Western District of New York

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Verquan Jackson, 32, of Niagara Falls, NY, was arrested and charged by criminal complaint with possessing with intent to distribute MDMA, a/k/a Ecstasy, possession of a firearm in furtherance of a drug trafficking crime, and maintaining a premises for drug use and distribution. The charges carry a maximum penalty of 25 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that according to the 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 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 criminal complaint 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dennis Morgan, 59, of Rochester, NY, who was convicted of bank fraud, was sentenced to serve 30 months in prison by U.S. District Judge Frank P. Geraci, Jr. He was also ordered to pay restitution in the amount of $11,127.00.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Morgan, who has an extensive criminal history of fraud and other property offenses, stole checks from mailboxes throughout the greater Rochester area, washed and altered the payees on the checks, and arranged for others to cash the checks at area banks. The defendant split the proceeds of the stolen and forged checks with the individuals cashing the checks. In total, Morgan altered $19,127.00 of stolen checks and succeeded in cashing $11,127.00 of them.

The sentencing is the result of an investigation by the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Gary Todd Baker, 51, of Amherst, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a minimum penalty of 10 years, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, the defendant was convicted in Erie County Court of possession of a sexual performance by a child under the age of 16 on March 4, 2020.  Baker was designated a level-2 sex offender, and sentenced to 10 years probation. 

On March 12, 2020, eight days into his probation term, Erie County Probation Officers conducting a routine check discovered that the defendant possessed an internet-capable cellular device, as well as empty boxes of printer ink and paper. After questioning Baker, Probation Officers located a bag containing numerous torn-up printed images. Members of the FBI’s Child Exploitation Task Force reassembled several of the images and confirmed that they depicted child pornography.  

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

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, the Erie County Probation Department, under the direction of Commissioner Brian McLaughlin, and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

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 Joseph Thompson, 39, and his brother, Jonathan Thompson, 41, both of the Akwesasne Mohawk Indian Reservation, pleaded guilty before U.S. District Judge Charles J. Siragusa, to wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that the defendants worked with others to acquire “cut rag tobacco” which would be used to manufacture contraband cigarettes. Monies to purchase the cut rag tobacco were wired from Rochester, NY to CanStar International Inc., a tobacco broker, in the state of Florida. Once purchased, the cut rag tobacco was delivered to buildings and warehouses controlled by the defendants in Awkwasasne, NY. The defendants then used the cut rag tobacco to manufacture unlicensed cigarettes and distribute the cigarettes to various Indian Reservations in the United States.

Between June 2016 and December 2018, the defendants ordered approximately 72,500 pounds of cut rag tobacco from CanStar, which was used to manufacture approximately 27,923,077 unlicensed cigarettes. This resulted in a loss to the United States of approximately $1,405,368.46 in federal taxes.  

The pleas are the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; Homeland Security Investigations - Border Enforcement Security Team, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher; the Alcohol and Tobacco Tax and Trade Bureau – Office of Field Operations, under the direction of Assistant Administrator Nicholas Colucci; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

Sentencing is scheduled for August 27, 2020, 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 Henry Williams, 54, of Rochester, NY, was arrested and charged by criminal complaint with wire fraud, bank fraud, and aggravated identity theft. The charges carry a minimum penalty of two years in prison, a maximum penalty of 30 years in prison, and a $1,000,000 fine.
 
Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant is currently on supervised release following a 2016 conviction for bank fraud in the Western District of New York. According to the complaint, Williams engaged in a new scheme to defraud his employer and others. The defendant worked at the front desk of a Holiday Inn Hotel, and while so employed used the hotel’s Point of Sale machine fraudulently  to load and attempt to load hundreds of thousands of dollars onto credit/debit cards that he controlled. Williams impersonated various hotel managers while making phone calls to the hotel’s card payment processor in furtherance of his scheme. The defendant also attempted to cover his tracks and conceal his involvement in the fraud by impersonating a hotel employee and making false complaints of criminal activity by another hotel employee. 
 
In total, Williams attempted to defraud the hotel and hotel’s banks out of approximately $850,000. The defendant also made fraudulent and unauthorized charges in the approximate amount of $780 by using information regarding a customer’s credit/debit card that he had stolen from the hotel.
 
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being detained.
 
The criminal complaint is the result of an investigation by Special Agents of the Federal Bureau of Investigation, acting under the direction of Special Agent-in-Charge Gary Loeffert, and U.S. Probation Officers, acting under the direction of Chief Probation Officer Anthony SanGiacomo.
 
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 Rejjie Ni, 24, of Shanghai, China, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of a machine gun. The charge carries carry a maximum penalty of 10 years in prison, and a $250.000 fine. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on March 18, 2019, the Amherst Police Department responded to the defendant’s apartment following a report that there were a large number of firearms inside the residence. During the execution of a search warrant, officers recovered 33 rifles, two shotguns, and numerous rounds of ammunition, including armor piercing bullets.

One of the rifles recovered was a semi-automatic rifle under Ni’s bed. Subsequent investigation and expert analysis determined that the defendant had converted the semi-automatic rifle into a fully automatic machinegun.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Amherst Police Department, under the direction of Chief John Askey, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shameris Washington, a/k/a GB, and Larry Watkins III, who were convicted of racketeering conspiracy and possession with intent to distribute crack cocaine, were sentenced to serve 135 months and 54 months in prison respectively by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Paul C. Parisi, who is handling 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.

On two dates in 2015, defendant Washington was in a vehicle that shot at rival gang members, attempting to kill them. Also in 2015, Washington made at least ten sales of crack cocaine and 20 heroin sales. Thereafter, on January 1, 2017, during a New Year’s Party in an apartment at the Towne Gardens, Washington and others punched and kicked an individual and trapped him in an apartment. 

In January 2014, defendant Watkins was observed by Buffalo Police Officers throwing a firearm over the fence of a house on Stanton Street. Officers recovered a loaded 38 special revolver and ammunition. On two occasions during the course of the investigation, investigators recovered bags of cocaine and marijuana at residences frequented by Watkins, and in April 2018, Buffalo Police Officers stopped the defendant’s vehicle and located a bag of crack cocaine and a bag of marijuana.

The sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Casado, 32, of Rochester, NY, pleaded guilty to conspiring to possess with intent to distribute, and distributing, quantities of fentanyl, heroin, cocaine, and crack cocaine, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

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

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

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for August 25, 2020, at 2:00 p.m. before Judge Geraci.

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Matzen, 39, of Troy, NY, who was convicted of escaping from federal custody and to two counts of bank robbery, was sentenced to serve 65 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.  In addition, the defendant was also ordered to pay restitution totaling $3,604.

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that Matzen was previously sentenced to a 57 month prison term in the Northern District of New York for two separate bank robberies.  On July 26, 2019, Matzen was designated by the Bureau of Prisons to serve the last several months of that sentence at the Residential Reentry Center in Rochester, New York. On August 30, 2019, Matzen was given permission temporarily to leave the facility until 8:00 p.m. that evening.  However, Matzen absconded and did not return to the Residential Reentry Center to complete service of his sentence. 

