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 Everardo Donoteo-Reyes, 27, of Mexico, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of a counterfeit social security card and alien registration card, and illegal re-entry after deportation. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in September 2016, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), administratively arrested the defendant in Gretna, Louisiana, and in October 2016, he was ordered removed from the United States. Upon his departure, Donoteo-Reyes was advised that he could not re-enter the United States without the permission of the United States Attorney General, or his Successor, the Secretary of Homeland Security.

On March 1, 2017, United States Border Patrol encountered the defendant in the United States and administratively arrested him in Laredo, Texas. Two days later, on March 3, 2017, Donoteo-Reyes pleaded guilty to entering the United States unlawfully and was sentenced to 15 days confinement.   On March 15, 2017, the defendant was physically removed from the United States to Mexico. Donoteo-Reyes was once again advised that he could not re-enter the United States without permission.

On May 24, 2018, the defendant was arrested by the Wayne County Sheriff’s Office on New York State criminal charges. The sheriff’s office sent Donoteo-Reyes’s fingerprints to Immigration and Customs Enforcement (ICE). An immigration records check determined that the defendant had no valid immigration status and was again illegally present in the United States. During the course of an investigation into the defendant’s missing girlfriend and her son, the Wayne County Sheriff's Office located fraudulent documents belonging Donoteo-Reyes, including a counterfeit alien registration card bearing defendant’s photograph, as well as a fraudulent social security card.

Donoteo-Reyes was subsequently indicted for the murder of his girlfriend and her toddler son. He pleaded guilty to 1st Degree Manslaughter on September 11, 2019, and he is scheduled to be sentenced on November 7, 2019.

“Although a violent crime, such as that to which this defendant pled guilty in New York State Court, may not be more egregious simply because it was committed by an illegal alien as opposed to a United States citizen or anyone else,” stated U.S. Attorney Kennedy, “what is particularly frustrating is that the defendant should never have had the opportunity to commit such a heinous crime in the first place. Simply put, the defendant should not have been in the United States, and the public needs to recognize that our immigration laws exist not only to punish those, like this defendant, who violate them but to protect those, like his girlfriend and her son, who do not. This Office will work tirelessly to continue to protect our community by faithfully discharging our duty to uphold all of the laws of our great Nation.”

The plea is the result of an investigation by agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Donoteo-Reyes is scheduled to be sentenced on the federal charges on December 16, 2019, before Judge Siragusa.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Sofonzia Mack, 37, of Rochester, NY, of possession with intent to distribute marijuana, and being a felon in possession of a handgun and ammunition.  The charges carry a maximum penalty of 10 years in prison and a $500,000 fine.

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

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

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

The jury found the defendant not guilty of possessing a firearm in furtherance of a drug trafficking crime and knowingly possessing a defaced handgun.

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

Sentencing is scheduled for December 5, 2019, at 10:00 a.m. before Judge David G. Larimer, who presided over the trial of the case.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lavon Wims, 27, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to six counts of Hobbs Act robbery. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

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

Co-conspirator Malik Lott previously pleaded guilty to his role in robberies at McDonalds and Jordy’s Spirits. Lott is scheduled to be sentenced on October 28, 2019, at 10:30 am before Judge Wolford.

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

Wims is scheduled to be sentenced on November 25, 2019, at 2:00 p.m. before Judge Wolford. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shannon Lambert, 33, of Canandaigua, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to obtaining controlled substances by fraud and identify theft. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that between 2011 and February 2019, the defendant was employed at Cornerstone Eye Associates in Rochester. Through her position, Lambert had access to Cornerstone’s internal computer databases, including an electronic prescription program which doctors at Cornerstone used to write and submit prescriptions to pharmacies on behalf of their patients.

Between approximately January 2018 and February 2019, the defendant accessed Cornerstone’s electronic prescription program and issued 73 fraudulent prescriptions in her name or the names of her family members. Lambert then had those prescriptions filled, and she picked them up from local pharmacies. The defendant used the name and an authentication device of an ophthalmologist who worked at Cornerstone, without their authorization, to issue the prescriptions. The 73 prescriptions totaled approximately 5,048 dosage units of Schedule II controlled substances, including hydrocodone and oxycodone. 

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

Sentencing is scheduled for December 16, 2019, at 2:30 p.m. before Judge Wolford.

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

BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Peter Hingston, 59, of Amherst, NY, was arrested and charged by criminal complaint with attempted sexual exploitation of a child, sexual exploitation of a child, and possession of material that contained an image of child pornography. The charges carry a maximum penalty of 40 years in prison. 

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that in June 2019, the Federal Bureau of Investigation learned the Buffalo Police Department was investigating an incident related to the possible production of child pornography involving Peter Hingston, a City Honors school teacher. The report alleged that Hingston, a middle school technology teacher was observed using a GoPro camera to photograph or record female students in a sexually inappropriate way.

Multiple students came forward regarding Hingston’s use of the GoPro during class.  An examination of the defendant’s GoPro camera revealed numerous videos of Hingston exposing himself and using the minor victims in a sexually explicit manner. 

“For the second time in two weeks, we are charging a Buffalo school teacher with a very disturbing crime,” stated U.S. Attorney Kennedy. “As parents, we trust that teachers will help to educate and shape our children. Where teachers violate that trust and seek to exploit our children to satisfy their own twisted desires, this Office, together with our partners in law enforcement, will do everything that we can to remove such predators. I want to commend the students at City Honors who had the courage and maturity to say something when they saw something.”

“The Hingston investigation reminds us to continue empowering our children to speak up and share what they see,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo office. “The criminal complaint describes student witnesses expressing valid concerns about Hingston's unusual behaviors in the classroom. The school in turn reported his actions to the Buffalo Police Department, and Buffalo Police reached out to the FBI Child Exploitation Task Force. The students' voices are the reason Hingston is not teaching middle school students right now in a Buffalo public school classroom.”

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael A. Roemer and was detained.

Members of the public who have information related to this case or feel they may have been victimized by Hingston are asked to call the Federal Bureau of Investigation at 716-843-1616 and leave a message and telephone number. A member of the FBI Child Exploitation Task Force will contact them during normal business hours.

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, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Town of Tonawanda Police Department, under the direction of Acting Chief James P. Stauffiger.

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

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Adriano Roberto Nunez, 27, of Queens, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to forcibly assaulting, resisting, opposing, impeding, intimidating or interfering with a federal officer and causing bodily injury. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that on June 3, 2019, the defendant was a passenger on a bus traveling from Canada into the United States at the Peace Bridge Pot of Entry. Nunez and other passengers exited the bus at a Customs and Border Patrol checkpoint in the United States for re-entry into the United States.

During a search of the defendant’s belongings, a CBP officer found gummy candies in a bag consistent with drug packaging. While a CBP officer performed a field test on the gummies, another CBP officer asked Nunez to place his phone and passport on the table. The defendant retrieved his passport and placed it on the table. Nunez also retrieved his phone but did not place it on the table, instead manipulated the phone with his hands. The CBP officer attempted to retrieve the phone from the defendant, and Nunez resisted. After the officer successfully gained possession of the phone, the defendant fled into another area of the building, with officers chasing after him. Nunez fled to an area with no exit, and officers caught up with him. The defendant resisted the officers by pushing and kicking at least one officer. The officer sustained bodily injury in the form of scratches and abrasions on his knee and elbow, as well as pain from being kicked.

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

Sentencing is scheduled for January 31, 2020, at 10:30 a.m. before Judge Vilardo.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Jones, a/k/a Tio, 56, of Niagara Falls, NY, who was convicted of conspiring to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to serve 90 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between October 2016 and September 29, 2017, the defendant distributed cocaine with various co-conspirators in the Buffalo/Niagara Falls area. On three occasions in August of 2017, defendant received a combined total of two and one-half kilograms of cocaine from his co-conspirators for the purpose of distributing it. During the course of the conspiracy, Jones regularly distributed at least one kilogram of cocaine per month on behalf of the organization for which he distributed.  To date, two of Jones’ co-conspirators have been convicted, while charges remain pending against four others. 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 sentencing is the result of an investigation by the Federal Bureau of Investigations, 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 Robert Lowe, 37, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to depredation of government property. The charge carries a maximum of one year in prison and a $100,000 fine. 

