Western District of New York

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hicham Khallad, and Karim Euchi, both 47 and of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to food stamp fraud. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that the Supplemental Nutrition Assistance Program (SNAP) uses federal tax dollars to help low-income individuals purchase food. Eligible individuals are provided with a debit card containing their SNAP benefits, from which they can make food purchases at authorized food stores. A business that accepts SNAP benefits must be authorized to do so and can only accept SNAP benefits in connection with the sale of eligible food products. It is unlawful for any store to accept SNAP benefits for non-food items, such as cigarettes, beer, or for cash.

Between May 2018 and February 2019, Khallad and Euchi operated the Joseph Market at 900 Joseph Avenue in Rochester, which was owned by Khallad’s wife. During that time, the defendants knowingly and unlawfully accepted SNAP benefits from customers in exchange for non-food items, such as cigarettes. Khallad and Euchi also purchased food stamp benefits for less than their full value for cash, resulting in a profit for the defendants.

The actions of the defendants caused the United States Government to deposit approximately $154,000 into the Joseph Market’s bank accounts for food that was never purchased.

The plea is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale.

Sentencing is scheduled for April 10, 2020, 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 Lazaro Aguilar, 20, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci. Jr. to possession with intent to distribute heroin and fentanyl, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a fine of $1,000,000, or both.

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

Aguilar was again arrested on September 30, 2019, with 23 additional bags of fentanyl, and over $5,000 in United States currency.  
  
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative.  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The 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.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eli Clark, 29, of Buffalo, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura Higgins, who handled the case, stated that on October 21, 2016, law enforcement officers executed a search warrant inside the defendant’s Crowley Avenue residence in Buffalo. Officers found two Tupperware containers on the kitchen counter, each containing a quantity of crack cocaine. When asked about the substance found in the containers, Clark stated, “Whatever you find, it's my house, you take me. At the end of the day it's my house, if you find something, take me.”

The sentencing is the result of an investigation by the Niagara County Drug Task Force, under the direction of Acting Sheriff Michael Filicetti; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; 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 Bonnie Hughes, 35, of Rochester, NY, who was convicted of production of child pornography, was sentenced to serve 25 years in prison by U.S. District Judge Charles J. Siragusa.
 
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that prior to March 19, 2018, the defendant’s friend, John Kohlmeier, was having sexually explicit conversations with a 10-year female known to the defendant. On March 19, 2018, Hughes, at Kohlmeier’s request, took two sexually explicit photographs of the minor and sent them to Kohlmeier’s cell phone. Kohlmeier then went to the defendant’s residence where Hughes permitted the 10-year minor to engage in sexual conduct with Kohlmeier. The sexual contact between the minor and Kohlmeier occurred on several occasions beginning in February 2018. 

John Kohlmeier was previously convicted and also sentenced to serve 25 years in prison. Both defendants were also previously convicted in New York State Court.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Greece Police Department, under the direction of Chief Patrick D. Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

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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 Yanyan Lesser, 48, of East Aurora, NY, who was convicted of  transmitting in interstate or foreign commerce a communication containing a threat to injure another person, was sentenced to time served and one year supervised release by Senior U.S. District Judge William M. Skretny. As part of her supervised release conditions, the defendant is prohibited from possessing a computer for telephone device with internet capabilities. 

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant, using a website on the dark web and the screen name “Tree1,” solicited someone whom she believed to be a hitman to commit a crippling assault against G.Z., a former boyfriend in Florida. In her solicitation, Lesser posted the following messages:

• On February 14, 2019, the defendant posted, “Because of a business dispute, I would like to give this guy a lesson. Give him a good beating and legs broken, waist broken and even cripple the mark of his legs.” The defendant also shared an image of a person’s lower back with the words “broken waist” written on it; • On February 16, 2019, the defendant posted, “Please give him a good beating and let he always walk in wheelchair;”
• On February 18, 2019, the defendant posted, “And also give him good beating of his body, and must be broken his legs to make him walk by wheelchair or crutches forever;”
• On February 19, 2019, the defendant posted, “Make the crippling be permanent, so that Chinese guy will always walk in wheelchair” and “must be broken his legs that he will never heal and never be back to normal, so that he always walk in wheelchair. Remember: crippling! Robbery!”

An unknown subject on the dark web site initially responded to Lesser’s job request on February 14, 2019, urging the defendant to prepare funds for payment. The subject stated: “Sometimes kids or trolls do jokes and are not serious about their job.” On February 16, 2019, Lesser transferred 1.26 bitcoins (approximately $4,577) to a bitcoin address to pay for the beating. On February 19, 2019, the defendant transferred an additional .694 bitcoins (approximately $2,707) as further payment. Lesser made cash withdrawals in East Aurora relating to these transactions on February 15 and 18, 2019.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by HSI St. Paul, Minnesota, and HSI Orlando, Florida.

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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 Shawn Woods, a/k/a Pif, 28, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to racketeering conspiracy and possession with intent to distribute of 400 grams or more of fentanyl. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.

During his plea, defendant Woods admitted that he possessed and sold controlled substances at various times and that on February 1, 2017, he and a co-defendant possessed, at 974 Jefferson Avenue in Buffalo, three firearms, ammunition, metal spoons, digital scales, grinders, kilogram presses, and quantities of heroin and various types of fentanyl.

Woods is the 10th defendant charged in this case to be convicted. Charges remain pending against three other defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

Sentencing is scheduled for April 23, 2020, before Judge Vilardo. 

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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 Christian Michael Stutes, 23, of Rochester, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity, and receipt, distribution, and possession of child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in April 2019, an undercover FBI Special Agent (UC) received a message from user “Chris Michael/cmrs113,” who was later identified as the defendant. The message received was “Hey,” “Arent you the guy with kids I was talking with.” The UC responded by stating “Yep,” “You in Rochester, NY.” Stutes responded “Yea” “How old r they.”  The UC responded “text me.”

The UC received a text message from the defendant and during the text conversation, Stutes stated he was into young boys, seven to nine years old. The conversation ended with the UC agreeing to allow the defendant to have sexual contact with the UC’s fictitious kids for $200 dollars for each child. Stutes stated he would have to save up the money. 

In August of 2019, the defendant contacted the UC again stating that he had enough money now, and was interested in having sexual contact with a young boy. The UC and Stutes agreed to meet on August 30, 2019, with the defendant agreeing to pay $150.00 dollars in exchange for having sex with the UC’s fictitious 9-year-old son. However, later that day, Stutes contacted the UC and stated that he no longer had $150.00 available and he did not attempt to meet the UC.

