Western District of New York

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

BUFFALO, N.Y. – Internal Revenue Service - Criminal Investigation Special Agent-in-Charge Jonathan D. Larsen and U.S. Attorney James P. Kennedy, Jr. today are urging New York taxpayers to be vigilant of emerging scams targeting COVID-19 economic impact payments.

“We are living in unprecedented times and each one of us is struggling one way or another,” said Jonathan Larsen, Special Agent in charge of the IRS-CI New York Field Office. “In the coming weeks, the IRS will be issuing economic impact payments meant for hardworking Americans in a time of need and uncertainty. However, ruthless criminals are already preying on people’s fear during this pandemic, orchestrating various schemes to steal your money. Anyone expecting to receive a COVID-19 economic impact payment is at risk and we urge you to protect yourself.”

“Sadly, even during the most difficult of times for our community and Nation, the criminal element is standing by waiting to take advantage of a vulnerable and unsuspecting public,” stated U.S. Attorney Kennedy. “To my fellow Americans I say, please be as vigilant to protect these payments as you have been in your efforts to help slow the spread of the virus. The IRS is telling you how the process will work and that certain things—such as requests for personal information, contact through social media, or requests for further verification—are not part of that process. To the scammers I say, beware, we will stop at nothing to find you, and once we do, we will administer to you a healthy dose of justice.”

Scammers may try to get you to sign over your economic impact check to them. Alternatively, they may inform you that, in order for the IRS to issue your payment, they must first “verify” your filing information. They will then use this personal information to file a false tax return in your name and claim a fraudulent refund. The tactics may continue to evolve but the goal is the same: to steal your money and personal information to commit other crimes.

Taxpayers should know that the IRS will deposit COVID-19 economic impact payments into the direct deposit account they previously provided on their tax return. Unsolicited phone calls, emails, text messages or other communications pretending to be from the IRS are likely a scam.  

The IRS will not: • Call and ask you to verify your payment details. Do not give out your bank account, debit card or PayPal account information. If you receive an unsolicited call, simply hang up.
• Text, email or contact you via social media to say that you can get your money faster by sending personal information. Don’t open attachments or click on links.
• Mail or deposit a check that requires you to verify the check online or by calling a number. Reports are emerging about bogus checks. If you receive a “check” in the mail now, it’s a fraud. It will take about three weeks for the distribution of checks to begin. If you receive a “check” for an odd amount (especially one with cents), or a check that requires that you verify the check online or by calling a number, it’s a scam.

Although criminals may change their tactics, knowing how the IRS will be issuing the COVID-19 economic impact payments can help taxpayers protect themselves. For the latest information visit www.irs.gov/coronavirus.

For media inquiries, contact Anny Pachner at anny.pachner@ci.irs.gov

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

BUFFALO, N.Y.--The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.

“These funds come at a critical moment in our Nation’s fight against COVID-19,” stated U.S. Attorney Kennedy. “New York State is the current epicenter of that battle. This funding will go a long way to help protect and assist our courageous first responders in their efforts to protect us.”

“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”

These cities, towns, and counties in the Western District of New York are eligible to receive the following funding:

City of Buffalo                         $713,149
Chautauqua County                 $58,008
Town of Cheektowaga             $47,720
Erie County                             $58,008
Town of Greece                       $45,671
City of Jamestown                   $56,255
Monroe County                       $52,669
Niagara County                       $58,008
City of Niagara Falls                $142,134
City of Rochester                     $474,295

The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.

For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.
 
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Jose M. Gandia, 47, of Niagara Falls, NY, was charged by complaint with unlawful possession of a destructive device and unlawful possession of a shortened shotgun. The charges carry a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, on March 25, 2020, the New York State Police received a report of an individual pointing a shotgun with a red laser out of a red pickup truck on the New York State Thruway. A trooper located the vehicle stopped behind the traffic cones of an active work zone near the Town of Hanover. The trooper approached the vehicle and ordered the driver, later identified at the defendant, to exit. As the trooper attempted to handcuff Gandia, he resisted and a fight ensued. As the trooper struggled with the defendant, a second trooper arrived and assisted in handcuffing Gandia. The trooper who initially responded to the call suffered a broken hand in the altercation. A knife was found in the defendant’s pocket, and a second one was located on the ground next to the red pickup.

Following Gandia’s arrest, a trooper observed a sawed-off shotgun and a rifle in the passenger seat of the red pickup, as well as a ballistic vest and another knife. Another ballistic vest and an item that appeared to be a pipe bomb were then located in the rear of the vehicle. Troopers backed away from the vehicle, secured the scene, and called explosive specialists to the scene. The incident resulted in the closure of the westbound Interstate 90 of the New York State Thruway.

A New York State Police Bomb Technician examined the device and confirmed that the device, a pipe bomb, appeared to be a functional destructive device. During the examination of the device, the bomb technician utilized a “Disruptor,” a tool used to knock off the end cap of the device in an attempt to disassemble and disable the device remotely. During this procedure the device detonated.

Following the incident on the Thruway, investigators executed a search warrant at Gandia’s Cedar Street residence in Niagara Falls. They recovered nine suspected destructive devices, all appeared to be of similar construction as the device recovered from the defendant’s vehicle. Five of the suspected devices were attached to two separate propane tanks. Two of the devices were placed near the front entrance of the residence and two additional devices were placed near the rear entrance; all four devices were rigged to detonate.

“Amidst the pandemic, the brave men and women of law enforcement continue to risk life and limb to keep our communities safe,” said U.S. Attorney Kennedy. “With knives, guns, and 10 bombs—one of which was detonated, and nine of which were inside a house located in a crowded residential area—the danger this individual presented cannot be overstated. As our tremendous medical professionals—and each of us—focus efforts on doing everything possible to defeat the invisible enemy, our law enforcement professionals remain vigilant to ensure that our fight may continue and that the enemies amongst us can do us no harm. All of our protectors are worthy of our praise and gratitude.” 

The complaint is the result of an investigation by the New York State Police, under the direction of Major James Hall; the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata;  the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert; and the Chautauqua County District Attorney’s Office, under the direction of District Attorney Patrick Swanson. 

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 Jonathan DiPirro, a/k/a JD, 29, of Depew, NY, and Sarah Szymanski, 28, of Cheektowaga, NY, were arrested 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.

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 in the Western New York area.

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.

Since February of 2020, members of DEA, Lancaster Police, New York State Police, and Depew Police have conducted three controlled purchases of suspected heroin from DiPirro and Sarah Szymanski.

“Notwithstanding the current pandemic, 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,” stated U.S. Attorney Kennedy. “In this case, that harm was in the form of lethal opiates. What is particularly troubling is the fact that in January 2020, Ms. 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 those arrests, she was permitted to remain at liberty, allowing her and her co-defendant to peddle this deadly poison. If that is not conclusive proof that New York State’s bail reform law as currently drafted makes our community less safe, then I don’t know what is.”

DiPirro and Szymanski made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and are being held pending detention hearings.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Keith Cooley, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to distribute 28 grams or more of crack 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, who is handling the case, stated that between March and May 16, 2019, the defendant conspired with others to distribute crack cocaine in the Silver Creek area.
Between April 3 and May 9, 2019, investigators conducted six controlled purchases of crack cocaine from either the defendant or a co-defendant. On May 16, 2019, investigators executed a search warrant at an apartment on Central Avenue in Silver Creek. They recovered digital scales containing cocaine residue, a small amount of illegal narcotics, and approximately $700. Cooley was arrested at the scene.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; 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 Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff's Office Lieutenant Ronald Lott; the Evans Police Department, under the direction of Chief Douglas J. Czora; and the New York State Police, under the direction of Major James Hall. 

