Western District of New York

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Myles Scales, 28, of Buffalo, NY, who was convicted of possession with intent to distribute butyryl fentanyl, was sentenced to serve 18 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that on November 14, 2017, two Buffalo Police Officers observed a blue 2013 Dodge Avenger park in the vicinity of 1310 Broadway for a few minutes before leaving. Approximately 20 minutes later, the officers observed the same vehicle park again near 1310 Broadway, where it once again remained for a few minutes before departing.

The officers followed the vehicle to the intersection of Broadway and Miller Avenue, at which time the defendant jumped out of the front passenger door of the vehicle and shuffled through traffic to the sidewalk. The officers got out of their vehicle and approached Scales who placed his right hand into the pocket of his hoodie. Concerned that the defendant was reaching for a weapon, one the officers took the defendant’s hand and pulled it from the pocket. Scales was clutching a large plastic bag. Inside the bag were nine bundles which contained 81 white and blue-checkered glassine envelopes of butyryl fentanyl.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Timpanaro, 55, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to false information and hoaxes. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorneys Joel L. Violanti and Brendan T. Cullinane, who are handling the case, stated that on October 26, 2018, the defendant placed an apparent explosive device near the front door of the Buffalo Police Department station house on South Park Avenue in Buffalo. He then placed a second similar-type device in the back of the same police station. Both devices had all the features of a homemade explosive-type bomb, with protruding wires wrapped around a pipe-like instrument. The devices were safely secured by the Erie County Sheriff’s Department’s bomb squad, the ATF, and the FBI, but were later determined to be “clear of hazard.”

The following day, on October 27, 2018, Timpanaro placed another apparent explosive device near the front of the United States Postal Service, also on South Park Avenue in Buffalo. Once again, the device appeared to be a bomb, with protruding wires wrapped around a pipe-like instrument, with screws and nails. This device also contained a note stating, “RESIST COMMUNISM, THE POLICE STATE AND THE DEMOCRATIC PARTY.” This device was also safely secured and determined to be “clear of hazard.”

On November 2, 2018, the FBI and Buffalo Police executed a search warrant at the defendant’s Richfield Avenue residence. Investigators seized materials consistent with fake bombs, including broom stick handles, shavings, wires, and other materials. Timpanaro was subsequently arrested and charged by criminal complaint.

Later on November 2, 2018, the defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., who ordered Timpanaro to complete an inpatient psychiatric and alcohol evaluation at the Buffalo VA Medical Center. Between January 26 and January 27, 2019, the defendant failed to comply with Judge Schroeder’s order to abide by all rules and directives of the inpatient treatment program, when he left the facility. Timpanaro was quickly apprehended by the U.S. Marshal Fugitive Task Force.

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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the U.S. Marshal Service, under the direction of Marshal Charles Salina; and the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo.

Sentencing is scheduled for November 14, 2019, at 2:00 p.m. before Judge Geraci.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Rayshawn Mullins, 32, 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, 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 defendant was a member of a drug trafficking organization led by co-defendant Jose Casado. Between December 2017 and May 2019, the organization distributed large quantities of fentanyl, cocaine, and crack cocaine out of drug houses located on Clifford Avenue and Treyer Street in Rochester.

Jose Casado would obtain bulk quantities of fentanyl, heroin, and cocaine, and he and other members of the conspiracy would package the substances to be sold to individual drug users. Drug users would contact Jose Casado directly via cellular phone to order quantities of drugs, and Mullins and others would serve as drug runners, delivering the drugs to the customer. On November 28, 2018, the defendant delivered 30 baggies of cocaine and 30 baggies of fentanyl to an undercover law enforcement officer.

On March 14, 2019, a search warrant was executed at the Clifford Avenue residence used by the drug trafficking organization. Investigators recovered 18 baggies of fentanyl, nine baggies of powder cocaine and nine baggies of crack cocaine, as well as numerous materials used to package controlled substances, 1,800 rounds of .22 caliber ammunition, and 50 shotgun shells.

Mullins is one of seven defendants charged in this case; he is the first to be convicted. Charges remain pending against the remaining six defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.   

The plea is the result of an investigation by the 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.

Sentencing is scheduled for November 14, 2019, at 2:30 p.m. before Judge Geraci.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jose Ruben Gil, 53, of Bell Gardens, California, who was convicted of operating a continuing criminal enterprise and money laundering conspiracy, was sentenced to serve 144 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Meghan Tokash and Wei Xiang, who handled the case, stated that between June 2013 and September 2015, the defendant conspired with others to sell cocaine in the Western District of New York. The defendant formed a relationship with co-defendant Darryl Williams, who agreed to distribute large amounts of drugs for Gil in Western New York and other cities. Gil, who was based out of California, requested that Darryl Williams and co-defendant Troy Gillon meet with him in California on at least two occasions to arrange for the set-up and delivery of illegal narcotics to Buffalo and other cities. The defendant began sending large shipments of cocaine via surface shipment on tractor-trailers, the proceeds of which were sent back to Gil via surface transportation.

On June 23, 2013, California Highway Patrol stopped a tractor-trailer in Barstow, California which resulted in the seizure of approximately $420,000 in United States Currency. The cash seized from the tractor¬ trailer was money collected from the sale of heroin and cocaine in the Buffalo area that Darryl Williams was sending to Gil.

Following Gil’s arrest in California on January 13, 2014, his associate, Herman Aguirre, continued the cross-continent drug trafficking operation. After Gil's arrest, the money obtained from drugs sales in Buffalo and other East Coast cities, was brought to Bank of America locations in Western New York, and deposited it into accounts held by three California-based corporations, including Triton Foods, Kamara Investments, and Fresh Choice Produce.

One coconspirator alone was responsible for depositing approximately $19,000,000 in cash derived from drug trafficking into those accounts.  Once the money was deposited, the principals of the three California corporations engaged in further financial transactions for the purpose of withdrawing or otherwise debiting the funds from the bank accounts to give to Gil and/or Herman Aguirre to pay for the heroin, cocaine and fentanyl.

The transactions were designed to avoid a transaction reporting requirement under Federal law and made with knowledge that the money involved in the financial transactions represented the proceeds of narcotics trafficking.

A total of 17 defendants were charged and convicted in this case.

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; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larson, Special Agent-in-Charge, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julius Hatten, Jr., 29, of Buffalo, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 30 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorneys Charles J. Volkert, Jr. and Justin G. Bish, who handled the case, stated that on August 5, 2018, Buffalo Police Officers observed a black vehicle, traveling eastbound on Winspear Avenue, violating several New York State traffic laws. Officers conducted a vehicle stop and determined that the defendant was not suitable to operate a motor vehicle. As officers attempted to secure Hatten and place him in handcuffs, he pushed them away, pulled a firearm from his waistband, began to flee on foot, and pointed the firearm in the direction of the officers. The defendant was ultimately apprehended on Highgate Avenue. The firearm was a 9mm pistol.

In August 2011, Hatten was convicted of a felony for Criminal Possession of a Weapon Second Degree in Erie County Court and is legally prohibited from possessing a firearm.               

“While cases of police involved shootings garner headlines, situations such as this, in which police exercise tremendous restraint in peacefully resolving a situation in the face of great danger, are far more common yet far less publicized,” noted U.S. Attorney Kennedy. “As a community, we should be quicker to commend than we are to condemn. On behalf of our entire community, I say thank-you to the many brave men and women on the Buffalo Police Department—and all of our state and local law enforcement agencies—who each day put themselves in harm’s way and perform quiet acts of heroism. Far too often, your good work goes unnoticed and unreported.”           