The UC and the defendant did not have contact again until December 2, 2019, at which time Stutes stated that he had a good paying job and “i can actually afford the deal we talked about with Adam… If that’s still cool.” The UC and the defendant made plans to meet on December 13, 2019, at a predetermined location. When Stutes arrived at approximately 8:30 p.m., he was taken into custody and found to be in possession of $150.00 and a cell phone.

Subsequent investigation determined that Stutes is currently employed as a teacher’s aide at a local child care facility, and was previously employed at various children’s camps.

An initial review of the defendant’s cell phone determined that sent and received numerous images of child pornography on an online messaging application. At least one image portrayed the rape of a toddler.

The defendant made an initial appearance before U.S Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on December 17, 2019.

United States Attorney Kennedy requests that members of the public who have specific information related to this case call the FBI Child Exploitation Task Force at 585-279-0185. 

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

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 Hang T. Lam, 46, of Rochester, NY, who was convicted of unauthorized use, transfer, acquisition, and possession of USDA food stamp benefits, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve three years’ probation and ordered to pay restitution totaling $26,631.00.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in April 2018, the Monroe County Department of Social Services (DSS) developed information that Young’s Nails, which is owned and operated by the defendant, was trafficking in Supplemental Nutrition Assistance Program (SNAP)/food stamp benefits for cash, nail services, and other non-food items. Young’s Nails does not sell food and is not authorized to accept SNAP benefits.

Between April 19, 2018, and October 1, 2018, the U.S. Department of Agriculture, Office of Inspector General conducted five undercover transactions at Young’s Nails using a SNAP Electronic Benefits (SNAP EBT) card. Purchases included nail services such as manicures and pedicures, cigarettes, jewelry, and cash. Lam charged double the cost when a SNAP EBT card was used.

When the undercover purchases were made, the defendant used the Tanhong Du Supermarket on N. Clinton Avenue in Rochester, Ocean Garden Oriental Foods Inc. on S. Clinton Avenue in Rochester, and the Asia Food Market on Brighton-Henrietta Town Line Road to process the undercover transactions. All three stores are approved to participate in the SNAP program.

On November 7, 2018, a search warrant was executed at Young’s Nails. Law enforcement officers seized SNAP EBT cards, dozens of handwritten notes containing four digit PIN numbers and various cash amounts, and SNAP EBT receipts from the Asia Food Market and other SNAP authorized stores. As a result, officers identified and interviewed SNAP clients involved in SNAP fraud with Lam at Young’s Nails. Eight of these individuals reported that they exchanged SNAP benefits for cash and nail services.

To date, approximately $26,000 dollars in fraudulent SNAP transactions executed by Lam have been identified.

The sentencing is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale; and the New York State Office of Inspector General, under the direction of Inspector General Letizia Tagliafierro.

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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 Pablo Rentas-Torres, 36, of Rochester, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, fentanyl, cocaine, and crack cocaine was sentenced to serve 27 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that Rentas-Torres was a member of a drug trafficking organization led by co-defendant Jose Casado. Between December 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.

Casado would obtain bulk quantities of fentanyl, heroin and crack cocaine, which he and others would “bag-up” or package for sale to individual drug users. Drug users would contact Casado directly via cellular phone to order quantities of drugs and Casado, in turn, would routinely direct other members of the conspiracy, including the defendant, to obtain drugs from the organization’s drug stash and to deliver it to the customer at a pre-arranged location. The drug runners then met with the customer and provided the drugs in exchange for cash. Casado or another member of the organization would collect the proceeds of the drugs sales from the drug runners periodically throughout the day. On February 12, 2019, defendant Rentas-Torres sold 79 baggies of fentanyl and 81 baggies of cocaine in exchange for $600, on behalf of the drug trafficking organization.

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 Darryl Mickle, 35, of Rochester, NY, who was convicted of possession with intent to distribute cocaine base, was sentenced to serve 57 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that the defendant was apprehended by Rochester Police Officers on January 16, 2019, as they responded to the area of 295 Central Park for the report of a menacing incident. Officers encountered Mickle at the scene and ordered him to exit his vehicle. Upon further investigation, officers observed marijuana in the defendant’s vehicle, and after a further search, located 42 baggies of powder cocaine, 44 baggies of crack cocaine, 47 baggies of marijuana, and a loaded .32 caliber semi-automatic pistol. $4,198 was also recovered from the vehicle and Mickle.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Anthony Leone, 55, of Clarence, NY, who was convicted of unlawful possession of a controlled substance and making material false statements, was sentenced to two years probation, to include three months home confinement, by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 8, 2016, the defendant, who was a licensed spine and general orthopedic surgeon and Drug Enforcement Administration registrant, completed a controlled substance form for Henry Schein, a commercial distributor of controlled substances. One of the questions on the form asked Leone if he used “any controlled substances ordered to treat family members,” to which he responded, “no.” That statement was false. Leone in fact ordered zolpidem for treatment of an identified family member.

Further, the form asked the defendant whether he used any of the controlled drug items he ordered for his own personal use, to which he again falsely responded “no,” as Leone ordered Adderall XR, tramadol, and clonazepam for his own personal use.

Finally, the form asked the defendant whether his office performed surgery or any other in office procedures that required the use of controlled substances, to which he responded with the following: “Procedures performed on an outpatient basis: Epidural steroid injections and facet injections, outpatient procedure: lumbar and [illegible word] spine reconstructive surgery.” That statement was also false in that Leone did not administer or dispense controlled substances in his office, but instead, wrote patients prescriptions for fulfillment at a pharmacy.

Thereafter, the defendant ordered and received bulk quantities of Adderall XR, hydrocodone, both Schedule II controlled substances, and clonazepam, tramadol, and zolpidem, all Schedule IV controlled substances from Henry Schein.

On April 24, 2018, the Drug Enforcement Administration conducted an administrative search at Leone’s offices located at 934 Cleveland Drive in Cheektowaga, NY. During that search, the defendant told DEA agents that he ordered quantities of hydrocodone, which he dispensed to patients. In truth and fact, Leone was transporting the hydrocodone from his medical office in Cheektowaga to his residence in Clarence, where he stored them for his own personal use.

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

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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 Jeriel Slay, 29, of Brooklyn, NY, and co-defendant Sirr Wright, 44, of Norfolk, VA, who were each convicted of conspiracy to commit wire fraud and aggravated identity theft, were sentenced to serve 112 months and 48 months in prison respectively by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between December 2016 and September 2018, the defendants conspired with Angela Slay, Michael Wright, and others to defraud multiple victims.