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that on March 30, 2017, at approximately 10:45 p.m., the defendant willfully crashed his motor vehicle into two exterior gates at the Federal Bureau of Investigation office located at One FBI Plaza in Buffalo.

As a result of the crash, $889.50 had to be spent on emergency gate repairs and emergency temporary barriers. Subsequently, an additional $88,040.58 had to be spent to purchase new gates, new gate controllers, and a new guard booth. An additional $20,866.72 was spent on overtime for guards necessitated by the repair work. The total amount spent because of the crash was $109,796.80.

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 December 19, 2019, before Judge Arcara.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Devincio K.D. James, 30, of Niagara Falls, NY, Luis Andino, 33, and Jenhsen Rodriguez, 33, both of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo for their roles in a drug trafficking organization that distributed drugs in the Niagara Falls and Buffalo areas.

• Defendants James and Rodriguez pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and face a mandatory minimum penalty  of five years in prison, a maximum of 40 years, and a fine of $5,000,000; • Defendant Andino pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 5 kilograms or more of cocaine, and faces a mandatory minimum penalty of 10 years in prison, a maximum of life in prison and a fine of $10,000,000.

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

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

One of defendant Andino’s roles was to assist Rivera-Figueroa by recruiting individuals to provide addresses where packages containing cocaine could be shipped, picking up packages containing cocaine shipped from Puerto Rico, making deliveries of cocaine to customers, and making trips to New York City to transport money and cocaine for the organization. Between June 15 and July 13, 2017, Andino recruited individuals in the Buffalo area to supply at least nine addresses for use by the organization to ship packages of cocaine from Puerto Rico to Buffalo. Andino was paid $100 per address by the Rivera-Figueroa organization. The addressee was then paid $500 per package received by the Rivera-Figueroa organization. When packages were delivered to the recruited recipients, Andino would retrieve the cocaine from the recipient address and transport it back to a stash house where it would then be distributed. During the course of the conspiracy, several packages containing cocaine were intercepted by the United States Postal Inspection Service.

Defendant Rodriguez was also a mid-level distributor of cocaine for Rivera-Figueroa. On September 13, 2017, Rodriguez traveled with a co-defendant to New York City to deliver proceeds of drug trafficking as payment for a quantity of controlled substances. On September 21, 2017, intercepted communications revealed that the Rivera-Figueroa organization expected to receive three postal parcels containing bulk quantities of cocaine that day. Rodriguez agreed to keep watch and take delivery of one of those three parcels destined for a residence on Tonawanda Street in Buffalo. The United States Postal Service intercepted two of the three parcels, including the parcel destined for Tonawanda Street.

On September 29, 2017, investigators executed a federal search warrant at Rodriguez’s residence at 42 Wiley Place. Multiple items were seized including a loaded .22 caliber rifle; approximately 100 rounds of .22 caliber ammunition; $10,115.00 in U.S. currency; a quantity of heroin and cocaine; two 2 scales; and drug packaging materials.

Rodriguez admits that he possessed the firearm in furtherance of his drug trafficking activities.

Following his arrest, defendant Rodriguez was released from custody on October 4, 2017. On December 29, 2018, the defendant was stopped in a vehicle traveling westbound on State Route 17 in Middletown, NY by New York State Police troopers for committing Vehicle and Traffic infractions. When questioned by the trooper, Rodriguez was traveling to New York City to pick up heroin to bring back to Buffalo for distribution.

A total of 12 defendants were charged and convicted in this case. 

The pleas are the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Police, under the direction of Major Edward Kennedy.

Devincio K.D. James is scheduled to be sentenced on January 31, 2020; Luis Andino is scheduled to be sentenced on January 24, 2020; and Jenhsen Rodriguez is scheduled to be sentenced on January 17, 2020, all 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 Dajon Nettles, a/k/a Gucc, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to racketeering conspiracy. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that between 2010 and August 28, 2018, the defendant was an associate with the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” He conspired with several other associates to sell drugs, commit robbery, retaliate against witnesses, and commit assault. CBL/BFL operated within a specifically defined geographic area on the East side of Buffalo. Gang members and associates engaged in drug trafficking to generate income and violent crimes to maintain control over their territory. As part of his plea, defendant Nettles admitted to participating in the following acts:

• On June 4, 2013, in the Towne Gardens neighborhood, the defendant shot approximately three times at a vehicle containing members of a suspected rival gang causing damage to the vehicle; • On June 8, 2013, Nettles provided a revolver to a co-conspirator and member of the CBL/BFL enterprise. On that date, the co-conspirator was engaged in a dispute with another individual at 418 South Park Avenue in Buffalo, and during the dispute, the co-conspirator pointed the revolver at an individual’s head and pulled the trigger. The firearm did not discharge. The co-conspirator was stopped by Buffalo Police later that day, and the police recovered a .32 caliber revolver loaded with five rounds of ammunition; • On September 21, 2015, the defendant appeared in a video on social media holding a rifle while a co-defendant held ammunition. Nettles’ possession of firearms as depicted on video, and other firearms he maintained access to as a member of the enterprise, occurred during times when the defendant and others were involved selling crack cocaine and other drugs as members of the enterprise;  • On August 7, 2017, Nettles sold crack cocaine to an individual working with investigators; • On August 29, 2018, the defendant was on Spring Street and Mary B. Talbert Boulevard when he was stopped by members of the FBI and the Buffalo Police Department who had a federal warrant for his arrest. Nettles had one bag of crack cocaine in his underwear and a scale with cocaine residue in his pants pocket; and
• On two occasions between 2014 and 2017, defendant sold crack cocaine to an individual working with investigators.

A total of 13 CBL/BFL members and associates have been charged in this case. Nettles is the fourth to be convicted. The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for January 24, 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 Pablo Rentas-Torres, 35, and Jesus Fernandez, 25, both of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, quantities of fentanyl, cocaine and crack cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that the defendants were members of a drug trafficking organization led by co-defendant Jose Casado. The organization distributed large quantities of fentanyl, cocaine and crack cocaine out of drug houses located on Clifford Avenue and Treyer Street in Rochester between December 2017 and May 15, 2019.

Jose Casado would obtain bulk quantities of fentanyl, heroin and crack cocaine, then he and other members of the conspiracy would “bag-up” or package the various substances to be sold to individual drug users. Drug users would contact Casado directly via cellular phone to order quantities of drugs and Casado would then routinely direct other members of the conspiracy, including the defendants, to obtain a particular quantity of drugs from the Casado organization’s drug stash, and 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. Between December 2017 and April of 2019, investigators conducted 13 undercover purchases from the organization.

On March 14, 2019, a search warrant was executed at the Clifford Avenue drug house. Members of the Drug Enforcement Administration and Rochester Police Department recovered 18 baggies of fentanyl, nine baggies of powder cocaine, nine baggies of crack cocaine, numerous materials used to package controlled substances, 1,800 rounds of .22 caliber ammunition, and 50 shotgun shells. On May 15, 2019, a second search warrant was executed at the Clifford Avenue residence where investigators recovered a .22 caliber pistol.

Rentas-Torres and Fernandez were arrested along with five other defendants, including Jose Casado. A total of three have been convicted. Charges remain pending against Jose Casado, Whitney Casado, Ricardo Casado and Gamalliett Rosario-Martinez. 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 pleas are 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 Rochester Police Department, under the direction of Chief La’Ron Singletary.

Rentas-Torres and Fernandez are scheduled to be sentenced on December 13, 2019, at 11:00 a.m. and 11:30 a.m. respectively, both 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 Julie Cota, 52, of California, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of actual methamphetamine, was sentenced to serve 120 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between January 2017 and June 27, 2017, the defendant conspired with others to sell methamphetamine.

