Western District of New York

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Torres Perez, 48, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute one kilogram or more of heroin. The charge carries a minimum penalty of 15 years in prison, a maximum of life, and a $2,000,000 fine. In addition, the defendant’s son, Carlos Yamiel Torres, 20, also of Rochester, pleaded guilty to misprision of a felony which carries a maximum penalty of three years and a fine of $250,000. 

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on February 7, 2018, the defendants picked up approximately two kilograms of heroin from a location in Rochester for the purpose of transporting the heroin to the Albany, NY area for distribution to another individual for approximately $97,500 in cash. On that date, law enforcement officers conducted a traffic stop of a car traveling eastbound on Interstate 490 in the vicinity of Victor, NY.  Carlos Yamiel Torres was the driver and Carlos Torres Perez was in the front passenger seat. During a subsequent search, officers recovered approximately two kilograms of heroin from a bag in the backseat of the car. 

The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the New York State Police, under the direction of Major Eric Laughton.

Carlos Torres Perez’s sentencing is scheduled for October 10, 2019, at 8:30 a.m. before Judge Siragusa. Carlos Yamiel Torres is scheduled to be sentenced before Judge Siragusa on October 21, 2019, also at 8:30 a.m.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a two-count indictment charging Shanna Smith, 25, of Buffalo, NY, with false declarations before grand jury and obstruction of justice. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorneys Misha A. Coulson and Seth T. Molisani, who are handling the case, stated that according to the indictment, Xavier Wimes, a/ k/ a Zave, was shot and killed the morning of January 1, 2017, in the Towne Garden Apartments in Buffalo. As Buffalo Police investigated the homicide, the FBI and other law enforcement agencies included the Wimes homicide investigation as part of a larger investigation into violations of federal law involving, among other things, drug trafficking, racketeering, and violent crimes committed in furtherance of such activities.

On July 11, 2018, the defendant was interviewed by a Buffalo Police detective and an FBI special agent. During that interview, Smith stated she was at a party in the Towne Garden Apartments the morning of January l, 2017, attended by Wimes and that she was present during an altercation between Wimes and Dalvon Curry that preceded Wimes's murder. However, on July 31, 2018, the defendant, while under oath and testifying in a proceeding before a Federal Grand Jury, falsely stated: that she observed 20 individuals chasing Wimes outside of the Towne Gardens Apartment building just before Wimes was killed; that she observed her cousin Dalvon Curry retrieve a firearm from the grass shortly after the murder and throw it into the bushes; that she helped Dalvon Curry to a parking lot near the murder scene; and that she  accompanied Dalvon Curry to the hospital to seek medical treatment following Wimes's homicide.

The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.

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 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 Grant Easley, 33, of Lackawanna, NY, who was convicted of possessing with intent to distribute and distributing crack cocaine, was sentenced to serve 40 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that the Hamburg and Lackawanna Police Departments, and the Drug Enforcement Administration began investigating the narcotics trafficking activities of the defendant in July 2018. During the course of the investigation, officers conducted a total of five controlled purchases of cocaine and/or crack cocaine from Easley between July 13 and August 21, 2018.

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

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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 Carlos Francisco Lopez, 30, of Los Angeles, CA, pleaded guilty before U.S. District Judge Richard J. Arcara to enticement of a minor to engage in sexual activity and attempting to transport a minor across state lines to engage in sexual activity. The charges carry a mandatory minimum penalty of 10 years and a maximum of life in prison.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on January 16, 2018, the City of Tonawanda Police Department received a request to conduct a welfare check on a 15 year old girl (victim) who was reported to have run away from home and gotten on a bus. Police officers located the bus in Tonawanda, stopped it, and located the victim who was a passenger. The victim told officers she was running away from home and intended to travel to California to visit family, claiming that her uncle purchased the bus ticket for her.

Subsequent interviews revealed that the victim met an unknown individual, with the username “playfulchaos,” on the internet application Kik in a group for runaway youth. In addition to discussing the victim running away, the two also discussed having sex. According to the victim, the two continued to communicate on the internet application Text Free, making plans for the victim to travel to California.  

On January 18, 2018, an undercover law enforcement (UC) officer posed as the victim to continue to communicate with Lopez. The UC wrote, "hey u there... this bus ride sucks." The UC stated she was due into California around 10:00 pm on January 19, 2018 and asked what to do upon arrival. The defendant replied, "call me or text me. Wait at the station, and ill send an uber." Lopez was arrested after the UC sent a message that the bus had arrived and the defendant ordered an Uber.

In 2011 and 2012, Lopez was convicted of sexual offenses against minor children in the State of California. He is a registered sex offender. The defendant was released from prison in 2016 and is an active parolee. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Cheektowaga Police Department, under the direction of Chief David Zack; and the City of Tonawanda Police Department, under the direction of Chief William Strassburg.

Sentencing is scheduled for November 7, 2019, at 1:00 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 as part of an enforcement operation focused on and around the Seneca Allegany Indian Reservation, two defendants have been charged with narcotics conspiracy in two separate cases.

In the first case, Brandon Blackshear, 35, of Olean, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, crack cocaine and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. The defendant made initial appearance before U.S. Magistrate Judge H. Kenneth Schroder and is being held pending a detention hearing on July 19, 2019.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, on January 2, 2019, members of the Southern Tier Regional Drug Task Force made a controlled purchase of crack cocaine from the defendant and a co-conspirator. On January 22, 2019, the task force made a second controlled purchase of crack cocaine as well as heroin from Blackshear and a co-conspirator.

In the second case, Christopher T. Dupont, 32, of Salamanca, NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, butyryl fentanyl. That charge also carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

AUSA Violanti stated that according to the complaint against Dupont, since July of 2018, the Southern Tier Regional Drug Task Force has been conducting an investigation into the distribution of heroin in and around Salamanca, NY. That investigation identified the defendant as a distributor of heroin in and around Salamanca. During the course of the investigation, investigators conducted controlled purchases of butyryl fentanyl from Dupont on July 11 and August 29, 2018. 

On August 30, 2018, investigators executed a state search warrant at the defendant’s Elm Street residence. During execution of the search warrant, officers observed several items dropped out of a window of the residence, including several small clear baggies with a powdery substance (suspected butyryl fentanyl) and several pills, an empty cigarette pack, and a small scale. Dupont was subsequently arrested on state charges.

Dupont also made an initial appearance before Judge Schroeder. A detention hearing is scheduled for July 16, 2019.

“This Office takes seriously our federal trust responsibility and obligation to pursue justice in Indian Country and to work diligently to increase public safety and the quality of lives in tribal communities,” stated U.S. Attorney Kennedy.  “These arrests make clear our commitment to work in order to improve the quality of life for all native residents in those communities.”

The complaints are the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of Cattaraugus County Sheriff’s Office Lieutenant Ronald Lott; the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Salamanca Police Department, under the direction of Chief Troy Westfall.

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 Kevin James Fox, 63, of Limestone, NY, who was convicted of receipt of child pornography, was sentenced to serve 220 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney, Aaron J. Mango, who handled the case, stated that in May 2016, the defendant persuaded an adult female, identified as T.M., to find a minor male and engage in sexual activity with him for the purpose of producing a visual depiction. T.M. met a 16-year-old male (Victim 1) through Craigslist and began communicating with Victim 1 via text messaging that was sexual in nature. On June 1, 2016, T.M. picked up Victim 1 and drove to her residence, where she engaged in sexual activity with Victim 1.  T.M. used her cellular telephone to take approximately five photographs. T.M. then drove Victim 1 home and texted the images to a telephone number controlled by Fox. 

