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 Ryan Hamilton, 28, of Bath, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of 20 years. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in 2016, the defendant was convicted in New York State Court of Possessing a Sexual Performance by a Child and sentenced to 10 years’ probation. In 2017, Hamilton violated his probation, was convicted again of Possessing a Sexual Performance by a Child, and was sentenced to two to four years in prison. The defendant served his sentence and was released from prison in June 2019.

On October 4, 2019, a New York State Parole Officer conducted a home visit at Hamilton’s residence in Bath. During the visit, the defendant was found to be in possession of an unregistered Kyocera cellular telephone and Samsung tablet, in direct violation of his parole conditions. The Parole Officer determined that the tablet contained a number of pornographic videos depicting minors performing sexual acts with adults. Hamilton was arrested for violating his parole. A further review of the tablet recovered approximately 87 videos and 1,124 images containing child pornography.

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 New York State Police, under the direction of Major Eric Laughton, and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.

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

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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 Anthony M. Girolamo, 43, of Rochester, NY, who was convicted of transferring obscene material to a person he believed to be a minor, was sentenced to serve 21 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Girolamo established a texting relationship with “Liz,” whom he believed to be a 14-year old minor female. In fact, “Liz” was an undercover law enforcement officer. During the course of their text exchanges, Girolamo told “Liz” that he wanted to have sex with her, and sent “Liz” images of adult females performing oral sex on adult males.

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 Jason O. Garcia, 42, of Vaughn, Ontario, who was convicted of harboring an illegal alien, was sentenced to time served (100 days) by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on August 5, 2019, the defendant attempted to enter the United States in a commercial truck at the Lewiston Bridge Port of Entry. When asked if anyone else was present in the truck, Garcia stated “no.” Following a primary inspection, the truck was to the Vehicle and Cargo Inspection System for a scan. As the defendant appeared headed toward the scanning area, Garcia instead drove the truck in front of a warehouse. A second individual got out of the truck and walk directly into the entrance of the warehouse. The truck then turned around in the parking lot and headed towards the scanning area. Customs and Border Protection Officers located the individual in the hallway of the warehouse. The individual had a Chilean passport concealed in his pants. A records check determined the individual was refused entry into the United States under the Visa Waiver Program for failing to disclose a previous arrest in Chile.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Torin Finver, 55, of Hamburg, NY, who was convicted of importation of a controlled substance, was sentenced to a period of time served (approximately eight months) by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorneys Joshua A. Violanti and Justin G. Bish, who handled the case, stated that on November 21, 2018, Customs and Border Protection officers examined a parcel at the Chicago, Illinois, post office addressed to “T Finver,” with a residence in Hamburg, NY. The parcel was from Germany and the sender information was fictitious. The package field tested positive for cocaine.

Subsequently, two similar packages addressed to the defendant sent from California were located by U.S. Postal Inspection Service Inspectors in Rochester. One of the packages field tested positive for heroin, the other contained cocaine.

On December 15, 2018, during review of incoming mail in Hamburg, Postal Inspectors located a fourth parcel addressed to “T Finver.” On December 17, 2018, Special Agents with Homeland Security Investigations arranged for a controlled delivery of the parcel. A U.S. Postal Inspector acting in an undercover capacity delivered the parcel and other mail addressed to “Torin FINVER.” After knocking on the front door, the Postal Inspector encountered the defendant and handed over the parcel and the mail. Finver was arrested at the scene.

During an interview with investigators, the defendant stated that he ordered “dark web” packages of heroin and cocaine from the Dream Market marketplace, seven times over two months. Finver used Bitcoin to pay for the narcotics.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin. Additional assistance was provided by U.S. Customs and Border Protection in Chicago, Illinois.

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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 Dakota J. Sarfaty, 22, of Rochester, NY, who was convicted of theft of firearms from a Federal Firearms Licensee and possession of stolen firearms, was sentenced to serve 175 months in prison by U.S. District Judge Elizabeth A. Wolford. Sarfaty was also ordered to pay $41,500 in restitution to August Chinappi, the victim of the burglary and the former owner of Chinappi’s Firearms & Supplies.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Sarfaty, along with co-defendants Luis D. Marcano-Agosto and Marcos D. Guzman, broke into Chinappi’s Firearms & Supplies, a gun store located at 5016 West Ridge Road in Spencerport, NY, in the early morning hours of August 16, 2018. Sarfaty entered the basement through a hole in the wall and, together with Marcano-Agosto and Guzman, stole approximately 87 firearms, almost all of which were handguns. Guzman, Sarfaty and Marcano-Agosto then sold many of the firearms on the streets of Rochester. Investigators recovered 14 of the stolen firearms in the days after the theft. Sarafty also broke into Chinappi’s Firearms & Supplies and stole approximately seven firearms on August 12, 2018.

To date, 31 of the stolen firearms have been recovered, while law enforcement authorities are yet to account for 63 stolen firearms.

Co-defendants Marcano-Agosto and Guzman were previously convicted and are awaiting sentencing.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Regalbuto, 27, of New York City, pleaded guilty before U.S. District Judge Charles J. Siragusa to cyberstalking. The charge carries a maximum penalty of five years in prison.

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

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

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

Sentencing is scheduled for October 5, 2020, before Judge Siragusa.

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Larell Watkins, a/k/a 90-Ls, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute marijuana, was sentenced to serve 19 years in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Paul C. Parisi, Seth T. Molisani, and Christopher O. Taylor who handled 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 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. Defendant Watkins participated in the following acts:

On September 23, 2014, the defendant shot a rival gang member in the elbow on E. Eagle Street in Buffalo.

On April 19, 2015, Watkins shot a rival gang member in the chest at Bailey and Dartmouth Avenues in Buffalo.

On September 21, 2015, the defendant shot a rival gang member in the wrist at Genesee and Crossman Streets in Buffalo.

On November 8, 2015, at William and Krettner Streets in Buffalo, Watkins engaged in a shooting during which he was struck by gunfire and he also returned fire at a rival gang member.

On July 17, 2016, the defendant was in a physical altercation at a restaurant in Cheektowaga, NY and drove away. Watkins was pulled over by a Cheektowaga Police Officer a short time later on Walden Avenue. The officer recovered a 45 caliber pistol in the defendant's trunk.

On December 11, 2016, Watkins and other gang members were shot at by rival gang members at a sports facility in Cheektowaga. Watkins and other gang members retaliated by shooting a rival gang member at Broadway and Lathrop Avenue in Buffalo.

