Western District of New York

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 Rubel, 38, of Kenmore, NY, was arrested and charged by complaint with production and possession of child pornography. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.

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

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

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions, to include home detention. 

The complaint is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

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

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The Justice Department announced today that it reached an agreement with the Gates Chili Central School District in Rochester, New York, to resolve the department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA).

The department’s complaint alleges that the school district denied a student with disabilities equal access to school by conditioning her use of a service dog on her parent providing a full-time dog handler, despite the student’s demonstrated ability to control and handle her service dog with minimal assistance and the service dog’s extensive training to serve and respond to the student and follow school routines. Ultimately, the family relocated to another school district where the child could exercise her right to use her service dog without unnecessary and discriminatory conditions. Since their move two years ago, the student has successfully acted as the handler of her service dog in her new school.

“For years, the school district in this case violated the Americans with Disabilities Act by limiting this child’s use of her service dog based on unfounded assumptions and generalizations about her disabilities,” said Assistant Attorney General Eric Dreiband. “Families should not have to uproot their lives, disrupt their child’s education, move away from friends, and pay tens of thousands of dollars because a school district fails or refuses to respect the civil rights of children. Service animals today are trained to perform tasks that foster autonomy and independence for students with a myriad of disabilities. This agreement sends a powerful message that the Justice Department is committed to ensuring that no child with a disability is limited in what he or she can achieve because of the fears or prejudices of others.”

“The ADA guarantees individuals with disabilities equal access and equal opportunity in all areas of community life, including in schools,” said James P. Kennedy, Jr., U.S. Attorney for the Western District of New York. “This agreement is an important step forward in ensuring that students with disabilities can fully participate at school and in all educational programs.”  

Under the settlement agreement, the school district revised its Service Animal Policy consistent with the ADA and the district court’s rulings in this case and will train staff on the revised policy. The school district also agreed to provide reasonable modifications to facilitate the use of a service dog by a student with a disability. Such modifications include the types of minimal assistance the school district refused to provide the student in this case, such as helping to tether or untether a service dog, assisting a student to get water for a service dog, and prompting a student to issue commands to a service dog. In addition, the school district will pay the student’s mother $42,000 for out-of-pocket expenses and damages for emotional distress. This matter was jointly litigated by the department’s Civil Rights Division and the U.S. Attorney’s Office for the Western District of New York.

July 26, 2020 marked the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Please visit the department’s ADA Anniversary webpage to learn more about the ADA’s history and impact.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.

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

ROCHESTER, NY – The Justice Department announced today that it reached an agreement with the Gates Chili Central School District in Rochester, New York, to resolve the Department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA).

The Department’s complaint alleges that the School District denied a student with disabilities equal access to school by conditioning her use of a service dog on her parent providing a full-time dog handler, despite the student’s demonstrated ability to control and handle her service dog with minimal assistance and the service dog’s extensive training to serve and respond to the student and follow school routines. Ultimately, the family relocated to another school district where the child could exercise her right to use her service dog without unnecessary and discriminatory conditions. Since their move two years ago, the student has successfully acted as the handler of her service dog in her new school.

Under the settlement agreement, the School District revised its Service Animal Policy consistent with the ADA and the district court’s rulings in this case and will train staff on the revised policy. The School District also agreed to provide reasonable modifications to facilitate the use of a service dog by a student with a disability. Such modifications include the types of minimal assistance the School District refused to provide the student in this case, such as helping to tether or untether a service dog, assisting a student to get water for a service dog, and prompting a student to issue commands to a service dog. In addition, the School District will pay the student’s mother $42,000 for out-of-pocket expenses and damages for emotional distress. This matter was jointly litigated by the Department’s Civil Rights Division and the U.S. Attorney’s Office for the Western District of New York.

“For years, the School District in this case violated the Americans with Disabilities Act by limiting this child’s use of her service dog based on unfounded assumptions and generalizations about her disabilities,” said Assistant Attorney General Eric Dreiband. “Families should not have to uproot their lives, disrupt their child’s education, move away from friends, and pay tens of thousands of dollars because a school district fails or refuses to respect the civil rights of children.  Service animals today are trained to perform tasks that foster autonomy and independence for students with a myriad of disabilities. This agreement sends a powerful message that the Justice Department is committed to ensuring that no child with a disability is limited in what he or she can achieve because of the fears or prejudices of others.”

“The ADA guarantees individuals with disabilities equal access and equal opportunity in all areas of community life, including in schools,” said James P. Kennedy, Jr., U.S. Attorney for the Western District of New York. “This agreement is an important step forward in ensuring that students with disabilities can fully participate at school and in all educational programs.”  
 
July 26, 2020 marked the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Please visit the Department’s ADA Anniversary webpage to learn more about the ADA’s history and impact.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.

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 Lisa Holmes, 34 of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute and to distribute, heroin, fentanyl, cocaine, and butyryl fentanyl. The charge carries a maximum sentenced of 30 years in prison and a $2,000,000 fine.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that between April 2019 and September 2019, the defendant conspired with others to sell heroin, cocaine, fentanyl, and butyryl fentanyl. In April and May 2019, Holmes sold narcotics to an individual working with investigators on six occasions.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Hamburg Police Department, under the direction of Chief Kevin Trask.

Sentencing will be scheduled at a later date before Judge Skretny.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Cooley, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute cocaine and crack cocaine, was sentenced to serve 33 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in the early morning hours of June 3, 2018, the defendant was driving a vehicle stopped by the Buffalo Police Department after it was observed committing traffic violations for excessive tinted windows and speeding. Officers searched the vehicle after detecting a strong odor of marijuana coming from it. Quantities of suspected cocaine and crack cocaine were recovered, along with marijuana, a scale, gloves, packaging, and seven cellphones.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, 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 David Roy Jones, 55, formerly of Rochester, NY, was sentenced to serve 20 years in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney John J. Field, who handled the case, stated that in the summer of 2006, the defendant produced child pornography involving two minors, one of whom was under Jones’ custody, care, and control. Jones, who produced the images and videos in the Rochester area over a period of years, did so after giving his minor victims alcohol and drugs. The defendant, after saving pornographic images of the minors to multiple storage media devices, transported them from New York to Tennessee. Jones was subsequently arrested and convicted in Tennessee on similar charges involving other minors.

Upon hearing of Jones’ arrest in Tennessee, one of his Rochester victims, who is now an adult, contacted the FBI to report what had occurred to her during her childhood. The victim reported that the defendant, while in Rochester, groomed and sexually abused her for many years.

The sentencing is the result of an investigation by the Hamblen County, Tennessee, Sheriff’s Office, under the direction of Sheriff Esco R. Jarnagin, 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael F. Hanley, 49, of Clearwater, Florida, pleaded guilty, before U.S. Magistrate Judge Michael J. Roemer, to threatening a federal employee. The charge carries a maximum penalty of one year in prison and $100,000 fine.

Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that the defendant was formerly employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner. During his tenure at the VA, Hanley became acquainted with another VA employee (Victim), and the two had a history of contentious interactions.

The defendant left a series of similar voicemails on the Victim’s phone between October 15, 2018, and November 13, 2019, in which he threatened to kill the Victim and the Victim’s family.

