Western District of New York

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Luis Matias, of Buffalo, 29, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, butyryl fentanyl, was sentenced to serve 70 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that in July 2017, law enforcement officers developed information that the defendant was distributing large quantities of butyryl fentanyl in the Buffalo area.

During the investigation, a confidential source and undercover officers were used to conduct controlled purchases from Matias. 

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Ferrone, 28, of Utica, NY, was arrested and charged by criminal complaint with three counts of bank robbery. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that the criminal complaint alleges that the defendant committed three bank robberies:

• On August 20, 2019, Ferrone robbed the Bank of America, located at 5091 Broadway in Depew, NY; • On October 31, 2019, Ferrone robbed the Chase Bank, located at 6 Spencerport Road in Gates, NY; and
• On December 17, 2019, Ferrone robbed the M&T Bank, located at 625 Panorama Trail in Penfield, NY.

In each of the three robberies, the defendant was wearing a high-quality latex mask that covered his face, and handed the tellers notes demanding money. 

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

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

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being detained.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a one-count indictment charging Mark Rogers, 36, Joseph Way, a/k/a Gus, 34, and Tashara Levans, 35, all of Rochester, NY, with kidnapping of a federal employee. The charge carries a maximum penalty of life in prison.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that the indictment alleges that Rogers, Way, and Levans kidnapped a U.S. Postal Service employee in the City of Rochester on November 16, 2019.

The defendants were arraigned before U.S. Magistrate Judge Mark W. Pedersen and are being held pending detention hearings.   

The indictment is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kayla Dade, 20, of Rochester, NY, who was convicted of Hobbs Act Robbery, was sentenced to serve 31 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on January 23, 2019, the defendant drove co-defendants Lavon Wims and Malik Lott to the vicinity of Jordy’s Spirits at 3725 Dewey Avenue in Greece, NY. Dade waited in the car while Wims and Lott entered Jordy’s Spirits. Once inside, Wims pointed what appeared to be a handgun at a store employee and demanded money. Lott assisted Wims in removing cash from the register, and they left with approximately $350. Wims and Lott then returned to Dade’s car, and she drove them away from the area of the robbery. The defendant knew that Wims had committed robberies prior to January 23, 2019, and previously possessed a firearm.  

Co-defendants Lott and Wims were previously convicted and sentenced for their roles in the robbery at Jordy’s Spirits, as well other robberies in the Rochester area.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Rochester Area Major Crimes 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 Anthony McIntyre, 37, of Rochester, NY, who was convicted following a jury trial of possession with intent to distribute cocaine, and who subsequently pleaded guilty to being a felon in possession of a handgun and ammunition, was sentenced to serve 86 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorneys Sean C. Eldridge and Cassie M. Kocher, who handled the prosecution of the case, stated that on December 1, 2017, Rochester Police officers attempted to stop a vehicle that was being driven by the defendant on Dewey Avenue after seeing the driver commit a traffic violation. As officers attempted to stop the vehicle, McIntyre pulled into a driveway on Ravine Avenue, got out of the vehicle, and ran.  While the defendant was running, he removed from his waistband a .45 caliber semi-automatic handgun that had a defaced serial number and was loaded with five rounds of ammunition.  McIntyre threw the gun in a garbage can, as he continued to run from officers.  He was taken into custody after a brief, block-long chase.   

While searching the defendant, officers also found approximately 93 grams of cocaine, a quantity of marijuana, and $2,746 in his pants and jacket pockets. 

On April 10, 2007, in U.S. District Court, McIntyre was convicted of being a felon in possession of a firearm, and was sentenced to serve 78 months in prison. As a result, the defendant was legally prohibited from possessing a gun on December 1, 2017. 

In addition to convicting defendant of the aforementioned charges, the jury also found McIntyre guilty of possessing marijuana.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick Sileo, 62, of Las Vegas, Nevada, was arrested and charged by complaint with fraud in connection with identification documents. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that on November 11, 2019, an undercover HSI Special Agent (UCA) was contacted online by the defendant who was utilizing the email address tony.traveller@protonmail.com. Sileo inquired about purchasing a fraudulent passport and stated that he found the UCA's email address on a website known to law enforcement that advertises the sale of various illegal products, such as fraudulent identity documents, drugs, and counterfeit goods, among other illicit items. The UCA posed as a seller/online vendor of fraudulent documents.        

The defendant told the UCA that he was a U.S. citizen currently located in the United States who had returned from Southeast Asia “some” months ago. He further stated that he had a United States passport that would be expiring in one week and that the Internal Revenue Service had blocked it from being renewed.

The following day, on November 12, 2019, Sileo told the UCA that he would use it to travel to Southeast Asia, and that it would be his primary identity document. He also asked for clarification on the process of purchasing the document. The UCA explained that defendant needed to make the purchase online, then send the UCA biographical information, a facial photograph, and signature to be placed on the fraudulent passport. The UCA would, in turn, create a document utilizing the information.

On November 23, 2019, tony.traveller@protonmail.com ordered a United Kingdom passport with the UCA, placing $3,585.00 in escrow on the dark web website for the purchase of the document. The defendant provided the UCA with a copy of a facial photograph, as well as fictitious information to be placed on the passport. On December 6, 2020, the defendant advised the UCA where to mail the passport to in Las Vegas, Nevada. 

The defendant was arrested in Nevada and returned to the Western District of New York. Sileo made an appearance before U.S. Magistrate Judge Michael J. Roemer and is being held.  

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Harvey, 56, of Forestville, NY, who was convicted of possession of child pornography, was sentenced to serve 96 months in prison and 25 years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that on May 16, 2016, the defendant possessed 37 videos and 51 images of child pornography. Some of the images included prepubescent minors, and depictions of violence.

In addition, between January 16 and May 14, 2016, the defendant exchanged text messages with another man in which they discussed child pornography. During those text exchanges, Harvey distributed and received images of child pornography.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Raison Holt, 25, of Buffalo, NY, with high speed flight from border checkpoint, and failure to present vehicle for inspection. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, on January 20, 2020, the defendant intentionally fled the checkpoint at the Lewiston Queenston Bridge, in Lewiston, NY, in excess of the legal speed limit. In doing so, Holt failed to report the arrival and present said vehicle, and any person and merchandise on board, for inspection to a Customs and Border Protection officer. CBP Officers subsequently pursued Holt and apprehended him. 

The defendant will be arraigned at a later date.

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

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 James Smalley, 42, of Penn Yan, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to falsifying inspection reports for space parts. The charge carries a maximum penalty of 15 years in prison and a $500,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant was a Quality Assurance Engineer at PMI Industries, LLC, a Rochester aerospace precision machining service, specializing in high-tolerance machining for flight critical aerospace parts used to build space flight vehicles by SpaceX and other Department of Defense aerospace contractors. Smalley began his employment at PMI on March 6, 2017, working on contracts for SpaceX, which developed the Falcon launch vehicle family and the Dragon spacecraft family. Falcon and Dragon both currently deliver payloads into Earth orbit for NASA, the Air Force, other United States government agencies and private industry. SQA Services, Inc. (SQA) is a subcontractor to SpaceX, and provides multiple quality assurance functions within the aerospace and defense manufacturing industries.
In January 2018, an internal audit by SQA Services, Inc. (SQA), at the direction of SpaceX, revealed multiple falsified source inspection reports and non-destructive testing (NDT) certifications from PMI Industries, LLC, for Falcon 9 and Falcon Heavy flight critical parts. SpaceX notified PMI of the anomalies. Source inspections and NDT are key tools used in the aerospace industry to ensure manufactured parts comply with quality and safety standards.

Specifically, the signed source inspection report had a forged signature of the SQA inspector. SpaceX and SQA officials believed the signature of the inspector was photocopied and cut and pasted onto the source inspection report with a computer.