On January I, 2017, the defendant was at a New Year's Eve Party at an apartment building in the Towne Gardens in Buffalo attended by numerous other gang members. At the party, Xavier Wimes confronted a co-defendant regarding a social media feud between Wimes and the co-defendant. Wimes struck the co-defendant in the head with a bottle. Watkins and others punched and kicked Wimes and forced him into an apartment. The defendant obtained a loaded .45 caliber pistol from a separate apartment, guided the co-defendant into his vehicle, placed the pistol in the vehicle with the co-defendant, and stated openly that Wimes needed to be held accountable for what occurred. Wimes jumped out of a window and the co-defendant shot Wimes to death. Buffalo Police recovered a .45 caliber pistol near Wimes's body.  

A total of 13 defendants were charged and convicted in this case. Watkins is the eighth defendant to be convicted.

The Department of Justice’s Organized Crime and Gang Section provided vital assistance in the investigation and prosecution of this case.

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; 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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department under the direction of Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Deshon Nettles, 28, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, 10 grams or more of butyryl fentanyl and fentanyl, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Timothy C. Lynch and Misha A. Coulson, who handled the case, stated that on March 1, 2018, during a traffic stop in Buffalo, the defendant was found in possession of a small amount of fentanyl and $5,257 in cash. On March 23, 2018, a Drug Enforcement Administration undercover officer contacted the defendant to purchase a quantity of fentanyl. Nettles agreed to sell the officer approximately 10 grams. Later that day, the undercover officer met the defendant in Buffalo and purchased the fentanyl. Nettles also sold fentanyl and butyryl fentanyl to the undercover officer on three other occasions.

In May 2018, the defendant gave his cell phone to co-defendant Yuminique Toney so that she could conduct drug sales on his behalf, while he was out of town. Toney subsequently sold fentanyl and crack cocaine to the undercover officer on two occasions in May 2018.

Co-defendants Yuminique Toney, Antonio Broadus, and Marquise White were all previously convicted. Defendants Broadus and Toney were sentenced to 30 months and eight months in prison respectively. Defendant White is awaiting sentencing.

The sentencing is the culmination of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jordan Dunn, 26, of Rochester, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that on September 18, 2019, members of the FBI’s Child Exploitation Task Force executed a search warrant at the defendant’s home in Rochester following a tip from a social media company. The tip indicated that an account holder had uploaded an image of child pornography using the company’s messaging application. The child pornography was subsequently traced to Dunn’s apartment in Rochester. A computer and phone belonging to the defendant were seized and found to contain multiple images and videos of child pornography. 

The plea is the result of an investigation by the Federal Bureau of Investigation's Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Robert Guyton.

Sentencing is scheduled for September 30, 2020, before Judge Wolford.  

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Verquan Jackson, 32, of Niagara Falls, NY, with attempted possession with intent to distribute MDMA, maintaining a drug-involved premises, and possession of a firearm in furtherance of drug trafficking offenses. The charges carry up to 45 years in prison.

Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that according to the indictment and a previously filed complaint, on February 13, 2020, the United States Postal Inspection Service was notified about a box that was shipped from California to Niagara Falls breaking open during transit. Inside the box, which was addressed to Jackson at his 65th Street residence, were approximately 41 lbs. of 2 oz. individual narcotics distribution baggies.

Subsequently, on April 8 and May 19, 2020, search warrants were executed on packages addressed to the defendant’s residence but in the names of B. Jackson and Jane Brown. One package contained approximately 695 grams of suspected marijuana and paraphernalia. The other package contained approximately 652 grams of multicolored pills containing MDMA and fentanyl.

On May 21, 2020, the package containing the MDMA was replaced with sham and delivered to Jackson’s residence. A short time later, investigators executed a search warrant inside the residence. They recovered a 9mm firearm; five digital scales; a box of plastic sandwich baggies; clear plastic bags containing a tan powdery substance; designer drug packaging bags; and multiple clear plastic bags containing suspected marijuana.

Jackson made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.

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

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

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 14-count superseding indictment charging Kalijah Long, 36, of Buffalo, NY, with possession with intent to distribute, and distribution of, a controlled substance causing death and causing serious bodily injury, possession with intent to distribute, and distribution of, fentanyl and cocaine, possession with intent to distribute crack cocaine and fentanyl, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking, and being a felon in possession of a firearm and ammunition. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Michael J. Adler, who are handling the case, stated that according to the superseding indictment, between August 1 and September 19, 2019, the Drug Enforcement Administration conducted six controlled purchases of fentanyl and cocaine from the defendant. During the course of the investigation, the DEA learned that Long distributed fentanyl to an individual identified as D.H. that led to his death.  It is also alleged that the defendant distributed narcotics that led to the non-fatal overdoses of individuals identified as R.M. and G.A. 

In late September 2019, investigators executed a search warrant at Long’s residence and his vehicle. Inside his residence, they recovered narcotics paraphernalia and ammunition, including .380 caliber ammunition. Inside the defendant’s vehicle, investigators recovered a loaded .380 caliber handgun along with a bag containing 17.5 grams of fentanyl and 9.2 grams of crack cocaine.

The superseding indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the West Seneca Police Department, under the direction of Chief Daniel Denz.

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 Muhammad Cheema, MD, 47, of Pittsford, NY, pleaded guilty to health care fraud before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that between 2013 and 2017, Dr. Cheema submitted approximately 5,000 false claims for psychotherapy services that he did not render.  Based on these false claims, the defendant obtained payments totaling approximately $218,368 from health care benefit programs, including those operated by Excellus, MPV and others.

The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton, and investigators from the New York State Department of Financial Services-Criminal Investigation Bureau, under the direction of Superintendent Linda Lacewell.

Sentencing is scheduled for October 6, 2020, at 9:15 a.m. before Judge Siragusa.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that nine defendants were arrested and charged in a criminal complaint for their roles in a large and long standing illegal narcotics ring operating in Western New York. Charged with conspiring to possess with intent to distribute, and distributing, 400 grams or more of fentanyl, one kilogram or more of heroin, and five kilograms or more of cocaine are:

• Jose Roman Jr.; • Peter Pacheco; • Xavier Gonzalez; • Nathaniel Claudio; • Isiah Claudio; • Phillip Coleman; • Angel Ortiz, a/k/a "Peewee;"
• Hector  Rivera-Torres; and
• Luis Ortiz, a/k/a Luis Ortiz-Rivera.

Assistant U.S. Attorney Everardo Rodriguez, who is handling the case, stated that according to the filed complaint, since 2018, the Drug Enforcement Administration, Rochester Police Department, the Greece Police Department, New York State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives began investigating the illegal narcotics trafficking activities of the defendants who are responsible for the distribution of large quantities of fentanyl, heroin, and cocaine in Rochester.

On June 18, 2020, investigators executed search warrants at 12 residences in Rochester, and on one car associated with the defendants. During the execution of those search warrants, they seized over one kilogram of fentanyl, approximately $200,000 in cash, a firearm, scales, and materials used to process and package illegal narcotics for resale.