In furtherance of the conspiracy, Cota worked together with co-defendant Thomas Williams to ship crystal methamphetamine from California to co-defendant Donald McKinney in Dansville, NY. The defendant, along with Williams, sent approximately four to six pounds of crystal methamphetamine to McKinney in Dansville via Federal Express parcel service, in exchange for money. Cota and Williams sold the crystal methamphetamine for $1,000 an ounce to McKinney, who then distributed the crystal methamphetamine to his own customers in the Dansville area.

Many of the methamphetamine sales took place at The Boneyard, an auto salvage business located in Dansville. Owner Kenneth Hoag was also convicted and forfeited the business as a result of his conviction. 

Cota was one of seven defendants convicted and sentenced in this case. Also convicted and sentenced:

• Thomas Williams - sentenced to serve 144 months in prison; • Donald McKinney - sentenced to serve 120 months in prison; • Kenneth Hoag - sentenced to serve 12 months and 1 day in prison and forfeiture of The Boneyard; • Kurt Redance - sentenced to serve 48 months in prison; • Andrew Culliton - sentenced to serve 36 months in prison; and
• Brandie Schumacher - sentenced to four years probation to include three months home detention.

“Like illicit opioids, methamphetamine destroys lives,” stated U.S. Attorney Kennedy. “Whether these drugs are on the streets of a large urban city, or in a small rural area, our Office is committed to working with our law enforcement partners to bring an end to the scourge and hold accountable those who seek to fill our communities with these dangerous and potentially deadly substances.”  

“Illegal drug sales have no borders and through our local, state and federal partners, we too are breaking down our jurisdictional borders to follow those distributing these deadly drugs,” stated Sheriff Thomas J. Dougherty. “We will continue to aggressively investigate drug crimes in Livingston County and do our very best to hold drug dealers accountable.”

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 Livingston County Sheriff’s Office, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Eric Laughton. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hang T. Lam, 46, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to the unauthorized use, transfer, acquisition, and possession of USDA food stamp benefits. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling 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 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; 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.

Sentencing is scheduled for December 16, 2019, before Judge Wolford. 

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daiquan Hill, 25, of Rochester, NY, who was convicted of conspiracy to distribute heroin, was sentenced to serve 57 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that between January 2018 and June 14, 2018, the defendant conspired with others to distribute heroin. In furtherance of the conspiracy, Hill distributed quantities of heroin to customers and also directed others as to when, where, and how much narcotics to deliver to customers. 

On June 14, 2018, law enforcement officers executed a search warrant at the defendant’s residence on Grafton Street in Rochester. They recovered approximately 38 grams of heroin and items used for the packaging and distribution of illegal narcotics for street-level distribution, including scales and baggies. 

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Velasquez, 26, of Rochester, NY, who was convicted of conspiracy to distribute over 40 grams of fentanyl, was sentenced to serve 37 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that between March and August 2018, the defendant conspired with sell fentanyl. On March 21, 2018, Velasquez distributed fentanyl to an undercover police officer. On June 23, 2018, the defendant was operating a vehicle in the area of 169 Joseph Avenue in Rochester when he was stopped by police. At the time, Velasquez was in possession of approximately 303 bags of fentanyl and approximately $6,820.  

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the New York State Police, under the direction of Major Eric Laughton; United States Border Patrol, under the direction of Patrol Agent-in-Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Orleans County Sheriff’s Department, under the direction of Sheriff Randy Bower; and the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph V. Cardone.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that William Cruz, 54, of Rochester, NY, who was convicted of subscribing false tax returns, was sentenced to serve two years of probation and perform 100 hours of community service by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay $365,840 in restitution to the Internal Revenue Service, as well as penalties and interest. 

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Cruz operated the Borinquen Bakery in Rochester from approximately 2005 through 2018.  From at least 2012 through 2017, the defendant hid more than $1,000,000 in income from the IRS by underreporting the bakery’s revenues.  This resulted in an aggregate tax loss to the IRS of at least $365,840.00. 

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

# # # #

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, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to unlawful possession of a controlled substance and making material false statements. The charges carry a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney Laura A. Higgins, who is handling 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 uses “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 uses any of the controlled drug items he orders for his own personal use, to which he responded “no.” That statement was also false. Leone ordered Adderall XR, tramadol, and clonazepam to use himself.

Finally, the form asked the defendant whether his office performs surgery or any other in office procedures that require 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 to his residence on Cobblestone Drive in Clarence, where he stored them for his own personal use.

“As with many of those whose judgment is impaired as a result of their need to feed their addiction, the defendant lied to get what he wanted,” stated U.S. Attorney Kennedy. “Sadly, this case serves as another example of the debilitating and destructive power of addiction, whether its prescription pills or other dangerous, illegal opiates. Simply put – addiction knows no boundaries. That is why it is imperative that we in law enforcement continue vigorously to enforce the law while also continuing to work with our partners in treatment and prevention to battle this epidemic.”    

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

Sentencing is scheduled for December 16, 2019, before Judge Wolford.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nina Rosario, 21, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, heroin.  The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that beginning in April of 2018 and continuing until April 28, 2018, Rosario conspired with others to sell heroin, a Schedule I controlled substance. On April 28, 2018, the defendant spoke with her co-conspirator via telephone regarding their drug distribution conspiracy.  In particular, Rosario confirmed that she met with a source of supply and received approximately 20 grams of heroin, all of which the defendant and her co-conspirator intended to distribute in Western New York. 

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

Sentencing is scheduled before Judge Geraci for December 12, 2019, at 11:30 a.m.

# # # #

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Juan Alfaro, 52, of Hacienda, California, who was convicted of narcotics conspiracy and money laundering conspiracy, was sentenced to serve 120 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Wei Xiang, who handled the trial, stated that the defendant was a member of a transnational drug trafficking organization that utilized contacts and a source of supply whose territory included Mexico, Arizona, California, and elsewhere. The source of supply was the Sinaloa Cartel, led by Joaquín “El Chapo” Guzmán and Ismael “El Mayo” Zambada.

Alfaro was convicted, along with co-defendant Martha Aguirre, following a jury trial in March 2019. Martha Aguirre’s brother Herman E. Aguirre was the leader of the organization. 

Alfaro and Martha 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.

Using these companies, Alfaro and Martha Aguirre disguised kilogram quantities of heroin, fentanyl, and cocaine on invoices and other documents as “Sea Cucumbers.”  The local organization trafficked thousands of kilograms of illegal narcotics throughout the United States, including Lockport, Niagara Falls, and Buffalo.

During the course of the investigation, law enforcement officers seized over $5,000,000 worth of illegal narcotics, including:

•           52.5 kilograms of cocaine; •           17.5 kilograms of heroin; and
•           8.5 kilograms of fentanyl

Alfaro is one of 17 defendants convicted in this case. Martha Aguirre is scheduled to be sentenced on September 30, 2019.

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

# # # #

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Reno Sayles, Jr., 29, of Cheektowaga, NY, as well as Kevin Brown, 27, and Marlon Worthy, 32, both of Buffalo, NY, were arrested and charged by criminal complaint with possession with intent to distribute and distribution of cocaine and heroin and possession of a firearm in furtherance of a drug trafficking crime.  The charges carry a maximum sentence of up to life imprisonment and a $1,000,000 fine.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on or about August 22, 2019, Sayles, Brown and Worthy were observed leaving a residence on Wanda Avenue in Cheektowaga, NY.  Upon leaving that residence, Brown and Worthy walked towards a vehicle.  Brown retrieved a backpack from inside the vehicle.  Law enforcement seized the backpack and upon searching it, discovered that it contained 2 loaded handguns, approximately 1 ounce of heroin, ammunition, magazines, scales, and a bulletproof vest.  Officers recovered over 50 grams of cocaine from inside Worthy’s vehicle and another 10 grams inside his pocket.  Pursuant to a search warrant of Sayles’s residence, officers recovered narcotics paraphernalia. 