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Barclay, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to distribution of fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that on May 30, 2018, the defendant sold fentanyl to an undercover law enforcement officer. Subsequently, on June 15, 2018, Barclay sold a mixture of heroin and butyryl fentanyl to the same officer.

The plea is the result of an investigation by the New York State Police, under the direction of Major Edward Kennedy; Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing is scheduled for November 20, 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 Andre Baker, 28, of Buffalo, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced to serve 27 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Emmanuel O. Ulubiyo, who handled the case, stated that on March 25, 2018, two Buffalo Police Officers were flagged down by an unidentified civilian yelling and screaming, “he has a gun,” while simultaneously pointing his hands in the direction of a parking lot in the vicinity of Jefferson Avenue and Genesee Street. The officers observed another civilian pointing a firearm at the defendant as well as a firearm on the ground next to the defendant’s feet. After making eye contact with the officers, the defendant jumped into the rear seat of a vehicle. Seconds later, the defendant exited the vehicle and fled on foot. The defendant was quickly apprehended in the vicinity of Virginia and Cherry Streets by the officers.

One of the civilians, who identified himself as a sworn Peace Officer and licensed gun owner, reported that he observed and later broke up a physical fight between the defendant and an unidentified male and a female outside Arthur’s Pub in the vicinity of Jefferson Avenue and Genesee Street. After the fight, defendant went across the street and got into the aforementioned vehicle. The civilian observed the female who had been involved in the fight approach the car and spit in the defendant’s face. The defendant got out, approached the rear bumper, and removed a gun. The civilian withdrew his concealed firearm from his holster, pointed the gun at Baker and gave a verbal command to the defendant to drop his gun. Baker complied.

Officers subsequently recovered a loaded, .380 caliber pistol, on the ground next to where the defendant was standing prior to fleeing. Officers also recovered a loaded 12 gauge shotgun from the vehicle.

Baker was previously convicted of Attempted Criminal Possession of a Weapon in the 2nd degree in Erie County Court and is legally prohibited from possessing a firearm.  

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

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Samuel Walker, 69, of Buffalo, NY, who was convicted of conspiracy to engage in the sex trafficking of minors, was sentenced to serve 30 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney John D. Fabian, who handled the case, stated that in January and February of 2015, the defendant conspired with co-defendant D'Angelo Conner to engage in sex trafficking of minors. Connor managed an escort business which advertised two victims (Victim 1 and Victim 2) on backpage.com. At Connor’s request, Walker acted as a driver for the business, transporting Victim 1 and Victim 2 to prostitution appointments. The defendant was paid $25 per trip. Walker did so knowing or recklessly disregarding that both Victim 1 and Victim 2 were minors who engaged in commercial sex acts during the appointments. 

On February 25, 2015, the defendant drove Victim 1 to a prostitution appointment at a hotel in Cheektowaga, NY. On that date, as well as on the two preceding days, February 23 and 24, 2015, Connor used the defendant’s cell phone to exchange text messages with Victim 1 regarding prostitution appointments and activities.

D'Angelo Conner was previously convicted and sentenced to serve 90 months in prison.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Brandon Smith, 32, of Jamestown, NY, and Mark R. Maio, 34, of East Randolph, NY, with narcotics conspiracy, and possession with intent to distribute methamphetamine and marijuana. If convicted, defendants face a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10,000,000.

Maio is also charged with using and maintaining a drug-involved premises, and possession with intent to distribute methamphetamine on premises where an individual under 18 was present and resided. 

“Today we unveil a new weapon which we deploy as part of our effort to protect our community from the scourge that methamphetamine trafficking brings to it,” noted U.S. Attorney Kennedy. “This indictment marks the first time that any person in the Western District of New York has been charged with violating Title 21, United States Code, Section 860a, which requires that the sentencing court impose a mandatory, additional, consecutive term of up to 20 years in prison, whenever a methamphetamine-related drug offenses occurs on a premises at which a child is present. While we have directed much of our recent law enforcement effort to combatting deadly opioids, methamphetamine—though it may be a slower death—also kills. When it comes to protecting our community, new threats warrant new responses.”

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, beginning in March 2018, the Jamestown Police Department Narcotics Unit began investigating Maio and Smith for the distribution of methamphetamine in and around the City of Jamestown. The investigation included controlled purchases of narcotics from defendant Maio.

On January 23, 2019, the Southern Tier Regional Drug Task Force executed a state search warrant at Maio’s residence on Main Street in East Randolph, NY. Maio and Smith were present at the time, along with two other adults and three minor children. Smith attempted to leave the residence but was detained and searched. Investigators recovered suspected crystal methamphetamine and on Smith. They also searched Maio and recovered suspected crack cocaine and a large amount of cash.

During a search of the residence, investigators recovered suspected marijuana, crystal methamphetamine, a digital scale, and other drug packaging and paraphernalia.

The defendants were arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and detained.

The indictment is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office Lieutenant Ronald Lott.

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 Leonard Smith, 54, of Clawson, Michigan, pleaded guilty to conspiracy to commit wire fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $769,200 fine.

Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that between May 2010 and July 2015, the defendant conspired with others fraudulently to obtain money and property from investors. As part of the scheme, Smith, who was a financial advisor, solicited investments from his clients at two companies—i2i Capital LLC and i2i Settlement Partners LLC. The companies, which were formed by co-conspirators Christopher Dillon and Gilbert Lynagh, were incorporated in Delaware but listed a business address in Lancaster, NY.

Thereafter, Smith, Dillon, Lynagh, and other members of the conspiracy, caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners. False and fraudulent representations were made to victims regarding the nature of the investment and the associated risks, duration, and rates of return. Smith also misrepresented his compensation regarding the victims’ investments in the companies.  The majority of victim funds were utilized by Smith, Dillon, Lynagh, and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use. None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Smith, Dillon, and Lynagh.

Gilbert Lynagh and Christopher Dillon were previously convicted for their roles in the conspiracy.

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.

Sentencing is scheduled for November 18, 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 a federal grand jury returned an indictment charging Jose Velez, 36, of Buffalo, NY, with five counts of distribution of heroin and fentanyl. The charge carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Justin G. Bish, who is handling the case, stated that according to the indictment, on four separate occasions between June 1 and July 12, 2017, the defendant distributed heroin and fentanyl in the Buffalo area.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained.

The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, 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 Aaron J. McDuffie, a/k/a “G”, 24, of Buffalo, NY, who was convicted of distribution of heroin and butyryl fentanyl causing death, and distribution of fentanyl, butyryl fentanyl, and furanyl fentanyl causing death, was sentenced to serve 262 months in prison by U.S. District Judge Lawrence J. Vilardo.

“Our community has adopted a multi-faceted approach—including enforcement, treatment, and prevention efforts—in our battle against the deadly opioid epidemic,” stated U.S. Attorney Kennedy. “While that approach has produced positive results, too many of our loved ones and friends continue to die. Just as the Erie County Opiate Task Force has sought to build on prior successes by devising new and innovative treatment and prevention efforts, this Office, together with our law enforcement partners, has been extremely forward-leaning in our effort to develop a comprehensive and relentless law enforcement plan to take-out those who are fill our streets with these deadly opioids. While no amount of jail time will ever bring back an overdose victim, aggressive prosecutions such as this, which result in long prison sentences, serve: to protect our community, by ensuring that this defendant will not have the opportunity to fatally poison anyone else in our community for a very long time; to deter others from engaging in future drug trafficking activity, by letting them know that they will face severe and certain punishment if they distribute drugs that injure or kill others; and finally, to reinforce the message that, in our Western New York community, all lives are deemed to be worthy of protection.” 