As a part of their scheme, Jeriel and Angela Slay, who are siblings, stole the identities of unsuspecting individuals and created fictitious Limited Liability Companies (LLCs), with company names indicating ownership by the victims. The defendants then opened bank accounts under the names of the LLCs and fraudulently transferred money from a victim’s actual bank account to the LLC bank account.  

Specifically, on December 14, 2016, Jeriel Slay fraudulently obtained Victim 1’s personally identifying information from the internet and opened a bank account in Victim 1’s name. Jeriel Slay then contacted Victim 1’s legitimate financial institution and transferred money via wire transfer from Victim 1’s legitimate account to the fraudulent bank account. Jeriel Slay, using device-making equipment, then created fraudulent driver’s licenses, fraudulent utility bills, and other identification documents in the name of Victim 1. The fraudulent driver’s license had Victim 1’s information but Sirr Wright’s image on the card. Using these fraudulent identification documents, Wright went to the bank that serviced the fraudulent Victim 1 bank account and withdrew the funds from that fraudulent account, totaling $65,960.

All defendants have been convicted in this case.

The sentencings are the result of an investigation by 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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Jose Garcia-Santiago, 61, of Niagara Falls, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to serve 70 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael Adler, who handled the case, stated that in September 2017, the U.S. Postal Service intercepted packages arriving from Puerto Rico and addressed to various residences in Niagara Falls, NY. Postal inspectors seized approximately five kilograms of cocaine that were intended for Santiago and his co-conspirators. One of the packages was addressed directly to the defendant’s home address.  Another was addressed to the home of Katherine Dejesus-Gonzalez.

Thereafter, beginning on May 8, 2018, investigators intercepted numerous conversations involving the defendant discussing cocaine trafficking and the associated proceeds. Many of those conversations were with co-conspirator Edgar Joel Jimenez-Rodriguez.

On May 26, 2018, the New York State Police stopped the vehicle the defendant was driving. Co-conspirator Katherine Dejesus-Gonzalez was a passenger. Troopers seized five kilograms of cocaine from the vehicle.

All three defendants have been convicted. 

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

Thomas Licata, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.

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

BUFFALO, NY – The Justice Department’s Office of Justice Programs today announced awards of more than $333,000,000 to help communities affected by the opioid crisis. $1,261,995 will help public safety and public health professionals in Niagara, Erie, and Monroe Counties in the Western District of New York to combat substance abuse and respond effectively to overdoses. An additional $13,000,000 will fund related efforts across New York State.

“Opioids have taken the lives of far too many of our loved ones,” said United States Attorney James P. Kennedy, Jr. “In the Western District of New York, partners across the community, including our Office, have joined forces to tackle this deadly epidemic head on and, while we have seen success in our fight, even one death is too many. This funding will assist us as we continue to innovate and find new ways to eradicate these deadly drugs—and the destruction they wreak with them—from our community.”  

“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless,” said PDAAG Sullivan. “This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time.”

The Western District of New York recipients include:

• Niagara County which will receive $898,887 to expand access to supervision, treatment and recovery support services across the criminal justice system; support law enforcement and other first responder diversion programs for non-violent drug offenders; promote education and prevention activities; and address the needs of children impacted by the opioid epidemic; • The Monroe County Medical Examiner’s Office will receive $183,108 under the Strengthening the Medical Examiner-Coroner System Program, which addresses the extreme shortage of board-certified forensic pathologists and aims to improve medical examiner-coroner services by supporting efforts toward agency accreditation; • The Erie County Medical Examiner’s Office Toxicology Laboratory will receive $180,000 to be used, in part, to address the backlogs of seized drugs as a result of the opioid crisis; and
• New York State will receive a total of $13,513,000 for various opiate related efforts and programs.
 
With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services and research—to help save lives and break the cycle of addiction and crime.

The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.

Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Hinca, 28, of Lancaster, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to distribute heroin. The charge carries a maximum penalty of 20 years in prison, and a maximum $1,000,000 fine.

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

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

Sentencing is scheduled for April 1, 2020, before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Connell, 27, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that on May 21, 2019, Connell robbed the Chase Bank at 1982 East Ridge Road in Irondequoit, NY. The defendant entered the bank and handed the teller a note that demanded money and alleged that Connell had a hostage outside. The defendant also threatened to shoot if the teller did not hurry. The teller handed Connell a quantity of currency and he fled the bank.  

The defendant was later identified as the robber through photographs from the robbery, facial recognition technology, and a fingerprint left on the robbery note that was handed to the teller. 

The plea 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, and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.

Sentencing is scheduled for March 13, 2020, at 10:15 am 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 Matthew Johnson, 28, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to serve 25 years in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between late 2014 and May 2015, the defendant, along with several other members and associates of the L.R.G.P. Gang, sold and distributed crack cocaine in the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. Johnson also sold cocaine out of 41 Houghton Street in Buffalo to various drug customers, including an undercover police officer.

During this conspiracy, on December 14, 2014, the defendant shot and killed Terrell Taylor as he was walking in the area of Brinkman Avenue and Rohe Street in Buffalo.  Johnson mistakenly believed that Taylor was a member of a rival gang.

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, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Aikens, 61 of Clymer, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 54 months in prison and five years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that in late June 2018, Homeland Security Investigations in Buffalo received information that a user, identified as "EJD," was active on the Thai based child pornography open website "Boyxzeed2.net.” Investigators traced the email address utilized by “EJD” to Scott Aikens.

On September 14, 2018, Homeland Security Investigations and the New York State Police executed a search warrant at the defendant’s residence on Route 474 in Clymer and interviewed Aikens, who admitted that he viewed child pornography and that child pornography would be found on his computer. Investigators seized the computer and other electronic devices, which were found to contain a total of 683 videos and 22 images of child pornography.

Some of the child pornography possessed by the defendant depicted prepubescent minors or minors less than 12 years of age, and some of the child pornography possessed by the defendant contained sadistic or masochistic conduct or other depictions of violence.

At the time of his arrest, Aikens was a school teacher with the Clymer Central School District.

Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, 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 Ricky Butler, 43 of Buffalo, NY, who was convicted of conspiracy to commit bank fraud and aggravated identity theft, was sentenced to serve 96 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorneys MaryEllen Kresse and Jonathan Cantil, who handled the case, stated that between July 2013 and January 2014, the defendant conspired with others, including Randy Jarrett, Tamika Favors, Catherine Jarrett, Teria Baker, and Danielle Hamilton, fraudulently to obtain and use unauthorized access devices, namely credit cards, without the knowledge or authorization of the true account holders. Butler used the true account holder’s personal identifying information and account access information to contact financial institutions and have new or replacement credit cards issued to addresses in the Western District of New York and elsewhere. During the course of the scheme, Butler took over 59 credit card accounts. Those credit cards were used by the defendant and the other conspirators to make, and to attempt to make, purchases at Walmart stores and other retail establishments totaling nearly $1,084,000.