The defendants were arraigned before United States Magistrate Judge Michael J. Roemer, and are being held pending their detention hearings. 

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Cheektowaga Police Department, under the direction of Chief David J. Zack; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard with the assistance of their narcotics K-9. 

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 Gary Zeitvogel, 45, of Gates, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography.  The charges carry a minimum term of 5 years imprisonment, a maximum term of 20 years imprisonment, a period of supervised release of at least 5 years and up to life, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the National Center for Missing and Exploited Children (NCMEC) received a cybertip from Facebook.com in June 2019, in which Facebook reported that Zeitvogel appeared to be engaged in sexually explicit conversations with a 15 year-old female.  Utilizing information provided by Facebook, NCMEC was able to determine that Zeitvogel and the minor victim were both located in Rochester, NY.  NCMEC forwarded the tip to the New York State Police (NYSP), who located the victim and determined that Zeitvogel was already serving a term of probation with the Monroe County Probation Department.  Zeitvogel’s probation followed his conviction for Endangering the Welfare of a Child, in which it was alleged that Zeitvogel had allegedly masturbated in front of a child that he was babysitting. 

On July 1, 2019, Monroe County Probation Officers, accompanied by Investigators from the NYSP, searched Zeitvogel’s home in Gates.  Zeitvogel was found to be in possession of a cell phone, which, in violation of his probation conditions, contained the Facebook application.  Zeitvogel was taken into custody at that time.  The NYSP later took custody of the phone and executed a search warrant for both the phone and Zeitvogel’s Facebook account.  On the phone, the NYSP observed over 1,500 images of child pornography, some of which depicted prepubescent minors, as well as child pornography depicting the minor victim.  Zeitvogel’s Facebook account also revealed that he had engaged in sexually explicit conversations with the minor from at least March 2019 through June 2019, and that the two had been in contact at Zeitvogel’s home.  The investigation is ongoing and additional charges may be forthcoming. 
 
The defendant made an initial appearance today before United States Magistrate Judge Marian W. Payson, and is being held without bail. 

The criminal complaint 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 Edward Kennedy; 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.

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 that Sterling McMillan, 48, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute and distribution of cocaine and butyryl fentanyl.  The charges carry a maximum term of 20 years imprisonment and a $1,000,000 fine.

Assistant U.S. Attorney Misha Coulson, who is handling the case, stated that on August 8, 2019, a search warrant was executed at McMillan’s residence on Erb Street.  During the execution of that warrant, cocaine and butyryl fentanyl as well as various narcotics packaging materials were located.

The defendant made an initial appearance before United States Magistrate Judge Michael J. Roemer, and was released on conditions. 

The criminal complaint 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 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 Michael Masecchia, 53, of Williamsville, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, marijuana, maintaining a drug-involved premises, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that according to the complaint, on August 23, 2019, investigators from Homeland Security Investigations, the Federal Bureau of Investigation, the Erie County Sheriff's Office, and the Niagara County Sheriff's Office, executed a search warrant at the defendant’s residence on Main Street in Williamsville.

During the search of the residence, investigators seized:

• Two rifles, five shotguns, and a pistol; • Various ammunition for the firearms; • Seven homemade explosives; • Three Mason jars containing marijuana; • Various steroids in liquid and tablet form; • Hypodermic  needles; • THC edibles; • Cannabis syrup; • Two grams of a white powder suspected to be cocaine; • Tylenol with Codeine tablets; • Suspected hashish; • A digital scale; • A suspected marijuana cigarette; • Numerous plastic bags and small bottles containing marijuana; and
• Four cell phones.

Investigators also recovered $27,950.00 in U.S. currency, which was discovered hidden in clothing and rubber banded in two bundles. A narcotics detection canine later alerted for the odor of a controlled substance on the currency.

According to Erie County Sheriff's records, one of the shotguns was reported stolen on September 23, 2015.

Investigators also discovered marijuana and a marijuana smoking pipe inside a vehicle registered to the defendant.

The complaint further states that, based on information developed during this investigation, Masecchia has been involved in the growing and distribution of significant quantities of marijuana for at least the past 20 years.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Erie County Sheriff's Office, under the direction of Sheriff Timothy Howard; the Niagara County Sheriff's Office, under the direction of Sheriff James Voutour; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of John B. Devito.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Nelson, 63, of Tonawanda, NY, who was convicted of possession with intent to distribute crack cocaine, oxycodone, and hydrocodone within 1,000 feet of a private school, was sentenced to serve 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on December 11, 2017, investigators with the Drug Enforcement Administration and the Town of Tonawanda Police Department executed a state search warrant at the defendant’s residence at 11 Fayette Avenue in Tonawanda. Nelson was found in the living room area of the residence. Investigators recovered suspected crack cocaine, numerous pills containing suspected controlled substances, two compact digital scales, and approximately $1,442 in U.S. currency.

Subsequent testing determined that the substances recovered included crack cocaine, diazepam, oxycodone, butalbital, hydrocodone, and alprazolam.

The defendant’s residence is located within 1,000 feet of St. Joseph’s Collegiate Institute, a private secondary school, located at 845 Kenmore Avenue in Buffalo.

The sentencing is the result of an investigation by the Tonawanda Police Department, under the direction of Acting Chief James P. Stauffiger and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Angel Vazquez, 33, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to distribution of butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that in July 2017, an individual working with the Drug Enforcement Administration made arrangements with co-defendant Luis Matias to purchase heroin from Matias. On July 26, 2017, Matias agreed to sell heroin to the individual. Matias sent the defendant to deliver the drugs. Angel Vazquez sold five grams of suspected heroin to the individual in exchange for $500.00. 

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

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

Sentencing is scheduled for December 11, 2019, before Judge Wolford.

# # # #

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Omar Vazquez-Baez, a/k/a Tutu, 26, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and distribution of, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between July 2017 and September 29, 2017, the defendant conspired with others to distribute cocaine in the Niagara Falls area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa. Vazquez-Baez regularly distributed quantities of cocaine to customers on behalf of the Rivera-Figueroa organization.

On September 13, 2017, investigators intercepted a phone call between Rivera-Figueroa and the defendant. After contacting some of his co-defendants, Rivera-Figueroa told Vazquez-Baez, “I have some lockers for you to take a look at. I already gave six, but for you to see them and offer them around. . . .I’m like a display cabinet right now.” The defendant then met with Rivera-Figueroa and collected several packaged quantities of cocaine. Later that day, Vazquez-Baez called Rivera-Figueroa to ask for more cocaine. During the conversation, the defendant asked Rivera-Figueroa for more cocaine, but Rivera-Figueroa indicated he was out of supply. In response, Vazquez-Baez stated “damn, I had half for today and it was already gone over night, bastard!” explaining that he had a half-kilogram of cocaine and sold it quickly. Vazquez-Baez then stated “I have 3 chickens for sure,” indicating that he had customers prepared to purchase 375 grams of cocaine.

The defendant was arrested on September 29, 2017, inside his residence on 7th Street in Buffalo. During the execution of a search warrant, investigators recovered a .22 caliber firearm; ammunition; multiple quantities of suspected cocaine and marijuana; drug paraphernalia including a vacuum sealer and bag, razors, scales, metal press, cut, and packaging material; and numerous cell phones.

Vazquez-Baez is one of 12 defendants charged in this case and the ninth to be convicted.

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; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Police, under the direction of Major Edward Kennedy.

Sentencing is scheduled for January 22, 2020, before Judge Vilardo.

# # # # 

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Juan Pacheco, Jr., 37, of Jamestown, NY, who was convicted of conspiracy to distribute five kilograms or more of cocaine, 500 grams or more of methamphetamine, and marijuana, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Joel L. Violanti and Emmanuel O. Ulubiyo, who handled the case, stated that the defendant was receiving kilogram quantities of cocaine and methamphetamine from California that were smuggled into the United States from Mexico.  Members of the Drug Enforcement Administration working collaboratively with law enforcement officers from the Jamestown Metro Drug Task Force (JMDTF) identified Pacheco as a significant dealer in the Jamestown area and began investigating his activities. 