The plea 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.

Sentencing is scheduled for November 18, 2020, at 10:30 a.m. before Judge Roemer.

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

ROCHESTER, NY – U.S. Attorney James P. Kennedy, Jr. is thanking President Trump for pardoning Susan B. Anthony today, on the centennial of the ratification of the 19th Amendment to the U.S. Constitution.

U.S. Attorney Kennedy stated, “On behalf of the citizens of Western New York, I commend and thank President Trump for his decision to pardon, Susan B. Anthony, our courageous native sister who, from our little corner of this great Nation, launched the Suffrage movement and spent her adult-life fighting tirelessly for abolition, educational reforms, and women’s rights. Anthony’s efforts transformed our Constitution and, with it, our country, and the President’s pardon of her on the centennial of the ratification of the 19th Amendment reminds us that Anthony’s quest for equality, freedom, and justice is one that continues today.”

Susan B. Anthony, 1820 – 1906, moved to upstate New York in 1826 and spent most of her life pursuing recognition of women’s rights, and particularly the right to vote. Anthony campaigned for women’s suffrage for over 50 years.  Her tireless advocacy, passion, perseverance, leadership, and ultimately persuasive effect was such that the 19th Amendment to the U.S. Constitution granting women the right to vote became known as the Susan B. Anthony amendment. A fighter to the end, Anthony’s last speech, a month before her death, concluded “failure is impossible!” 

Anthony was able to vote in a state or federal election only once in her life, and it resulted in her criminal conviction.

An indictment returned by a grand jury in Albany on January 24, 1873, charged Anthony with voting in Rochester (then) in the Northern District of New York, on November 5, 1872, “for a Representative in the Congress of the United States . . . without having a lawful right to vote in said election district (the said Susan B. Anthony being then and there a person of the female sex).”

U.S. Supreme Court Justice Ward Hunt presided at the trial, conducted July 17-19, 1873 in U.S. Circuit Court for the Northern District of New York in Canandaigua . Three witnesses testified that: Anthony had been permitted to register to vote upon her claim that her right to do so rested not on the New York Constitution, which excluded women, but on the 14th Amendment to the Constitution of the United States; when Anthony voted on November 5, 1872, her right to do so was not challenged; Anthony’s counsel had advised her, before the election, that the laws and Constitution of the United States authorized her to vote and to do so if the inspectors would receive her vote; and, Anthony had testified in a preliminary proceeding that she had no doubt of her right to vote and would have done so had she not consulted her counsel.

Justice Hunt instructed the jury that: “Assuming that Miss Anthony believed she had a right to vote, that fact constitutes no defense if in truth she had not the right. She voluntarily gave a vote which was illegal, and thus is subject to the penalty of the law. Upon this evidence I suppose there is no question for the jury and that the jury should be directed to find a verdict of guilty.” 

Anthony had not been allowed to testify, but was afforded an opportunity to speak before sentence was pronounced.  She said to Justice Hunt: “in your ordered verdict of guilty, you have trampled under foot every vital principle of our government. My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored. Robbed of the fundamental privilege of citizenship, I am degraded from the status of a citizen to that of a subject; and not only myself individually, but all of my sex, are, by your honor's verdict, doomed to political subjection under this, so-called, form of government. . . Your denial of my citizen's right to vote, is the denial of my right of consent as one of the governed, the denial of my right of representation as one of the taxed, the denial of my right to a trial by a jury of my peers as an offender against law, therefore, the denial of my sacred rights to life, liberty, property.”

Justice Hunt sentenced Anthony to pay a $100 fine and the costs of prosecution. She responded, “I shall never pay a dollar of your unjust penalty.”  Justice Hunt replied, “Madam, the Court will not order you committed until the fine is paid.”  The nature of the trial and sentence meant there could be no appeal.   
Eleven other women were indicted for voting illegally, but a nolle prosequi was entered for each of them. The three elections inspectors who had received the votes were convicted at trial after Anthony’s.  They were fined but refused to pay and eventually were jailed and then pardoned by President Ulysses S. Grant. 

In January of 1874, Anthony petitioned Congress to remit her fine, but a bill to do so did not pass.

Anthony continued to advocate for women’s suffrage for 32 more years, including serving as president of the National American Woman Suffrage Association from 1892-1900. On August 18, 1920, fourteen years after Anthony’s death, her goal was achieved by the ratification of the 19th Amendment, providing that: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”

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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 Brandi M. Whitford, 24, of Jamestown, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. to maintaining a drug-involved premises. The charge carries a maximum penalty of 20 years in prison, and a $500,000 fine.  

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between September 2019 and October 23, 2019, the defendant and co-defendant Richard E. Kinsey Jr. used a residence on Newland Avenue in Jamestown, to manufacture, distribute, and use methamphetamine. On September 6, 2019, investigators executed a New York State search warrant at the residence, recovering three firearms. A fourth firearm was thrown from the residence during the execution of the search warrant. Investigators also recovered methamphetamine throughout the residence, approximately $12,045 in US currency, assorted ammunition, and drug paraphernalia, including scales and packaging material. 

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

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

Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard S. Dean, 44, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 500 grams of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a fine of $10,000,000.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that the defendant was a drug trafficking associate of co-defendant Douglas Beardsley. During the conspiracy, Dean would go over to Beardsley’s residences on Linden and Forest Avenues in Jamestown several times a week and pick up ounces of methamphetamine and grams of heroin to sell for Beardsley. At times, Beardsley would “front” the narcotics to the defendant to sell. Dean and Beardsley would often communicate about their drug trafficking, including through their Facebook accounts. 

On January 6, 2019, local law enforcement observed a suspicious male, later identified as the defendant. Dean became evasive and ran from officers. Shortly thereafter, the defendant was taken into custody and arrested on an outstanding warrant. Dean was transported to the Jamestown City jail where a subsequent search revealed that he possessed methamphetamine, heroin, plastic baggies, a digital scale, and Dimethyl Sulfone, a common cutting agent for methamphetamine. On March 21, 2019, the defendant pleaded guilty in Chautauqua County Court to Criminal Possession Controlled Substance-5th: Intent To Sell and Criminal Sale Controlled Substance-5th Degree.

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

Sentencing is scheduled for November 23, 2020, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Alexander Carnahan, 27, of Randolph, NY, was arrested and charged by criminal complaint with 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 Charles M. Kruly and Elizabeth R. Moellering, who are handling the case, stated that according to the complaint, on June 9th, 2020, the Jamestown Police Department responded to a residence for a report of alleged child sexual abuse involving an 11 year-old (Victim). The Victim’s mother advised officers that another one of her children gave her a cell phone belonging to the defendant, who was staying with the family, and told her that there were nude images of the Victim on the phone. The Victim’s mother searched the phone and found what she believed to be nude images of the Victim. The mother then kicked Carnahan out of the family residence.

On June 16, Jamestown Police Officers executed a state search warrant on the defendant’s phone but did not locate any images or videos depicting child pornography. On June 17, 2020, a federal search warrant was executed on the defendant’s Google account. Investigators recovered several images and videos that appeared to match descriptions provided by the Victim’s mother. The investigation determined that the defendant transferred the images and videos from his phone to his Google account. Investigators also recovered child pornography images that Carnahan did not produce himself.

