McDonald, Victim 3 told investigators the defendant allowed another man to rape her and made her feel that all she could do was work as a prostitute for him. McDonald controlled every aspect of her and life and isolated Victim 3 from her friends and family. The defendant also routinely beat, choked, and raped Victim 3.

The defendant is accused of trafficking a total of four victims.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian Arnold, 49, of Pine City, NY, who was convicted of embezzlement of union funds, was sentenced, by Chief U.S. District Judge Frank P. Geraci, Jr., to serve two years’ probation, to include six months home confinement. The defendant was also ordered to pay $33,224.15 in restitution.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that the defendant served as Financial Secretary with Steelworkers Local Union 104M, which represents approximately 75 workers at Anchor Glass Container Corporation, from September 2015 to August 2018. As financial secretary, Arnold was responsible for collecting dues checks, recording all receipts, maintaining receipts and disbursement records, writing and signing checks, and preparing an accurate account of all money received and paid out to report monthly to the union membership.

Between April 2016 and August 2018, Arnold embezzled $33,224.15 in union funds. The defendant made unauthorized purchases with the union’s debit card; made unauthorized ATM withdrawals from the union’s checking account; and wrote unauthorized checks to himself from the union’s checking account.

The sentencing is the result of an investigation by the US Department of Labor, Office of Labor Management Standards (OLMS) Buffalo Office, under the direction of the Boston-Buffalo District Office, District Director Jonathan Russo.

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

BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. and Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division announced today that two brothers were arrested and charged by criminal complaint with wire fraud conspiracy for their alleged participation in a scheme to file fraudulent loan applications seeking nearly $7,000,000 in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Larry Jordan, 42, of Lancaster, NY, and Sutukh El, a/k/a Curtis Jordan, a/k/a Hugo Hurt, 38, of Buffalo, NY, face 20 years in prison and a $250,000 fine if convicted.

The complaint alleges that Larry Jordan and Sutukh El conspired to and did submit at least eight fraudulent loan applications in an attempt to obtain nearly $7,000,000 for their company, 5 Stems Inc. In support of the fraudulent loan applications, Larry Jordan and Sutukh El allegedly made numerous false and misleading statements about the companies’ respective business operations and payroll expenses.

The complaint further alleges that the fraudulent loan applications were supported by fake documents, including falsified federal tax filings. For example, included in one application was a fraudulent IRS filing that appeared to be the company’s 2019 federal unemployment tax return (FUTA) showing that the company paid nearly $3,300,000 in employee wages that year. In reality, the IRS has no record of such a filing.

In addition, Larry Jordan and Sutukh El are accused of using fraudulently obtained loan proceeds on what appear to be personal expenses, including the purchase of securities, home improvements, and a vehicle. To date, the government has seized more than $400,000 of the more than $600,000 that Larry Jordan and Sutukh El obtained in their alleged fraud. 

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

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

This case was investigated by the Federal Deposit Insurance Corporation’s Office of Inspector General, the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s Office of the Inspector General, the Federal Housing Finance Agency’s Office of the Inspector General, the Federal Bureau of Investigation, and the Small Business Administration’s Office of Inspector General. Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Kruly and Grace Carducci for the Western District of New York are prosecuting the case.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Henry Williams, 55, of Rochester, NY, pleaded guilty before U.S. District Chief Judge Frank P. Geraci, Jr. to wire fraud. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

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

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

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

Sentencing is scheduled for December 4, 2020, at 1:30 p.m. before Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles B. King, 36, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to 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 Katelyn M. Hartford, who is handling the case, stated that on August 25, 2019, police responded to a report of a domestic dispute at 1570 Clifford Avenue in Rochester. During a search of the residence, officers found 26 rounds of .22 caliber ammunition in the defendant’s bedroom. With four prior felony convictions, King is legally prohibited from possessing ammunition. Officers also found a 12-gauge shotgun in the basement.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, 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 8, 2020, at 10:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Alagi Samba, 50, of Bronx, NY, who was convicted of conspiracy to commit wire and mail fraud affecting a financial institution, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $790,350.40 to M&T Bank and the U.S. Department of Housing and Urban Development.

Assistant U.S. Attorney Elizabeth Moellering, who handled the case, stated that between about June 2008 and February 2009, the defendant conspired with others to devise a scheme to commit mortgage fraud and obtain eight loans for unqualified borrowers for homes in the Bronx.

As part of the scheme, Samba served as a realtor on behalf of co-conspirator Daniel Badu in the purchase of a property in the Bronx. The defendant was aware that Badu was employed as a home health aide and did not have the income or assets to qualify for a mortgage loan in the amount of $574,543 to purchase the property. Samba obtained Badu’s personal identification information and business documents and provided them to another co-conspirator, a mortgage broker, knowing that the documents would be altered or falsely created to indicate that Badu was an ophthalmologist at his company Eagle Eyes. In addition, fraudulent paystubs and tax returns were submitted to support the loan application. Samba provided these false loan documents in order to secure a loan insured by the Federal Housing Administration. Based on that false application and supporting documentation, the loan was approved.

The defendant and his co-conspirators arranged for additional fraudulent loans to be approved, including another loan for Badu, and caused wire communications to be transmitted in interstate commerce for those loans. The defendant caused losses of approximately $547,000 affecting financial institutions in Buffalo and elsewhere.

Five co-defendants, including Daniel Badu, were previously convicted and sentenced.

The sentencing is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division; the Department of Housing and Urban Development, under the direction of Special Agent in Charge Brad Geary; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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Two New York brothers were charged in a criminal complaint unsealed today for their alleged participation in a scheme to file fraudulent loan applications seeking nearly $7 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney James P. Kennedy, Jr. of the U.S. Attorney’s Office for the Western District of New York.

Larry Jordan, 42, Lancaster, New York, and Sutukh El, aka Curtis Jordan and Hugo Hurt, 38, of Buffalo, New York, were charged in a complaint filed in the Western District of New York with wire fraud conspiracy.  Both individuals were arrested this morning and are scheduled to appear today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. in the Western District of New York.

The complaint alleges that Jordan and El conspired to, and did, submit at least eight fraudulent loan applications in an attempt to obtain nearly $7 million.  The complaint also alleges that, in support of the fraudulent loan applications, Jordan and El made numerous false and misleading statements about the companies’ respective business operations and payroll expenses.