Assistant U.S. Attorneys Misha A. Coulson and Wei Xiang, who handled the case, stated that on June 27, 2015, the defendant met with a repeat drug customer identified as “A.E,” a 24 year-old Cheektowaga man. McDuffie sold A.E. a quantity of powder that the defendant advertised as “fire,” a mixture that contained heroin and butyryl fentanyl. A.E. died as a result of using the drugs McDuffie provided to him.

On November 23, 2016, McDuffie met with another repeat drug customer identified as “D.M,” a 34 year-old West Seneca man, and sold him a quantity of powder that the defendant advertised once again as “fire.” This mixture contained fentanyl, butyryl fentanyl, and furanyl fentanyl. D.M. also died as a result of using the drugs McDuffie provided to him.

On November 30, 2016, law enforcement officers arrested McDuffie leaving his residence in Buffalo. The defendant was on his way to distribute a quantity of powder that contained fentanyl, butyryl fentanyl, and furanyl fentanyl. Under McDuffie’s living room couch, officers recovered a Hi-Point, .40 caliber semi-automatic handgun that was loaded with eight rounds of .40 caliber ammunition.

The sentencing is result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division; Cheektowaga Police Department, under the direction of Chief David Zack; and the West Seneca Police Department, under the direction of  Chief Daniel Denz.

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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 O. Garcia, 42, of Toronto, Ontario, and Jose Herrera-Galvaz, 43, a citizen and native of Chile, were arrested and charged by criminal complaint with harboring an illegal alien and attempted illegal entry respectively. Garcia faces five years in prison if convicted; Herrera-Galvaz faces six months in prison if he is convicted.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, on August 5, 2019, a commercial truck with Ontario, Canada plates, being driven by defendant Garcia, attempted to enter the United States at the Lewiston Bridge Port of Entry. During primary inspection, Garcia was asked if anyone else was present in the truck and he stated “No.” Garcia was then referred to the Vehicle and Cargo Inspection System (VACIS) for a scan of the truck. Garcia appeared to drive toward the VACIS area, but instead of reporting directly to the VACIS exam area, he drove the truck in front of the warehouse. A CBP Officer saw the truck park for a brief moment in front of the warehouse, and saw an individual, later identified as Herrera-Galvaz, get out of the truck and walk directly into the entrance of the warehouse. The truck then turned around in the parking lot and headed towards the VACIS examination area. 

The CBP officers alerted other officers who began to search the warehouse building for the person who exited the truck. Herrera-Galvaz was located in the hallway of the warehouse. Officers indicted that he appeared nervous and was speaking Spanish. It was determined that Herrera-Galvaz was the individual who exited the truck that had pulled in front of the warehouse. During a search of Herrera-Galvaz, officers found, concealed in Herrera-Galvaz’s pants, a Chilean passport, bearing his photograph and biographical information. Herrera-Galvaz and Garcia were referred to the secondary inspection area for further inspection. 

A subsequent record check determined that Herrera-Galvaz was refused entry to the United States under the Visa Waiver Program, at the Toronto, Ontario Pre-flight Inspection Station on August 4, 2019. Herrera-Galvaz was refused entry for failing to disclose an arrest in Chile on his Electronic System for Travel Authorization (ESTA) application. As a result, he must obtain a Visa prior to attempting to enter the United States at any time.

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were detained.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dakota J. Sarfaty, 22, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to theft of firearms from a Federal Firearms Licensee and possession of stolen firearms. The charges each carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that Sarfaty, along with co-defendants Luis D. Marcano-Agosto and Marcos D. Guzman, broke into Chinappi’s Firearms & Supplies, a gun store located at 5016 West Ridge Road in Spencerport, NY, in the early morning hours of August 16, 2018. Sarfaty entered the basement through a hole in the wall and, together with Marcano-Agosto and Guzman, stole approximately 87 firearms, almost all of which were handguns. Guzman, Sarfaty and Marcano-Agosto then sold many of the firearms on the streets of Rochester. Investigators recovered 14 of the stolen firearms in the days after the theft. 

Sarafty also admitted to breaking into Chinappi’s Firearms & Supplies and stealing approximately seven firearms on August 12, 2018.

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

Sentencing is scheduled for November 13, 2019, at 3:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jake Seright, 40, of Niagara Falls, NY, was arrested and charged by criminal complaint with possession with the intent to distribute 500 grams or more of cocaine, and possession with the intent to distribute 10 grams or more of fentanyl. 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 Misha A. Coulson, who is handling the case, stated that on July 19, 2019, investigators obtained a federal search warrant for the defendant’s Zito Drive apartment in Niagara Falls. In anticipation of executing the search warrant, investigators conducted surveillance in the vicinity during the afternoon and evening hours of August 5, 2019. At approximately 11:20 p.m., a vehicle stop was conducted of a vehicle the defendant was driving. A quantity of marijuana was recovered from Seright, who was arrested at that time.

On August 6, 2019, investigators executed the search warrant at the Zito Drive apartment and seized approximately two kilograms of cocaine and 88 grams of suspected fentanyl from the apartment.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and are being held pending a detention hearing on August 9, 2019.

The 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, and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Humberto Martinez-Vega, 48, a citizen of Mexico, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to possession with intent to distribute, and to distribute, one kilogram or more of heroin. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that beginning sometime in 2018 and continuing until July 26, 2018, the defendant conspired with co-defendant Giovani Ramirez-Soto, 27, also a citizen of Mexico, to sell heroin.

On July 26, 2018, a New York State Police Trooper conducted a traffic stop of a red Honda Accord, with Alabama license plates, driving on Route 20A in the Town of Warsaw in Wyoming County. The trooper approached the vehicle, which was being driven by Martinez-Vega with Ramirez-Soto as a passenger. Martinez-Vega gave the trooper an expired Georgia identification card, and told the trooper he was looking for work.

Martinez-Vega gave the trooper consent to search the vehicle. A NYSP K9 Trooper was brought to the scene. The K9 alerted to several areas of the vehicle and a subsequent search recovered 1,200 grams of suspected heroin, and approximately 421 grams of suspected methamphetamine hidden behind the front dashboard of the vehicle.

Further investigation determined that the defendants were illegally present in the United States.    

Co-defendant Giovani Ramirez-Soto was previously convicted and is awaiting sentencing. 

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

Sentencing is scheduled for November 20, 2019, at 10:00 a.m. before Judge Skretny.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Walton, 48, formerly of Webster, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to bank fraud. The charge carries maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Walton worked in the finance department of a local real estate business that owned and operated numerous apartments and mobile home parks. In that capacity, the defendant was responsible for processing security deposits and security deposit refunds for tenants. Between 2011 and 2014, Walton took advantage of his position to embezzle security deposit refunds payable to tenants of the business. In total, he stole approximately $53,786.98 from the business.

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

Sentencing is scheduled for December 6, 2019, at 3:00 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 Russell Ruth, 34, of Lyons, NY, who was convicted of possession of child pornography, including prepubescent images, was sentenced to serve 80 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between March 13 and June 7, 2018, the defendant uploaded five files containing child pornography to a Yahoo! Server. Yahoo! intercepted the files and reported to the National Center for Missing and Exploited Children (NCMEC).