On September 3, 2019, four days after absconding, Matzen robbed the Canandaigua National Bank at 210 Alexander Street, Rochester, New York.  Matzen entered the bank wearing a hoodie, dark sunglasses, and a bandana that covered most of his face, and handed a teller a note that demanded money.  The teller complied, handed Matzen $2,000 in U.S. Currency, and Matzen fled the bank.

On September 19, 2019, Matzen robbed the Key Bank at 1185 University Avenue, Rochester, New York.  Matzen entered the bank and handed a teller a note that stated “Give me all big bills, 50-100’s, no GPS or dye pack, top & bottom drawers, all will be OK for you all.”  The teller complied and handed Matzen $1,604 in U.S. Currency.  Matzen attempted to flee the bank, but was tackled and detained by two bank customers who held Matzen down until police officers arrived.

The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Rochester Area Major Crimes Task Force, under the direction of Special Agent in Charge Gary Loeffert, the Rochester Police Department, under the direction of Chief La’Ron D. Singletary, and the United States Marshals Service for the Western District of New York, under the direction of United States Marshal Charles Salina.

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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 Joshua Figueras, 35, of Niagara Falls, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute, and distributing, 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $8,000,000.
 
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between February 2018 and February 2019, the defendant conspired with others to sell crack cocaine in the Niagara Falls area. During the course of the conspiracy, Figueras provided a co-conspirator with cocaine and crack cocaine and engaged in drug trafficking to generate income.
 
In February of 2019, Figueras was on federal supervised release and under the supervision of the United States Probation Office. On February 4, 2019, United States Probation conducting surveillance on a premise defendant controlled on 25th Street in the City of Niagara Falls. A short time later, probation officers observed the defendant checking the mail outside the residence. When they approached Figueras, he immediately ran inside the residence and refused to answer the door. All the residence’s windows were boarded and investigators were unable to see inside the residence.
 
A few hours later, investigators conducted a search of the residence and recovered a white powdery substance around the toilet seat; several plastic baggies containing white residue; packaging materials; a digital scale; several cell phones; and $4,109 in US currency. Mail in the name of Joshua Figueras was also found inside the residence. No one appeared to be living in the residence and defendant was using it as a stash house. Investigators believe the residue around the toilet seat was indicative of the defendant flushing contraband. Testing determined that the substance was cocaine.
 
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
 
Sentencing is scheduled for August 26, 2020, at 1:00 p.m. before Judge Skretny.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kristy Brucz, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to obtaining a controlled substance by fraud. The charge carries a maximum penalty of four years in prison and a fine of $250,000.

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

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

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

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.

Sentencing is scheduled for August 19, 2020, at 1:00 p.m. before Judge Wolford.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Maylin Santiago, 23, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that beginning in November 2017 and continuing until April 2018, the defendant conspired with others to possess with the intent to distribute over 500 grams of cocaine. In January 2018, the Drug Enforcement Administration conducted a controlled purchase of cocaine from Santiago.

On at least two occasions in March 2018, the defendant conspired with others to obtain, or attempted to obtain, postal packages from Puerto Rico that contained kilograms of cocaine. Investigators seized over four kilograms of cocaine sent from Puerto Rico to be distributed in the Buffalo area.

Santiago was charged along with co-defendant Rosa Merced who was previously convicted and awaiting sentencing on June 3, 2020.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the New York State Police, under the direction of Major James Hall; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing is scheduled for August 26, 2020, at 9:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, NY, who was convicted of enticing a minor to travel to engage in criminal sexual activity, was sentenced to serve 84 months in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.
 
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on November 25, 2018, the defendant, then a 22 year old man, had sexual relations with Victim 1, a 14 year old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.
 
Following his arrest, the defendant persuaded Victim 1 to travel with him out of state to continue their relationship. On November 29, 2018, Torres-Acevedo picked up Victim 1 from school in Genesee County, NY, and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.
 
The sentencing is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Polak, 48, of Elma, New York, who was convicted of knowingly causing a licensed firearms dealer to fail to make an appropriate entry in required firearms transfer records, was sentenced to serve one year probation by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in 2017, the defendant won two rifles in a charity raffle. On January 11, 2018, a six month restraining order was issued against Polak in Buffalo Family Court. Later, on the same day the restraining order was issued, the defendant went to The Gun Locker LLC to fill out paperwork related to him taking possession of the two rifles he previously won. When completing an ATF Firearms Transaction Record form 4473, Polak was asked “Are you subject to a court order restraining you from harassing, stalking, or threatening your child or intimate partner or child of such partner?” The defendant inaccurately marked “NO” on the form, and then dated and signed the form, which includes a warning that it is a federal crime to answer “NO” if the buyer is subject to a restraining order.

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

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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 Cesar Martinez, Jr., 30, and Milton Miranda, Jr., 30, both of Rochester, NY, were arrested and charged by criminal complaint with conspiring to possess with intent to distribute, and possessing with intent to distribute, 500 grams or more of cocaine. The charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that according to the complaint, on May 12, 2020, postal inspectors intercepted a suspicious package mailed from Puerto Rico to a Rochester address. After obtaining a warrant to search the parcel, investigators discovered 1,055 grams of cocaine secreted in the package. On May 14, 2020, Martinez and Miranda arrived at the Lexington Station Post Office to pick up the package. Postal employees gave the package to Miranda, and as Miranda and Martinez were exiting the post office, they were arrested by police.

The defendants made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and were detained.

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Rochester Police Department, under the direction of Chief La’Ron Singletary.

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

This week marks National Police Week, a time to honor the call to duty and those who so selflessly answer that call in more than 18,000 law enforcement agencies nationwide. It is also a time to pay tribute to the 89 officers who lost their lives in 2019 in the line of duty.

On any given day, officers, deputies, and agents face the worst-of-the-worst in our society. Drug dealers filling our streets with deadly poisons, violent gang members holding neighborhoods hostage, predators stealing the innocence of our youth, and human traffickers dehumanizing vulnerable females and robbing them of their dignity. Each day, members of law enforcement deal in danger and risk their lives to safeguard and protect our community.  However, this year, the risks faced by law enforcement are even greater, as they have remained vigilant in their effort to protect us from criminals while also battling the new and invisible enemy. Sadly, as of May 7, 2020, 92 law enforcement officers have died from COVID-19 nationwide, including 29 officers right here in New York State. “Greater love hath no man than this, that a man lay down his life for his friends.”

As U.S. Attorney, I feel fortunate to interact on a daily basis with all levels of law enforcement whose members prove to me, day-in and day-out, that most risk their lives each day with one primary motivation—and that motive is their love and concern for their fellow man. This year, however, COVID-19 represents but one silent threat they face. The other silent threat came from legislation that was quietly enacted as part of the New York State 2020 budget.

Shockingly and sadly, the recently enacted legislation, threatens to hold the brave men and women of law enforcement criminally liable simply for choosing to assist certain other members of law enforcement. Indeed, while our law enforcers were busy risking their lives responding to those engaging in criminal conduct—and the attention of others was directed toward the silent killer—the New York State legislature in April silently passed legislation which criminalizes the sharing of certain information between law enforcers.