The complaint further alleges that the fraudulent loan applications were supported by fake documents, including falsified federal tax filings.  For example, included in one application for 5 Stems Inc was a fraudulent IRS filing that appeared to be the company’s 2019 federal unemployment tax return showing that the company paid nearly $3.3 million in employee wages that year.  In reality, the IRS has no record of such a filing.  

The complaint further alleges that Jordan and El used fraudulently obtained loan proceeds on what appear to be personal expenses, including the purchase of securities, home improvements, and a vehicle.  To date, the government has seized more than $400,000 of the more than $600,000 that Jordan and El obtained in their alleged fraud. 

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

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

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

This case was investigated by the Federal Deposit Insurance Corporation’s Office of Inspector General (OIG), the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s OIG, the Federal Housing Finance Agency’s OIG, the FBI, and the SBA’s OIG.  Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Kruly and Grace Carducci for the Western District of New York are prosecuting the case.

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

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

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

BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr, announced today that the Irondequoit Police Department, the Wayne County Sheriff’s Office, and the Hamburg Central School District have each been awarded a grant from the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) School Violence Prevention Program (SVPP). The Irondequoit Police Department will receive $206,136; the Wayne County Sheriff’s Office will receive $324,917; and the Hamburg Central School District will receive $148,406.

“It is the responsibility of school districts and the law enforcement community to work in partnership so that our children know that they are safe at school,” stated U.S. Attorney Kennedy. “If kids do not feel safe, they cannot learn. For that reason, especially during these unusual times, we remaining focused on doing all that we can to secure and protect our children and our schools.” 

“With the new school year underway, the safety of our nation’s students remains paramount,” said COPS Office Director Phil Keith.  “Although this school year may look different at the start, now is the ideal time to make preparations to enhance school safety for when all of our children are back in the classroom.”   

Nationally, the COPS Office SVPP awarded nearly $50 million in school safety funding. SVPP provides up to 75% funding for school safety measures in and around primary and secondary schools and school grounds.

The Students, Teachers, and Officers Preventing School Violence Act of 2018 (STOP School Violence Act of 2018) gave the COPS Office authority to provide awards directly to states, units of local government, Indian tribes, and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds in the jurisdiction of the grantee through evidence-based school safety programs. The three awards announced today can be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; metal detectors, locks, lighting, and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security.  The full list of SVPP awards can be found here: https://cops.usdoj.gov/pdf/2020AwardDocs/svpp/Award_List.pdf.

In addition to the school safety grants announced today, the COPS Office School Safety Working Group, which is composed of representatives from eight national law enforcement organizations, has identified 10 essential actions that can be taken by schools, school districts, and law enforcement agencies to help prevent critical incidents involving the loss of life or injuries in our nation's schools and to respond rapidly and effectively when incidents do occur. The Ten Essential Actions to Improve School Safety are applicable to school shootings as well as to other areas of school safety, including natural disasters and traumatic events such as student suicide. Adopting policies and practices based on the recommendations in this publication can help make school communities safer and save lives.

The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide.  Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance.

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 Daniel Richter, 42, of Boulder, CO, who was convicted of interstate communication of threat to injure, was sentenced to serve 24 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that in 2002, the defendant was a student in a class that the Victim taught at the University of Buffalo. Around that time, Richter sent bizarre emails to the Victim and followed her to her car after class. When the course was finished, the Victim moved out of the Western District of New York.

In 2007, the defendant started sending post-cards with strange messages to the Victim and leaving harassing voice-mail messages on her work phone. On April 23, 2008, the Niagara County Sheriff’s Office arrested Richter, and the Niagara County District Attorney charged him with Stalking in the Fourth Degree. On June 17, 2009, the defendant pleaded guilty to the charged offense, and was given a fine and an Order of Protection was issued against Richter.

On October 18, 2018, the Victim reported to the Niagara County Sheriff’s Office that she received an envelope addressed to her at her place of employment in the Western District of New York. Around this time, the defendant was living in Colorado, and sent the envelope, which contained a handwritten letter, an article, and three movie DVDs. The Victim received a second package the same day from Richter, which contained a letter, a CD, and five movie DVDs. Between November 1 and November 7, 2018, the defendant repeatedly called the Victim and left harassing voicemail messages on her phone. Richter continued to call and leave similar harassing messages for the Victim in the following days, causing her considerable distress. In particular, she reported that the defendant left a message saying he had, “been arrested 10 years ago and he’s willing to risk it happening again.” As a result, a local court issued a warrant for Richter’s arrest for Stalking in the Third Degree.

On November 26, 2018, the Victim reported that she received an additional 156 voice mail messages and more than 150 e-mails from the defendant. Some of the voice mail messages were threatening and sexual in nature, as Richter specifically stated he was on his way to Western New York and would arrive around Christmas time. One of the defendant’s messages stated, “I can’t stress this enough, when I do show up around Christmas, if you want to live, never leave my (expletive) side.” Some of Richter’s emails indicated that he was traveling from Colorado to New York, including one message in which the defendant said, “I blame you of course, (expletive). I’m stuck in Iowa because of your damn (expletive)…”

On November 29, 2018, the Morris Police Department in Morris, Illinois, encountered the defendant in a vehicle in a Comfort Inn parking lot when responding to a report of a male who was reportedly acting strangely. The responding officer identified the man as Richter, and placed him under arrest due to the active warrant.

The sentencing is the result of an investigation by the Niagara County Sheriff’s Office, under the direction of Acting Sheriff Michael Filicetti, and Special Agents with the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Wa1demar Martinez, a/k/a Crazy, 44, of Buffalo, NY, who was convicted of conspiracy to distribute 500 grams or more of cocaine, was sentenced to serve five years in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Meghan Leydecker and Charles J. Volkert, Jr., who handled the case, stated that between December 2015 and June 7, 2016, the defendant conspired with others to distribute over 500 grams of cocaine in the Buffalo area. Martinez used a residence at 275 Tonawanda Street in furtherance of his drug trafficking activities. On June 7, 2016, the defendant sold cocaine to an individual working with the Drug Enforcement Administration.