Sentencing is scheduled for July 14, 2020, before Judge Sinatra. 

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address disaster@leo.gov.

In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.

“My message to those who seek to exploit the pandemic for their own personal gain by stealing others’ money, or identity, or both, is simple,” stated U.S. Attorney Kennedy.  “We have a treatment for you and that treatment includes prosecution and federal prison.  While others may get sick from the virus, most will recover. Sadly, I am not so sure these predators will ever recover from their affliction—as it seems to have rotted their hearts and souls.”

Some examples of these schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.     

In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. U.S. Attorney Kennedy appointed Assistant U.S. Attorney David Rudroff to serve as Coronavirus Fraud Coordinator for the Western District of New York.

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.

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

As a community and a nation, we come together in times of crisis. Ironically, when it comes to COVID-19, our unification is best done in a metaphorical rather than literal sense. 

In that spirit of unity, I ask that everyone in the community reflect on the brave men and women of law enforcement and those who work throughout the criminal justice system, who despite these difficult times, come together each day on a shared mission to serve, protect, and uphold the rule of law. Every individual working in law enforcement, whether as a law enforcement officer or prosecutor, began their career with an oath.  Because that oath engendered a promise, it also carried with it a moral obligation. In the case of those working in the criminal justice system, that obligation includes a promise to support and defend the Constitution of the United States and to uphold our Nation’s laws.  But their obligation—our obligation—does not end there. As Americans—no matter our occupation, no matter who we are, and not matter what we do—each of us are part of what our Founding Father’s characterized as the “great experiment” in self-governance.   Yet, I fear that too many of us have come to view self-governance as a descriptor of how we go about choosing our leaders more than it is a characterization for how we ought to go about living our lives. Indeed, our very identity, as a Nation and as citizens, is predicated upon our ability to engage in self-governance. That is, the responsibility and obligation that each of us have to control and govern our own behavior—to live morally. 

In times such as this—when we are tested—we must reaffirm our commitment to engage in self-governance and to unify in order to uphold those aspirational values which lie at the heart of our identity as Americans. As Americans, our identity depends not on where we came from, who we are, or what we have, but instead it is all about what we honor and uphold. Notions such as equality, justice, fairness—and perhaps the greatest legal precept ever—the Golden Rule—serve as the signposts on our collective journey toward unification and continued survival. We call it the American way, and it is our commitment to that American way that has guided us through troubled and uncharted waters in the past and it will carry us through these difficult times as well.

Those of us working in the criminal justice system at all levels remain committed to ensuring that the justice system will continue to function during this national crisis.  The tremendous men and women who serve in my office will follow the guidance of the Attorney General, which makes it clear that the critical mission of the Department of Justice will continue. We will work closely with our partners in law enforcement and with the judiciary in order to ensure that health of those public servants who selflessly do their best each day to live up to their oaths of office. Together, we will continue to hold accountable those who fail to live up to their moral obligation as Americans.

Finally, my Office and the entire Department of Justice will remain particularly vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis. There have been reports of individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud, reports of phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention, and reports of malware being inserted onto mobile apps designed to track the spread of the virus. The pandemic is dangerous enough without wrongdoers seeking to profit from public panic. Such conduct will not be tolerated. 

Together, we will pull through this crisis and reaffirm to the world that, nearly 250 years after the “great experiment” in self-governance, our people, our communities, and our Nation remain resilient, vital, and healthy.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a three week trial, a federal jury has convicted Titus Thompson, Jr., 35, of Buffalo, NY, and Deonte Cooper 25, of Ashtabula, Ohio, of conspiracy to traffic firearms from Ohio to Buffalo. The charge carries a maximum penalty of five years in prison. Thompson was also convicted of unlawful dealing in firearms, being a felon in possession of firearms, and maintaining a drug involved premises. Those charges carry an additional penalty of up to 35 years in federal prison. 

Assistant U.S. Attorneys Emmanuel O. Ulubiyo and Charles J. Volkert, who handled the prosecution of the case, stated that during the course of the conspiracy, Deonte Cooper, who also sold heroin, recruited heroin customers to make straw purchases of more than 100 firearms. The purchases were made at gun shows and gun stores in Ohio. The firearms were then transported to Buffalo, where they were sold to local drug dealers, including Titus Thompson.

On May 18, 2018, the Bureau of Alcohol, Tobacco and Firearms and Explosives, and the Buffalo Police Department executed a search warrant at 89 Parkridge Avenue in Buffalo in the upper and lower apartments which were utilized by Titus Thompson. During the search, agents recovered a .40 caliber pistol and a 9mm pistol in the upper apartment as well as several firearms in the lower apartment. Thompson has two previous felony convictions, and was legally prohibited from possessing firearms.

Another six defendants were also charged and previously convicted in this case.

“These defendants evaded our Nation’s laws so that they could profit by providing drug dealers with one of the most sought after tools of their trade—illegal guns,” stated U.S. Attorney Kennedy. “These are the guns that are used to wreak so much havoc and violence in our community. When we disrupt the flow of illegal guns, drug dealers suffer and our community benefits.”

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

Sentencing is scheduled for June 23, 2020, before U.S. District Judge Elizabeth A. Wolford who presided over the trial.

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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 Demario T. Chatmon, a/k/a/ Shawn, 41, of Buffalo, pleaded guilty before U.S. District Judge William M. Skretny, to being a felon in possession of a firearm.  The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.

Assistant U.S. Attorneys Laura A. Higgins and Joshua A. Violanti, who are handling the case, stated that on or about May 15, 2017, during a search warrant executed at the defendant’s residence, he was found to be in possession of a 9 mm caliber semi-automatic pistol and 50 rounds of ammunition.  Law enforcement also recovered a plastic bag containing 70.10 grams of cocaine, and a second plastic bag containing 168.86 grams of cocaine base.  Other paraphernalia including scales, calibration weights, and razor blades were found inside the apartment along with $12,000 in U.S. currency.

The defendant was a known felon, having been convicted of criminal possession of a narcotic drug in the fourth degree in June 25, 2007 and convicted of attempted criminal sale of a controlled substance on July 11, 2011. 

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 and the Jamestown Police Department, under the direction of Chief Harry Snellings. 

Sentencing is scheduled for June 17, 2020, U.S. District Court Judge William M. 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 a federal grand jury has returned an indictment charging Harold Alexis Ortiz Cosme, 21, and Luis G. Candelario, 25, both of Puerto Rico, with conspiring to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a minimum penalty of 5 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 the indictment arises out of a postal interdiction in Puerto Rico that resulted the seizure of 1 kilogram of cocaine. The package was addressed to “Harold Ortiz” at 192 Grant Street, Buffalo, NY, 14213. A joint operation between the Postal Inspection Service and the Drug Enforcement Administration involving a controlled delivery was conducted targeting 192 Grant Street. That operation yielded information leading to the defendants.

On February 12, 2020, a controlled delivery of a package containing sham cocaine was conducted at 192 Grant Street, Buffalo, NY, 14213. Defendant Candelario accepted the package and took it inside of the residence. Moments later, defendants Candelario and Ortiz Cosme, along with a third man came out of the residence and got into two cars, a Grey Nissan Altima and a Blue KIA Optima. Ortiz Cosme placed the package with the sham cocaine into the trunk of the KIA Optima, which he was driving. The two vehicles were then stopped by law enforcement and the package with the sham cocaine was recovered from the vehicle of Ortiz Cosme.

Subsequently, law enforcement executed a search warrant on the residence. The residence was devoid of furniture, save for a chair located at a window that had a clear view of the sidewalk and the mailbox.