Throughout the scheme, the defendant controlled all credit cards, determined where all credit cards would be used to make purchases, and directed Tamika Favors, Teria Baker, Danielle Hamilton, and others to forge the signature of the name on each card to finalize purchases. Butler also maintained control of all gift cards purchased, directed all subsequent sales of the gift cards, and received the majority of the proceeds from the gift card sales.

All six defendants in this case have all been convicted. 

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

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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 Philip M. Close, 42, of Rochester, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant owns the Close School of Music on West Ridge Road in the Town of Parma, which offers private music lessons to children and adults of all ages. Close has been teaching music lessons throughout New York State for over 20 years.

According to the complaint, on December 5, 2019, the Monroe County Sheriff’s Office received information from a mother with two children taking lessons at the Close School of Music, that a video camera was attached to the toilet in the bathroom. The parent indicated that earlier that day, while waiting for her child (Minor Victim 1) to finish her music lesson, she used the bathroom. While in the bathroom, the mother observed a small black camera lens facing towards the toilet seat, and a small metallic-looking piece hanging from a wire off of the toilet. The mother grabbed and pulled the wires and found a camera-device and wires taped to the bottom of the toilet with black electrical tape. After finding this camera device, she removed it from the bottom of the toilet, and proceeded to contact 911.

A Monroe County Sheriff’s deputy reported to the Close School of Music and spoke with the defendant who acknowledged that the device was his. Close was taken into custody.

On December 6, 2019, a search warrant was executed at the music school and multiple digital computing devices were seized, including a laptop computer. A preliminary review of the laptop located three videos of Minor Victim 1. One of the videos included Minor Victim 1 using the toilet. Another video shows Minor Victim 1 laying down on a piano bench and Close’s leg. The defendant is seen moving Minor Victim 1’s shirt up to expose her stomach and touching her stomach. Close then begins to touch other parts of Minor Victim 1’s body. Minor Victim 1 is seen sliding under the piano in what appears to be an attempt to prevent the defendant from touching any further.

The defendant made an initial appearance this afternoon before U.S Magistrate Judge Mark W. Pedersen and was held pending a detention hearing on December 17, 2019.

Members of the public who have specific information related to this case are asked to call the Monroe County Sheriff’s Office Tip-line at 1-585-753-4175.

The complaint is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carl Anthony, 66, of Niagara Falls, NY, was arrested and charged by criminal complaint with attempted production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, on June 19, 2019, Town of Niagara Police received a complaint regarding a now-13 year old female (Minor Victim) who had been surreptitiously video recorded while changing and showering. The defendant was identified as the individual responsible for making the recording.

On July 9, 2019, a federal search warrant was executed at Anthony's Niagara Falls residence. A hard drive that was seized during the execution of the search warrant was found to contain two videos, both of which showed the Minor Victim changing and showering in a bathroom.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer. Subject to a home inspection, Anthony will be released on a number of conditions, including home detention. 

The complaint is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, 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 Gary Zeitvogel, 45, of Gates, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in June 2019, Facebook alerted the National Center for Missing and Exploited Children (NCMEC) that the defendant appeared to be engaged in sexually explicit conversations with a 15 year old female. Utilizing information provided by Facebook, NCMEC determined that Zeitvogel and the minor victim were both located in Rochester.

NCMEC forwarded the tip to the New York State Police, who located the victim and discovered that the defendant was serving a term of probation with the Monroe County Probation Department. Zeitvogel had been convicted of Endangering the Welfare of a Child. On July 1, 2019, State Police investigators and Monroe County Probation Officers searched the defendant’s residence in Gates and recovered a cell phone which contained the Facebook application, in violation of his probation conditions. Zeitvogel was taken in to custody violating his probation.

A search warrant was executed on both the phone and Facebook account. Investigators observed over 1,500 images of child pornography on the phone, some of which depicted prepubescent minors, including the minor victim. Investigators also discovered sexually explicit conversations between Zeitvogel and the minor victim on Facebook, which took place between March and June 2019. Investigators also determined that the two had been in contact at the defendant’s home. 

The plea is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly

Sentencing is scheduled for March 17, 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 Victor Quinones, 23, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to distribution of heroin. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that on July 16, 2019, the defendant sold heroin to an individual working with the FBI. A few days later, on July 18, 2019, a federal search warrant was executed at Quinones’ residence on Leroy Avenue where he was apprehended. Investigators recovered drug packaging and a quantity of butyryl fentanyl. Quinones admitted to selling heroin in the Buffalo area for approximately one year.

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

Sentencing is scheduled for April 24, 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 Wa1demar Martinez, a/k/a Crazy, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a maximum $5,000,000 fine.

Assistant U.S. Attorneys Meghan Leydecker and Charles J. Volkert, Jr., who are handling the case, stated that between December 2015 and June 7, 2016, the defendant conspired with others to distribute over 500 grams of cocaine in the Buffalo area. Martinez used a residence at 275 Tonawanda Street in furtherance of his drug trafficking activities. On June 7, 2016, the defendant sold cocaine to an individual working with the Drug Enforcement Administration.

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

Sentencing is scheduled for April 1, 2020, before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyler Taylor, 28, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 180 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant was arrested after law enforcement officers executed a search warrant at 70 Texas Street in Rochester. During the search, officers recovered approximately 655 decks of fentanyl, materials consistent with the packaging of narcotics, and a firearm, among other contraband.

On May 3, 2018, Taylor sold fentanyl that led to the overdose death of an individual identified as S.M.

The sentencing is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Sheriff Todd Baxter, and the Bureau of Alcohol, Tobacco, Firearms & 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.

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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 Shaiquan Moran-Stenson, 23, of Lewiston, Maine, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of a firearm by a convicted felon and possession of marijuana. The charges carry a maximum penalty of 13 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on July 8, 2019, Moran-Stenson, a three-time convicted felon, was found in possession of marijuana as well as a .22 caliber revolver loaded with five rounds of ammunition following a traffic stop in Rochester’s Marketview Heights neighborhood. As a convicted felon, Moran-Stenson is prohibited from legally possessing firearms. This is the defendant’s fourth felony conviction – his second gun felony, and his third drug felony.

The plea 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.

