Western District of New York

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Schwartz, 48, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography, including prepubescent images. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in October 2018, an undercover law enforcement officer connected with an IP address over a Peer-to-Peer Network. The IP address shared two videos containing child pornography with the undercover officer. Subsequent investigation located the residence associated with that IP address. On December 11, 2018, the owner, a friend of Schwartz, advised investigators that the defendant was using his computer equipment to “download movies.”  Investigators then searched the computer used by Schwartz and found approximately 475 images containing child pornography. Some of the images depicted prepubescent minors and violence.

On September 23, 2016, Schwartz pleaded in state court to Possessing a Sexual Performance by a Child and is a registered sex offender. 

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 October 16, 2020, at 2:00 p.m. before Chief Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shauniqua Rodriguez, 41, of Lockport, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between January 2014 and February 2017, Rodriguez conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa.  Specifically, defendant was an intermittent employee of the debt collection agency, which operated under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services, and Elite Services. Rodriguez placed telephone calls to “debtors” throughout the United States, using various fraudulent tactics and misrepresentations, including false representing her identity, false threating arrest, and fabricating criminal charges against the “debtors” in order to induce them to make payments. The “debtors” were often directed to other employees posing as attorneys and were provided with payment instructions, supposedly to settle their outstanding debts. In addition to making collection calls, defendant also served as an informal trainer for other, less experienced employees.
          
Rodriguez and the employees she worked with and trained routinely collected on debts which they knew had already been satisfied, and collected money from “debtors” from whom they had already collected payment, who were deemed to be “easy targets.” “Debtors” were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments. Between 2015 and 2016, the debt collection scheme brought in more than $3,000,000.

Rodriguez is one of five defendants to be convicted in this case, and the third to be sentenced.

Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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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 Craig Marranca, 32, of Buffalo, NY, with distribution and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment, on September 18, 2017, the defendant distributed child pornography. In addition, on October 27, 2017, Marranca possessed images of child pornography on a laptop computer and a hard drive. Some of the images depicted a prepubescent minor and a minor younger than 12 years old.

The defendant was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and released on conditions. The indictment is are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Keyon Miller, 27, of Buffalo, NY, who was convicted of being an unlawful user of a controlled substance in possession of a firearm, was sentenced to serve 24 months in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorneys Meghan E. Leydecker and Joseph M. Tripi, who handled the case, stated that prior to September 25, 2018, the defendant had posted videos of himself to social media holding what appears to be a chrome revolver. On September 25, 2018, the ATF and Buffalo Police Department executed a federal search warrant at 45 Easton Avenue in Buffalo. As law enforcement prepared to execute the search warrants, the Buffalo Police Swat team was utilized to make safe entry into the residence. At the rear of the house, investigators observed an object being thrown from a rear upper window. The object was identified as loaded .357 caliber revolver. As SWAT members made entry into the upper, they encountered co-defendant Kevin Miller and his mother. Defendant Keyon Miller was located coming out of the room from which the firearm was thrown out the window. DNA of both Keyon Miller, and a second co-defendant Kaylen Miller, was located on the revolver.
Keyon Miller admitted that he is an unlawful user of marijuana, having used marijuana for a period of years, such that he is prohibited from possessing firearms and ammunition.

Kaylen Miller was previously convicted and sentenced. Kevin Miller was also previously convicted and is awaiting sentencing.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr., Buffalo Police Commissioner Byron Lockwood, and Erie County District Attorney John J. Flynn announced today that the Department of Justice has awarded the Buffalo Police Department a 2020 Project Safe Neighborhood grant totaling $229,837. The funding will be used to implement a Shoot Review Process in the police department.

The Shoot Review Process is designed to address unsolved gun assaults and increase clearance rates in the City of Buffalo through the development of a case review process. By reviewing shootings in the city on a regular basis, the goal is to remove active shooters from the streets, strengthen the administration of justice, increase public safety in urban neighborhoods, and increase community confidence in the police.

The Shoot Review Process team is headed by Buffalo Deputy Police Commissioner Joseph Gramaglia, and includes the Buffalo Police Department’s Gun Violence Unit, crime analysts from the Erie Crime Analysis Center, and representatives from the District Attorney’s Office, probation, and parole, as well as the U.S. Attorney’s Office, the ATF, and the FBI.

The review process will be modeled after best practices nationally. In March 2020, Police Commissioner Lockwood, U.S. Attorney Kennedy, Erie County District Attorney John Flynn, ATF managers, and members of the various command staffs, traveled to Milwaukee, Wisconsin, to meet with members of the Milwaukee Police Department, the United States Attorney’s Office for the Eastern District of Wisconsin, and others who have successfully implemented a shooting review process. After implementing the process in 2018, the City of Milwaukee saw a 17% reduction in homicides and a 15% reduction in non-fatal shootings. 

A successful shooting review process includes:

• A review of several months’ worth of previous shootings to identify trends in types of shootings, victims and suspects; • Detailed reports on all cases, including shooting(s) date, location, victim information, and victim and suspect intelligence; • Regular and consistent meetings to conduct shooting reviews; and 
• Development of innovative strategies to reduce violence, improve case closure and improve case prosecution.

“Simply put, violent crime is rising at a staggering rate and homicides are soaring across the country and right here in our own city, and many of these crimes involve a gun,” stated U.S. Attorney Kennedy. “Also, much of the violence is playing out in distressed and economically disadvantaged neighborhoods, leaving residents to live in fear of bloodshed and fear for their own lives. This shoot review process will target the most dangerous and violent offenders in our community who are committing gun assaults and murders. This review process will remove active shooters from the streets, strengthen the administration of justice, and increase public safety in urban neighborhoods.  This program will bring increased accountability not only for the results achieved by the law enforcement agencies who have been under attack as of late but also for the criminals who are terrorizing our communities. Increased accountability across the board is a good thing—both for the law enforcement and for criminals.”

“I want to thank our many partners in this important initiative to reduce gun violence in our community,” stated Buffalo Police Commissioner Byron Lockwood. “Working together we can help solve some of these senseless crimes. I look forward to working with all of the agencies and I thank the U.S. Attorney's Office for the important funding they are providing for this critical collaborative effort.”

“We have seen a spike in shootings this summer, and we are working hard every day to bring justice to the victims. When I learned about this program that has proven successful in Milwaukee, I wanted to bring it to Buffalo immediately,” said Erie County District Attorney John J. Flynn. “I want to thank U.S. Attorney J.P. Kennedy for securing federal funding for this collaborative effort to end gun violence in our city. I also want to thank Captain Jeff Rinaldo and the Buffalo Police Department for inviting the District Attorney’s Office to be a part of this new initiative. I look forward to working together to uncover the perpetrators of these unsolved shootings. I hope that our efforts will also deter people from committing these senseless acts of violence in the future.”

“ATF’s highest priority is and will remain reducing violent crime and firearm-related violence,” stated ATF Special Agent-in-Charge John B. Devito. “We will be relentless in the pursuit of the criminal groups who are intent on violating federal law and those who represent the greatest threat to the safety of our communities. Through this Project Safe Neighborhood grant, strong law enforcement partnerships, and community involvement we will see a safer Buffalo.” 

“Every time a gun slides into a conversation in front of a corner store, or in a community park, its impact is devastating,” said FBI Buffalo Special Agent-in-Charge Stephen Belongia. “Gun violence victims are not simply statistics. They are fathers, mothers, grandparents and neighbors. And, all too often, the victims of gun violence are innocent children. We are committed to making a difference by preventing the trauma caused by violent crime through leadership and partnership.” 

“Shoot Review is about accountability,” said Mayor Byron W. Brown. “We share our community’s sense of urgency to curb the senseless gun violence that harms the quality of life in Buffalo, and this collaborative initiative will help us further reduce and prevent gun violence in our city. This intelligence led, data driven violence reduction strategy is the latest example of our City's commitment to interagency collaboration between local and federal law enforcement agencies. I thank United States Attorney for the Western District of New York James P. Kennedy, Jr. for securing the $229,000 federal grant to support this program that will further increase the solvability of shooting cases and reduce gun violence throughout neighborhoods citywide.”

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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 Billy B. Sanders, 37, of Rochester, NY, who was convicted of being a felon in possession of ammunition, was sentenced to serve 71 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the defendant was arrested on May 2, 2019, after New York State Parole officers went to Sander’s residence on Saratoga Avenue in Rochester, for a compliance check. During that check, parole officers found a Polymer 80 semiautomatic pistol loaded with eight rounds of ammunition inside a backpack. The handgun did not have a serial number on it. During his plea, Sanders stated that he had the handgun and ammunition because he had been shot and needed the handgun for protection. The defendant admitted he also possessed a small amount of cocaine.

Sanders was previously convicted in April of 2004 in Federal Court of possessing with intent to distribute crack cocaine and carrying and brandishing a firearm during a drug trafficking crime, and was sentenced to serve 105 months in prison. In addition, the defendant was convicted in May of 2004 in Monroe County Court of Robbery in the First Degree, and received a 12 year prison sentence. As a result of those felony convictions, Sanders is legally prohibited from possessing firearms and ammunition. 