“For the second time since the pandemic began, hundreds of law enforcement officers risked their own well-being and set out early this morning to take down nine more defendants whose sole goal is to profit from the sale of deadly narcotics in the Rochester area,” stated U.S. Attorney Kennedy. “As a result of the brave investigative efforts of our law enforcement partners, the illegal activities of a total of 26 dangerous drug peddling defendants have come to an end in our community.”

DEA Special Agent-in-Charge Ray Donovan stated, “A local investigation turned into one of the largest drug takedown in Rochester history. This criminal network was a major threat to the quality of life in Rochester by trafficking millions of dollars-worth of fentanyl, cocaine, and heroin into Rochester and surrounding areas. Twenty-eight members of the organization have been charged as a result of a collaborative law enforcement effort focused on saving lives by decreasing drug use, overdoses, and drug-related violence.”  

On April 30, 2020, investigators executed search warrants at 24 residences in Rochester, West Henrietta, Penfield, Greece, Irondequoit, and Syracuse, and on 12 cars associated with defendants who were previously arrested. During the execution of those search warrants, they seized eight firearms; approximately 3.5 kilograms of fentanyl; and approximately two kilograms of cocaine and crack cocaine. In addition, investigators seized $928,400 in cash and over $500,000 worth of jewelry.

The nine defendants arrested and charged today brings the total number of defendants arrested in a larger investigation to 28. Eight of the defendants made initial appearances before U.S. Magistrate Judge Mark W. Pedersen. A ninth defendant was arrested in Puerto Rico and will appear before a magistrate judge there. 

The complaint is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the New York State Police, under the direction of Major Eric Laughton; the Greece Police Department, under the direction of Chief Patrick Phelan; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the U.S. Marshal Service, under the direction of Marshal Charles Salina; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci. Additional assistance was provided by the Drug Enforcement Administration, Buffalo and Syracuse Resident Offices.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Katherine Dejesus-Gonzalez, 36, of Niagara Falls, NY, who was convicted of conspiring to possess with intent to distribute and to distribute, five kilograms or more of cocaine, was sentenced to serve 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between October 2017 and July 19, 2018, the defendant conspired with Edgar Joel Jimenez-Rodriguez, Jose Garcia-Santiago, and others to sell cocaine. On May 26, 2018, the New York State Police conducted a traffic stop of a vehicle being driven by co-conspirator Jose Garcia-Santiago. Dejesus-Gonzalez was a passenger. Troopers seized five kilograms of cocaine from the vehicle.

In addition, investigators intercepted conversations involving the defendant facilitating drug trafficking activities with her co-conspirators. In September 2017, the U.S. Postal Service intercepted packages arriving from Puerto Rico which were addressed to various residences in Niagara Falls. Postal inspectors seized approximately five kilograms of cocaine that were intended for the defendant and her co-conspirators.  One of the packages was addressed directly to the defendant’s home address. Another was addressed to the home of Garcia-Santiago. 
Edgar Joel Jimenez-Rodriguez and Jose Garcia-Santiago were previously convicted.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.

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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 Jermaine Ellison, 33, of Niagara Falls, NY, who was convicted of conspiracy to distribute crack cocaine, was sentenced to serve 82 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Jeremiah Lenihan, who handled the case, stated that between November 2015 and January 26, 2017, the defendant conspired with his wife, Tasheka Stalling, to distribute cocaine base.  During a portion of the time period of the conspiracy, as of August 2016 the defendant was serving a sentence of imprisonment for a New York State drug charge.  While in prison, he communicated with his wife to continue the narcotics distribution.

Tasheka Stalling was previously convicted and is awaiting sentencing.

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; the Niagara County Sheriff’s Office, under the direction of Acting Sheriff Michael Filicetti; the New York State Police, under the direction of Major Edward Kennedy; and the Niagara Frontier Transportation Authority (NFTA), under the direction of Chief George Gast. 

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

BUFFALO, N.Y.  U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Graham, 19, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara possessing with intent to distribute five grams or more of actual methamphetamine, and possessing a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $5,000,000.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on May 07, 2019, Jamestown Police officers observed two males fighting with another male in the area of Crescent and Cheney Streets. The suspects quickly got into a silver vehicle and sped away from the scene. Detectives followed the suspect vehicle in an unmarked police car, but also requested the assistance of a marked patrol unit. The marked patrol unit initiated a traffic stop at the driveway of a residence on Lincoln Street in Jamestown.

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

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

The defendant made an initial appearance before U.S. District Judge H. Kenneth Schroder, Jr. and is being held.   

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

Sentencing is scheduled for October 28, 2020, before Judge Arcara.

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Erin Cameron, 28, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, 100 grams or more of heroin, and 10 grams or more of fentanyl, and possessing a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $5,000,000.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between July 2018, and December 30, 2018, the defendant conspired with others to sell heroin and fentanyl. During the course of the conspiracy, Cameron supplied another co-conspirator with butyryl fentanyl for future sale.

On October 22, 2018, an individual cooperating with law enforcement set up a controlled purchase of suspected heroin or fentanyl with the defendant. That individual then purchased butyryl fentanyl from an associate of Cameron.

On December 30, 2018, the defendant drove with others from Buffalo to Salamanca, NY to distribute narcotics in and around the Salamanca area. Cameron carried a pistol with six rounds of ammunition, as well as several packages of narcotics including acetyl fentanyl, crack cocaine, and oxycodone. The Salamanca Police stopped the vehicle in which the defendant was a passenger, and recovered the firearm and the controlled substances on Cameron’s person.

The plea is the result of an investigation by the Bureau of Indian Affairs, Office of Justice Services, under the direction of Deputy Bureau Director Charles Addington; the Southern Tier Drug Regional Task Force, under the direction of Cattaraugus County Sheriff's Office Lieutenant Ronald Lott; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Salamanca Police Department, under the direction of Chief Troy Westfall.

Sentencing is scheduled for October 13, 2020, at 2:00 p.m. before Judge Sinatra.

# # # #

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Frankie Cook, 26, and Shawntee Ellison, 26, both of Buffalo, NY, with narcotics conspiracy, possessing with intent to distribute 100 grams of heroin and 40 grams of fentanyl, maintaining a drug-involved premises, and possession of a firearm in furtherance of drug trafficking offenses. The charges carry up to 65 years in prison.  In addition, defendant Cook is charged with being a felon in possession of a firearm.

Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that according to the indictment, in February 2020, the defendants conspired with others to possess with intent to distribute heroin and fentanyl, and used a residence on Dartmouth Avenue in Buffalo to manufacture, use, and distribute the controlled substances. Cook and Ellison also possessed a firearm in furtherance of their drug trafficking activities. On February 11, 2020, in Erie County Court, Cook was convicted of a felony and is legally prohibited from possessing a firearm.

The indictment is the result of an investigation by the Erie County Probation Department, under the direction of Commissioner Brian McLaughlin; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and 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.              

# # # #

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Gurpreet Singh, 30, a citizen of India, was arrested and charged with unlawfully importing and possessing with intent to distribute 1000 kilograms or more of marijuana. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, in the early morning hours of June 13, 2020, a commercial truck carrying 22 skids of peat moss and bearing Ontario, Canada license plates attempted to enter the United States at the Peace Bridge Port of Entry. During primary inspection, Singh told a CBP Officer that he was transporting the peat moss to Orange, VA. During the secondary exam, officers observed five pallets of peat moss packaged in large white plastic positioned at the rear of the trailer. Behind the pallets were 58 large cardboard boxes in the middle of the trailer. Behind the boxes were 14 additional pallets of peat moss. Inspection of the cardboard boxes revealed thousands of vacuum sealed bags containing suspected marijuana. The total weight of the suspected marijuana was approximately 3,346.35 pounds, with an approximate value of $5,000,000.

“For the second time in as many weeks, Customs and Border Protection Officers successfully interdicted a multi-million dollar load of marijuana being imported from Canada into our District,” stated U.S Attorney Kennedy. “Despite the current travel restrictions at our international crossings, the criminal element has not curtailed their efforts to profit from illicit drug trafficking.  Fortunately, our tremendous partners in law enforcement have remained vigilant in their efforts to ensure the integrity of our border and, in so doing, to keep our citizens safer and healthier.”

“As criminals are determined to exploit our vulnerabilities during this unprecedented time in our country’s history, CBP remains steadfast in our commitment to protect our Nation,” said Buffalo Field Office Director Rose Brophy. “Our CBP officers have remained vigilant and focused, and their efforts have resulted in over 8,700 pounds of narcotics seized since March 21.”

“Large-scale marijuana trafficking is not an isolated crime,” said Kevin Kelly, HSI Buffalo Special Agent-in-Charge. “Smugglers are often connected to larger criminal syndicates who profit from a wide variety of crimes, and we must continue to dismantle all forms of their illicit activity.”

Singh made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending a detention hearing on June 17, 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.                               

# # # #

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 Hinca, 28, of Lancaster, NY, who was convicted of conspiracy to distribute heroin, was sentenced to serve 32 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that between December 2015 and June 2016, the defendant conspired with others to distribute heroin in the Western District of New York. Hinca was identified as a heroin dealer during a 2016 DEA investigation into a larger drug-trafficking network operating in the Buffalo area.

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

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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 Roberto Montes-Villalpando, 59, of Sanborn, NY, and Abraham Montes, 27, of Lockport, NY, with conspiracy to commit forced labor, forced labor, conspiracy to harbor aliens for financial gain, harboring an alien for financial gain, and harboring an alien for financial gain and causing serious bodily injury. Abraham Montes is also charged with transporting an alien for financial gain. The charges carry a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, with support from the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, stated that according to the indictment, the defendants owned and operated El Cubilete Mexican Restaurant, formerly located at 9400 Niagara Falls Boulevard in Niagara Falls, NY, between December 2014 and late 2018, at which time the restaurant moved to 2050 Cayuga Extension in Niagara Falls. Defendant Montes-Villalpando managed the restaurant, supervised the staff, including wait and kitchen staff, made hiring and firing decisions, and determined payroll. Defendant Montes supervised the kitchen staff of El Cubilete. The kitchen staff included Victims 1, 2, 3, and 4, who were each natives and citizens of Mexico without any legal status in the United States. The victims were employed by the defendants as cooks, food preparers, and dishwashers. In addition, the victims sublet an apartment rented by defendant Montes-Villalpando in Niagara Falls.

Between November 1, 2014, and February 18, 2018, the defendants recruited and hired undocumented foreign nationals who had entered the United States illegally to work for them. Montes-Villalpando and Montes enticed prospective laborers who lived and worked in Ohio, including Victim 1 and Victim 2, to work at El Cubilete by promising better pay and fewer hours. The defendants conspired to obtain the labor and services of Victims 1 through 4 by serious harm and threats of serious harm. During the course of the conspiracy, the defendants are accused of causing serious bodily injury to Victim 3. 

“As alleged in this indictment, the defendants took advantage of these aliens by using threats and, in at least the case of one victim, physical force, in order to exploit them,” stated U.S. Attorney Kennedy. “Human trafficking of any sort, including forced labor, will not be tolerated in our great country, and those who seek to inflict such an injustice on another human being will be prosecuted to the fullest extent of the law.”  

“Homeland Security Investigations (HSI) is committed to investigating and prosecuting all forms of human trafficking, including forced labor,” said Special Agent-in- Charge Kevin Kelly of HSI Buffalo. “Forced labor strips individuals of their basic human freedom and has no place in a modern society or in our community. HSI is proud of the work accomplished in this case with the U.S. Attorney’s Office, and our law enforcement partners.”

“This is a fine example of how the Human Trafficking Task Force is working between federal and local law enforcement agencies,” said Erie County Sheriff Timothy Howard. “These charges are the result of a detailed investigation and our proof of the commitment that law enforcement has to putting an end to human trafficking in this area.”   

The defendants were arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.

The indictment is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region, and the and the Human Trafficking Task Force of the Western District of New York.

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 Miguel Gonzalez-Adams, 40, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing cocaine with intent to distribute and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and an $8,000,000 fine.  

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

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

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

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

Sentencing is scheduled for September 10, 2020, at 9:15 am before Judge Siragusa. 

# # # #

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

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

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. Owens had authority to write and issue checks from FLC's banking account at Five Star Bank to FLC's vendors and creditors in order to pay legitimate business expenses. The defendant also had an obligation to record the details of each check she wrote and issued on behalf of FLC timely and accurately - including check date, check number, and payee - in FLC's QuickBooks accounting records.

Between June 2, 2011, and August 24, 2017, the defendant wrote and issued approximately 394 checks payable to herself from FLC's Five Star Bank account. Owens deposited the checks into an account which she owned and over which she had control. In addition, between August 30, 2010, and August 24, 2017, the defendant wrote and issued approximately 162 checks payable to J.P. Morgan Chase Bank from FLC's Five Star Bank account as payments on Chase Bank credit card accounts belonging to the defendant and her husband. In order to conceal some of the fraudulent and unauthorized checks, Owens failed accurately to record the checks in FLC's QuickBooks accounting record; instead, she falsely recorded the checks as payment for legitimate business expenses.