Sentencing is scheduled for March 12, 2020, at 11:00 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 Oliver Kimmons, 52, of Lockport, NY,  who was convicted of sex trafficking, was sentenced to serve 20 years in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Meghan A. Tokash, Douglas A.C. Penrose, and Joel L. Violanti, who handled the case, stated that over the course of three years, the defendant solicited and coerced young and opiate-addicted women to have sex with paying customers in exchange for drugs. Kimmons drove the victims to Western New York farms, dairies, and Indian reservations where they engaged in sex acts with paying customers. The defendant collected the money from customers and then “paid” his victims in heroin. Kimmons also had sex with the victims in exchange for drugs.

The sentencing is the result of an investigation by the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and 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, NY – The Department of Justice today announced that it has awarded more than $376,000,000 in grant funding to enhance state, local and tribal law enforcement operations and reinforce public safety efforts in jurisdictions across the United States. $9,780,780 will support public safety activities in and around the Western District of New York. The awards were made by the Department’s Office of Justice Programs.

“One of the top priorities of my Office is enhancing the collaborative relationship we have with all levels of law enforcement, including local, state, and federal, as well as our community partners,” stated James P. Kennedy, Jr., United States Attorney for the Western District of New York. “When investigative agencies at all levels are equipped with the tools they need to conduct the most thorough and comprehensive investigations, that leads to the most effective prosecutions. And when our community partners are properly funded, they too play a vital role in making our community safer. These public safety grants will do just that, give our law enforcement and community partners what they need to get the job done.” 

“Crime and violence hold families, friends and neighborhoods hostage, and they rip communities apart,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These programs help restore the health and safety of crime-ravaged communities by supporting prevention activities, aiding in the apprehension and prosecution of perpetrators, facilitating appropriate sentencing and adjudication, and providing communities and their residents the means for recovery and healing.”

The Western District of New York recipients include:

• The New York State Division of Criminal Justice Services, which will receive $8,576,883 to allow New York State and local governments within the State to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions; • The Rochester Police Department Victim and Family Services and Monroe County Probation NightWatch, which will receive $163,554; • The City of Niagara Falls, which will receive $44,114, for Community Liaison and Interoperable Handheld Radios; • The City of Jamestown, which will receive $17,460 for the purchase of a Mobile Speed Trailer and Alco-Sensor; • The City of Buffalo, Erie County, and Town of Cheektowaga, which will receive $236,151 for collaborative crime fighting efforts;  • The Livingston County Sheriff’s Office Victim Specialist Program, which will receive $267,618; and
• The Cayuga County Youth with Sexual Behavior Problems and Adolescent Sex Offender program, which will be receiving $475,000.

The awards announced today support an array of crime-fighting initiatives, including the quarter-billion dollar Edward Byrne Justice Assistance Grants Program, which funds public safety efforts in 929 state, local and tribal jurisdictions. Funding also supports sex offender registration and notification, law enforcement-based victim services, the testing of sexual assault kits, and programs designed to address youth with sexual behavioral problems. Other awards will focus on wrongful convictions, intellectual property enforcement, innovative prosecution strategies and the safety and effectiveness of corrections systems.

For more information about OJP awards, visit https://www.ojp.gov/funding/Explore/OJPAwardData.htm.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

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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 Antonio Rivera, 36, of Williamsville, NY, who was convicted of wire fraud, was sentenced to serve 30 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $2,500,000 in restitution to CVS Pharmacy.

Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that the defendant was employed as a Senior Assistant Purchasing Associate for CVS Pharmacy. This position required Rivera to order a variety of retail products sold by CVS, including diabetic test strips. 

In July, 2018, CVS's internal systems red flagged the purchasing of diabetic test strips at a CVS located in Rochester, NY. A package located in the store’s shipping area did not have a CVS label, included Rivera’s return address, and came from a company with which CVS does not do business. A subsequent internal investigation by CVS determined that Rivera routinely purchased diabetic test strips in excessive amounts, well over the need for that CVS location. The audit could not account for 20,203 boxes purchased by Rivera, for a total financial loss of approximately $2,535,307.62.

The defendant ordered surplus diabetic test strips and then intercepted the shipments once they arrived. He then sold the stolen product to a third party located in the State of Florida. A forensic accounting of Rivera’s bank accounts identified deposits which represented payments for the fraudulently obtained diabetic test strips that he sold.

The sentencing is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Financial Services, under the direction of Superintendent Linda Lacewell.

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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 Sonia Hernandez, 44, of Norwalk, CA, who was convicted of conspiracy to possess with intent to distribute heroin, fentanyl, and cocaine, and money laundering conspiracy, was sentenced to serve 72 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that in November 2007, the defendant was hired by a staffing agency in Los Angeles, CA, owned by co-defendant Herman Aguirre. In 2011, Aguirre closed most of the legitimate business operations but retained the defendant to work for him. Operations continued out of a warehouse in Montebello, CA, and Hernandez continued to provide secretarial support for the business. At some point between 2011 and 2013, the business transitioned to the illegal trafficking of narcotics and the defendant continued to assist Aguirre in that venture. From January 2013 to September 2015, Hernandez sold quantities of fentanyl, cocaine, and heroin.

In furtherance of the drug trafficking conspiracy, the defendant on two occasions transported shipments of cocaine and heroin to the Western District of New York. On May 23-26, 2014, Hernandez drove in a rental vehicle with co-defendant Martha Aguirre from Los Angeles to Buffalo. Eight kilograms of cocaine were hidden inside the rental vehicle. Additionally, on June 21, 2014, a Nebraska State Patrol officer stopped the defendant while she was driving a rental car on Interstate 80 in Seward County, Nebraska. Inside the rental vehicle were seven kilograms of cocaine and 10 kilograms of heroin. All 17 kilograms were destined for the Western District of New York to be distributed.

In addition, Herman Aguirre used “front” companies to launder over $12,000,000 in drug proceeds from Buffalo to Los Angeles, including Triton Foods, Inc. and Kamora Investment Enterprises, Inc., which were located in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, NY, but proved to be completely fake. Defendant Hernandez created fake invoices for the sale of sea cucumbers by these companies to the Western District of New York. Those invoices were intended to conceal the true source of these assets, which were the sale of cocaine, heroin, and fentanyl. The defendant also admitted to receiving cash totaling $1,997,174.07 that had been withdrawn from banks in the Central District of California and to providing that currency to Herman Aguirre for purposes of facilitating the unlawful activities organization.

On May 10, 2016, while under oath and testifying in a proceeding before a Federal Grand Jury, Hernandez made false material declarations regarding her participation in this conspiracy. The defendant falsely claimed before the Grand Jury that she had no knowledge of any drugs in the rental vehicles driven to the Western District of New York.