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

The sentencing is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Rochester Police Department, under the direction of Chief 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian L. Schumacher, 55, of Penfield, NY, was charged by complaint with wire fraud and wire fraud conspiracy. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, between April 2016, and January 2017, the defendant conspired with others to defraud two investors out of hundreds of thousands of dollars. The actions of Schumacher and others led investors, located in Massachusetts and California, to wire significant amounts of funding to Schumacher’s company, Integra Diamonds, located in Rochester, NY, to enable Integra Diamonds to purchase diamonds in Africa.

The Massachusetts victim (Victim 1) was contacted by a co-conspirator of the defendant, who initially indicated that an investment of $100,000.00 would yield a minimum profit of $60,000.00 in one year. Skeptical because of the generous return that was promised, Victim 1 sought assurances that he was not the initial or sole investor in Integra Diamonds. Subsequently, Victim 1 received documents that falsely suggested that Integra Diamonds had other investors, and which also falsely claimed that Integra Diamonds had agreements with a logistics vendor and U.S.-based diamond purchasers. On June 16, 2016, Victim 1 wire transferred $100,000.00 from his bank account to an account in the name of Integra Diamonds. During the course of the conspiracy, $30,000 was returned to Victim 1, but not the remaining $70,000 of his $100,000.00 investment or any of the promised return. According to the complaint, $44,000 of Victim 1’s funds were attempted to be wired to Schumacher while he was in Sierra Leone to purchase diamonds. When that wire was unsuccessful, $44,500 was returned to a co-conspirator’s personal bank account.

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

Schumacher will make an initial appearance today at 3:00 p.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.

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 Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.

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 Anthony Allee, 29, of Medina, NY, pleaded guilty before U.S. District Judge John J. Sinatra, Jr. to possessing with intent to distribute, and distributing, cocaine, and unlawful possession of a short-barreled shotgun in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $1,000,000 fine. In addition, Allee’s wife Tashira, 37, pleaded guilty to maintaining a drug-involved premises, and also faces a maximum penalty of 20 years in prison and a $500,000 fine.

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

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

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

Tashira Allee is scheduled to be sentenced on November 12, 2020, and Anthony Allee is scheduled to be sentenced on November 18, 2020.  Both sentencings will be 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 Everardo Donoteo-Reyes, 29, of Mexico, who was convicted of possession of a counterfeit social security card and alien registration card, and illegal re-entry after deportation, was sentenced to serve 30 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in September 2016, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), administratively arrested the defendant in Gretna, Louisiana, and in October 2016, he was ordered removed from the United States. Upon his departure, Donoteo-Reyes was advised that he could not re-enter the United States without the permission of the United States Attorney General, or his Successor, the Secretary of Homeland Security.

On March 1, 2017, United States Border Patrol encountered the defendant in the United States and administratively arrested him in Laredo, Texas. Two days later, on March 3, 2017, Donoteo-Reyes pleaded guilty to entering the United States unlawfully and was sentenced to 15 days confinement. On March 15, 2017, the defendant was physically removed from the United States to Mexico. Donoteo-Reyes was once again advised that he could not re-enter the United States without permission.

On May 24, 2018, the defendant was arrested by the Wayne County Sheriff’s Office on New York State criminal charges. The sheriff’s office sent Donoteo-Reyes’s fingerprints to Immigration and Customs Enforcement (ICE). An immigration records check determined that the defendant had no valid immigration status and was again illegally present in the United States. During the course of an investigation into the defendant’s missing girlfriend and her son, the Wayne County Sheriff's Office located fraudulent documents belonging Donoteo-Reyes, including a counterfeit alien registration card bearing defendant’s photograph, as well as a fraudulent social security card.

Donoteo-Reyes was subsequently indicted for the murder of his girlfriend and her toddler son. He pleaded guilty to 1st Degree Manslaughter and was sentenced to serve 20 years in prison on November 7, 2019. Donoteo-Reyes will serve his federal prison sentence once his state sentence is complete.

“Having been twice previously deported, the defendant unlawfully returned to the United States and murdered a young mother and her 14-month old son,” stated U.S. Attorney Kennedy. “Sadly, no amount of punishment for this defendant will undo those harms. Nevertheless, this federal prosecution does provide some measure of additional punishment for the defendant and, with it, some additional protection for our community.”

Today’s sentencing is the result of an investigation by agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Wayne County Sheriff’s Department, under the Direction of Sheriff Barry Virts. 

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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 Rohan Brown, 40, of Kingston, Jamaica, was removed from the United States and returned to Jamaica by Immigration and Customs Enforcement, Emergency Removal Operations, (ICE-ERO) after multiple failed litigation attempts to remain in the United States.

Assistant U.S. Attorney Adam A. Khalil, who litigated the case for the United States Attorney’s Office, stated that in 2007, Brown, who was present in the United States illegally, was convicted following a jury trial in Queens County Court of multiple felonies, including: Criminal Sale of a Controlled Substance, Criminal Possession of a Loaded Firearm, Criminal Possession of an Assault Weapon, and Criminal Sale of a Firearm. Brown sold cocaine and eight firearms to an undercover police officer. The firearms included revolvers, pistols, an assault rifle, and a machine gun. The defendant was sentenced to serve more than 14 years in prison. After being released from state prison in 2018, Brown was arrested, taken into custody by ICE, and held in detention pending his removal from the United States.

Brown attempted to evade removal to Jamaica by claiming that he was an American citizen, born in the U.S. Virgin Islands. He filed multiple federal lawsuits seeking release into the United States. One of those lawsuits was brought by the New York Civil Liberties Union on Brown’s behalf.

In support of his claim to American citizenship, Brown produced a fraudulent birth certificate and driver’s license from the U.S. Virgin Islands. He also claimed that he lacked any living family members who could support his claims to American citizenship, and argued in his lawsuits that ICE could not prove his Jamaican citizenship, and therefore could not deport him. During the investigation into these claims, ICE obtained a letter from the Registrar for the U.S. Virgin Islands Department of Health, Bureau of Statistics, which certified that not only did no record of birth exist for someone named Rohan Brown, but the city of birth on the birth certificate was misspelled, and the person listed as registrar never held such a position.

With assistance from ICE and the U.S. Department of State’s Diplomatic Security Service (DSS), the United States Attorney’s Office was able to identify Brown’s brother and sister, both living, who had visited him while he was in prison. DSS was able to retrieve information pertaining to these siblings. Using this information, DSS and ICE located Brown’s mother in Jamaica, and identified his father, which ultimately led to ICE obtaining Brown’s actual birth certificate in Kingston, Jamaica.

As a result of this evidence, Brown’s lawsuits were dismissed, blocking his release into the United States. Brown was removed to his native country of Jamaica on June 25, 2020.

“This marks the end of the defendant’s long and protracted effort to remain in the United States,” stated U.S. Attorney Kennedy. “While in this country illegally, Rohan Brown committed serious crimes for which he was justly convicted and punished. Thanks to the diligent investigative efforts of our partners at ICE and DSS, the defendant’s dishonest and fraudulent attempt to remain in our country as a convicted drug dealer and armed felon was exposed, and his effort failed.”    

“The prosecution and ultimate removal of Mr. Brown is the culmination of an extensive collaborative effort by ICE Enforcement and Removal Operations, the U.S. Attorney’s Office, and the U.S.
Department of State’s Diplomatic Security Service,” said Thomas Feeley, ICE ERO Field Office Director for Buffalo. “I want to applaud the skilled deportation officers and talented prosecutors whose determination ensured Mr. Brown’s removal, despite multiple attempts to block his rightful repatriation to Jamaica.”

Brown’s removal is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley, and the U.S. Department of State’s Diplomatic Security Service, under the direction of Resident Agent-in-Charge Kenneth M. Haynes.

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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, was arrested and charged by criminal complaint with production, receipt, and possession of child pornography, and online enticement of a minor. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of life, and a $250,000 fine.

According to the complaint, 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,” 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, NY, 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 from 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, NY, where he had hidden cameras in the dressing room, 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, VA, to face a state charges in that jurisdiction. The defendant made an initial appearance on the federal charges in United States District Court, Eastern District of Virginia, and is being held without bail, until he is transported to the Western District of New York, where the prosecution will be handled by Assistant U.S. Attorney Kyle P. Rossi.

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, NY, and is believed to have surreptitiously recorded individuals at that location. 
Anyone with information concerning Matthew Holland, Illumination Images, or Snapchat User “Tjohnson755,” is asked to contact Homeland Security Investigations at (716) 464-6070 or via email at hsibuffalotips@ice.dhs.gov.

“As an educator and photographer, the defendant not only had access to children but occupied a position of trust with respect to them,” stated U.S. Attorney Kennedy. “However, as reflected in the allegations set forth in the criminal complaint, his cruel and unrelenting betrayal of that trust is every parent’s nightmare. This case serves as a sobering reminder that we must remain vigilant in our effort to educate our children to the dangers they face and to pay attention to their online activities. Too often children lack the real world experience needed to discern the dangers lurking in the virtual world.”  

“The allegation of child exploitation by a trusted member of our community is reprehensible and demands swift action,” said Kevin Kelly, Homeland Security Investigations Buffalo Special Agent-in-Charge. “HSI is urging those with any information about the defendant to come forward to ensure justice for those that may have been victimized.”