The defendants had placed a portion of a postal sticker on the mailbox outside of the residence with the name “Harold Ortiz” written on it. Another portion of the postal sticker was placed on the front door of the residence and it had “leave mail here” written on it.  The remainder of the postal sticker was found in the defendants’ vehicles.  

The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.   Defendants were released on conditions. 

The indictment is the result of a joint investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

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 Jonathan R. Cassatt, 34, of Niagara Falls, NY, was arrested and charged by criminal complaint with production of child pornography, which carries a minimum penalty of 15 years in prison and a maximum penalty of 30 years in prison and a $250,000 fine, and possession of child pornography, which carries a maximum penalty of 10 years in prison and a $250,000 fine.

Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, a witness reported to the Niagara Falls Police Department in November 2019 that Cassatt’s cell phone contained images and videos produced by Cassatt depicting Cassatt and a minor victim engaging in sexual activity.  Law enforcement officers thereafter interviewed Cassatt and searched his cell phone, resulting in the discovery of multiple images and videos depicting Cassatt and the minor victim engaging in sexual acts.

The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy.  He is being held pending a detention hearing on March 12, 2020.

The criminal complaint 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.

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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 Frank Rowles, 60, of Lewiston, NY, who was convicted of possession with intent to distribute cocaine, was sentenced to serve 15 months in prison by U.S. District Court Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Justin G. Bish, who handled the case, stated that on January 3, 2019, law enforcement officers executed a search warrant at 5150 Homestead Place in Lewiston, NY, and recovered two digital scales and a quantity of cocaine.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael Filicetti.

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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 Ray Chrostowski, 26, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr., to breaking into and larceny from interstate carrier facilities.  The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between May and June of 2018, the defendant entered on railroad cars containing interstate shipments of freight in transit on nine separate occasions with co-defendants Paul Krieger and Nicholas Birdwell.  Working together, they broke into railcars and removed the property therefrom.  On one occasion they broke into a railcar carrying automobiles and removed the tires and rims off of two vehicles.  As a result of this conduct, the total loss relating to these vehicles was over $4,718.16.  A large quantity of Jefferson bourbon valued at $3,118.80 was stolen. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert and the CSX Police, under the direction of Chief Sean Douris.

Sentencing is scheduled for July 16, 2020, before Judge Sinatra.

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Kori Robinson, 22, Islandah Mitchell, 20, both of Jamestown, NY, and Bruce Page, 25, of Buffalo, NY, with conspiring to possess with intent to distribute, and to distribute, cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment and a previously filed complaint, on March 2, 2020, after receiving information that defendants Robinson and Mitchell were traveling to Jamestown with cocaine and crack cocaine in their vehicle, Jamestown Police officers conducted a traffic stop of the vehicle. As an officer approached the vehicle, the vehicle began to drive away. The officer got back into his marked patrol vehicle and initiated another vehicular traffic stop.

An officer observed the front seat passenger, identified as defendant Robinson, moving around and reaching under the front seat, and he appeared to place something in the back seat. The officer gave verbal commands for Robinson to keep his hands up and not to move around. However, Robinson continued to reach and move around.

The Officers called out for each person to exit the vehicle one at a time. Defendant Mitchell was driving, Robinson was the front seat passenger, and defendant Page was in the back seat.

The Officers detected the scent of marijuana coming from inside the vehicle. They then conducted a search of the vehicle, and in the floor area of the back seat, discovered a brown purse. Sticking out from the purse, officers observed narcotics packaging baggies. Inside the purse, officers recovered a clear plastic baggie that contained two separate clear baggies containing suspected crack cocaine and powder cocaine. Officers also recovered a quantity of suspected marijuana; empty packaging materials; a metal spoon with suspected drug residue; and several cellular phones.

On January 27, 2020, the Jamestown Metro Drug Task Force and the Southern Tier Regional Drug Task Force executed a search warrant at Mitchell’s Lafayette Street Apartment in Jamestown. Investigators recovered quantities of suspected cocaine and crack cocaine; $2,000 in cash; two digital scales; credit cards; an iPhone; and a box of ammunition.

The defendants were arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy. Defendant Page is being detained. Defendants Mitchell and Robinson were released on conditions. 

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings, the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office Lieutenant Ronald Lott, 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 Brandon Kidder, 35, of Alden, NY, was arrested and charged by complaint with possession and receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, and a maximum of 20 years.

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the complaint, in August 2019, the FBI received information that a local IP address was accessing Tor, a computer network available to Internet users designed specifically to facilitate anonymous communication over the Internet to access child pornography. The IP address was subsequently traced to the defendant.

On January 28, 2020, the FBI executed a search warrant at Kidder’s Sandridge Road Apartment in Alden. Investigators seized two Samsung smartphones, a Thermaltake desktop computer, a Dell laptop computer, and two thumb drives. The two computers were submitted to the Western New York Regional Computer Forensics Laboratory (RCFL) for a full forensic exam. An initial search of the Samsung phones and thumb drives recovered videos and images of child pornography, some including infants and depictions of violence.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on March 10, 2020.

The complaint is the result of an investigation by 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 Adrian D. Applewhite, 32, of Cheektowaga, NY, and Ronald L. Morris, 45, of Buffalo, NY, were arrested and charged by complaint with bank robbery and incidental crimes. The charge carries a maximum penalty of 25 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Joshua Violanti, who is handling the case, stated that according to the complaint, on October 31, 2019, a male, later identified as defendant Applewhite, entered the Clarence Community and School Federal Credit Union (CCS FCU), on Sheridan Drive in Clarence, holding a cell phone in a manner consistent with video recording or obtaining a photograph. While inside the CCS FCU, Applewhite inquired from staff whether the CCS FCU had an ATM. He then left the building.

Seven days later, on November 7, 2019, three males entered the CCS FCU and conducted a take-over style bank robbery. Armed with pistols, and donning masks and florescent green work gloves, at least two of the masked robbers holding hand guns ordered all the employees to the ground and demanded money. Two of the robbers went back behind the teller line and went through teller's drawers. The third robber went to the vault. The robbers stole a total of $148,793.90.

During the course of the investigation, investigators from the New York State Police Clarence barracks obtained and reviewed surveillance footage from several locations. Using that footage, the getaway vehicle was subsequently traced to an individual known to investigators as Applewhite's wife, A.B., with an address in Cheektowaga, NY.

On November 12, 2019, investigators executed a search warrant on a cell phone used by Applewhite. They recovered a video taken by Applewhite on October 31, 2019, showing the inside of the CCS FCU and audio of Applewhite requesting an ATM. Investigators also discovered a contact “Cracks,” who was later determined to be co-defendant Ronald Morris. One text exchanged between Applewhite and Morris a few days before the robbery read “Be ready Tuesday or Wednesday.” On November 7, 2019, just prior to the time of the robbery, Applewhite sent Morris another text stating “I’m on my way.”

Investigators began to surveille Applewhite in January 2020, and determined that he and Morris met up and actively surveilled other Federal Credit Unions in Niagara Falls and Tonawanda.

Previously, on July 25, 2019, two unidentified subjects entered the Southtowns Community Federal Credit Union (SC FCU) on South Park Avenue in Lackawanna, and conducted a bank robbery with pepper spray and a pistol. The two suspects traversed the teller's counter, sprayed the tellers with pepper spray, and went directly to the unlocked safe, removing $290,500.00 in United States currency. The two suspects placed the currency in a dark colored duffle bag then fled on foot.

