Western District of New York

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Paul, 65, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to distribution of crack cocaine. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on May 10, 2017, the defendant agreed to sell crack cocaine to an undercover (UC) police officer. The UC telephoned Paul who instructed the UC where to meet for the purpose of buying crack cocaine. Paul met the UC at an address he provided on Weiss Street in Buffalo. The defendant subsequently had the UC follow him to a location on Thatcher Street. Paul entered the Thatcher Street location and returned with crack cocaine. The UC subsequently gave the defendant cash, and the defendant provided the UC with approximately 3.32 grams of crack cocaine.

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

Sentencing is scheduled for October 16, 2019, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Rico Freeman, 35, of Niagara Falls, NY, who was convicted of conspiracy to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine, was sentenced to serve 15 years in prison and 10 years of supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Meghan A. Tokash and Joseph M. Tripi, who handled the case, stated that between May 2016 and June 2017, the defendant conspired with others to operate a high-traffic and extremely profitable cocaine and crack cocaine distribution network in Western New York.

Freeman obtained quantities of cocaine and crack cocaine from a local source of supply during the course of this conspiracy. The defendant would then sell the cocaine and crack cocaine directly to customers, or have other co-defendants conduct sales on his behalf.

On May 24, 2017, federal agents executed a search warrant on Freeman's apartment on Main Street in Niagara Falls and seized drug scales and packaging. Residue collected from the scales tested positive for cocaine.

The defendant was arrested along with co-defendants Ramone Westbrook, Corey Bradberry, and Darius Dix, aka Darius Jenkins, who were all previously convicted.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Jonathan D. Larson, New York Field Office; the Niagara County Drug Task Force and Sheriff’s Department, under the direction of Sheriff James Voutour; the Lockport Police Department, under the direction of Chief Stephen Preisch; the Niagara Falls Police Department, under the direction of Bryan DalPorto; and the Niagara County District Attorney’s Office, under the direction of Caroline A. Wojtaszek.

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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 Giovani Ramirez-Soto, 27, a citizen of Mexico, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiracy to possession with intent to distribute, and to distribute, one kilogram or more of heroin. Soto also pled guilty to being a removed alien unlawfully found in United States. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that beginning sometime in 2018 and continuing until July 26, 2018, the defendant conspired with co-defendant Humberto Martinez-Vega to sell heroin.

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

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

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

Charges remain pending against Humberto Martinez-Vega. 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 New York State Police, under the direction of Major Edward Kennedy, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for September 25, 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 Matthew A. Urquhart, 32, of Seneca Falls, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of child pornography. The charge carries a maximum penalty of 20 years in prison, a lifetime term of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that FBI Special Agents identified the defendant actively trading child pornography from a trailer residence in Seneca Falls. Subsequently, agents, with assistance from the Seneca Falls Police Department and Seneca County Sheriff’s Office, searched two residences that Urquhart occupied during the period in question. Digital items belonging to Urquhart were seized. A forensic analysis determined that the defendant possessed multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors. 

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 Seneca Falls Police Department, under the direction of Chief Stuart W. Peenstra, and the Seneca County Sheriff’s Office, under the direction of Sheriff W. Timothy Luce. 

Sentencing is scheduled for September 18, 2019, before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Raul Everado Ledesma Abarca, 36, of San Diego, California of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, possession with intent to distribute five kilograms or more of cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.   

Assistant U.S. Attorneys Michael J. Adler and Jeremiah E. Lenihan, who are handling the prosecution of the case, stated that between September 2014 and September 2016, the defendant, along with co-defendant Armando Ernesto Abarca and others, conspired to possess and distribute cocaine. The defendants rented a storage unit in Amherst, NY, to store the cocaine. The unit was rented on the same day that a 104 kilogram shipment of cocaine arrived in Buffalo. A total of 43 kilograms of cocaine were discovered after the unit was purchased at an auction due to delinquent rent payments. The fingerprints of both the defendant and Armando Abarca were discovered on items in the unit. 

Prior to the discovery of the cocaine in Amherst, the Abarcas were investigated for cocaine trafficking in Ohio. The Government presented evidence at trial of the seizure of 55 kilograms of cocaine in Dayton, OH, in a vehicle registered to a Buffalo, NY address. Approximately half of the 55 kilograms was intended for the defendant’s distribution operation based out of Columbus, OH. 

Armando Ernesto Abarca, 22, of Modesto, California, was previously convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, and sentenced to serve 168 months in prison.

The verdict 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; the Internal Revenue Service, Criminal Investigations Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; and the Amherst Police Department, under the direction of Chief John Askey. Additional assistance was provided by ICE-HSI in Los Angeles, California; DEA in Columbus, OH; and DEA in Dayton, OH. 

Sentencing is scheduled for October 21, 2019, before U.S. District Judge Elizabeth A. Wolford, who presided over the trial.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Wright, 56, of New York, 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 minimum penalty of two years in prison, a maximum of 22 years, and a $500,000 fine.

Assistant U.S. Attorneys Jonathan P. Cantil and Stephanie Lamarque, who are handling the case, stated that December 2016 and September 2018, the defendant conspired with Jeriel Slay, Angela Slay, Sirr Wright, and others to defraud multiple victims. As a part of their scheme, Jeriel and Angela Slay, who are siblings, stole the identities of unsuspecting individuals and created fictitious Limited Liability Companies (LLCs), with company names indicating ownership by the victims. The defendants then opened bank accounts under the names of the LLCs and fraudulently transferred money from a victim’s actual bank account to the LLC bank account.  

For example, Jeriel Slay fraudulently obtained Victim 1’s name, address, birthdate, social security number, and other information, and then opened an LLC, and a bank account in the name of the fraudulent LLC. Jeriel Slay then contacted Victim 1’s legitimate financial institution and transferred money from Victim 1’s legitimate account via wire transfer to the fraudulent LLC bank account. Jeriel Slay, using device-making equipment, then created fraudulent driver’s licenses, fraudulent utility bills, and other identification documents in the name of Victim 1. The fraudulent driver’s license had Victim 1’s information but Michael Wright’s, image on the card. Using these fraudulent identification documents, Wright went to the bank that serviced the fraudulent LLC bank account and withdrew the funds from that fraudulent account. Wright executed this scheme against approximately 10 victims, one of whom resides in the Western District of New York. The financial loss totaled $161,100.

Charges remain pending against co-defendants Jeriel Slay, 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, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for October 10, 2019, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Demetrius Jackson, 43, of Rochester, NY, pleaded guilty today before U.S. District Judge Charles J. Siragusa to possession with intent to distribute cocaine, and possession of a firearm and ammunition by a convicted felon. The charges carry a maximum penalty of 20 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that Jackson was arrested after police officers served a court-authorized search warrant at his residence on Wadsworth Street in Rochester, and found controlled substances and a loaded firearm. 

While searching the location, police officers found a green container with 10 small zip-lock bags of cocaine in a bedroom which Jackson later admitted belonged to him.  In the same bedroom, secreted in a crawl space, officers found a Taurus .45 caliber semiautomatic handgun which was loaded with 11 rounds of ammunition. In the living room, officers found a black container with additional quantities of cocaine, heroin and marijuana.  A digital scale, typically used to weigh drugs for distribution, was located on a kitchen counter.