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 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that two defendants have been arrested and charged in separate complaints with civil disorder for their roles in violent weekend protests in the City of Rochester. Adam Green, 20, of Dansville, NY, and Dallas Williams-Smothers, 20, of Rochester, NY, each face five years in prison if convicted.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the criminal complaints, there were two nights of violent protests in Rochester following the public disclosure on September 2, 2020, of Daniel Prude’s death on March 30, 2020, one week after an encounter he had with RPD police officers. Those violent protests resulted in property damage and physical injury to several Rochester Police Department (RPD) police officers.

As alleged, during the evening of September 5, 2020, a group of approximately 1,500 protesters gathered at the intersection of Broad Street and Exchange Boulevard, located a block north of RPD headquarters. The protestors blocked all lanes of traffic on Broad Street and all lanes of traffic on Exchange Boulevard between Broad Street and Main Street. The group extended from the intersection of Broad Street and Exchange Boulevard to the intersection of State Street and Main Street. As a result, law enforcement officers shut down Exit 14 on Interstate 490 in Rochester for approximately eight hours and the State Street exit on the Inner Loop in the City of Rochester for approximately one hour. Protestors were repeatedly asked by an RPD sound truck to leave the area on the sidewalks or be subject to arrest for Disorderly Conduct for impeding traffic. Several members of the group disregarded those messages, remained in the streets, and continued to block the intersection. Defendant Green – who was wearing a black helmet and carrying a makeshift wooden shield – was part of the group that refused to disperse.

Thereafter, RPD declared an unlawful assembly because of the criminal activity, which included protestors hurling rocks, bottles, lit fireworks and other objects, shining flashlights, and pointing lasers at police officers. In an effort to clear the intersection, RPD officers approached the remaining members of the crowd who refused to leave. As one officer approached defendant Green, he swung the wooden shield that he was carrying, striking the officer in the forehead portion of his helmet. After being told he was under arrest, Green resisted and fought with the officer and another officer who was assisting. Green was eventually handcuffed and arrested. The officer suffered a cut and abrasion on the bridge of his nose from being struck in the head by the wooden shield.

At approximately 11:20 p.m. that night, an RPD officer observed Williams-Smothers ignite a mortar-style, commercial grade firework and throw it at a line of uniformed RPD officers as they attempted to address a crowd at the intersection of State Street and Main Street. The firework detonated in the immediate vicinity of the officers, causing a loud explosion and creating a risk of serious injury to the officers. Williams-Smothers then fled the area on foot. After a physical description of the defendant was communicated to RPD personnel, he was apprehended and arrested in the area of 4 Commercial Street. At the time of his arrest, officers searched several pouches that were attached to a belt Williams-Smothers was wearing. Inside one of the pouches, officers recovered two mortar-style, commercial grade fireworks, each of which was three inches long and one inch wide, shaped like a light bulb, and had a fuse protruding from the stem.

The complaints are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the New York State Police, under the direction of Acting Major Barry Chase; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Brighton Police Department, under the direction of Chief David Catholdi; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; the Dansville Police Department, under the direction of Sergeant Shannon Griese; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Cruz-Carmona, a/k/a Tapon, a/k/a Eneno, 29, of Rochester, NY, who was convicted of murder with a firearm in furtherance of drug trafficking crime, was sentenced to serve 25 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Katelyn M. Hartford, Cassie M. Kocher, and Robert A. Marangola, who handled the case, stated that between 2015 and January 29, 2018, the defendant was a member of a Rochester drug trafficking organization run by co-defendant Carlos Javier Figueroa. The organization was responsible for selling cocaine and heroin in Rochester in the areas of Clinton Avenue, Burbank Street, LaForce Street, and Conkey Avenue. Carmona packaged, sold, and distributed quantities of cocaine and heroin, and acted as an enforcer to protect the interests of the organization.

On September 12, 2016, the defendant observed Walter Ross, a rival drug dealer, in the area of Clinton Avenue and Burbank Street in Rochester. Carmona had previously warned Ross not to sell drugs in that neighborhood because it was part of the Figueroa organization’s territory. At the direction of Carlos Javier Figueroa, the defendant approached the car Ross was sitting in at the corner of Clinton Avenue and Burbank Street, and shot several times through the window, striking and killing Ross.

“This senseless murder of one drug dealer killing another is sadly all too common,” stated U.S. Attorney Kennedy. “The human loss and havoc wrought by illicit drug dealing can hardly be overstated. My Office will remain steadfast in our commitment to uphold the rule of law and aggressively to prosecute those who deal drugs and engage in violence. While these violent drug dealers do what they do with the express purpose of destroying the lives of both their customers and their rivals, we, together with our law enforcement partners, do what we do as part of an effort to protect, preserve, and enhance the quality of life for all of the residents of our District.”

Charges remain pending against Carlos Javier Figueroa. 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 result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greece Police Department, under the direction of Chief Patrick Phelan; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Denzel Robinson, a/k/a Sparks, 26, of Buffalo, NY, with being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison. 

Assistant U.S. Attorneys Michael J. Adler and Charles E. Watkins, Jr., who are handling the case, stated that according to the indictment and a previously filed complaint, on April 28, 2020, the Buffalo Police Department executed a search warrant at the defendant’s Sun Street residence. During the search, investigators recovered quantities of suspected cocaine and marijuana; a .22 caliber rifle and ammunition; 9mm caliber ammunition; and 12 gauge ammunition.

In April 2018, Robinson was convicted of Bail Jumping in the Second Degree in Erie County Court. As a result, the defendant is legally prohibited from possessing a firearm and ammunition.

The indictment is the result of an investigation by the Buffalo Police Department, under the direction of commissioner Byron Lockwood; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cody Burgess, 29, of Dansville, NY, was arrested and charged by criminal complaint with production, receipt, and distribution of child pornography, and possession of child pornography involving prepubescent minors. The charges carry a minimum penalty of 15 years in prison, and a maximum of 30 years in prison.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in July 2019, the National Center for Missing and Exploited Children (NCMEC) received a tip that an individual using the e-mail address “cburg91@aol.com” and the username “cody428,” had uploaded two images of child pornography in June 2019. Subsequent investigation traced the e-mail address and user name to the defendant.