On August 13, 2020, a search warrant was executed at the defendant’s current residence in Randolph. A second warrant authorized photographs of Carnahan’s hands to determine whether his hands matched a hand seen in the images of child pornography recovered by investigators.

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

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

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Diones Bowens, 24, of Ashtabula, Ohio, who was convicted of conspiracy to transfer firearms purchased outside of state of residency, was sentenced to serve two years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Charles J. Volkert, Jr. and Joshua A. Violanti, who handled the case, stated that between November 2017 and May 11, 2018, the defendant, without being a licensed firearm importer, manufacturer, dealer, or collector, conspired with Robert L. Williams, Jr., to transport firearms into New York State from the State of Ohio. Bowens conducted straw purchases of firearms in Ohio in his own name, while knowing that the firearms were actually paid, and intended, for Williams, who lived in New York.

Robert Williams was previously convicted and is awaiting sentencing. 

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

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Wade J. Paulisick, Jr., 22, of Jamestown, NY, with possessing with intent to distribute 100 grams or more of acetyl fentanyl, 40 grams or more of fentanyl, five grams or more of methamphetamine, buprenorphine, possession of a firearm in furtherance of drug trafficking activities, and possession of a stolen firearm. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the indictment and a previously filed complaint, on September 26, 2019, the Jamestown Metro Drug Task Force and the Jamestown Police Swat Team executed a search warrant at the defendant’s Tower Street residence. Officers recovered a quantity of suspected fentanyl and methamphetamine, as well as a handgun.

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb.

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

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Bryan Ferrer-Vazquez, 27, of Jamestown, NY, who was convicted of conspiracy to distribute one kilogram or more of heroin, was sentenced to serve 78 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who handled the case, stated that beginning in early 2016, Ferrer-Vazquez distributed heroin and cocaine for a drug trafficking organization led by co-defendant Sigfredo Martinez. The defendant was responsible for the “day shift” transactions, while another co-defendant, Alex Mercado, was responsible for “night shift” transactions. Ferrer-Vazquez would receive a couple hundred bundles of heroin from Martinez every few days and was tasked with distributing it to users and lower-level dealers. The defendant then turned over the proceeds to Martinez and took payment for his role in the distribution.

During the course of the investigation, the Drug Enforcement Administration conducted three controlled purchases of heroin and cocaine from Ferrer-Vazquez, who was arrested on April 6, 2017, at his Buffalo Street residence. A federal search warrant was executed at the residence and investigators recovered 19 cellphones, a quantity of suspected cocaine hidden in lunchboxes in the rafters of the basement, a quantity of suspected heroin, $2,994 in cash, three ledger notebooks, and a scale. A loaded.380 caliber semi-automatic handgun was found wrapped in rags and a plastic shopping bag locked inside a cabinet in the detached garage.

Alex Mercado and Sigfredo Martinez were both previously convicted and sentenced to serve 120 months and 175 months in prison respectively.

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Chautauqua County Sheriff’s Department, under the direction of Sheriff James B. Quattrone; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.; the New York State Police, under the direction of Major James Hall; and the Dunkirk Police Department, under the direction of Chief David Ortolano.

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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 Adam Williams, 33, of Burt, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on October 3, 2017, investigators executed a search warrant at the defendant's residence after discovering that Williams was utilizing a peer-to-peer network to distribute child pornography. Items seized from the defendant's residence that contained child pornography included a laptop computer, and a hard drive. A forensic analysis recovered in excess of 11,000 images and 290 videos of child pornography on the laptop and hard drive. Some of images included prepubescent minors and depictions of 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 Mary Kettle, 36, Olean, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between July 2018 and December 30, 2018, the defendant conspired with Erin Cameron and others sell butyryl fentanyl.

On October 22, 2018, the Bureau of Indian Affairs, Drug Enforcement Administration, and the Southern Tier Regional Drug Task Force set up a controlled purchase of butyryl fentanyl with Erin Cameron. The delivery of the butyryl fentanyl was made by the defendant. A second controlled purchase of butyryl fentanyl was made on February 6, 2019, and once again Kettle made the delivery.

Erin Cameron was previously convicted and is awaiting sentencing. 

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

Sentencing is scheduled for December 9, 2020, at 2:00 p.m. before Judge Sinatra.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Samuel Mara, 24, of Buffalo, NY, was arrested and charged by criminal complaint with posting a video on Facebook threatening to injure or kill another person. The charge carries a maximum penalty of five years in prison and a $250,000.

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

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

According to investigators, the defendant made multiple threatening posts on social media accounts he controlled, including:

• On June 16, 2020, Mara posted on Facebook: “Hey slave (redacted social media name known to law enforcement).. I’ll be at the Niagara Square today around 2-3 for a few hrs, if you or [Victim 1] the ROBOT wanna talk to me MAN to MAN then come see ME, we can do it without cameras as well idc.”

• On June 18, 2020, Mara posted a photo on Instagram of an apparent reddish-brown handprint on the McKinley Monument in Niagara Square. The text below the photo read, “samplicitybrand MY blood (syringe icon) MY kingdom (crown icon).” Mara tagged the social media accounts of [Victim 1], the Buffalo Police Department, the Governor of New York State, and A.B., a Buffalo Police Officer.

• Also on June 18, 2020, Mara posted a video on Instagram of himself sitting on the McKinley monument. The text across the video read, “Come take me off MY throne.. I dare you.” During the video, Mara shows a large reddish-brown stain between his feet and says, “That’s my blood.” The defendant then shows a reddish-brown handprint on the monument and states, “That’s my (expletive) hand.” Mara then returns the camera to show his face and states, “Do something about it, take me down. Come here right now, take me down, and come take me off this (expletive).”

• In a June 24, 2020, post on Twitter, which included a screenshot from the social media account of [Victim 1], Mara listed the phone number for the Buffalo Employment Training Center. The text above the photograph read, “I will haunt you for the rest of your life; I already know I am in your soul. Now I will get deeper and deeper. My anger is inexplainable and you will FEEL it.”

• Mara posted a second Tweet on June 24, 2020, which read, “You really got me angry now bra.. you made the WORST decision you could’ve possible made, y’all NEVER try this shit when I’m here.” In that post, the defendant tagged the social media accounts of [Victim 1], the Buffalo Police Officer A.B., and the Buffalo Police Department.

• On June 25, 2020, Mara posted a 37 second video on Instagram showing several individuals from the middle of the street. Police officers are seen facing the crowd as [Victim 1] is walking down the street to a parked car. The defendant is seen with a backpack on walking towards [Victim 1], getting within a several feet of [Victim 1]. A police officer is then seen preventing Mara from approaching and getting any closer. The text below the video read, “samplicitybrand IS THIS YOUR KING???” The Buffalo Police Department was tagged in the post.

• On July 3, 2020, Mara posted four photos of [Victim 1] on Twitter. One photograph showed [Victim 1] wearing a suit and shaking hands with an individual. Another photograph, apparently from a different event, shows [Victim 1] wearing a t-shirt and baseball hat hugging an individual. The text above the photographs read, “Lol really? I know that YOU know MOST ppl won’t see this and see the DIRECT hidden message you’re sending to racists… you really holding a blue lives matter flag man I’m showing you ZER0 mercy when the time comes.. you continue to make me angry.” Victim 1 was tagged in the post.