Pacheco was arrested on August 18, 2016, after authorities executed a search warrant at his stash house located at 477 Main Street in Jamestown. Officers recovered approximately nine kilograms of cocaine, three-and-a-half kilograms of methamphetamine, and three kilograms of marijuana. Approximately $133,000 in cash was also seized as well as approximately $7,000 from the defendant’s pocket upon his arrest. 

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 Division, and the Jamestown Metro Drug Task Force, which includes officers from the Jamestown Police Department, under the direction of Chief Harry Snellings; the Ellicott Police Department, under the direction of William L. Ohnmeiss Jr.; and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.

# # # #

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Iramarie Velez, 37, of Tonawanda, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to serve 12 months and one day in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on December 15, 2017, U.S. Postal inspectors seized a package, shipped from Puerto Rico, containing just over two kilograms of cocaine that was addressed to Iramarie Velez on Crane Place in Tonawanda, NY. The cocaine was replaced with sham cocaine, and then the package was delivered on December 28, 2017. After Velez accepted the package, she left the residence but returned a few minutes later with co-defendant Osvaldo Rivera-Amaro. Velez went back into the residence, came back out with the package, and placed it in the back of the Rivera-Amaro’s vehicle. Rivera-Amaro was subsequently detained, his vehicle was searched, and the package, containing the sham cocaine, was located in the trunk.

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that the United States Attorney’s Office has filed charges against Journee Construction Inc., Bell Mechanical Contractors, and Kaplan Schmidt Electric in connection with the Government’s ongoing investigation into the improper use of “pass through” minority contractors on the Rochester Schools Modernization Program. 

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the felony information filed against each of the three defendants, between April 2013 and November 2013, the defendants conspired with contractors to defraud the Rochester Schools Modernization Program, a public-works project to renovate and improve school facilities in the City of Rochester. The defendants created and submitted required documentation that falsely and fraudulently represented that contractors hired for program projects had complied with the Diversity Plan established for the program. In truth and fact, the contractors had not complied, and did not intend to comply.

In addition to filing the charges, the government also entered into a deferred prosecution agreement (DPA) with each of the defendants. Pursuant to the DPAs, the government has requested that its prosecution of the charges against each defendant be stayed in order to afford each defendant the opportunity to comply with the terms and conditions of such DPA. Under the terms of their DPAs, each defendant must: 

o Fully cooperate with the government’s investigation going forward; o Conduct its operations with respect to any disadvantaged business programs in compliance with all applicable laws and requirements for such programs; and o Pay a financial penalty: Journee Construction Inc. will pay $70,000; Bell Mechanical Contractors will pay $50,000; and Kaplan Schmidt Electric will pay $25,000.
 
Should the defendants successfully fulfill all of the terms and conditions of their DPAs with the government, the charges against them will be dismissed.

“Disadvantaged Business Enterprise programs such as this are intended to helps businesses owned by minorities obtain work on federally funded construction projects,” said U.S Attorney Kennedy. “Those who defraud the program in order to obtain federal funds take advantage both of the taxpayers and the businesses that the program is designed to assist. This Office remains committed to exposing and holding accountable who pervert these programs to serve their own self-interests.”  

The charges are the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert.

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

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

BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Enix a/k/a Blaze, 60, was sentenced to serve 240 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant, a Kingsmen Motorcycle Club (KMC) member and Florida/Tennessee Regional President, was sentenced for his conviction following a four-month jury trial of RICO conspiracy, possession of firearms in furtherance of a crime of violence, and using and maintaining premises for drug distribution.

According to court documents and evidence presented by the government at trial, beginning in 2013, certain KMC members wanted to establish the KMC as a “1% Club.”  The “1%” refers to a previous statement by a representative of the American Motorcycle Association that 99 percent of motorcyclists were law-abiding citizens with the remaining one percent engaged in certain activities such as drug and firearm trafficking and acts of violence.  The defendant, and others, participated in, directly and indirectly, acts of murder, assault, robbery, kidnapping, drug trafficking, obstruction of justice, and witness tampering.  The KMC operated clubhouses in New York, Pennsylvania, Tennessee, and Florida, all of which were used for unlawful purposes, including drug distribution and firearms possession.

The KMC also committed numerous acts of violence, including the following:

• The September 6, 2014, murders of KMC members Paul Maue and Daniel “DJ” Szymanski.  The two were murdered behind the North Tonawanda KMC Chapter clubhouse;

• On June 7, 2013, the KMC forcibly shut down the Springville KMC Chapter and stripped members of their colors because they were non-compliant members.  Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse.  They then used bleach to clean areas where the victim bled and cut and removed portions of the rug, which contained blood; and,

• On September 12, 2009, a female victim was punched repeatedly in the face by a KMC member and held against her will for three days to conceal her facial injuries from police.   

“Following the 2014 murders in North Tonawanda, this Office decided that enough was enough and that it was time to put an end to this criminal organization for good,” stated U.S. Attorney Kennedy. “With today’s sentencing of the final KMC member, I can say—thanks to the prosecutors in my office and our law enforcement partners across the region and across the country—‘mission accomplished.’ With two KMC members, including the National President, receiving multiple life sentences, and 18 other KMC members receiving prison sentences of up to 20 years, other outlaw motorcycle gangs and criminal organizations should take notice. 1%’ers  are not welcome in the Western District of New York, and if you come here and commit crimes, then know that you will be 100% dismantled.”

The investigation was led by the FBI’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.  Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; Homeland Security Investigations; the North Tonawanda Police Department; the Niagara County Sheriff’s Office; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department. Trial Attorney Marianne Shelvey of the DOJ Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph Tripi and Brendan Cullinane for the Western District of New York prosecuted the case.   

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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 Felix M. Velazquez, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that in June 2018, the Lackawanna Police Department Narcotics Unit began investigating the narcotics trafficking activities of the defendant, a mid-level street cocaine distributor who had a large customer base in the Buffalo area. Velazquez conducted his distribution activities through his cellular phone, and at his apartment on Weyand Avenue in Buffalo.

On August 14, 2018, the Buffalo Police Department executed a New York State search warrant at the defendant’s Weyand Avenue residence. Officers recovered approximately 130 grams of cocaine; a digital scale; drug packaging materials; a .380 semi-automatic pistol, loaded with seven rounds; and $42,955.00 cash.

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

Sentencing is scheduled for January 6, 2020, at 9:30 a.m. before Judge Arcara.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Quinton Jones, 39, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and distribution of, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between November 2016 and September 29, 2017, the defendant conspired with others to distribute cocaine in the South Buffalo area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa.  On August 3, 2017, co-defendant Daniel Navarro obtained three kilograms of cocaine from co-defendant Luis Andino. At the direction of Rivera-Figueroa, Navarro distributed the cocaine to three others, including Quinton Jones. On August 18, 2018, Jones made payment of approximately $30,000 for this kilogram of cocaine.

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

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

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

Jones is one of 12 defendants charged in this case and the eighth to be convicted.

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; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the New York State Police, under the direction of Major Edward Kennedy.

Sentencing is scheduled for January 17, 2020, before Judge Vilardo.

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

United States Attorney James P. Kennedy, Jr. announced today that the United States Attorney’s Office has executed a Non-Prosecution and Compliance Agreement dismissing all criminal charges against Dr. Sreekrishna M. Cheruvu, M.D., and entered into a stipulation resolving a civil disagreement over the correct CPT codes to bill for services rendered by T3 Medical, Dr. Cheruvu’s medical practice. 