Jackson spoke with officers after he was arrested and admitted he was selling cocaine through a window in the residence. He said he had been selling cocaine for several weeks to earn money and acquired the handgun by exchanging cocaine for it.

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

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

Sentencing is scheduled for October 1, 2019, at 10:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Broadus, 33, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, fentanyl, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on February 11, 2018, an individual working for the Drug Enforcement Administration arranged to purchase five grams of fentanyl from the defendant. The following day, the individual met up with Broadus in the parking lot of a retail store on Jefferson Avenue in Buffalo. The two exchanged $420 for the five grams of fentanyl. In addition, the defendant also sold another five grams of fentanyl to a separate individual working with the DEA on January 29, 2018.

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 Office.

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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 Marquee Hicks, 22, of Philadelphia, PA, who was convicted of possession with intent to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and robbery affecting interstate commerce, was sentenced to serve 140 months in prison by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on November 5, 2016, Hicks went to the Royal Crown Pawn Shop on Dewey Avenue in Rochester. The defendant entered the store and asked to see some jewelry in a display case.  When the owner opened the case, Hicks pointed a handgun at the owner, and robbed the store along with other individuals. During the robbery, the store owner’s mouth and legs were covered and bound with duct tape. After removing property from the store, the defendant and other assailants left. 

On March 9, 2017, Hicks was a passenger in a vehicle that was pulled over for a traffic stop by Elmira Police Officers. While an officer was speaking to the driver at the rear of the vehicle, another officer continued to watch Hicks, who was still in the car. That officer witnessed the defendant remove two baggies of cocaine from his pockets and put them on the car floor. The officers then opened the passenger door to arrest Hicks, and a brief struggle ensued. During the struggle, officers removed a loaded .40 caliber handgun from Hicks’ waistband. 

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Elmira Police Department, under the direction of Chief Joseph Kane.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a two-count indictment charging Karen Owens, 54, of Phelps, NY, with wire fraud and bank fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. According to the indictment, during that time period, Owens embezzled over $750,000 in funds from FLC’s bank account by writing approximately 550 unauthorized checks to herself and to pay off her and her husband’s personal credit cards.  The defendant, who was responsible for maintaining FLC’s accounting records, would conceal the unauthorized checks by falsely recording them in FLC’s QuickBooks ledger as payments to FLC’s vendors for legitimate business expenses. 

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 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 Matthew Johnson, 28, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribute, 28 grams or more of crack cocaine. The charge carries a maximum penalty of 25 years behind bars and a $5,000,000 fine.

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

As part of his plea, the defendant admitted to killing Terrell Taylor on December 14, 2014, as he was walking in the area of Brinkman Avenue and Rohe Street in Buffalo. Johnson mistakenly believed that Taylor was a member of a rival gang, when in fact he was not.

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

Sentencing is scheduled for September 19, 2019, at 2:00 p.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leon R. Williams, 39, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute heroin, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine. 

Assistant U.S. Attorneys Laura A. Higgins, Jeremiah E. Lenihan, and Joshua A. Violanti, who are handling the case, stated that between October 17 and November 22, 2017, the defendant sold heroin on five separate dates to an individual working with investigators.

On November 29, 2017, a New York State search warrant was executed at the Williams’ Texas Street residence in Buffalo. Investigators recovered heroin and cocaine, scales, razor blades, cutting agents, and $73,743 in U.S. currency, which was concealed inside of a vacuum cleaner, a backpack, and within a drop ceiling between two bedrooms. In addition, a Glock, .40 caliber firearm was recovered along with a magazine containing 10 rounds of ammunition loaded within the firearm.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Niagara County Drug Task Force, under the direction of Niagara County Sheriff James Voutour.

Sentencing is scheduled for October 24, 2019, before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Randy Colucci, 34, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in April 2017, a Homeland Security Investigations Special Agent, working undercover, discovered multiple files containing videos and images of child pornography being shared on a peer to peer website. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files related to one utilized by the defendant, which led to the execution of a search warrant at his residence. Digital media recovered from Colucci in June 2017 contained child pornography, including children under the age of 10, and images of children involved in violent sexual assaults.
 
The defendant is on New York State parole for a 2011 manslaughter conviction, involving the death of his two-year-old daughter.
 
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
 
Sentencing is scheduled for September 16, 2019, at 1:00 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tyler Taylor, 28, of Rochester, NY, pleaded guilty to possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 35 years in prison and a $2,000,000 fine.

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

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

The plea is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Sheriff Todd Baxter, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

Sentencing is scheduled for September 4, 2019, at 3:00 p.m. before Judge Larimer.

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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 Daiquan Hill, 25, of Rochester, NY, pleaded guilty to conspiracy to distribute heroin, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for September 5, 2019, at 10:00 a.m. before Judge Larimer. 

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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 Giovanni Deleon, 27, of Rochester, NY, pleaded guilty to conspiracy to distribute 400 grams or more of fentanyl, before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between August 2018 and December 2018, the defendant conspired to distribute fentanyl.  In furtherance of the conspiracy, Deleon distributed quantities of fentanyl to customers and assisted in obtaining quantities of fentanyl to be distributed in the Western District of New York. 

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; the Rochester Police Department, under the direction of Chief La’Ron Singletary; U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for September 18, 2019, at 2:00 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 an indictment charging Shane Guay, 28, of Olean, NY, with receipt and production of child pornography, and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.

Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated according to the indictment, in November 2016, the Ayer and Shirley, Massachusetts Police Departments received reports that approximately fifteen 6th grade females attending the Ayer/Shirley Middle School had received unsolicited messages of a sexual nature from a male only known as “George” on the social media application Instagram. According to incident reports obtained from both the Ayer and Shirley Police Departments “George” attempted to solicit sexually explicit images from the minor victims. To some of the minor females, “George” at first alleged to be a lesbian minor female, and sent topless images of a minor female to the victims before sending graphic photos of a male to the minor females. Investigators traced the Instagram account of “George” to the defendant. Subsequently, the New York State Police (NYSP) received all of the case materials from the Ayer/Shirley, Massachusetts investigation.

On April 17, 2018 Homeland Security Investigations (HSI) Buffalo received an investigative lead from the Harris County, Georgia Sheriff's Office, which identified two 12-year-old females from Harris County, GA, who reported receiving unsolicited pictures and videos of a naked adult male from two Instagram users. Both Instagram accounts were traced to Guay.

On June 5, 2018, the NYSP and HSI Buffalo executed a state search warrant at the defendant’s North Street residence in Olean. Investigators seized 26 items of electronic evidence seized, including two cellular telephones, which contained multiple sexually explicit images. In total, 154 image files and five video files containing suspected child pornography were located on the seized devices. The investigation also determined that Guay sent sexual messages a minor female in Cape Town, South Africa.

The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroder. 

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

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

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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 Chojnacki, 26, of Cheektowaga, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine. 

Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated according to the indictment, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant, a New York State Corrections Officer. 

On May 9, 2019, a federal search warrant was executed at Chojnacki’s Louis Street residence. Investigators seized various computers, electronic devices, and electronic media. After a preliminary review, 8,500 images and 200 videos of suspected child pornography have been identified.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and will be released on home detention.