Investigators reviewed video surveillance from the day prior, July 24, 2019, and determined that Applewhite entered the SC FCU and requested information from an employee while holding his cell phone in a manner consistent with video recording or obtaining a photograph. Investigators also tracked the vehicle Applewhite was driving once again to his wife. Video surveillance also showed Applewhite driving towards and away from the SC FCU on July 25, 2019. Cell phone data also puts co-defendant Morris around the SC FCU at the time of the robbery.

Subsequent investigation determined that Applewhite spent $2,022 at the Jewelry Center in the Walden Galleria Mall on July 29 2019; $6,400 on a pendant with diamonds on July 30, 2019; and $2,780 at Western Union on July 31, 2019. Applewhite also deposited $4,000 into a Citibank account on July 25, 2020. It was also determined that co-defendant Morris gambled approximately $1,000-$2,000 per week since mid-January 2020. 

The defendants made initial appearances before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained.  

The complaint is the result of an investigation by the New York State Police, Clarence Barracks, under the direction of Major James Hall; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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

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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 Patrick W. Carlineo, Jr., 56, of Addison, NY, who was convicted of threatening to assault and murder a United States official, and being a felon in possession of firearms, was sentenced to serve 12 months and one day in prison by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to forfeit six firearms and hundreds of rounds of ammunition.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that on March 21, 2019, at approximately 12:20 p.m., the defendant placed a telephone call to the offices of Congresswoman Ilhan Omar, a Member of the United States Congress from the 5th Congressional District in Minnesota, in Washington, D.C. A member of Congresswoman Omar’s staff answered the call. During the call, the defendant stated, “Do you work for the Muslim Brotherhood?  Why are you working for her, she’s a (expletive) terrorist. Somebody ought to put a bullet in her skull.  Back in the day, our forefathers would have put a bullet in her (expletive).” The staff member recalled that the defendant stated, “I’ll put a bullet in her (expletive) skull.”

Carlineo made the threatening call to retaliate against Congresswoman Omar based on her performance of her official duties.  Because he hates individuals he views as radical Muslims being in the United States government, he believed that Congresswoman Omar supports Hamas and the Muslim Brotherhood and that Congresswoman Omar’s election to the United States Congress was illegitimate.

After receiving the call, the threat was referred to the United States Capitol Police, Threat Assessment Section, who began an investigation in coordination with the FBI.

In addition, on April 5, 2019, the defendant – a previously convicted felon – possessed a loaded .45 caliber handgun, three rifles, two shotguns, and hundreds of rounds of ammunition at his residence in Addison, NY.  In 1998, the defendant was convicted of Criminal Mischief in the Second Degree in Steuben County Court. As a result of that conviction defendant was legally prohibited from possessing a firearm.

The sentencing is the result of an investigation by Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the United States Capitol Police, under the direction of Chief Matthew R. Verderosa. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 27-count third superseding indictment charging George H. Moses, 50, of Rochester, NY, with 25 counts of conspiracy to commit wire fraud, wire fraud, mail fraud, federal program fraud, aggravated identity theft, and filing false tax returns. In addition, co-defendant Janis White, 58, also of Rochester, is charged in four counts with conspiracy to commit wire fraud, wire fraud, and obstruction of justice. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine. 

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that in November 2019, Moses and White were charged in a 55-count second superseding indictment. In that indictment, Moses was charged with various schemes to defraud the Rochester Housing Charities (RHC), a scheme to defraud Quad A for Kids, and tax violations. White was charged along with Moses in connection with one of the schemes to defraud the RHC.   

While all the conduct in the second superseding indictment is still included in the third superseding indictment, the new indictment includes additional allegations against Moses in connection with his role as the Executive Director of the North East Area Development Association (NEAD) and its subsidiary Freedom Community Enterprises, Inc., in Rochester. NEAD is a not-for-profit neighborhood organization governed by a volunteer board of directors, which worked with city officials and agencies to revitalize and stabilize the Sector 8 neighborhood in the northeast quadrant of Rochester.

The third superseding indictment alleges that Moses used funds belonging to NEAD and Freedom Community Enterprises to purchase personal items for himself and others.  For example, Moses improperly used NEAD or Freedom funds to purchase, among other things, a Carnival cruise vacation, spa services on a Royal Caribbean cruise, four firearms, a family YMCA membership, a NRA membership, essential oils and other health products, products for a multilevel marketing business, dental expenses, tickets to a New York Knicks basketball game at Madison Square Garden, repairs and items for his personal vehicle, amusement park accommodations, immigration services for a friend, travel related expenses, and a Netflix subscription.  

The third superseding indictment also charges Moses with using funds belonging to Freedom Community Enterprises to purchase a time share in Florida for approximately $20,000, and then using funds that Freedom Community Enterprises received from a grant from the City of Rochester to reimburse Freedom for Moses’ purchase of the time share.

The third superseding indictment is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.

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

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Sachin Aji Bhaskar, 23, of India, pleaded guilty before Senior U.S. District Judge William M. Skretny to sexual enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum penalty of life in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant communicated by text and email with an 11 year old girl for the purpose of engaging in sexual activity. Through those communications, Bhaskar enticed the victim to engage in sexual activity with him on August 11, 2018. 

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

Sentencing is scheduled for June 17, 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 James T. Keefe, 39, of Florida, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute, and to distribute, oxycodone, hydrocodone, and amphetamine. The charge carries a maximum penalty of 20 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorneys Timothy C. Lynch and Joshua Violanti, who are handling the case, stated that the defendant was a New York State licensed physician who was previously employed as a contracted physician at the Erie County Medical Center (ECMC), Mercy Hospital of Buffalo, and the Monsignor Carr Institute. Between January 1, 2014, and February 23, 2018, Keefe conspired to divert, and diverted, Schedule II and Schedule IV controlled substances by issuing fraudulent prescriptions to his co-workers, friends, and drug-dealing and drug-using associates, including, co-defendants Benjamin Rivera, Laura Ricotta, Takeya Rainey, and Phousavath Luangrath. These prescriptions were issued without a legitimate medical purpose and outside the usual course of professional practice.

The defendant and co-defendant Rivera have been associates for several years. For nearly five years, Rivera sold cocaine to Keefe, who was active user of cocaine, Adderall, and prescription opiates. In January 2014, the defendant began issuing prescriptions in the names of Rivera and nine of Rivera’s relatives and associates to exchange for cocaine and for a share of the prescribed drugs. Neither Rivera nor any of his relatives or associates were patients of Keefe.

In April 2015, the defendant began issuing prescriptions to Rivera’s girlfriend, co-defendant Laura Ricotta. Keefe also used the names and personal information of six relatives and associates of Ricotta to issue fraudulent prescriptions. Neither Ricotta nor any of her relatives or associates were patients of the defendant. Keefe often drove Ricotta to a pharmacy to a pharmacy to fill the prescriptions, which the two then split.

In the summer of 2017, the defendant began issuing prescriptions to co-defendant Takeya Rainey. Rainey also provided the names of her relatives and associates to Keefe, none of whom were his patients. In exchange for the controlled substances, the defendant sometimes gave Rainey gift or Visa cash cards.

Beginning in January of 2017, Keefe and co-defendant Luangrath were involved in an intimate relationship. At some point, the defendant Luangrath agreed to allow the defendant to issue prescriptions in her name.

Between January 1, 2014, and February 23, 2018, the defendant issued 179 fraudulent prescriptions in his own name and the names of others, for Schedule II and Schedule IV controlled substances.

Rivera, Rainey, and Luangrath were previously convicted. Charges remain pending against Ricotta. The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty. 