On July 30, 2019, the New York State Police executed a search warrant at the defendant’s residence on Van Campen Street in Dansville, and seized an Apple iPad Mini. During a review of the iPad Mini, the two images referenced in the tip to NCMEC were recovered. The iPad Mini also contained a video depicting a prepubescent female changing out of a two piece bathing suit, who appeared to have no knowledge of the fact that she was being video recorded.  Another 32 images of child pornography were found on the iPad Mini as well as 41 images of child erotica.

The complaint is the result of an investigation by the New York State Police, under the direction of Acting Major Barry C. Chase, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Myers, 35, of Freehold, NJ, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to production of child pornography and cyberstalking. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 35 years, and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that between December 2016 and August 2017, the defendant, using the names “CJ Mikowski” and “Colin James,” communicated via Facebook with five minor girls who lived in the Western District of New York. During those communications, Myers pretended to be a boy close in age to the minor girls with whom he was speaking. The defendant then coerced or attempted to coerce, each of the minor girls, who ranged in age from 13-16 years old, into sending sexually explicit visual depictions of themselves. Myers also transported one victim from New York State to New Jersey and engaged in sexual intercourse with her, and distributed sexually explicit images of the victim over Facebook.

In addition, between March and August 2017, the defendant, while residing in New Jersey and using the alias Colin James, contacted one of the victims via Facebook and made her believe she was in a relationship with him. Myers then persuaded the victim to produce sexually explicit images of herself. When the victim did not send the defendant additional sexually explicit images, he threatened to distribute images of the victim that he had already obtained. This repeated harassment caused the victim substantial emotional distress. Myers also used Facebook to contact three other victims using the names CJ Mikowski and Colin James. Once again, he made the victims believe that he was in a relationship with them and requested that they produce sexually explicit images of themselves. The defendant told the victims that if they did not send him these images, he would distribute previously sent images of the victims. These victims also suffered substantial emotional distress as a result of defendant’s repeated and sustained harassment.          

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

Sentencing is scheduled for December 17, 2020, 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 the Department of Justice, Office on Violence Against Women, has awarded three grants totaling more than $900,000 to a university, a college, and a social service agency in the Western District of New York.

Niagara University in Lewiston, NY, will receive $300,000, and Nazareth College in Rochester, NY, will receive $299,957, under the Grants to Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program. The program focuses on combatting domestic violence, dating violence, sexual assault, and stalking on campuses. These comprehensive efforts are designed to enhance victim services, implement prevention and education programs, and develop and strengthen security and investigation strategies in order to prevent, prosecute, and respond to domestic violence, dating violence, sexual assault, and stalking.

Niagara University will partner with the New York State Police, Campus Sexual Assault Victims Unit, Niagara County Sheriff Victim Assistance Unit, and the YWCA of the Niagara Frontier. Nazareth College will partner with the New York State Police, the Willow Domestic Violence Center, and RESTORE Sexual Assault Services. Efforts to implement a comprehensive violence against women project on campus will include: prevention programming; ongoing training to all law enforcement on how to effectively respond to these crimes; access to 24-hour confidential victim services and advocacy; and ongoing training to all personnel in the campus disciplinary process.

In addition, Community Services For Every1, Inc. in Buffalo, NY, will be receiving $325,000 under the Training and Services to End Violence Against Women with Disabilities Grant Program. The goal of the program is to create accessible, safe, and effective services for individuals with disabilities and Deaf individuals who are victims of domestic violence, dating violence, sexual assault, and stalking and accountability for those committing such crimes. Community Services for Every1, Inc. will collaborate with the Family Justice Center of Erie County to: train and engage local nonprofit organizations and governmental agencies to better support domestic violence survivors with intellectual/developmental disabilities; connect people with intellectual/developmental disabilities to suitable preventive education and victim support opportunities; and offer education, outreach, and advocacy services to strengthen coordination among domestic violence stakeholder organizations.

“Violence against women can take on many forms, on many different levels, from a college student being victimized on campus, to a vulnerable woman being victimized in a relationship,” stated U.S. Attorney Kennedy. “Whether domestic or dating violence, sexual assault, or stalking, it’s all wrong and it’s all criminal. These grants will go a long way to help: educate women about these criminal behaviors; train those who respond when a crime occurs; and hold those responsible for these crimes accountable.”

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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 Timothy Carter, 45, of Geneva, NY, was arrested and charged by criminal complaint with enticement of a minor. The charge carries a minimum penalty of 10 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on May 12, 2020, an undercover law enforcement officer with the Geneva Police Department was on social media utilizing an undercover online account when he received a picture of a naked male from a user named “Timothy Carter.” For approximately an hour after receiving the picture, the undercover officer and the defendant exchanged messages that were sexually explicit at times. During the exchange, the undercover officer stated that he was a 14 year-old boy. Carter then asked the undercover officer to meet in person. A short time later, the defendant arrived at a predetermined location and was taken into custody.

On May 19, 2020, the Geneva Police Department executed a search warrant on Carter’s cellular phone and determined it was used to send the messages to the undercover officer.

The complaint is the result of an investigation by the Geneva Police Department, under the direction of Chief Michael J. Passalacqua; the Canandaigua Police Department, under the direction of Chief  Mathew Neilsen, and the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a two week trial, a federal jury has convicted Henry Lloyd, 34, and Roman Dunnigan, 41, both of Buffalo, NY, of conspiracy to distribute 500 grams or more of cocaine. Lloyd faces a mandatory minimum penalty of 10 years in prison, and a maximum of 40 years, while Dunnigan faces a mandatory minimum penalty of five years in prison and a maximum of 40 years.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Charles E. Watkins, Jr., who handled the prosecution of the case, stated that on May 7, 2017, the defendants purchased last-minute airline tickets to travel from Buffalo to Houston, TX. Defendant Lloyd, who was on supervised release at the time as a result of a prior conviction, never sought permission from his probation officer to travel. The following day, May 8, 2017, Lloyd, along with two females, were stopped at the Buffalo Niagara International Airport by TSA Agents and found to be in possession jointly of $64,000, which was seized by the DEA. Lloyd, Dunnigan, and the two females rebooked a flight for the next day, traveling from Rochester, NY, to Houston, TX. The DEA learned of this flight and notified the DEA Resident Office in Houston.