The defendant also persuaded T.M. to engage in sexual activity with a 17-year-old minor male (Victim 2) who was known to T.M. Between May 26 and June 21, 2016, T.M. engaged in sexual activity with Victim 2, at Fox’s request. T.M. also took photographs once again and sent the images to the defendant.

The sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, Buffalo Office, under the direction of Gary Loeffert, Special Agent-in-Charge along with the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.  

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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 Ebony Danielle Phillips, 38, of the United Kingdom, was arrested and charged by criminal complaint with illegal reentry after deportation following conviction of an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on July 3, 2019, at approximately 3:20 p.m., the defendant attempted to enter the United States at the Rainbow Bridge Port of Entry. Phillips was driving a vehicle bearing an Ontario registration but she presented a State of North Carolina driver's license, and stated that she was a citizen of the United States. The defendant was referred for secondary inspection. A subsequent records check determined that her birth place was the United Kingdom.

When asked if she had ever been arrested, Phillips replied “no.” A fingerprint check determined that she was convicted of Conspiracy to Commit Healthcare Fraud in the State of North Carolina in March 2017 and sentenced to nine months in prison. Upon her release from Bureau of Prisons custody, the defendant was arrested by Immigration and Customs Enforcement officers in January 2018, deported in August 2018, and permanently barred form re-entering the United States.

The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and 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 Daniel Owens, 27, of Rochester, NY, pleaded guilty today before U.S. District Judge Charles J. Siragusa to possession of ammunition by a convicted felon. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that on January 23, 2019, Greece Police Officers were called to 254 Estall Road for a report of people building bombs at that address. After knocking on the door and being let into the house, officers found several rounds of 12 gauge shotgun ammunition. Officers also found a device which appeared to be a pipe bomb, a glass bottle containing isopropyl alcohol, which officers believed was a Molotov cocktail device, and a glass jar containing metal screws and nails. During conversations with officers, the defendant admitted to building the pipe bomb and packing it with the screws and nails. 

In 2018, Owens was convicted in Monroe County Court of Criminal Possession of a Firearm, and is legally prohibited from possessing ammunition.

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

The plea is the result of an investigation by the Greece Police Department, under the direction of Chief Patrick Phelan, 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 15, 2019, at 8:30 a.m. before Judge Siragusa.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Darryl Williams, 47, of East Amherst, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 180 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan Tokash, who handled the case, stated that between June 2013 and September 2015, the defendant conspired with others to sell fentanyl and cocaine. Williams formed a relationship with co-defendant Jose Ruben Gil and 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 the defendant 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 receiving 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 this tractor¬ trailer constituted proceeds from the sale of heroin and cocaine, which the defendant was sending to Gil to pay for those illegal drugs.

Gil was arrested in California on January 13, 2014. Thereafter, Gil's associate, Herman Aguirre, continued the cross-continent drug trafficking operation with the defendant while Gil was in prison. After Gil's arrest, and at Herman Aguirre's direction, the defendant took the money from the proceeds of the drugs sales in Buffalo and other East Coast cities, brought it 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. Subsequent to those deposits, the principals of those three 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 while knowing that the property involved in the financial transactions represented the proceeds of unlawful activity, to wit, the unlawful sale of illegal narcotics.
In mid-July 2013, Herman Aguirre gave Williams his night deposit lock box key for the Bank of America branch located on Dick Road in Depew, NY. During the period from July 2013 to September 2014, the defendant engaged in numerous financial transaction whereby he deposited cash into the Dick Road branch lock box for the benefit of Triton Foods.

Because the quantities of drugs shipped were so large, and the proceeds so great, Williams invited others into the drug trafficking organization. The defendant introduced co-defendants Maulana Lucas and Troy Gillon to co-defendant Herman Aguirre, who was shipping the drugs from California. Lucas and Gillon then assisted with distributing the drugs, collecting proceeds from the same, and depositing proceeds from the same into banks located in Western New York. In the Western District of New York alone, Williams personally deposited a total of approximately $19,000,000 in cash into accounts.

Between July 15, 2014, and March 18, 2015, the defendant received 29 pallets of shipments of controlled substances from Herman Aguirre. Each pallet contained a combination of approximately 30-50 kilograms of cocaine, heroin, and fentanyl.

Williams also directed Shirley Grigsby to accept packages of drugs at her places of employment, as well as the apartment in which she was living in. On March 23, 2015, Buffalo Police seized 22 kilograms of cocaine, two kilograms of heroin, and eight kilograms of fentanyl at Shirley Grigsby's apartment.
 
In addition, the defendant had an apartment on Niemel Drive in Niagara Falls, NY where he stored kilogram quantities of drugs that were shipped from California.

On July 31, 2015, federal agents executed a search warrant on another home registered to the defendant, on Boca Place in East Amherst, NY. $43,940.00 in U.S. currency was seized from the premises, along with drug packaging material, bank deposit slips, and a key to a safety deposit box, which was subsequently opened and contained $31,000.00 in U.S. currency.

Williams was arrested in August 2016 along with 16 other defendants. All defendants have been convicted.

“Large scale transnational drug trafficking organizations such as this one serve as a pipeline to ensure the delivery of misery to our community,” noted U.S. Attorney Kennedy. “By completely dismantling them through highly successful and comprehensive prosecutions such as this, we help to remove not only drugs but the despair and harm they bring to the lives of those who both consume them and distribute them.”

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, 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 Sucley Romero, 28, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 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 Laura A. Higgins, who is handling the case, stated that between July and September 29, 2017, the defendant conspired with others to sell cocaine.

In July 2017, Romero agreed with co-defendant Daniel Navarro to receive a package of cocaine, shipped from Puerto Rico, at her Tower Street residence in exchange for payment. The defendant knew that the package contained cocaine and belonged to Cesar Rivera-Figueroa, who was the leader of a drug trafficking organization managed, at the time, by Daniel Navarro. Romero also knew that the cocaine would be distributed in the Buffalo area.

On July 26, 2017, a United States Postal Service parcel addressed to the defendant was intercepted by the United States Postal Inspection Service. A few days later, a search warrant was executed on the package. Concealed within a toy “cash box” was a kilogram-sized brick of suspected cocaine.

Romero is one of 12 defendants charged in this case and the fifth to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for November 22, 2019, before Judge Vilardo.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Todd Cameron, 47, of Buffalo, NY, who was convicted of filing a false tax return and transporting and harboring an illegal alien, was sentenced to serve 51 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution in the amount of $508,340 to the IRS. 

Assistant U.S. Attorney Russell T. Ippolito, who handled the case, stated that between June 2012 and December 2015, Cameron operated the Buffalo Remodeling & Construction Co. of W.N.Y. and Buffalo Roofing Co. For the tax years 2013-2015, the defendant failed accurately to report income generated from his businesses to the Internal Revenue Service.

In addition, between July 2015 and December 2015, Cameron transported and harbored six illegal aliens for the purpose of commercial advantage and private financial gain. The defendant paid for the illegal aliens to be transported from the State of Maryland here to the Western District of New York to work for his roofing business. Cameron then paid to house the illegal aliens, first at a local hotel, and then at a house owned by a business of the defendant. 

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Williams, 52, of Rochester, NY, who was convicted of sex trafficking of a minor, was sentenced to serve 188 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Melissa M. Marangola and Tiffany H. Lee, who handled the case, stated that between January and February 2012, the defendant enticed a minor victim (Victim 1), to engage in a commercial sex act. Williams recruited and enticed Victim 1 to live with him and to earn money working as a prostitute. Advertisements for Victim 1 were posted on Backpage.com. The investigation began when a family member saw an ad for Victim 1 online. 