Specifically, the newly enacted law makes it a felony for any law enforcer to share New York State DMV information with any fellow law enforcer whose duties include the enforcement of immigration laws. While January’s Green Light Law prohibited the sharing of such information, the April amendment takes the prohibition to a whole new level by making it an E Felony for any law enforcer to do so.

That any elected official would see wisdom in criminalizing an effort by one member of law enforcement to share information with another law enforcer—essentially legislating obstruction of law enforcement—is antithetical to the rule of law and our system of justice. The new law impedes the ability of a number of my federal law enforcement partners— including Homeland Securities Investigation (HSI), Immigration and Customs Enforcement

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Clifford Billins, 41, of Utica, New York, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci, Jr. to conspiring to possess with intent to distribute, and distributing fentanyl, crack cocaine, and heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that between September 2017 and August 2018, the defendant conspired with others to sell fentanyl, crack cocaine, cocaine, and heroin. Billins routinely trafficked bulk quantities of illegal narcotics, which were then redistributed to individual drug users in the Rochester and Utica areas.

The plea is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County District Attorney’s Office, under the direction of the District Attorney Sandra Doorley; and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.

Sentencing is scheduled for August 6, 2020, at 11:00 a.m. before Chief Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lamario Mills, a/k/a Rio, 32, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possessing with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Joshua A. Violanti, who are handling the case, stated that in August 2018, investigators began looking into the drug trafficking activities of the defendant and multiple co-defendants, which were focused in the area of 67 Townsend and 76 Townsend Street in Buffalo. Between August 2018 and June 18, 2019, Mills and his co-defendants sold cocaine and crack cocaine in that area. Investigators conducted a total of 27 controlled purchases of crack cocaine and 12 purchases of cocaine.

Mills was an organizer in the drug trafficking organization, responsible for supplying members on a near-daily basis with crack cocaine, which they in turn sold on behalf of the organization. On June 18, 2019, investigators executed a search warrant at the defendant's Delaware Avenue residence, and seized a quantity of cocaine and marijuana, and utensils used to cook the cocaine into crack cocaine, such a pan, spatula, tongs, and plates. They also seized $35,562.00 in cash.

Mills was arrested in June 2018 along with nine other defendants, he is the second to be convicted.

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; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major James Hall; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; and the Erie County Crime Analysis Center.

Sentencing is scheduled for August 17, 2020, at 12:30 p.m. before U.S. District Judge Richard J. Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Steven Gonzalez, a/k/a Unc, 44, of Buffalo, NY, with distribution of heroin, fentanyl, and acetyl fentanyl causing death; conspiracy to possess with intent to distribute heroin, fentanyl, and acetyl fentanyl; possessing with intent to distribute heroin; and using and maintaining a drug involved premises. The charges carry a mandatory minimum term of imprisonment of 20 years, a maximum penalty of life in prison, and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment, between 2018 and July 2019, the defendant conspired with others to distribute heroin, fentanyl, and acetyl fentanyl, which led to the death of an individual identified as L.K. During the course of the conspiracy, Gonzalez utilized 1252 West Avenue in Buffalo for his drug trafficking activities.

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

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

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Isaiah Lopez, 29, of Rochester, NY, was arrested and charged by criminal complaint with financial institution fraud and aggravated identity theft. The charges carry a minimum penalty of two years in prison, a maximum penalty of 30 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, the defendant fraudulently obtained control of the bank account belonging to a Rochester area victim that contained retirement funds. Lopez posed as the victim, prompting the bank to issue and send a replacement debit card and PIN number to a different address. The defendant then used the fraudulently-obtained card to withdraw approximately $188,000 from the victim’s account in late 2019 and early 2020.

Lopez made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was detained.

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division; the Irondequoit Police Department, acting under the direction of Chief Richard Tantalo, and New York State Police, acting under the direction of Major Eric Laughton.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Jerry Stearns, 48, of Canandaigua, NY, with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, and a maximum penalty of 40 years.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that according to the indictment and a previously filed complaint, the defendant was convicted in May 2004 on state charges of Attempted Criminal Sexual Act 1st Degree, for sexually assaulting a three year-old child and a six year-old child. In May 2005, Stearns was also convicted in Federal Court of possessing child pornography, and sentenced to serve 120 months in prison to be followed by 10 years of supervised release. A special condition of that supervised release required the defendant to provide advanced notification and obtain authorization to use any internet accessible device, as well as submit to monitoring of any such authorized device.

On May 13, 2019, the U.S. Probation Department informed investigators that Stearns had been viewing child pornography on a previously authorized and monitored device. The child pornography included sexually explicit images of prepubescent girls.

The indictment is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo.

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 Nana Dwomah Yeboah, 36, a citizen of the Republic of Ghana, who was convicted of assaulting a federal officer and possession of a controlled substance, was sentenced to serve 41 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on the morning of December 24, 2017, U.S. Customs and Border Protection Officers were conducting a routine patrol of the Greyhound Bus Station on Cumberland Street in Rochester. Officers observed the defendant enter the bus station and place a package on a bench in the lobby area. Yeboah then exited the station, leaving the package unattended.  After several minutes, officers searched the abandoned package to ensure that it did not pose a threat to the public. Inside, officers discovered a quantity of marijuana that appeared to be packaged for sale. 

After several minutes, the defendant returned to the area and was questioned by officers, who quickly determined that he was not a U.S. Citizen. As they attempted to detain and identify Yeboah, he fled the station, leading officers on a short chase. Yeboah was ultimately apprehended, but proceeded to fight with officers for several minutes. One of the officers suffered facial injuries that required treatment at Rochester General Hospital. The defendant was ultimately brought under control with the assistance of civilian bystanders. Subsequent investigation determined that Yeboah was in possession of an additional quantity of marijuana.

The sentencing is the result of an investigation by Customs and Border Protection, Office of Professional Responsibility, under the direction of Special Agent-in-Charge Vance Kuhner; with assistance from the U.S. Border Patrol, under the direction of Chief Eduardo Payan; and the Rochester Police Department, under the direction of Chief La’Ron Singletary.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that the City of Niagara Falls and the City of Jamestown have been awarded grants under the Coronavirus Emergency Supplemental Funding Program. Niagara Falls will receive $142,134, and Jamestown will receive $56,255 from the Bureau of Justice Assistance.

“I am pleased that two additional municipalities in the Western District of New York will be receiving this emergency supplemental funding,” stated U.S. Attorney Kennedy. “Our first responders on the front lines need resources to continue to respond to the coronavirus.”

In April, Niagara County and Monroe County were awarded $58,008 and $52,669 respectively 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.

# # # #

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Wehs, 24, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of child pornography involving a prepubescent minor. 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 members of the FBI’s Child Exploitation Task Force executed a search warrant on September 18, 2019, at the defendant’s residence in Rochester following a cybertip from an online social media company. The tip indicated that an account holder had uploaded an image of child pornography using the company’s messaging application. Investigators ultimately traced the child pornography to Wehs’ Rochester apartment. The defendant’s computer was seized and a preliminary review recovered multiple images and videos of child pornography. 