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

Sentencing is scheduled for July 31, 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 Jason E. Slocum, 44, of Wellsville, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to being a felon in possession of firearms. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that on October 1, 2018, a 911 caller reported a domestic dispute at the defendant’s residence on Williams Avenue in Wellsville. Upon arrival, Wellsville police officers found a female sitting inside a vehicle, in the driveway of the residence, smoking a cigarette. She was determined to be a resident of the residence. The woman reported she and Slocum, who have a child together, started arguing that morning. During the argument, the defendant damaged her cellphone and other items around the house. Following the argument, the woman went outside and Slocum locked her out of the house, which prevented her from entering the residence again. The woman also advised officers that her autistic son was still inside with the defendant. 

Officers then conducted a room by room safety sweep of the residence to ensure there were not any additional people present in the residence. During that sweep, officers discovered an AK-style rifle in the closet of Slocum’s bedroom.

Subsequently, officers executed a search warrant of the residence and recovered several firearms, including an AK-style semi-automatic rifle, and ammunition. The defendant was previously convicted in 1996 of Attempted Burglary in Allegany County Court, and is legally prohibited from possessing a gun.
 
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, and the Wellsville Police Department, under the direction of Chief Steven Mattison.

Sentencing is scheduled for June 8, 2020, at 9:00 a.m. before Judge Skretny.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Lee, 27, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession of firearms in furtherance of drug trafficking crimes. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life in prison, and a fine of $250,000.

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

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

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

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

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Alicia Raynor, 42, of Westfield, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr.  to wire fraud and filing a false tax return. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that the defendant was hired as a business manager for Compassion at Home, Inc. Her duties included, among other things, managing company finances and payroll. At various times during the company’s operation, payroll and other financial payments were made from different company bank accounts.

While working as a business manager for the company, Raynor opened an account with Intuit, Inc., a payroll and payment processing service located outside the state of New York. The Intuit account enabled Compassion at Home, by way of wire transfers, to direct deposit payroll into employees’ bank accounts and otherwise make other direct deposit payments related to Compassion at Home’s business expenses. The payments were made using an accounting software package known as Quickbooks, which linked to Compassion at Home’s bank account.

While employed with Compassion at Home, the defendant diverted money from Compassion at Home’s bank accounts to accounts that she controlled. In order to avoid detection, Raynor disguised Quickbook entries to make it appear that the payments were to Bank of America, Capital One, or Compassion at Home employees.

Between August 2015 and June 2016, the defendant fraudulently diverted approximately $238,871.58 from the company’s bank account. This amount includes funds to which she was not entitled for compensation or reimbursement for expenses. For example, on May 19, 2016, Raynor caused a wire transfer in the amount of $2,978.19 from Intuit’s account to a joint checking account with her husband, with an entry in Quickbooks indicating that the payment was to Bank of America.

In addition, for the tax years 2013 through 2016, the defendant received $1,214,444 in payments from Compassion at Home that she did not report as income on her tax returns for those years. The Internal Revenue Service estimates tax owed for these tax years is $370,005. On May 15, 2017, the defendant caused the filing of a U.S. Individual Income Tax Return, Form 1040, for the 2015 tax year, falsely claiming a total income of $52,290, and income from Compassion at Home in the total amount of $29,615.14.

The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent in Charge, New York Field Office, and the Westfield Police Department, under the direction of Chief Rob Genther.

Sentencing is scheduled for July 8, 2020, at 2:00 p.m. before Judge Sinatra.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Justin Channell, 32, of Rochester, NY, who was convicted of possession of child pornography involving prepubescent minors, was sentenced to serve 10 years in prison and 15 years of supervised release by U.S. District Judge Charles J. Siragusa. The defendant will also be required to register as a sex offender.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that in 2011, the defendant was convicted of possession of child pornography and sentenced to serve 12 months in prison followed by 15 years of supervised release.

In April 2019, Channell was serving his term of supervised release when a United States Probation Officer discovered that he was viewing images and videos of child pornography on his mobile phone. The Federal Bureau of Investigation Child Exploitation Task Force was alerted. As a result, the FBI forensically examined the defendant’s phone and ultimately discovered hundreds of images and several videos of child pornography, including some images and videos that depicted prepubescent minors and sadistic and masochistic conduct.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, 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 Jose Bruno, 36, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, cocaine. The charge carries a maximum penalty of 20 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that on September 24 and October 25, 2018, investigators conducted two controlled purchases of cocaine from Bruno at his Jewett Avenue residence. On November 8, 2018, the U.S. Postal Inspection Service executed a federal search warrant on a suspicious postal package addressed to a “Maria Ramos” at the defendant’s residence. Testing confirmed that the parcel contained cocaine. Although this package was not intended for Bruno, he intended to deliver it to someone else.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division. 

Sentencing is scheduled for June 4, 2020, at 1:00 p.m. before Judge Arcara.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Estrada-Alvarez, 31, a citizen and native of Mexico, was arrested and charged by criminal complaint with illegal re-entry after deportation and forcibly assaulting and resisting Deportation Officers causing bodily injury. The charges carry a maximum penalty of 20 years in prison. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, on February 19, 2020, Deportation Officers with Enforcement and Removal Operations attempted to arrest the defendant following a traffic stop in front of the North Rose Fire Hall on North Huron Street in Rochester. Officers had been surveilling Estrada-Alvarez after receiving information that the defendant was back in the United States despite two previous deportations.

As Estrada-Alvarez exited the vehicle, he immediately attempted to run. In evading arrest, the defendant forcefully pulled his arms away from the officers and thrust his head backwards in an attempt to head-butt one of them. Estrada-Alvarez refused to stop fighting, and eventually had to be taken to the ground and handcuffed. Thereafter, he was transported to the Buffalo Federal Detention Facility in Batavia, NY. 

In the course of this encounter, Estrada-Alvarez caused bodily injury to two of the Deportation Officers. One of the Officers suffered injuries to his left arm and right knee, while the other suffered injuries to his right shoulder, elbow, and wrist. 

The complaint is the result of an investigation by the Department of Homeland Security—Enforcement and Removal Operations, under the direction of Thomas E. Feeley, Director, Buffalo Field Office.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Catherine Ramos, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute cocaine. The charge carries a maximum possible sentence of 20 years imprisonment and a fine of $1,000,000. 

Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that beginning in May, 2017 through October, 2017, the defendant conspired with others to possess with intent to distribute cocaine.  Specifically, Ramos also sold cocaine to an undercover police officer. 

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

Sentencing is scheduled for June 5, 2020, at 12:30 p.m. before Judge Arcara.

# # # #

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

BUFFALO, NY - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Paul, 65, of Buffalo, New York, who was convicted of distribution of crack cocaine, was sentenced to serve 120 months in prison and 6 years of supervised release by United States District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan Tokash, who prosecuted the case, stated that in May of 2017, Paul sold 3.32 grams of crack cocaine to an undercover police officer at a location on Thatcher Street in the city of Buffalo.  A life-long drug dealer and career criminal offender under the United States Sentencing Guidelines, Paul’s sentence is in part a reflection of his two prior felony convictions in Erie County court from 2004 for Attempted Criminal Sale of a Controlled Substance 3rd and in 2010 for Attempted Criminal Sale of a Controlled Substance 4th.  When announcing Paul’s sentence, Judge Arcara noted the defendant’s age and declining health, however stressed the need to protect the public from those who deal drugs.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Police, under the direction of Major Edward Kennedy.