The criminal complaint is the result of an investigation by the Loudoun County, VA, Sheriff’s Office, under the direction of Sheriff Michael L. Chapman; the Newark, NY Police Department, under the direction of Chief Mark Thoms; the Wayne County Sheriff’s Office, under the direction of Sheriff Berry Virts; the Canandaigua, NY 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Adrian D. Applewhite, a/k/a Boons, 32, of Cheektowaga, NY; along with  Ronald L. Morris, a/k/a Cracks, 45, and Carl I. Wilson, Jr., a/k/a Baby C, 35, both of Buffalo, NY, with aggravated bank robbery, brandishing a firearm, entering a bank with intent to commit a larceny, and bank larceny. In addition, defendant Morris is charged with being a felon in possession of a firearm and ammunition. The charges carry a maximum penalty of life in prison and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, on July 25, 2019, defendants Applewhite and Morris entered the Southtowns Community Federal Credit Union (SC FCU) on South Park Avenue in Lackawanna, and conducted a bank robbery with pepper spray and a pistol. The two suspects traversed the teller's counter, sprayed the tellers with pepper spray, and went directly to the unlocked safe, removing $290,500.00 in United States currency. The defendants placed the currency in a dark colored duffle bag then fled on foot.

On November 7, 2019, the three defendants are accused of entering the Clarence Community and School Federal Credit Union (CCS FCU), on Sheridan Drive in Clarence and conducted a take-over style bank robbery. Armed with pistols, and donning masks and florescent green work gloves, at least two of the defendants holding hand guns ordered all the employees to the ground and demanded money. Two of the defendants went back behind the teller line and went through teller's drawers. The third robber went to the vault. The defendants stole a total of $148,793.90.

Defendant Morris was previously convicted of three felonies, two in New York State Court in 1993 and 2002, and one in Erie County Court in 1996. As a result, he is legally prohibited from possessing a firearm and ammunition.

“The tremendous work done by federal, state, and local law enforcement in this case, led to the apprehension of three violent bank robbers who sought to retain their anonymity—and their criminality—behind a cloud of pepper spray, masks, and illegal guns,” stated U.S. Attorney Kennedy. “Despite a barrage of recent criticism, the conduct by law enforcement in this investigation demonstrates the selfless and invaluable role that our partners in law enforcement play in unmasking, disarming, and apprehending dangerous individuals, who disregard the law, place their own interests above all others, and in the process, endanger the safety and well-being of ordinary citizens everywhere.”

The defendants were arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and detained.

The indictment is the result of an investigation by the New York State Police, under the direction of Major James Hall; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Lackawanna Police Department, under the direction of Chief Mark Packard; and the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

The fact that a defendant has been charged with a crime is merely an accusation and 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 Renan Portela Bandeira De Souza, 32, a Brazilian citizen living in Toronto, Canada, pleaded guilty before U.S. District Judge Richard J. Arcara to bringing aliens to the United States for commercial advantage or private financial gain. The charge carries a mandatory minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that prior to April 28, 2019, the defendant agreed to help smuggle an illegal alien from Canada into the United States in exchange for $6,000. On April 28, 2019, while in Ontario, Canada, De Souza and two co-conspirators launched a boat into the Niagara River. The defendant and another co-conspirator rode in the boat with four aliens, none of whom had received prior approval to enter, come to, or reside in the United States. The boat landed on Grand Island, NY, and the four passengers disembarked. De Souza and his co-conspirator then returned to Canada.

The plea is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

Sentencing is scheduled for October 26, 2020, before Judge Arcara.

# # # #

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Brown, 40, of Alexander, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum penalty of 15 years in prison, a maximum penalty of 30 years, imprisonment and a $250,000 fine.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that in April 2020, a law enforcement officer working online undercover discovered a sexually explicit video, which included a pre-pubescent female who appeared to be between 9 and 11 years old. The IP address was traced to the defendant’s Dodgeson Road residence in Alexander. On July 17, 2020, a federal search warrant was executed at the residence. Investigators seized several items, including three cellular telephones and a computer. In addition, a DVD was recovered that contained explicit video of child pornography that was allegedly produced by the defendant using a hidden camera his bathroom. In addition, investigators recovered four firearms, including two rifles and two pistols, and ammunition.

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

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

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 Antwaine Parker, 27, and Michael Woods, 31, both of Buffalo, NY, were arrested and each 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 Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, since August 2019, the FBI’s Safe Streets Task Force has been investigating the Fruit Belt Gang, whose members are allegedly actively engaged in the distribution of narcotics, firearms offenses, and gang activity. On July 1, 2020, Central Park Gang (CPG) member Shariff Jackson was murdered in Buffalo, and investigators believe that members of the Fruit Belt Gang were involved with Jackson's murder.

On July 4, 2020, defendants Parker and Woods were shot in Buffalo. Woods drove himself to the hospital. Officers on scene of the shooting received information that one of the victims may have thrown a gun. A 9mm handgun was recovered on the roof of a nearby building. Woods told investigators that he was driving in the area with an unnamed person when he was shot; he would not provide any additional information. Investigators believe the shooting could be the result of rival gang activity between CPG and the Fruit Belt.

On July 9, 2020, a photo showing Woods with what appears to be a firearm hanging out of his right-side pocket, was posted to a social media account believed to belong to Woods. Also in July 2020, a photo was posted to a social media account believed to be used by defendant Parker. That photo showed Parker with what appears to be two firearms in his left hand, and a large quantity of plastic wrapped green leafy substance believed to be marijuana.

On July 14, 2020, investigators, fearing potential violence in connection with it, conducted surveillance at the funeral of Shariff Jackson. At the same time, they also conducted surveillance of defendant Parker, who was in the vicinity of 28 Burnie Lane in the McCarley Gardens Apartments. During the surveillance, Woods was observed driving to the area were Parker was. After talking with Parker, Woods left the area. A short time later, a Buffalo Police Officer initiated a traffic stop of Woods’ vehicle. Woods told the officer that he two guns in the vehicle, and gave consent to search the vehicle. Officers recovered two loaded handguns. Woods was taken into custody and the handguns were seized.

Subsequently, defendant Parker left the McCarley Gardens Apartments, and the Buffalo Police conducted a traffic stop. Parker, who was driving with a suspended license, and a passenger were searched with no contraband discovered. The vehicle, which had invalid license plates, was impounded, and Parker was ticketed for various vehicle and traffic violations.  Investigators then searched 28 Burnie Lane, and recovered two firearms in the basement. A witness told investigators that Parker and Woods constantly entered the witness’ apartment without knowledge or permission. Investigators believe the two firearms seized are the same weapons depicted in the social media photo showing Parker with two firearms.

In April 2014, Parker was convicted in state court of Criminal Possession of a Weapon and sentenced to serve 42 months in prison. In March 2012, Woods was convicted in state court of Attempted Criminal Possession of Controlled Substances and sentenced to serve five years probation. In addition, Woods was sentenced in July 2015 to serve 84 months in prison after being convicted of possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. As a result, both defendants are legally prohibited from possessing a firearm.

“In view of the recent increase in violence and shootings in our community, this prosecution highlights a number of things of which the public needs to be aware,” stated U.S. Attorney Kennedy. “There is a cycle of criminality and violence which connects many of the shootings we are seeing in our City. These defendants both have prior weapons convictions, both were themselves shooting victims, and both chose to arm themselves despite being prohibited from legally doing so. Left to their own devices, this is, sadly, the type of ‘justice’ to which those involved in these sorts of activities—many of whom are members of street gangs—aspire. The result is anything but ‘just,’ as it leads inexorably to an ever-escalating and expanding sphere of violence and lawlessness. Yet, the tremendous investigation giving rise to this criminal complaint also demonstrates how professional and proactive law enforcement can effectively disrupt that cycle of violence, save lives, restore law and order, and achieve some measure of ‘justice,’ which is cognizable to the community as a whole. Hats off to the BPD, the FBI, and the ECAC for their outstanding work in this investigation.”

The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie Crime Analysis Center, under the direction of Director Jamie Giammaresi.

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 Nathaniel Myers, a/k/a Stretch, 26, and Robert Fletcher, 29, both of Buffalo, NY, were charged by criminal complaint with conspiracy to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, in early June 2020, investigators learned that defendant Fletcher would be receiving a package of narcotics. On June 4, 2020, the DEA set up surveillance of Fletcher’s vehicle in the area of 827 Clinton Street in Buffalo. Investigators observed the defendant going in and out or opening the door and looking out the front unit of 827 Clinton Street during the morning. At approximately 11:00 a.m., a UPS vehicle pulled up and placed a brown package from San Diego, CA next to the side door of the front unit. Minutes later, Fletcher picked up the package and took it inside. A short time later, Fletcher left carrying a white plastic bag and got into his car.  A Buffalo Police Patrol Unit attempted to conduct a motor vehicle stop but the defendant sped away and engaged at a high-speed for approximately a mile before eventually pulling over on the eastbound side of Route 33 near the Best Street exit. At the entrance of Route 33 where Fletcher entered, a DEA Special Agent recovered a plastic bag that contained suspected marijuana. The defendant was charged with various motor vehicle offenses.