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

Sentencing is scheduled for August 10, 2020, before Judge Wolford.  

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Logan Nedo, 34, of Irondequoit, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to producing child pornography. At sentencing, the defendant faces a mandatory minimum term of imprisonment of 15 years, a maximum of 30 years, as well as a lifetime term of supervised release, and a $250,000 fine. 

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

During their investigation, Irondequoit investigators discovered that Nedo had produced and saved videos and images of the abuse. As a result, several electronic items were seized from the defendant’s home and person. The items were turned over to the FBI Child Exploitation Task Force for processing, during which the videos and photographs depicting the sexual abuse of the minor victims was discovered. In addition, approximately 2,500 images of unrelated child pornography was recovered. The items were subsequently transported to the Regional Computer Forensics Laboratory for further forensic analysis. 

The plea is the result of an investigation by the Irondequoit Police Department, under the direction of chief Richard Tantalo; the Brighton Police Department, under the direction of Chief David Catholdi; and the Federal Bureau of Investigations Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was provided by the Regional Computer Forensics Laboratory and the Bivona Child Advocacy Center. Nedo is also facing a parallel New York State prosecution by the Monroe County District Attorney’s Office.   
  
Sentencing is scheduled for August 10, 2020, before Judge Wolford.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that 17 defendants were arrested and charged in two criminal complaints 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:

Jancarlos Gonzalez-Rivera, A/K/A/ "Los;"
Jonathan Cruz-Vega, A/K/A/ "Tego;"
Earnest Baker, A/K/A/ "Slay;"
Amante Santiago, A/K/A/ "Cholo;"
Shaumyk Santiago; Natasha Figueroa; Enrique Medina, A/K/A/ "Ricky Rose;"
Alexis Morales, A/K/A/ "A;"
Eliezer Morales; Joshua Bauer, A/K/A/ "White Boy;"
Marilin Deleon, A/K/A/ "Beba;"
Vanesly Lopez; Lateef Budd, A/K/A/ "Lt;"
Marcus Johnson; Philip Flowers; Merilin Deleon; and
Archie Donaldson.

Assistant U.S. Attorney Everardo Rodriguez, who is handling the case, stated that according to the filed complaints, in 2016, the Drug Enforcement Administration, Rochester Police Department, New York State Police, Greece Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives began investigating the illegal narcotics trafficking activities of ring leader JanCarlos Gonzalez-Rivera, who is responsible for the distribution of cocaine, heroin, and fentanyl in the Rochester area. The defendant used numerous workers to transport, store, repackage for distribution, and distribute cocaine and fentanyl to customers and then collect payment for the drug transactions.

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 the defendants. 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.

“I want to commend and thank the literally hundreds of law enforcement officers who in the midst of a pandemic risked their own well-being to protect the public by masterfully executing this massive takedown,” stated U.S. Attorney Kennedy. “Their efforts neutralized an armed and very profitable drug trafficking organization that was peddling poison and misery throughout our community. While much of our community is on pause, our brave men and women in law enforcement have remained very active working tirelessly to protect us from all forms of danger.”

“Time after time, law enforcement’s perseverance to their mission prevails,” said DEA Special Agent-in-Charge Ray Donovan. “This operation decimated a major drug trafficking network whose tentacles reached every neighborhood in the city. I would like to thank our law enforcement partners for their collaboration and commitment as this was truly a joint investigation.” 

The defendants made initial appearances before U.S. Magistrate Judge Mark W. Pedersen.

The complaints are 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.

# # # #

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 Martinez, 27, of Williamson, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to being felon in possession of ammunition, and was sentenced to serve 42 months in prison.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on July 20, 2019, the defendant had an AR-type firearm and ammunition in his backpack at his place of employment, a fast food restaurant in the Town of Williamson.  The defendant told another employee that he had a gun in the backpack. That employee alerted a manager who then called the New York State Police. 

In July 2014, the defendant was convicted in Monroe County Court of Attempted Assault in the First Degree and sentenced to serve seven years in prison. As a result, Martinez is prohibited from legally possessing firearms and ammunition.

The plea and sentencing are the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and the Bureau of Alcohol, Tobacco, Firearms, & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Tina Brown, 45, of Bronx, NY, who was convicted of conspiracy to commit wire fraud affecting a financial institution, was sentenced to six months home detention by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $220,042.17 to the U.S. Department of Housing and Urban Development and Citibank.

Assistant U.S. Attorneys Elizabeth Moellering and Kathleen A. Lynch, who handled the case, stated that between about June 2008 and February 2009, the defendant conspired with others to devise a scheme to commit mortgage fraud and obtain eight loans for unqualified borrowers for homes in the Bronx. As part of the scheme, Brown used a relative to purchase a property located at 4087 Edson Avenue in the Bronx. The defendant falsely verified that the purchaser worked for her own company in order fraudulently to inflate the purchaser’s income so that she would qualify for a mortgage for that property. Brown knew that these false loan documents were submitted to The Funding Source, a mortgage bank, in order to secure a loan insured by the Federal Housing Administration. Based on that false application and supporting documentation, the loan was approved. The Funding Source sold the loan on the secondary market to M &T Bank, which wired funds from New York through the State of Ohio to purchase the loan.

The defendant and her co-conspirators arranged for additional fraudulent loans to be approved. These fraudulent transactions caused losses of approximately $244,000 to M&T Bank, Citibank, and the U.S. Department of Housing and Urban Development.

Four co-defendants were previously convicted and sentenced: Gregory Gibbons, a mortgage broker, was sentenced to time served; Laurence Savedoff, an attorney, was sentenced to serve four months in prison; Julio Rodriguez, an appraiser, was sentenced to serve six months in prison; and Daniel Badu, a borrower, was sentenced to time served. Defendant Alagi Samba has been convicted and is awaiting sentencing.

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

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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 two counties in the Western District of New York have been awarded grants under the Coronavirus Emergency Supplemental Funding Program. Niagara County and Monroe County will receive $58,008 and $52,669 respectively from the Bureau of Justice Assistance.

“This emergency supplemental funding is proof that the federal government is actively supporting the efforts of local government to keep our communities safe,” stated U.S. Attorney Kennedy. “This funding will help first responders by providing additional resources to support a broad range of activities to prevent, prepare for, and respond to the coronavirus.”

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.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Darryl M. Greene, 48, of Buffalo, NY, who was convicted by a federal jury of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, and two counts of attempting to possess with intent to distribute cocaine, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo, Jr.

Assistant U.S. Attorney Misha Coulson, who handled the trial of the case, stated that on July 27, 2017, the United States Postal Inspection Service (USPIS) executed a search warrant on a suspicious package mailed from San Diego, California. The package was addressed to an associate of the defendant. Inside, inspectors discovered one kilogram of cocaine.

On July 28, 2017, USPIS and the Drug Enforcement Administration conducted a controlled delivery of the package. A package of sham cocaine was delivered to the associate’s Kensington Avenue residence. Within five minutes of the package’s delivery, Greene arrived at the residence and departed with the package. He was arrested a short time later and released.