Owens wrote checks totaling more than $750,000.

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.

Sentencing is scheduled for September 9, 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 Juwan Baldwin, 27, of Rochester, NY, who was convicted of one count of Hobbs Act Robbery, was sentenced to serve 36 months in prison by U.S. District Judge Elizabeth A. Wolford for his role in the December 28, 2018, robbery of a local McDonald’s restaurant.

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that in the early morning hours of December 28, 2018, the defendant drove co-defendants Malik Lott and Lavon Wims to the McDonald’s restaurant at 1701 East Avenue in Rochester, knowing that Lott and Wims were going to rob the restaurant. Baldwin stayed in the car while Lott and Wims entered the restaurant where Wims held a knife to the throat of a McDonald’s employee. Wims then dragged the employee to the cash register and then to the safe, demanding money. At the same time, Lott displayed what appeared to be a handgun to another McDonald’s employee. Wims and Lott left McDonald’s with the stolen cash and were picked up by Baldwin, who drove them home. 
Lavon Wims and Malik Lott were previously convicted and sentenced.

The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Violent Crimes Task Force, under the direction of Acting Special Agent-in-Charge Robert Guyton; the New York State Police, under the direction of Major Eric Laughton; and the Rochester Police Department, under the direction of Chief La’Ron Singletary.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Darnell Curry, 27, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder to assaulting, resisting, or impeding a federal officer. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

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

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

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

Sentencing is scheduled for September 16, 2020, before Judge Schroeder.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Andrew Lynch, a/k/a Gregory O’Neil, 30, of Crystal River, Florida, with production and receipt of child pornography, enticement of a minor, and cyberstalking. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and a fine of $250,000.

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendant used Facebook to engage in sexual conversations and obtain sexually explicit images from Victim 1 who was under the age of 18. Lynch then engaged in sextortion, using those conversations and images to coerce Victim 1 into sending additional explicit pictures, videos, and engage in sexual video chats.

The defendant began communicating with Victim 1, who was 13 years old, on Facebook in late April 2018. After initially refusing to send Lynch nude photos, Victim 1 eventually sent both photos and videos because the defendant threatened to send messages to her family and friends. Lynch continued to coerce Victim 1 into sending photos and videos through the use of threats for approximately three weeks.

The defendant is being detained in Florida and will be returned to the Western District of New York at a later date for arraignment.

The indictment 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.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert E. Tillard, 35, of Rochester, NY, who was convicted of being a felon in possession of a firearm, and to possessing marijuana with intent to distribute it, was sentenced to serve 66 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on February 25, 2017, Rochester Police officers, having observed a traffic violation, stopped the defendant on Flint Street. Upon stopping, Tillard exited the car and ran. As Tillard ran from the police, he threw a 9mm handgun to the ground. Upon apprehending Tillard, the officers also discovered approximately 56 small plastic baggies of marijuana in his pocket.

In 2008, Tillard was convicted of a drug charge in Monroe County Court. As a result, he is legally prohibited from possessing a firearm.

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pablo Vargas-Arriga, 41, a citizen of Mexico, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to re-entry of a previously removed alien and was sentenced to serve 20 months in prison. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on June 16, 2019, Brockport Police Officers encountered the defendant while responding to a domestic call. U.S. Border Patrol Agents were then called to the residence. Vargas-Arriaga stated he was a citizen of Mexico and did not have documents that would allow him to be or remain in the United States legally. The defendant was subsequently charged by the Brockport Police Department with various offenses related to the domestic incident. In November 2019, further investigation determined that Vargas-Arriaga has no valid immigration status, has five previous criminal convictions, and was removed from the United States on five previous occasions.

The plea and sentencing are the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan, and the Brockport Police Department, under the direction of Chief Mark Cuzzupoli. 

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Kemp, 21, of Wellsville, NY, was arrested and charged by criminal complaint with interstate communication threatening to injure a person. The charge carries a maximum penalty of five years in prison and a fine of up to $250,000.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, in November 2018, an individual (Victim) told the New York State Police that the defendant had previously physically assaulted the Victim on many different occasions. On one occasion, Kemp allegedly choked and threatened the Victim with a pocket knife if the Victim didn’t shut up.  The victim stated that Kemp asked “if I wanted him to kill me.”  The victim also stated that Kemp began sending threatening text messages on the morning of November 5, 2018. One message stated: “I WILL ACTUALLY KILL YOU.”

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

The complaint is the result of an investigation by the New York State Police, under the direction of Major James Hall, and 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.                              

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian Arnold, 49, of Pine City, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to embezzlement of union funds. The charge carries a maximum penalty of five years in prison and a $10,000 fine.

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

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

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

Sentencing is scheduled for September 10, 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 Michael J. Truesdail, 39, of Montour Falls, 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, and a $250,000 fine.

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

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

Sentencing is scheduled for September 10, 2020, before Judge Geraci.

# # # #

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Arshdeep Singh, 21, a citizen of India, was arrested and charged by criminal complaint with possessing with intent to distribute and importation of marijuana. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, in the early morning hours of June 5, 2020, a commercial truck carrying coffee makers and bearing Prince Edward Island, Canada license plates, attempted to enter the United States at the Peace Bridge Port of Entry. The commercial truck was referred to the Vehicle and Cargo Inspection System for a non-intrusive x-ray exam, which showed inconsistencies between the cargo in the nose of the trailer and that of the rest of the load. Officers also observed that the trailer did not have a commercial seal securing the back doors. As a result, it was referred to the Peace Bridge warehouse loading dock for a physical exam. During the initial physical exam, officers offloaded the properly identified coffee makers. They also located four skids containing seven crates that differed from the rest of the load. Inspection of the crates revealed coffee grounds. Secreted under the coffee grounds were vacuum sealed bags containing a green leafy substance. Approximately 1,608 vacuum sealed bundles of suspected marijuana, weighing nearly 1,800 lbs., were removed from the original shipment containers, with an approximate value of $2,500,000.

“Recent events have created unique challenges for our Office and our partners in law enforcement as we work together to keep our communities and our Nation safe and secure,” stated U.S. Attorney Kennedy. “While the COVID-19 response may have slowed commerce across our Nation’s borders, this arrest proves not only that criminals persist in their efforts to break the law but that law enforcement remains vigilant in its effort to uphold it.”

“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 HSI, our officers are committed to intercepting these illicit drugs from being smuggled in.”

“It is unfortunate that during a global health crisis, criminals are trying to exploit a tense situation for their own benefit,” said CBP Buffalo Field Office Director Rose Brophy. “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.”

Singh made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.

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.                               