A K-9 search of Fletcher’s vehicle gave a positive alert for narcotics near the rear seat of the vehicle. During a search of the vehicle, investigators recovered telephones and a Walmart to Walmart money transfer from the defendant to a family member of the individual responsible for sending the cocaine to Fletcher. After tracing the route that Fletcher traveled while eluding police officers, investigators found a white plastic bag containing suspected cocaine near where the suspected marijuana was previously recovered.
Investigators then placed a “sham” package in a white plastic bag near the location where the suspected cocaine was recovered, and set up surveillance. At approximately 7:50 p.m., after being released from state custody, Fletcher's vehicle arrived in the area of the “sham” package and stopped. A vehicle traveling behind Fletcher’s vehicle also stopped. An individual exited that vehicle, picked up the “sham” package and walked towards Fletcher’s vehicle.

During the investigation, investigators learned that Fletcher conspired with defendant Myers to receive and distribute narcotics, including cocaine. Myers had been in prison since 2018 for federal narcotics-related offenses. Myers was previously identified as a leader of the LRGP Gang, but he is now believed to be a member of the Milla Gangsta Bloods. Records from the Niagara County Jail where Myers has been held reveal that Fletcher has provided money to Myers while incarcerated.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

# # # #

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

ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Daciann Brown, 30, a Jamaican native residing in Rochester, NY, pleaded guilty to failure to appear for sentencing before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

Sentencing on both the failure to appear and fraud charges will scheduled at a later date before Chief Judge Geraci.

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Phousavath Luangrath, 30, of Buffalo, NY, who was convicted of misprision of a felony, was sentenced to serve one year probation by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution in the amount of $572.20.

Assistant U.S. Attorneys Joshua A. Violanti and Timothy C. Lynch, who handled the case, stated that between February 2 and December 21, 2017, the defendant allowed co-defendant James T. Keefe, with whom she was involved in an intimate relationship, to write fraudulent prescriptions for controlled substances using her information. Keefe was a New York State licensed physician and a DEA Registrant. Keefe wrote the fraudulent prescriptions so that he could receive Adderall for personal use. The prescriptions were issued not for a legitimate purpose and were outside the usual course of professional practice. Luangrath was issued 10 prescriptions in her own name by Keefe for Schedule II controlled substances.

Keefe was previously convicted of conspiring to possess with intent to distribute, and to distribute, oxycodone, hydrocodone, and amphetamine, and is awaiting sentencing.

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

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Mhamood Fadl Salih Khairi, 28, of St. Catherines, Ontario, Canada, was arrested and charged by criminal complaint with bulk cash smuggling. The charge carries a maximum penalty of five years in prison and a fine of $250,000.

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that according to the complaint, on July 15, 2020, the defendant attempted to enter Canada at the Lewiston Bridge Port of Entry while driving a commercial tractor trailer bearing Ontario license plates. Khairi told a Customs and Border Protection (CBP) officer that he was returning to Mississauga, Ontario, Canada from the Boston, Massachusetts area with a load of copper wire. When asked how much money he was traveling with, the defendant responded “$300.00 total U.S. and Canadian.” Khairi also indicated on a CBP Customs Declaration form that he was not carrying over $10,000.

Subsequently, a CBP K-9 narcotics dog ran the commercial tractor trailer in its entirety for the presence of illegal narcotics. The K-9 alerted to the presence of narcotics near the rear of the cab of the tractor trailer, at which time the defendant was sent to secondary inspection. During a manual inspection of the vehicle's cab as well as the trailer, CBP officers located a large white and green gift bag. Inside were 10 vacuum sealed bundles of cash, totaling $207,500 in United States currency.

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

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

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

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Frank Nereo Fogazzi, 79, of Ontario, Canada, who was convicted of possessing with intent to distribute marijuana, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Charles E. Watkins, Jr., who handled the case, stated that on May 21, 2018, at approximately 10:00 p.m., the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. During primary inspection, Fogazzi, a Canadian Citizen, told the primary Customs and Border Protection Officer that he was coming to the United States to go shopping but could not provide the Officer with an intended shopping destination.

When asked if he was bringing anything into the United States and if he had anything to declare, the defendant said he did not. The officer then asked Fogazzi to unlock the trunk of his vehicle for inspection. The officer opened the trunk and observed an empty black hockey bag laying on top of two other black hockey bags that appeared full. The officer also detected the odor of marijuana emanating from the trunk. The officer then unzipped one of the full hockey bags and observed suspected marijuana inside clear vacuum sealed plastic bags. The defendant was escorted to the security office. Fogazzi’s vehicle was also taken to the secondary area for further inspection during which officers discovered additional suspected marijuana in a second hockey bag as well as in the spare-tire cavity under the hockey bags in the trunk. A total of 96 packages of suspected marijuana, weighing a total of over 104 lbs., were seized.

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

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Earl Stone Jr., a/k/a Ooh Wop, 28, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute crack cocaine. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.

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

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

Sentencing is scheduled for October 14, 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 Brian Thomas, 59 of Elmira, NY, was arrested and charged by criminal complaint with receipt, possession, and distribution of child pornography. Due to Thomas’ previous criminal history involving child sexual exploitation crimes, the charges carry an enhanced minimum penalty of 15 years in prison, an enhanced maximum penalty of 40 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on March 29, 2020, the defendant distributed to an undercover FBI Task Force Officer child pornography depicting the sexual abuse of several prepubescent children online. After using IP information to trace the child pornography, investigators located Thomas and executed a search warrant at his residence. They seized digital storage devices, including a computer and thumb drive. A preliminary forensic examination found evidence that Thomas received and possessed child pornography on both devices. 

The defendant is currently a registered sex offender, following prior New York State convictions for child sexual abuse, child pornography, and child exploitation crimes. 

Thomas was most recently released from state prison in 2014, following a three year prison term. 

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and is being held pending a detention hearing scheduled for July 23, 2020. 

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

Anyone with information regarding this defendant is asked to contact the Corning FBI Office at 1-607-962-9761.  

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 Alexander Seegar, 30, of Darien Center, NY, who was convicted of receipt of child pornography, was sentenced to serve 96 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Seegar, posing as a 16 or 17-year-old boy, was sexting 10-12 year old female students at a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia. The defendant was found in possession of numerous photos containing child pornography.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in Charge Stephen Belongia, and the Lewiston Police Department, under the direction of Chief Frank Previte.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that two more defendants have been charged federally in two separate criminal complaints arising from May 30, 2020, violent protests held in the City of Rochester. SHAKELL SANKS, 26, and JAVON HARDY, 24, both of Rochester, NY, have been charged with arson and each face a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the prosecutions of both SANKS and HARDY, 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. During the late-afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.

At approximately 6:00 p.m. on May 30th in downtown Rochester, defendant SANKS, assisted others in attempting to light fabric on fire. The fabric was stuffed into the gas tank of a parked car belonging to the City of Rochester Family Crisis Intervention Team (FACIT). At approximately 6:20 p.m., the FACIT car began to smoke and shortly thereafter became engulfed in flames. The car was a total loss. Defendant SANKS was eventually identified as one of several individuals involved in starting the fire and was arrested. Today, SANKS made his initial appearance in federal court. Another individual, Mackenzie Drechsler, 19, of Ontario, NY, was previously charged by criminal complaint for her role in the arson of the FACIT car.

That same day, at approximately 6:28 p.m., a 32-foot by 8-foot mobile office/construction trailer, also located in downtown Rochester and rented by the Michels Corporation of Wisconsin, was also set on fire and rendered a total loss. The mobile office contained work equipment, tools, a printer, camera, and wi-fi device. As alleged in the criminal complaint filed against him, Facebook Live video footage posted by various users shows defendant HARDY carrying a milk jug at the back door of the trailer. HARDY is then seen walking down the trailer steps and heard yelling, “Let that (expletive) burn,” and “If it’s not on fire, I didn’t do my job.” A second individual, Marquis Frasier, 27, of Rochester, was also previously charged with arson for allegedly using a Molotov Cocktail to help start the same trailer on fire. 

A total of 11 defendants have now been charged federally for their roles in violent protests in Rochester and Buffalo in May and June, 2020. In Rochester, in addition to SANKS, HARDY, Drechsler, and Frasier, Dyshika McFadden, 26, and Miguel Ramos, 19, both of Rochester, were previously charged with conspiracy to commit arson and arson, for their alleged role in burning a Rochester Police Department patrol car during the May 30, 2020, protests. In Buffalo, Keyondre Robinson,18, of Buffalo, was previously charged with assault of a federal officer, for his alleged role in throwing a bottle that struck a Deputy United States Marshal in the face during violent protests outside of the Robert H. Jackson Federal Courthouse in Buffalo on May 30, 2020; Courtland Renford, 20, of Buffalo, has been indicted and charged with arson in connection with his alleged attempt to burn down Buffalo City Hall during the May 30, protests; and Deyanna Davis, 30, Semaj Pigram, 25, and Walter Stewart, 28, all of Buffalo, were each previously indicted and charged with being felons-in-possession of a firearm, after the SUV in which they were traveling struck and seriously injured a Buffalo Police Officer and a New York State Trooper in connection with civil unrest in Buffalo, on June 1, 2020. After striking the officers, a chase ensued, and once the three were arrested, a loaded firearm and spent shell casings were discovered inside the SUV.