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

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

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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 Kelsey A. Mulvey, 27, of Grand Island, NY, was charged by criminal complaint with illegally obtaining controlled substances by fraud, tampering, and violation of the Health Insurance Portability and Accountability Act (HIPAA). The charges carry a maximum penalty of 10 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, the defendant, a former nurse at Roswell Park Comprehensive Cancer Center, used her position as a nurse to tamper with and steal vials of medication and pills, such as hydromorphone (Dilaudid), methadone, and oxycodone, all Schedule II controlled substances, and lorazepam, a Schedule IV controlled substance. Mulvey took the vials of medication from the Pyxis machine, an automated medication dispensing system. As a nurse, the defendant had access to the Pyxis system.

Mulvey was placed on administrative leave on June 28, 2018, after a large number of transactions associated with the defendant in the Pyxis system were identified as “cancelled removed,” indicating that the Pyxis machine drawer for the selected medication was accessed but the transactions were cancelled. The complaint states that Roswell Park inferred that Mulvey had removed and replaced controlled substances with water from the Pyxis machines. Many of these transactions took place on floors and/or wings where the defendant was not assigned and did not have patients. Mulvey accessed the Pyxis machines during her scheduled shifts, on days she was not scheduled to work, and on three dates of scheduled vacation. Between February and June 2018, the defendant is accused of failing to properly administer medication for 81 patients.

In June and July 2018, there was a span of waterborne infections at Roswell Park. The complaint states that six patients allegedly became infected as a result of the defendant replacing medications with contaminated water.

The defendant resigned her position in Lieu of Termination on July 13, 2018.

“Once again, this case illustrates the destructive power of opioid addiction,” noted U.S. Attorney Kennedy. “In this case, however, the harm caused by defendant’s actions resulted not only in harm to herself but in harm to some of the most compromised and vulnerable individuals in our community—those members of our community receiving cancer treatments. If we fail to take action to protect the most vulnerable among us, then we fail as a government.”

“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said Special Agent-in-Charge Jeffrey J. Ebersole, FDA Office of Criminal Investigations, New York Field Office. “As part of the FDA’s comprehensive work to address the opioid epidemic, we will continue to hold medical personnel accountable when they take advantage of their unique position and tamper with drugs needed by their patients, especially when such tampering could cause unnecessary pain and suffering.”

“This is not the first time we have investigated and charged a healthcare professional who suffers from addiction,” said FBI Buffalo Special-Agent-in-Charge Gary Loeffert. “Accessibility to these highly sought-after drugs makes it easier for medical professionals to feed their addiction. Ms. Mulvey's actions not only put her own health at risk, but also the wellbeing of dozens of patients.”

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy.

The complaint is the culmination of an investigation by the Food and Drug Administration, Office of Criminal Investigations, under the direction of Special Agent in Charge Jeffrey Ebersole; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Department of Education, Office of Professional Discipline; and the New York State Attorney General’s Office, under the direction of Attorney General Letitia James.

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 Zakiel Fields, Jr., 24, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, and failure to appear after pre-trial release, was sentenced to serve 135 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Emmanuel Ulubiyo, Patricia Astorga, and Paul Parisi, who handled the case, stated that between March and November 6, 2017, the defendant conspired with others to distribute methamphetamine in the Jamestown area. On July 17 and September 21 2017, Fields sold methamphetamine to an individual working with the Drug Enforcement Administration.

On November 6, 2017, investigators spotted the defendant and co-defendant Ernest Cauley, Jr. enter a residence on E. Summit Avenue in Lakewood, NY. A short time later, Fields and Cauley left the residence with Fields holding a white U.S. Postal Service Priority shipping box. After meeting up with another vehicle in the parking lot of a fast food restaurant, the two vehicles drove off but were quickly stopped by law enforcement officers and searched. Officers removed a brown fast food bag from one of the vehicles, which contained a black vacuum sealed bag which had already been torn open. The bag contained suspected methamphetamine. Officers also opened the U.S. Postal Service priority shipping box, which also contained suspected methamphetamine.

Fields was arrested, charged, and released on conditions, including electronic monitoring. On March 2, 2018, a United States Probation officer received a tamper alert relating to the defendant’s electronic monitoring device. Fields had cut off his ankle monitor and left it in the residence. The defendant and co-defendant Cauley were indicted and scheduled for an arraignment on the indictment on April 5, 2018, but Fields failed to appear until he was arrested on unrelated charges in California on July 13, 2018, and brought to appear in the Western District of New York on August 1, 2018.

Fields was charged along with 14 other defendants. He is the third 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 sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Mack, aka Dean, aka Dean-O, 27, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute, and possess with intent to distribute, heroin, cocaine, and crack cocaine, was sentenced to serve 72 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.

Between 2010 and August 28, 2018, the defendant conspired with several gang members and associates to distribute illegal narcotics and commit assault. Specifically:

• On April 7, 2013, Mack and co-defendant Michael Walker possessed marijuana in a vehicle in Cheektowaga, NY; • On June 19, 2014, Mack and co-defendant Shawn Woods were in a vehicle at Swan and Hickory Streets in Buffalo, when they were stopped by the police. Mack was in possession of two plastic bags of crack cocaine; • On October 2, 2014, Mack and co-defendant Shawn Woods were in a vehicle on Spring Street in Buffalo, and were once again stopped by police. When Mack and Woods were placed in the back of a police vehicle, they dropped a bag containing cocaine on the floor of the police car; • On March 5, 2017, Mack was a passenger in a vehicle that was stopped by police. The defendant fled from the vehicle and threw a loaded 9mm pistol; and
• Between 2015 and 2016, Mack sold heroin to individuals in the Towne Gardens.
 
Mack was one of 13 defendants indicted in August 2018. Acts of violence allegedly committed by fellow gang members include two murders. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

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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 Jermelle Cotton, 38, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 97 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 March 30, 2018, after law enforcement officers executed search warrants at two homes in Rochester associated with Cotton – 118 Northview Terrace and 466 Post Avenue. During the search at 118 Northview Terrace, officers recovered approximately 103 envelopes of fentanyl, 35 baggies of cocaine, a 9mm handgun and ammunition, and approximately $6,755. At the Post Avenue residence, officers found another firearm and an additional quantity of narcotics, including approximately 76 baggies of cocaine, 150 envelopes of fentanyl, and 148 bags of heroin.

The sentencing is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Sheriff Todd K. Baxter, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Williams, 40, of Batavia, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison. 

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that late in the evening on July 19, 2017, Genesee County Sheriffs Drug Task Force Officers observed the defendant operating a vehicle. An investigator initiated a traffic stop after confirming that Williams had an active warrant for his arrest. The defendant exited the vehicle and was arrested without incident.  

During an inventory search of the vehicle, officers found a black nylon bag on the front passenger seat, which contained a handgun loaded with ammunition, as well as two small plastic bags containing suspected cocaine concealed in a cigarette box. Laboratory analysis determined that William’s DNA matched DNA found on the firearm. On July 20, 2010, the defendant was convicted of Criminal Possession of a Controlled Substance in the 5th Degree, in New York State Court, and was sentenced to serve two-and-a-half years in prison. As a result, Williams is legally prohibited from possessing a firearm.

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 August 29, 2019, at 12:30 p.m. before Judge Arcara. 