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Monroe County District Attorney's Office, under the direction of District Attorney Sandra Doorley.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Justin Potts, 37, of Rochester, NY, who was convicted of transfer of a means of identification, was sentenced to three years’ probation by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between March 2015 and December 2016, the defendant gained unauthorized access to various women’s digital accounts, all of which were password protected. During this time period, Potts used his technical knowledge and password breaking software to harvest the usernames and passwords of more than 100 women’s online accounts including Facebook accounts, iCloud accounts, Gmail accounts, Yahoo accounts and Hotmail accounts. The defendant entered these accounts without permission of the owners and used this access to obtain their personal information and personal photographs.  Potts saved the personal information of the various women on his electronic devices.

Investigators believe 150 victims were targeted as a result of the computer intrusion scheme orchestrated by Potts.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Harold A. Rodriguez, 44, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possessing with intent to distribute and distributing 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 in 2017, law enforcement officers were alerted to the drug trafficking activities of the defendant. On January 25, 2018, Rodriguez sold approximately 64 grams of cocaine to an individual working with the Bureau of Alcohol, Tobacco, Firearms and Explosives in exchange for $2,700 in cash. In addition, Rodriguez sold a total of 63 grams of cocaine to the individual on two separate occasions between February 8 and March 15, 2018.

On April 20, 2019, the defendant was pulled over by a New York State Police Trooper on Route 490 in Rochester and arrested for Unlicensed Operation of a Motor Vehicle. During a search of the vehicle, the trooper found a Glock pistol and ammunition. 

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, and the New York State Police, under the direction of Major Eric Laughton.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Madera, 29, of Rochester, NY, who was convicted of possession with intent to distribute cocaine and heroin, and being a felon in possession of firearms and ammunition, was sentenced to serve 96 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that the defendant was arrested on May 30, 2018, after police executed a search warrant at his Grape Street residence in Rochester. During the search, officers recovered approximately three grams of cocaine, three grams of heroin, $2,315 in cash, three handguns, a shotgun, and over 200 rounds of various ammunition. One of the handguns had a defaced serial number.
Previously, in 2016, Madera was convicted of Criminal Possession of a Controlled Substance in the Third Degree in Monroe County, and as a result of that conviction, he was 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 Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Reese Moore, 26, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to distribute 40 grams or more of fentanyl. 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 Joseph M. Tripi, who is handling the case, stated that the defendant conspired with others to distribute heroin and fentanyl for over two years in the City of Buffalo and surrounding areas. Many of the sales occurred on residential streets in Buffalo, in parking lots of businesses in Amherst and Lancaster, and several times at a local mall. The conspiracy is responsible for distributing thousands of doses of opiates and causing multiple overdoses.

Specifically, Moore communicated and coordinated with a co-defendant and used cellular telephones to coordinate sales of heroin and fentanyl to users and people who resold the drugs. The defendant sold fentanyl to an individual working with investigators on three separate occasions during March of 2016.

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

Sentencing is scheduled for November 15, 2019, at 1:00 p.m. before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Michael Calaiacovo, 61, of Hamburg, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, in June 2019, Homeland Security Investigations in Buffalo (HSI) received a report from the National Center For Missing and Exploited Children (NCMEC) via the New York State Police regarding images of child pornography which were subsequently traced to the defendant. 

Also in June 2019, HSI Buffalo received five additional reports from NCMEC via the New York State Police. Once again the reports involved images of child pornography and were traced to Calaiacovo.
The images in all six reports included naked underage and pre-pubescent children, some involved in sexual activity.

On June 27, 2019, a search warrant was executed at the defendant’s residence and several electronic devices were seized, including two laptop computers, cell phones, SD memory cards, CD’s and DVD’s, and video tapes. A preliminary examination has identified at least 400 images constituting child pornography. 

The defendant recently retired from his position as a school psychologist with the West Seneca School District.

“This is the third time in as many months that an individual in a position of trust involving children has been arrested on child pornography charges,” stated U.S. Attorney Kennedy. “It is our duty zealously to protect the most vulnerable among us, and these cases should serve as a warning to anyone who may engage in similar criminal behavior, we will find you, arrest you, and we will prosecute you.” 

“This case is particularly disturbing because the defendant has long occupied an important role in our community,” said HSI Buffalo Special Agent-in-Charge Kevin Kelly. “As special agents, our work now will hopefully begin the road to justice and healing for anyone who has been impacted by this alleged activity.”

Members of the public who have specific information related to this case are urged to contact the HSI Buffalo Office Child Exploitation Tip Line at 716-464-6070 or email HSIBuffaloTips@ice.dhs.gov. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources. 

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

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

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

# # # #

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Maulana Lucas, 45, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, one kilogram or more of heroin, five kilograms or more of cocaine, and 400 grams or more of fentanyl, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between January 2013 and September 2015, the defendant and his girlfriend formed a relationship with co-defendant Darryl Williams to assist Williams with receiving drug shipments from California, distributing the drugs, and collecting proceeds the Western District of New York and elsewhere. In the Western District of New York alone, the defendant assisted in collecting a total of approximately $19,000,000 in cash in drug proceeds.
 
In May 2014, as part of the conspiracy, Lucas was directed by co-defendant Williams to meet with another co-defendant, Sonia Hernandez, to receive kilograms of cocaine.

From July 15, 2014, through March 18, 2015, Lucas received 29 pallets of shipments of illegal drugs from Herman Aguirre. Each pallet contained a mixture of approximately 30-50 kilograms of cocaine, heroin, and fentanyl. The drugs were then distributed in the Western District of New York and in other cities and states. The defendant assisted in breaking down pallets of drugs and in collecting drug proceeds from surrounding states. The drugs were shipped in crates or pallets, disguised as microwaves or furniture. The drugs were unloaded at a local warehouse. Lucas also directed his girlfriend to store kilograms of drugs in the bedroom of her apartment in the Western District of New York.
 
On March 23, 2015, Buffalo Police seized 22 kilograms of cocaine, two kilograms of heroin, and eight kilograms of fentanyl at the defendant’s girlfriend’s apartment.

Lucas was arrested in August 2016 along with 16 other defendants. All defendants have been convicted.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; 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, 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 Tarrell Hendrix, 35, of Lackawanna, NY, pleaded guilty before Senior U.S. District Judge William M. Skrenty to possession with intent to distribute, and distribution of, crack cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Jeremiah Lenihan and Laura A. Higgins, who are handling the case, stated that the defendant was arrested in December 2014 along with 19 others and charged with engaging in narcotics trafficking in the Gates Housing Project, a housing facility owned and operated by the Lackawanna Municipal Housing Authority. Hendrix sold a quantity of crack cocaine to an individual working with investigators on two separate occasions in August 2014.

During the course of the drug trafficking operation, Hendrix and his co-defendants conducted open air drug sales in and around the public housing project including hand to hand transactions. This was done in close proximity to playgrounds and recreational areas where children living in the housing project would play.

Hendrix is the final defendant to be convicted in this case.

The indictments are the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, and the Federal Bureau of Investigation’s Safe Street’s Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was provided by the U.S. Marshal Service, under the direction of Marshal Charles Salina, and the Tonawanda Police Department, under the direction of Chief Jerome Uschold.  

Sentencing is scheduled for October 2, 2019, at 11:00 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 Nolan Rogers, 32, of Lisbon, CT, was arrested and charged by criminal complaint with possession of fentanyl. The charge carries a maximum penalty of one year in prison, and a fine of up to $100,000.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that the criminal complaint alleges that in March 2019, the defendant was a resident at the Bath, NY Veterans Affairs Medical Center. On March 2, 2019, Rogers returned to the facility after a trip home to Connecticut, when VA Police received information that the defendant was in possession of a prohibited item. VA Police responded and after speaking with Rogers, officers removed approximately 20 small baggies from his pocket that were rubber-banded together. Also recovered were four knives with blades over three inches long, an unspent round of ammunition, three used hypodermic needles, and a bag of unused needles.