On February 16, 2018, the NASA Launch Services Program alerted the NASA Office of Inspector General (OIG), and Kennedy Space Center (KSC) Resident Agency, regarding the falsified source inspection reports and false NDT certifications created by PMI. Some of the false source inspection reports and false NDT certifications were related to space launch vehicle components that, at the time of discovery, were to be used for the upcoming Transiting Exoplanet Survey Satellite (TESS) mission, which launched from a SpaceX Falcon 9 rocket on April 18, 2018.

The investigation has identified that Smalley, while an employee of PMI, falsified at least 38 source inspection reports for space vehicle parts procured by SpaceX for the construction of the Falcon 9 and Falcon Heavy series of space vehicles.  The investigation has also identified at least 76 individual piece parts that were rejected during source inspection or were never inspected by SQA, then subsequently shipped to SpaceX.

A records request from SpaceX identified seven NASA space flight missions, two United States Air Force space flight missions, and one National Oceanic and Atmospheric Administration (NOAA) space flight mission that were affected by parts purchased by SpaceX from PMI.

Subsequently, SpaceX terminated its business relationship with PMI averaged approximately $200,000 per month from the business with SpaceX, as a disqualified supplier. PMI subsequently closed its operation.

“With space representing our nation’s next frontier, my office will remain vigilant to ensure that American ingenuity does not fall victim to indolence,” noted U.S. Attorney Kennedy. “Failure to comply with quality control measures undermines the integrity of essential equipment and technology.”

The plea is the result of an investigation by the NASA Office of Inspector General, under the direction of Special Agent-in-Charge John Corbett, Central Field Office; the Air Force Office of Special Investigations, under the direction of Special Agent-in-Charge Wendell W. Palmer, Office of Procurement Fraud; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Delshawn K. Trueheart, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to production of child pornography. Production of child pornography carries a mandatory minimum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that on March 20, 2019, investigators reviewed an SD memory card seized from Trueheart’s residence during the execution of a federal search warrant. The SD card contained a video shot by the defendant which showed Victim 1 naked in the defendant’s East Delavan Avenue photography studio.

In 2019, Victim 1 reported to the Buffalo Police Department that Trueheart had a sexual relationship with her while she was between approximately 15 and 17 years of age.

The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Buffalo Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for June 8, 2020, at 3:00 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 Kwesi Noble, 25, of Rochester, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 87 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that Noble illegally sold three firearms, two of which were loaded, to an individual in exchange for money in July 2019. The defendant was armed with a fourth gun, a loaded 9mm handgun, at the time of his arrest, which he threw over a fence as he fled from police. 

Noble was previously convicted in March 2013 for Criminal Possession of a Weapon in the Second Degree, and as a result is legally prohibited from possessing firearms. 

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

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

BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a three count indictment charging Peter Hingston, 59, of Amherst, NY, with two counts of production of child pornography and one count of possession of child pornography. The charges carry a maximum penalty of 70 years in prison. 

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the indictment, between September 2018, and June 17, 2019, the defendant used two minor victims to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. In addition, Hingston possessed a GoPro HERO4 digital camera containing an SD card that contained images of child pornography.

According to a previously filed complaint in the case, in June 2019, the Federal Bureau of Investigation learned the Buffalo Police Department was investigating an incident related to the possible production of child pornography involving Hingston. The report alleged that the middle school technology teacher was observed using a GoPro camera to photograph or record female students in a sexually inappropriate way. Multiple students came forward regarding Hingston’s use of the GoPro during class. 

The defendant was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and continues to be detained.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Town of Tonawanda Police Department, under the direction of Acting Chief James P. Stauffiger.

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

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Crystal King, 32, of the Akwesasne Mohawk Indian Reservation, pleaded guilty before U.S. Magistrate Judge Marian W. Payson, to distribution of contraband cigarettes. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that the defendant worked with others to acquire “cut rag tobacco” which would be used to manufacture contraband cigarettes. Monies to purchase the cut rag tobacco were wired from Rochester, NY to CanStar International Inc., a tobacco broker, in the state of Florida. The cut rag tobacco was subsequently obtained from a tobacco distributor located in the state of North Carolina.     

In October 2018, King directed that a shipment of cut rag tobacco be sent to individuals who the defendant knew were manufacturing and distributing unlicensed cigarettes on and from the Akwesasne Mohawk Indian Reservation, which is located in the Northern District of New York. On October 18, 2018, law enforcement officers stopped a pickup truck, towing an enclosed gray trailer, shortly after leaving the reservation. A search of the trailer located approximately 3,000,000 contraband cigarettes wrapped in plastic bags. None of the cigarettes bore a New York State tax stamp or other evidence of the payment of applicable New York State cigarette taxes. Under New York law, tax stamps are required on all cigarettes that enter the stream of commerce in New York State. 

King admits that she knowingly assisted others in evading approximately $150,990 in federal excise taxes and $652,500 in New York State sales taxes related to the manufacture, possession and distribution of illegal contraband cigarettes. 

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

Sentencing is scheduled for April 30, 2020, at 12:00 p.m. before U.S. District Judge Charles J. Siragusa.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jeremy Hernandez, 30, of Rochester, NY, was arrested and charged by criminal complaint with producing child pornography. The charge carries a minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi who is handling the case, stated that according to the complaint, the National Center for Missing and Exploited Children (NCMEC) received information from an electronic service provider that a user had uploaded several images of child pornography to a blog on the provider’s platform. As a result of that information, the New York State Police identified and located the source of the child pornography at an address in Rochester. 

The complaint further states that on October 24, 2019, a search warrant was executed at the residence. Hernandez was present at the time. Investigators seized several digital devices, including two cellular phones that belonged to the defendant. A forensic analysis recovered images and videos on the phones, which depicted Hernandez sexually abusing a minor under 13 years old on multiple occasions between 2017 and 2019. The child has since been identified and located. 

The defendant made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing on February 13, 2020, 2:30 p.m.  

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services, under the direction of Director Kathy Cardilli; the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. 

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Gfeller, 35, of Palmyra, NY, pleaded guilty to producing child pornography, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a minimum penalty of 15 years in prison, a maximum of 30 years, a lifetime period of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on February 12, 2019, Homeland Security Investigations in Buffalo received information, from an international law enforcement network, that child pornography had been recovered by authorities in various countries, including Germany, Belgium, Italy, Portugal, and France, which had possibly originated in Western New York. The child pornography depicted a prepubescent minor.

With assistance from the Royal Canadian Mounted Police, Homeland Security Special Agents used data associated with the images to locate the residence where the images were produced. The victim was located. On March 1, 2019, investigators executed a search warrant at the defendant’s residence and arrested Gfeller for producing the child pornography.   

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, with assistance from the Royal Canadian Mounted Police and the New York State Police. 

Sentencing is scheduled for May 4, 2020, at 9:30 a.m. before Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Humby, 31, of Rochester, NY, who was convicted of possession of child pornography involving prepubescent minors, after having sustained a conviction for child sexual abuse, was sentenced to serve 10 years in prison, and 10 years of supervised release, by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Humby was convicted of sexually abusing three minors in Monroe County in 2008, and sentenced to serve 108 months in prison. The defendant was released to parole supervision in 2016.  On August 24, 2018, while conducting a routine search of Humby’s residence, New York State Parole Officers discovered the defendant to be in possession of a cellular phone, in violation to his parole conditions. Humby was taken into custody and the phone was turned over to the FBI. A forensic analysis recovered images of child pornography on the phone. 

The sentencing is the result of an investigation by members of New York State Parole, under the direction of Acting Commissioner Anthony J. Annucci; the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nana Dwomah Yeboah, 36, a citizen of the Republic of Ghana, pleaded guilty, before U.S. District Judge Charles J. Siragusa, to assaulting a federal officer and possession of a controlled substance. The charges carry a maximum sentence of eight years in prison, and a $250,000 fine.