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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 Lorenzo Wade, 25, of Rochester, who previously pleaded guilty before United States District Judge Elizabeth A. Wolford to the felony charges of possession with intent to distribute a fentanyl analogue and felon in possession of a firearm and ammunition, was sentenced to serve a seven year prison term in the custody of the United States Bureau of Prisons.  He also was sentenced to four years of supervised release.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Wade, was arrested after law enforcement officers executed a search warrant at 155 McArdle Street, in the City of Rochester, on July 6, 2018.  Officers arrested Wade inside the residence.  While searching, officers found over 15 grams of a substance containing heroin, fentanyl and a fentanyl analogue, some of which was packaged for distribution.  Officers also found a non-functioning Tec-9 semiautomatic pistol, which was loaded with 37 rounds of ammunition. 

After arrest, Wade told officers he bought the handgun for $800.  He said he knew the firearm did not function because he had tried it.  He said he used the handgun as a prop in the music videos he made.  Wade also admitted to selling drugs.

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

The sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito

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

The United States Attorney’s Office for the Western District of New York shares the public's concerns regarding the impact that this internal dispute within the Cayuga Nation of Indians has on the public safety of all members of our community. My Office, together with the Department of Justice—Office of Tribal Justice (DOJ-OTJ), and other DOJ components, is collecting information regarding the pre-dawn events of February 22, 2020, and assessing whether any violations of applicable law occurred. We are engaged in ongoing discussions with Department of Interior, Bureau of Indian Affairs (BIA), regarding both the circumstances giving rise to the incident, the incident itself, and potential responses.  In addition, we have requested the assistance of both BIA as well as DOJ's Community Relations Service (CRS) in the dispute. Across the Department of Justice, our paramount objective is the preservation of public safety. We will continue to work with our federal, state, and local partners in pursuit of that goal, as we do all that we can to ensure that all involved exhibit respect not only for applicable law—but for one another as well.

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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 Wayne Payne, 63 of Niagara Falls, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years, and a fine of $5,000,000. 

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between May 2017 and November 2017, the defendant conspired with Lavon Parks and others to sell cocaine in the Niagara Falls and Buffalo, NY areas.  Specifically, Payne drove Parks to meet with other individuals to perform drug transactions and to collect drug proceeds from lower-level distributors who worked for Parks.  Defendant also drove Parks to meet with out-of-state suppliers, who provided bulk quantities of cocaine which would be transported back to Niagara Falls for distribution.

On November 30, 2017, during a trip to Houston, Texas, the defendant, Parks, and Parks’ father, James Parks, were stopped for several traffic infractions. A subsequent consensual search of the rental vehicle revealed four packages of cocaine wrapped with plastic and duct tape concealed in the spare tire area.

Lavon and James Parks are currently charged in federal court with narcotics conspiracy and discharge of firearm causing death involving the murder of Kevin Turner.   The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; and the Lackawanna Police Department, under the direction of Chief James Michel.

Sentencing is scheduled for July 17, 2020, at 1:00 p.m. 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 Brittany Hutcherson, 28, of Lawrenceville, GA, pleaded guilty before U.S. District Judge John L. Sinatra Jr. to transfer of firearms to an out of state resident. The charge carries a maximum penalty of five years in prison and a fine of $250,000. 

Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on April 22, 2016, the defendant, a Georgia resident, purchased four firearms from Deaton’s Gun Shop, Inc. in Loganville, Georgia. Between April 22 and July 17, 2016, Hutcherson gave two of the firearms to an individual living in New York State who was a member of the BFL/CBL gang. The defendant knew the individual was a member of the gang and knew it would be unlawful for that individual to possess a firearm in New York State.

On July 17, 2016, Cheektowaga Police Officers conducted a traffic stop of the car Larell Watkins was driving. In the trunk of that vehicle was one of the firearms purchased by Hutcherson on April 22, 2016. Watkins was subsequently convicted for his role in the criminal activities of the BFL/CBL Gang.

On July 29, 2016, another one of the firearms purchased by the defendant was recovered by Buffalo Police Officers from Maurice Rice, another convicted CBL/BFL gang member.

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

Sentencing is scheduled for June 23, 2020, at 2:00 p.m. before Judge Sinatra.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larry D. Brodie, Jr., 38, of Lackawanna, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Justin L. Bish, who handled the case, stated that on April 4, 2019, a Lackawanna Police undercover officer contacted the defendant to arrange for a controlled purchase of heroin. Brodie then met with and sold the undercover officer approximately $100 of suspected heroin and $40 worth of crack cocaine.

At the time of his arrest, the defendant was on supervised release for a 2001 federal drug conviction. 

The sentencing is the result of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kyle Kamholtz, 33, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life in prison, and a $1,000,000 fine. 

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

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

The plea is the result of an investigation by 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. Deviot, New York Field Division.

Sentencing is scheduled for June 4, 2020, before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ray Davis, 30, of Rochester, NY, who was convicted following a jury trial of two counts of sex trafficking, one count of sex trafficking conspiracy, two counts of production of child pornography, and two counts of distribution of child pornography, was sentenced to serve 25 years in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Melissa Marangola and Meghan McGuire, who prosecuted the case, stated that in 2015, the defendant ran a sex trafficking operation with co-defendant, Marcus Brown. Davis and Brown preyed upon and exploited teenagers who were homeless and vulnerable, coercing them to engage in commercial sex acts.  

Davis and Brown worked together to take sexually explicit photos of the minor victims and post them on Backpage.com, an online classified advertisement website that was previously shut down by the Department of Justice.

Charges remain pending against Marcus Brown.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Federal Bureau of Investigation, Child Exploitation Task Force, 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging David Washington, a/k/a Dirty Dave, a/k/a Dirt, a/k/a Wavy Davey, 39, and Eleazar Martinez Medina, 50, with conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison.

In addition, David Burgin, 47, and Rodney Pierce, 32, were arrested and charged by complaint with conspiring to distribute 500 grams or more of cocaine. Defendant Burgin is also charged with maintaining a drug involved premises and possession of firearms in furtherance of drug trafficking crimes. If convicted, Rodney Pierce faces a mandatory minimum sentence of five years in prison and a maximum of 40 years; David Burgin faces a mandatory 10 years, and a maximum of life in prison.

Assistant U.S. Attorneys Laura A. Higgins and Timothy C. Lynch, who are handling the case, stated that the defendants were involved in a drug trafficking ring that stretched from Buffalo to California and involved cocaine, crack cocaine, 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, during which investigators seized six firearms, ammunition, a quantity of marijuana, over 7 ½ kilos of suspected cocaine and crack cocaine, over 2 kilograms of fentanyl, over $750,000.00 in cash, six traps—many of which were hydraulically operated, scales, and drug packaging materials.

David Washington was arraigned and is being held pending a detention hearing on February 27, 2020. Eleazar Martinez Medina was arraigned in California and will be returned to the Western District of New York at a later date. Defendants David Burgin and Rodney Pierce made initial appearances and were released on conditions.   

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.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that, following a six-week trial, a federal jury has convicted CBL/BFL Gang member Dalvon Curry, 23, of Buffalo, NY, of murder in aid of racketeering; racketeering and narcotics conspiracy; possession of firearms in furtherance of a crime of violence; and possession of firearms in furtherance of a drug trafficking crime. The charges carry a mandatory penalty of life in prison, and a $10,000,000 fine.  

Assistant U.S. Attorneys Paul C. Parisi and Seth T. Molisani, and Christopher O. Taylor, of the Department of Justice Organized Crime and Gang Section, who handled the prosecution of the case, stated that the defendant is a member of the CBL/BFL Gang which stands for, among other things, “Cash Been Long” and “Brothers for Life.” Identified as a “shooter” in the gang, Curry shot and killed rival gang member Jaquan Sullivan on December 5, 2015. He also shot and killed Xavier Wimes on January 1, 2017.