On August 3, 2017, the USPIS executed a search warrant on another suspicious package from San Diego, California, which was addressed to a recipient identified as “W. Greene” at 1631 Hertel Avenue in Buffalo. The defendant resided at that residence. The second package contained a ½ kilogram of cocaine, and the defendant was once again arrested.

The sentencing is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, and 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Oliver Young, 51, of Rochester, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity and production of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, and a maximum of life. In addition, Rebecca Wilson, 30, also of Rochester, NY, was also charged with production of child pornography in a separate complaint. Wilson faces a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.  

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that the according to the complaints filed against Young and Wilson, on April 17, 2020, the New York State Police received information from the National Center for Missing and Exploited Children (NCMEC) that an “Ollie Young” was communicating with a 10-year-old female, Minor Victim (MV1), in Rochester through private messages on Facebook. It appeared that “Ollie Young” was attempting to entice MV1 to produce and send apparent child exploitation images as well as engage in sexual activity. “Ollie Young” was later identified as defendant Young. Subsequent investigation determined that Young and Wilson allegedly had sexual relations with MV1 on multiple occasions.

On April 18, 2020, New York State Police executed a search warrant and seized multiple devices, including two cell phones belonging to Wilson. Investigators located multiple videos depicting child pornography involving a five-year-old boy, Minor Victim 2 (MV2).

The defendants made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and are being detained.

The complaints are the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and 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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Edward Hastings, 50, of Jamestown, New York, was arrested and charged by criminal complaint with failing to register as a sex offender. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, the defendant was convicted in April 1997 in Cattaraugus County Court, NY, of Sodomy in the 2nd Degree. As a result, Hastings is required to register as a sex offender for life, which includes updating his registration to reflect any out-of-state change in address within 10 days.

As of January 4, 2018, the defendant registered an address in Warner Robins, GA, but later that year, and without notifying authorities, he obtained an apartment on Prendergast Avenue in Jamestown. In 2019, he began receiving Supplemental Nutrition Assistance Program (SNAP) benefits and Public Assistance funds through New York State. On March 11, 2020, the United States Marshal Service received information that Hastings fled Georgia and was residing in Jamestown, NY. On March 4, 2020, defendant was evicted from his Jamestown apartment for non-payment of rent.

The complaint is the result of an investigation by the United States Marshal Service, under the direction of Marshal Charles Salina.

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

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”

“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

“One thing that I think many have recognized during the current pandemic is the important role that hope for a better tomorrow plays in our lives and our well-being,” stated U.S. Attorney Kennedy. “Often times, our law enforcers and our criminal justice system provide crime victims with their primary source of hope for a better tomorrow. That responsibility is something that my Office and our investigative partners honor and cherish. Day-in and day-out we do our best to seek justice for crime victims in the belief that our efforts will bring them some measure of hope for a better tomorrow.” (click to see video message from U.S. Attorney Kennedy https://youtu.be/LcqfjTBqjKk)

“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs.  “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”

Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda.  He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.  President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey.  The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory.  Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.  This year, many communities are organizing virtual gatherings and online public awareness campaigns.

This year’s commemoration is being marked the same week as the 25th anniversary of the Oklahoma City bombing. On that fateful day, a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others.  The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart.  “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival.  I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”

This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims.  The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.  Visit www.ovc.gov/gallery to learn more about past recipients.

For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Cooley, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiring to possess with intent to distribute cocaine and crack cocaine. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.

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

Ruger was previously convicted and is awaiting sentencing.

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

Cooley’s sentencing is scheduled for July 22, 2020, at 1:30 p.m. before Judge Wolford. 

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Bella, 47, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent to distribute cocaine; maintaining a drug involved premises; possession of a firearm in furtherance of a drug trafficking crime; and being both a felon and an unlawful user of a controlled substance in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000. 

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the according to the complaint, on April 23, 2020, Special Agents and Officers from Homeland Security Investigations, U.S. Border Patrol, U.S. Customs and Border Protection, and the Buffalo Police Department executed a search warrant at a residence on Summer Street in Buffalo. The defendant was present during the execution of the search warrant.

During the search, a U.S. Border Patrol Agent and K-9 performed a K-9 sniff of the residence. The K-9 alerted to a small locked metal box in the bedroom of the residence. The box contained plastic bag of white powder weighing approximately 63 grams of suspected cocaine, additional plastic bags, and a digital scale. Agents also discovered a shotgun and numerous rounds of ammunition in a wardrobe in the same bedroom where the cocaine was found. In addition, agents recovered THC gummies, lollipops, and other THC edibles; marijuana cigarettes and loose marijuana; THC vape cartridges; suspected Psilocybin mushrooms; an additional bag containing cocaine; a small quantity of MDMA; various pills; and THC resin. The investigation has determined that the defendant has been involved in the distribution of controlled substances for at least four years in the Buffalo area.

In April 2011, Bella was convicted of cocaine possession and destruction of evidence Lake County, Florida. As a result, he is prohibited from possessing a firearm and ammunition.

“This investigation should serve as yet another warning to would be criminals that despite the lockdown, the investigative efforts of law enforcement continue unabated,” stated U.S. Attorney Kennedy. “Our office and the investigative agencies with whom we work are not quarantined, and pandemic or not, we will continue to deliver justice to those who commit crimes.”

“HSI and our law enforcement partners in Western New York are united in our resolve to protect our communities through this public health crisis,” said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo. “HSI will continue working with our law enforcement partners to investigate and, ultimately, dismantle criminal organizations that engage in illegal and illicit activity.”

The complaint is the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher; U.S. Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; and Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

# # # #
 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Carl Anthony, 66, of Niagara Falls, NY, with attempted production, production, and possession of child pornography. The defendant is also charged with contempt of court and conversion of government property. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 19, 2019, Town of Niagara Police received a complaint regarding a now-13 year old female (Minor Victim) who had been surreptitiously video recorded while changing and showering. The defendant was identified as the individual responsible for making the recording. On July 9, 2019, a federal search warrant was executed at Anthony's Niagara Falls residence. A hard drive that was seized during the execution of the search warrant was found to contain two videos, both of which showed the Minor Victim changing and showering in a bathroom.

The defendant is also accused of disobeying release conditions set by U.S. Magistrate Judge Michael J. Roemer on December 2, 2019. After being initially charged in the case, Anthony was ordered to remain in his residence at all times except for activities pre-approved by his Probation and Pretrial Services Officer. The defendant’s travel was also restricted to the Western District of New York. Between April 3 and April 14, 2020, Anthony traveled outside the District. He was taken into custody on April 14, 2020, in San Diego, California.

The defendant made an appearance in Federal Court in San Diego and will be returned to the Western District of New York at a later date.  

The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Town of Niagara Police Department, under the direction of Chief H. James Suitor.

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 a federal grand jury has returned an indictment charging Harry J. Radke, 44, of Mayville, New York, with possessing with intent to distribute five grams or more of methamphetamine. The charge carries a minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine. 

Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that according to the indictment, on January 27, 2020, the Chautauqua County Sheriff’s Office received information that multiple individuals were living in apartments at a residence on South Erie Street in Mayville. After speaking with the owner of the building, deputies learned that, except for one, the apartments were supposed to be empty because the building was in the process of being renovated. Deputies were given permission by the owner to go into the apartment building and clear out the individuals who were not supposed to be in the building.

As deputies were clearing the apartments in the building, they found an unmarked third floor apartment. As they were preparing to make entry, the defendant came out of the apartment and was taken into custody. While clearing the apartment, deputies noticed signs of methamphetamine possession, production, and distribution. As a result, they called the Drug Enforcement Administration for assistance. During a search of the apartment, investigators discovered scales, hypodermic needles, plastic baggies, and a red medical bag. Inside, they found brake fluid bottle with a false bottom. Inside the false bottom was an ounce of methamphetamine. Investigators also found a pair of boots in the apartment with the wallet and the defendant’s identification inside them.  

The defendant is currently detained and scheduled to be arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy on Tuesday April 28, 2020, at 2:00 p.m.

The indictment is the result of a joint investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

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 Billy B. Sanders, 37, of Rochester, New York, pleaded guilty before U.S. District Judge Charles J. Siragusa to being a felon in possession of ammunition, which carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.

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

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

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

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

Sentencing is scheduled for July 21, 2020, at 9:15 a.m. 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 a civil forfeiture complaint has been filed in United States District Court for the Western District of New York seeking to forfeit assets which the government alleges that Devin Tribunella, 36, of Rochester, NY, obtained through fraud.

According to Assistant U.S. Attorney Grace M. Carducci, who is handling the civil case, the complaint seeks the forfeiture of:

• A 2014 Rolls Royce; • A 2014 Mercedes Benz; • A 2008 Lamborghini; • A 2015 Porsche 911; • $148,025 seized from two PayPal accounts; • $7,157.87 seized from Canandaigua National Bank; • A men’s Rolex watch; • A men’s Patek Phillipe diamond encrusted watch; • A 14k 21ct. diamond tennis chain; • A 14k 2ct. diamond tennis bracelet; • A 14k diamond cross; • A 14k 41.5ct. diamond necklace; and
• A gold Cartier bracelet.

On November 19, 2019, Tribunella was charged by criminal complaint with: wire fraud; conspiracy to commit wire fraud; selling and conspiring to sell stolen goods across state lines; engaging in financial transactions involving the proceeds of this unlawful activity; and aggravated identity theft. Tribunella owns and operates Royal Crown Pawn & Jewelry (Royal Crown) located at 3635 Dewey Avenue in Rochester. Royal Crown has one of the highest volumes of purchases and sales of any pawnshop in Monroe County.

The complaint against Tribunella states that individuals struggling with opiate addiction had been stealing merchandise from Rochester area retail stores, including CVS, Wegmans, Walmart, Kohl’s, Lowe’s, Circuit City, Target, Walmart, and Home Depot, and selling the stolen merchandise to pawnshops, including Royal Crown.  Those stealing the property would then use the proceeds of their “sales” to Royal Crown in order to purchase illegal drugs. The defendant allegedly knowingly purchased stolen, new-in-box goods from these individuals for a fraction of the retail value. In order to perpetuate this scheme, Tribunella made false and fraudulent representations in an online database known as LeadsOnline as well as in his User Agreements with eBay and Amazon. The defendant would subsequently re-sell the stolen goods on eBay and Amazon and ship them to buyers, including to buyers located outside of New York State.

Between January 1, 2017, and September 16, 2019, Tribunella and a co-defendant are accused of purchasing and re-selling $3,248,426.79 in stolen goods on eBay. According to the civil complaint, Tribunella used $2,995,949.55 of these illegal proceeds to purchase the above-referenced vehicles and jewelry, and to fund financial accounts and cash withdrawals. 

This cycle of theft and re-sale has also resulted in Monroe County having some of the highest incidents of retail theft in the country, according to statistics maintained by nationwide retailers.

The criminal and civil complaints are the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Chief La’Ron D. Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley. 
If convicted of the criminal charges, Tribunella faces 20 years in prison and a $250,000 fine.

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 Larquon Watkins, 27, of Buffalo, NY, who was convicted of racketeering conspiracy and distribution of crack cocaine, was sentenced to serve 57 months in prison by U.S. District Judge Lawrence J. Vilardo, Jr.

Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, who handled the case, stated that the defendant was a member of the CBL/BFL Gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009, and which 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. Watkins is one of 12 CBL/BFL Gang members charged and convicted in this case. He is the 4th defendant to be sentenced.

On various occasions between 2010 and 2012, the defendant was stopped by Buffalo Police Officers and found to be in possession of marijuana, and between 2015 and 2016, the defendant sold crack cocaine at least 10 times and heroin at least 10 times in the Towne Gardens to an individual working investigators.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; 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; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 16 count indictment charging Jonathon R. Cassatt, 34, of Niagara Falls, NY, with 15 counts of production of child pornography and one count of possession of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the indictment and a previously filed criminal complaint, in November 2019, the Niagara Falls Police Department received information that the defendant’s cell phone contained images and videos of child pornography. Subsequent investigation determined that Cassatt used his cell phone to produce child pornography involving a minor victim on 15 different occasions between 2017 and 2019.

Cassatt was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Niagara Falls Police Department, under the direction of Chief 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.  

# # # #

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 22-count Superseding Indictment charging David Burgin, David Washington a/k/a Dirty Dave a/k/a Dirt a/k/a Wavy Davey a/k/a Brick Boy Dave, Eleazar Martinez Medina, Rodney Pierce, Torrance Bailey a/k/a Bird, Sherron Kye, Devante Nance a/k/a V-Dutch, and Devon Clark a/k/a Booski, with conspiring to possess with intent to distribute, and distributing, controlled substances, including five kilograms or more of cocaine, one kilogram or more of heroin, 400 grams of fentanyl, 280 grams or more of cocaine base, 100 grams or more of fentanyl analogues, and marijuana. Several defendants are also charged with possession with intent to distribute these same controlled substances and maintaining premises for the purposes of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison. Defendants Burgin and Pierce also face an additional consecutive five-year sentence for possessing firearms in furtherance of drug trafficking.

Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that according to the Superseding Indictment, the defendants were involved in a drug trafficking ring that stretched from California to Buffalo and involved cocaine, crack cocaine, fentanyl analogues, and fentanyl being transported to the Buffalo, NY area for distribution and sale.

During the course of the investigation, search warrants were executed at 12 residences, and investigators seized $1,405,327 in United States currency in Buffalo and California. In addition, investigators seized:

• six firearms; • 3.63 kilograms of fentanyl; • 2.97 kilograms of cocaine; • 309 grams of fentanyl analogues; • 893 grams of heroin; and
• 268 grams of crack cocaine; • six concealed traps—many of which were hydraulically operated; • scales and drug packaging materials.

The superseding indictment also seeks the forfeiture of multiple firearms, ammunition, and the financial proceeds of the drug trafficking conspiracy.

The indictment and criminal complaint are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff’s Office, under the direction of Sheriff Tim Howard; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher.