Investigators determined the images were uploaded by Ruth and executed a search warrant at his residence on June 7, 2018. During the search, investigators seized electronic devices containing over 10,285 images and 602 videos of child pornography, including images of prepubescent children and images involving violence.
 
The defendant was employed by the Boy Scouts of America in the Ovid, NY area.

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

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

NIAGARA FALLS, NY – U.S. Attorney James P. Kennedy, Jr. will join law enforcement, community leaders and residents TONIGHT Tuesday, August 6th at the Annual Crime Night Out sponsored by the Niagara Falls Block Club Council to celebrate the 36th annual National Night Out crime and drug prevention event. The event will be held at St Paul's Lutheran Church at the corner of 18th and Cleveland in Niagara Falls.

National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities. 

“For 36 years, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community.  I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Kennedy.

In addition, USAO Law Enforcement Coordinator Samuel L. Palmiere will be taking part in National Night Out activities in the Town of Tonawanda.

National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.

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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 Maylin Santiago, 25, and Rosa Merced, 39, both of Buffalo, NY, with conspiracy to possess with intent to distribute 500 grams or more of cocaine, and possession and attempted possession of more than 500 grams of cocaine with intent to distribute. The charges carry a mandatory minimum five years in prison, a maximum penalty of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that according to the indictment, between November 2017 and April 2018, the defendants conspired to possess and sell cocaine. On at least two occasions in March 2019, Santiago and Merced obtained or attempted to obtain postal packages from Puerto Rico that contained kilograms of cocaine. Additionally, in January 2018, Santiago sold cocaine to an individual working with the Drug Enforcement Administration.

Santiago and Merced were arraigned before U.S. Magistrate Judge H. Kenneth Schroder and released on conditions.

The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the New York State Police, under the direction of Major Edward Kennedy; 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 Briha K. Younger, 25, Jenae R. Johnson, 28, both of Boston, MA, and Micaela G. Ratcliffe, 28, of Dorchester, MA, were arrested and charged by criminal complaint with smuggling of goods into the United States, importation of a controlled substance, and possession of a controlled substance. The charges carry a maximum of 20 years in prison and a $250,000.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on Monday, August 5, 2019, at approximately 8:15 a.m., the defendants attempted to enter the United States from Canada at the Lewiston Queenston Bridge Port of Entry in Lewiston, NY. The defendants all gave a negative declaration when asked if there was any marijuana and/or contraband in the vehicle. A Customs and Border Protection office noted that Ratcliffe had a record for a prior incident involving travel with marijuana and referred the defendants for a secondary inspection.

The defendants once again gave a negative declaration for narcotics. However, when a CBP officer searched Younger’s purse, multiple rolled joints containing suspected marijuana were recovered. During a subsequent search of the vehicle, officers found commercial packaged marijuana and marijuana products in multiple bags, that the investigation suggested had been lawfully purchased at marijuana dispensaries in Canada. All three defendants were arrested at the scene.

Younger, Johnson, and Ratcliffe made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and were released on conditions.

“The possession of marijuana and its importation into the United States remain federal crimes,” noted U.S. Attorney Kennedy. “The fact that it may have been lawfully purchased in Canada does not change that. To those who may ask what’s the harm here? My response is simple. In the last two weeks right here in Erie County, two different individuals have been charged with manslaughter for having been involved in fatal car crashes while driving under the influence of marijuana. The first victim was a woman who was struck by a drugged driver while walking down a sidewalk. The second victim was a woman who was watching television in her living room when a drugged driver plowed his car into her apartment and killed her. If this office, together with our federal partners, can help to save the lives of innocent potential future victims by curbing the flow of marijuana into our community and/or by letting the public know of the significant legal consequences that flow from being charged with a violation of federal law, then we will not hesitate to act. Such actions are undertaken not only enhance the safety of our community but quite possibly to prevent today’s marijuana possessor or importer from either becoming or supplying tomorrow’s manslaughter defendant. Regardless of the law in Canada—or even New York State—the public must be aware that the manufacture, possession, distribution, or importation of marijuana remain federal crimes.”

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 defendants have been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andre Cunningham, 25, and Terrence Morgan, aka Young, 24, both of Rochester, who were convicted of conspiracy to possess with intent to distribute, and distribute, 40 grams or more of fentanyl, 28 grams or more of crack cocaine, and heroin, were sentenced to serve 135 months and 87 months in prison respectively by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that Cunningham and co-defendant Michael Wyatt were leaders of a drug trafficking organization that distributed significant quantities of fentanyl, heroin, and cocaine base throughout the Rochester area. Wyatt would obtain bulk quantities of those controlled substances from various suppliers. Wyatt and Cunningham then supervised and directed the distribution and sale of those controlled substances to individual drug users, at various drug houses maintained for that purpose. The drug houses were operated by members of the conspiracy, including Wyatt, Cunningham, and others. The locations of the drug houses included 218 Emerson Street, and 131 Saratoga Avenue, both in Rochester.

At the direction of Wyatt or Cunningham, members of the conspiracy, including Morgan, would process, break down, and re-package the controlled substances into smaller quantities to be sold to individual drug users. Morgan was also responsible for selling the controlled substances to individual buyers. The proceeds from these individual sales were collected from Morgan and others by Wyatt and/or Cunningham at regular intervals. Morgan was compensated for his role in the conspiracy.

In addition, between July 2018 and August 7, 2018, Morgan possessed a firearm in connection with the narcotics conspiracy.

Michael Wyatt was previously convicted and is awaiting sentencing.

The sentencings are the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd K. Baxter; and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Rivers, 23, of Holley, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced to serve 30 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that during the early morning hours of January 25, 2019, the defendant fired a shotgun multiple times outside an apartment window at 1221 Affinity Lane in Greece, NY. 

Rivers was previously convicted of Criminal Possession of a Firearm in Orleans County Court, and is legally prohibited from possessing a firearm.

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

The sentencing is the result of an investigation by the Greece Police Department, under the direction of Chief Patrick D. Phelan, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division. 

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Gabriel Murillo, 44, of San Bernadino County, California, who was convicted of attempted online enticement of a minor, was sentenced to serve 10 years in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that between April 2018 and February 2019, Murillo engaged in sexually explicit online conversations with an individual who he believed was a 12 year old girl living in upstate New York.  The defendant attempted to groom the child by sending her pornography, and despite acknowledging her age, requested that she meet with him for sex. On February 16, 2019, Murillo flew from Los Angeles, CA to Rochester, NY in order to have sex with the child.  Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator. 
 
Murillo was apprehended while disembarking a plane at the Greater Rochester International Airport on February 16, 2019, by members of the New York State Police, Homeland Security Investigations, and the Federal Air Marshal Service.
 
The plea is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Federal Air Marshal Service, under the direction of Supervisory Air Marshal-in-Charge William Hall. 
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y.  U.S. Attorney James P. Kennedy, Jr. announced today that David Sobczyk, 43, of Buffalo, NY, who was convicted of conspiracy to commit food stamp fraud, was sentenced to two years’ probation and ordered to pay restitution totaling $82,066. He also forfeited $33,991.41.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between May 2015 and April 2017, the defendant conspired with co-conspirator Paul Carroll and others to commit food stamp fraud.