Hernandez is one of 17 defendants convicted in this case.

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; Homeland Security Investigations, under the direction of Special-Agent-in Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan Larson; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; the Montebello, California Police Department; the Nebraska State Patrol; and the DEA, Los Angeles.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to enticing a minor to travel to engage in criminal sexual activity. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on November 25, 2018, the defendant, then a 22 year old man, had sexual relations with Victim 1, a 14 year old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.
 
Following his arrest, the defendant persuaded Victim 1 to travel with him out of state to continue their relationship. On November 29, 2018, Torres-Acevedo picked up Victim 1 from school in Genesee County, NY, and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.
 
The plea is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
 
Sentencing is scheduled for February 13, 2020, 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 Jeffrey Maciejewski, 26, of Penn Yan, NY, pleaded guilty before U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving prepubescent minors. The charge carries a maximum penalty of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.

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

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

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

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

Sentencing is scheduled for February 21, 2020, at 10:00 am 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 Joshua Vandegrift, 33, of Rochester, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 13 years in prison by U.S. District Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the defendant was arrested by the Oswego County Sheriff’s Office after engaging a minor in sexually explicit conversations via Facebook. Following an extensive investigation, Sheriff’s Office investigators discovered additional minors who had been victimized by Vandegrift. The victims were located and identified by members of the FBI, Corning Office. The victims included a 12-year-old female, two 13-year-old females, and a 17-year-old female. In each of the conversations, the defendant sent the victims sexually explicit images and videos of himself, and attempted to induce the victims to send him nude photographs in return.   

The sentencing is the result of an investigation by the Oswego County Sheriff’s Office, under the direction of Sheriff Don Hilton; the Chemung County Sheriff’s Office, under the direction of Acting Sheriff William A. Schrom; and the Federal Bureau of Investigation, Corning Office, under the direction of Special Agent-in-Charge Gary Loeffert.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shameris Washington, a/k/a GB, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to racketeering conspiracy and possession with intent to distribute crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Of the 13 CBL/BFL Gang members charged in this case, Washington is the ninth to be convicted.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.

During his plea, defendant Washington admitted to the following:

• In 2013 and 2014, Washington and others recorded several music videos in and around the Towne Gardens for songs entitled “Damn Fool,” “My Side of Town,” and “War.” Washington and others displayed firearms, United States currency, and association with the enterprise.
• On August 21, 2015, Washington was in a vehicle on Dodge Street in Buffalo with others, and shot at Victim J, a rival gang member, attempting to kill him, in retaliation for the shooting of a charged co-defendant. 
• On August 30, 2015, Washington was in a vehicle at Genesee and Crossman Streets in Buffalo with others, and shot at Victim K, a rival gang member, attempting to kill him, in retaliation for the shooting of a charged codefendant.
• On September 21, 2015, Washington appeared in a video on Snapchat with a charged co-defendant who possessed a rifle while Washington possessed ammunition in the video. 
• On January 1, 2017, Washington was at a New Year’s Eve Party in an apartment building in the Towne Gardens. An individual entered the party and struck a charged co-defendant with a bottle. Washington and others then punched and kicked the individual and trapped him in an apartment. 
• On February 16, 2018, Washington was present in the cellblock at the United States Courthouse of the Western District of New York. He was left alone in a cell pending a court proceeding. When the defendant was retrieved from his cell for the proceeding, a Deputy United States Marshal observed “BxFxL” carved into the cellblock wall, which was not present when the defendant entered the cellblock.
• In 2015, Washington sold crack cocaine at least 10 times, and heroin at least 20 times, to an individual working with investigators.
• On December 1, 2017, at 15 Mary Johnson Boulevard in Buffalo, Washington fled from Buffalo Police Officers and discarded a pistol and ammunition. Following the chase, officers stopped the defendant, arrested him, and transported him to Buffalo Central Booking. After Washington left the police vehicle, officers recovered a bag containing a quantity of butyryl fentanyl.

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

Sentencing is scheduled for April 10, 2020, at 9:30 a.m. before Judge Vilardo. 

# # # #  

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Richard E. Kinsey Jr., 35, Brandi M. Whitford, 23, and Terrence M. McRae, 39, all of Jamestown, NY, with narcotics conspiracy. Defendants Kinsey and Whitford are also charged with using and maintaining a drug-involved premises and possession of firearms in furtherance of drug trafficking, while defendant McRae is charged with possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, between September 2019 and October 23, 2019, the defendants conspired to sell methamphetamine in the Jamestown, NY area.

On September 6, 2019, members of the Jamestown Metro Drug Task Force executed a state search warrant at the residence of defendants Kinsey and Whitford. Kinsey and Whitford were home at the time and McRae was also present. As officers entered, McRae was observed exiting the residence to a second story porch roof, where he made a throwing motion. Officers observed a firearm flying through the air from McRae's direction to the ground where it was recovered.

During the search warrant, investigators recovered three additional firearms, eight ounces of suspected methamphetamine throughout the apartment, approximately $11,000 in US currency, assorted ammunition, and drug paraphernalia to include scales and packaging material.

All three defendants have been arraigned and are being detained.

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

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

# # # #

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, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to four counts of being a felon in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that 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 plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.

Sentencing is scheduled for February 14, 2019, at 10:00 a.m. before Chief Judge Geraci.

# # # #

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Mark E. Wolanyk, 61, of Clarence Center, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to tax evasion. The charge carries carry a maximum penalty of five years in prison and a $250,000 fine. 

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

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

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

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

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

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

Sentencing is scheduled for April 3, 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 a federal grand jury has returned an indictment charging David Katz, 55, of Chula Vista, CA, with conspiracy to possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin, attempted possession with intent to distribute one kilogram or more of heroin, and attempted possession with intent to distribute five kilograms or more of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment and information presented in court, on June 7, 2017, Homeland Security Investigations Special Agents seized two kilograms of heroin in Phoenix, AZ, and another 10 kilograms of cocaine in Buffalo, NY. Subsequent investigation revealed that the defendant funded a portion of the heroin and drove the heroin from California to the area of Phoenix, AZ. Katz also helped fund a portion of the cocaine that was seized in Buffalo. During the investigation, the defendant discussed with an undercover investigator, the sale of a portion of a warehouse he owns in Chula Vista, in an attempt to fund large quantity narcotics transactions. 

Katz is currently detained in California and will be brought to the Western District of New York at a later date. 