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Logan Nedo, 33, of Irondequoit, NY, was arrested and charged by criminal complaint with producing and possessing child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum 50 years, along with a lifetime term of supervised release, and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on May 19, 2019, Nedo turned himself in to the Brighton, New York Police Department, after it was discovered by family and friends that the defendant allegedly sexually abused two minor children in his care. After discovering that the alleged abuse primarily took place in the Town of Irondequoit, the Brighton Police Department turned Nedo over to the Irondequoit Police Department. The investigation continued and the defendant was eventually arrested on state charges involving the physical sexual abuse of the children.

During their investigation, the Irondequoit Police Department discovered that Nedo had produced and saved videos and images of the abuse. As a result, several electronic items were seized from the defendant’s home and turned over to the FBI Child Exploitation Task Force for processing. A preliminary examination revealed both videos and photographs depicting the sexual abuse of the minor victims by Nedo, as well as approximately 2,500 images of unrelated child pornography.  The items were subsequently transported to the Regional Computer Forensics Laboratory for further forensic analysis. 

The defendant made an initial appearance today before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing.

The criminal complaint is the result of an investigation by the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo; the Brighton Police Department, under the direction of Chief Mark T. Henderson; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was provided by the Regional Computer Forensics Laboratory and the Bivona Child Advocacy Center. Nedo is also facing a parallel New York State prosecution by the Monroe County District Attorney’s Office.   

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 Sedat Kaya, 64, of Greece, NY, who was convicted of aiding and abetting in the preparation and filing of false tax returns, was sentenced by U.S. District Judge David G. Larimer to three years’ probation and ordered to pay $55,681 in restitution to the United States Treasury.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the defendant owned and operated Seneca Tax Services in Rochester, NY, since approximately 2004.  Through his business, Kaya prepared individual Income Tax Returns for hundreds of clients. An investigation by the Internal Revenue Service revealed that between 2012 and 2017, the defendant intentionally falsified information on the tax returns of clients by including false or inflated expenses, thereby generating false returns from the U.S. Treasury. In total, Kaya defrauded the United States for a total tax loss of more than $55,681. 

The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, 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 a federal jury convicted Richard Lucas, 34, of Williamsville, NY, of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $8,000,000 fine.

Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who handled the prosecution of the case, stated that on May 15, 2017, investigators had search warrants for co-defendant Dominic Daniels and his vehicle. On that day, investigators were conducting surveillance and saw Daniels leave the Comfort Suites, in Cheektowaga, NY, with a blue bag and get into a white pick-up truck. After investigators observed Daniels meet with an individual on James Street in Buffalo, and engage in what appeared to be a narcotics transaction, Daniel’s vehicle was stopped and was searched. The search revealed approximately 744 grams of cocaine, a hotel key for a room rented by the defendant at the Comfort Suites, and approximately $16,000 in United States currency.

During a subsequent search of the hotel room rented by defendant, investigators seized approximately $33,000. Following Daniels’s arrest, Lucas arrived at the Comfort Suites, driving a 2017 Chevrolet Corvette. When he was approached by Erie County Sheriff’s deputies, he refused to comply with commands, resisted arrest, and then led one of the deputies on a chase through several parking lots, where he tried to carjack three vehicles. The defendant was eventually taken into custody at the intersection of the Kensington Expressway and Genesee Street by the sheriff’s deputy and federal law enforcement officers. At the time of his arrest, Lucas was in the possession of nearly $70,000 in jewelry. Evidence presented by the Government at trial established that the defendant was obtaining cocaine from Houston and distributing it to customers in the Buffalo area.

Co-defendant Dominic Daniels was previously convicted and is awaiting sentencing.

The verdict is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert; and the New York State Police, under the direction Major Edward Kennedy.

Sentencing is scheduled for August 27, 2019, at 1:00 p.m. before U.S. District Judge Elizabeth A. Wolford, who presided over the trial of the case.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Michalewski, 54, of Blasdell, NY, was arrested and charged by criminal complaint with receipt of child pornography and possession of child pornography involving a prepubescent minor. The charges carry mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $250,000.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant.  On May 24, 2019, investigators executed a search warrant at Michalewski's residence on South Park Avenue in Blasdell. Several items were seized, including a desktop computer, cell phone, laptop computers, external hard drives, DVD's, thumb drives, internal hard drives, VHS tapes, and literature.  An initial examination of some of the electronics recovered suspected images and videos of child pornography. Some of the images depicted prepubescent minors and acts of violence.  Michalewski was previously convicted in February 2018 of Possession of a Sexual Performance by a Child in Erie County Court and sentenced to a conditional discharge, which remains pending.     

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 defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 30, 2019, at 1:00 p.m.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a one count indictment charging Tyrone E. Jiggetts, 47, of Rochester, NY, with being felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that according to the indictment, on May 6, 2019, the defendant possessed a 12 gauge double-barrel shotgun in the area of 799 West Main Street in Rochester. Jiggetts was previously convicted in Monroe County Court of Robbery in 1991 and Attempted Grand Larceny in 2004. As a result, he is legally prohibited from possessing a firearm.

Jiggetts was arraigned today before U.S. Magistrate Judge Jonathan W. Feldman and was detained. 

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

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 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 Nicholas Coia, 31, of Greece, NY, who was convicted of being felon in possession of a firearm, was sentenced to three years’ probation by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that the defendant admitted to possessing a shotgun and ammunition on March 28, 2018, in the area of 11 St. Pierre Drive in the Town of Greece. Coia was prohibited from legally possessing the shotgun and ammunition because of a prior felony conviction for Driving While Intoxicated.  

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

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

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 Nichols, 69, of Marysville, OH, who was convicted of conspiracy to traffic in counterfeit air bags, was sentenced to serve one year in prison and ordered to pay $75,846 in restitution by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael DiGiacomo who handled the case, stated that from August 2015 through March 2016, Nichols and co-defendant Raymond Whelan imported and sold counterfeit automobile air bags from China. Since Nichols lived in China at the time, he was responsible for locating manufacturers that would produce the counterfeit air bags at the lowest cost.
Nichols imported approximately 364 counterfeit automobile air bags from China that were subsequently sold as a genuine air bags to unsuspecting customers over the internet.

Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.

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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 Anika Williams, 44, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to possess with intent to distribute 10 grams or more of 4-fluroisobutyryl 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 Michael Adler, who is handling the case, stated that between June and November 9, 2017, the defendant conspired with others, including co-defendant Jawayne Watkins, to distribute 4-fluoroisobutyryl fentanyl and heroin.

On two separate occasions in September 2017, Williams sold heroin containing 4-fluoroisobutyryl fentanyl to another individual who was arrested with the substances. The defendant sold drugs obtained from Watkins on a near-daily basis during this time period.