Congress established the Federal Food Stamp Program in 1977 to alleviate hunger and malnutrition. In 2008, the program was renamed the Supplemental Nutrition Assistance Program (SNAP program), which uses federal tax dollars to subsidize low-income households, helping low-income individuals and families to maintain more nutritious diets by increasing the food purchasing power of eligible households. The USDA Food and Nutrition Service (FNS) administers the SNAP program through retail food stores or food truck delivery business (FTDB) that have been approved for participation in the SNAP program to sell food in exchange for the SNAP program benefits.

A business that accepts the SNAP program benefits must do so only in connection with retail sales of eligible food products, and must be authorized by FNS as a retail food store or FTDB. According to USDA regulations, most edible items, except for prepared foods, vitamins and medicines, are eligible for purchase with food stamp benefits. Items such as beer, cigarettes, paper goods, soaps and detergents are ineligible for purchase with food stamp benefits. It is also against the SNAP program regulations to allow customers to pay for merchandise on credit with EBT SNAP/food stamps. Federal law specifies that a purchase made utilizing the SNAP program benefits must be tax exempt. Food stamp benefits may not lawfully be exchanged for cash.

In 1991, co-conspirator Paul Carroll applied to FNS and received authorization to operate a business, Carroll Services, which received the SNAP program benefits. Carroll Services operated a FTDB. In November 2015, the defendant applied to FNS and received authorization to operate a business, Sobczyk Services, which received the SNAP program benefits. Sobczyk Services operated a FTDB.

Contrary to the policies governing the administration of the SNAP program benefits, Sobczyk operated his FTDB as a “for credit” operation, whereby he allowed beneficiaries to purchase items from him “on credit.” He did so by obtaining from the beneficiaries their identifying information, including their EBT card number, PIN number, and social security number.  Thereafter, he would cause funds to be deducted from the beneficiaries’ SNAP benefits accounts on the date that the benefits were available on the beneficiaries’ EBT cards.

Paul Carroll provided the defendant with the vehicle to use for his FTDB and was paid by the defendant monthly for the vehicle, knowing that the defendant was operating his FTDB as a “for credit” operation contrary to program policies.

Using the 1-800 number provided by the USDA’s NYS Customer Help line, Sobczyk would direct his employees to manipulate the USDA’s telephonic system in order to identify food stamp beneficiaries’ card numbers in order for the defendant to use the cards to make false claims to FNS in order to deduct food stamp benefits from the beneficiaries.

Paul Carroll was previously convicted and is awaiting sentencing.

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

# # # #

CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

BUFFALO, N.Y.  U.S. Attorney James P. Kennedy, Jr. announced today that Jose O. Felix, 38, of Buffalo, NY, who was convicted of possession with intent to distribute 100 grams or more of heroin, and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 123 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorneys Laura A. Higgins and Jeremiah E. Lenihan, who handled the case, stated that on July 11, 2018, the DEA conducted a controlled purchase of heroin from the defendant. On July 19, 2018, a federal search warrant was executed at Felix’s residence at the Marine Drive Apartments in Buffalo. During the search, investigators recovered quantities of controlled substances, four firearms, ammunition, and $192,614 in U.S. currency, along with multiple drug ledger notebooks, cutting agents, and a money counter.

The defendant will also forfeit $192,614 in drug proceeds, firearms, ammunition, and jewelry valued at $34,900. U.S. Attorney Kennedy further stated that, “beyond securing a sentence which puts defendant out of business—and out of the community—for the next 10 years, our use of the forfeiture process allowed us not only to defund a drug dealer but also to use his ill-gotten gains to fund law enforcement’s efforts to catch others like him who continue to purvey this poison in our District.”

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.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Kelly, 56, of Painted Post, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Elizabeth A. Wolford. 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, an undercover FBI Special Agent determined that a computer at the defendant’s address in Painted Post was sharing child pornography. A federal search warrant was executed in November 2018 during which investigators seized several of Kelly’s digital devices. A forensic analysis revealed that the devices contained approximately 251 images and five videos containing child pornography, some of which involved prepubescent minors, as well as children being subjected to violence.

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

Sentencing is scheduled for October 30, 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 James Gerard Keller, 83, of Honeoye, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Elizabeth A. Wolford. 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 May 2018, an undercover investigator with Homeland Security Investigations located a computer sharing child pornography from the defendant’s address in Honeoye, NY.  Investigators executed a search warrant in October 2018 and seized multiple digital devices. A forensic analysis recovered more than 600 images and videos containing child pornography, some of which involved prepubescent minors, as well as children being subjected to violent conduct.

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

Sentencing is scheduled for October 9, 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 Manuel Medina, 33, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to serve 46 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that between May 2018 and October 15, 2018, the defendant conspired with a co-conspirator to distribute cocaine in the Rochester area.  
On numerous occasions, Medina received packages, via the United States Postal Service, that had been sent from Puerto Rico to locations in Rochester, on behalf of the co-conspirator. The packages each contained approximately 500 grams of cocaine. The defendant would pick up the packages from various locations, at the direction of the co-conspirator, and then deliver them to the co-conspirator. Also in furtherance of the conspiracy, Medina distributed a quantity of cocaine to an individual in Rochester in August 2018.

In addition, the defendant assisted the co-conspirator by mailing packages containing United States currency to Puerto Rico as payment for the cocaine. On August 22, 2018, Medina and the co-conspirator purchased three electronic devices from Best Buy in which to secrete United States currency that would be mailed to Puerto Rico as payment for cocaine. That same day, the defendant shipped one of those devices, with $20,500 hidden inside, via the United States Postal Service, to Puerto Rico. That money was payment for approximately one kilogram of cocaine.

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 United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard A. Lobur, 55, of Akron, NY, pleaded before U.S. District Judge Elizabeth A. Wolford to theft of government money. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

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

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

As part of his plea agreement, Lobur will pay restitution totaling $39,182.92. The money was used for, among other things: payments on a Yard Card, Discover Card, and FIA Card, which were used to buy a truck, lawnmower and camper, and a payment to Akron Mobile Home Park.

“It’s a sad day when a defendant chooses to line his own pockets with federal funding intended for the educational expenses of his own children,” stated U.S. Attorney Kennedy. “The SAFER grant is designed to allow individuals to serve the public as firefighters and first responders without the added burden and stress of having to figure out how to pay for their children’s education. Any misuse of such funding will not be tolerated and anyone who does attempt to abuse the program will be brought to justice.”

“The Department of Homeland Security (DHS), Office of Inspector General (OIG), is pleased by the assistance of the New York State Comptroller’s Office’s with the joint investigation to pursue criminal charges against Rick Lobur, a former firefighter in Akron, New York, for committing FEMA grant fraud,” stated John Tiano, Special Agent-in- Charge, Detroit Field Office. “The DHS-OIG will always relentlessly pursue those who selfishly use their position to betray the public trust.”

“Mr. Lobur took nearly $40,000 in federal grant money meant to further the education of firefighters and their families and instead used it for personal expenses including paying off his credit card debt and making loan payments,” said State Comptroller Thomas P. DiNapoli. “Thanks to my investigators and auditors working with the Federal Department of Homeland Security, Office of Inspector General, and the United States Attorney's Office for the Western District of New York, this shameless abuse of the public’s money was exposed. I thank United States Attorney James P. Kennedy and Acting Homeland Security Inspector General Jennifer L. Costello for their continued partnership.” 