A narcotics surveillance unit monitored the travel of Lloyd, Dunnigan, and the two females upon their arrival in Houston. As part of the surveillance, on May 10, 2017, Houston Police Department detectives observed Lloyd and Dunnigan purchase an Intex Inflatable Chair at a nearby Walmart. The next day on May 11, 2017, Houston police officers pulled over a rental vehicle driven by Dunnigan with Lloyd in the passenger seat.  The stop occurred next to a U.S. Post Office, which authorities believed Dunnigan and Lloyd would be utilizing to send cocaine. Upon stopping the vehicle and speaking with both Lloyd and Dunnigan, the defendants told multiple lies to the officer, and were unable to keep their story straight. A K-9 sniff of the exterior of the vehicle revealed the presence of narcotics. During a search of the trunk, police officers located the Intex Inflatable Chair box, which contained approximately one kilogram of cocaine. Lloyd and Dunnigan were arrested and charged locally by the Houston Police Department.

Approximately three weeks later, the Erie County Sheriff’s Office, along with the DEA, executed a search warrant at 1807 Elmwood Avenue in Buffalo. During the search, investigators recovered 177 grams of cocaine, 344 grams of butyryl fentanyl, two empty Intex Inflatable Furniture boxes, paraphernalia used to package and process narcotics for distribution, $5,500 in cash, a receipt in Dunnigan’s name, and a firearm with Dunnigan’s DNA. 

Defendants Lloyd and Dunnigan both have three prior convictions. Dunnigan has prior convictions for 2nd degree Robbery and 3rd degree Possession of a Loaded Firearm in NYS, and a federal conviction for structuring a financial transaction to evade reporting requirements. Lloyd has prior convictions for 4th degree Possession of a Firearm in NYS, and federal convictions for possession with intent to distribute narcotics, and conspiracy to commit money laundering. 

The guilty verdict 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 Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Houston Police Department, under the direction of Chief Art Acevedo; the Niagara Frontier Transportation Authority (NFTA) Police, under the direction of Chief George Gast; the Transportation Security Administration, under the direction of Brett O’Neil; the Erie County Central Police Services Forensic Laboratory, under the direction of Commissioner James Jancewicz; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the U.S. Probation Office, under the direction of Chief Probation Officer Anthony SanGiacomo.

Lloyd is scheduled to be sentenced on December 11, 2020, and Dunnigan is scheduled to be sentenced on December 16, 2020, both 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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned a 24-count indictment charging six defendants with narcotics conspiracy, a conspiracy that ultimately led to the deaths of three individuals, and the burning of their bodies. Named in the indictment are:

• Jariel Cobb, a/k/a Doobie, a/k/a Black, 47, of Buffalo, NY; • James Reed, a/k/a Fatts, 38, of Buffalo, NY; • Jahaan McDuffie; a/k/a Wanka, 29, of Buffalo, NY; • Destenee Bell, a/k/a K, 27, of Cheektowaga, NY; • Deandre Wilson, a/k/a D, 49, of Buffalo, NY; and
• Deshema Clark, 42, of Buffalo, NY.

Assistant U.S. Attorneys Brendan T. Cullinane and Michael J. Adler, who are handling the case, stated that according to the indictment, between 2014 and September 25, 2019, the defendants are accused of conspiring to sell cocaine, heroin, marijuana, and fentanyl in the Buffalo area. In furtherance of this conspiracy, defendants Jariel Cobb, James Reed, and Destenee Bell are accused of maintaining a drug involved premises by utilizing residences at 211 Box Avenue and 973 Fillmore Avenue in Buffalo, to facilitate their drug trafficking activities. Defendants Wilson and Deshema Clark are accused of utilizing 164 Parkridge Avenue, also in Buffalo, for drug trafficking activities. Defendant Jahaan McDuffie is charged with distributing significant quantities of marijuana and heroin.

The indictment further states that between September 15 and 16, 2019, defendants Cobb and Wilson committed murder while engaged in a narcotics conspiracy and Hobbs Act conspiracy. Cobb and Wilson allegedly murdered Miguel Anthony Valentin-Colon, Nicole Marie Merced-Plaud, and Dhamyl Roman-Audiffred and stole from them certain personal property, including cocaine, cellular telephones, and a white Chrysler Pacifica minivan. 

Following the murders, Cobb, Wilson, and defendant Reed are accused of obstruction of justice for burning the bodies of Valentin-Colon and Merced-Plaud, and mutilating and burning the body of Roman-Audiffred. Cobb and Wilson are also accused of conspiracy to damage and destroy a vehicle used in interstate commerce by fire, and damaging and destroying a vehicle used in interstate commerce by fire. Defendant Reed is charged with being an accessory after the fact for assisting Cobb and Wilson.

“The Department of Justice has a capital case review process which culminates in a decision by the Attorney General regarding whether to seek, or not to seek, the death penalty against a particular defendant,” stated U.S. Attorney Kennedy. “That process is underway in this case as it pertains to defendants Jariel Cobb and Deandre Wilson.”

“For the families of Miguel, Nicole, and Dhamyl, we hope that the charges announced today will ease some of your suffering,” said Stephen Belongia, Special Agent- in-Charge of the FBI's Buffalo Office. “And to gang members and other violent criminals, if you choose to live a life fueled by greed and violence, you should know that the FBI and our law enforcement partners stand ready to do everything in our power to ensure you are held accountable for your crimes. While we can’t bring back Miguel, Nicole, and Dhamyl, we hope it brings the families some bit of peace to know that the Western New York law enforcement community came together and threw everything we had at this investigation.”

The indictment also seeks the forfeiture of currency and firearms which resulted from the drug trafficking activities of the defendants, including $16,900 in cash, two 9mm handguns, and 22 rounds of 9mm ammunition.

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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Erie County Central Police Services Forensic Laboratory, under the direction of Commissioner James Jancewicz. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Robert Chapline, 60, of Hamburg, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr., to production of child pornography.  The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine. 

Assistant U.S. Attorneys Aaron J. Mango and Caitlin Higgins, who are handling the case, stated that between February 13, 2016, and October 2, 2017, the defendant coerced a minor (Victim) to engage in sexually explicit conduct for the purpose of producing visual depictions. In February 2016, the Victim was in the care of Chapline who took photographs of the Victim getting out of a shower and then posing in a bedroom. The defendant engaged in sexual contact with the Victim on several occasions between 2012 and 2017.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Hamburg Police Department, under the direction of Chief Kevin Trask; and the Regional Computer Forensics Laboratory.