“The arsons, assaults, and weapons violations alleged to have been committed by these defendants are not part of any sort of righteous crusade; they are—plain and simple—criminal acts,” stated U.S. Attorney Kennedy. “This sort of behavior, combined with the recent and marked increase in violent crime and shootings across both our Nation and our District, suggests that some among us believe that violence, chaos, and lawlessness represent an appropriate path forward. They, however, are wrong. These charges reinforce the message that as Americans, we favor unity over entropy and that our greatest strength—that our very identity comes from our shared humanity and from the values and ideals we choose to uphold. Only by uniting, coming together as one, and rejecting this sort of divisive and damaging conduct can we ever hope to achieve the full promise of those values and ideals—expressed so eloquently in our Declaration of Independence—of a people who are all ‘created equal, [and] endowed by [our] Creator with certain unalienable rights, [including] life, liberty, and the pursuit of happiness.’”

The most recent complaints are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; 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; and the Rochester Fire Department, under the direction of Fire Chief Willie 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.

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Daren Lewis, 39, of Quincy, MA, was arrested and charged by criminal complaint with possessing with intent to distribute 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 Justin G. Bish, who is handling the case, stated that on July 10, 2020, Homeland Security Investigations (HSI) in Flagstaff, Arizona received an alert regarding a suspicious cargo shipment, originating in California and destined for Tonawanda, NY. The shipment was manifested as personal effects and the phone number provided by the shipper was not a working number.

HSI Buffalo, the Erie County Sheriff's Office, and the Niagara County Drug Task Force began investigating the shipment on July 13, 2020, after its arrival in Tonawanda. On that day, a U.S. Customs and Border Protection (CBP) K-9 showed interest in the vent of the container, but did not make a final positive alert to the presence of controlled substances. However, an Erie County Sheriff's Office K-9 ran to the suspicious shipment container without command and indicated a positive alert to the presence of a narcotic odor near the same vent and area of the container at which the CBP K-9 showed interest.

At approximately 1:45 p.m. on July 13, 2020, the defendant Daren Lewis arrived at an area cargo terminal in a U-Haul rental truck. After going inside the office, the defendant returned to the truck and backed the U-Haul up to the container holding the suspicious shipment. Lewis opened the locks on the container and positioned the doors of the U-Haul truck to obscure the area between the truck and the container before going into the container.

After a short time, he was observed in the cab of the truck and appeared to be using a telephone. After closing the doors on the back of the U-Haul truck and driving away from the cargo terminal, the defendant was stopped on Sheridan Drive in Tonawanda by Erie County Sheriff's Deputies. The defendant and the U-Haul truck were transported to an Erie County Sheriff's Office. A search warrant was executed on the U-Haul. Inside, investigators discovered two cardboard boxes containing shrink wrapped packages. One of the packages was opened and found to contain a bag of a white crystal substance, which field tested positive for methamphetamine. The shipment contained a total of 59.5 pounds of suspected methamphetamine. The estimated street value of the suspected methamphetamine is $2,700,000. Lewis was arrested. 

“While we often speak of the potentially deadly consequences of heroin and fentanyl use, methamphetamine can be just as dangerous, just as addictive, and in the end, just as deadly,” stated U.S. Attorney Kennedy. “The coordinated efforts by Homeland Security and our partners in local law enforcement have resulted in one of the largest seizures of methamphetamine ever in the Western District of New York and prevented this massive batch of poison from reaching our streets and wreaking havoc in our community.”

“Drug trafficking organizations clearly have the false perception that they can act with impunity during the current crisis,” said Kevin Kelly, HSI Buffalo Special Agent-in-Charge. “This arrest and significant seizure sends an unequivocal message that we will continue to hold criminals accountable.”  

The defendant will make an initial appearance on July 15, 2020, at 10:00 a.m. before U.S. Magistrate Judge Michael J. Roemer.

The criminal complaint is the culmination of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Niagara County Drug Task Force, under the direction of Niagara County Acting Sheriff Michael Filicetti.

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 Torri McCray, 41, of Buffalo, NY, who was convicted of possessing with intent to distribute and distributing fentanyl and 10 grams of more of buytryl fentanyl was sentenced to serve 90 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on four dates between June and August of 2017, the defendant distributed controlled substances, including heroin, fentanyl, U-47700, butyryl fentanyl, and furanyl fentanyl. On August 16, 2017, the Drug Enforcement Administration arrested McCray and recovered from him a quantity of heroin that he intended to distribute. 

The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge Ray Donovan, New York Field Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a three-count indictment charging Priscilla Vogelbacher, 37, of Oregon, Ohio, with one count of enticement of a minor and two counts of interstate travel with the intent to engage in illicit sexual conduct. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Douglas A. Penrose, who is handling the case, stated that according to the indictment, between November 2018 and June 2019, the defendant began a relationship with the minor victim over the internet and enticed the minor victim to engage in sexual activity. Vogelbacher is also accused of making two separate trips from Ohio to Jamestown, NY, for the purpose of having sex with the minor victim, who was 15 years old at the time.

The defendant was arraigned today before Judge Michael J. Roemer and released on conditions.

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

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

# # # #

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 Walker, 29, of Buffalo, NY, who was convicted of racketeering conspiracy and assault with a dangerous weapon in aid of racketeering, was sentenced to 120 months imprisonment by U.S. District Judge Lawrence J. Vilardo. 

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

As part of his plea, defendant Walker admitted to the following:           

• On June 19, 2019, the defendant was on Genesee Street, Cheektowaga, New York with co-defendant Kareem Pryor where they met up with Victim 1.  The defendant accused Victim 1 of killing a CBL/BFL member and also of cooperating with law enforcement in the investigation of CBL/BFL.  The defendant and co-defendant Pryor then both began punching Victim 1.  The assault carried into the street and Victim 1 was forced to the ground where the defendant and co-defendant Pryor used their feet with shoes on them to stomp Victim 1’s upper body and head onto the pavement.  The defendant and co-defendant Pryor then ran away.  Victim 1 was treated at a hospital for a fractured shoulder bone and a concussion. 

• On February 1, 2017, the defendant possessed over 600 grams of a mixture of butyryl fentanyl and three firearms.

• In March 2017, the defendant signed a false affidavit related to the possession of the drugs and guns from February 1, 2017.

• On May 13, 2013, the defendant was found in possession of 2.84 grams of cocaine base and marijuana. 

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

# # # #

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Mark E. Wolanyk, 62, of Clarence Center, NY, who was convicted of tax evasion, was sentenced to 12 months of home confinement, 3 years of supervised release and ordered to pay $243,387 in restitution to the IRS by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that in October 2010, the defendant and his minor son opened an account at First Niagara Bank in the name of the minor son, with Wolanyk listed as a custodian on the account. From October 2010 through December 2013, the defendant made deposits into the First Niagara account, including business deposits, totaling approximately $258,911.49. Between January 2011 and December 2013, Wolanyk made cash withdrawals from the First Niagara account totaling approximately $260,875.

In September 20, 2011, during the course of IRS efforts to collect taxes owed by the defendant, Wolanyk submitted what is known as a Collection Information Statement for Wage Earner and Self-Employed Individuals to the IRS. However, the defendant failed to list the First Niagara account in a designated area for listing bank accounts.

In January, April, and December of 2013, the defendant was issued five checks totaling $60,000 as compensation for services rendered in connection with a real estate transaction. All five checks were deposited into the First Niagara account.

In October 15, 2014, Wolanyk filed a false Form 1040 U.S. Individual Income Tax Return for 2013 claiming $77,477 in gross income and $56,491.58 in total income. The defendant knew his taxable income for the calendar year was greater than the amount reported on the tax return. On February 24, 2014, the defendant had previously filed a Form 1040 U.S. Individual Income Tax Return for 2013 claiming -$1,500 total income. Neither return reported the five checks totaling $60,000 deposited into the First Niagara Account.

The total tax loss associated with the defendant’s conduct is $243,386.

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

# # # #

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Frank Salerno, 30, of Pittsfield, Massachusetts, pleaded guilty, before U.S. Chief Judge Frank P. Geraci, Jr., to receiving child pornography  The charge carries a minimum penalty of 5 years imprisonment, a maximum penalty of 20 years imprisonment, and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that in 2019, Salerno engaged in sexually explicit online conversations with a 14 year-old minor who lived in Western New York.  In the conversations, Salerno induced the minor to produce and send Salerno child pornography.  Salerno was ultimately reported to police, and he was arrested in Massachusetts in December 2019.   

The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
 
Sentencing is scheduled for October 7, 2020, before Judge Geraci.  

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Kareem Pryor, 30, of Buffalo, pleaded guilty to assault with a dangerous weapon in aid of racketeering, and possession of methamphetamine with intent to distribute, and faces a maximum penalty of up to 40 years in prison. 

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

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

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

Sentencing is scheduled for November 11, 2020, before Judge Vilardo. 

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Gilberto Marchese, 38 of Lockport, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years imprisonment and a fine of $1,000,000. 

Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that between December 2015, and March 27, 2019, the defendant unlawfully possessed with intent to distribute cocaine.   On March 27, 2019, law enforcement conducted a search warrant at the defendant’s residence at 150 Grand Street, Lockport, New York, and recovered approximately 29.10 grams of cocaine, a grinder with suspected marijuana residue, and two digital scales.  As part of his plea, the defendant admitted that the aggregate amount of cocaine he distributed over this time-period exceeded 500 grams.

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

Sentencing is scheduled for October 15, 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 Robert Michalewski, 55, of Blasdell, NY, who was convicted of possession of child pornography involving prepubescent minors, after having sustained a conviction for child sexual abuse, was sentenced to serve 10 years in prison, and 5 years of supervised release, by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children (NCMEC), Homeland Security Investigations (HSI) traced the suspected child pornography to the defendant.  On May 24, 2019, investigators executed a search warrant at Michalewski's residence on South Park Avenue in Blasdell. Several items were seized, including a desktop computer, cell phone, laptop computers, external hard drives, DVDs, thumb drives, internal hard drives, VHS tapes, and literature.  An initial examination of some of the electronics recovered suspected images and videos of child pornography. Some of the images depicted prepubescent minors and acts of violence.  Michalewski was previously convicted in February 2018 of Possession of a Sexual Performance by a Child in Erie County Court and sentenced to a conditional discharge, which remains pending.
    
The sentence is the result of an investigation by Homeland Security Investigations, Child Exploitation Unit, under the direction of Special Agent-in-Charge Kevin Kelly.  

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alton Dunn, 30 of Rochester, pleaded guilty today before United States District Judge David G. Larimer to the felony charges of possession with intent to distribute marijuana and possession of a firearm and ammunition by a felon.  The drug charge carries a maximum possible penalty of five years imprisonment, and a fine of $250,000 or both.  The firearm charge carries a maximum prison term of 10 years, and a fine of $250,000, or both.

Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that Dunn was arrested on July 31, 2018, after officers from the Rochester Police Department, who were patrolling the area of Child Street in the City of Rochester, saw a Lincoln Navigator with a license plate cover obscuring the vehicle’s license plate.  Officers pulled the Navigator to the side of the road, approached it and identified Dunn, who had been convicted of Robbery in the Second Degree in 2007, as the driver.  They also learned he did not have a valid driver’s license.  After ordering him to step from the Navigator, officers searched Dunn and found a small plastic vial of marijuana in his pocket.  The officers could also smell marijuana coming from inside the Navigator.  They searched the vehicle and found a loaded semiautomatic handgun, with a defaced serial number, in the front passenger door.  Officers also recovered a bag containing 2 vials of marijuana in the center console of the Navigator.  In the rear seats, officers discovered a bag from which they recovered 39 plastic vials, each containing marijuana.  In the bag, officers also found a champagne case which contained more marijuana.  Dunn admitted that he intended to distribute the marijuana. 
  
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative.  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

Sentencing is scheduled for September 16, 2020, at 2:00 PM before the Hon. David G. Larimer.

# # # #

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

ROCHESTER/BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that five defendants have been arrested and charged federally in four separate complaints in connection with violent protests held on May 30, 2020, in both the City of Rochester and the City of Buffalo.  In Rochester, four individuals have been charged for their roles in connection with the burning of three government vehicles and a private mobile construction trailer office during violent protests held in the late-afternoon/early-evening hours of Saturday, May 30, 2020, in the Rochester.  In Buffalo, a fifth individual was arrested this morning and charged with assaulting a federal officer during a violent protest held that same evening, outside of the Robert H. Jackson Federal Courthouse on Niagara Square.

The individuals charged include the following:

• DYSHIKA MCFADDEN, 26, and MIGUEL RAMOS, 19, both of Rochester, NY, are charged with conspiracy to commit arson and arson, for their alleged role in burning RPD Patrol Car which was parked in front of the Public Safety Building at 185 Exchange Boulevard, in Rochester; • MACKENZIE DRECHSLER, 19, of Ontario, NY, is charged with arson of a vehicle used in interstate commerce, for her alleged role in burning two (2) vehicles, one belonging to the New York State Attorney General’s Office and another Belonging to the City of Rochester Family Crisis Intervention Team (FACIT), both of which were parked in the vicinity of 144 Exchange Boulevard, in Rochester;  • MARQUIS FRASIER, 27, of Rochester, NY, is also charged with arson of a building vehicle and property, for his alleged role in using a Molotov Cocktail to help burn down a 32-foot by 8-foot mobile construction trailer and its contents, which was being rented by an out-of-state construction company and which parked in the lot at the corner of Exchange Boulevard and Court Street, in Rochester; and
• KEYONDRE ROBINSON, 18, of Buffalo, NY, has been charged with assault of a federal officer, for his alleged role in throwing a bottle that struck a Deputy United States Marshal in the face during protests outside of the federal courthouse in Buffalo on May 30, 2020.

In the event of conviction, McFADDEN, RAMOS, DRESCHSLER, and FRASIER each face a mandatory minimum term of imprisonment of five years, a maximum of 20 years, and a $250,000 fine.  ROBINSON faces a maximum possible sentence of a term of imprisonment of 8 years, and a $250,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the Rochester cases, 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.

At approximately 5:05 p.m., McFADDEN and RAMOS, using aerosol cans and an open flame, allegedly set fire to and rendered as a total loss RPD CAR 463 that was parked in the loop in front of the public safety building. 

At approximately 5:57 p.m., DRESCHLER allegedly set fire to an official vehicle owned by the New York State Attorney General’s Office, after crouching down, placing cardboard inside the vehicle and then walking away. Approximately one minute later, smoke began billowing from the car, and as the fire grew, the car became engulfed in flames.  Roughly 20 minutes later, at 6:18 p.m., DRESCHLER and another male were observed setting fire to the overturned FACIT car which was located nearby.  Both vehicles were total losses.

At approximately 6:28 p.m., a 32-foot by 8-foot mobile office, rented by the Michels Corporation of Wisconsin, was set on fire. It was located in the parking lot at the corner of Court Street and Exchange Boulevard. The mobile office contained work equipment, tools, a printer, camera, and wi-fi device. Facebook Live video footage posted by various users allegedly shows FRASIER, holding a Molotov cocktail, walking up the steps of the mobile office, throwing the Molotov cocktail inside, and immediately running down the steps. The mobile office was a total loss.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case in Buffalo, stated that on May 30, 2020, members of the United States Marshals Service (USMS), Homeland Security Investigation (HSI), Immigration Customs Enforcement (ICE), Federal Protective Services (FPS), New York State Police (NYSP), Amherst Police Department, and Buffalo Police Department (BPD) were assisting with crowd control during similar protests in the City of Buffalo.  As in Rochester, the protests in Buffalo turned violent during the late-afternoon/early-evening. Because some of the protesters were behaving aggressively and violently, law enforcement officers were positioned shoulder-to-shoulder along the courthouse steps along the Southeast Corner of the Robert H. Jackson Federal Courthouse on Niagara Square, as part of an effort to protect the Courthouse.  At approximately 6:45 p.m., a Deputy U.S. Marshal who was standing guard on the courthouse steps was struck in the face by a bottle allegedly thrown by defendant ROBINSON.

“The arsons and assault with which these defendants have been charged are not part of any sort of righteous crusade; they are—plain and simple—criminal acts,” stated U.S. Attorney Kennedy.  “This sort of behavior, combined with dramatic increase in violent crime and shootings across both our Nation and our District, suggests that some members of our society believe that division and violence provide an acceptable path forward from the current state of civil unrest.  They, however, are wrong.  Instead, in choosing our path forward let us draw on the wisdom of one of Rochester’s greatest residents, Frederick Douglass.  In the twilight of his life, the emancipated slave, who went on to become an American social reformer, abolitionist, and orator stated: ‘My cause, first, midst, last, and always was and is that of the black man; not because he is black, but because he is a man.’  Douglass’s words resonate loudly today as a reminder that as Americans it is our obligation, in charting a path forward, to focus not on that which divides us, but rather on than that which unites us.  As Douglass correctly recognized, as Americans, our identity is not derived from any personal characteristic over which none of us have any control.  Rather, our identity as Americans comes from our shared humanity, the values and ideals we choose to uphold, and the obstacles we have overcome.  Only by uniting and coming together as one can we achieve the full promise of those values and ideals—so eloquently expressed in the Declaration of Independence—which we celebrated just a few days ago —of a people who are all ‘created equal, [and]  endowed by [our] Creator with certain unalienable rights, [including] life, liberty, and the pursuit of happiness.’ The lawless conduct and wanton destruction and violence charged in the complaints announced today—and the apparent increase in violence across our country and our community—threatens the lives, the liberty, and the happiness of all Americans.  For that reason, my Office, together with our partners in law enforcement, will continue to do all that we can to deliver a healthy prescription of  law and order to those—like these defendants—who seem more interested in spreading the decidedly un-American diseases of lawlessness, chaos, and division across these United States of America.”

The complaints are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; 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.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Rungrot Phimthong, 26, of Rush, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving prepubescent minors. The charge carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on October 10, 2018, the defendant possessed a laptop computer, which contained more than 600 images of child pornography. Some of the images depicted prepubescent minors or minors under 12 years-old. Phimthong also admitted that prior to December 21, 2017, he electronically sent images of child pornography to other individuals with whom he was communicating.