• The following day, on July 4, 2020, Mara posted a 28 second video on Instagram taken from the sidewalk filming up the driveway of Victim 1’s residence. The defendant commented, “gotta be quicker than thaaat (first name of [Victim 1]).” Mara can also be heard shouting, “yo (first name of [Victim 1]). Can we talk?” At that time, Mara points the camera up the driveway and zooms in on Victim 1 who can be seen standing in the driveway carrying a recycling bin.

• On July 5, 2020, the defendant posted on Snapchat a text which read, “Your son’s soul is next.. warn him.” Another post appears to be a screen capture from a Facebook Messenger direct message conversation between Mara and Victim 1’s son. The text reads:

Sammy Jay: I want your soul
Sammy Jay: Give it to me or I’ll take it from you, thru your eyes.
Sammy Jay: A screenshot of Mara’s feet from the McKinley Monument with the reddish-brown stain on June 18, 2020.
Sammy Jay: That’s my hand.. come do something about it since your father isn’t man enough.

On July 15, 2020, Mara posted a 17 minute video on Facebook showing the driveway of his residence. Text for the video read, “COPS HERE!!!!!!” Buffalo Police Officers are seen standing in the driveway of the residence, along with members of Erie County Crisis Services who are attempting to speak with Mara. The defendant is agitated and can be heard accosting the individuals. At one point in the video, Mara is walking towards one of the police officers and says, “little (expletive) gun too, lucky I don’t take that shit.” The defendant tells the individuals repeatedly that he will not answer to his name, he will only speak to them if they refer to him as, “King Caeser.” Mara was admitted to ECMC where he remained until July 27, 2020. The defendant began uploading new content on social media in the afternoon of July 27, 2020.

On July 18, 2020, the office of Victim 1 was notified by ECMC of a potential threat against his or her person.

On July 29, 2020, Mara posted on Instagram: “No Mercy Buffalo Police Department [Victim 1].” The text was linked directly to the Buffalo Police Department’s official Facebook page and [Victim 1]’s official Facebook page.

“Much as an act of violence is not a Constitutionally protected form of protest, an actual threat of violence is not a Constitutionally protected form of speech,” stated U.S. Attorney Kennedy. “As alleged in the criminal complaint, the defendant’s actions here crossed the line from protected speech to prosecutable conduct.”         

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was held pending a detention hearing on August 12, 2020, at 10:30 a.m.

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 New York State Police, under the direction of Major James Hall; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

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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 Ernest Green, a/k/a Fire, 37, of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and evidence presented by the Government at the defendant’s arraignment today before U.S. Magistrate Judge Jeremiah J. McCarthy, on July 26, 2020, Green drove a vehicle through the Towne Gardens Housing Complex and opened fire with a gun. The defendant then crashed the vehicle into a tree, got out, and ran. Green was seen on video running in an easterly direction, and the firearm he allegedly used in the shooting was found five blocks east of where it occurred.

In November 2004, Green was convicted of a felony in Erie County Court. In October 2010, Green was convicted of a felony in New York State Court. As a result of those convictions, he is legally prohibited from possessing a firearm.

The government requested that Green be detained and he is being held pending a decision by Judge McCarthy on the government’s request.   

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

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

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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 Wehs, 24, of Rochester, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve eight months home confinement and eight years supervised release by U.S. District Judge Elizabeth A. Wolford. The defendant will also have to register as a sex offender.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that members of the FBI’s Child Exploitation Task Force executed a search warrant on September 18, 2019, at the defendant’s residence in Rochester following a cybertip from an online social media company. The tip indicated that an account holder had uploaded an image of child pornography using the company’s messaging application. Investigators ultimately traced the child pornography to Wehs’ Rochester apartment. The defendant’s computer was seized and a preliminary review recovered multiple images and videos of child pornography. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nolan Donald, 21, of Lyndonville, NY, who was convicted of being an unlawful drug user in possession of firearms and ammunition, and possessing with intent to distribute, and distributing marijuana, was sentenced to serve three years home confinement by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that between February 2018 and April 18, 2018, the defendant was addicted to, or was an unlawful user of, marijuana. On April 18, 2018, Donald was arrested following the execution of a search warrant at his residence on North Lyndonville Road. Inside the residence, investigators recovered a 9mm, semi-automatic pistol, loaded with eight rounds of ammunition; a 12-gauge shotgun; 79 rounds of ammunition; a small quantity of marijuana; edible marijuana cookies; and plastic baggies.

Following his arrest, the defendant admitted that he sold marijuana for approximately two years preceding his arrest and continued to sell marijuana and other marijuana products up until the time of his arrest. Donald also stated that he had used marijuana every day for the past year and a half.

Between February 17, 2018, and April 18, 2018, the defendant posted videos and photos to the social media application "Snapchat" in which he appeared to be in possession of a pistol and large quantities of marijuana, and using what appeared to be marijuana and prescription medicine.

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.  

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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 Clifford Billins, 41, of Utica, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, fentanyl, crack cocaine, and heroin, was sentenced to serve 151 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 between September 2017 and August 2018, the defendant conspired with others to sell fentanyl, crack cocaine, cocaine, and heroin. Billins routinely trafficked bulk quantities of illegal narcotics, which were then redistributed to individual drug users in the Rochester and Utica areas.

The sentencing is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County District Attorney’s Office, under the direction of the District Attorney Sandra Doorley; and the Rochester Police Department, under the direction of Chief La’Ron D. 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 David Montemage, 37, of Grand Island, NY, was arrested and charged by criminal complaint with possessing with intent to distribute marijuana, maintaining a drug involved premises, and possession of a firearm in furtherance of drug trafficking crimes. The charges carry a minimum penalty of five years in prison, a maximum of 20 years, and a $500,000 fine.

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

Investigators believe Montemage, who was arrested at the conclusion of the search warrant execution, has been involved in the trafficking and distribution of drugs for over 10 years.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Holland, 28, of Newark, NY, who was arrested in Leesburg, Virgina, on July 17, 2020, has been returned to the Western District of New York to face charges which have been filed against him here. Specifically, defendant, who has been charged in the Western District of New York in a criminal complaint with production, receipt, and possession of child pornography, and online enticement of a minor, made an initial appearance today in Rochester before U.S. Magistrate Judge Marian W. Payson, and is being held pending a detention hearing on August 11, 2020.

Anyone with information concerning Matthew Holland or the social media accounts listed below is asked to contact Homeland Security Investigations at (716) 464-6070 or via email at hsibuffalotips@ice.dhs.gov. 

Snapchat: sheltonmoore47; steph.johnson12; tjohnson755; tj6340; timjohnson755; shelly4794; and s123m321.
Skype: Tim Johnson tjohnson755.
Instagram: timj755; sheltonmoore8945; bkingsbury755; and stephj8882019.
Facebook: Josh Garmon

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint filed against Holland, on March 9, 2020, investigators with the Loudoun County Sheriff’s Office in Leesburg, Virginia, received a report that Snapchat user “Tjohnson755” had engaged in sexually explicit conversations with a 14-year-old minor. The complaint states that “Tjohnson755,” who was later identified as Matthew Holland, coerced the minor into sending him nude photographs. When the minor indicated that she did not wish to continue communicating, the defendant threatened to disseminate the minor’s photographs over the internet. Using this and other threats, Holland coerced the minor to continue to send him sexually explicit photographs and videos.