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

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

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

Sentencing is scheduled for May 7, 2020, before Judge Siragusa. 

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Devincio K.D. James, 30, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, was sentenced to serve 87 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between July 2017 and September 29, 2017, the defendant conspired with others to distribute cocaine in the Niagara Falls area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa.

James was a mid-level distributor of cocaine for Rivera-Figueroa. James picked up the cocaine from either Rivera-Figueroa or another co-defendant, then sold it in Niagara Falls. On September 29, 2017, James was arrested inside his residence at 1080 99th Street in Niagara Falls. Investigators searched the residence and recovered approximately $29,260 in U.S. currency; a loaded 20 gauge shotgun; 23 live 20 gauge shotgun shells; and five digital scales.

A total of 12 defendants were charged and convicted in this case. James is the seventh defendant to be sentenced. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Bassett, 43, of Rochester, NY, who was convicted of filing a false tax return, was sentenced to serve six months in prison and six months home confinement by U.S. District Judge Elizabeth Wolford.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant owned and operated a paving and sealing company, which provided both personal and commercial sealing and paving services in the Rochester area. After receiving payment for services provided, Bassett failed to deposit all of the business income into the business bank account. The defendant would cash some business checks but failed to place them into the banking system.

Bassett did not advise his tax return preparer that he had cashed numerous business checks. As a result, the defendant knowingly caused the preparation of false personal income tax returns. For the years 2012 through 2015, Bassett failed to report approximately $1,704,873.89 in income on his tax returns, which resulted in the defendant failing to pay approximately $378,331 in taxes to the Internal Revenue Service. The defendant has paid back that amount to the IRS, but still owes more than $400,000 in penalties and interest.  

The defendant also, in the course of failing to report all of his gross income from his sealing and paving business, failed to withhold taxes from his employees’ wages, did not provide his employees with Form W-2s, and did not report this on any other return required to be filed with the Internal Revenue Service.

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

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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 Christopher Dillon, 55, of Lancaster, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 52 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $5,245,862. 

Assistant U.S. Attorneys Douglas A. Penrose and MaryEllen Kresse, who handled the case, stated that between May 2010 and November 2013, Dillon conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Dillon and co-conspirator Gilbert Lynagh formed two companies – i2i Capital LLC and i2i Settlement Partners LLC – which were incorporated in Delaware but listed a business address in Lancaster, NY.

Thereafter, Dillon, Lynagh, and other members of the conspiracy caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Victim funds were wire transferred from the victim’s bank accounts to bank accounts controlled by Dillon and Lynagh at Alliance Bank in Oneida, NY.

The majority of victim funds were utilized by Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Dillon, Lynagh, and other members of the conspiracy. As a result, at least five investors suffered substantial financial hardship by losing retirement or other savings or investment funds. 

Gilbert Lynagh was convicted for his role in the conspiracy in July 2016. Another co-conspirator, Leonard Smith, was convicted for his role in the scheme in August 2019 and is awaiting sentencing. 

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kwashie Ajavon, 33, of Greece, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute crack cocaine and being a felon in possession of a firearm and/or ammunition. The charges carry a maximum penalty of 20 years in prison and a $1,000,000.

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

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

The 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.

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.

Sentencing is scheduled for April 30, 2020, at 9:15 a.m. before Judge Siragusa.

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Campbell, 33, formerly of Albion, NY, now living in North Carolina, who was convicted of possession of child pornography, was sentenced to serve 78 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated in July 2018, an individual contacted the Orleans County Sheriff's Office after discovering a disturbing video on a desktop computer that belonged to the defendant. The witness and Campbell lived together on and off and Campbell left the computer at the residence when he was made to vacate the residence by the witness in June 2018. In addition to the desktop computer, Witness 1 also turned over a laptop computer and hard drive.

A forensic analysis of the desktop, laptop, and hard drive revealed more than 65 image files and more than 20 videos containing child pornography. Some of the images depicted the sexual abuse or exploitation of an infant or toddler, and other depictions of violence.

The sentencing is a result of an investigation by the Orleans County Sheriff's Office, under the direction of Sheriff Randy Bower, and the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert.

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By:

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
James P. Kennedy, Jr., U.S. Attorney for the Western District of New York

Fentanyl, while providing great help and hope to those suffering from chronic pain throughout the United States, has also been the cause of tragic suffering and death for hundreds of thousands of people.

Synthetic opioids such as fentanyl and its chemical variants or analogues are significantly more potent and lethal than heroin.  Carfentanil, for example, is an analogue of fentanyl that is approximately 100 times more potent than fentanyl and approximately 1,000 times more potent than heroin.  Its commercial uses include serving as a tranquilizer for large animals such as elephants and rhinoceroses.  Even the tiniest amount of a fentanyl analogue – just a few grains, less than an eighth the size of a penny – can be fatal to humans.

Over the past decade, each of our offices has charged large-volume illegal distributors of potentially lethal fentanyl.  And yet, the death toll continued to rise because drug trafficking cartels responded to our enforcement efforts by manufacturing equally and even more dangerous analogues of fentanyl. 

To address this deadly trend, the Drug Enforcement Administration (DEA) began using its scheduling authority – that is, its authority to designate substances as illegal narcotic drugs – to criminalize the distribution of particular synthetic analogues of fentanyl.  The response of criminal syndicates, motivated by the high profitability of the trade in potentially lethal fentanyl analogues, was to alter the formulation of a particular prohibited analogue so that it fell outside the ban, which could sometimes be accomplished by changing a single molecule in the drug’s chemical composition. 

Each time that new formulation was prohibited, the criminal producers would come up with a new analogue with a chemical formula that again fell outside the ban. 

In February 2018, the DEA instituted a two-year ban on all fentanyl analogues to obviate the continual race to keep up with criminal producers.  That ban has played an essential role in each of our offices’ efforts to combat the opioid epidemic, and to prosecute large-scale distributors responsible for peddling deadly fentanyl analogues in our communities.

Unfortunately, the DEA ban on fentanyl analogues will end on February 6 unless Congress acts.  We urge Congress to pass a bill that ensures the permanent class-wide scheduling of fentanyl analogues. We are confident Congress can accomplish this without impeding responsible medical research or interfering with medically necessary prescriptions.

A number of organizations have voiced opposition to the proposed legislation, pointing out, among other things, that the bill does not embrace public health approaches to the overdose crisis.
 
We agree that a comprehensive approach to the opioid crisis is needed, and permanent class-wide scheduling should be viewed as part of a broader program.  But a bill banning fentanyl analogues should not be opposed because it doesn’t also address addiction treatment.  Outlawing fentanyl analogues will save lives.

We urge Congress to make permanent the DEA’s temporary scheduling order for fentanyl analogues.

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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 Joshua Sattora, 35, and Rebecca Woodin, 34, both of Rochester, NY, were arrested and charged by criminal complaint with production, receipt, distribution, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years in prison.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the National Center for Missing and Exploited Children received a CyberTipline Report indicating that a Dropbox user, later identified as defendant Joshua Sattora, was in possession of child pornography. A search warrant was then executed at Sattora’s Rochester residence. Investigators seized multiple electronic devices that contained thousands of images and videos of child pornography. Investigators also seized Sattora’s cell phone which contained a series of a series of text message conversations between Sattora and an individual later identified as Rebecca Woodin. 

In those text messages, the defendants discussed their mutual interest in child pornography and their desire to have sexual contact with children in general. They also discussed at length their desire to have sexual contact with Minor Victim 1 in particular. Minor Victim 1 was either five or six years old during the course of the alleged conduct and was known to defendant Woodin. Sattora and Woodin talked in sexually explicit language about Minor Victim 1. Woodin also sent Sattora naked pictures of Minor Victim 1. 