Sentencing is scheduled for December 17, 2020, 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 David Mondore, 29, of New York, New York, was arrested this morning in Manhattan and charged by complaint with unauthorized access to computer systems in furtherance of any criminal act in violation of state law; unauthorized access to a protected computer in furtherance of fraud; and aggravated identity theft. The unauthorized access charges carry a maximum penalty of five years in prison and a $250,000 fine. Aggravated identity theft carries a mandatory two years in prison, which must be served consecutive to any penalty imposed on other charges. 

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, on December 5, 2019, the FBI received information that the Snapchat account of a SUNY Geneseo student (Victim l) may have been compromised. According to Victim 1, she received a message from a Snapchat account owned by an acquaintance (Acquaintance 1). The person messaging Victim 1 from Acquaintance l's account asked her for her Snapchat login credentials under the ruse that Acquaintance 1 would use Victim l's account to check whether “Acquaintance 1” had been “blocked” by another user. Victim 1 shared her credentials to the person using Acquaintance l's account. Soon after, Victim 1 received a text message purported to be from Snapchat Security indicating that her account had been locked and that she needed to provide a pin number to unlock it. The text message also advised that the pin requested would be the same pin used for Victim l's “My Eyes Only” folder in her Snapchat account. Victim 1 replied and provided the pin number for the folder.

Shortly thereafter, Victim 1 received an email from the true Snapchat, notifying her of a new device login to her account. The true Snapchat also notified Victim 1 that the email address associated with her account had been changed, preventing access to her account. Victim 1 was later made aware that the person who had gained access to her Snapchat account used her account to send an explicit photo of her, which had been saved in her Snapchat account, to 116 Snapchat users on her Snapchat friend list. The photo was captioned, “Flash me back if we are besties.” Four of Victim 1's friends responded, sending explicit pictures of themselves.

One of the friends who responded was Acquaintance 2, and like Victim 1, Acquaintance 2 was a student at SUNY Geneseo at the time. She stated that once she replied with an explicit picture of herself, she noticed that Victim 1's Snapchat account saved the photo, which Acquaintance 2 noted was unusual for Victim 1 to do. Acquaintance 2 then received a text message from Victim 1 saying that her Snapchat account had been hacked and apologized if anyone received suspicious messages from her. Acquaintance 2 then filed a police report fearing that the individual who had accessed Victim l's Snapchat account had the explicit photo Acquaintance 2 sent to Victim l's account. Subsequently, Victim 1 advised that multiple high school friends of hers from her hometown of Delmar, New York, had their Snapchat accounts hacked in a similar way. Most, if not all, of the victims attended the high school she attended and had some connection to Acquaintance 1.

A second victim, Victim 2, who lives in the Northern District of New York, filed a police report on December 7, 2019. According to Victim 2, his Snapchat account received messages from Acquaintance 3's Snapchat account requesting his login credentials for his Snapchat account. The person operating Acquaintance 3's account claimed that she deleted her Snapchat account and wanted to login from Victim 2's account to confirm her account was deleted. Victim 2 provided who he believed was Acquaintance 3 with his Snapchat login credentials. Like Victim 1, a short time later, Victim 2 received a text message purported to be Snapchat Security, indicating that his account was locked due to suspicious activity. The text message then requested Victim 2's pin number to unlock the account. Victim 2 provided his pin number, which was also the same as the pin number for Victim 2's “My Eyes Only” folder. Victim 2 was then locked out of his Snapchat account. Thereafter, Victim 2’s account was used to send a photo of male genitalia to 11 Snapchat users, with the caption “send a nude back.”

Investigators traced the phone numbers purporting to send text messages from Snapchat security and the IP addresses used to hack into the victims’ Snapchat accounts, and each resolved to the defendant, David Mondore. A search of Mondore’s iCloud account revealed the photo of Victim 1 described above; the photos that were sent to Victim 1’s Snapchat account in response to the request for explicit photos; a Snapchat conversation between Victim 1 and Acquaintance 1; and the photo of Victim 2 described above.

“This case should serve as a cautionary reminder that many individuals lurking on social media use those platforms to engage in decidedly anti-social behavior,” stated U.S. Attorney Kennedy. “As alleged, defendant engaged in multiple manipulative techniques in order to hack his way into the accounts of social media users so that he could get what he was after—explicit photographs of those users. While it may sound mundane, my advice is pretty simple and it applies whether you are communicating online or over the phone—do not share your personal information, especially your passwords, with anyone.”         

“David Mondore’s alleged crimes are predatory,” said Stephen Belongia, Special Agent-in-Charge of the FBI’s Buffalo Office. “The facts in this case are all-too-familiar to us in the FBI. Here, and across the globe, we have witnessed hackings coupled with exploitation and extortion, and our agents and analysts are acutely focused on attacking this cyber-related criminal behavior. I thank the brave victims in this case who, although terrorized, came forward and reported what happened to them. And while it must have been difficult to do, by coming forward they were instrumental in keeping future names off Mondore’s long list of alleged victims.”

Anyone who believes their Snapchat account was compromised in a similar manner is asked to call the FBI at 716-856-7800.

The defendant is making an initial appearance this afternoon in the Southern District of New York, and will be returned to the Western District of New York at a later date.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a fifth superseding indictment charging George Moses, 50, and Janis White, 58, both of Rochester, NY, with additional charges. Moses is facing additional charges of conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and money laundering. White is facing additional charges of money laundering. Moses faces up to 20 years in prison if convicted, White up to 10 years. 

Assistant U.S. Attorneys Richard A. Resnick and Melissa M. Marangola, who are handling the case, stated that the new charges set forth in the fifth superseding indictment, allege that between February and August 2018, defendant Moses conspired with co-defendant Shirley Boone to defraud the Dormitory Authority of the State of New York (DASNY). In June 2016, Moses, as Executive Director of the North East Area Development Association (NEAD), applied for a $125,000 grant for renovation of the Freedom Market, owned by Freedom Community Enterprise Inc., a subsidiary of NEAD. In August 2017, the grant was approved. Between February and July 2018, Moses and Boone tricked DASNY into believing that NEAD paid Freedom Community $45,000 for construction work which never occurred.  As a result, DASNY reimbursed NEAD $45,000 to which it was not entitled.  