“Today’s verdict brings to an end the reign of terror by the CBL/BFL Gang that has tormented the residents living in the Towne Gardens Housing Complex for more than a decade,” stated U.S. Attorney Kennedy. “These residents deserve to live without the daily fear of drug deals, gunfire, and violence. Let this investigation and prosecution serve as a warning to any other group of individuals who any be thinking about picking up where this group left off, we will track you down, we will arrest you, and we will prosecute you. Period.”     

“For the FBI, community impact is our measure of success -- we need to improve the quality of life for the people who live and work in Buffalo,” said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “We will continue to pursue violent gangs through sustained, proactive investigations and federal prosecutions. And we will continue to stay involved with our community partners in an effort to prevent violent crimes before they happen.”

The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other controlled substances.

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. An attack on a member typically resulted in retaliation by all members of the gang. Members and associates also used social media, such as Facebook and Snapchat, to display gang affiliation, brandish firearms, display quantities of currency and narcotics, and show participation in violent acts. They also produced, sang, and appeared in music videos at locations in and around the gang's territory that promoted the enterprise and its activities.
 
In order to enforce the authority, members and associates maintained a ready supply of firearms. Certain members and associates carried and discharged firearms. These “enforcers” or “shooters,” retaliated with deadly force against threats of encroachment and violence, both actual and perceived, from rival gangs or individuals. CBL/BFL gang members also threatened witnesses who they suspected might testify or provide information to law enforcement about the crimes committed by the gang.

Twelve other CBL/BFL Gang members and associates were previously convicted in this case, they include:

• Shawn Woods, a/k/a Pif; • Michael Walker, a/k/a Yam; • Mikel Lowe, a/k/a L-O; • Aaron Mack, a/k/a Dean, a/k/a Deano; • Shameris Washington, a/k/a GB; • Maurice Rice, a/k/a Reese; • Miquise Jones, a/k/a Scaife; • Dajon Nettles, a/k/a Gucc; • Larell Watkins, a/k/a 90-Ls; • Larry Watkins, Jr.; • Larquon Watkins, a/k/a 90; and
• Rashad Rose, a/k/a Gotti.

The verdict 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; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

Sentencing will be scheduled at a later date before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case.  

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Garcia Rivero, 45, of Mt. Morris, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci, Jr. to conspiring to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that the defendant was the leader of a cocaine trafficking organization based in Mt. Morris, NY. Rivero obtained bulk quantities of powder cocaine to be distributed, at his direction, by a number of street level drug dealers as either powder or crack cocaine. The defendant would supply the street level drug dealers with pre-packaged quantities, which they would then sell to individual drug users.

Rivero was arrested by the FBI on February 20, 2019, as he arrived at JFK International Airport on a flight arriving from Colombia. Investigators located nearly 500 grams of powder cocaine hidden in the basement of the defendant’s residence on Chapel Street in Mt. Morris. Over $15,000 in cash was located at another premises utilized by the organization for its drug dealing activities.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Livingston County Sheriff’s Office and the Livingston County Drug Task Force, under the direction of Sheriff Thomas Dougherty; and the Livingston County District Attorney’s Office, under the direction of Gregory J. McCaffrey.

Sentencing is scheduled for May 22, 2020, at 3:00 p.m. before Chief Judge Geraci.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Maciejewski, 26, of Penn Yan, NY, who was convicted of possession of child pornography involving prepubescent minors, was sentenced to serve 24 months in prison and five years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant will also be required to register as a sex offender, and was ordered to pay $15,000 in restitution to the victims who were depicted in the images that he possessed.

Assistant U.S. Attorney, Kyle Rossi, who handled the case, stated that in May 2018, the Los Angeles office of the FBI executed a federal search warrant at a residence in Solvang, California. Special agents seized a number of electronic items containing child pornography. A resident at that address admitted to using social networking sites such as Kik and Live.me to trade child pornography with others via the Internet. Based on that information, investigators identified several individuals, including the defendant, who were actively involved in the child pornography trade.

The information was sent to the Corning Office of the FBI, who, with the assistance of the Penn Yan Police Department, identified Maciejewski as a substitute teacher for the Penn Yan Central School District. Special agents acted quickly to obtain search warrants and locate Maciejewski, who was ultimately interviewed at the school district’s offices. During the interview, the defendant confessed that he in fact traded child pornography using social networking sites, including a cloud storage service, “Mega,” which is located in New Zealand.

With the help of the New Zealand Department of Internal Affairs, investigators obtained the contents of Maciejewski’s Mega account, which contained hundreds of images and videos of child pornography. The defendant’s electronic devices were also forensically examined. In total, Maciejewski possessed more than 600 images and videos of child pornography, some of which depicted the sexual abuse of infants and toddlers.  

The sentencing is the result of an investigation by the Corning Office of the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert; the Penn Yan Police Department, under the direction of Chief Thomas Dunham; and the New Zealand Department of Internal Affairs.

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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 Rochester, NY, pleaded guilty to escaping from federal custody and to two counts of bank robbery before Chief U.S. District Judge Frank P. Geraci, Jr.  The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

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

On September 3, 2019, four days after absconding, Matzen robbed the Canandaigua National Bank at 210 Alexander Street in Rochester. The defendant 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 and Matzen fled the bank.

On September 19, 2019, Matzen robbed the Key Bank at 1185 University Avenue in Rochester. The defendant 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, as Matzen attempted to flee the bank, he was tackled and detained by two bank customers who held the defendant down until police officers arrived. 

The plea 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, under the direction of Marshal Charles Salina.

Matzen’s sentencing is scheduled for May 22, 2020, at 2:00 p.m. before Chief Judge Geraci. 

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert E. Tillard, 35, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm, and to possessing marijuana with intent to distribute it, before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary.

Sentencing is scheduled for May 26, 2020, at 3:00 p.m. before Chief 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 Salvatore Lippa II, 57, of Greece, NY, was arrested and charged by criminal complaint with threating to assault and murder a federal official on account of the performance of their official duties, and interstate communication of a threat.  The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.

According to Assistant U.S. Attorney Sean C. Eldridge, the criminal complaint alleges that on January 23, 2020, the Washington D.C. office of California Congressman Adam Schiff received a threatening voice mail that included a death threat to the Congressman.

On February 4, 2020, the Albany, NY, office of New York Senator Charles Schumer received a threatening voice mail that also contained a death threat to the Senator.

The threats were reported to the United States Capitol Police, Threat Assessment Section, which began an investigation. The telephone number that both the calls originated from was traced back to the defendant. When questioned by Special Agents from the United States Capitol Police, Lippa admitted to making the threatening calls to Congressman Schiff and Senator Schumer because he was upset about the impeachment proceedings.

“The rights secured in our Constitution carry with them certain responsibilities,” stated U.S. Attorney Kennedy. “When it comes to the First Amendment, that responsibility includes the obligation not to threaten to kill others. This Office will remain vigilant in our effort to uphold the rule of law and to reinforce the ideal that in America the entire concept of self-governance is fundamentally predicated on the responsibility that each of us has to control and govern our own behaviors.”

The defendant is scheduled to make an initial appearance this afternoon at 3:45 p.m. before U.S. Magistrate Judge Mark W. Pedersen.

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

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 Tammy Hoover, 41, of Niagara Falls, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine, was sentenced to serve 12 months and one day in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Laura A. Higgins and Misha Coulson, who handled the case, stated that between December 2016 and December 27, 2016, the defendant conspired with others to distribute cocaine in the Niagara Falls and Buffalo, NY, areas. 

Sometime in December 2016, Hoover agreed to receive delivery of a U.S. Postal Service parcel, which contained a quantity of cocaine, at her residence on North Avenue in Niagara Falls. The defendant did so at the request of co-conspirators, and expected a monetary payment in exchange for her role in taking the delivery and safeguarding the parcel.