“Pursuant to the terms of the non-prosecution and compliance agreement, if Dr. Cheruvu’s medical license is restored, then any reimbursement claims he submits will, for a period of time, be monitored by a medical billing compliance expert agreed to by the parties,” Kennedy stated.  “Additionally, the civil forfeiture case is being resolved with the government returning a total of $99,378.17, of the $466,158.33 seized from Dr. Cheruvu, to three different insurance companies he billed.”

In explaining his Office’s willingness to enter into a non-criminal disposition, Kennedy stated, “the crux of this litigation involved a dispute over the propriety of the billing codes used by Dr. Cheruvu in his medical practice.  It was never a dispute over the quality of care provided by Dr. Cheruvu.  Since the criminal and forfeiture cases were filed in 2014, my Office has continued carefully to collect, review, and evaluate evidence directed toward Dr. Cheruvu’s mens rea in billing as he did. Through that process new evidence came to light and at the end of that review, we determined that a non-criminal disposition was the just result.  Remember, we are the Department of Justice, not the Department of Convictions.”

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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 Miguel Figueroa, 33, of Buffalo, NY, who was convicted of possessing with intent to distribute, and distributing, 10 grams or more of a mixture and substance containing butyryl fentanyl and furanyl fentanyl, was sentenced to serve 37 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who handled the case, stated that on March 7, 2017, and April 11, 2017, the defendant sold drugs to a confidential source working for the DEA in exchange for $1,100 cash. Forensic testing determined that the controlled substance sold by Figueroa contained butyryl fentanyl, U-47700, furanyl fentanyl, and fentanyl.

On April 24, 2017, law enforcement officers executed a New York State search warrant at Figueroa’s residence on 15th Street in Buffalo. Officers recovered a plastic bag and five glassine envelopes containing butyryl fentanyl and other substances. Officers also recovered packaging materials, a digital scale, and approximately $3,137 in cash.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the 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. and Chautauqua County District Attorney Patrick Swanson announced today the creation of the Overdose Response Initiative (ORI). Modeled after similar initiatives across the state and country, this program aims to examine overdose deaths in an effort to track down drug dealers and offer support to victims’ relatives.

The Overdose Response Initiative aims to coordinate local law enforcement and compile information from a multitude of sources to find the origin of the drugs that lead to overdoses. “We then will work with our federal partners, including the US Attorney’s Office and the FBI, to put these cases together for federal prosecution,” D-A Patrick Swanson stated. “Until now, the partnership has been an informal one, however, today, we are formalizing that partnership and making public our efforts to combat overdose deaths.” 
 
The partnership announcement follows a training session, organized by D-A Swanson and presented by Assistant U.S. Attorney Michael Adler, the Opioid Coordinator for the U.S. Attorney’s Office. Over 40 investigators and top level administrators from law enforcement agencies across Chautauqua County attended the training hosted by SUNY Fredonia and its new Campus Police Chief Brent Isaacson. Swanson said, “The level of participation today is a testament to the commitment by our law enforcement leaders to fight this problem in our community.” 

Defendants who sell drugs that lead to an overdose death can be charged federally and face up to life in prison if convicted. For example, in November 2018, in a first of its kind verdict, a federal jury convicted Dontrell Wise of supplying the drugs that led to November 2017 death of a young Cheektowaga, NY woman.  Wise was sentenced in March of this year to life in prison.  The prosecution resulted from the combined efforts of the FBI, DEA, Buffalo Police, and Cheektowaga Police.  DA Swanson offered, “Collaboration at that level is what is needed to bring these peddlers of poison to justice.”  Assistant U.S. Attorney Michael Adler handled the prosecution of that case.
 
The initiative’s multistep, multi-agency approach, begins when an overdose occurs.  Overdoses are being investigated like crime scenes.  Investigating officers will work with the newly appointed Chautauqua County Narcotics Prosecutor to collect facts concerning the time, place and identity of the deceased and whether or not there is evidence of value at the scene. Another critical component is the cooperation of family and friends of the deceased. Investigators will interview those closest to the victim in hopes of discovering the source of the fatal drugs.  All of this information, along with a toxicology analysis, will be compiled and relayed to the District Attorney’s Office, which will then develop a prosecution strategy in conjunction with the US Attorney’s Office.

“I commend District Attorney Swanson for his proactive leadership in seeking to address the opioid crisis in Chautauqua County and the greater Southern Tier region,” stated U.S. Attorney Kennedy. “We know that in areas where public health and public safety come together, death rates are reduced and communities make positive strides in the opioid battle. The residents of Chautauqua County should be encouraged by this new collaborative partnership. However, let this also serve as a warning to those peddling these deadly drugs that we are one team and we will find you and prosecute you.”

D-A Swanson further stated, “We are able to take these steps because our U.S. Attorney, James P. Kennedy, Jr. is committed to holding those who deal drugs accountable for the havoc they wreak.  This is also possible in part because of an additional attorney being added to my staff.  With the right resources we are able to accomplish more.  One of my current priorities is to request the funds for an investigator to work side-by-side with my Narcotic Prosecutor. I am eager to give these cases the attention they deserve. Our citizens are dying and it needs to stop. This initiative is a much needed response to a tragic crisis that is gripping Chautauqua County and destroying countless lives throughout the county.”

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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 Josue Cardona-Soto, 38, of Puerto Rico, and Virgen Perez-Jurado, 28, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, over five kilograms of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10,000,000 fine.

Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who are handling the case, stated that between June 2017 and September 29, 2017, Cardona-Soto assisted Cesar Rivera-Figueroa, a/k/a Fat Boy, the leader of a drug trafficking organization, by making deliveries of bulk quantities of cocaine to mid-level distributors in the organization, collecting drug proceeds from them, and retrieving packages containing bulk quantities of cocaine shipped from Puerto Rico in the U.S. mail. Perez-Jurado, the wife of Cesar Rivera-Figueroa, also distributed bulk quantities of cocaine to mid-level distributors, collected payment, stored the organization’s drug proceeds inside her Wiley Street residence, and taught co-conspirators the means and methods of drug-trafficking.

On August 15, 2017, Cardona-Soto was appointed by Rivera-Figueroa as his second-in-command to replace co-defendant Daniel Navarro. Navarro and Rivera-Figueroa had a falling out after the organization suffered some loses as a result of law enforcement seizures of cocaine.

In addition to completing multiple drug transactions locally, Cardona-Soto also made trips to the New York City area, sometimes with Rivera-Figueroa, to pick up bulk quantities of cocaine or make payments for cocaine.

Cardona-Soto and Perez-Jurado were charged along with 10 other defendants. A total of seven defendants have been convicted.

The pleas are the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in Charge John B. Devito, New York Field Division; the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major Edward Kennedy; and the Erie County Sheriff’s office, under the direction of Sheriff Timothy Howard.

Cardona-Soto and Perez-Jurado are scheduled to be sentenced on January 2 and January 3, 2020, respectively, both 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 Robert Moore, 41, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to distribution of fentanyl causing death. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $1,000,000 fine.  Pursuant to the plea agreement between the parties, Moore faces between 20 and 22½ years imprisonment when he is sentenced.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that between February 2015 and March 16, 2017, the defendant worked with his brother Reese Moore, Kevin Abernathy, Joshua Levine, and others to distribute heroin and fentanyl in the City of Buffalo and surrounding suburbs. Robert Moore used cell phones to schedule meetings in and around Buffalo where he personally distributed quantities of heroin and fentanyl. When the defendant was not available, he sent co-defendants Reese Moore and Kevin Abernathy to sell the heroin and fentanyl to customers. Joshua Levine was a customer of Robert Moore who used the heroin and fentanyl, but also re-distributed quantities for profit to other users.

Robert Moore pleaded guilty to selling the heroin and fentanyl that caused the death of one individual, but he also admitted to selling the heroin and fentanyl that led to the overdose deaths of four other individuals.    