The fifth superseding indictment also alleges that defendant White, who was the Executive Secretary for the Rochester Housing Authority (RHA), and Board Secretary for the Rochester Housing Charities (RHC), started a company called HJJ Property Development Inc. (HJJ Property) in March 2018. HJJ Property, listed as a heating and air conditioning business, was technically owned by White’s mother and stepfather, but controlled by White herself. At times, White prepared a fraudulent invoice from HJJ Property addressed to the RHC which made it appear that HJJ Property had provided services to the RHC. White emailed the fraudulent invoice to defendant Moses. RHC then paid HJJ Property the amount contained on the fraudulent invoice. 

On other occasions, contractors provided the RHC with an estimate for services to be performed for the RHC or NEAD.  Estimates were emailed to Moses who would email them to White. In turn, White prepared a fraudulent invoice from HJJ Property addressed to the RHC, which made it falsely appear that HJJ Property would be providing the services to the RHC that were actually going to be performed by another contractor. The amount requested to be paid on the HJJ Property fraudulent invoice would be more than what the other contractor had originally requested for such services. Moses then approved the payment of the fraudulent invoice by the RHC. The additional charges against White involve her conducting monetary transactions with the proceeds of the fraud to conceal that the proceeds came from fraudulent activity.

The fifth superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.

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 Freedom Lee, 26, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of drug trafficking. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.

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

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

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

Sentencing is scheduled for December 4, 2020, at 2:00 p.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew C. Ostrowski, 48, of North Tonawanda, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 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, after receiving a report from the National Center for Missing and Exploited Children, Homeland Security Investigations (HSI) and the North Tonawanda Police Department executed a search warrant at the defendant’s North Tonawanda residence on December 17, 2019.

A total of seven digital items were seized during the search. A forensic examination recovered 12 image files of suspected child pornography on a desktop computer. In total, 4,204 image files of suspected child pornography, and an additional 8,523 image files of child exploitative material, were recovered on the desktop computer. A vast majority of the suspected child pornography files depict minors under the age of 12, approximately 101 images depict infants or toddlers, and another approximately 48 images depict violence against minors. In addition, Google searches for child pornography were also recovered. 

Following the execution of the search warrant, Ostrowski turned his iPhone over to investigators. A forensic examination of the defendant’s phone recovered text conversations that appeared to be sexually explicit conversations with minors. The first conversation spanned two days in January 2019. During this conversation, Ostrowski and a minor he believes is 16 years old discuss a sexual relationship the minor is purportedly having with his/her adult teacher. The minor corrected the defendant, telling him that he/she was 17 years old, not 16 as Ostrowski believed. In response, the defendant wrote, “Omg you where [sic] 14 When we started talking and play Im [sic] such a scumbag. A second sexually graphic conversation between Ostrowski and an unidentified individual occurred in March 2019. At one point in the conversation, the defendant references “your fertile teen age womb.”

On February 5, 2020, HSI and the North Tonawanda Police once again executed federal search warrants, seizing a new iPhone the defendant possessed, and a laptop computer. Following a forensic examination, no images of child pornography were found on the phone. However, 178 image files and five videos of suspected child pornography were found on the laptop computer. A vast majority of the suspected child pornography files depict minors under the age of 12.

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

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the North Tonawanda Police Department, under the direction of Chief Randy Szukala.

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 Melissa C. Daniels-Johnson, 39, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to assaulting a federal officer. The charges carry a maximum penalty of one year in prison, and a $100,000 fine.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that on March 19, 2020, at approximately 6:50 p.m., the defendant drove her vehicle into the parking lot of the Cheektowaga Branch Post Office by traveling the wrong way through an exit driveway. A USPS Letter Carrier (Letter Carrier) collecting mail from the mailboxes in the parking lot advised Daniels-Johnson that she had entered the parking lot through the exit driveway. In response, the defendant shouted profanities at the Letter Carrier and threatened to cough on him to give him the Coronavirus. The manager of the Cheektowaga Branch Post Office came out to the parking lot and attempted to calm Daniels-Johnson down. The defendant subsequently drove her vehicle out of the parking lot, passing by the Letter Carrier, who had resumed collecting mail from the mailboxes. As she passed the Letter Carrier, Daniels-Johnson stopped her vehicle and told the Letter Carrier her husband was going to beat him up, and then spit on the Letter Carrier, hitting the Letter Carrier in the leg.

The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local, and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears. The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To address this, Attorney General Barr created the COVID-19 Hoarding and Price Gouging Task Force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov. 

The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.

Sentencing is scheduled for November 30, 2020, at 1:00 p.m. before Judge Roemer.

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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 Terrance Rainey, 35, of Rochester, NY, who was convicted of bank robbery by use of a dangerous weapon, was sentenced to serve 240 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay $30,208.00 in restitution.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on May 25, 2016, Rainey and co-defendant Latrell Parson robbed the First Niagara Bank on Winton Road in Henrietta, NY. The two men entered the bank, and Parson approached the teller, pointed an air pistol that appeared to be a semi-automatic handgun at her, handed her a bag and ordered her to fill it with money. At the same time, Rainey held the other bank employees at gunpoint with an air pistol that appeared to be a semi-automatic handgun. The teller complied with Parson’s demand, and Parson and the defendant then exited the bank and drove away in a vehicle. They then set fire to that car in the back parking lot of a bowling alley on Jefferson Road in Rochester.

On July 14, 2016, Rainey and Parson robbed the Chase Bank on State Route 31 in Macedon, NY. The defendant and Parson entered the bank wearing hooded sweatshirts, masks, and gloves, each brandishing a semi-automatic pistol, and ordered bank employees to get on the floor. Parson handed a bag to a teller and demanded that money be placed in the bag. The teller complied and Parson and the defendant then fled the bank in a SUV. Parson and Rainey then abandoned that vehicle behind a plaza adjacent to the bank.

On October 18, 2016, Rainey and Parson robbed the M&T Bank located on Oak Orchard Road in Elba. The two men entered the bank wearing hooded sweatshirts with face coverings and gloves, and pointed handguns at the employees. Parson threw a bag to one of the bank employees, ordering her to fill it with cash. The teller complied, and Parson and the defendant took the money and fled the bank, got into a car, and drove away. They then pulled into a vacant lot, switched vehicles, and left the area.
Latrell Parson was previously convicted and sentenced to serve 141 months in prison.