Loudoun County Sheriff’s Office detectives executed a search warrant on Holland’s “Tjohnson755” Snapchat account, and using IP information, located the defendant’s residence in Newark, NY. While analyzing the Snapchat account, investigators identified dozens of similar conversations with other suspected minors.

On March 9, 2020, with assistance from the Newark Police Department, and the Wayne County, New York, Sheriff’s Office, Loudoun County investigators executed a search warrant at Holland’s residence. A preliminary forensic analysis of computers and other digital items seized revealed hundreds of images and videos of child pornography, including child pornography depicting prepubescent minors, and child pornography that Holland produced, involving known and unknown minors, using his “Tjohnson755” Snapchat account. During the execution of the search warrant, Holland indicated to investigators that he operated Illumination Images on W. Union Street in Newark, New York. Within the dressing room at that business, Holland had installed hidden cameras in order to record customers, including minors, in various stages of undress. Following the execution of search warrant, Holland was arrested and extradited to Leesburg, Virginia, to face a state charges in that jurisdiction.

According to the complaint, Holland recently resigned as a faculty member at Newark High School. The defendant was also previously employed at the YMCA in Canandaigua, New York, and is believed to have surreptitiously recorded individuals at that location. 

If convicted, the defendant faces a mandatory minimum penalty of 15 years in prison, a maximum penalty of life, and a $250,000 fine.

The criminal complaint is the result of an investigation by the Loudoun County, Virginia, Sheriff’s Office, under the direction of Sheriff Michael L. Chapman; the Newark, New York Police Department, under the direction of Chief Mark Thoms; the Wayne County Sheriff’s Office, under the direction of Sheriff Berry Virts; the Canandaigua, New York Police Department, under the direction of Chief Stephen Hedworth; 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 Christopher Tindal, 25, of Rochester, NY, was arrested and charged by criminal complaint with conspiracy to commit arson and arson. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine. 

“Today’s arrest brings the total number charged district-wide with protest related violence in Rochester and Buffalo to 13 individuals, noted U.S. Attorney Kennedy. “As alleged in the various charging documents filed against them, these individuals, including Mr. Tindal, engaged in acts of ‘violent rioting’ not ‘peaceful protest.’ Instead of speaking-out in pursuit of the ideal of justice, these defendants acted-out in denigration of it, and as such, they have been appropriately charged in federal court.”

Assistant U.S. Attorney Cassie M. Kocher, who is handling the prosecution of Mr. Tindal and others similarly charged in Rochester, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. The protests were in response to the death of George Floyd in Minneapolis, Minnesota. During the late-afternoon/early-evening, the protests turned violent, resulting in vandalism, damaged property, looting, and fires. According to the complaint, at approximately 5:05 p.m., an RPD car was damaged by fire and towed away from the PSB. The car were damaged by fire, and the car was determined to be a total loss. Subsequent investigation, including the review of video footage, including City of Rochester blue light cameras, footage from a law enforcement aerial drone, and Facebook Live videos, revealed that defendant was one of the individuals who intentionally set fire to RFD car. Photographs and video show Tindal, who was wearing distinctive clothing and who had a distinctive forearm tattoo, speaking with Dyshika McFadden, who was previously charged with conspiracy to commit arson and arson. The video shows the two talking and then moving towards the RFD car and lighting it on fire. The two used aerosol can and open flame to set fire. Tindal was arrested on July 31, 2020, on state charges related to the RPD car fire.

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Eric Laughton; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team; the Rochester Fire Department, under the direction of Fire Chief Willie Jackson; 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 Jacob Komenda, 24, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on April 27, 2019, members of the Jamestown Metro Drug Task Force executed a New York state search warrant at the defendant’s residence on Partridge Street in Jamestown. Officers recovered methamphetamine and other drug paraphernalia throughout the residence, as well as a 12 gauge shotgun and a stun gun.

On September 5, 2019, investigators executed a second state search warrant at the defendant’s residence, this time on Fairview Avenue in Jamestown, and a federal arrest warrant. Komenda had $3,182 in cash in his shorts pocket, which was proceeds of his drug trafficking activities. Investigators also recovered methamphetamine and various drug paraphernalia from the residence.

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

Sentencing is scheduled for November 9, 2020, at 12:30 p.m. before Judge Arcara. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kyle Kamholtz, 33, of Jamestown, NY, who was convicted of possessing with intent to distribute methamphetamine, and possessing of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 152 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that the defendant was identified as a methamphetamine distributor in the Jamestown, NY, area during an investigation that began in November 2017 by the Jamestown Police Department.

The investigation included a series of controlled purchases of methamphetamine from the defendant, several vehicle and traffic stops that resulted in Kamholtz’s arrest for possession of methamphetamine and a firearm, and the execution of two search warrants at the defendant’s McKinley Avenue residence. Investigators seized a firearm, methamphetamine, scales, packaging, and other drug distribution paraphernalia.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sharee Bailey, 28, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that according to the complaint, between October 12, 2017, and March 5, 2020, the defendant posted numerous photographs and videos on various social media accounts depicting herself displaying what appears to be multiple semi¬automatic handguns, revolvers, and rifles. On August 4, 2020, law enforcement officers went to a residence on Landon Street in Buffalo, and during the execution of a search warrant at the residence, officers recovered .22 caliber rifle and one spent .9mm shell casing. They also recovered a gun box for a .40 caliber pistol with one magazine inside the box. A hole, which appeared to be caused by gunfire, was found in the floor of the residence. Officers also recovered various types and calibers of ammunition throughout the apartment, and two cellular phones. Bailey, who told officers that she considers herself a member of the Riverdale Gang, was arrested a short time later.

In September 2012, the defendant was convicted in Erie County Court of Criminal Sale Controlled Substance-5th Degree. As a result of that 2012 conviction, Bailey is legally prohibited from possessing a gun.   Bailey made an initial appearance before U.S. District Judge Jeremiah J. McCarthy and was detained.

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

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that Taire Chaney, 28, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute cocaine and crack cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

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

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

Tyshawn Bradley was previously convicted and sentenced to serve 30 years in prison.

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

Sentencing is scheduled for November 18, 2020, at 9:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that six defendants have been charged by complaint and two other defendants indicted by a federal grand jury for their roles in a transnational drug trafficking ring that stretched from Mexico to Buffalo.

Charged by complaint with conspiring to possess with intent to distribute, and distributing, controlled substances are:

• Ronnie Charleston; • Robert Claiborne; • Antoine Gilbert; • Tonie Wiley; • Aaron Spain Jr.; and
• Eric Hale, A/K/A Cuz E.

If convicted, the defendants face a maximum penalty of 20 years in prison and a $1,000,000 fine.

Charged by indictment with narcotics conspiracy and possessing with intent to distribute crack cocaine and cocaine are:

• Saan Thompson, A/K/A Duke; and
• Louis Gilbert.