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

Sentencing is scheduled for October 30, 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 Malik Lott, 25, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to two counts of Hobbs Act Robbery. The charges each 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 in the early morning hours of December 28, 2018, Lott went to the McDonald’s restaurant on East Avenue in Rochester with co-defendants Lavon Wims and Juwan Baldwin. Lott and Wims entered the restaurant, and Wims held a knife to the throat of an employee. Wims then dragged the employee to the cash register—and then to the safe—and demanded money.  At the same time, Lott displayed what appeared to be a handgun to another McDonald’s employee. Wims and Lott then fled the McDonald’s with the stolen cash.

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

Charges remain pending against co-defendants Baldwin, Wims, and Dade. The fact that defendants have 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 Violent Crimes Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Eric Laughton; and the Rochester Police Department, under the direction of Chief La’Ron Singletary.

Sentencing is scheduled for October 28, 2019, at 3:30 p.m. 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 Luis D. Marcano-Agosto, 34, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon. The charges each carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that Marcano-Agosto, along with co-defendants Dakota Sarfaty and Marcos D. Guzman, broke into Chinappi’s Firearms & Supplies, a gun store located at 5016 West Ridge Road in Spencerport, NY, in the early morning hours of August 16, 2018. Sarfaty entered the basement through the hole in the wall and, together with Marcano-Agosto and Guzman, stole approximately 87 firearms, almost all of which were handguns. Thereafter, Guzman, Sarfaty and Marcano-Agosto sold many of the firearms on the streets of Rochester. Investigators recovered 14 of the stolen firearms the day after the theft.

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

Sentencing is scheduled for October 28, 2019, at 4:00 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 Mark Buechler, 45, of Henrietta, NY, who was convicted of production of child pornography involving two prepubescent minors, was sentenced to serve 30 years in prison by U.S. District Judge Elizabeth A. Wolford.
          
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on May 3, 2018, an 11-year-old boy, minor victim 1, disclosed to his school counselor that the defendant performed various sexual acts on him on an ongoing basis at Buechler’s home in Henrietta. The counselor contacted Child Protective Services (CPS) to report the alleged incidents. A Monroe County CPS Investigator and a Monroe County Sheriff’s Office Investigator interviewed the minor victim and Buechler was arrested that day.
          
Also on May 3, 2018, a state search warrant was executed at the defendant’s Stone Road residence. Multiple digital and storage devices were seized, including computers, tablets, phones, SD cards, thumb drives, and digital cameras. 
          
On May 7, 2018, Sheriff’s Office Investigators interviewed minor victim 2, an 18-year-old boy who had visited Buechler’s residence when he was younger. Minor victim 2 also disclosed that he was sexually abused by the defendant over an extended period of time. A second state search warrant was executed on May 7, 2018, at which time additional digital devices were seized.
         
The Federal Bureau of Investigation was contacted, and on May 24, 2018, a federal search warrant was obtained to review the items seized during the execution of the state search warrants. A review of some of the items seized uncovered approximately 8,700 images and two videos of child pornography produced by Buechler, some of which depicted the defendant abusing the minor victims.  Buechler’s federal conviction follows a state court conviction secured by the Monroe County District Attorney’s Office in October 2018. 

“We must protect our children, the most vulnerable and precious members of our community, from predators such as this defendant,” stated U.S. Attorney Kennedy. “By combining efforts with our tremendous law enforcement partners in Monroe County, we have teamed up to ensure that we communicate—in the most forceful terms possible—that those who bring harm to our children have no place in our community.”

The sentencing is the result of an investigation by the Monroe County Sheriff’s Office, Major Crimes Unit, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, Special Victims Unit, under the direction of District Attorney Sandra Doorley; Monroe County Child Protective Services, under the direction of Amy Natale-McConnell; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen.

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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 Kyle Haynes, Bryan Day, Jason Haynes, and David Haynes of the Daytona, Florida area, were sentenced by U.S. District Judge Elizabeth A. Wolford for their involvement in a fraud scheme to defraud Xerox Corporation of more than $20,000,000 worth of toner. 

Kyle Haynes, Bryan Day, and Jason Haynes were convicted of conspiracy to commit wire fraud and filing a false tax return, and were sentenced to serve 30 months, 27 months, and six months in prison respectively. David Haynes, who was convicted of filing a false tax return, was sentenced to a three year term of probation. 

In addition, Kyle Haynes, Bryan Day, and Jason Haynes were ordered to pay $9,475,000 in restitution to Xerox. David Haynes was ordered to pay $884,000 in restitution to Xerox. All four defendants were also ordered also to pay approximately $25,000 in restitution to the Internal Revenue Service.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Xerox is located in, among other places, Webster, NY, and sells and leases office equipment, including printers. The company sells or leases the office equipment directly to end-user customers or to authorized resellers, like Robert Fisher, a co-conspirator and owner of RBM Imaging, who then resell or lease the office equipment to end-user customers, like the four defendants. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox upfront for the toner, however, the end-user customers pay Xerox based on the number of prints made with the toner. Until consumed by the end-user customers, the toner belongs to Xerox. At no time may the end-user customers sell the toner.

The Haynes’ and Day set up a sham company, HDH Graphics, to obtain approximately 63 Xerox printers from Robert Fisher. Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints, using much more toner than the industry average.   In executing the scheme, the defendants repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes. Their deception caused Xerox to ship approximately $25,000,000 worth of toner to HDH Graphics. The defendants then sold the fraudulently obtained toner for approximately $11,000,000 to an individual in Miami, Florida. The Haynes’, Day and Fisher shared the profits from the fraudulent sale of the Xerox toner.

The Haynes’ and Day also filed false personal income tax returns with the Internal Revenue Service for the years 2008 through 2013. Their personal tax returns failed to report net income HDH Graphics earned from the fraudulent sale of the Xerox toner. Because HDH Graphics was a partnership, all of its net income flowed through to the defendants’ personal tax returns. Therefore, the underreporting of the net income on HDH Graphics’ tax returns resulted in the underreporting of the income on the defendants personal tax returns. 

The Haynes’ and Day underreported the net income earned by HDH Graphics by falsely claiming that they had personally paid and incurred travel and shipping expenses on behalf of HDH Graphics. They then had HDH Graphics reimburse them for the falsely claimed expenses and falsely reported such expenses as deductions on HDH Graphics’ tax returns.  The falsely reported deductions on HDH Graphics’ tax returns were approximately $265,154, resulting in approximately $265,154 less in net income being reported on the corporate returns. As a result, 25 percent of such income, that is, approximately $66,288.50, should have flowed through as income to the defendant’s personal tax returns.

The defendants agreed to forfeiture of over $600,000 in cash in lieu of the forfeiture of several real properties that were purchased and funded with fraud proceeds.

“Prosecutions such as this should send the message that fraudulent gains are never secure,” stated U.S. Attorney Kennedy. “This Office, together with our federal law enforcement partners, will continue aggressively to investigate and prosecute those who seek to profit through dishonesty.”

“The truth about scams like this is that losses suffered by companies often get passed on to the consumer in the forms of higher prices, which is why we must hold the operators of these schemes accountable,” said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo. “HSI special agents will continue to use their broad authorities to uncover financial schemes and ensure that those who seek to blatantly disregard the law for their own financial gain are brought to justice.”

The sentencings are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Rivera, 35, of Williamsville, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that since February 2007, the defendant was employed as a Senior Assistant Purchasing Associate for CVS Pharmacy. This position required Rivera to order a variety of retail products sold by CVS, including diabetic test strips. 

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

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

“While business owners hate to think that their employees would steal from them, employee theft is, unfortunately, not that uncommon,” stated U.S. Attorney Kennedy.  “What does stand out in this instance, however, is the brazenness and extent of the fraud.”