Subsequent laboratory testing performed by the Drug Enforcement Administration confirmed that the substance contained in the 20 seized baggies was fentanyl.

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and further proceedings are scheduled on August 26, 2019, at 9:00 am.

The criminal complaint is the result of an investigation by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office, under the direction of Special Agent-in-Charge Sean J. Smith, and the Bath Veterans Affairs Police Department, under the direction of Chief Joseph Day. Assistance was also provided by the Steuben County Sheriff’s Office, under the direction of Sheriff James L. Allard, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

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

# # # #

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Scott Wilbert, 43, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to serve 180 months in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that the FBI Child Exploitation Task Force identified Wilbert sending child pornography from his computer web camera to another user of an online chat site. As a result, the New York State Police began to investigate the defendant, who was identified as a registered sex offender from a prior conviction for sexual abuse of a child.

In February 2016, officers executed a search warrant at Wilbert’s residence on Garson Avenue in Rochester and seized a laptop computer and SD cards containing thousands of images and videos of child pornography. A forensic examination of the computer and SD cards recovered sexually explicit photographs of prepubescent children, some as young as toddlers.

The sentencing is the culmination of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in- Charge Gary Loeffert.          

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Cesar Rivera-Figueroa, aka Fat Boy, 28, of San Juan, Puerto Rico, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to engaging in a continuing criminal enterprise. The charge carries mandatory minimum penalty of 20 years in prison, a maximum of life and a $2,000,000 fine.

Assistant U.S. Attorneys Laura Higgins and Wei Xiang, who are handling the case, stated that the defendant was the leader of a drug trafficking organization who coordinated the transport of cocaine from multiple suppliers in Puerto Rico to the Buffalo area. Rivera-Figueroa then directed the distribution of cocaine, which included setting the price of cocaine, directing the collection of debt and the storage of proceeds, and instructing how payment was remitted back to Puerto Rico. The defendant also directed co-defendants to make trips to New York City to retrieve quantities of cocaine to bring back to Buffalo for distribution, and to make payment for the cocaine.

Throughout the course of the conspiracy, several packages containing kilogram-quantities of cocaine were sent from Puerto Rico and were intercepted by the United States Postal Inspection Service.

Cesar Rivera-Figueroa was arrested in September 2017 along with 11 others including: Jenhsen Rodriguez; Daniel Navarro; Virgen Perez-Jurado; Josue Cardona-Soto; Devincio K.D. James; Omar Vazquez-Baez; Luis Andino; Joseph Jones; Quinton Jones; Sucley Romero; and Tori Rockmore. Rivera-Figueroa is the fourth defendant to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for November 8, 2019, before Judge Vilardo.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Alonzo Bolin, a/k/a Peter Vincent, 22, of Greece, NY, who was convicted of making a false statement to the FBI, was sentenced to serve time served (three months) and three years supervised release by U.S. District Judge David G. Larimer. As a condition of supervised release, the judge ordered the defendant to submit to monitoring of his computer usage and online activities. Bolin also forfeited a Mossberg 12-gauge shotgun seized during the investigation along with 39 rounds of ammunition. 

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the FBI began investigating the defendant and others in March 2019 for potential violations of federal civil rights and firearms laws. On March 15, 2019, a Facebook user named “Ragnar Odinson” – who was a member of a Facebook group called “Odin’s Warriors” – made statements on Facebook referencing the mosque attacks that occurred in Christchurch, New Zealand, and indicated that he was willing to “do something” the following week. The defendant was a member of and administrator for the “Odin’s Warriors” Facebook group.  The defendant used Facebook – under the user name “Peter Vincent” – to post messages consistent with white supremacist ideology, statements threatening violence against Muslims and others, and messages containing derogatory terms for Muslims and other minority groups. 

On March 30, 2019, members of the FBI, as part of their investigation, interviewed the defendant. During the interview, Bolin falsely stated that he did not possess any firearms in New York State. At the time of the statement, the defendant knew that he possessed a Mossberg 12-gauge shotgun in his bedroom closet at 34 Third Avenue in Greece. This false statement was material to the FBI’s investigation of possible civil rights and firearms violations by Bolin and others. The FBI recovered the shotgun during a subsequent search of the defendant’s bedroom closet.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dillon T. Boyington, 35, of Gates, NY, who was convicted of attempted online enticement of a minor, was sentenced to serve 120 months in prison and 10 years supervised release by U.S. District Judge Elizabeth A. Wolford. 
 
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that the defendant utilized a social media application in an attempt to meet a 14 year-old child for sex. As he traveled to meet such child on October 24, 2018, Boyington was intercepted by members of the New York State Police. Upon his arrest, the defendant was found to be in possession of condoms and candy, which he intended to give to the child. 

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Blackwell, 35, of Gates, NY, who was convicted of possession of child pornography, was sentenced to serve 48 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Blackwell was discovered actively trading child pornography from an apartment in Gates during an operation conducted by the FBI. Special Agents executed a search warrant at a residence that the defendant occupied during the period in question and seized digital items belonging to Blackwell. A forensic examination determined that the items contained multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors. 

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Aikens, 60, of Clymer, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, lifetime supervised release, and a $250,000 fine.

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

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

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

At the time of his arrest, the Aikens was a 7-12 grade school teacher with the Clymer Central School District.

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Edward Kennedy.

Sentencing is scheduled for October 24, 2019, at 10:30 a.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 a federal jury has convicted Darryl M. Greene, 48, of Buffalo, NY, of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine and two counts of attempt to possess with intent to distribute cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.

Assistant U.S. Attorneys Misha Coulson and Wei Xiang, who handled the trial of the case, stated that on July 27, 2017, the United States Postal Inspection Service (USPIS) executed a search warrant on a suspicious package mailed from San Diego, California. The package was addressed to an associate of the defendant. Inside, inspectors discovered one kilogram of suspected cocaine.

On July 28, 2017, USPIS and the Drug Enforcement Administration conducted a controlled delivery of the package. A package of sham cocaine was delivered to the associate’s Kensington Avenue residence. Within five minutes of the package’s delivery, Greene arrived at the residence and departed with the package. He was arrested a short time later and released.

On August 3, 2017, the USPIS executed a search warrant on another suspicious package from San Diego, California, which was addressed to a recipient identified as “W. Greene” at 1631 Hertel Avenue in Buffalo. The defendant resided at the residence with his mother. The second package contained a ½ kilogram of cocaine, and the defendant was once again arrested.

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

Sentencing is scheduled for November 14, 2019, before U.S. District Judge Lawrence J. Vilardo who presided over the trial of the case.

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Jeriel Slay, 29, of Brooklyn, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to commit wire fraud and aggravated identity theft. The charges carry a maximum penalty of 22 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 14, 2016, the defendant devised a sophisticated scheme to fraudulently obtain the personal identifying information (PII) of multiple victims from the internet. Slay then opened Limited Liability Companies (LLCs) that were named in such a way as to indicate ownership by the victim.

For example, the defendant fraudulently obtained Victim 1’s PII, including name, address, birthdate, social security number, and other information, and then opened an LLC named “Victim 1 Remodeling LLC.” Slay then, unbeknownst to Victim 1, placed a mail hold on Victim 1’s actual address which prevented Victim 1 from obtaining mail that indicated an LLC was opened in his name. The defendant then posed as Victim 1 to open a bank account in the name of the fraudulent LLC. Slay then contacted Victim 1’s legitimate financial institution and transferred money, via a wire transfer, from Victim 1’s legitimate account to the fraudulent LLC bank account. Slay, using device-making equipment, then created fraudulent driver’s licenses, fraudulent utility bills, and other identification documents in the name of Victim 1. Using these fraudulent documents, Slay then ordered a co-conspirator to go to the bank that serviced the fraudulent LLC bank account to withdraw and deplete the funds from the fraudulent account.