The defendants also exchanged explicit text messages about a second victim, Minor Victim 2.

Sattora also sent Woodin a screen shot of a document entitled “The Pedophile's Handbook.” Sattora wrote “yeah goes into detail about everything from how to find a girl to how to groom her to making sure she stays quiet afterwards.”

The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and were held pending a detention hearing. Woodin’s detention hearing will take place on January 30, 2020; Sattora’s detention hearing has not yet been scheduled.

The complaint is a result of an investigation by the Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Eric Laughton; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

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 Felix Figueroa, 40, of Rochester, NY, who was convicted of possession with the intent to distribute 40 grams or more of fentanyl, was sentenced to serve 96 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that during the course of a lengthy investigation, the defendant sold cocaine and heroin on several occasions to an individual working with investigators. On January 29, 2018, investigators executed a search warrant at Figueroa’s home, and recovered a quantity of fentanyl and cocaine, 199 bags of heroin, 154 decks of heroin, 576 bags of cocaine, as well as items commonly used in the packaging and distribution of illegal drugs, such as a scale, baggies, cutting agent, and approximately $2,108 in cash.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, 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 Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief David Catholdi; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Luis R. Tafoya.

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Parris, 39, currently of Atlanta, GA, formerly of Rochester, NY, was arrested and charged by criminal complaint with conspiracy to commit mail fraud, mail fraud, and conspiracy to engage in money laundering. The charges carry maximum penalty of 20 years in prison and a $500,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Parris and his partner, Perry Santillo, doing business as Lucian Development, headquartered in Rochester, NY, operated an investment fraud Ponzi scheme from approximately January 2012 to June 2018. The Ponzi scheme defrauded approximately 1000 investors out of at least $115,500,000.

The investment offerings pitched by Parris and Santillo consisted principally of unsecured promissory notes and preferred stock issued by various entities that they controlled.  Potential investors were offered an array of investment options to create the illusion of a diversified investment portfolio.  Those investment options included products issued by purported issuers such as First Nationle Solutions (FNS), Percipience Global Corporation, United RL Capital Services, Boyles America, Middlebury Development Corporation, and NexMedical Solutions, among others.  None of those issuers had substantial bona fide business operations or used investor money in the manner and for the purposes represented to investors.  To the extent that an issuer may have had some minor legitimate business activities, it was not profitable and insufficient revenues were generated to pay investors any returns (let alone return the principal amounts of their investments).

Over the years, to keep the Ponzi scheme from being detected, a substantial portion of incoming new investor monies were depleted by making promised interest and other payments to earlier investors. Most of the rest of incoming investor money was used to finance lavish lifestyles of the conspirators, their families and associates; to expand the scheme by purchasing investment advisor/brokerage businesses to obtain access to fresh investors; and to pay operating expenses – salaries for a sales force and administrative staff, office rents and related expenses, housing for employees, and interest on loans—all of which were in furtherance of keeping the scheme going and maintaining a façade of legitimate business operations.

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released pending further proceedings.

Perry Santillo previously pleaded guilty for his role in the scheme and is awaiting sentencing.

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert, and FBI Scranton Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge, New York Region; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; and the Securities and Exchange Commission.

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 Joseph Licata, 52, of Buffalo, NY, was charged by criminal complaint with bank robbery. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, on January 21, 2020, the defendant entered the M&T Bank branch on Grant Street in Buffalo, and passed a demand note to the victim-teller. The note threatened the teller if the teller did not give him cash.  The victim-teller complied and gave Licata U.S. currency. Later that same day, law enforcement officers arrested the defendant and found him in possession of currency taken during the robbery.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained.  In 2011, Licata also committed bank robbery in Buffalo, and was sentenced to serve 120 months in prison. 

The complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael T. Blajszczak, 53, of Clarence, NY, pleaded guilty to possession of a firearm by a person subject to a domestic violence order of protection before U.S. Magistrate Judge Michael J. Roemer. The charge carry a maximum penalty of 10 years in prison and a 250,000 fine.

Assistant U.S. Attorney Emmanuel O. Ulubiyo who is handling the case, stated that a domestic violence order of protection was issued in Cheektowaga, NY, Town Court against the defendant on April 27, 2019, with an expiration date of October 27, 2019. As a result of the order, Blajszczak was prohibited from possessing any firearm during that time period. On May 2, 2019, the defendant knowingly possessed a .22 caliber rifle and 11 rounds of ammunition.

“Recently, Attorney General Barr announced the Project Guardian initiative, which is intended to strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners better to target offenders who use guns in crimes and those who try to buy or possess guns illegally,” stated U.S. Attorney Kennedy. “This prosecution is brought in furtherance of that initiative and provides an example of how the federal government will work side-by-side with local law enforcement to ensure that individuals who should not have guns will face federal prosecution if they seek to do so.”  

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

Sentencing will be scheduled at a later date.

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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 Carlos Cruz-Garcia, 37, of Rochester, NY, who was convicted of conspiring to distribute, and possessing with intent to distribute, cocaine, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 87 months in prison U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that between 2015 and September 27, 2018, the defendant conspired with others to distribute cocaine, shipped in the mail from Puerto Rico, in the Rochester area.

On September 27, 2018, Cruz-Garcia received a package containing approximately 500 grams of cocaine at his place of employment, “The Landing of Brighton,” on Westfall Road in Rochester. The defendant took the package to his residence, where law enforcement officers arrested Cruz-Garcia and seized the package. The cocaine was secreted inside of an electronic device.

The defendant also helped launder tens of thousands of dollars for the drug conspiracy in an attempt to conceal the conspiracy’s money. At the time of Cruz-Garcia’s arrest, law enforcement officers found a loaded Glock .40 caliber pistol, which the defendant possessed in connection with the drug conspiracy.

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; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Greece Police Department , under the direction of Chief Patrick D. Phelan; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; Ontario County Sheriff’s Office, under the direction of Sheriff Kevin M. Henderson; and the New York State Police, under the direction of Major Eric Laughton.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Torin Finver, 55, of Hamburg, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to importation of a controlled substance. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
 
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on November 21, 2018, Customs and Border Protection officers examined a parcel at the Chicago, Illinois, post office addressed to “T Finver,” with a residence in Hamburg, NY. The parcel was from Germany and the sender information was fictitious. The package field tested positive for cocaine.
 
Subsequently, two similar packages addressed to the defendant sent from California were located by U.S. Postal Inspection Service Inspectors in Rochester. One of the packages field tested positive for heroin, the other contained cocaine.
 
On December 15, 2018, during review of incoming mail in Hamburg, Postal Inspectors located a fourth parcel addressed to “T Finver.” On December 17, 2018, Special Agents with Homeland Security Investigations arranged for a controlled delivery of the parcel. A U.S. Postal Inspector acting in an undercover capacity delivered the parcel and other mail addressed to “Torin FINVER.” After knocking on the front door, the Postal Inspector encountered the defendant and handed over the parcel and the mail. Finver was arrested at the scene.
 
During an interview with investigators, the defendant stated that he ordered “dark web” packages of heroin and cocaine from the Dream Market marketplace, seven times over two months. Finver used Bitcoin to pay for the narcotics.
 
“While Dr. Finver’s situation sadly illustrates just how powerful the disease of addiction can be,” stated U.S. Attorney Kennedy, “this prosecution is in furtherance of the national consensus—expressed in the federal law—which recognizes that the importation of illegal drugs is wrong and that their use is something that is also wrong and deeply destructive (as opposed to a choice like any other). While we fully support the continued expansion of treatment and prevention efforts, this Office will steadfastly uphold the rule of law, and in so doing, we will continue to seek to instill a sense of optimism which rejects the inevitability of addiction.”
 
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin. Additional assistance was provided by U.S. Customs and Border Protection in Chicago, Illinois.
 