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

Sentencing is scheduled for October 30, 2019, 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 Lattrell Terry, 35, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute fentanyl, and possession of firearm with altered, obliterated or removed serial number. The charges carry 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 on November 20, 2018, Monroe County Probation Officers performed a routine search of the defendant’s residence located at 92 Rexford Street in Rochester. Terry was on probation following his conviction on a drug charges in Rochester City Court.

The defendant led the probation officers to his bedroom. During their search, officers located what appeared to be a bundle of heroin and/or fentanyl, ammunition, approximately $3,316 in United States currency, and numerous new and unused baggies commonly used to package controlled substances for individual sale. As a result, investigators applied for a search warrant.

The search warrant was executed later that day at which time officers found approximately 566 individually packaged baggies of fentanyl, as well as several larger bags of fentanyl. Law enforcement also found approximately 14 grams of cocaine, numerous new and unused baggies commonly used to package controlled substances for individual sale, and other paraphernalia associated with the illegal sale of controlled substances. Also found was a 9mm semi-automatic pistol, loaded with 15 rounds in a magazine and 1 round in the chamber of the firearm. The firearm was reported stolen out of Florida in 2016. The serial number had numerous scratches across its surface, constituting an altered and obliterated serial number.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Department of Probation, under the direction of Chief Probation Officer Larry Mattle; 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 October 30, 2019, at 10:30 a.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Dudley, 31, of Tonawanda, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charges carry 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 between February 2013 and April 2015, Dudley worked for and with Alan Ceccarelli, the owner and manager of a debt collection business. During that time, the defendant engaged in a scheme to defraud debtors and purported debtors by false and fraudulent pretenses. Dudley tricked and coerced victims throughout the United States into paying supposed debts through a variety of false statements and threats. Because Ceccarelli did not actually own the debts on which he, Dudley, and other employees collected, payments made by victims went directly to Ceccarelli, rather than to satisfy any of the victims’ outstanding debts. 

Dudley received approximately $72,250 of the fraud proceeds collected from victims as commission. 

In addition, Dudley and Ceccarelli placed telephone calls to debtors involved in bankruptcy proceedings, in which they posed as attorneys or representatives of bankruptcy courts, and induced debtors to make payments to Ceccarelli, by falsely stating that such payments were necessary for the debtors to finalize their bankruptcy proceedings.

Alan Ceccarelli was previously convicted and sentenced to serve 72 months in prison.

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

Sentencing is scheduled for October 23, 2019, at 2:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sergiy Bezrukov, a/k/a Thomas Paris, a/k/a Chris Riley, a/k/a John Butler, 35, of Salamanca, NY, who was convicted of conspiracy to commit bank fraud and conspiracy to commit money laundering, was sentenced to serve 66 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $1,230,840.

Assistant U.S. Attorneys Wei Xiang, who handled the prosecution of the case, and Mary Clare Kane, who is handling the forfeiture and restitution, stated that Bezrukov, often using the alias “Thomas Paris” of “Corporate Restructure, Inc.,” solicited small businesses across the United States that were operating with merchant cash advances to “restructure” their “debt” with him. The defendant fraudulently induced the businesses to stop paying their original obligations, and to pay him instead. In total, Bezrukov defrauded approximately 200 victims out of more than $1,200,000.

The financial and emotional havoc that the defendant wreaked on the victims extended beyond losing money. Victims continue suffering long-lasting effects from bankruptcies, judgments, and damage to their credit history. In some of the family-owned and operated small businesses, Bezrukov shattered the victims’ marriages. As one victim wrote to Judge Vilardo, “It was so tempting to just end my life, but I couldn’t do it.”

During the course of the investigation, law enforcement officers learned that the defendant was planning to move his business out of Salamanca. As a result, federal search warrants were executed on Bezrukov’s office, home, vehicle and person. Officers found and seized approximately $393,000 in cash hidden in computer hard drives. Later in the investigation, a check for $729,000 dollars was seized. In addition, other checks, gift cards, and quantities of cash from the defendant’s operation were also seized. In total, more than $1,400,000 was seized from Bezrukov.

Co-defendants Mark Farnham, Dustin Walker, and Vanessa Cardona were previously convicted and sentenced.

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sheila Offor, 42, of Scarborough, Ontario, who was convicted of conspiracy to commit wire fraud, was sentenced to serve a three year term of probation and ordered to pay restitution totaling $134,172.60 by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between July 2005 and May 2011, the defendant and others conspired to defraud individuals seeking loans and to obtain money from these individuals seeking loans.

In furtherance of the scheme, a number of individuals established websites for fictitious financial services companies offering to arrange loans to U.S. residents with credit problems. Applicants provided their names, phone numbers, state of residence, requested loan amount, and approximate credit scores. Applicants were then contacted by persons posing as company representatives and told that a lender would be contacted for approval. When informed that a loan was arranged, applicants were instructed to sign and return a loan agreement, provide bank account information, and pay an “insurance deposit” for the lender to process the loan. Applicants were provided wire instructions for the lender’s “insurance deposit,” including the name of the company representative (payee), the amount, date, and Western Union location.

Offor served as a payee in this scheme and traveled from Canada to the United States, picked up wired funds, and transported them back to Canada. The monies were then delivered to other individuals who were managing the scheme. Applicants never received the loans, but they were often coerced into making multiple deposits under various pretexts.

In total, the defendant received $134,172.60 in fraudulent “insurance deposits” from 77 different victims.

A total of 32 defendants were charged and convicted in this case.

Today’s sentencing is the culmination of an investigation on the part of Special Agents of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Canada Border Services Agency; and the Federal Trade Commission.

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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 Milton Williams, Jr., 35, of Niagara Falls, NY, who was convicted of possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking activity, was sentenced to serve five years in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on December 12, 2017, law enforcement officers executed a New York State search warrant at the defendant’s residence at 1364 Pierce Avenue in Niagara Falls. Officers recovered three loaded firearms and additional assorted rounds of ammunition. In addition, officers recovered marijuana and a large quantity of cocaine.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Weber, 36, of Grand Island, NY, who was convicted of attempted receipt of child pornography, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve 75 months in prison.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that on April 9, 2017, the defendant engaged in a online conversation with Victim 1, a 15 year-old female. On April 12, 2017, Weber invited Victim 1 to a bonfire, stating they would drink alcohol and smoke marijuana. Victim 1 responded, “Im 15.”

On August 10, 2017, the defendant again engaged in an online conversation with Victim 1, offering to provide cocaine to Victim 1 in exchange for sexual intercourse. Victim 1 agreed to consider having sex with Weber in exchange for cocaine. The defendant then requested that Victim 1 send him sexually explicit pictures.

Victim 1 subsequently reported this incident to the City of Tonawanda Police Department. After the incident was reported, the Federal Bureau of Investigation assumed Victim 1’s online identity and continued to engage in online conversations with the defendant. On October 11, 2017, Weber agreed to meet the person he believed was a minor female to engage in sexual activity. The defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor.