The defendant executed this scheme against more than 10 victims, one of whom resides in the Western District of New York. The total loss was $978,793.87.

Slay was charged along with his sister Angela Slay, Michael Wright and Sirr Wright. Michael Wright was also convicted of conspiracy to commit wire fraud and aggravated identity theft, and is awaiting sentencing. Charges remain pending against Angela Slay and Sirr Wright. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for October 18, 2019, at 12:30 p.m. before Judge Arcara.

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Eusebio Chavez-Islas, 58, of Mexico, pleaded guilty before Senior U.S. District Judge William M. Skretny to fraud and misuse of visas, permits, and other documents. The defendant was then sentenced to time served and turned over to the custody of Immigration and Customs Enforcement (ICE). 

Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated that on March 26, 2019, ICE officers received a request for assistance from the Orleans County Sheriff’s Office at 3282 Transit Road in Albion, NY. Once they arrived, ICE officers encountered Chavez-Islas, and determined through record checks that he was a citizen of Mexico, illegally present in the United States.

Subsequent investigation determined that the defendant was working at Nesbitt Brothers, LLC. On April 18, 2019, Homeland Security Investigations (HSI) agents obtained a Form I-9 from Nesbitt Fruit Farms, the owner of Nesbitt Brothers, LLC. The Form I-9 had a photocopy of a fraudulent social security card which was provided by Chavez-Islas for purposes of his employment.

On April 30, 2019, the fraudulent social security card that the defendant used for his employment was seized by agents during the execution of a search warrant at 3282 Transit Road in Albion. The card depicted the name “Eusebio Chavez.”  A check of Social Security Administration records revealed that the social security card that Chavez-Islas possessed contained a valid social security number which was not assigned to the defendant.

The plea and sentencing are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Orleans County Sheriff’s Office, under the direction of Sheriff Randy Bower; and the Social Security Administration, Office of the Inspector General, under the direction of Special Agent-in-Charge John F. Grasso. 

# # # #

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 Nilo Arnaldo Pena Delgado, 32, of Buffalo, NY, with four counts of bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the indictment, on March 19, 2019, the defendant cashed four counterfeit or altered checks at financial institutions in the Western New York area, including:

• a check in the amount of $21,500.05, payable to the defendant, drawn on an ESL Federal Credit Union checking account owned by Victim 1; • a check in the amount of $2,853.20, payable to the defendant, drawn on a Lake Shore Savings Bank checking account owned by Victim 2; • a check in the amount of $3,613.83, payable to the defendant, drawn on a Lake Shore Savings Bank checking account owned by Victim 3; and
• a check in the amount of $2,713.81, payable to the defendant, drawn on a KeyBank checking account owned by Victim 4.
 
Delgado victimized four businesses for a total of $30,680.89.

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

The indictment is the result of an investigation by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin, with assistance from the Genesee County Sheriff’s Office and the Town of Tonawanda Police Department.

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

# # # #

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Kaylen Miller, 22, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to being a user of a controlled substance in possession of firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that on September 25, 2018, law enforcement officers executed a search warrant at 45 Easton Avenue in Buffalo, which was where the defendant resided with his mother. As investigators and officers prepared to execute the search warrant, officers observed a window open and an object was thrown from the rear upper window as the search team made entry. The object thrown from the window was identified as a loaded .357 caliber revolver. Miller, who is wheel-chair bound, was inside the living room, which was a room that led to the bedroom from which the firearm was thrown out of the window. DNA consistent with the defendant Miller was located on the revolver.

During the execution of the search warrant, investigators also recovered quantity of marijuana, $411 cash, a large number of empty glass vials, 17 cellular telephones, and four scales.

Kaylen Miller has a prior arrest for marijuana possession on August 12, 2013, in Amherst, NY. In addition, on December 19, 2018, during a post-arrest interview with investigators, the defendant was asked about the marijuana recovered on September 25, 2018, during the execution of the search warrant at 45 Easton Avenue. Miller admitted that he was and is an unlawful user of marijuana. 

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. 

Sentencing is scheduled for October 17, 2019, at 12:30 p.m. before Judge Arcara.

# # # #

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that William C. Read, 33, of Bath, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to the online enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, a lifetime period of supervised release, and a $250,000 fine. 
 
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Read utilized a social media application in an attempt to meet a nine year-old child for sex.  The defendant was intercepted by members of the New York State Police and Department of Homeland Security on October 1, 2018 while on his way to meet the child. Upon his arrest, Read was found to be in possession of condoms and candy, which he intended to give to the child. The defendant also distributed and possessed images of child pornography from a cell phone in his possession.   

The plea is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for September 20, 2019, 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 Joshua A. Schohn, 29, of Akron, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, in March 2019, the FBI received a call from the mother of two girls (complainant) who stated that she recently discovered child pornography on a laptop computer belonging to her ex­boyfriend, the defendant. In addition, the complainant stated that Schohn took nude videos of her daughters, then eight and six years old (Victim 1 and Victim 2). The defendant was arrested by the New York State Police on charges of assault and possession of a sexual performance by a child.

During the course of the investigation, state and federal investigators determined that Schohn’s laptop contained thousands of images and videos of child pornography. Other videos found on the laptop were sexual in nature and were produced by Schohn during a visit to a water park in Erie, Pennsylvania, in the presence of Victims 1 and 2.

Investigators also learned from the complainant that she discovered YouTube searches relating to getting children ready for baths and nude religious rituals with children. The searches were done by the defendant.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is detained pending a preliminary hearing scheduled for July 3, 2019, at 2:00 p.m. 

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

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Johnson, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, a lifetime period of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that Johnson was arrested in June 2018, after he distributed child pornography to an undercover FBI Agent via the Internet. This prompted law enforcement officers to execute a search warrant at the defendant’s residence in Rochester where they seized his computers. Saved on the computers were approximately 52,372 images and 316 videos of child pornography, including videos and images that depicted the sexual abuse of infants and toddlers.  

The plea is the result of an investigation by members of the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert; the Rochester Police Department, under the direction of Chief LaRon Singletary; and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.

Sentencing is scheduled for October 7, 2019, before Judge Siragusa. 

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Casey Lipps, 26, of North Tonawanda, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to committing contempt of court by impermissibly leaking secret grand jury information. The charge carries a maximum penalty of life in prison.

Assistant U.S. Attorneys Joshua A. Violanti and Brendan T. Cullinane, who are handling the case, stated that in October of 2016, the defendant was chosen to serve as a grand juror on a federal grand jury. However, in violation of an order from the Court to secret any and all matters involving the grand jury, Lipps impermissibly leaked grand jury information to others. In particular, the defendant revealed information to various persons concerning multiple targets of grand jury investigations. In addition, Lipps failed to provide complete information in response to law enforcement’s investigation into his leaking of grand jury information. 

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 October 29, 2019, at 9:30 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Tingling, 39, of Elmira, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to possess with intent to distribute, and to distribute, one kilogram or more of heroin, and possession of a firearm as a convicted felon. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000. 

Assistant U.S. Robert A. Marangola, who is handling the case, stated that the charges stem from an investigation into the sale of heroin in the City of Elmira. On March 1, 2019, a search warrant was executed at a residence in Elmira. During the search, law enforcement officers seized $70,593 in U.S. currency, paraphernalia for the processing, packaging, and distribution of narcotics, approximately 318 grams of heroin, and a loaded .22 caliber handgun. Tingling was located and arrested inside the residence with a female.

The conviction was the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police Community Narcotics Enforcement Team, under the direction of Major Mary Clark; the Chemung County Sheriff’s Office, under the direction of Acting Sheriff William A. Schrom; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Office.