Sentencing is scheduled for May 20, 2020, before Judge Vilardo.  
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Quinton Jones, 40, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, five kilograms or more of cocaine, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between November 2016 and September 29, 2017, the defendant conspired with others to distribute cocaine in the South Buffalo area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa. In August of 2017, the defendant received a kilogram of cocaine from one of his co-defendants. On August 18, 2018, Jones made a payment of approximately $30,000 for the kilogram.

On September 13, 2017, the drug trafficking organization received several parcels containing cocaine through the U.S. Postal Service. Upon receipt, another co-defendant contacted the defendant to arrange for the defendant to pick up a kilogram and distribute it in the Buffalo area. On his way to collect the kilogram of cocaine, Jones was stopped by a marked Erie County Sheriff’s vehicle, and law enforcement found him in possession of $19,995 in U.S. currency.

Over the course of the defendant’s involvement in the conspiracy, Jones regularly distributed at least one kilogram of cocaine per month on behalf of the drug trafficking organization.

On September 29, 2017, the defendant was arrested inside his residence at 57 Juniata Street in Buffalo. A search warrant was executed and investigators recovered $4,023 in U.S. currency; a .22 caliber rifle with a defaced serial number; multiple rounds of ammunition; and a quantity of cocaine.

Jones is one of 12 defendants convicted in this case and the fourth to be sentenced.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, 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; 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert C. Logel, 56, of Williamsville, NY, who was convicted of wire fraud and tax evasion, was sentenced to serve 51 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Jonathan P. Cantil, MaryEllen Kresse, and David Rudroff, who handled the case, stated that in 2009, the defendant was convicted of wire fraud for defrauding two victims out of nearly $3,000,000 and sentenced to 48 months in prison. Logel told the victims that he invested their money in various businesses when, in fact, he used the funds himself.

Within months of being released from prison, Logel entered into a scheme involving the production, distribution, and sale of two skin and healthcare products. During the course of the scheme, the defendant made false representations regarding his ability to distribute and market such products. As a result, victims, including QuadPharma, a pharmaceutical manufacturing company located in Clarence, NY, transferred funds to Logel which they believed would be used to ready the products for distribution and sale. The defendant did not, however, use the victims' money as promised. Rather, Logel used the vast majority of the funds for his personal use, including car payments, college tuition, rent for his and his girlfriend’s apartments, and cosmetic surgery. QuadPharma suffered a loss of approximately $417,120. Six other victims suffered a total loss of approximately $143,176.

In addition, the defendant failed to file income tax returns for the tax years 2004 through 2007, resulting in a loss of $5,574,837.38 to the Internal Revenue Service.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Jonathan D. Larsen.

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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 Valentino Shine, Sr., 52, of Buffalo, NY, who was convicted following a jury trial of five counts of sex trafficking, and one count each of sex trafficking conspiracy, narcotics conspiracy, using and maintaining a drug-involved premises, and possession with intent to distribute crack cocaine, was sentenced to serve 30 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr. He was also ordered to pay $73,600 to the victims of his crimes.

Assistant U.S. Attorneys Elizabeth R. Moellering and Meghan A. Tokash, who prosecuted the case, with support from the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, stated that the defendant ran a sex trafficking operation out of his Humboldt Parkway residence in Buffalo. Shine preyed upon and exploited women who were vulnerable and addicted to drugs, coercing them to engage in commercial sex acts. The defendant provided or withheld drugs to coerce the victims to engage in commercial sex acts.  

According to evidence presented by the government at trial, Shine was recovering from a cocaine addiction and knew the power that drug addiction could have over someone. The defendant used this as a weapon to target vulnerable women. Shine’s motto was “BABI PAE” – Break a (expletive) Incorporated; Pimping Ain’t Easy.

At the urging of the defendant, victims advertised on backpage.com. After performing sex acts for money, they would give that money to Shine. Money was important to Shine. When signing his name, the defendant wrote CREAM: “Cash Rules Everything Around Me.”

In addition to using drugs to control his victims, Shine also used physical beatings, manipulation, and brainwashing.

Three women who worked for the defendant died of drug overdoses as a result of their addictions. 

“The defendant’s campaign to dehumanize the victims he ensnared was reprehensible,” noted U.S. Attorney Kennedy. “Through manipulation, brainwashing, and torture, the defendant cashed-in by robbing—and then selling—the dignity of a number of young, often vulnerable, women in our community. Hopefully, this prosecution and the lengthy prison sentence imposed will give Mr. Shine—and others like him—plenty of time to reflect on my Office’s unwavering commitment to the value and worth inherent in the lives of all those who live in our District.”   

“The successful criminal prosecution of Valentino Shine highlights the brutality with which sex traffickers treat their victims and the lack of regard they have for human life,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “This sentence should serve as a stark warning to all individuals and criminal groups involved that traffickers will be held accountable and brought to justice. Additionally, HSI will ensure the survivors get the help they need.”

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Human Trafficking Task Force of the Western District of New York.

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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 Gregory Gibbons, 54, of Mobile, Alabama, who was convicted of conspiracy to commit wire fraud affecting a financial institution, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $1,458,847.90 to the U.S. Department of Housing and Urban Development, CitiBank, and M&T Bank.

Assistant U.S. Attorneys Kathleen A. Lynch and Elizabeth Moellering, who handled the case, stated that between June 2008 and February 2009, the defendant conspired with others, including Alagi Samba, a realtor, and Daniel Badu, to devise a scheme to obtain eight loans for unqualified borrowers for homes in the Bronx, NY.  As part of the scheme, Gibbons acted as the mortgage broker and altered income and asset documents of the borrowers before they were sent to financial institutions.

For instance, Gibbons altered and created documents to make it appear that defendant Badu qualified for a mortgage on a property at 814 Faile Street in the Bronx. The defendant indicated that Badu was a research ophthalmologist and earned a specific income when in fact, Badu was not a research ophthalmologist nor did he receive the income stated on a loan application. Gibbons knew that these false loan documents were submitted to

The Funding Source, a mortgage bank, in order to secure a loan insured by the Federal Housing Administration. Based on that false application and supporting documentation, the loan was approved. The Funding Source then sold the loan on the secondary market to M &T Bank, which wired funds from New York through the State of Ohio to purchase the loan.

The defendant and his co-conspirators arranged for additional fraudulent loans to be approved, including another loan for Badu, and caused wire communications to be transmitted in interstate commerce for those loans. These fraudulent transactions caused losses of approximately $4,800,007 affecting M&T Bank and other financial institutions including SunTrust Bank, JPMorgan Chase Bank, and Citibank.

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph Cronin, Boston Division; the Department of Housing and Urban Development, under the direction of Special Agent in Charge Brad Geary; and the Federal Bureau of Investigation, Buffalo Division, 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 Juan Ortega-Baez, 19, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute 400 grams or more of fentanyl, was sentenced to serve 36 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that between August and December 2018, the defendant conspired with others to distribute fentanyl in and around the City of Rochester. In furtherance of the conspiracy, Ortega-Baez used a phone provided by a co-conspirator to take calls from drug customers. After receiving orders from the customers, the defendant obtained quantities of fentanyl from a co-conspirator, and then delivered the drugs to the customer. Ortega-Baez would take payment from the customer and deliver the profits to another co-conspirator.  

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent-in-charge Luis R. Tafoya; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcello Wiggins, aka Slurp, 37, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possessing with intent to distribute butyryl fentanyl; possessing a firearm in furtherance of drug trafficking; and possessing with intent to distribute 28 grams or more of crack cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.

Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that on March 8, 2019, Buffalo Police Officers responded to an “unknown trouble” 911 call on Gatchell Street. When officers arrived, they observed the defendant engaged in an argument with a female with his arms wrapped around her body. As officers began to get out of their marked patrol vehicle, Wiggins fled. One of the officers pursued the defendant on foot along Gatchell Street and observed Wiggins toss a firearm beneath a parked vehicle. The firearm, a semi-automatic pistol bearing a defaced serial number, was recovered and the defendant was arrested, searched, and found in possession of suspected controlled substances. Subsequent testing determined that the substances were cocaine, a mixture of heroin and fentanyl, and a mixture containing butyryl fentanyl.

On April 12, 2019, the defendant was again arrested after he was stopped in a taxi cab arriving at a residence on Tuxedo Place in Buffalo. Wiggins, who was a backseat passenger, was removed from the vehicle and taken into custody. In plain view on the floor of the taxi, officers observed a bag containing suspected controlled substances and a digital scale. Another bag of suspected controlled substances was observed on the ground in the area from which the defendant had been removed from the taxi. Subsequent testing determined that the bags contained butyryl fentanyl, and crack cocaine.

The plea is the result of an investigation by Homeland Security Investigations Border Enforcement Security Team Buffalo, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff's Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing will be scheduled at a later date.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James T. Stephens, 21, of Rochester, NY, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to possession with intent to distribute fentanyl, and being a felon in possession of  a firearm. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on June 19, 2019, law enforcement officers executed a search warrant at the defendant’s home. During the search, officers recovered a loaded 9mm semiautomatic pistol, a loaded shotgun, approximately 80 decks of fentanyl, and approximately four bags of cocaine. Stephens was prohibited from possessing firearms as a result of his January 15, 2016, conviction, in Onondaga County Court, for Criminal Possession of a Weapon in the Second Degree.

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 Office.

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.

Sentencing is scheduled for April 20, 2020, at 3:00 p.m. before Judge Wolford.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Frederick Bernard Morgan, 51, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on July 17, 2019, the defendant was in possession of a .22 caliber rifle, having previously been convicted, in December 2002 in Monroe County Court, of Assault in the Second Degree. As a result, the defendant 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, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Office.

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.

Sentencing is scheduled for April 10, 2020, at 2:00 p.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 Justin Wheeler, 27, of West Seneca, NY, who was convicted of possession of child pornography involving a prepubescent minor by a person having a prior conviction for aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor, was sentenced to serve 121 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that defendant was on parole for a 2013 conviction for attempted rape in the first degree, a conviction which stemmed from his sexual abuse of a 12-year-old girl, when, on October 31, 2017, New York State Parole conducted a search of the defendant’s bedroom pursuant to Wheeler’s New York State court ordered search conditions. During the search, parole officers seized a Samsung cellular telephone from the defendant’s bedroom. A search warrant was executed on that phone, and it was found to contain 90 images and 269 videos of child pornography. Some of the images and videos included prepubescent minors and depictions of violence.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lavon Wims, 27, of Rochester, NY, who was convicted of six counts of Hobbs Act robbery, in connection with a string of robberies at Rochester area businesses, was sentenced to serve 108 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay restitution totaling $4,013.70. 

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that Wims admitted his role in a series of armed robberies in the Rochester area during December 2018 and January 2019, including:

• On December 28, 2018, at McDonalds on East Avenue in Rochester, Wims held a knife to the throat of a McDonald’s employee while co-conspirator Malik Lott displayed what appeared to be a handgun. Wims dragged the employee to a cash register and a safe, and removed approximately $2,534 from McDonald’s; • On December 31, 2018, at the 24-7 Store on West Henrietta Road in Brighton, Wims jumped over the counter and held what appeared to be a handgun to the side of a store employee while demanding cash. Wims left with approximately $100 from the store;  • On January 19, 2019, at the Express Mart on Chestnut Ridge Road in Chili, Wims displayed what appeared to be a handgun to a store employee and walked the employee over to the register, where Wims removed approximately $600;  • On January 23, 2019 at Jordy’s Spirits on Dewey Avenue in Rochester, Wims pointed what appeared to be a handgun at a store employee and demanded money. Lott assisted Wims in removing cash from the register, and they left with approximately $350 from the store; • On January 27, 2019, at the Speedway Gas Station on Elmwood Avenue in Brighton, Wims pointed what appeared to be a handgun at an employee and told the employee to open the registers. Wims then removed approximately $220 from the store, and left to commit another robbery; and 
• About 8 minutes after the Speedway robbery, on January 27, 2019, at the Valero Gas Station on East Henrietta Road in Rochester, Wims pointed what appeared to be a handgun at an employee and told the employee to given him money. The employee opened the register, and Wims took approximately $60 and fled the store. 

Co-conspirator Malik Lott was previously convicted and sentenced to serve 60 months in prison for his role in robberies at McDonalds and Jordy’s Spirits.

The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Rochester Area Major Crimes Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.

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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 Ricardo Casado, 31, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute, and distributing quantities of fentanyl and cocaine, was sentenced to serve 21 months in prison, by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that Casado was a member of a drug trafficking organization led by his brother, co-defendant Jose Casado. Between December of 2017 and May 15, 2019, the organization distributed large quantities of fentanyl, cocaine, and crack cocaine out of drug houses located on Clifford Avenue and Treyer Street in Rochester.

On January 25, 2019, Ricardo Casado sold 80 baggies of fentanyl and 80 baggies of cocaine in exchange for $600, on behalf of the drug trafficking organization.

Charges remain pending against Jose Casado. 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 sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Walton, 48, formerly of Webster, NY, who was convicted of bank fraud, was sentenced to serve 18 months in federal prison by U.S. District Judge Elizabeth A. Wolford.  In addition, Walton was ordered to pay restitution totaling approximately $53,768.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Walton worked as an accountant for a local real estate rental business. From 2011 to 2014, while so employed, the defendant stole approximately 100 security deposits by forging tenants’ signatures to refund checks, and depositing the checks into his personal bank account. In total, Walton embezzled approximately $53,768 from his employer and tenants.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony M. Girolamo, 43, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to transferring obscene material to a minor. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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 April 22, 2020, at 4:00 p.m. before Judge Wolford.

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A federal grand jury has returned an indictment charging Christopher Casacci, 38, of Amherst, New York, with violating the Lacey Act and the U.S. Animal Welfare Act based on his trafficking of African wild cats in interstate commerce, announced Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York.

The indictment charges that Casacci, doing business as “Exotic Cubs.com,” imported and sold dozens of caracals (Caracal caracal) and servals (Leptailurus serval) in interstate commerce from February to June of 2018. Caracals, also known as the “desert lynx,” are wild cats native to Africa, and grow to approximately 45 pounds. Servals, also wild cats native to Africa, grow to approximately 40 pounds. Both species are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and their commercial possession and sale is restricted under New York state law.

Casacci is also charged with disguising his commercial activity by falsely declaring the animals as domesticated breeds, such as savannah cats and bengal cats, on shipping records.

People and businesses dealing in animals are required to comply with humane care standards under the Animal Welfare Act. Casacci failed to do so, and failed to secure the necessary license from the U.S. Department of Agriculture. Casacci was charged with violating the Animal Welfare Act for selling animals without a license showing minimum compliance with humane treatment standards.

The indictment is the result of an investigation by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, under the direction of Special Agent-in-Charge Ryan Noel, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation. The case is being prosecuted by Trial Attorney Patrick Duggan and Assistant United States Attorney Aaron J. Mango.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mohammed Alawi, 52, of Lackawanna, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, a controlled substance, and distribution of a controlled substance in or near schools. The charges carry a maximum penalty of 40 years in prison and a $2,000,000 fine.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Michael J. Adler, who are handling the case, stated that according to the complaint, in September 2019, the Hamburg Police Department and the Drug Enforcement Administration began investigating the defendant after he was identified as selling hydrocodone, a Schedule II Controlled Substance, from inside Bayview Deli on Bayview Road in Hamburg. The deli is across the street from Big Tree Elementary School and Frontier Central High School.