# # # #

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Glenn K. Smith, 52, of Webster, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between November 25, 2019, and January 30, 2020, the defendant was in possession of 157 images and seven videos of child pornography on a cellular telephone. Smith was also in possession of 45 images and five videos containing child pornography on a tablet. Some of the images included prepubescent minors or minors under 12 years-old. The defendant also shared some of these images on a peer-to-peer network.

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

Sentencing is scheduled for September 1, 2020, at 11:00 a.m. before Judge Geraci.

# # # #                                   

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

BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Jake Seright, 40, of Niagara Falls, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possessing with intent to distribute 40 grams or more of fentanyl. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life in prison, and a fine of $8,000,000.

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between October 2018 and June 2019, the defendant sold fentanyl and cocaine to an individual working with the Drug Enforcement Administration on five separate occasions. On July 19, 2019, investigators obtained a federal search warrant for Seright’s apartment on Zito Drive in Niagara Falls. In anticipation of executing that warrant, investigators conducted surveillance in the vicinity during the afternoon and evening hours of August 5, 2019. At approximately 11:20 p.m., a stop was conducted of the defendant’s vehicle. A quantity of marijuana was recovered from Seright, who was arrested at that time. The defendant was also in possession of approximately $500 in cash and $625 worth of money orders. On August 6, 2019, a search warrant was executed at Seright’s apartment. Investigators recovered a digital scale, suspected cocaine and fentanyl, cutting agents, a kilogram press, and a vacuum sealer with bags.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in Charge Ray Donovan, New York Field Division, and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.

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

# # # #                             

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Salvatore Lippa II, 57, of Greece, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to two counts of threatening a United States official. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.

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

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

“Free speech protection under the First Amendment ends where true threats begin,” stated U.S. Attorney Kennedy. “This Office will not hesitate to prosecute those who make such threats.”

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

Sentencing is scheduled for September 1, 2020, at 10 a.m. before Judge Geraci.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Maurice Rice, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute 400 grams or more of fentanyl, was sentenced to serve 19 years in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, who handled the case, stated that the defendants were members 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 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. Defendant Rice participated in the following acts:

In 2013 and 2014, Rice and others recorded several music videos in and around the Towne Gardens during which they displayed firearms and United States currency, and exhibited their association with the enterprise. 

On August 21, 2015, the defendant was in a vehicle on Dodge Street in Buffalo with co-conspirators and shot at a rival gang member (Victim 1), attempting to kill him, in retaliation for the shooting of a co-conspirator.  On August 30, 2015, Rice was in a vehicle at Genesee and Crossman Streets in Buffalo with co-conspirators and shot at another rival gang member (Victim 2), attempting to kill him in retaliation for the shooting of a co-conspirator.  On September 21, 2015, on East Ferry Street in Buffalo, the defendant was in a vehicle with co-conspirators. He exited the vehicle and fired a gun numerous times at a third rival gang member (Victim 3), attempting to kill him. As Victim 3 sought refuge in a store, Rice opened the door and began to shoot inside of the store. He then re-entered the vehicle, which drove away. Victim 3 was struck in the arm and suffered injuries. 

On July 29, 2016, Rice was stopped by Buffalo Police while driving a vehicle at Peckham and Watson Streets. While being questioned by officers, the defendant drove away at a high rate of speed with officers in pursuit. Rice crashed his vehicle, got out, and threw away a .40 caliber semi-automatic pistol.

Between 2015 and 2018, the defendant sold crack cocaine and heroin on multiple occasions. On February 1, 2017, investigators executed a search warrant at a building in Buffalo associated with the defendant. They recovered firearms, metal spoons, digital scales, grinders, and kilogram presses inside the apartment. They also recovered various bags containing mixtures of fentanyl, heroin, butyryl fentanyl, furanyl fentanyl, and U-47700.

On February 19, 2018, Rice sold suspected heroin to an individual identified as M.S. who was found unresponsive a day later on February 20, 2018 in her Lackawanna residence. Lackawanna Police responded and found M.S. deceased from an apparent drug overdose. Officers found drug related text messages between M.S. and a number associated with Rice on her cell phone. An autopsy determined that M.S.’s cause of death was butyryl fentanyl intoxication.  On February 25, 2018, Lackawanna officers conducted a controlled purchase of crack cocaine and butyryl fentanyl from the defendant.  As officers attempted to arrest Rice, he fled and eventually crashed his vehicle into a tree in Hamburg, NY. As he fled, the defendant threw a bag of crack cocaine and a bag of butyryl fentanyl on the street. He also broke a phone in half and threw half into the street.

A total of 13 defendants were charged and convicted in this case. Rice is the seventh defendant to be convicted.

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; 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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department under the direction of Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shanna Smith, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to making false declarations before a federal grand jury and obstruction of justice. The charges carry a maximum penalty of 20 years in prison.

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

In February 2020, a federal jury convicted Dalvon Curry, of murder in aid of racketeering for the death of Xavier Wimes. He is awaiting sentencing.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton; 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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

Sentencing is scheduled for October 16, 2020, before Judge Vilardo.

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Last night, after seeing the video of the incident occurring in front of City Hall, I was concerned and immediately contacted both BPD Commissioner Lockwood and FBI Acting SAC Guyton.  The officers involved have been suspended pending further investigation.  On behalf of the entire law enforcement community, I offer our sincere best wishes to the injured gentleman, as we hope and pray for his speedy and complete recovery. 

As a community and as a nation, we must resist the urge to react impetuously.  Rather, as we struggle with the disturbing events depicted on that video, I suggest that we reflect on the words of Dr. Martin Luther King, who said: “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that. Hate multiplies hate, violence multiplies violence, and toughness multiplies toughness in a descending spiral of destruction…. The chain reaction of evil—hate begetting hate, wars producing more wars—must be broken, or we shall be plunged into the dark abyss of annihilation.”

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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 Deyanna Davis, 30, Semaj Pigram, 25, and Walter Stewart, 28, all of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison. 

Assistant U.S. Seth T. Molisani, who is handling that case, stated that according to the indictment, on June 1, 2020, all three defendants were in possession of a semi-automatic 9mm handgun despite previous felony convictions. Davis was previously been convicted in March 2010, in Erie County Court; Pigram was previously convicted in June 2016, in Erie County Court; and Stewart was previously convicted in July 2012, also in Erie County Court. As a result of these convictions, the defendants are legally prohibited from possessing a firearm.

The firearm that the defendants are each charged with unlawfully possessing was discovered inside a vehicle in which the trio were travelling on June 1, 2020. The vehicle was stopped shortly after it is alleged to have struck and injured both a Buffalo Police Officer and a New York State Trooper in the vicinity of Bailey Avenue.