Sentencing is scheduled for October 7, 2019, at 10:15 a.m. Judge Siragusa. 

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Tremaine Giddens, 42, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, and being a felon in possession of ammunition, was sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. to serve 71 months in prison.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that in October 2017, the defendant sold a quantity of cocaine to an individual working with the Drug Enforcement Administration (DEA) in a commercial parking lot at 15 Skillen Street in Buffalo.

On November 9, 2017, a federal search warrant was executed at 15 Skillen Street where investigators recovered a quantity of suspected cocaine, plastic bags, baking powder, and 2 digital scales. In addition, 35 rounds of .44 caliber ammunition was recovered.

On August 29, 2006, Giddens was convicted in Federal Court of possession with intent to distribute, and distribution of, a controlled substance. On January 20, 2000, in Erie County Court, the defendant was convicted of Criminal Possession of a Controlled Substance in the Fifth Degree. As a result of those convictions, Giddens is legally prohibited from possessing ammunition.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shelby Garigen, 41, of Clarence Center, NY, was charged by criminal complaint with receipt of child pornography and access with intent to view child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on May 28, 2019, a parent contacted an Assistant District Attorney (ADA) in Monroe County, NY, and advised that the defendant had inappropriate chats via Snapchat with his 17-year-old son (Victim 1). Garigen had, up until approximately one month prior, served as the athletic trainer for Victim 1’s elite soccer team, and had been associated with the soccer program for approximately the past 12 years. The Monroe County ADA contacted the FBI regarding the case.

The complaint states that Garigen and Victim 1 communicated via Snapchat between November 2018 and February 2019. The conversation turned sexual about a week or two after the defendant and Victim 1 began chatting with Garigen sending Victim 1 a picture of her breasts. After sending the picture, the defendant requested that Victim 1 send a naked picture. Thereafter, the two began exchanging sexually explicit photos of themselves to one another over Snapchat. All told, Garigen requested that Victim 1 send her nude pictures on approximately 8 or 9 occasions, while the defendant herself sent 7 or 8 nude pictures of herself. 

During the investigation, an undercover investigator assumed the online identity of Victim 1, and re-engaged with Garigen on Snapchat. Thereafter, the defendant engaged in sexually explicit conversation and sent videos of her engaged in sexually explicit conduct. Eventually, arrangements were made for Garigen to meet with Victim 1 so that the two could engage sexual activity. On June 14, 2019, Garigen arrived at the designated location in order to pick-up Victim 1 so that they could return to her house to engage in sexual activity. At that time, a federal search warrant was executed to seize and search Garigen’s phone.

The investigation also determined that the defendant exchanged nude pictures with a second 17-year-old male (Victim 2), who was also associated with the elite soccer team.

“While this case is somewhat unusual in that the defendant is a woman,” U.S. Attorney Kennedy observed, “it is familiar in the sense that defendant used two of the most frequent and common methods that child predators use in order to gain access to children. The first is the internet, and the second is occupying a position of authority and trust in the child’s life. Parents should be coaching their kids on how to defend themselves from these sorts predators.”

“The exploitation of children is so prevalent in this country-and around the world-that the FBI and our law enforcement partners have full time task forces to attack this crime problem,” said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “That is a terrible reality. We often remind parents to talk to their children about the dangers of meeting strangers online. But more and more often, we are seeing children victimized by adults who have been placed in positions of trust. And youth-sports programs, like all youth-serving organizations, give adults incredible access to our children.”

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions, including no employment with any youth related sports program, no contact with minors, restrictions on the use of electronic devices, and electronic monitoring. 

Any parent or member of the public who has information related to this case are asked to call the Federal Bureau of Investigation at 716-843-1616.

The complaint is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alexander Seegar, 29, of Darien Center, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to receipt of child pornography. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque who is handling the case, stated that Seegar was sexting 10-12 year old female students at a school in Niagara County, posing as a 16 or 17-year-old boy. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia that he sent them.  The defendant was found in possession of numerous photos containing child pornography.

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, and the Lewiston Police Department, under the direction of Chief Frank Previte.

Sentencing is scheduled for September 19, 2019, at 10:30 a.m. before Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kenneth Hoag, 57, of Dansville, NY, who was convicted of possession with intent to distribute five grams or more of methamphetamine, was sentenced by U.S. District Judge David G. Larimer to serve 12 months in prison. The defendant was also ordered sell the property known as the Bone Yard, in Dansville, NY, which Hoag used and maintained for the purpose of distributing methamphetamine. Proceeds of the sale of the property totaling $108,438.78 was forfeited to the Government.  

Assistant U.S. Attorneys Katelyn M. Hartford Grace M. Carducci, who handled the case, stated that on April 7, 2017, the defendant sold methamphetamine to an individual at The Bone Yard, located on State Highway 36 in Dansville. Additionally, on April 21, 2017, Hoag possessed in his tool chest a quantity of methamphetamine.

Hoag is one of seven defendants charged and convicted in this case.

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Eric Laughton.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dennis Morgan, 59, of Rochester, NY, was arrested and charged by criminal complaint with bank fraud and mail theft. The charges carry a 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 according to the complaint, between July 2018 and the present, multiple complaints of mail theft were reported to law enforcement agencies in the Rochester, NY area, including the United States Postal Inspection Service, and the Rochester, Irondequoit, Gates, Brighton, and East Rochester Police Departments. Many complaints involved personal checks being cashed or attempting to do be cashed, that had been placed into residential mailboxes as outgoing mail to be collected by the U.S. Postal Service. The checks had been altered by changing payees and amounts, and were then presented for payment at banks in the area. Approximately $19,127.00 of stolen and fraudulently altered checks have been identified to date.

Specifically, on January 23, 2019, the Irondequoit Police Department received a complaint from a resident (who recently had a check stolen from his mailbox) who observed a white vehicle suspiciously pulled up by his mailbox. The resident confronted the driver of the vehicle, who replied that he was looking for a “temp agency.” As the driver drove away, the resident noted the driver’s New York State license plate number. Between late February and early March 2019, at least five additional incidents were reported involving the reported theft of mail, each involving a white vehicle.

On April 9, 2019, the Brighton Police Department received a report from a resident who stated that he saw someone take mail from his neighbor's mailbox. The resident noted the license plate and took a picture of the vehicle as it drove away. The license plate was the same plate reported in the January 23, 2019 incident.

Subsequent investigation determined that the vehicle belongs to a woman identified as the girlfriend of Dennis Morgan. Investigators also learned that Morgan was arrested or suspected in at least four other incidents involving stolen mail and forged checks.

On March 14, 2019, the Irondequoit Police Department executed a search warrant the girlfriend’s vehicle, at which time a GPS tracker was deployed on the vehicle.

Between March 20 and March 30, 2019, the Irondequoit Police Department received three complaints from residents who placed envelopes containing checks in their mailboxes for pickup by the United States Postal Service. All three checks were stolen out of the mailboxes. A check of the GPS tracker showed the girlfriend’s vehicle at each of the three residences on the same day the check was placed in the mailbox.

On March 28, 2019, the girlfriend transferred her license plate to a different vehicle. On April 17, 2019 the Irondequoit Police Department executed a search warrant on the new vehicle, and deployed another GPS tracker.

On May 31, 2019, a resident filed a complaint with the Irondequoit Police Department indicating that on May 28, 2019, he placed five envelopes containing checks inside his residential mailbox. The next day, one of the checks was cashed at a local financial institution with both the payee and amount payable altered. A check of the GPS tracker again showed that the girlfriend’s vehicle was in the vicinity of both the residence, and the financial institution, on both May 28 and May 29, 2019.