Charges remain pending against Jawayne Watkins who is accused of distributing heroin and 4 fluoroisobutyryl fentanyl causing the death of an individual identified as A.C. 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 Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    

Sentenced is scheduled for August 28, 2019, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan Sampel, 48, of Rochester, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute five kilograms or more of cocaine, was sentenced to serve 360 months in prison by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorneys Sean C. Eldridge and Robert A. Marangola, who handled the prosecution of the case, stated that the evidence presented at trial demonstrated that between 2015 and April 27, 2016, Sampel and co-defendant Jose Gonzalez were part of a cocaine distribution network that distributed kilograms of cocaine in Rochester. During the investigation, law enforcement officers obtained court ordered wiretaps on several phone numbers related to that conspiracy. Calls involving Sampel, Gonzalez, and other co-conspirators were recorded. During those calls, the defendants used coded references to refer to their cocaine trafficking. Other intercepted communications revealed discussions about identifying undercover police vehicles and encouraging co-conspirators to utilize encrypted forms of communications over their phones. Investigators also utilized video surveillance to record meetings and the transfer of cocaine and cash between co-conspirators.

On April 27, 2016, several search warrants were executed, including at the residences of the defendants. Law enforcement officers recovered multiple cellular telephones, including Sampel’s phone, drug paraphernalia such as scales and baggies, and over $11,000 in cash from Gonzalez’s residence, and over $17,000 from Sampel’s residence. As part of the overall investigation, investigators seized over 11 kilograms of cocaine.  

Co-defendant Jose Gonzalez is scheduled to be sentenced on June 10, 2019, at 11:00 a.m.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Rochester Police Department, under the direction of Chief La'Ron D. Singletary.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derrick Stubbs, 54, of Rochester, NY, who was convicted of bank robbery, was sentenced to serve 84 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that on December 5, 2017, the defendant attempted to rob the Chase Bank located at 560 Monroe Avenue in Rochester, NY. On that same date, the defendant robbed the Summit Federal Credit Union at 1660 Monroe Avenue in Brighton, NY. Two days later, on December 7, 2017, Stubbs robbed the Chase Bank located at 920 Holt Road in Webster, NY.

During the robberies, the defendant handed a note to a bank employee demanding money. The notes contained statements to the teller such as “make it fast and don’t try nothing,” “don’t try anything funny,” and “no die pack and no games.”

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary; the Brighton Police Department, under the direction of Mark Henderson; and the Webster Police Department, under the direction of Chief Joseph Rieger.

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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 Demetrius Lowry, a/k/a Little D, 24, of Buffalo, NY, with false declarations before the grand jury, and obstruction of justice. The charges carry a maximum penalty of 20 years in prison. 

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment, Jaquan Sullivan was shot and killed on December 5, 2015, in the vicinity of Parkdale Avenue in Buffalo. On December 8, 2015, Lowry was interviewed by Buffalo Police Homicide detectives. In two written statements, the defendant provided details of the shooting, including the identity of the person who shot Sullivan.

On December 17, 2015, Lowry sent a text message to the Buffalo Police Confidential Tip Line stating that the information he had previously provided was “totally wrong,” and he did not know who was involved in the shooting. On February 18, 2016, detectives interviewed the defendant about the tip-line message and Lowry signed a written statement admitting that the tip-line message was not true.

On July 12, 2018, law enforcement officers assigned to the FBI interviewed the defendant once again about the shooting death of Jaquan Sullivan. Lowry gave information about the identity of the shooter which was different from the information he gave to Buffalo Police detectives on December 8, 2015.

On July 31, 2018, the defendant, while under oath and testifying in a proceeding before a Federal Grand Jury, denied writing and signing the two statements when interviewed by Buffalo Police Homicide detectives on December 8, 2015, about the death of Jaquan Sullivan. Lowry also denied writing and signing a statement on February 18, 2016, in which he admitted that the message he sent to the tip line was not true. In addition, the defendant stated that he was never interviewed by a detective on February 18. Lowry testified that he did speak with the FBI in July 2018 but stated he was not asked about the murder of Jaquan Sullivan.   

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

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

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 Justin Wheeler, 27, of West Seneca, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor by a person having a prior conviction for aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine. 

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

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

Sentencing is scheduled for October 1, 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 Shykeila Russell, 30, of Rochester, NY, who was convicted of witness intimidation, was sentenced to serve 12 months and a day in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in September 2017, an individual identified as L.T., testified in a federal jury trial against the defendant’s brother Stephen Jones.  Jones was subsequently convicted of sex trafficking and sentenced to serve 25 years in prison.

On July 27, 2018, Russell physically assaulted L.T. as retaliation for L.T.’s testimony during the federal jury trial. The defendant observed L.T. walking down the street with a small child. Russell approached and stated, “my brother is doing 25 years and you think you can just walk around like nothing happened.” The defendant then punched L.T. repeatedly in the head, causing bruising and pain.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Mary Ann Langridge, 63, of Toronto, Ontario, was arrested and charged by criminal complaint with aiding and abetting alien smuggling. The charge carries a minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine. 

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on May 21, 2019, a U.S. Border Patrol agent, after receiving a report of a suspicious vehicle operating in the area of Lewiston Landing in Lewiston, NY, located the vehicle, which was unoccupied, and began surveillance of the area. The agent spotted the defendant standing on the upper terrace area of Lewiston Landing waving toward a vessel which was on the Niagara River near the Lewiston Landing docks. There were occupants on board the vessel. As the vessel began to approach the woman on the dock, the agent began to approach the dock area along with other Border Patrol Agents. As the vessel reached the dock, it appeared that the occupants saw the agents approaching them, and pushed back onto the river and began to travel south away from Lewiston Landing.

The agents left the immediate area but continued to observe the vessel from another area where they couldn’t be seen. As the woman remained standing on the dock, the vessel returned, and without docking or tying-off the vessel, two individuals stepped off the vessel and on to the dock. The vessel then left the area, heading toward Canada.

An agent approached the woman, identified as the defendant, and the two individuals, identified as Rosa Guadelupe Lopez-Gomez and Leonardo Jimenez-De La Rosa. Lopez-Gomez and Jimenez-De La Rosa claimed to be citizens of Mexico and the Dominican Republic respectively, but did not have immigration documents which would allow them to be legally present in the United States. Langridge was placed under arrest for aiding and abetting alien smuggling. 

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 24, 2019.

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

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 Sukha Singh Boyal, 52, of New Jersey, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to making a false statement in a passport application. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that in 1999, the defendant was a citizen of India but an alien in the United States. Boyal wanted to travel to India but did not possess a valid Indian passport. As a result, he purchased a false United Kingdom passport under the name of “Kamal Jeet” and used that false passport to fly from Newark, New Jersey, through Frankfurt, Germany, to New Delhi, India, whereupon he was refused entry into India and returned to the United States.

In May 2007, Boyal filed an N-400 application for naturalization with the U.S. Department of Homeland Security, Citizenship and Immigration Services. During his naturalization interview, the defendant acknowledged his prior use of the “Kamal Jeet” name. The defendant naturalized on April 16, 2009.

On July 15, 2009, in Buffalo, Boyal submitted an application for a U.S. passport with the U.S. Department of State. In response to the question, “have you ever used a different name?” the defendant wrote, “none.”  Boyal signed the application, declaring under penalty of perjury that the statements he made on the application were true and correct.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Diplomatic Security Service, U.S. Department of State, under the direction of Special Agent-in-Charge Kenneth M. Haynes.