Thompson and Gilbert face a mandatory minimum penalty of five years in prison, a maximum of 40 years, and $5,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the criminal complaint and the indictment, the defendants are accused of being part of a drug trafficking ring that stretched from Mexico to Buffalo. The organization is accused of moving bulk quantities of cocaine, heroin, and fentanyl into the Western New York area. It is believed the organization’s Buffalo-based operation is headed by David    Burgin and David Washington, who were previously arrested on drug conspiracy charges in February 2020. Burgin and Washington used a network of distributors to sell narcotics in the Western New York area, as well as several out of state sources of supply for cocaine and heroin. David Washington supplied Saan Thompson with narcotics in Buffalo. Thompson then sold the narcotics to the other defendants for re-distribution. The investigation included multiple intercepted communications between the defendants. 

During the execution of four search warrants this morning at four locations, investigators seized a kilogram of suspected cocaine; 40 grams of suspected crack cocaine packaged for distribution; multiple pounds of marijuana; a loaded handgun; 1500 rounds of assorted ammunition; pistol magazines; and approximately $27,000 in cash.  

“This case is a tremendous example of the determination of our law enforcement partners to continue to follow the evidence wherever it leads,” stated U.S. Attorney Kennedy. “Investigators did not stop when the leaders of this dangerous drug trafficking organization were previously apprehended and taken off the streets. Investigative efforts continued leading to the charging of eight additional defendants in this case.”   

“Today’s arrests and seizures represent a critical disruption to an international drug trafficking ring,” said Kevin Kelly, Special Agent-in-Charge of Homeland Security Investigation Buffalo. “I would like to thank the law enforcement personnel at all levels of government whose hard work and collaboration led to today’s results. HSI and our partners will continue efforts to increase community safety through the dismantlement of this drug trafficking organization.”

Defendants Saan Thompson and Louis Gilbert were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and detained. Defendants Aaron Spain and Ronnie Charleston made an initial appearance also before Judge Schroeder and were also detained. Defendants Robert Claiborne, Antoine Gilbert, Tonie Wiley, and Eric Hale, made initial appearances and were released on conditions.

The criminal complaint and indictment are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Safe Streets Task Force,  under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, under the direction of Major James Hall; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.   

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Mohammed Moinul Hossain, 44, of Buffalo, NY, with making false statements in an immigration matter, and making a false statement in a matter within the jurisdiction of the executive branch. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that according to the indictment, in August 2018, the defendant filed an application for lawful permanent residency in the United States. On that form, Hossain indicated that he had not previously used or gone by any other name, and denied ever submitting fraudulent or counterfeit documentation to any U.S. Government official to obtain or attempt to obtain an immigration benefit. Hossain also indicated that he had never lied about, concealed, or misrepresented any information on an application or petition to obtain a visa. However, subsequent investigation determined that in February 1997, the defendant did in fact file an application for permanent residency using the name Saifur Rahman, and the application was denied. Hossain failed to disclose this prior identity and prior application for conditional permanent residency.

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

The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and U.S. Citizenship and Immigration Services, under the direction of District Director Denis C. Riordan.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Lee, 27, of Buffalo, NY, who was convicted of possession of firearms in furtherance of drug trafficking crimes, was sentenced to serve 60 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in March 2019, the defendant sold and distributed fentanyl, cocaine and crack cocaine to others in the Buffalo area. During this time, Lee possessed various firearms in furtherance of his drug trafficking in order to protect himself, his drugs, and his drug proceeds.

On March 13, 2019, investigators executed a search warrant at the defendant’s Oakmont Avenue residence. During the search, they recovered two firearms, one stolen; ammunition; small bags of suspected crack cocaine and cocaine; a bag of suspected fentanyl; $546.00 in cash; and three digital scales.

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.

Sentencing is scheduled for June 8, 2020, at 1:00 p.m. before Judge Skretny.

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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 Daryl Sumeriski, 52, of Batavia, NY, who was convicted of possession of child pornography, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Sumeriski was residing in a halfway house in Bath, NY, when fellow residents expressed concern about certain images they observed on the defendant’s cell phone and alerted authorities. As a result, a search warrant was executed and investigators found more than 3,000 images of child pornography on Sumeriski’s phone. Some of the images depicted violent abuse of infants and toddlers.

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

# # # #

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Tracey Wynn, 38, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 500 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between September 2018 and January 2019, the defendant was a drug trafficking associate of Douglas Beardsley and sold methamphetamine supplied by Beardsley. Wynn typically received methamphetamine from Beardsley to sell two or three times a week. During the conspiracy, the defendant and Beardsley would communicate often about the operation, including through their Facebook accounts.

On four separate occasions, Wynn sold methamphetamine to an individual working with the Drug Enforcement Administration. On August 7, 2017, investigators executed a New York search warrant at the defendant’s residence and recovered a quantity of methamphetamine, approximately $347 in cash, drug paraphernalia, and mail. Also inside the residence, investigators identified items indicating children lived at the residence. 

On October 23, 2019, Wynn committed a moving traffic violation and was stopped by a Jamestown Police officer. During the stop, the officer asked the defendant exit the vehicle. A search of the driver side area yielded two digital scales, one of which had crystal methamphetamine on it. Wynn was arrested at the scene for driving with a suspended license and possession of drug paraphernalia. At the jail, a bag of marijuana was found in the defendant’s sweatshirt pocket, and plastic bags of methamphetamine were found on her person. 

Charges remain pending against Douglas Beardsley. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

Sentencing is scheduled for November 13, 2020, at 12:30 p.m. before Judge Arcara. 

# # # #

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 W. Wood, 50, of Corning, NY, who was convicted of possession of child pornography and violation of supervised release, was sentenced to serve 154 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in 2011, the defendant was convicted of possession of child pornography and sentenced to 24 months in prison and 15 years supervised release. While on supervised release, members of the U.S. Probation Department made an unannounced visit to Wood’s residence and found an unauthorized smart phone in his possession. A search of the phone revealed that the defendant was in possession of over 2,300 images and over 20 videos of child pornography, some of which depicted the sexual abuse of infants and toddlers.

The sentencing is the result of an investigation by the Federal Bureau of Investigations, 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.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Adrian Grier, 44, of Jackson, Georgia, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between October 2017 and December 7, 2018, the defendant conspired with 11 others to sell cocaine. One of Grier’s co-defendants brokered bulk quantity cocaine to multiple areas in the country including Buffalo, Kentucky, and Georgia. Numerous court authorized communications were intercepted between the defendant and others. On two occasions, Grier coordinated trips to Kentucky to acquire kilograms of cocaine. The defendant was intercepted discussing future plans to increase the quantity of cocaine he could obtain in Georgia.

Of the 12 defendants charged in this case, Grier is the second to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard. Additional assistance was provided by HSI-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.

Sentencing is scheduled for January 6, 2021, before Judge Sinatra.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Ferrone, 28, of Utica, NY, pleaded guilty before U.S. District David G. Larimer to three counts of bank robbery. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

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

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

Previously, in May 2013, Ferrone was convicted in United States District Court in the Northern District of New York on eight counts of federal bank robbery. 