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

Sentencing is scheduled for September 29, 2020, before Judge Geraci.
 
# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcos D. Guzman, 36, of Rochester, NY, pleaded guilty to making fraudulent representations about the receipt of military medals before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that Guzman lied to the U.S. Probation Office about his military service and being awarded two Purple Hearts in order to try to get a lower sentence on two pending firearms offenses. Specifically, the defendant lied about serving in the United States National Guard, being deployed to Iraq for 18 months, and receiving two Purple Hearts for saving another soldier on the battlefield in Iraq. Guzman provided photographs to the U.S. Probation Office that purported to show the two Purple Heart certificates. The Purple Heart certificates were fake.

In April 2019, Guzman was convicted of theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon, after stealing approximately 87 firearms from Chinappi’s Firearms & Supplies, a gun store on West Ridge Road in Spencerport, NY. Co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto have also been convicted. Many of the firearms were sold on the streets of Rochester.

“As our Nation comes together to celebrate July 4th, we also reflect on those brave men and women of the military who made, and who continue to make, sacrifices so that we may enjoy the blessings of liberty,” stated U.S. Attorney Kennedy. “For a convicted armed felon and thief to attempt to receive leniency for his criminal acts by fraudulently cloaking himself in an honor reserved for our bravest of military heroes is the antithesis of honor and conduct which is deserving of special recognition—in the form of its very own criminal conviction.”

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

Guzman is scheduled to be sentenced for both the firearms offenses and lying about the military medals on August 12, 2020, at 4:00 p.m. before Judge Wolford.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lazaro Aguilar, 20, of Rochester, NY, who was convicted of possessing with intent to distribute heroin and fentanyl, and possessing a firearm in furtherance of a drug trafficking crime, was sentenced to serve 81 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Aguilar was arrested on February 16, 2018, after officers from the Rochester Police Department, who were patrolling the area of Murray Street and Lyell Avenue, saw the defendant driving a vehicle with excessively tinted windows in violation the New York State Vehicle and Traffic Law. After officers pulled the vehicle over, they identified Aguilar as the driver but he did not have a valid driver’s license. After ordering the defendant to exit the vehicle, officers searched Aguilar and found 32 small bags containing a mixture of heroin and fentanyl in his pocket. Officers also recovered a loaded pistol from the defendant’s pocket. Aguilar stated that he had the handgun for his protection, and that he had been shot at earlier.

Aguilar was again arrested on September 30, 2019, with 23 additional bags of fentanyl, and over $5,000 in United States currency.     

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

The sentencing is the result of an investigation by the 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 Office.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shirley Boone, 61, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Richard A. Resnick and Melissa M. Marangola, who are handling the case, stated that the defendant was the Chief of Staff at NEAD, a not-for-profit neighborhood tax-exempt organization, governed by a volunteer board of directors with day-to-day operations overseen by an Executive Director. Volunteers and staff worked with city officials and agencies to revitalize and stabilize the Sector 8 neighborhood in the northeast quadrant of Rochester. Boones’ duties included securing grants for NEAD, which was funded primarily by grants. 

On February 23, 2018, NEAD paid Freedom Community Enterprise Inc. $45,000 to make it falsely appear that Freedom Community had replaced NEAD’s roof and worked on other rehabilitation projects. Freedom Community was a for-profit subsidiary of NEAD and was established to further NEAD’s objective of providing affordable economic opportunities for neighborhood residents. Freedom Community also operated a convenience store located in the Northeast quadrant of Rochester. Freedom Community was not a construction company, nor did it replace NEAD’s roof or perform other rehabilitation projects for NEAD.

Subsequently, the defendant sent documentation to the Dormitory Authority of the State of New York (DASNY) indicating that Freedom Community had in fact replaced NEAD’s roof and performed other rehabilitation services, along with documentation of the $45,000 payment. As a result, NEAD fraudulently received a $45,000 grant from DASNY on July 16, 2018.  

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.

Sentencing is scheduled for December 9, 2020, before Judge Wolford.

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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 Jean Green-Alvarez, 33, of Rochester, NY, was arrested and charged by criminal complaint with being 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 Cassie M. Kocher, who is handling the case, stated that at approximately 12:30 a.m. on January 15, 2020, Rochester Police Department officers responded to 46 Backus Street in Rochester for a menacing call. According to the complaint, the victim was knocking on doors on nearby Emerson Street attempting to get assistance with charging his cellular telephone. As the victim approached 108 Emerson Street, he observed a male, later identified as the defendant, and a female in the doorway of the residence. As the victim approached, the female handed the defendant what appeared to be a black rifle. The defendant approached the victim and demanded his backpack. The victim told officers that he complied with Green-Alvarez’s demands and handed him the backpack.  Surveillance footage at 108 Emerson corroborated the victim’s summary of the events.  Officers later searched the residence and located a rifle in the basement of 108 Emerson Street. On March 9, 2020, Green-Alvarez was arrested by police.  In September 2009, the defendant was convicted of conspiracy to possess with intent to distribute cocaine within a protected location in the District of Puerto Rico, and is legally prohibited from possessing a firearm. 

Green-Alvarez made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.

The criminal complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; 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 U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo.

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

The 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 Freddy Moore, 31, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

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

Sentencing is scheduled for September 11, 2020, at 9:00 a.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Miller, 30, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to distribute, and distribution of, controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

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

The 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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci. 

Sentencing is scheduled for October 8, 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 Jose Lao, 25, of Buffalo, NY, who was convicted of distributing heroin and fentanyl, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Charles J. Volkert, Jr. and Justin G. Bish, who handled the case, stated that on six occasions between May 3 and June 23, 2017, the defendant sold a mixture containing heroin and fentanyl during an undercover drug operation led by the Drug Enforcement Administration.

The sentencing is a result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Terrence M. McRae, 40, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possessing with intent to distribute methamphetamine. The charge carries a maximum sentence 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 on September 6, 2019, members of the Jamestown Metro Drug Task Force executed a New York State search warrant at the residence of Richard Kinsey on Newland Avenue in Jamestown. Before the execution of the warrant, investigators observed co-defendants Richard Kinsey and Brandi Whitford arrive and enter the residence. A short time later, the defendant and another individual entered the residence. As investigators moved into the residence to begin executing the search warrant, they observed McRae exit the residence to a second story porch roof. The defendant was subsequently detained.

During the execution of the search warrant, investigators recovered nine plastic wax baggies with skull and Viking hat logos, methamphetamine, marijuana, three suspected alprazolam pills, two cellular telephones, and a black scale. 

Charges remain pending against co-defendants Richard Kinsey and Brandi Whitford. 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 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 Jamestown Police Chief Harry Snellings.

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 Prabjot Nagra, 26, a citizen of India, was arrested and charged by criminal complaint with possessing with the intent to distribute 1000 kilograms or more of marijuana and importation of marijuana into the United States. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that according to the complaint, the defendant attempted to enter the United States at the Peace Bridge Port on Entry just before midnight on June 25, 2020. Nagra was driving a commercial truck with Ontario, Canada license plates. According to an electronic manifest, the truck was carrying a shipment of 55 storage containers.

The commercial truck was referred to the Vehicle and Cargo Inspection System for a non-intrusive x-ray exam. The x-ray showed inconsistencies of the cargo within the entire trailer. As a result, the truck was referred to the Peace Bridge warehouse loading dock for physical examination. During the physical exam of the crates, Customs and Border Protection Officers recovered multiple packages of vacuum sealed bags containing a green leafy substance, which field tested positive for the presence of marijuana. Approximately 8,320 vacuum sealed packages of suspected marijuana weighing approximately 9,472 pounds were removed from the original shipment containers. The marijuana is valued at approximately $20,000,000. This represents the largest marijuana seizure ever in the Western District, and one of the largest—if not the largest—ever at the northern border.

“For the third time in as many weeks, the diligence of Customs and Border Protection Officers has resulted in the seizure of literally tons of illegal controlled substances destined for our country,” stated U.S. Attorney Kennedy. “In just three weeks, CBP Officers have prevented thousands of pounds of illicit drugs, valued at nearly $30,000,000, from entering our country. We will remain vigilant to protect our border from those who seek to profit from the importation of these illegal substances, as they not only fuel the violent drug trafficking organizations who distribute them but jeopardize the health and well-being of those, including minors, who use them. Because the health, safety, and security of every American matters, so too do our borders.” 

“This was an excellent job by our officers from start to finish,” said Port Director Jennifer De La O.  “From recognizing a shipment that needed further screening, to the identification of the anomaly during the secondary scan, to the coordination with our partners at Homeland Security Investigations, our officers are committed to intercepting these illicit drugs from being smuggled in.”

“The resurgence of large-scale illicit marijuana seizures is alarming and brazen given the public health crisis,” said Kevin Kelly, HSI Special Agent-in-Charge. “HSI and CBP will always work together to thwart and deter those criminal organizations that attempt to exploit our borders.”

“The work of the officers has been incredible and their dedication to CBP's enforcement mission is evident in these recent large load narcotics seizures,” said Buffalo Field Office Director Rose Brophy. “Criminal organizations are not going to stop just because the border has restricted travel and CBP officers continue to work and ensure our borer is secure.”