Sentencing is scheduled for August 15, 2019, at 3pm before Judge Geraci.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Gregorio Salinas-Guzman, a native of Mexico living in Lyndonville, NY, who was convicted of being alien in possession of a firearm, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that the defendant is a native and citizen of Mexico with no lawful status in the United States. On March 15, 2018, the defendant was arrested following the execution of a search warrant at his residence on Alps Road in Lyndonville. Inside the residence, the Orleans County Major Felony Crime Task Force, assisted by Immigration and Customs Enforcement, recovered two 20 gauge shotguns; a rifle; a .22 caliber revolver; 207 rounds of ammunition; shotgun slugs; and 15 rounds of shotgun shells. Investigators also recovered a counterfeit Social Security card and a fraudulent Permanent Resident Card in the defendant’s name. 

The sentencing is the result of plea is the result of an investigation by the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Randy Bower, and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Thomas E. Feely, Director of Field Operations.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Rivers, 22, pleaded guilty before U.S. District Judge David G. Larimer to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

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

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

Sentencing is scheduled for July 30, 2019, at 10:00 a.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 Mark Farnham, 26, of Conewango Valley, NY, who was convicted of conspiracy to commit bank fraud, was sentenced to time served (nine months) and five years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Stephanie Lamarque, Wei Xiang, and Mary Clare Kane, who handled the case, stated that between February 2016 and October 2016, the defendant worked with co-defendants Sergiy Bezrukov, Dustin Walker, and Vanessa Cardona at companies with various names such as “Corporate Restructure” and “Salamanca Payroll Services.” Farnham was a manager for Corporate Restructure, Inc., which operated out of office space in Salamanca, NY, and Buffalo, NY.

Farnham, Bezrukov, Walker, and Cardona, along with others, used a number of fraudulent companies to mail solicitations to small business owners (victims) which fraudulently informed the victims that one or more of the fraudulent companies could assist the victims with restructuring debts they had with other lenders.

From the summer of 2016 until October 27, 2016, the defendant: opened multiple bank accounts at a number of banks, including Citizens Bank, Bank of America, Northwest Savings Bank and First Niagara Bank; made daily deposits into the bank accounts opened at the aforementioned banks; made daily withdrawals from the bank accounts at the aforementioned banks; obtained a bulk mailing permit and opened post office boxes which were used to receive victims mail and to use as the return addresses on solicitation letters; and took calls from victims who were upset and had questions about their “loan restructure.”

When talking with victims over the telephone, Farnham used aliases and provided the victims with information that was not true or accurate about the status of the purported loan restructure. Farnham continued to deposit victims’ monies into the account of shell companies that never provided any services, and withdrew the deposited money from those accounts.       
Bezrukov, Walker, and Cardona were all previously convicted and are awaiting sentencing.

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

# # # #

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Atif Ullah, 30, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to distribution of child pornography. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine. 

Special Assistant U.S. Attorney Jeremy Murray, who is handling the case, stated that on March 6, 2018, the defendant distributed a video using his cellular telephone that he knew constituted child pornography. On August 16, 2018, law enforcement officers executed a federal search warrant at the Ullah’s residence and seized two cellular telephones, each containing images of child pornography. An examination of the telephones revealed a total of 33 images of child pornography. Eight of the images were produced by the defendant between June 22 and August 16, 2018. The minor depicted in the images was seven years old at the time of the production, and was related to the defendant.

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

Sentencing is scheduled for October 4, 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 Serge Maombi, a/k/a Patrick Mwiseneza, a citizen of the Democratic Republic of Congo, was arrested and charged by criminal complaint with attempting to use an unlawfully obtained alien registration card for entry into the United States and making a false statement to a Customs and Border Protection Officer. The charges carry a maximum penalty of 10 years in prison. In addition, Jean Pierre Imani, also a citizen of the Democratic Republic of Congo, was arrested and charged by criminal complaint with smuggling and making a false statement to a Customs and Border Protection Officer, which carries a maximum penalty of five years in prison.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on May 20, 2019, at approximately 3:45 p.m., the defendants attempted to enter the U.S. at the Lewiston Bridge Port of Entry. During primary inspection, Imani, who was driving, and Maombi, who was in the back seat, presented identity documents, including a United States Permanent Resident Alien Card. Maombi’s card listed his identity as Patrick Sirikare. After examining the facial discrepancies of Maombi with the picture listed on the card, the vehicle was referred for secondary inspection.

During secondary inspection, Maombi stated that he was Patrick Sirikare. A fingerprint scan revealed that Maombi’s fingerprints were a mismatch.

Also during secondary inspection, Imani told officers that he and a third vehicle occupant had traveled to Niagara Falls, Ontario, Canada from Michigan alone for sightseeing. Imani later admitted that he, the third passenger, and the real Patrick Sirikare traveled from Michigan to Niagara Falls to pick-up Sirikare’s older brother, Maombi, and bring him to the U.S. with Sirikare’s green card.  
The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and are being held pending a detention hearing on May 24, 2019.

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.

# # # #

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 114-count superseding indictment charging Robert Morgan, Frank Giacobbe, Todd Morgan, and Michael Tremiti, with conspiracy to commit wire fraud and bank fraud for their roles in a half billion dollar mortgage fraud scheme. The defendants each face various additional charges such as wire and bank fraud, and money laundering. Todd Morgan and Robert Morgan are also charged with wire fraud conspiracy to defraud insurance companies. The charges carry a maximum penalty of 30 years in prison and a fine in the amount of double the loss caused by the crimes, which is currently estimated to exceed $25,000,000. 

During the course of the conspiracy:

• Robert Morgan was the managing member and chief executive officer of Morgan Management. In addition to his role with Morgan Management, he controlled and managed owned a substantial portfolio of real estate holdings; • Frank Giacobbe owned and operated Aurora Capital Advisors, identified himself as the Principal, and employed others to assist him in brokering, and attempting to broker real estate loans; • Todd Morgan was employed at Morgan Management, and worked as a Project Manager at the company; and
• Michael Tremiti was employed at Morgan Management, and worked as Director of Finance for the company.

Assistant U.S. Attorneys John D. Fabian and Douglas A.C. Penrose, who are handling the case, stated that according to the superseding indictment, between 2007 and June 2017, the defendants conspired with Kevin Morgan, Patrick Ogiony, Scott Cresswell, and others to fraudulently obtain moneys, funds, credits, assets, securities, and other property from financial institutions such as Arbor Commercial Mortgage, LLC and Berkadia Commercial Mortgage, LLC, and government sponsored enterprises, including Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal National Mortgage Association (Fannie Mae).

The defendants provided false information to financial institutions and government sponsored enterprises overstating the incomes of properties owned by Morgan Management or certain principals of Morgan Management. The false information induced financial institutions to issue loans: (1) for greater values than the financial institutions would have authorized had they been provided with truthful information; and (2) that the financial institutions would not have issued at the time of issuance had they been provided with truthful information. These properties included:

• The Preserve at Autumn Ridge, Watertown, NY; • The Eden Square Apartments, Cranberry Township, Pennsylvania; • The Rochester Village Apartments at Park Place, Cranberry Township, Pennsylvania; • The Reserve at Southpointe, Canonsburg, Pennsylvania; • 7100 South Shore Drive Apartments, Chicago, Illinois; • The Avon Commons Apartments, Avon, NY; • The Morgan Bay Apartments, Houston, Texas; • Brookwood on the Green, Syracuse, NY; • The Creek Hill Apartments, Rochester, NY; • Hickory Hollow, Rochester, NY; • The Knollwood Manor Apartments, Rochester, NY; • The Links at Centerpointe, Canandaigua, NY; • The Nineteen North Apartments, Pittsburgh, Pennsylvania; • The Overlook at Golden Hills, Lexington, South Carolina; • The Penbrooke Meadows Apartments, Rochester, NY; • The Trails of North Hills Apartments, Raleigh, North Carolina; • The Rivers Pointe Apartments, Syracuse, NY; • The Union Square Apartments, Rochester, NY; • The View at MacKenzi, York, Pennsylvania; and
• The Villas of Victor, Rochester, NY.