Between March 14 and June 4, 2019, investigators conducted surveillance of Dennis Morgan. During surveillance, the defendant was observed driving both vehicles registered to his girlfriend. On June 3, 2019, an investigator witnessed Morgan remove mail from a mailbox in Irondequoit, and place it inside of his coat pocket.

“The tremendous work done by our partners in local law enforcement in Irondequoit, Rochester, Brighton, and East Rochester really made this case,” noted U.S. Attorney Kennedy. “I commend each of those local Departments for their outstanding investigative efforts and for the assistance they provided in helping to ensure that the sanctity of the United States mail is preserved.”

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released on conditions, including home detention.

The complaint is the result of an investigation by the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo; the Rochester Police Department, under the direction of Chief LaRon Singletary; the Brighton Police Department, under the direction of Chief Mark T. Henderson; the East Rochester Police Department, under the direction of Chief Steve Clancy; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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. - James P. Kennedy, Jr. today that announced today that Sean McIndoo, who was convicted of RICO conspiracy, was sentenced to serve 41 months in prison by U.S. District Court Judge Elizabeth A. Wolford. 

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that the defendant was a member of the Kingsmen Motorcycle Club (KMC), a criminal organization which engaged in such crimes as distribution of controlled substances, maintaining premises for use and distribution of controlled substances, possession, use and sale of firearms, sales of untaxed cigarettes, and promoting prostitution. The KMC sought to preserve and protect their power, territory, and reputation through intimidation, violence, threats of violence, assaults, attempted murder and murders, and was involved in placing victims, potential victims, potential witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence.  The defendant admitted that he possessed a firearm in furtherance of a drug trafficking crime.

McIndoo also admitted that on August 3, 2013, the defendant and other KMC members conducted a drive-by shooting targeting former KMC Springville Chapter members. On that date, the defendant and the other KMC members, from a van, fired a weapon twice; one bullet struck a vehicle parked near one of the targeted victims.

A total of 20 defendants were charged and convicted in this case, including KMC National President David Pirk and Andre Jenkins, who were each sentenced to serve multiple terms of life in prison.

Today’s sentencing is the culmination of an investigation led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; Homeland Security Investigations; the North Tonawanda Police Department; the Niagara County Sheriff’s Office; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and, the Hamburg Police Department. 

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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 Presiliano Garcia, 33, who was convicted of misprision of a felony, was sentenced to three years probation by U.S. District Judge Elizabeth A. Wolford. 

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between 2012 and March, 2016, the defendant, while working as a personal banker at Bank of America, opened approximately 36 bank accounts that were utilized by co-defendants Jose Manuel Lua-Guizar, Gerardo Ballardo, Enrique Munoz, Max Riestra, Bryant Hudson, and others, to structure deposits to funnel money from places around the United States, including Buffalo, to accounts based in California. A total of $8,359,223, composed of approximately 1,092 cash-in deposits, mostly structured between $8,000 and $9,990 and made in 15 different states, were funneled into these accounts opened by Garcia.

Approximately 205 suspect customers were identified by Bank of America as potentially linked to the defendant. Many of the suspect customers had similar naming conventions or even the same name with slight variations in spelling, last name orientation, date of birth, social security number, or domicile. Garcia knew that a structuring felony was being committed by these individuals but did not file any suspicious activity reports relating to these transactions or notify federal law enforcement of the structuring activity in order to conceal the activities of the co-defendants.

Garcia is one of seven defendants involved in an illegal narcotics operation stretching from Sinaloa, Mexico to Western New York. Law enforcement officers began investigating a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of Los Angeles, California area in 2014. The organization shipped drug packages to various states including New York, New Jersey, Illinois, and Colorado.

To date, all seven defendants have been convicted in this case. Six of the seven defendants, including Presiliano Garcia, have been sentenced, with sentences ranging from 216 months to 33 months.

Today’s sentencing is the culmination of an investigation on the part of 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. Larsen, Special Agent- in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California, and Bank of America.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Pachetti, 35, of Eustis, Florida, who was convicted of transportation of obscene material in commerce, was sentenced to four years probation, to include one year home detention, by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in November 2016, the defendant, living in Niagara Falls, NY, distributed obscene images to an undercover FBI agent via a peer to peer network. Investigators executed a search warrant at Pachetti’s apartment and seized various electronics. Subsequent forensic examination revealed thousands of images of child pornography and child erotica.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gary Drago, 59, of Amherst, NY, who was convicted of witness tampering and failure to file an income tax return, was sentenced by U.S. District Judge Lawrence J. Vilardo to serve 47 months in prison. The defendant was also ordered to pay $129,793 in restitution to the victim and $19,007 restitution to the Internal Revenue Service.

Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that on May 19, 2017, the Federal Bureau of Investigation received information from an individual (Victim) regarding threats, theft, and extortionate acts that the defendant made against the Victim and the Victim’s business, a medical practice. The Victim also advised the FBI that he had a meeting with the Amherst Police Department regarding these crimes the very next day. The FBI advised the Victim to meet with the Amherst Police Department. The Victim was going to meet with the Amherst Police and the FBI to tell them about how Drago previously extorted money from the Victim’s business by using threats of physical harm and threats to ruin the Victim’s reputation.

However, an employee of the Victim overheard the conversation with the FBI, and notified the defendant. Drago then arrived at the Victim’s place of business, and told the Victim’s patients that the Victim was done seeing patients that day. Drago then then physically took the Victim from his place of business and placed the Victim in his car.  Once in the car, the defendant threatened the Victim with a pistol, and slapped the Victim, telling the Victim that he heard the Victim was talking with law enforcement. Drago continued to ask the Victim who he spoke to from law enforcement, and what the Victim told them. The Victim told the defendant that he spoke to the FBI and was going to meet with the Amherst Police the next day. While continuing to threaten the Victim, the defendant told the Victim to call the FBI and tell them that everything was okay, which the Victim did. Drago then let the Victim go home.

Later that same night, the defendant repeatedly called the Victim and left messages on his voice mail threatening the Victim, and reminding the Victim not to cooperate with the FBI, or go to the meeting with the Amherst Police the next day.

Between 2013 and May 20, 2017, the defendant worked at medical business located in Williamsville, NY. During that time, Drago entered into a contract for employment with the Victim/owner and was paid a salary through the payroll. However, the defendant eventually started taking additional money from the business in the form of cash, without providing any employment service in return. When confronted by the Victim about the money, Drago would threaten force or physical harm. Specifically, the defendant took a total of $129,792 without rendering employment services. When confronted by the Victim, Drago would berate and threaten physical harm or damage to the Victim’s reputation. As a result, the Victim was fearful, and was prevented from stopping the defendant from taking the unearned money.

In addition, during the course of his employment with the Victim, Drago received recordable income. Some of this income was derived from the defendant’s threats to the Victim, and was paid by the Victim to the defendant as extortion money. The defendant received this income through payroll check payments from the victim’s business, as well as cash payments from the Victim. However, Drago failed to file federal income tax returns. For the tax years 2013 through 2016, the defendant received $294,043 in income, resulting in a loss to the Internal Revenue service of $19,007.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Amherst Police Department, under the direction of Chief John Askey; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Office, under the direction of Timothy Howard; and the Erie County District Attorney’s Office, under the direction of John Flynn. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Velasquez, 25, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to conspiracy to distribute over 40 grams of fentanyl. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant conspired with others to distribute quantities of heroin throughout the Western District of New York. 

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

Sentencing is scheduled for September 5, 2019, at 11:00 p.m. before Judge Larimer.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 34 count indictment charging nine defendants with conspiracy to possess with intent to distribute, and distribution of, 28 grams or more of cocaine base and marijuana, and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine.
 