In addition, the federal grand jury has returned a separate indictment charging Courtland Renford, 20, of Buffalo, NY, with arson of a building, Buffalo City Hall, used in interstate commerce, which is punishable by a mandatory minimum penalty of five years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment and a previously filed complaint, on May 30, 2020, during a gathering of protesters in Niagara Square in Buffalo, an individual, later identified as the defendant, was captured on video approaching Buffalo City Hall, carrying a green laundry basket that contained a fire. Renford then threw the burning laundry basket into a window of Buffalo City Hall, causing a fire inside. Buffalo Fire Department personnel extinguished the fire, which destroyed and/or damaged items inside. News cameras captured the defendant throwing his hands up after he had thrown the flaming laundry basket into City Hall. Investigators identified Renford after sending out an alert. He was taken into custody at his Buffalo residence on June 1, 2020.

“This Office will continue to work with federal, state, and local law enforcement to continue to do everything in our power to deliver justice to our community,” states United States Attorney Kennedy. “We will continue to work seamlessly together in order to deliver the strongest and clearest message possible to those who might be considering engaging in or inciting violence and mayhem in our community that such acts will not be tolerated.”

The indictments 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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the New York State Police, under the direction of Major James Hall, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr., announced today that Michael McDonald, a/k/a George Jackson, a/k/a Rabbit, 41, of Buffalo, NY, was arrested and charged by criminal complaint with sex trafficking. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of life. 

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

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

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Assistant Director Marlin Ritzman, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that five additional municipalities have been awarded grants under the Coronavirus Emergency Supplemental Funding Program through the Department of Justice. The grants awarded include:

• City of Rochester                 $474,295
• Erie County                          $58,008
• Chautauqua County              $58,008
• Town of Cheektowaga          $47,720
• Town of Greece                    $45,671

“As we emerge from the coronavirus response,” noted U.S. Attorney Kennedy, “these funds will help to ensure that our first responders have the ability to continue to do exactly what they have done throughout the pandemic—keep our communities safe.”

Niagara and Monroe Counties and the cities of Niagara Falls and Jamestown previously received funding awards from the Bureau of Justice Assistance.

Projects or initiatives which may be funded with the monies include:

• Overtime costs
• Equipment and supplies (including PPE for law enforcement and medical personnel); • Hiring; • Training; • Travel expenses, particularly related to the distribution of resources to the most impacted areas; and
• Addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.

A total of $1,700,000 in grant funding is available to cities, towns, and counties in the WDNY.

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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 that Carlos Garcia Rivero, 45, of Mt. Morris, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and 500 grams or more of cocaine, was sentenced to serve 108 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that the defendant was the leader of a cocaine trafficking organization based in Mt. Morris. Rivero was arrested by the FBI on February 20, 2019, as he arrived at JFK International Airport on a flight from Colombia.

Rivero would obtain bulk quantities of powder cocaine to be distributed, at his direction, by a number of street level drug dealers as either powder or crack cocaine. The defendant supplied those dealers with pre-packaged quantities of cocaine and crack cocaine, which would then be sold to individual drug users. Investigators located nearly 500 grams of powder cocaine hidden in the basement of Rivero’s residence o Chapel Street in Mt. Morris. Over $15,000 in cash was located at another premises utilized by Rivero’s organization for its drug dealing activities.

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; the Livingston County Sheriff’s Office and the Livingston County Drug Task Force, under the direction of Sheriff Thomas Dougherty; and the Livingston County District Attorney’s Office, under the direction of District Attorney Gregory J. McCaffrey.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Theodore Loria, 53, of Irondequoit, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to cyberstalking. The charge carries a maximum penalty of five years in prison and $250,000 fine. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between June 2017 and August 2019, the defendant stalked an individual (Victim) causing substantial emotional distress.
In 2017, Loria sent the Victim threatening text messages via cellular telephone.  The defendant also sent a series of text messages, pretending to be a member of a local police department, stating that the Victim was an “enemy” of law enforcement and that he knew where all of Victim’s family members lived. Loria texted the Victim the correct addresses of family members. 

In December 2018, the defendant texted the Victim anonymously stating he knew where the Victim lived and everything about the Victim’s minor child, even providing details about the child’s school location, appearance, and the location of the child’s bedroom in the home.

In February 2019, Loria conducted physical surveillance of the Victim by driving by the Victim’s residence and business multiple times. In August 2019, the Victim observed the defendant following the Victim in his vehicle.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Assistant Director Marlin Ritzman, and the Rochester Police Department, under the direction of Chief La’Ron Singletary. 

Sentencing is scheduled for August 12, 2020, at 2:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Paul E. Lubienecki, 62, of Hamburg, NY, with stalking. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and a previously filed complaint, between August, 20, 2019, and February 4, 2020, the defendant stalked a member of the Buffalo, NY media. On February 4, 2020, the Victim received a voicemail that contained a death threat. The Victim had been reporting on the Catholic Diocese of Buffalo clergy sex abuse scandal for the past two years, and on that day, the Victim reported that Christ the King Seminary was being closed by the Diocese.

As alleged in a complaint that was previously filed, during the call, defendant criticized the Victim's professionalism before stating, “...I know where you live in [town]. I'm going to find you. I'm going to kill you.” The Victim received other harassing voicemails from a number associated with the defendant during August, November, and December of 2019. All told, 11 harassing phone calls were made from the defendant’s phone to the Victim.”

“This indictment should serve as yet another reminder to the public,” stated U.S. Attorney Kennedy, “that while the First Amendment guarantees every person’s right to free speech, the Amendment does not protect criminal conduct.” 

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Assistant Director Marlin Ritzman.

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 Kevin E. McKinney, a/k/a K-Born, 42, of Elmira, NY, pleaded guilty before U.S. District Judge David G. Larimer to conspiring to possess with intent to distribute, and distributing, 50 grams of methamphetamine. The charge carries a minimum sentence of 10 years in prison, a maximum of life, and a fine of up to $10,000,000.

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

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

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

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

Sentencing is scheduled for September 14, 2020, at 2:00 p.m. before Judge Larimer. 

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

BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. announced today that the Niagara Falls Police Department has been awarded $2,313,738 through the Justice Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The funding will be used to hire eight additional police officers. In addition, Chemung County will receive $125,000 in COPS funding.

“This is a critical time for the Niagara Falls Police Department,” stated U.S. Attorney Kennedy. “Shootings involving injury jumped 48%, and the number of victims jumped 70%, from 2018 to 2019, and at the same time, the department is understaffed. This grant will allow Niagara Falls to add an additional eight officers to the force to fight violent crime, and without question, these resources will assist Superintendent Licata in his continuing effort to make the streets of Niagara Falls safer for its citizens.”