To facilitate the conspiracy:

• Morgan Management provided property management, accounting, and financial reporting services for the properties owned by limited liability companies controlled by defendant Robert Morgan.
• The defendants conspired to manipulate income and expenses for properties to meet debt service coverage ratios (“DSCRs”) required by lending institutions. The manipulation included, among other things, removing expenses from information reported to lenders and keeping two sets of books for at least 70 properties, with one set of books containing true and accurate figures and a second set of books containing manipulated figures to be provided to lenders in connection with servicing and re-financing loans.
•  The defendants conspired to present lending institutions with false and fraudulent inflated construction contracts and invoices that falsely reported to the lending institution that the contractor constructing a property was being paid more than the contractor was actually being paid. 
• The defendants provided false information to financial institutions and government sponsored enterprises that overstated net incomes of properties and thereby induced financial institutions to: (1) issue loans (a) for greater values than financial institutions would have authorized had they been provided with truthful information; and (b) that the financial institutions would not have issued at the time of issuance had they been provided with truthful information; and (2) forgo contractual rights that would have inured to the financial institutions had the defendants and Morgan Management presented accurate financial information to the financial institutions.
• The defendants employed various mechanisms to mislead inspectors, appraisers, financial institutions and government sponsored enterprises with respect to the occupancy of properties.
• The defendants falsely inflated the amounts owed on properties, by among other things, (1) providing false documentation of obligations purportedly associated with the properties, (2) misrepresenting the actual purchase prices of properties by providing false contracts and contract prices, and (3), as set forth above, presenting false construction contracts and invoices.

In the wire fraud conspiracy to defraud insurers, Todd Morgan and Robert Morgan are accused of conspiring with Kevin Morgan and Scott Cresswell to present false and inflated contracts and invoices for repairs to insurers after damages to properties in Robert Morgan’s real estate portfolio. These properties include the Summerwood Apartments in Merrillville, Indiana; the Eden Square Apartments in Cranberry Township, Pennsylvania; and at thirty-four properties in the Rochester, New York area after a March 2017 windstorm in that area.

The defendants are also charged with money laundering conspiracy for engaging in monetary transactions in excess of $10,000 using the proceeds of wire fraud and bank fraud.

The total loss sustained by financial institutions and government sponsored enterprises throughout the mortgage fraud scheme is currently estimated to exceed $25,000,000. The loss resulting from the insurance fraud scheme is currently estimated at approximately $3,000,000.

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

“The charges announced today reflect this Office’s commitment to ensuring that those who do business with the mortgage, banking, and insurance industries act with honesty and integrity,” stated U.S. Attorney Kennedy. “The scope of the dishonesty and deceit alleged here—both in a geographic sense as well as in terms of the dollar value of the mortgages and properties involved—was expansive. This type of fraud strikes at the very heart of those industries, and I commend the FBI and the FHFA-OIG for the significant resources they devoted to this investigation in order to reveal the full scope of the illegal conduct alleged in this superseding indictment.”

“Today's charges allege Robert Morgan-and the men he surrounded himself with in business-worked hard with a desire to creatively subvert the integrity of the financial industry," said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “In response, we worked just as hard and creatively to put a stop to it. We hope the indictment returned in this case helps to educate and protect the tens of thousands of investors who own mortgage-backed securities.”

Richard Parker, Acting Deputy Inspector General for Investigations for the Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG), said, “the financing of multifamily loans is a significant segment of Fannie Mae’s and Freddie Mac’s portfolio.  As these charges demonstrate, FHFA-OIG will work with our partners in law enforcement to investigate and hold accountable those who seek to victimize the entities regulated by FHFA.”

Defendants Kevin Morgan and Patrick Ogiony were previously convicted of conspiracy to commit bank fraud, and defendant Scott Cresswell was previously convicted of conspiracy to commit wire fraud for their roles in the multi-million dollar fraud scheme. All three defendants are awaiting sentencing.

The superseding indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector

General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.

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

# # # #

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that James Smalley, 41, of Penn Yan, NY, was arrested and charged by criminal complaint with falsifying inspection reports for space parts. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant was a Quality Assurance Engineer at PMI Industries, LLC, a Rochester aerospace precision machining service, specializing in high-tolerance machining for flight critical aerospace parts used to build space flight vehicles by SpaceX and other Department of Defense aerospace contractors. Smalley began his employment at PMI on March 6, 2017, working on contracts for SpaceX, which developed the Falcon launch vehicle family and the Dragon spacecraft family. Falcon and Dragon both currently deliver payloads into Earth orbit for NASA, the Air Force, other United States government agencies and private industry. SQA Services, Inc. (SQA) is a subcontractor to SpaceX, and provides multiple quality assurance functions within the aerospace and defense manufacturing industries.

The complaint states that in January 2018, an internal audit by SQA Services, Inc. (SQA), at the direction of SpaceX, revealed multiple falsified source inspection reports and non-destructive testing (NDT) certifications from PMI Industries, LLC, for Falcon 9 and Falcon Heavy flight critical parts. SpaceX notified PMI of the anomalies. Source inspections and NDT are key tools used in the aerospace industry to ensure manufactured parts comply with quality and safety standards. Specifically, the signed source inspection report had a forged signature of the SQA inspector. SpaceX and SQA officials believed the signature of the inspector was photocopied and cut and pasted onto the source inspection report with a computer.

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

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

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

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

“The success of America’s reinvigorated space program depends not just on American ingenuity but on American integrity as well,” stated U.S. Attorney Kennedy.  “These charges make clear that those who commit fraud against NASA, the Air Force, the National Oceanic and Atmospheric Administration, who are among the government agencies leading our space program, and those private companies, such as SpaceX, with whom the government partners and contracts in its effort, will be held accountable when they seek to cut corners. Such fraudulent conduct jeopardizes no only the success of the program but the lives of the brave men and women who rely on the integrity of not just the space vehicles themselves but all those who help to design and build them.”  

“The NASA Office of Inspector General will continue to aggressively investigate those who undermine NASA operations and jeopardize U.S. space launch missions by their fraudulent actions,” said Special Agent-in-Charge John Corbett, Central Field Office.”

“The Air Force Office of Special Investigations (AFOSI), along with its law enforcement partners, has, and always will, aggressively identify, investigate, and neutralize anyone who attempts to commit aircraft and space vehicle part fraud and put our nation's warfighters at risk,” stated Special Agent-in-Charge Wendell W. Palmer, AFOSI, Office of Procurement Fraud.

“According to the criminal complaint, James Smalley took the act of forgery to a new level,” said FBI Buffalo Special Agent-in-Charge Gary Loeffert. “A potentially catastrophic level with the potential to not only cost millions of dollars, but also jeopardize years of irreplicable work.”