It is alleged, that on October 3 and November 6, 2019, the DEA conducted two controlled purchases of hydrocodone from Alawi. According to the New York State Bureau of Controlled Substances, the defendant has filled several prescriptions issued by his doctor for hydrocodone. 

Alawi has a previous federal felony conviction. In 2016, the defendant was convicted of misbranding food held for sale after shipment in interstate commerce with intent to mislead.

“To pedal opioids within a stone’s throw of our most precious commodity—our children—is particularly egregious,” stated U.S. Attorney Kennedy. “While our kids belong in school, greedy drug dealers, who disregard the safety of our kids and fail to respect the sanctity of our schools, belong in jail.”

“Our cases take us all over the world, but sometimes the most important ones are in our backyard,” said DEA Special Agent-in-Charge Ray Donovan. “As a result of today’s arrest, we have reinforced student safety and significantly increased the quality of life in the Town of Hamburg. I applaud the law enforcement collaboration throughout this investigation.”    

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions. 

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sofonzia Mack, 37, of Rochester, NY, who was convicted following a jury trial of possession with intent to distribute marijuana, and being a felon in possession of a handgun and ammunition, was sentenced to serve 36 months in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorneys Matthew T. McGrath and Charles E. Moynihan, who handled the trial of the case, stated that on March 28, 2017, Rochester Police officers stopped a blue Kia Sedona in the 800 block of Exchange Street in Rochester after seeing the driver commit multiple violations of the New York State Vehicle and Traffic Law. As officers approached the vehicle, they smelled what they believed to be marijuana coming from inside. The driver and the defendant, who was in the front passenger seat, were directed to get out of the vehicle so officers could further investigate the smell. 

While searching the defendant, officers found a .25 caliber, semiautomatic pistol in Mack’s jacket pocket.  Officers could see the serial number on the firearm had been defaced and that it was loaded with four rounds of ammunition. Officers also seized 21 plastic vials containing marijuana in a draw-string bag, which the defendant had secured over his shoulder at the time of the stop, and over $900 in United States currency located in the center console.    

On July 30, 2007, in Albany County Court, the defendant was convicted of Attempted Criminal Sale of a Controlled Substance in the Third Degree and sentenced to serve three years in prison. As a result, Mack was legally prohibited from possessing a gun. 

In addition to convicting defendant of the aforementioned charges, the jury found Mack not guilty of two other gun charges.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging James S. Marshall, 67, of Farmington, NY, with violation of the Clean Air Act, negligent endangerment under the Clean Air Act, and making a false statement. The charges carry a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, the defendant was a Maintenance Supervisor with the Finger Lakes Office for People with Developmental Disabilities (OPWDD), Developmental Disabilities Services Office. As part of his duties, Marshall controlled and supervised facilities being demolished or renovated.

On October 7, 2014, the defendant requested that asbestos testing be conducted at the Hillcrest Building, a building owned by the OPWDD, located on E. Maple Avenue in Newark, NY. On October 8, 2014, Marshall directed an inspector for the asbestos testing company to take four samples from two locations within the 300,000 square foot Hillcrest Building. The results of the four samples came back negative for asbestos.

On November 10, 2014, the OPWDD began soliciting public bids for the cleanout of the Hillcrest building. The specifications for the project stated that swipe testing for asbestos and lead was conducted and the findings for the substances were within normal limits.

On December 2, 2014, the defendant led a mandatory walkthrough of the Hillcrest Building for any individuals seeking to bid on the project. On December 24, 2014, a third-party contractor was awarded the contract for the cleanout of the Hillcrest Building.

The contractor conducted the cleanout between April 6 and April 10, 2015. On April 16, 2015, Marshall sent an e-mail to the OPWDD business office stating that the cleanout of the Hillcrest Building had been completed to his satisfaction.

On April 30 and May 28, 2015, regulated asbestos was found at the Hillcrest Building in a dry condition and was not in any container.  According to the indictment, the defendant failed thoroughly to inspect the affected facility for the presence of asbestos prior to the commencement of a renovation activity; failed to ensure that regulated asbestos was adequately wetted during removal activity; failed to ensure that regulated asbestos remained wetted until placed in leak-tight containers; and failed to ensure that all regulated asbestos stripped and removed was disposed of timely. Marshall is also accused of negligently releasing into the ambient air a hazardous air pollutant, and placing another person in imminent danger of death and serious bodily injury during the cleanout of the Hillcrest Building. In addition, the defendant is accused of making a false statement by stating that the asbestos sampler walked through the entire building during testing, as it is alleged that the defendant knew that the asbestos sampler had not walked through the entire building.

The indictment is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon. Additional assistance was also provided by the New York State Department of Labor, Asbestos Control Bureau.

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 Michael Greco, 24, of Gates, NY, was arrested and charged by criminal complaint with online enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that earlier this month, the defendant engaged in online conversations with an individual who he believed was a “mother” engaged in the prostitution of her 13 year old daughter. In fact, the “mother” was an undercover New York State Police investigator. Between January 2 and January 7, 2020, Greco engaged in text messaging and phone calls with the undercover investigator, during which the defendant agreed to pay $100 in order to have sex with the child. 

On January 7, 2020, Greco arrived at pre-arranged meeting place, where he expected to meet the child for sex. Instead, the defendant was met by members of the State police and Homeland Security Investigations, who took

Greco into custody. The defendant was found in possession of $100, condoms, and candy, which he intended to give the child as a gift. 

Greco made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing scheduled for January 9, 2020.

The criminal complaint is the result of an investigation by the New York State Police Troop E Major Crimes Unit, Canandaigua, under the direction of Major Eric Laughton, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.  

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr., and Assistant Attorney General Jeffrey Bossert Clark announced today that a federal grand jury has returned an indictment charging Christopher Casacci, 38, of Amherst, NY, with violating the Lacey Act and the U.S. Animal Welfare Act based on his alleged trafficking of African wild cats in interstate commerce. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

The indictment alleges that the defendant, doing business as “ExoticCubs.com,” imported and sold dozens of caracals (Caracal caracal) and servals (Leptailurus serval) in interstate commerce between February and June of 2018. Caracals, also known as the “desert lynx,” are wild cats native to Africa, and grow to approximately 45 pounds.  Servals, also wild cats native to Africa, grow to approximately 40 pounds. Both species are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and their commercial possession and sale is restricted under New York state law. 

Casacci is also charged with disguising his commercial activity by falsely declaring the animals as domesticated breeds, such as savannah cats and bengal cats, on shipping records.

People and businesses dealing in animals are required to comply with humane care standards under the Animal Welfare Act. The defendant is alleged to have failed to do so, and to have failed to secure the necessary license from the U.S. Department of Agriculture. Casacci is charged with violating the Animal Welfare Act for selling animals without a license showing minimum compliance with humane treatment standards.

The defendant was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and was released on conditions. He is due back in court for a status hearing on January 23, 2020, at 1:00 p.m.

The indictment is the result of an investigation by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, under the direction of Special Agent-in-Charge Ryan Noel, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation. The case is being prosecuted by Trial Attorney Patrick Duggan and Assistant United States Attorney Aaron J. Mango.

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
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BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Eugene Gosy, 59, of Clarence, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to distribute controlled substances and healthcare fraud. The charges carry a maximum penalty of 20 years in prison.