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

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

# # # #

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dijon Harris, 53, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute 28 grams or more of crack cocaine, and possession of a firearm in furtherance of drug trafficking activity. 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. Attorney Laura A. Higgins, who is handling the case, stated that on September 5, 2014, law enforcement officers executed a search warrant at the defendant’s residence on Hewitt Avenue in Buffalo. They recovered crack cocaine; heroin; $120,485.00 in United States currency; four firearms; ammunition; and assorted drug paraphernalia including a grinder, two digital scales, razors, scissors, spoons, plastic straws, and packaging materials.

The plea 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, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

Sentencing is scheduled for March 31, 2020, before Judge Arcara.

# # # #

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Rejjie Ni, 22, of Amherst, NY, was arrested and charged by criminal complaint with unlawful possession of a machine gun, and unlawful possession of an unregistered machinegun. The charges carry a maximum penalty of 10 years in prison. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on March 18, 2019, the Amherst Police Department responded to an apartment complex on Herron Drive. A maintenance worker conducting a routine inspection of the defendant’s apartment noticed a number of firearms in the apartment in plain view. The maintenance worker left the building and notified his manager who then notified police.

When officers arrived, Ni allowed them into the apartment. Once inside, officers made contact with Ni and three others. Officers discovered numerous rifles, ammunition boxes, and ammunition magazines, as well as a box that appeared to be for a rifle that displayed a shipping address from the State of Texas, sent directly to Ni in New York State. 

Officers then obtained a New York State search warrant and recovered a total of 33 rifles, two shotguns and numerous rounds of ammunition. Nineteen rifles and some of the ammunition were located in Ni's room. The officers seized three of the firearms which were believed to be illegal under New York State law.

According to the complaint, the defendant converted at least one of the firearms into an illegal machinegun.

The defendant is being held following a detention hearing this afternoon before U.S. Magistrate judge Michael J. Roemer.

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

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Markiest D. Hartfield, 24, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to being a felon in possession of firearm and ammunition. 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 January 4, 2019, members of the Rochester Police Department approached the defendant in the area of North Clinton Avenue and Scrantom Street in Rochester. When the officers approached Hartfield, he had a semi-automatic rifle concealed in his pants. The defendant was also found in possession of approximately 77 rounds of ammunition.

In March 2018, Hartfield was convicted of Attempted Robbery in the Second Degree, and as a result, he is legally prohibited from possessing a firearm and ammunition. 

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 February 27, 2020, at 10:15 a.m. before Judge Siragusa.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dustin Post, 24, of Fredonia, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years in prison, and a fine of $250,000.

Special Assistant U.S. Attorney Catherine Dagonese, who is handling the case, stated that according to the criminal complaint, the New York State Police in Fredonia, in August 2019, received a parental complaint involving the commission of a possible sex offense upon a minor. According to the parent, the parent’s eight-year old child (Minor Victim 1) told the parent that the child had been sexually abused by the defendant, a family friend, sometime in the summer of 2018. When interviewed by the Child Advocacy Center, Minor Victim 1 stated that Post took the minor victim to a house, blindfolded her, and sexually abused her. Minor Victim 1 believes that the defendant likely video-recorded the abuse, adding that defendant showed her pictures of other children and explained that he had videos of other children engaging in similar conduct.

The complaint further alleges that defendant, also in the summer of 2019, video-recorded his abuse of a 12 year-old girl (Minor Victim 2) and, in 2018, received images of an 11 year-old girl (Minor Victim 3), via Snapchat.

On November 15, 2019, investigators removed a cellular telephone, a laptop computer, and four flash drives from defendant’s residence. An initial review of the electronic devices recovered multiple images and videos of suspected child pornography.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was being held pending a November 26, 2019, detention hearing.

Members of the public who have specific information related to this case are urged to contact HSI at 716-464-6070 or HSIBuffaloTips@ice.dhs.gov. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources. The complaint is a result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Edward Kennedy.

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Roy Jones, 54, formerly of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to production of child pornography. The charge carries a minimum penalty of 15 years in prison, and maximum penalty of 30 years in prison.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that in the summer of 2006, the defendant produced child pornography involving two minors, one of whom was under Jones’ custody, care and control. The defendant saved the pornographic images to multiple storage media devices he possessed, and transported them from New York to Tennessee. Jones was later arrested and convicted in Tennessee on similar charges involving other minors.

The plea is the result of an investigation by the Hamblen County, Tennessee, Sheriff’s Office, under the direction of Sheriff Esco R. Jarnagin, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for May 19, 2020, at 11:00 a.m. before Judge Larimer.

# # # #

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Atif Ullah, 30, of Buffalo, NY, who was convicted of distribution of child pornography, was sentenced to serve 144 months in prison and 30 years supervised release, by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron Mango, who handled the case, stated that on March 6, 2018, the defendant distributed a video that he knew constituted child pornography using his cellular telephone.            

On August 16, 2018, law enforcement officers executed a federal search warrant at the Ullah’s residence and seized two cellular telephones, each containing images of child pornography. An examination of the telephones revealed a total of 33 images of child pornography. Eight of the images were produced by the defendant between June 22 and August 16, 2018. The minor depicted in the images was seven years old at the time of the production and was related to the defendant.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ibrahim Dirweesh, 35, of Atlanta, Georgia, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced by Senior U.S. District Judge William M. Skretny to serve 24 months in prison.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that on August 22, 2018, following a secondary inspection, the defendant was detained by Customs and Border Protection officers at the Peace Bridge Port of Entry. During that secondary inspection, images and videos of child pornography were discovered on Dirweesh’s cell phone. The videos were sexual in nature involving pre-pubescent children as young as two years-old. 

The sentencing is the result of an investigation by U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and 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 Malik Lott, 25, of Rochester, NY, who was convicted of two counts of Hobbs Act Robbery, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that in the early morning hours of December 28, 2018, Lott went to the McDonald’s restaurant on East Avenue in Rochester with co-defendants Lavon Wims and Juwan Baldwin. Lott and Wims entered the restaurant, and Wims held a knife to the throat of an employee. Wims then dragged the employee to the cash register—and then to the safe—and demanded money.  At the same time, Lott displayed what appeared to be a handgun to another McDonald’s employee. Wims and Lott then fled the McDonald’s with the stolen cash.