Prior to delivery, the parcel was intercepted by the U.S. Postal Service and was searched pursuant to a federal search warrant. The parcel contained a large quantity of cocaine packaged within a plastic file box in five separately wrapped kilogram-sized bricks. The parcel was then repackaged with sham materials and a controlled delivery was conducted on December 27, 2016. Hoover received the package at her residence, and signed for it. The defendant was arrested at that time.  The parcel was recovered from within the residence.

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lattrell Terry, 25, of Rochester, NY, who was convicted of possessing with intent to distribute fentanyl, and possession of a firearm with an altered or obliterated serial number, was sentenced to 57 months in prison by U.S. District Court Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that during a routine search, members of the Monroe County Probation Department located drugs and drug packaging material in the defendant’s Rexford Street residence. As a result, probation officers reached out to Rochester Police officers who obtained a search warrant for the residence. During the search, officers recovered approximately 474 baggies of fentanyl and 92 baggies of heroin, all packaged for re-sale. Additionally, officers recovered a loaded semi-automatic pistol with a defaced serial number that had been reported stolen out of the State of Florida. Cocaine and marijuana were also located throughout the residence, as well as $3,316 in cash. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Paul E. Lubienecki, 62, of Hamburg, NY, was arrested and charged by criminal complaint with cyberstalking. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on February 4, 2020, a member of the Buffalo, NY media (the Victim), received a voicemail that contained a death threat. The Victim has been reporting on the Catholic Diocese of Buffalo clergy sex abuse scandal for the past two years, and on that day, the Victim reported that Christ the King Seminary was being closed by the Diocese.

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

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

The complaint is the result of an investigation by 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 Nilo Arnaldo Pena Delgado, 32, of Buffalo, NY, who was convicted of bank fraud, was sentenced to serve 12 months and one day in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that on March 19, 2019, the defendant cashed four counterfeit or altered checks totaling $30,680.89 drawn on the accounts of four different victims at financial institutions in the Western New York area. 

The plea and sentencing are the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, with assistance from the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr., and the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger.

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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 L. Silva, Jr., 25, of Rochester, NY, pleaded guilty to possession of a firearm in a school zone before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a $100,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on May 12, 2019, the defendant possessed a loaded firearm while he was within 1,000 feet of the grounds of Benjamin Franklin High School in Rochester. Silva passed by the school on his way to the Wal-Mart on Hudson Avenue in Rochester.

While the defendant was at Wal-Mart, store security officers observed him stealing clothing. They stopped Silva and recovered a .22 caliber revolver with a defaced serial number in his sweatshirt pocket. Although the gun was not functional, it was loaded with nine rounds of ammunition.

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

The plea is the result of an investigation by the Rochester Police Department, under the direction of 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 May 4, 2020, at 11:00 a.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julian Brown, 47, of Buffalo, NY, who was convicted of distribution of crack cocaine, was sentenced to serve 30 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that on February 16, 2018, the defendant supplied his co-defendant, Andre Honeycutt, with a quantity of crack cocaine. Honeycutt in turn sold the drugs to an individual working with the Drug Enforcement Administration. Brown also supplied crack cocaine on two other occasions during the investigation.

Andre Honeycutt was previously convicted and sentenced.

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

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

By: James P. Kennedy, Jr., U.S. Attorney for the Western District of New York
      Geoffrey S. Berman, U.S. Attorney for the Southern District of New York,       Richard P. Donoghue, U.S. Attorney for the Eastern District of New York,       Grant C. Jaquith, U.S. Attorney for the Northern District of New York, and

While the New York State Green Light Law provides undocumented aliens the opportunity to obtain New York State Driver Licenses, a less heralded – though perhaps more impactful – provision of the statute prevents the New York State Department of Motor Vehicles (DMV) from sharing information with any agency that enforces immigration law.  Unfortunately, this provision has a much broader adverse effect on law enforcement and public safety.

The United States Department of Homeland Security (DHS) is responsible for protecting us from terrorism, securing our borders while facilitating lawful travel and trade, and combating a host of crimes that threaten our safety and security.  The Green Light Law impedes Homeland Security’s ability to conduct active criminal investigations involving citizens and non-citizens who are lawfully present in the United States, not just those who are undocumented. On a daily basis, Homeland Security agents and officers – including sworn law enforcement officers who work for Homeland Security Investigations (HSI), Customs and Border Protection, the U.S. Border Patrol, and Enforcement and Removal Operations (ERO) – use Department of Motor Vehicles information to assist them in stopping transnational criminal organizations, cybercrime, and offenses involving drug trafficking and money laundering; murder, sexual assault, and other crimes of violence; racketeering and extortion; the illegal use and possession of firearms; economic espionage, telemarketing fraud, and elder fraud; human trafficking; and child exploitation, as well as illegal immigration.

Like other federal, state, local, and tribal law enforcement officers, DHS agents seek New York State DMV information for a variety of purposes, including: (1) to obtain identification, address, and vehicle registration information for individuals committing crimes; (2) to identify and apprehend dangerous defendants and fugitives wanted by state or federal authorities; (3) to conduct surveillance of individuals suspected or known to be engaged in the commission of crimes; (4) to establish the probable cause necessary to secure search and arrest warrants; (5) to identify crime victims and potential crime victims; (6) to identify the proceeds of crime to increase the amount of restitution recoverable for crime victims; (7) to make informed determinations regarding whether, when, where, and how to stop a vehicle, to minimize the risk to occupants, officers, and others; and (8) to assist in determining whether to grant individuals presenting themselves at ports of entry admission into the United States. 
 
The disturbing truth is that under the newly enacted statute, the Customs and Border Protection Officers working today at New York’s 13 ports of entry – which include both the busiest port on the entire northern border of the United States (the longest land border in the world), and the busiest international air passenger gateway into North America – are unable even to check the registration or the driver’s license status of individuals presenting themselves for admission into our country. Border Patrol Agents, who secure the border between the ports of entry, likewise can no longer check vehicle or driver’s license information.  Forcing officers who serve as our nation’s frontline defense against dangerous criminals entering the country to make these important determinations in the dark dramatically diminishes the safety of all.  Ensuring that HSI Agents and ERO officers must blindly interact with people who may be terrorists or other violent criminals, drug dealers, human traffickers, or child predators likewise poses a grave risk to the safety of the officer, the person, and the public.  In most instances, there simply is no time to pause the situation to obtain a court order or judicial warrant.

Prohibiting basic information sharing between New York State and federal law enforcement agencies means that more criminals will enter and roam freely in our state and nation; undermines the cooperative relationships between federal, state, local, and tribal law enforcement; thwarts and curtails investigations into serious crimes; and jeopardizes the safety of all of the inhabitants of our great country.  Our citizens, lawful permanent and temporary residents, visitors, and undocumented immigrants deserve better, and so do those who serve and protect them. Restoring collaboration and information sharing furthers our effort to secure justice for all, preserve public safety, protect individual rights, and promote due process, bringing us ever closer to a sanctuary built on the rule of law and fairness for everyone.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cody Clarke, 27, of Fairport, NY, pleaded guilty to distributing child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a fine of up to $250,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that on May 20, 2018, Clarke distributed child pornography using the KIK Messenger application on his smartphone. The defendant’s phone was later seized and found to contain approximately 1580 images and 51 videos of child pornography, including images depicting sadistic conduct and the sexual abuse of infants and toddlers.

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

Sentencing is scheduled for May 14, 2020, at 9:15 a.m., before Judge Siragusa.

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