Assistant U.S. Attorneys Jonathan P. Cantil, Brendan T. Cullinane, and Charles J. Volkert, who are handling the case, stated that in carrying out the conspiracy, Dr. Gosy and his employees at the Gosy Center, which included nurse practitioners and physician assistants working under Dr. Gosy’s direction and control, issued more prescriptions for controlled substances annually than any other prescriber or prescribing entity in New York State, including hospitals. Specifically, Dr. Gosy and his employees carried out their conspiracy by:

• prescribing controlled substances without conducting a physical examination and/or after conducting only a limited and inadequate physical examination;

• prescribing controlled substances in ways that were likely to cause, and did cause, dependence and addiction, and that contributed to existing addictions;

• issuing prescriptions for controlled substances in dosages and/or in combinations dangerous to the health and safety of the patient;

• issuing prescriptions for controlled substances despite indications that patients were abusing and misusing the prescribed controlled substances;

• prescribing controlled substances without monitoring or using objective treatment information;

• recommending a course of treatment, including the prescription of controlled substances, which caused patients to become so addicted to opioid drugs that some eventually utilized heroin and other street drugs, in order to satisfy their addiction;

• issuing prescriptions for controlled substances to patients despite knowing that such patients had overdosed, or had otherwise been hospitalized for conditions relating to misuse of controlled substances;

• continuing to prescribe controlled substances in the same manner, and failing to adapt practices to prevent additional deaths and overdoses, despite having notice that treatment they were following had resulted in obvious drug-seeking behavior and addiction; numerous patient overdoses; and patient deaths;

• signing death certificates, in the absence of an autopsy or medical examination, for deceased patients to whom Gosy and/or his employees had prescribed controlled substances despite aberrant behaviors;

• recommending a course of treatment, including the prescribing of controlled substances, which caused the death of at least six individuals, and contributed to the deaths of others;

• utilizing a telephonic patient prescription renewal process, whereby patients could obtain prescriptions for Schedule II, III and IV controlled substances that were prepared by persons who were not medically trained and issued by mid-level providers who had inadequate knowledge about the prescription and the patient, and without adequate review of the prescription and the patient’s chart;

• Dr. Gosy pre-signing blank prescriptions and permitting other persons to fill out the remaining information for the prescription, when he would leave the Buffalo area for extended periods;

• Dr. Gosy failing properly to review and sign his own patient file notes, and arranging for other, non-medical, personnel to sign said patient file notes, to make it appear as if he had reviewed them;

• Dr. Gosy failing properly to review patient file notes/reports prepared by mid-level providers working under his supervision and working in collaboration with him, and arranging for other, non-medical, personnel to sign said patient file notes, to make it appear as if he had reviewed them;

• failing adequately to review records provided to the office from other providers, and failing to obtain a complete patient history and information about present illness and conditions;

• prescribing controlled substances to individuals while failing to refer the patient to and/or ensure compliance with drug addiction treatment despite aberrant behaviors, and requests from patients and/or their family members for help with addiction;

• prescribing methadone to individuals exhibiting aberrant behaviors, outside of a methadone clinic setting, and without employing additional safety precautions or referring the patient to addiction treatment;

• Dr. Gosy, beginning in 2008, circumventing state and federal regulations by prescribing buprenorphine for the treatment of narcotics addiction, improperly using his regular DEA number, and sometimes labeling the prescriptions as for “pain management,” even when the drug was being prescribed primarily for the purpose of treating narcotics addiction;

• Dr. Gosy issuing prescriptions to patients for buprenorphine, a Schedule III controlled substance, for the treatment of narcotics addiction, without having completed the required medical training course in order to be a “qualifying physician” to treat narcotics addiction;

• Dr. Gosy failing to complete training requirements, including Continuing Medical Education courses, Worker’s Compensation training, and Infectious Disease Control training, and instead requiring members of his office staff to take the online courses purporting to be the defendant; and

• Dr. Gosy engaging in prescribing patterns whereby high-risk patients that had run out of their prescribed opioids were given buprenorphine until Dr. Gosy could again prescribe other opioids. 

Other practices adopted and used in defendant Gosy’s office included the following:

• Mid-level providers (Physician Assistants and Nurse Practitioners) were encouraged to maximize volume of patients seen. Providers who saw certain volumes of patients received monetary bonuses, and/or gifts.  Providers who saw less patients were threatened with pay cuts.  Providers also earned credit towards bonuses for performing certain, more lucrative procedures on patients.  

• Beginning in 2012, a “script line” was established which allowed patients seeking prescriptions, who were not scheduled for an office visit, to call and request a prescription. The “script line” was attended to by individuals with no medical training or certification. They were responsible for drafting the requested prescriptions with the proper drug and dosage, checking the patient’s file for “alerts,” and the New York State iStop program, a Prescription Monitoring Program. Each week a mid-level provider was designated to sign all, or almost all, prescriptions requested through the “script line.” This typically amounted to hundreds of prescriptions per day, many of which were for patients whom the practitioner had never seen and/or with whom the practitioner had little or no familiarity.
 
• A system was in place for ordering urine drug tests whereby, once the test was ordered, an employee other than the treating practitioner would typically fill out the request form for the laboratory. As a result, the drug screens often tested for the presence or absence of drugs other than those actually prescribed to the patient. However, as part of the usual course of medical practice, urine drug tests should have been ordered and reviewed in consultation with the patient’s medical file, including history and list of current prescribed medications.  This is because urine drug testing provided valuable objective information to assist in diagnostic and therapeutic decision making, provided confirmation of compliance with the treatment plan, and provided indication of overutilization of prescribed drugs, diversion/non-use of prescribed drugs, the use of prescription drugs not prescribed to a particular patient, and/or the use of alcohol or illicit street drugs.

• As with the “script line,” toxicology results, including urine drug screens, were reviewed by a mid-level provider, many of whom had never seen the patient and/or with whom the practitioner had little or no familiarity. As a result, tests were often labeled as “consistent,” and not given appropriate attention, even when the tests showed the presence of a non-prescribed drug, or the lack of a prescribed drug.

• Patient records often contained incorrect or insufficient information to justify a diagnosis and warrant treatment. Mid-level providers frequently dictated their office notes, failed to review their notes after transcription, and “batch signed” large quantities of notes without review. In addition, Dr. Gosy rarely, if ever, signed his own notes, and arranged for others to affix his signature to office notes and patient files, in order to facilitate more expeditious billing.

“Recognizing that our fight against the opioid epidemic requires a 3-prong approach—which includes enforcement, treatment, and prevention—today’s plea represents the high-water mark of success in our enforcement efforts,” stated U.S. Attorney Kennedy. “Although even one death is still too many, through the aggressive prosecution posture adopted by my office, we have helped to turn the tide on the opioid epidemic in Erie County. This prosecution has helped to enhance communication and cooperation between the law enforcement and the medical communities. Together, we have come to recognize and take advantage of the direct link that exists between public health and public safety.”

“Dr. Gosy’s reckless prescribing endangered public welfare and continued to fuel the opioid epidemic that plagues our nation,” said Scott J. Lampert, Special Agent-in-Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Physicians will be held responsible for their prescribing practices. We look forward to continue working with our State and Federal law enforcement partners in fighting this epidemic and safeguarding taxpayer-funded government health programs.”   

“There isn’t a fine line between a patient who needs pain medication for a legitimate reason and a customer needing a prescription to feed a habit,” said DEA Special Agent-in-Charge Ray Donovan. “Today’s plea is proof that Dr. Gosy knew the difference. I commend the DEA Buffalo Tactical Diversion Squad and the Western District of New York for their diligent efforts identifying, investigating and prosecuting illegal opioid sources of supply in order to save lives.”

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in- Charge, New York Field Division; the Federal Bureau of Investigation’s Western New York Health Care Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Scott Lampert; the Army National Guard - New York National Guard Counterdrug Task Force, under the direction of Lt. Col. Nicholas Dean; the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; the New York State Office of the Workers’ Compensation Fraud Inspector General, under the direction of Inspector General Letizia Tagliafierro; and the New York State Bureau of Narcotics Enforcement. 

Sentencing is scheduled for May 21, 2020, at 9:30 a.m. before Judge Geraci.

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