The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on July 1, 2020.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julian Rivera, 30, of Buffalo, NY, who was convicted of possessing with intent to distribute heroin, butyryl fentanyl, and U-47700, was sentenced to serve 38 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Paul C. Parisi and Meghan E. Leydecker, who handled the case, stated that between March and May 2017, an undercover officer purchased heroin, butyryl fentanyl, and U-47700 from Rivera, co-defendant Craig Lester, and others, on 12 separate dates. On several occasions, the defendant was the person who negotiated the price of the drugs with the undercover officer. Many of the transactions took place inside a residence at 28 Echols Lane in Buffalo.

On April 7, 2017, Rivera was walking in the Towne Gardens Housing Complex in Buffalo, where Buffalo Police officers observed him holding what appeared to be heroin and its packaging. The defendant fled from officers but was subsequently arrested carrying 231 glassine envelopes of a mixture of heroin, butyryl fentanyl, and U-47700 in his pocket. Officers also recovered packaging for heroin and a large rock of suspected heroin in the doorway at 28 Echols Lane and two bundles of suspected heroin from Rivera’s clothing.

Defendant Craig Lester was previously convicted and sentenced.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction Special Agent-in-Charge Ray Donovan, New York Field Division.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Brian Bartz, 38, of Rochester, NY, was arrested and charged by criminal complaint with wire fraud, attempted wire fraud, and aggravated identity theft. The charges carry a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that over the past five years, the defendant has been employed as an insurance broker by several different life insurance companies including: the Benjamin Hollamby Agency, which sold life insurance policies on behalf of Nationwide Life Insurance Company; the Banker's Conseco Life Insurance Company; Mass Mutual Life Insurance Company; and the Lavoro Group via Mass Mutual, located in Rochester. The general practice of these companies was to offer monetary commissions and/or bonuses to their agents when agents sold life insurance policies.

According to the complaint, Bartz would submit false applications for life insurance policies to the insurance companies on behalf of individuals who were not aware of these applications. The applications included individuals' means of identification without their knowledge or consent. In order to avoid detection, the defendant used various victims' bank accounts to pay the premiums for the unauthorized policies. Between 2015 and 2020, Bartz defrauded or attempted to defraud a number of life insurance companies and dozens of investors out of more than $950,000.

The complaint further states that some of the defendant’s conduct was discovered after his departure from the insurance companies. For instance, after he left the Benjamin Hollamby Agency in February 2018, Nationwide conducted an annual audit, which revealed that a disproportionately large number of life insurance policies sold by Bartz had lapsed due to policy holders failing to pay the required premiums. As a result, Nationwide performed an internal investigation and determined that many of the lapsed policy holders had never given the defendant authorization to apply for a policy on their behalf.

In October 2019, investigators executed a search warrant on the contents of the defendant’s personal email, which he used to effectuate his scheme. That review revealed that, on multiple occasions, Bartz received emails from Nationwide that were addressed to and intended for prospective policy holders but were sent directly to the defendant’s email address. The emails contained a link to a website application that prospective policy holders were supposed to complete, electronically sign, and submit to Nationwide. These emails were sent shortly before Nationwide received completed applications for these individuals. Investigators believe that the defendant completed the applications and submitted them without the victims' knowledge or consent. In total, Bartz fraudulently submitted approximately 150 policy applications on behalf of approximately 120 individuals to Nationwide and, as a result, Nationwide paid out approximately $250,000 in commissions and bonuses that it otherwise would not have paid.

The defendant continued to engage in this scheme of submitting false life insurance policy applications, collecting commissions for the sale of those policies, and using victim bank accounts to pay the policy premiums after he left the Benjamin Hollamby Agency and Nationwide:

• At Banker's Conseco, Bartz allegedly fraudulently submitted approximately 29 policy applications on behalf of approximately 22 individuals, attempting fraudulently to obtain approximately$70,000 in commissions and bonuses. Banker's Conseco discovered the fraudulent scheme in time to avoid making the payments.
• At Mass Mutual, the defendant fraudulently submitted approximately 138 policy applications on behalf of approximately 10 individuals, attempting fraudulently to obtain approximately $110,000 in commissions and bonuses. However, Mass Mutual discovered the fraudulent scheme in time to avoid making the payments.

In addition to defrauding insurance companies, Bartz attempted to defraud individual victims through a fraud scheme commonly known as a Ponzi scheme. The defendant targeted individuals that he either already had years-long relationships with as their life insurance agent or who were referred to Bartz as a trusted life insurance/investment agent. While working at the life insurance companies, the defendant began to persuade individuals to make premium payments to him directly instead of to the life insurance company with which they had or believed they had a policy. In addition, Bartz represented himself as an investment advisor and convinced victims to invest their money in investment funds that he controlled, which, in fact, did not exist. To avoid being detected, the defendant used a small portion of incoming new investor monies to make promised payments to earlier investors. Bartz is accused of defrauding individual investors out of approximately $530,000.

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

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 Daniel Sterling, a/k/a Pancho, a/k/a Jose, 43, of Louisville, KY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $20,000,000 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. Sterling and co-defendant Edgar Pavia brokered bulk quantity cocaine to multiple areas in the country including Buffalo, Kentucky, and Georgia. Pavia coordinated shipments of cocaine to Sterling in Kentucky and co-defendant Adrian Goudelock in Buffalo. For example, on June 28, 2018, Pavia told Sterling that a shipment of 40 kilograms of cocaine would be the last shipment at $28,000 per kilogram, since the price would be going up. Sterling received multiple shipments of cocaine brokered by Pavia in amounts of 10 kilograms, 15 kilograms, and 20 kilograms.

In September 2018, shortly after a shipment of cocaine was delivered to Sterling in Louisville, KY, approximately $1,144,735 in cash, proceeds of narcotics trafficking, was seized from a commercial truck driver in Chicago, Illinois. Approximately $350,000 came from Sterling in Kentucky. The money was destined to be transported back to El Paso and, eventually, Mexico.

On December 6, 2018, investigators observed Sterling meeting with another co-defendant Martin Lopez to receive 20 kilograms of cocaine that was inside a hidden compartment in Lopez’s vehicle. A search inside Sterling’s vehicle found approximately $620,470 concealed in a black duffle bag. A warrant conducted at Sterling’s residence located an additional $114,200.

Of the 12 defendants charged in this case, Sterling is the first 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 Acting Special Agent-in-Charge Robert Guyton; 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 HIS-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.

Sentencing will be scheduled at a later date 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 Bobby Hunt, 27, and Amy Dean, 31, both of Jamestown, NY, who were convicted of conspiracy to retaliate against an informant, were sentenced by U.S. District Judge Lawrence J. Vilardo. Hunt was sentenced to serve 24 months in prison and Dean was sentenced to a period of time served (approximately three months).

Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that in October 2018, the defendants conspired to intimidate and/or retaliate against an individual (the Victim), whom they believed was sharing information with investigators regarding the drug trafficking activities of Ramael Fields, Jr. Hunt and Dean believed the Victim might also share information about Hunt’s possible involvement in a narcotics conspiracy. Fields was previously arrested in connection with a federal investigation of a largescale methamphetamine distribution operation in Jamestown.

On October 17 and October 25, 2018, Hunt posted a series of Facebook messages regarding individuals “snitching” on the defendant's “brother,” Ramael Fields, Jr. On October 25, 2018, Hunt posted a copy of the cover page of the indictment that charged Fields. The cover page included a list of individuals whom Fields and Hunt believed to be federal informants who provided information that led to the arrest of Fields. Hunt received the indictment cover page from Fields, who instructed the defendant to post the page on Facebook. Also on October 25, 2018, Hunt and Dean left the Victim several threatening Facebook voice messages, including:

Hunt: You know if I go to jail for conspiracy there's going to be a lot of females after you!
Dean: That's right [expletive] and his sister is one of them so go ahead and try [expletive] cause I live at 124 Barrows and you can come get yourself some, don't you threaten my little brother!

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

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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 Wanderson Dos Santos-Freitas, 35, a Brazilian citizen living in Toronto, Canada, who was convicted of alien smuggling, was sentenced to serve 21 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that on March 13, 2019, at approximately 9:00 a.m., a U.S. Border Patrol Agent spotted a black jet ski with three occupants, two males and one female, about 50-60 feet from the shoreline at Beaver Island State Park. When the occupants noticed the agent, the operator of the jet ski, the defendant, stepped into the water, and began to push the watercraft further away from the shoreline. Dos Santos-Freitas continued to stand up in an apparent attempt to restart the jet ski, but the jet ski began to release smoke from the exhaust. After a couple minutes, the defendant began to wave at the agent and related that the jet ski appeared to be stuck in the ice. Air and Marine Operations were alerted and responded to the scene.

A short time later, Dos Santos-Freitas got off the jet ski, abandoning his two passengers, and walked across the ice onto the shore. When asked by agents on shore for his citizenship, the defendant stated that he was a “permanent resident of Canada.” Dos Santos-Freitas also stated that he did not have any immigration documentation which would allow him to enter the United States legally. The defendant was then placed under arrest. The defendant’s passengers later told agents that they expected to pay the defendant after arriving at their final destinations in the United States.

The sentencing is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

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