The sentencing is the result of an investigation by the New York State police, under the direction of Acting Major Barry Chase; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr.; the Macedon Police Department, under the direction of Chief John P. Colella; and 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 Luke Vuittonet, 19, of Pittsford, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography. The charge carries carry a mandatory minimum penalty of 15 years in prison, a maximum penalty of 30 years in prison, and a $250,000.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between August 6 and August 12, 2019, the defendant produced digital photographs depicting a 13-year-old minor victim engaged in prohibited sexual conduct.  The images were produced on Vuittonet’s cellular telephone.

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

Sentencing is scheduled for December 1, 2020, at 9:30 a.m. before Judge Siragusa.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a five-count indictment charging Justin Terwilliger, 40, of North Hornell, NY, with filing false tax returns. The charges carry a maximum penalty of three years in prison, and a $250,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, for calendar years 2013 through 2017, the defendant prepared and filed false tax returns with the Internal Revenue Service. These returns falsely reported that Terwilliger had little or no taxable income, even though in fact he had substantial taxable income of approximately $125,000 in 2013, $190,000 in 2014, $201,000 in 2015, $185,000 in 2016, and $249,000 in 2017.

The defendant was arraigned before U.S. Magistrate Judge Marian W. Payson.  Terwilliger is presently in custody serving an unrelated state sentence.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Casado, 32, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, fentanyl, heroin, cocaine, and crack cocaine, was sentenced to serve 121 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that the defendant was the leader of a Rochester-based drug trafficking conspiracy. Between December 2017 and May 15, 2019, Casado conspired with multiple co-defendants to sell fentanyl, heroin, cocaine, and crack cocaine out of drug houses located on Clifford Avenue and Treyer Street in Rochester. The defendant obtained bulk quantities of the drugs from various suppliers, which he and other members of the conspiracy would then repackage for individual sale. During the course of the conspiracy, the Drug Enforcement Administration made 13 controlled purchases from the defendant or a co-defendant.

On March 14, 2019, a search warrant was executed at 467 Clifford Avenue. Investigators recovered 19 bags of fentanyl, nine bags of powder cocaine, nine bags of crack cocaine, materials used to package controlled substances for distribution, 1,800 rounds of .22 caliber ammunition, and 50 shotgun shells. On May 15, 2019, a second search warrant was executed at 467 Clifford Avenue. During that search, investigators recovered a .22 caliber pistol. Also on May 15, 2019, a search warrant was executed at 125 William Warfield Drive in Rochester, and investigators found and seized $3,970.00 in cash hidden in a heating duct.

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 Rochester Police Department, under the direction of Chief La’Ron Singletary.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Singletary, a/k/a Freeze, 38, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to obstructing an official proceeding. The charge carries a maximum penalty of life in prison and a $250,000 fine.

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

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

On October 25, 2017, representatives of the United States Attorney’s Office and the FBI met with Singletary to prepare Singletary for testimony in the trial of Rodshaun Green and Ernest Black. An Assistant U.S. Attorney (AUSA) reviewed the January 11, 2010, sworn statement the defendant made to the Buffalo Police Detectives and the defendant’s sworn grand jury testimony from December 6, 2011. Singletary expressed reluctance to testify and did not want to read his prior Buffalo Police statement or his grand jury testimony, so the AUSA read it to the defendant and Singletary agreed that both his Buffalo Police statement and his grand jury testimony were true and accurate.

On November 29, 2017, representatives of the United States Attorney’s Office and the FBI again met with the defendant prior to his trial testimony scheduled for that day. Singletary again expressed reluctance to testify, but agreed to do so. The defendant told the government representatives that he had a problem testifying in front of Rodshaun Black’s mother because he had known her for a long time. Singletary then refused to review his grand jury testimony from December 6, 2011, and the statement he gave to Buffalo Police detectives on January 11, 2010, but said he was not worried because everything he had said previously was true.

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

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

Sentencing is scheduled for November 12, 2020, at 1:30 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 Raison Holt, 25, of Buffalo, NY, who was convicted of high speed flight from a border checkpoint, was sentenced to serve 20 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on January 20, 2020, around 6:00 a.m., the defendant was driving a motor vehicle on the Lewiston-Queenstown Bridge, heading into Canada. Before entering Canada, Holt turned around in the middle of the bridge and drove toward the United States at the Lewiston Bridge Port of Entry in Lewiston. Despite numerous “stop” signs posted by U.S. Customs and Border Protection, the defendant failed to stop for federal inspection.

At a vehicle check point just past the initial inspection gate, a CBP officer verbally ordered Holt to stop, but the defendant ignored the command and accelerated on Interstate 190, and then onto the route 104 exit ramp. CBP vehicles gave chase in pursuit of the defendant’s speeding vehicle. Officers witnessed Holt lose control of his vehicle and crash into a ditch on the side of the road. The defendant attempted to run away but officers took the Holt into custody. It was subsequently determined that the vehicle the defendant was driving was stolen. Holt was turned over to the Buffalo Police Department for an outstanding arrest warrant for Grand Larceny and Unauthorized Use of a Motor Vehicle.

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

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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 Vincent Gibson, 39, of Buffalo, NY, who was convicted of bank robbery, entering a bank with intent to commit a larceny, bank larceny, and interstate communication of a threat to injure a person, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $5,000 to M&T Bank.

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that the defendant committed four bank robberies, and attempted to rob a fifth bank:

• On September 11, 2017, Gibson robbed the M&T Bank located at 1300 Jefferson Avenue in Buffalo; • On September 13, 2017, the defendant attempted to rob the Key Bank at 592 Elmwood Avenue in Buffalo; • On September 13, 2017, Gibson robbed the M&T Bank located at 130 Grant Street in Buffalo; • On September 18, 2017, the defendant robbed the M&T Bank at 644 Bailey Avenue in Buffalo; and
• October 10, 2017, Gibson robbed the M&T Bank at 1877 Main Street in Buffalo.

In addition, on October 14, 2018, a woman with whom Gibson has a child, was threatened by the defendant via text message after she ended their relationship. Those threats included statements such as, “I'm (sic) kill you and I mean it,” “I'm about to get your kids,” and “I be at your house you die.”

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

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