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

Sentencing is scheduled for September 29, 2020, before Judge Larimer.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Taggart, 31, of Niagara Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that just after midnight on May 9, 2019, the Niagara Falls Police Department received a 911 call reporting that the defendant displaying a handgun inside the Players Bar on Niagara Street. Before officers arrived at the scene, Taggart left the club in a vehicle traveling on Ferry Avenue. Officers located the car and executed a stop. A 9mm handgun was found underneath the rear of the front passenger seat where defendant was seated. A review of the Players Bar surveillance video captured Taggart twice taking the firearm from his pocket and displaying it inside the bar. The firearm was previously reported stolen out of Stamford, Connecticut.

The defendant was convicted: in January 2013, of attempted gang assault in the 2nd degree, and in February 2011, of criminal possession of a controlled substance. As a result, Taggart is legally prohibited from possessing a firearm.

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

Sentencing is scheduled for December 3, 2020, before Judge Sinatra.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Tyo, 32, of Liverpool, NY, pleaded guilty to two counts of bank robbery and one count of attempted bank robbery, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that over the course of four days in August 2019, Tyo robbed a bank in Brighton, New York; a bank in Buffalo, New York; and attempted to rob a third bank in Niagara Falls, New York. 

On August 24, 2019, Tyo robbed the Citizens Bank inside the Tops Market on South Clinton Avenue in Brighton. The defendant gave the bank teller a detailed note that said, “if I even glimpse a dye-pack I will not hesitate to elevate the situation and you will be the first casualty.” Another part of the note stated, “If I happen to get caught because of you, when I get out of prison, I will systematically destroy you and the people you love the most.” The bank teller complied with the defendant’s demands and gave him U.S. currency, which Tyo took and fled the bank.

On August 27, 2019, Tyo robbed a second Citizens Bank inside the Tops Market on South Park Avenue in Buffalo. He gave the bank teller a note demanding $50 and $100 bills.

The defendant threatened the use of violence, stating in the note that he would use his gun if the teller did not cooperate. The teller complied and gave the defendant U.S. currency, which he took and fled the bank.

Also on August 27, 2019, Tyo attempted to rob a third bank, the Key Bank on Niagara Falls Boulevard in Niagara Falls. However, when he gave the teller a demand note, the teller said that they were dealing with a computer issue, and Tyo did not succeed in obtaining any money.

The plea is the result of an investigation by the Brighton Police Department, under the direction of Chief Dave Catholdi, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for October 15, 2020, at 10:00 a.m. before Judge Larimer.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kwashie Ajavon, 33, of Greece, NY, who was convicted of possessing with intent to distribute crack cocaine, and being a felon in possession of a firearm and/or ammunition, was sentenced to serve 87 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on August 13, 2019, law enforcement officers executed a search warrant at the defendant’s residence on Estall Road in Greece. During the search, officers recovered three loaded firearms, approximately $1,200 in cash, methamphetamine, marijuana, and drug packaging materials and cutting agents. Officers also searched a vehicle pursuant to a search warrant and recovered a quantity of crack cocaine and a scale.

In 2008, Ajavon was convicted of Criminal Possession of a Weapon in the Second Degree in Monroe County Court and sentenced to 42 months in prison. As a result, he is legally prohibited from possessing a firearm. 

The sentencing 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.

# # # #

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 J. Chowaniec, 62, of West Seneca, NY, was arrested and charged by complaint with possessing with the intent distribute, and distributing, five grams of more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, and a maximum of 40 years. 

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the complaint, on three separate occasions in January and February of 2020, an undercover investigator with the New York State Police purchased quantities of methamphetamine from the defendant near Chowaniec’s residence in West Seneca. On April 14, 2020, the DEA and United States Postal Inspection Service executed a search warrant on a parcel from California addressed to the defendant at his West Seneca residence. Located inside the parcel was a plastic sandwich bag containing approximately 3.7 ounces of suspected methamphetamine.

The complaint is the result of an investigation by the New York State Police, under the direction of Major James Hall; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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 Hicham Khallad, 47, and Karim Euchi, 47, both of Rochester, NY, who were convicted of food stamp fraud, were sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. Khallad was sentenced to a term of imprisonment of 45 days, and three years of supervised release.  Euchi, an employee of Khallad, received a sentence of two years’ probation. The defendants were also ordered to pay $74,500 in restitution to the United States Department of Agriculture. 

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the Supplemental Nutrition Assistance Program (SNAP), uses federal tax dollars to help low-income individuals purchase food. Eligible individuals are given a debit card containing their SNAP benefits, from which they can make food purchases at authorized food stores. A business that accepts SNAP benefits must be authorized to do so and can only accept SNAP benefits in connection with the sale of eligible food products. It is unlawful for any store to accept SNAP benefits for non-food items, such as cigarettes, beer, or cash.

Between May 2018 and February 2019, Khallad and Euchi operated the Joseph Market at 900 Joseph Avenue in Rochester. During that time, the defendants fraudulently accepted SNAP benefits from customers in exchange for non-food items, such as cigarettes. Khallad and Euchi also purchased food stamp benefits for less than their full value for cash, resulting in a profit for the defendants. In so doing, Khallad and Euchi caused the United States Government to deposit money into the Joseph Market’s bank accounts for food that was never purchased. 

The sentencing is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan Padua, 32, and Michael Vasquez, 24, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiring to possess with intent to distribute 500 grams or more of cocaine. The charge carries a minimum penalty of five years in prison, and a maximum of 40 years.

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

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

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

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer. Vasquez was released on conditions, Padua is being held pending a detention hearing. 

The complaint is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, 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.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael T. Blajszczak, 54, of Clarence, NY, who was convicted of possession of a firearm by a person subject to a domestic violence order of protection, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on April 27, 2019, a six-month domestic violence order of protection was issued in Cheektowaga, NY, Town Court against the defendant, who was an Erie County Sheriff’s Deputy at the time. As a result of that order, Blajszczak was prohibited from possessing any firearm during the time period for which it was in effect. On May 2, 2019, the defendant knowingly possessed a .22 caliber rifle and 11 rounds of ammunition.

“A just society depends on the shared understanding that all of its members—no matter what they do, the color of their skin, or the uniform that they wear—will be held personally accountable for their actions,” noted U.S. Attorney Kennedy. “Ensuring that all in our District share that understanding—and the responsibility it brings—is a lesson that the tremendous men and women of my Office, through their work, strive to deliver each and every day.”

The sentencing is the result of an investigation by the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Amherst Police Department, under the direction of Chief John Askey; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Feliciano, 34, of Rochester, NY, who was convicted of possession of a firearm in furtherance of drug trafficking, and possessing with intent to distribute crack cocaine, was sentenced to serve 60 months in prison by U.S. District Judge Charles J. Siragusa.
 
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on January 11, 2017, the defendant was apprehended after a foot chase with police on Thomas Street in Rochester. During the chase, Feliciano discarded his jackets. Officers recovered the jackets and found a .38 caliber revolver, approximately 1.7 grams of crack cocaine, a razor, small plastic baggies for packaging, and nine plastic vials of marijuana for sale, in the pockets. 
 
The sentencing 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.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Obed Torres Garcia, 23, of Rochester, NY, pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and one kilogram or more of heroin, and using, carrying and discharging firearm during and in relation to a drug trafficking crime, before Chief U.S. District Judge Frank P. Geraci, Jr.  The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life in prison, and a $10,000,000 fine.