On January 23, 2019, Lott went to Jordy’s Spirits on Dewey Avenue in Rochester with co-defendants Lavon Wims and Kayla Dade. Lott and Wims entered the store, and Wims pointed what appeared to be a gun at the store employee, and demanded money.  Lott waited by the front door of the store, and after Wims told the employee to give them money, Lott then assisted Wims in removing cash from the register drawer. Wims and Lott then fled the store with the stolen cash.
Co-defendants Baldwin, Wims, and Dade were all previously convicted and are awaiting sentencing.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Violent Crimes 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 Rochester Police Department, under the direction of Chief La’Ron Singletary.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Lonnie Etienne Green, a/k/a Lonnie Coleman, 49, of Buffalo, NY, was arrested and charged by criminal complaint with making a false statement in an application for a United States Passport. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Caitlin Higgins, who is handling the case, stated that according to the complaint, on April 23, 2019, a person purporting to be the defendant submitted an application for a U.S. Passport. Green claimed that he was born in Buffalo, NY, on June 30, 1970. When asked on the application to “list all other names you have used,” Green falsely wrote “None” in the field, indicating that he had not used any other names.  During the adjudication process, two social security numbers were linked to Green. One of the number was linked to a case involving child support arrears. Additionally, a check of a law enforcement database also revealed a Tennessee Driver's License for the defendant in the name of Lonnie E. Coleman. When questioned at the Buffalo Passport Agency, Green falsely stated that he had never been issued any other social security numbers, and that his birth certificate had never been amended. 

Green made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released.

The complaint is the result of an investigation by the U.S. Department of State’s Diplomatic Security Service, under the direction of Resident Agent-in-Charge Kenneth M. Haynes, and the Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge John F. Grasso.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard A. Lobur, 55, of Akron, NY, who was convicted of theft of government money, was sentenced to 18 months’ probation by U.S. District Judge Elizabeth A. Wolford. The defendant will also pay $39,182.92 in restitution to FEMA.

Assistant U.S. Attorney John D. Fabian, who handled the case, stated that on January 12, 2015, the defendant deposited into his account at the Bank of Akron, $18,000 of grant funds intended to be used for educational expenses for his children. The funds were administered as part of a Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) grant.

Between January 12 and June 9, 2015, Lobur provided $15,000 of the grant funds to his children, but also converted more than $1,000 of the remaining $3,000 to his personal use. The defendant knew that he was not entitled to convert the grant funds to his own personal use and he knew that the intended and lawful use of the funds was for educational expenses for his children.

The money was used for, among other things: payments on a Yard Card, Discover Card, and FIA Card, which were used to buy a truck, lawnmower and camper, and a payment to Akron Mobile Home Park.

The sentencing is the result of an investigation by the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent-in-Charge John Tiano, Detroit Field Office; the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent-in-Charge Geoff Wood; and the New York State Comptroller’s Office, under the direction of New York State Comptroller Thomas DiNapoli.  

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick W. Carlineo, Jr., 55, of Addison, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to threatening to assault and murder a United States official, and being a felon in possession of firearms. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both. 

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

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

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

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

“This prosecution highlights the fact that the rights secured in our Constitution carry with them certain responsibilities,” noted U.S. Attorney Kennedy. “The First Amendment right to freedom of speech carries with it the responsibility that individuals not make threats to harm lawmakers simply because they may disagree with them. The Second Amendment right to bear arms carries with it the responsibility that individuals who desire to possess firearms not commit felony crimes. This Office remains vigilant in upholding the rule of law and reinforcing the notion that—above all else—our Nation’s founders viewed self-governance as the responsibility that each citizen has to control and govern their own behavior.”

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

Sentencing is scheduled for February 14, 2020, at 11:00 a.m. before Chief Judge Geraci.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging four members of a Grand Island, NY, family for their roles in two bank robberies. Timothy L. Mulvey, 33, is charged with aggravated bank robbery; entering a bank with intent to commit a larceny; bank larceny; obstruction of justice; false statements; conspiracy to obstruct justice; tampering with evidence; conspiracy to tamper with a witness; and tampering with a witness. The charges carry a maximum penalty of 25 years in prison and a $250,000 fine. 
In addition, Timothy’s father, mother, and sister were charged as follows: 

• Lawrence M. Mulvey, 66, (father) is charged with conspiracy to obstruct justice; obstruction of justice; accessory after the fact; and making a false statement; • Kelsey A. Mulvey, 27, (sister) is charged with conspiracy to obstruct justice and obstruction of justice; and
• Cheryl A. Mulvey, 67, (mother) is charged with obstruction of justice; conspiracy to tamper with a witness; and tampering with a witness.

Lawrence, Kelsey, and Cheryl Mulvey all face a maximum penalty of 20 years in prison and a $250,000 fine if convicted.

Assistant U.S. Attorney Joshua Violanti, who is handling the case, stated that according to the superseding indictment, on June 27, 2018, Timothy Mulvey is accused of robbing the Northwest Savings Bank located at 2300 Grand Island Boulevard, Grand Island, NY. He is also accused in a July 11, 2018, robbery which took place at M&T Bank, 880 Military Road, Niagara Falls, NY. In both instances, Timothy Mulvey displayed a weapon in a threatening manner.

The superseding indictment alleges that on July 12, 2018, the day after the second robbery, the defendant destroyed his cellular telephone. On July 13, Timothy Mulvey falsely told Special Agents of the Federal Bureau of Investigation that on July 11, 2018, (the date of the M&T Bank robbery) that he was in Rochester, NY, for work, and that his cellular telephone was electronically wiped by his employer.  

In addition, the superseding indictment alleges that between mid-July 2018 and March 2019, defendants Timothy, Lawrence and Kelsey Mulvey are accused of conspiring to and destroying a black gun in order to prevent it from being used as evidence in this case. Timothy Mulvey is also accused of persuading an individual to throw the black gun, which was stored in the basement of the Mulvey residence, into a dumpster. Timothy and Cheryl Mulvey are also accused of encouraging the individual not to cooperate with law enforcement officers. In addition, Timothy and Cheryl Mulvey are accused of instructing the individual to tell law enforcement officers that such individual was drunk when initially interviewed in July of 2018.

Cheryl Mulvey is also accused of testifying falsely and evasively as to whether she spoke with Timothy Mulvey about certain bank robberies; testifying falsely and concealing information about Timothy Mulvey's possession of a black gun; refusing to testify and concealing information about whether Kelsey  Mulvey  found  BB  pellets  in  Timothy  Mulvey's  vehicle;  concealing information about a black gun that was delivered to her residence in July 2018; and attempting to undermine the credibility of a witness.

The defendants were arraigned before U.S. Magistrate Judge H. Kenneth, Schroder, Jr. Timothy Mulvey is in custody. Lawrence, Kelsey, and Cheryl Mulvey were all released on conditions.

Prior to the return of the superseding indictment in this matter, Kelsey Mulvey was separately charged in a different indictment returned earlier this year which charged her with illegally obtaining controlled substances by fraud, tampering, and violation of the Health Insurance Portability and Accountability Act.

The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, 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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