• On May 15, 2015, defendant Moore distributed heroin and fentanyl to another individual who used the heroin and fentanyl with J.J., and J.J. died as a result of ingesting the heroin and fentanyl defendant Moore supplied.
• On March 12, 2016, defendant Moore distributed heroin and fentanyl to others, who provided it to S.S. S.S. used the heroin and fentanyl and died as a result of using the heroin and fentanyl defendant Moore supplied.
• On March 15, 2016, defendant Moore distributed fentanyl to others, who provided it to J.P. J.P. used the fentanyl and died as a result of using the fentanyl defendant Moore supplied.
• On January 8, 2017, defendant Moore distributed fentanyl to another person, who provided it to C.G. C.G. used the fentanyl and died as a result of using the fentanyl defendant Moore supplied.
• On February 18, 2017, defendant Moore distributed heroin and fentanyl to Joshua Levine who distributed a quantity of the heroin and fentanyl to B.G. B.G. used the heroin and fentanyl and died as a result of using the heroin and fentanyl supplied by defendant Moore and Joshua Levine.

On November 27, 2015, Robert Moore’s vehicle was stopped by Buffalo Police. Officers seized 15 bags of heroin and seven bags of butyryl and $1000 in U.S. currency.

During the course of the investigation, law enforcement officers from the Amherst, Lancaster, and the Buffalo Police Departments, and the New York State Police and DEA, conducted 11 controlled purchases of fentanyl and butyryl fentanyl from Robert Moore.

Robert Moore was arrested on March 16, 2017, at which time law enforcement officers searched his residence on Glenwood Drive in Williamsville, NY. Investigators seized 202 bags of fentanyl and numerous cellular telephones, including the cell phone Kevin Abernathy used to make sales of heroin and fentanyl to Robert Moore's customers. The search also resulted in the seizure of items the defendant obtained as a result of his heroin and fentanyl distribution activities, including assorted valuable pieces of jewelry and a 2009 Audi S5 Quattro.

Reese Moore and Kevin Abernathy were previously convicted and are awaiting sentencing. Charges remain pending against Joshua Levin. 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.

“Stated simply, by his plea today, the defendant admitted to being responsible for the deaths of five members of our community,” stated U.S. Attorney Kennedy. “While today’s plea and the lengthy prison sentence, which is sure to follow, will never bring back those who died as a result of taking the drugs they got from Robert Moore, today’s plea should serve as a warning to those who remain out on the streets peddling this poison. The United States Attorney’s Office, together with our partners in federal, state, and local law enforcement, will work together tirelessly to find you, to build a case against you, and to hold you accountable for your actions. We do it in order to protect lives, to bring some measure of closure and justice to those who have lost a loved one to a drug overdose, and finally, to send the message that in the eyes of the law enforcement community here in Western New York–all lives matter.”

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Mary Clark, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Interim Police Chief Steve Preisch; the Depew Police Department, under the direction of Chief Jerome Miller; 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; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.

Sentencing is scheduled for January 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 Amir Jahed, a/k/a Amir Jahedmotlagh, 39, of Montgomery Villaga, Maryland, with 12 counts of mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that from 2010 to July 19, 2018, the defendant was an employee of Cobham Mission Systems, a company headquartered in Orchard Park, NY that was engaged in the development, delivery, and support of aerospace and defense technology and systems. Cobham also had an office located in Westminster, Maryland. As part of his employment, Jahed was assigned company credit cards (purchase cards) and was authorized to make certain purchases on behalf of Cobham for its business operations.

The indictment alleges that the defendant used his purchase cards to conduct approximately 600 unauthorized transactions. Jahed claimed that the transactions were purchases of parts for Cobham’s business operations. In truth and in fact, the defendant didn’t purchase any parts for Cobham, rather, he used the purchase cards to direct funds into accounts controlled by him, resulting in a financial loss to Cobham. After Jahed used a purchase card fraudulently to obtain funds, he mailed fraudulent invoices to Cobham headquarters in support of the fraudulent transactions to give the appearance that the purchases were made to support Cobham’s business operations.

The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and released on conditions.

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

The 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 Sigfredo Martinez, 47, of Celeron, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to distribute one kilogram or more of heroin. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who are handling the case, stated that beginning in early 2016, the defendant led a drug organization responsible for distributing heroin and cocaine in the Jamestown, NY area. The defendant appointed co-defendant Bryan Ferrer-Vazquez to be responsible for the “day shift” transactions, while his co-defendant, Alex Mercado, distributed during the “night shift.”

Every few days, Martinez would distribute a couple hundred bundles of heroin each to Ferrer-Vazquez and Mercado who were then tasked with distributing the heroin to smaller dealers and users. The proceeds were collected by an uncharged co-conspirator, who turned over the proceeds to the defendant. Martinez utilized a second uncharged co-conspirator to distribute quantities of cocaine and heroin.

Between February 11, 2016, and March 2, 2017, investigators conducted at least eight controlled purchases of heroin or cocaine from Ferrer-Vazquez and Mercado.

On April 6, 2017, a federal search warrant was executed at Martinez’s residence at 32 E. Duquesne Street in Celeron. Investigators seized nine cellphones, two electronic tablets, a laptop computer, a notebook, and a GPS device.

The same day, another search warrant was executed at 385 Buffalo Street in Jamestown. Investigators seized 19 cellphones, a quantity of suspected cocaine, a quantity of suspected heroin, $2,994 U.S. currency, three ledger notebooks, and a scale. A loaded semi-automatic handgun was found in the detached garage.

The FBI Cryptanalysis & Racketeering Records Unit performed an analysis on the ledgers and several loose pieces of paper recovered. The analysis determined that the organization was distributing “bundles” of heroin for a price of $75-80. Further, the analysis found that “on January 28, 2016 and between June 22, 2016 and April 5, 2017, the business distributed a minimum total of 8,106 bundles of heroin to approximately 28 separate accounts for a minimum total of $83,150.” 8,000 bundles equates to approximately eight kilograms of heroin.

Bryan Ferrer-Vazquez and Alex Mercado were previously convicted. Ferrer-Vazquez is awaiting sentencing. Mercado was sentenced to serve 120 months in prison.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Southern Tier Regional Drug Task Force.

Sentencing is scheduled for November 26, 2019, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Yanyan Lesser, 48, of East Aurora, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to transmitting in interstate or foreign commerce a communication containing a threat to injure another person. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that via a website on the dark web, the defendant, using the screenname “Tree1,” solicited what 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) to pay for the crippling. Lesser made cash withdrawals in East Aurora relating to these transactions on February 15 and 18, 2019.

The plea 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.

Sentencing is scheduled for December 4, 2019, at 9:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Allee, and Tashira Allee, both of Medina, NY, were arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, cocaine, maintaining a drug-involved premises, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a minimum penalty of five years in prison, a maximum of 20 years, and a $1,000,000 fine.

Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that according to the complaint, on July 22, 2019, a search warrant was executed at the defendants’ residence on Ridge Road in Medina. Investigators seized 11 firearms, numerous articles of property reported as stolen, marijuana, pills believed to be controlled substances, ammunition, scales, bags, and other items of evidence including Tashira Allee's cell phone. The firearms included a Taurus Judge pistol that had been reported stolen in the Town of Tonawanda.

Investigators also searched a barn located behind the main house. Inside, a safe was located. Within the safe, officers recovered prescription pill bottles containing pills, and a loaded Colt .45 ACP pistol. Also seized from the barn were digital scales with white powder residue, plastic bags, ammunition, an SKS rifle and magazine, a Ruger model 10-22 carbine, and marijuana.

The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Anthony Allee was detained. Tashira Allee was released on conditions.

The complaint is the result of an investigation by the Orleans County Sheriff’s Office, under the direction of Sheriff Randy Bower, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Gilberto Marchese, a/k/a, Noel, 38 of Lockport, NY, with conspiracy to distribute cocaine, attempted possession with intent to distribute of cocaine, possession with intent to distribute, and distribution of, cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. 

Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that according to the indictment, between December 2015 and March 27, 2019, the defendant conspired with other individuals to sell cocaine in the Lockport, NY area. In addition, Marchese is accused of using the residence at 150 Grand Street in Lockport, for the purpose of manufacturing, distributing, and using cocaine. 