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 a federal grand jury has returned an indictment charging Rocco A. Beardsley, 34, of Jamestown, NY, with narcotics conspiracy. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between December 2018, and April 2020, the defendant conspired with others to possess and distribute methamphetamine; acetyl fentanyl; crack cocaine; and fentanyl.

Beardsley was previously convicted in Federal Court in 2007 of conspiracy to distribute crack cocaine and sentenced to serve 57 months in prison. The defendant is currently on New York State parole following a 2017 conviction for Criminal Possession of a Controlled Substance, and Narcotic Drug Intent To Sell.

The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and is being detained.

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

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 David Dixon, 38, of Rochester, NY, was arrested and charged by criminal complaint with possessing cocaine with intent to distribute, being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug trafficking crime. The charges carry a minimum penalty of five years in prison, a maximum of life, and a fine of $1,000,000.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the complaint, the defendant was arrested on March 11, 2020, at approximately 2:37 a.m., after police responded to an attempted burglary call. Upon searching Dixon, officers recovered a loaded handgun, approximately 24 grams of cocaine, and $586 in cash.

In 2004, Dixon was convicted of Robbery in the First Degree and as a result is legally prohibited from possessing a firearm.

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.

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

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

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 Joseph McGrain, 49, of Greece, New York, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on March 27, 2020, the Greece Police Department learned that the defendant had been having a sexual relationship with a 16 year-old girl (Minor Victim) for one and a half years.

On April 1, 2020, investigators observed Facebook chat conversations between the defendant and Minor Victim on her cell phone. Among the messages, McGrain stated, “I miss our nights.” Another message stated, “Just sucks cause it's wrong but feels so good and safe with you...your right it’s wrong and it will end...thank you for that magic for the past year.” According to the complaint, the defendant and the Minor Victim had sexual relations almost daily since approximately October 2018, when she was fourteen years old, until March 26, 2020. The Minor Victim also sent McGrain numerous naked photographs of herself.

On the night of April 5, 2020, the defendant sent messages to the Minor Victim stating, “I'm a wreck, I already lost all. i told you death is my way out, If you really want it to end then tell them you set it all up and lied...I lost all and I'm just ready to die now.”

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.

The criminal complaint is the result of an investigation by the Greece Police Department, under the direction of Chief Patrick D. Phelan, 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Melissa C. Daniels-Johnson, 39, of Buffalo, New York, was charged in a criminal complaint with assault of a federal employee and threatening to assault a federal employee. The charges carry a maximum penalty of eight years in prison.

“Any individual who threatens or attempts to use the COVID-19 virus as a weapon as alleged here deserves—and should expect—a strong dose of justice,” stated U.S. Attorney Kennedy. “For a person to spit on a public servant is beyond vile and disgusting—it is criminal. No matter who they are or what they do, the brave men and women who continue to serve others during this pandemic deserve our respect, admiration, and protection. Whether doctors, nurses, police officers, grocery clerks, letter carriers, transit workers, or anyone else providing an essential service, my message to you is simple, you have our thanks, and we have your backs.”  

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on March 19, 2020, at approximately 6:50 p.m., Postal Inspectors and Cheektowaga Police officers were called to the Cheektowaga Branch Post Office, located at 125 Galleria Drive in Cheektowaga, NY, for a report of a United States Postal Service letter carrier who had been verbally abused and spit upon by a female USPS customer. The incident occurred while the letter carrier was collecting the mail from the blue collection boxes situated in front of the Cheektowaga Post Office.

The letter carrier stated that while he was collecting mail, the defendant drove into the postal parking lot through the exit driveway, and drove against one-way traffic. He advised Daniels-Johnson that she entered the lot the wrong way. In response, she started screaming profanities at him, and threatened to cough on him to give him the Coronavirus. The manager of the Cheektowaga Branch Post Office tried to calm Daniels-Johnson and de-escalate the situation, but she remained very aggressive and abusive. As the defendant began to pull away, she pulled near the mailboxes, where the letter carrier was working, and pointed a cellphone at him and said, “This is the (expletive) right here, so you know what he looks like.” The letter carrier said the defendant told him that she was sending her husband to “(expletive) him up,” and told him that he was not going to “know what hit” him. The letter carrier said that he heard the male on the other end of the call tell Daniels-Johnson, “I don't think you should be saying things like this to a mail man.” The letter carrier said Daniels-Johnson replied with more derogatory remarks and expletives, adding that the letter carrier “ain't gonna do (expletive),” and then spit at him. The letter carrier used a mail bucket to shield his face, but the spit got all over his shorts and on his right leg. The woman sped away. The letter carrier went inside and removed his clothing. He was very concerned because of the defendant’s comment about Coronavirus.

The defendant is scheduled to make an initial appearance on April 27, 2020, before U.S. Magistrate Judge Michael J. Roemer.

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

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raison Holt, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo, Jr. to high speed flight from border checkpoint. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

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

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

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

Sentencing is scheduled for August 21, 2020, before Judge Vilardo.  

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that James Terrell, 35, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute one kilogram or more of heroin. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

“Lately, with the pandemic, we have heard a great deal about mortality rates,” stated United States Attorney Kennedy. “Since March 1st in Erie County, we have had 110 documented drug overdoses which have resulted in the deaths of 36 individuals—for a death rate of 33%—one-third of all individuals who have overdosed in Erie County since March 1st have died. I think we need to consider the role that social isolation coupled with non-stop reporting on the pandemic may have on the feelings of desperation and hopelessness among those struggling with substance abuse. Amidst the current crisis, we need to remember that substance abuse existed long before COVID-19, and it will likely remain long after we have wiped out the virus. Not only has the time come to credit those brave men and women working in the medical, healthcare, and law enforcement communities as they do their best, in the face of deadly threats, to preserve public health and safety, but the time has also come for all of us to recognize that the job is not theirs alone to do. Only when personal responsibility overtakes public panic as the impetus for individual and collective action can we optimize our ability to recognize and overcome the greatest threats we face.”

“It’s unconscionable that drug traffickers would continue to distribute their deadly poison in our communities in the midst of a public health crisis,” said Kevin Kelly, Special Agent-in-Charge for Homeland Security Investigations (HSI). “These reckless actions only serve to deepen the resolve of HSI, the Erie County Sheriff’s Office, and our partners to protect our communities against the multitude of threats that exist today.” 

“I am extremely pleased that my Narcotics Unit and our partners at Homeland Security Investigations were able to complete an investigation and arrest another drug dealer in our community,” said Sheriff Timothy B. Howard. “Unfortunately, these peddlers of death are taking advantage of people at a very vulnerable time. With increasing stress levels and isolation, drug dealers are preying on people, and law enforcement won’t stand for it. That is why we will continue our efforts during this pandemic to ensure our residents’ health and safety.”