“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support.  The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said Attorney General William P. Barr.  “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”

The Attorney General announced $400,000,000 in funding awards to 596 law enforcement agencies across the nation, which allows those agencies to hire 2,732 additional full-time law enforcement professionals. 

The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers.  In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics.  In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities.  Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.

CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area.  43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention.  The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions. 

To learn more about CHP, please visit https://cops.usdoj.gov/chp.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Courtland Renford, 20, of Buffalo, NY, was arrested and charged by criminal complaint with maliciously damaging or destroying, or attempting to damage or destroy, by means of a fire or an explosive, Buffalo City Hall, a building used in or affecting interstate commerce. The charge carries a mandatory minimum penalty of five years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on May 30, 2020, during a gathering of protesters in Niagara Square in Buffalo, an individual, later identified as the defendant, was captured on video approaching Buffalo City Hall, carrying a green laundry basket that contained a fire. Renford then threw the burning laundry basket into a window of Buffalo City Hall, causing a fire inside. Buffalo Fire Department personnel extinguished the fire, which destroyed and/or damaged items inside. News cameras captured the defendant throwing his hands up after he had thrown the flaming laundry basket into City Hall.

Investigators sent out an alert with Renford’s picture in an attempt to identify him. After learning his identity, Buffalo Police Officers went to the defendant’s residence where they met two females who gave consent to search the residence. Inside, Officers found Renford hiding behind clothes on the second floor. The defendant was taken into custody. Officers also recovered the distinctive Chanel face mask Renford was wearing at the time of the alleged arson.

“Having been charged by both federal and state authorities, the defendant—who, in the event of conviction, is facing a potential prison term equivalent to his age—should now have a pretty good sense of what not only the federal, state, and local law enforcement but an overwhelming majority of the community think of his conduct,” stated U.S. Attorney Kennedy. “While we will use the full authority of the government to protect peaceful and lawful protesters, we will use that same authority to seek out, apprehend, and bring to justice those engaged in lawlessness and criminality.”

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, 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.

Attorney General William P. Barr has directed federal law enforcement actions aimed at apprehending and charging the violent criminal agitators who have taken over peaceful protests and are engaging in violations of federal law. Read the Attorney General’s statement here: https://www.justice.gov/opa/pr/attorney-general-william-p-barrs-statement-riots-and-domestic-terrorism.

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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 superseding indictment charging Gregory Hay, a/k/a Gunner, a/k/a Franklin Gambino, a/k/a Reggie, and Alphonso Payne, a/k/a Ajay, with conspiracy to murder a federal informant; murdering a federal informant; conspiring to possess with intent to distribute and to distribute cocaine; possessing with intent to distribute and distributing cocaine; conspiring to retaliate against a federal informant; retaliating against a federal informant; discharge of a firearm in furtherance of crimes of violence and a drug trafficking crime; and discharge of a firearm causing death in furtherance of crimes of violence and a drug trafficking crime. In addition, defendant Hay is charged with possession of firearms and ammunition by a felon; possession of a short-barreled rifle; and possession of firearms in furtherance of drug trafficking.

Assistant U.S. Attorneys Timothy C. Lynch and Jeremiah E. Lenihan, who are handling the case, stated that according to the superseding indictment, between approximately 2016 and August 20, 2019, the defendants conspired with others to sell cocaine, crack cocaine, and heroin. The indictment also alleges that in the early evening of July 1, 2019, Hay and Payne murdered Joshua Jalovick by shooting him to death in the backyard of a residence on Freund Street in Buffalo, to prevent him from testifying about their alleged drug trafficking crimes and Hay’s firearm crimes.

“The Department of Justice has a capital case review process which culminates in a decision by the Attorney General regarding whether to seek, or not to seek, the death penalty against an individual defendant,” stated United States Attorney Kennedy.  “That process is underway in this case.”

In addition to defendants Hay and Payne, defendants Daeshawn Stevenson, Raejah Blackwell, and Roland Eady were also named in the superseding indictment for their roles in obstructing a grand jury’s investigation into Joshua Jalovick’s murder. For those crimes, defendants Stevenson, Blackwell, and Eady each face a maximum penalty of 20 years in prison.

Daeshawn Stevenson is charged with obstruction of justice and making false declarations before grand jury. Stevenson is accused of lying to the grand jury about whether defendants Hay and Payne were in the backyard of 87 Freund when Joshua Jalovick was murdered, and whether Hay shot Jalovick. Raejah Blackwell is also charged with obstruction of justice and making false declarations before grand jury. She is accused of lying to the grand jury about whether she was present in the backyard of 87 Freund Street when Joshua Jalovick was shot and killed, and whether co-defendant Roland Eady was also present. Defendant Eady is also charged with obstruction of justice for lying to the grand jury about the identity of individuals present in the backyard of 87 Freund when Joshua Jalovick was murdered.

Defendant Payne was arraigned today before U.S. Magistrate Judge Michael J. Roemer and was detained. Defendant Hay will be arraigned on June 5, 2020, at 9:30 a.m., also before Judge Roemer.

The superseding indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. Additional assistance was provided by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the U.S. Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.

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

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

ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Jefery Steadman-Loyd, 25, of Rochester, was arrested and charged by criminal complaint with Hobbs Act robbery and possession and brandishing of a firearm in furtherance of, and carrying and brandishing a firearm during and in relation to, a crime of violence. The Hobbs Act charges carry a maximum penalty of 20 years in prison and the firearms charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, the defendant is facing charges for his role in two home invasions in the City of Rochester:

• Late in the evening of March 25, 2020, Rochester Police Officers were dispatched to a residence on Avenue E in Rochester, for the report a home invasion robbery. When officers arrived, the victim indicated that two males forced their way into her residence with handguns and robbed her. The victim stated she was tied up with a bed sheet and the suspects kept asking her where the drugs and money were.
• Just a few hours later, in the early morning hours of March 26, 2020, Rochester Police Officers were dispatched to a residence on Wellington Avenue in Rochester. One of the residents stated that three suspects began asking where the money and drugs were. One of the suspects held a knife to a female victim while the other pointed a gun at a male victim. The suspects eventually left the residence with a Gucci purse, which contained credit/debit cards and two Louis Vuitton wallets, a Sony PlayStation 4, two cell phones, a key fob for a Lexus parked in the driveway, and approximately $2,000.00 in cash.

Also charged in this case are co-defendants Robert Forbes, Jr. and Eric Lowe.

The 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; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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 Jonathan Cruz-Carmona, a/k/a Tapon, a/k/a Eneno, 29, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to murder with a firearm in furtherance of drug trafficking crime. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

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

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

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

The 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; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greece Police Department, under the direction of Chief Patrick Phelan; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.

Sentencing is scheduled for September 8, 2020, at 10:00 a.m. before Judge Geraci.   

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