Marchese was arraigned before U.S. Magistrate Judge Michael J. Roemer and released on conditions. 

The indictment is the culmination of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Drug Task Force, under the direction of Niagara County Sheriff James Voutour.

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 Errick Roseboro, 26 of Buffalo, NY, who was convicted of being a person prohibited from possessing a firearm, was sentenced to serve 12 months and one day in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that on October 21, 2018, the Buffalo Police Department stopped the defendant’s vehicle for a traffic infraction. Officers found Roseboro unlawfully to be in possession of a loaded firearm and marijuana. Subsequent investigation determined that that the defendant was a habitual user of the controlled substance, and as such, he is prohibited from possessing a firearm.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; 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 Byron Cobb, aka Tone, 39, of Cheektowaga, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute 40 grams or more of fentanyl. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years, and a $5,000,000 fine. 

Assistant U.S. Attorneys Seth T. Molisani and Jeremiah E. Lenihan, who are handling the case, stated that in July 2017, the Drug Enforcement Administration began investigating the narcotics trafficking activities of the defendant. Between July 27, 2018, and February 13, 2018, investigators conducted 11 controlled purchases of heroin from Cobb. 

On February 20, 2018, investigators executed a search warrant at the defendant’s Sidney Street residence in Buffalo. Officers seized multiple plastic bags containing suspected fentanyl, two digital scales, a strainer with suspected drug residue, and drug packaging materials.

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 Chief Byron Lockwood.

Sentencing is scheduled for November 25, 2019, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Duke Jimenez, 36, of Buffalo, NY, who was convicted of production and possession of child pornography, was sentenced to serve 42 years in prison and a lifetime of supervised released by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between February 10 and October 27, 2014, the defendant engaged in sexual contact with a three-year-old female child entrusted to his care. This conduct resulted in both physical and emotional harm to the child. In a written victim impact statement, the victim’s mother stated that the child would scream and cry “the bad man’s going to kill me” and “he said he would kill me.”

During the sexual contact, Jimenez used his cellular telephone to create visual depictions of the victim engaging in sexually explicit conduct. The images were located on the defendant’s SD card. Jimenez was arrested by the Buffalo Police Department on November 18, 2015, at which time the defendant’s telephone was seized. A subsequent search of phone and SD card in the phone revealed 18 image files which depicted the victim engaging in the sexually explicit conduct.

“While kids often seek to escape imaginary childhood monsters by hiding under their covers, where those monsters are real, we must do all that we can to capture and cage them,” noted U.S. Attorney Kennedy. “This sentence illustrates just how seriously we take our obligation to protect the most vulnerable among us.”

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

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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 Victor Quinones, 22, of Buffalo, NY, with distribution of heroin, possession with intent to distribute butyryl fentanyl, and maintaining a drug-involved premises. The charges carry 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 according to the indictment, between September 2018 and July 18, 2019, the defendant maintained and used a home at 165 Leroy Avenue in Buffalo for the purpose of drug trafficking. On July 16, 2019, Quinones sold heroin to an individual working with the FBI.
On July 18, 2019, investigators executed a federal search warrant at 165 Leroy Avenue. Officers seized drug packaging materials and a quantity of butyryl fentanyl. The defendant was arrested at that time.

Quinones was arraigned before U.S. Magistrate Judge H. Kenneth Schroder, Jr. and is being detained. 

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kory Doyle, 33, of Warsaw, NY, who was convicted of possession of child pornography, was sentenced to serve 36 months in prison by Chief U.S District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on September 5, 2017, investigators found the defendant in possession of child pornography on multiple computers, hard drives, and cellular telephones. Doyle downloaded the images and videos from various websites. Some of the images and videos depicted prepubescent minors under 12 years old, violence, and the sexual abuse of an infant. 

The sentencing is the result of an investigation by Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Police, under the direction of Major Edward Kennedy.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Jason Ng, 59, of Woodside, NY, and Can Ren Li, 56, of Norwich, CT, were arrested and charged by criminal complaint with smuggling of goods into the United States, importation of a controlled substance, and possession with intent to distribute a controlled substance. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on August 12, 2019, at approximately 11:10 a.m., the defendants attempted to enter the United States from Canada at the Rainbow Bridge Port of Entry in Niagara Falls, NY. Ng and Li were in a vehicle bearing New Jersey temporary license plates. During primary inspection, Ng, who was the driver, declared that he and Li spent one night at the casino and were returning to Buffalo. However, a Customs and Border Protection Officer noticed that both defendants had frequent border crossings at different ports of entry in different plated vehicles. The officer opened the back of the van and observed five spare tires. When asked why he had the tires, Ng stated that he had a tire repair business. Ng declared $1,000.00 U.S. currency and Li declared $125.00 U.S. currency. The defendants were then referred for secondary inspection.

During secondary inspection, the defendants stated that they did not have any alcohol, tobacco, marijuana, or any other illicit drugs. However, a K9 dog alerted to the side door of the van, as well as the five tires in the back of the van. An x-ray exam was conducted on the tires which showed compacted material inside the empty space of the tires. A drill was used to probe the tires and multiple plastic bags of suspected marijuana were discovered.

The defendants made an initial appearance this morning before U. S. Magistrate Judge Michael J. Roemer. Defendant Li was released on conditions. Defendant Ng was released on $25,000 bond.   

The complaint is the result of an investigation by 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.

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 Edgar Joel Jimenez-Rodriguez, 40, of North Tonawanda, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 144 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between October 2017 and July 19, 2018, the defendant conspired with Jose Garcia-Santiago, Katherine Dejesus-Gonzalez, and others, to distribute cocaine.  On July 19, 2018, the defendant picked up a Mercury Mariner containing 30 kilograms of cocaine, which was intended for distribution in the Western New York area. Law enforcement stopped the vehicle and arrested the defendant. 

Previously, beginning in May 2018, investigators intercepted numerous conversations involving the defendant discussing cocaine trafficking and the associated proceeds. Many of those conversations were with co-conspirators Garcia-Santiago and DeJesus-Gonzalez, whom the defendant supervised. On May 26, 2018, law enforcement officers stopped a vehicle, driven by Garcia-Santiago with DeJesus-Gonzalez as the passenger, and found five kilograms of cocaine which defendant had previously directed them to pick up from the New York City area for distribution locally.

Prior to that, in September 2017, the U.S. Postal Service intercepted packages containing approximately five kilograms of cocaine which had arrived from Puerto Rico and, though addressed to various residences in Niagara Falls, were ultimately destined to defendant and his co-conspirators. 

Jose Garcia-Santiago was previously convicted and is awaiting sentencing. Charges remain pending against Katherine Dejesus-Gonzalez. 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 sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyler Craig Anderson, 29, of Jamestown, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to transfer firearms purchased outside of state of residency, and possession with intent to distribute cocaine. The charges carry a maximum penalty of 20 years, and a $1,000,000 fine. 

Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who are handling the case, stated that between December 2017 and March 23, 2018, the defendant, who was engaged in narcotics trafficking, conspired with Robert Lincoln to transport firearms from Pennsylvania to New York. At the direction of Anderson, Lincoln made straw purchases of firearms in Pennsylvania in his own name. The firearms were then transported to New York. Lincoln purchased three rifles and a shotgun for Anderson.

On March 9, 2018, during the execution of a state search warrant at the defendant’s residence on Willard Street Extension in Ellicott, law enforcement officers recovered approximately 62 grams of cocaine, a digital scale, and small baggies. Officers also seized the four firearms purchased by Robert Lincoln, as well as 11 other firearms. Anderson admitted the firearms were used in connection with his drug trafficking activities.

Robert Lincoln was previously convicted and is awaiting sentencing.

The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Ellicott Police Department, under the direction of Chief William L. Ohnmeiss, Jr.

Sentencing is scheduled for November 21, 2019, at 11:00 a.m. before Judge Geraci.  

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