Assistant U.S. Attorney Michael J. Adler, who is handling the case against Terrell, stated that according to the complaint, in 2019, Homeland Security Investigations learned that the defendant was engaged in an exchange of bulk U.S. currency. Subsequent surveillance revealed that Terrell changed vehicles multiple times. On August 20, 2019, around 1:05 p.m., the Erie County Sherriff’s Office executed a vehicle and traffic stop of the defendant in the vicinity of East Delavan Avenue and Grider Street in Buffalo. During the traffic stop, a K9 dog detected the odor of narcotics on the rear passenger side door. A search warrant was executed on the vehicle and resulted in the seizure of $80,110 in cash and two cellular telephones.

During subsequent surveillance, HSI Special Agents observed Terrell operating additional vehicles, a common tactic deployed by drug traffickers in an effort to avoid law enforcement surveillance and detection. In addition, during the course of the surveillance, investigators conducted a controlled purchase of fentanyl from the defendant. On April 9, 2020, HSI Special Agents conducting surveillance observed Terrell’s vehicle parked on Earl Place in Buffalo. At approximately 2:00 p.m., they observed a delivery driver park in front of a residence on Earl Place and place a large brown box on the porch of the residence. A short time later, agents observed the defendant leave the same residence carrying a package. Terrell was observed at the trunk of his vehicle for approximately 30 seconds, he then got into the vehicle and drove away. Buffalo Police then conducted a traffic stop a few blocks away.

A search warrant was executed on the vehicle. During the search, investigators recovered a brick like object from the trunk, compactly taped and hidden within sweatpants. Examination of the brick revealed several additional layers of tape and wrappings. Underneath the taping and wrapping was a thinly green taped brick with the words “Arco Tijuana” written on it in marker. Field testing determined the brick contained suspected heroin.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

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

ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Robert Forbes, Jr., a/k/a Ra Ra, a/k/a Henny, 34, of Rochester, NY, was arrested and charged by criminal complaint with Hobbs Act robbery conspiracy, aiding and abetting the possession and discharge of a firearm in furtherance of, and carrying a firearm during and in relation to, a crime of violence, and aiding and abetting. In addition, Eric Lowe, 26, also of Rochester, was arrested and charged 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 defendants are facing charges for their roles in three home invasions in the City of Rochester: • In the early morning hours of January 7, 2020, Rochester Police Officers responded to a home invasion at a residence on Glide Street in Rochester. When officers arrived, the victim stated that when he returned home with his girlfriend, he found two individuals, one who was armed with a handgun, inside his residence wearing ski masks. The victim advised investigators that a large gold chain, which had a unique medallion of Jesus on it, approximately one ounce of marijuana, a PlayStation, Apple IPad, and $600.00 cash was taken during the home invasion. In addition, the victim stated that the suspects kept asking where the money was.
• Late in the evening of March 25, 2020, Rochester Police Officers were dispatched to a residence on Avenue E in Rochester, for the report of another 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 the 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.

Later in the day on March 26, 2020, Forbes’ vehicle was stopped by police on Upper Falls Boulevard. A search of the vehicle located surgical masks in the glove box, a black ski mask in the front passenger door, and zip ties in the rear seat behind the rear center console, items commonly used in homes invasions.

On April 1, 2020, while conducting surveillance, officers attempted to conduct a traffic stop of a vehicle being driven by Forbes at North Clinton Avenue and Norton Street. Forbes immediately fled from officers and took them on a 13 minute, high-speed chase which ended when Forbes crashed into a marked Rochester Police car on West Ridge Road. After being taken into custody, police found 10 waxine baggies of a powdery substance which field-tested positive for the presence of heroin. 

Eric Lowe was arrested on March 27, 2020. He made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was detained. Robert Forbes was arrested on April 1, 2020. He made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was also detained.

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.

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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 Sarah Szymanski, 28, of Cheektowaga, NY, was ordered detained following a detention hearing before U.S. Magistrate Judge Jeremiah J. McCarthy. Szymanski’s co-defendant Jonathan DiPirro, 29, of Depew, NY, waived his right to a detention hearing at this time and as a result, he also remains in custody. The defendants were arrested on March 24, 2020, and charged by criminal complaint with conspiracy to distribute heroin. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

“Thankfully, and notwithstanding the ongoing pandemic, my Office was able to do that which the New York State authorities, because of the recently enacted New York State bail reform law, were unable to do—protect our community from danger,” stated U.S. Attorney Kennedy. “Sadly, for at least one member of our community, that protection may have come too late. What is particularly troubling in this case is the fact that in January 2020, defendant Szymanski was arrested on 3 occasions—by the Cheektowaga Police Department, the Lancaster Police Department, and the Erie County Sheriff’s Office—during one 24 hour period. Despite having been arrested and charged with violating New York State Law 3 times in 1 day, Szymanski was permitted to remain at liberty. While free, she and her co-defendant continued to peddle these deadly opiates. Despite the fact that the police did their job and the District Attorney did his job, New York State law failed to do its job. My Office, with all of our partners in law enforcement, will not hesitate to take action to protect the public from those who bring harm to our community, and this case stands as proof positive that New York State’s bail reform law, as currently drafted, makes our community less safe.”

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, in October of 2019, the Lancaster Police Department, Drug Enforcement Administration, and the New York State Police Violent Gang Narcotics Enforcement Team began investigating the drug dealing activities of the defendants, who were identified as individuals who sold heroin and fentanyl together in the Western New York area.  Since February of 2020, law enforcement has made three separate controlled purchases of suspected opiates from Szymanski and DiPirro.

On November 2, 2019, Lancaster Police Officers, the Bowmansville Fire Company, and the Lancaster Volunteer Ambulance Corporation, responded to an emergency call at a residence in Lancaster. When first responders arrived, they discovered an individual identified as J.L. deceased. Next to J.L., officers observed a hypodermic needle containing a small amount of liquid or blood. A few days later, on November 4, 2019, officers took custody of an eyeglasses case that contained an amount of suspected controlled substances and the hypodermic needle. Testing by the Erie County Central Police Services Forensics Laboratory confirmed that the powdered substance contained a mixture of acetyl fentanyl, fentanyl, and cocaine. On February 11, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in J.L's system at that time that contributed to the drug intoxication.

Subsequent investigation determined that DiPirro was the individual J.L. contacted by cell phone, using calls, text messages, and Facebook Messenger, to purchase heroin or fentanyl. Specifically, between September 2019 and November 2, 2019, the date of his overdose death, J.L. contacted DiPirro continually using these lines of communication. During that time, J.L. overdosed from heroin and/or fentanyl on three known occasions. J.L. survived the first two overdoses, but died as a result of the third overdose.

On March 4, 2020, the Cheektowaga Police Department responded to an emergency call at a residence in Cheektowaga involving an overdose of an individual. When officers arrived, they found an individual, identified as S.L., unresponsive. Officers administered two doses of Narcan but could not revive S.L. Officers also administered cardiopulmonary resuscitation and transported S.L. to St. Joseph's Hospital. Medical personnel ultimately pronounced S.L. dead.  The investigation into S.L.'s fatal overdose revealed text messages and voice calls exchanged between S.L. and DiPirro on the date of S.L.'s death. The cause of S.L.’s death is pending.
        
The complaint is the result of an investigation by the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Depew Police Department, under the direction of Chief Jerome Miller; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major James Hall; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

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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