Named in the indictment are:

• John Sanders, Jr.; • Lamario Mills, aka Rio; • Charles Washington; • Brandon Washington, aka Goldie; • Jason Jackson, aka Piff; • Carl Phillips, Jr., aka Bama; • Duane Pitts; • Vernon James; and
• Kacene Brathwaite

Some of the defendants face additional charges of possession with intent to distribute, and distribution of cocaine, crack cocaine, marijuana, and butyryl fentanyl.
  
Assistant U.S. Attorneys Jeremiah E. Lenihan and Joshua A. Violanti, who are handling the case, stated that according to the indictment, between August 2018 and June 2019, the defendants conspired to sell cocaine and marijuana. The defendants used the residences at 67 Townsend and 76 Townsend Street in Buffalo to manufacture, store, and distribute the cocaine and marijuana.

Investigators executed search warrants at 57 Townsend Street, 67 Townsend Street, and 76 Townsend Street, and recovered quantities of cocaine and marijuana, and U.S. currency. A search warrant was also executed at Lamario Mills’s residence at the Delaware Park Apartments where a significant quantity of cocaine and marijuana was also recovered.

“These residences on Townsend Street had been the source of frequent citizen complaints,” noted U.S. Attorney Kennedy. “Today’s arrests show that those of us working in law enforcement at every level—federal, state, and local—are sensitive to the concerns of the citizens we serve. We endeavor each day to be responsive to our citizens and remain committed to working together to improve the quality of life across our community.”

The defendants were arraigned this afternoon before U.S Magistrate Jeremiah J. McCarthy and are being held pending detention hearings.
 
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; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major Edward Kennedy; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; and the Erie County Crime Analysis Center.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Tywon Stephenson, 29, of Niagara Falls, NY, with possession with intent to distribute crack cocaine and marijuana; maintaining a drug-involved premises; possession of an unregistered short-barrel shotgun; and possession of firearms in furtherance of drug trafficking crimes. The firearms charge carries a mandatory minimum penalty of 10 years in prison, which would be imposed consecutive to the maximum possible penalty of 20 years the defendant faces on the drug charges.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment, on April 24, 2017, Niagara Falls Police Officers and ATF Special Agents executed a search warrant of the defendant’s residence on 17th Street in Niagara Falls. They recovered a 12 gauge sawed-off shotgun, loaded with six bullets; a 9mm semiautomatic handgun; plastic containers commonly used for packaging of narcotics; a scale; and a bag of suspected marijuana.

The defendant was arraigned before U.S. Magistrate Judge Michael J. Roemer and detained. 

The indictment is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito. 

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

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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 Carmelo Collana, 49, of Kenmore, NY, and Debbie Seright, 52, of Niagara Falls, NY, who were each convicted of conspiracy to commit wire fraud for their roles in a debt collection scheme, were sentenced by U.S. District Judge Richard J. Arcara to serve 12 months and 24 months in prison respectively.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that between January 2014 and February 2017, Collana and Seright conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa.  Specifically, defendant Collana helped facilitate Ciffa’s debt collection scheme, by opening various corporations and bank accounts which were used to process and transfer victim payments brought in by debt collection agencies operating under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services and Elite Services.  In addition, Collana maintained an account with TLO, an online commercial database, which was used to gather personal information as to individuals, such as address, employer, and date of birth. The defendant provided employees of the debt collection agencies with access to TLO, in order to assist the employees in contacting and collecting from the individuals to whom they placed calls. Collana also at times provided debt files to employees of the various debt collection agencies.

Seright played a management role within Ciffa’s debt collection scheme, in that she oversaw a group of employees who placed fraudulent telephone calls in an attempt to collect money to individuals throughout the United States.  The employees utilized fraudulent tactics, including false threats of arrest, false claims that the callers/collectors were attorneys, and false claims as to criminal charges pending against the “debtors.” The defendant and employees also routinely collected on debts which they knew had already been satisfied, and collected money from "debtors" that were characterized as “easy targets” from whom they had already collected payment.  "Debtors" were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments.

Between July 2015 and December 2016, the section of the debt collection operation in which Seright participated collected approximately $1,154,213.

Between February 2015 and December 2016, approximately $788,961 from fraudulent collection activities was deposited into bank accounts opened and used by defendant Collana to funnel fraud proceeds back to Ciffa and his debt collection scheme. 

Collana and Seright were charged along with four other codefendants. To date, all six defendants charged, including Joseph Ciffa, have been convicted. Ciffa is awaiting sentencing.

The sentencings are the result of an investigation by Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office; and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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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 Nicole Dibba, a/k/a Nicole Fountain, 32, of Marietta, Georgia, was arrested and charged by criminal complaint with conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison.  

Assistant U.S. Attorney Russell T. Ippolito, who is handling the case, stated that according to the complaint, in May 2018, Victim 1 began communicating online, via Instagram, with a person purporting to be Richard Edvin. Edvin is an identity used by an unknown member of the conspiracy to engage in romantic and intimate online and telephonic relationships with potential victims. After the initial online contact via Instagram, Edvin communicated with Victim 1 via text messages and phone calls. The relationship eventually became intense with the two communicating on an almost daily basis between May and November 2018. Edvin created a false background story for himself in order to manipulate Victim 1 and to gain Victim 1’s trust. He told Victim 1 that he was located in Oregon but that he was going to be traveling out of the country for approximately two months to bring an oil rig off the coast of China back online.

In a further attempt to gain the trust of Victim 1, while purportedly on the oil rig, Edvin gave Victim 1 online access to a Suisse Bank account and had Victim 1 move money around from this account. Victim 1 did access the bank account and moved money as directed by Edvin. Since the account contained a substantial amount of money, Victim 1 was led to believe that Edvin and Victim 1 shared a relationship of mutual trust.

Edvin explained to Victim 1 that he wanted to meet Victim1 but that he was unable to travel until the oil rig was up and running. Edvin further told Victim 1 that the oil rig had expensive repair issues that required immediate attention. Edvin began asking Victim 1 for money to assist him with purchasing equipment to fix the oil rig.  Edvin assured Victim 1 that he would repay Victim 1 upon his return to the United States.
On December 27, 2017, the defendant Nicole Dibba, aka Nicole Fountain, opened a bank account at SunTrust Bank in the name of Stoich Investments, LLC. The defendant was the only authorized signatory on the account. On June 19, 2018, Victim 1, at the direction of Edvin, wire transferred $40,000 from Victim 1’s account at M&T Bank in the state of New York to the bank account controlled by defendant at SunTrust Bank.  Between December 27, 2017, and November 30, 2018, more than $723,000 was deposited into the SunTrust Bank account. The investigation has determined that the vast majority of the deposits were from individuals, or entities associated with individuals, who were the victims of a romance fraud scheme or other similar schemes to defraud. The defendant has withdrawn in excess of $232,000 in cash from that account.

In addition to the $40,000 wire to Stoich Investments, LLC, Victim 1, again at the direction of Edvin, also conducted six additional wire transfers totaling $176,500 to accounts at Bank of America and Wells Fargo, both located in Georgia, and four accounts at First City Bank, located in Nigeria.

In total, Victim 1 sent seven wire transfers between June 6 and August 29, 2018, totaling $216,500. In addition to the seven wire transfers, between June 6 and November 13, 2018, Edvin persuaded and directed Victim 1 to send funds and goods such as iTunes gift cards, a computer, speakers, headphones, and an Apple watch, all valued at more than $34,000, to members of the conspiracy.    The total loss to Victim 1 was more than $250,000.

“This sort of online deception destroys not only victim’s hearts but their wallets,” noted U.S. Attorney Kennedy. “In our increasingly screen-addicted world, I see these sorts of scams proliferating in the future. People need to recognize that in the virtual world things are not always as they appear. A good rule of thumb to begin with might simply be to insist on meeting someone in-person before you agree to give that person your money—or your heart.”

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

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

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

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