The defendant will make an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman on May 23, 2019, at 1:00 p.m.

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

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 Calvin Elston, Jr., 41, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl, was sentenced to serve 235 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between July 2013 and May 2015, the defendant conspired with co-defendants Brandon Coburn, Jennifer L. Courton, Rodney Courton, John Davis, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, to distribute fentanyl, oxymorphone, oxycodone, and amphetamines, Schedule II controlled substances.

Over the course of the conspiracy, Elston obtained prescriptions in his own name, and in the names of others, from co-defendant Brandon Coburn, a former nurse practitioner. Neither he, nor the others, ever saw Coburn for treatment. The defendant and co-defendant, Jennifer L. Courton, would then recruit various individuals who would agree to go to pharmacies to submit prescriptions. These individuals, including Rodney Courton, John Davis, Jessica Howard, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, would be paid money for their services. Coburn would also be paid for writing each prescription.

In total, from July 2013 to May 2015, 253 prescriptions were issued by co-defendant Coburn without any legitimate medical purpose.

A total of 10 defendants have been convicted and sentenced in this case:

• Brandon Coburn-108 months
• Jennifer Courton-180 months
• Rodney Courton-57 months
• John Davis-32 months
• Samuel Nappo-30 months
• Tashaira Vazquez-24 months
• Terrance Williams-20 months
• Johanna Sanchez Rodriquez-18 months
• Luis Diaz-24 months

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

# # # #

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 12-count indictment charging Jeffrey Richards, 28, of Niagara Falls, NY, with narcotics conspiracy; possession with intent to distribute acetyl fentanyl, fentanyl, cocaine, marijuana, and alprazolam; maintaining a drug involved-premises; manufacturing controlled substances creating a substantial risk of harm to human life; unlawfully making and possessing a destructive device; possession of firearms in furtherance of drug trafficking; and, possession of a stolen firearm. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and fine of $5,000,000.

Assistant U.S. Attorneys Timothy C. Lynch and Brendan T. Cullinane, who are handling the case, stated that on December 14, 2018, law enforcement officers executed a search warrant at the defendant’s residence on Packard Court in Niagara Falls. At that time, officers recovered, among other items, amounts of acetyl fentanyl, fentanyl, cocaine, marijuana, alprazolam, approximately ten firearms, various rounds of ammunition, drug trafficking paraphernalia, and an improvised destructive device. Officers also recovered various items used in the manufacturing of destructive devices.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is currently detained pending further proceedings.

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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Niagara County Sheriff's Department, under the direction of Sheriff James Voutour.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an 18-count indictment charging Steven Gasiorek, 33, of Cheektowaga, NY, with production and receipt of child pornography, and enticement of a minor. The highest charges carry a mandatory minimum penalty of 15 years, a maximum penalty of life in prison, and a $250,000 fine.

Assistant U.S. Attorney Elizabeth Moellering, who is handling the case, stated that according to the indictment and a previously filed complaint, on April 10, 2019, the Fauquier County, Virginia Sheriff’s Office contacted the Cheektowaga Police Department regarding a 14 year-old-male from Virginia who had been communicating through Instagram with a person utilizing Instagram account LEXIGURL1015. The boy, who was under the impression that LEXIGURL1015 was a teenage girl from California, sent pornographic images of himself to the account at the urging of the user LEXIGURL1015.

Subsequent investigation determined that the account belonged to the defendant, who was a substitute teacher and coach John F. Kennedy Middle and High schools. A search warrant was executed at the defendant’s Lehigh Street residence. Investigators seized a laptop computer and external hard drive that contain numerous images constituting child pornography. Further investigation suggests that Gasiorek has been engaged in the enticement of minors to produce child pornography activity for several years.

The indictment alleges that, in February 2019, the defendant coerced six minor victims to engage in sexual activity for the purpose of producing a visual depiction of such conduct. The defendant is also accused with enticing the minor victims and with receiving the child pornography created at his own urging.

The defendant was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.

Members of the public who have information related to this case are asked to call the Federal Bureau of Investigation at 716-843-1616.

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 Cheektowaga Police Department, under the direction of Chief David Zack, and the West Seneca Police Department, under the direction of Chief Daniel Denz.

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 Alex Mercado, 40, of Jamestown, NY, who was convicted of conspiracy to distribute one kilogram or more of heroin, was sentenced to serve 120 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that beginning in early 2016, the defendant served as one of the primary mid-level distributors of heroin and cocaine for the Sigfredo Martinez drug organization. Mercado admitted that he was responsible for the “night shift” transactions, and stated that his co-defendant, Bryan Ferrer-Vazquez, distributed during the “day shift.” The defendant admitted that he received a couple hundred bundles of heroin from Martinez every few days and was tasked with distributing it to smaller dealers and users. Mercado said he would then turn over the proceeds to Martinez and take payment for his role in the distribution. The defendant also directed co-defendant Ferrer-Vazquez to distribute heroin to specific customers and would collect the proceeds earned by Ferrer-Vazquez on behalf of Martinez. During this period of time, Mercado occasionally worked with other uncharged co-conspirators to process bulk quantities of heroin and repackage it for retail sale.

Between November 3, 2016, and March 2, 2017, the Drug Enforcement Administration conducted four controlled purchases of heroin with the defendant. On April 6, 2017, federal search warrants were executed at 385 Buffalo Street, the residence of Bryan Ferrer-Vazquez, and 32 Duquesne Street, the residence of Sigfredo Martinez. At each location, law enforcement officers seized numerous ledgers and paper records of drug transactions. A federal search warrant was also executed at Mercado’s residence at 1083 North Main Street in Jamestown where approximately 10 ounces of marijuana and several suboxone strips were recovered.

Bryan Ferrer-Vazquez was previously convicted and is awaiting sentencing. Charges remain pending against Sigfredo Martinez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The 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, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Southern Tier Regional Drug Task Force.

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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 Jorge Alberto Alvarez, 35, a Cuban native living in Miami, Florida, pleaded guilty before U.S. District Judge Richard J. Arcara to bank fraud. The charge carries a maximum penalty of 30 years in prison, and a fine of $1,000,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between October 10, 2017, and October 10, 2018, the defendant participated in a scheme to obtain the bank card information of customers utilizing gas pumps by installing skimming devices on the pumps.  Alvarez used the information to produce counterfeit access devices and then used the devices to fraudulently obtain money.

The defendant fraudulently obtained bank card information for approximately 131 individual customer accounts with various banks including Bank of America, JP Morgan Chase, and SunTrust Bank. After obtaining the bank card information, Alvarez produced 93 counterfeit access devices to withdraw money from accounts. 

On October 10, 2017, as the defendant attempted to enter the United States at the Peace Bridge Port of Entry, he was found to be in possession of the 93 counterfeit access devices, 16 internal gas pump skimming devices, a card reader/encoder with a modified USB cable, and several other items used in furtherance of the scheme. The total loss amount is approximately $57,000.00.
 
The plea is the result of an investigation by agents of the United States Secret Service at the direction of Special Agent in Charge Lewis Robinson.

Sentencing is scheduled for August 28, 2019, at 1:00 p.m. before Judge Arcara.

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