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

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

On January 29, 2018, at 6 Burbank Street in Rochester, Garcia discharged a handgun in the direction of G.R.A.N.E.T. officers who were attempting to execute a search warrant at the location. Officers, who the defendant admits were justified in their use of force, exchanged fire and Garcia suffered a traumatic brain injury from a gunshot wound. As a result of the traumatic brain injury, the defendant has no memory of the events of January 29, 2018. However, after a thorough review of all relevant evidence with attorneys, Garcia did not dispute that had the case gone to trial the government would have proved these facts beyond a reasonable doubt through civilian and police witness testimony and forensic evidence. As part of his plea, defendant further admitted that in addition to the January 29, 2018, police-involved shootings, he, in December 2016, while distributing heroin in the vicinity of the Valero gas station located near the intersection of Clinton Avenue and Hoeltzer Street in Rochester, shot at rival drug dealers who were also present using a 9mm handgun.

“The defendant’s willingness to support the lawless objectives of this drug trafficking organization knew no bounds,” stated U.S. Attorney Kennedy. “The bad decisions made by defendant—from distributing drugs, to shooting at rival gang members, to shooting at the police—came at a heavy price. In the end, all that defendant has to show for his unwavering commitment to this criminal enterprise are a traumatic brain injury and the prospects of a lengthy prison sentence.”

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief 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 Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief David Catholdi; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.

Sentencing is scheduled for October 28, 2020, at 2:00 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 Gary Zeitvogel, 46, of Gates, NY, who was convicted of receiving child pornography, was sentenced to serve 10 years in prison, followed by 20 years of supervised release, by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in June 2019, Facebook alerted the National Center for Missing and Exploited Children (NCMEC) that the defendant appeared to be engaged in sexually explicit conversations with a 15 year-old female. Utilizing information provided by Facebook, NCMEC determined that Zeitvogel and the minor victim were both located in Rochester.

NCMEC forwarded the tip to the New York State Police, who located the victim and discovered that the defendant was serving a term of probation with the Monroe County Probation Department as a result of a prior conviction for endangering the welfare of a child. On July 1, 2019, State Police investigators and Monroe County Probation Officers searched the defendant’s residence in Gates and recovered a cell phone which contained the Facebook application, in violation of his probation conditions. Zeitvogel was taken in to custody for violating his probation.

A search warrant was executed on both the phone and Facebook account. Investigators observed over 1,500 images of child pornography on the phone, some of which depicted prepubescent minors, including the minor victim. Investigators also discovered sexually explicit conversations, which took place between March and June 2019, involving Zeitvogel and the minor victim. Investigators also determined that the two had been in contact at the defendant’s home. 

The sentencing is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services, under the direction of director Kathy Cardilli; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and 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 10 defendants pleaded guilty during June and July 2020, to conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine before U.S. Magistrate Judge Michael J. Roemer. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorneys Misha A. Coulson and Brendan T. Cullinane, who are handling the case, stated that between March 2017 and October 2018, the 10 defendants conspired with six other co-defendants to operate a drug trafficking organization, primarily involving the distribution of methamphetamine, in the Jamestown area. Pleading guilty to the conspiracy charges were:

• Andrew C. Bennett, 31, of Randolph, NY, pleaded guilty on June 4, 2020; • Jacob A. Motherwell, 31, of Jamestown, NY, pleaded guilty on June 22, 2020;  • Destiny J. Hare, 31, of Randolph, NY, pleaded guilty on June 25, 2020; • Michael A. Davis, 36, of Jamestown, NY, pleaded guilty on June 25, 2020, also pleaded guilty to   possession of a firearm in furtherance of drug trafficking; • Ryan R. Lopez, 26, of Palmdale, California, pleaded guilty on July 1, 2020; • Martin Marcus Bowman, 29, of San Bernardino, California, pleaded guilty on July 2, 2020; • Jamell Trapp, a/k/a KS, 29, of Jamestown, NY, pleaded guilty on July 1, 2020, also pleaded guilty to   possession of a firearm and ammunition by a felon; • Henry Stovall, Jr., 42, of Jamestown, NY, pleaded guilty on July 7, 2020; • Danny W. Michael, III, 47, of Jamestown, NY, pleaded guilty on July 22, 2020; and
• Alexis V. Hall, 25, of Harrison, NJ, pleaded guilty on July 24, 2020. 

During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.

The trial for the 10 defendants was scheduled to begin in federal court this morning.

The six co-defendants who were previously convicted include: Zackiel Fields, Jr.; Ernest Cauley, Jr.; Ramael O. Fields; Stephanie L. Harrison; Searcy E. Fields; and Stacie N. Yancer.

“Through the tremendous partnership between federal and local law enforcement, 16 individuals who committed federal crimes have been brought to justice, and a well-armed drug trafficking organization responsible for polluting Jamestown and the Southern Tier with highly addictive and debilitating methamphetamine has been dismantled,” stated U.S. Attorney Kennedy.  “My Office and our DOJ law enforcement partners are always looking for ways to help to support local law enforcement as they work tirelessly on the front lines in the fight to preserve law and order and strengthen the communities they serve by making them safer and more secure. In this case, I say, ‘mission accomplished.’”

The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall;  the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr., and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.  

Sentencing's will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Juan Casarubias-Garcia, 29, a citizen of Mexico, with being a removed alien found in United States, and fraud and misuse of an alien registration receipt card. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 19, 2019, the defendant was pulled over by the New York State Police for illegally operating a motor vehicle while intoxicated. As they approached the vehicle, the troopers observed approximately 20 or more empty beer bottles on the front and rear floor boards of the vehicle, three bottle caps under Casarubias’ legs in the driver seat, and a half full bottle of whiskey behind the front passenger seat. The defendant failed all field sobriety tests, and registered a .16% blood alcohol content when tested.

Casarubias provided troopers with a fraudulent Lawful Permanent Resident Card bearing his photo, and the name Andrade Raymundo, and an alien registration number. A check of immigration records determined that the alien registration number was assigned to an individual other than the defendant. Casarubias also provided a Mexican driver's license bearing the name Juan Casarubias­Barrera.

A review of the documents contained in the Alien Registration file for Casarubias determined that in March 2012, he was arrested by Immigration and Customs Enforcement (ICE) officers for being present without admission and possession of a fraudulent document. In September 2012, the defendant was convicted in the Western District of New York of fraud and misuse of document evidencing authorized stay in United States, and was ordered removed from the United States in October 2012. On November 2, 2012, Casarubias was deported to Mexico. In April 2013, the defendant was arrested by the United States Border Patrol in Douglas, Arizona, and convicted in the District of Arizona of illegal entry.

On May 10, 2013, Casarubias was once again deported from the United States. As a result, the defendant, a native and citizen of Mexico, has no valid immigration status and is illegally present in the United States.

The indictment is the result of an investigation by the New York State Police, under the direction of Major James Hall, and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tracy Griffin, 38, of Sinclairville, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, acetyl fentanyl, fentanyl, and crack cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

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

Charges remain pending against Brandon Blackshear. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean R. Sullivan, 50, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to production of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a fine of $250,000 fine.

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

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

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