The sentencing is the result of an investigation by the City of Tonawanda Police Department, under the direction of Chief William Strassburg; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Cheektowaga Police Department, under the direction of Chief 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 Robert Gonzalez, 42, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to production of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that on December 3, 2018, the Rochester Police Department received a 911 call from a mother regarding her missing daughter, a 14-year-old victim, who had not been seen since December 1, 2018. The mother, who attempted to call the victim’s cell phone several times without success, told police that the victim left the house that day around 1:00 p.m. without her permission. The mother also told officers that she recently discovered that the victim was in an inappropriate sexual relationship with defendant. The mother stated that she caught the defendant kissing the victim in front of her house, and that the victim confessed to the mother that she had been dating Gonzalez and that they had sex numerous times. In addition to further confirming the sexual nature of their relationship, a review of the victim’s social media indicated that she may have travelled to New York City. The defendant’s friend further advised officers that the defendant told him that he took the victim to New York City but would not state exactly where in New York City.

An emergency trace was put on the defendant's cell phone which showed that he was in fact in New York City. An Amber Alert was issued and the FBI and NYPD assisted with the investigation and ultimately apprehended Robert Gonzalez. The defendant was apprehended on December 6, 2018, at the Red Carpet Inn in Brooklyn, NY.

At the time of his arrest, officers seized Gonzalez’s cell phone. A search of the recovered numerous videos, taken between November 12, 2018, and November 19, 2018, of the defendant engaging in sexual activity with the victim.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert, and the New York Police Department, under the direction of Chief Terence Monahan.

Sentencing is scheduled for October 3, 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 Joshua Vandegrift, of Rochester, NY, pleaded guilty before U.S. District Elizabeth A. Wolford to attempted receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.

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

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

Sentencing is scheduled for October 28, 2019, 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 Tyrone Jiggetts, 47, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on May 6, 2019, the defendant possessed a 12 gauge double-barrel shotgun at a gas station at 799 West Main Street in Rochester. In 1991, Jiggetts was convicted of Robbery in the Third Degree, and in 2004, he was convicted of Attempted Grand Larceny in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.

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

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

Sentencing is scheduled for September 13, 2019, at 2:00 p.m. before Judge Geraci.

# # # #

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Jose Garcia-Santiago, 61, of Niagara Falls, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. 

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

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

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

Sentencing is scheduled for October 17, 2019, at 2:00 p.m. before Judge Geraci.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Xingjia Cui, 56, of Pittsford, NY, who was convicted of health care and tax fraud, was sentenced to serve 12 months and 1 day in prison by U.S. District Judge Elizabeth A. Wolford. He was also ordered to pay restitution in the amount $597,823.

Assistant U.S. Attorney John J. Field, who handled the case, stated that the defendant was employed full-time by the Canandaigua Veterans Administration Medical Center, and in addition, Dr. Cui also maintained a private psychiatric practice in Canandaigua, NY.

A joint investigation involving federal, state and local law enforcement agencies showed that Dr. Cui had billed health insurance companies for psychotherapy services that he did not provide to his patients. Specifically, from January 1, 2013, to October 5, 2015, Dr. Cui willfully defrauded health insurance benefit programs of approximately $79,275 by fraudulently billing for psychotherapy services he did not provide.

In addition, the investigation showed that Dr. Cui failed to report on his federal income tax returns hundreds of thousands of dollars of payments that he received directly from his patients.  For tax years 2010 through 2014, Dr. Cui failed to report approximately $381,447 income that he earned, resulting in a tax loss to U.S. Treasury in the approximate amount of $132,704.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larson, Special Agent-in-Charge, New York Field Office; the New York State Department of Financial Services, under the direction of Superintendent Linda Lacewell; the New York State Medicaid Fraud Control Unit, under the direction of William Falk; and the Ontario County Sheriff's Office, under the direction of Sheriff Kevin M. Henderson.

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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 Daniel Badu, 56, of New City, NY, who was convicted of conspiring to commit mail and wire fraud affecting a financial institution, was sentenced to time served and 10 months home detention by U.S. District Court Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that between 2008 and 2009, the defendant conspired with others to defraud The Funding Source (“TFS”), a mortgage bank, and other financial institutions by submitting fraudulent applications for home loans.  After being originated by TFS, the loans were sold to other financial institutions, including M&T Bank and JPMorgan Chase.

The co-conspirators in this case submitted fraudulent applications for loans on eight properties in Bronx, NY. They fraudulently obtained mortgages that were insured by FHA on behalf of unqualified borrowers, such as the defendant. Badu was the purchaser on two of the properties and he aided in the submission of false documentation as part of the loan application, including documents purporting to show income from a fake job. The defendant also backstopped false employment for another loan, pretending that the borrower worked for his ophthalmology company, Eagle Eyes, which in reality was a shell company that performed no business.
The total loan amount for these eight transactions was $4,800,007. 

In total, six defendants have pleaded guilty for their roles in this fraud. Attorney Laurence Savedoff, Esq. pleaded guilty to a misprision of a felony and was sentenced to four months in prison. Realtor and appraiser Julio Rodriguez pleaded guilty to mail and wire fraud affecting a financial institution, and a conspiracy to do the same, and was sentenced to six months in prison. Sentencing hearings are pending for mortgage broker Gregory Gibbons, and realtors Tina Brown and Alagi Samba.

The sentencing is the culmination of an investigation by the United States Postal Inspection Service under the direction of Joseph W. Cronin, Inspector-in-Charge, Boston Division; the United States Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.  Additionally, the New York State Department of Financial Services assisted with the investigation.

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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 Eric Birkedahl, 32, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to serve 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that Birkedahl was located by undercover FBI Agents while trading child pornography online. During the execution of a search warrant at his residence, the defendant was found to be in possession of approximately 3,613 images and 3,726 videos of child pornography on his desktop computer. 

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

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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 Mary Ann Langridge, 63, of Toronto, Ontario, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to attempted transportation within the United States of an illegal alien for private financial gain. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine. 

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on May 21, 2019, Rosa Guadelupe Lopez-Gonsalez, a Mexican citizen, and Leonardo Jiminez-De La Rosa, a Dominican Republic citizen, entered the United States at a boat dock in Lewiston, NY, without authorization and in violation of the law. Langridge met Lopez-Gonsalez and Jiminez-De La Rosa at the boat dock and attempted to transport the two aliens to the Seneca Niagara Casino in Niagara Falls, NY via automobile. The defendant participated in this offense in exchange for $500.00 United States currency.

Rosa Guadelupe Lopez-Gonsalez and Leonardo Jiminez-De La Rosa are facing immigration proceedings.

The plea is the result of plea is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Josh Barrett.

Sentencing is scheduled for December 12, 2019, before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a six-count indictment charging Timothy L. Mulvey, 32, of Grand Island, NY, with aggravated bank robbery, entering a bank with intent to commit a larceny, and bank larceny. The charges carry a maximum penalty of 25 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated according to the indictment, on June 27, 2018, the defendant robbed the Northwest Savings Bank on Grand Island Boulevard, on Grand Island. During the robbery, Mulvey displayed a weapon when demanding money from a bank teller.

Subsequently, on July 11, 2018, the defendant robbed the M&T Bank on Military Road in Niagara Falls, NY. Once again, Mulvey displayed a weapon during the robbery.

“I commend the Erie County Sheriff’s Office and the Niagara Falls Police Department for the tremendous work they did in investigating these bank robberies,” stated U.S. Attorney Kennedy. “Working with the FBI, our dedicated and professional partners in local law enforcement worked diligently for over a year to conduct a thorough and exhaustive investigation which culminated in the charges contained in this indictment. The citizen of both Erie and Niagara County are well served by the many dedicated men and women of state, county, and local law enforcement who truly stand on the front line of our defense against violent criminals.” 

The defendant was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and was detained. 

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.

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

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