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 Kory Doyle, 33, of Warsaw, NY, pleaded guilty to possession of child pornography involving a prepubescent minor before Chief U.S. District Judge Frank P. Geraci 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 September 2017, the New York State Police executed a search warrant at the defendant’s residence in Warsaw. Several of Doyle’s electronics were seized. A forensic examination determined that the electronics contained over 700 images and 500 video files containing child pornography.

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

Sentencing is scheduled for August 15, 2019, at 11:30 a.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven Brzezinski, 35, of Tonawanda, NY, who was convicted of receipt of child pornography, was sentenced to serve 96 months in prison and 20 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the defendant, who was on probation for an unrelated offense, was in possession of a tablet containing child pornography. Additional forensic examination of the tablet revealed that Brzezinski had a romantic relationship with a 15 year old boy over the internet and had received child pornography from the minor via Facebook Messenger. The defendant has a previous conviction for endangering the welfare of a child.

The sentencing is the result of an investigation by Federal Bureau of Investigation, under the direction of Gary Loeffert, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aydan Sin, a/k/a Hon Chak Gordon Sin, a/k/a Andy, a/k/a Bullion, 47, of British Columbia, CA, pleaded guilty before U.S. District Judge Richard J. Arcara to violating the Arms Export Control Act. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between November 2016 and April 2017, the defendant conspired with others, including Guy Deland, a/k/a Mark, a/k/a Security Prime, and Charan Singh, a/k/a Charlie, a/k/a Sunny, to export defense articles on the United States Munitions List (USML) in violation of United States law.

In November 2016, Singh began communicating with an undercover law enforcement agent (UCA), inquiring about whether the UCA could export firearms from the United States to the United Arab Emirates. During the communications, Sin, Deland, and Singh were advised by the UCA that a license was required from the United States Department of State in order to legally export the firearms. The defendants acknowledged the illegality of the attempted exports, provided an encrypted Blackberry device to the UCA for the purpose of secure, covert communications, and wired approximately $70,000 USD from Canada to the United States as a 50% down payment for the export of the goods.

On December 7, 2016, Sin, through telephone and email, requested the gun order include 9mm handguns and Uzi machine guns. On December 9, 2016, Sin told the UCA that rather than get an export license, he wanted the UCA to export the firearms “the wrong way.”

Subsequently, on January 10, 2017, the UCA emailed two revised invoices to Sin and Deland. One invoice was for the export to Dubai of three new Glock 9mm firearms, six magazines, two used Mini Uzi submachine guns, two suppressors, and 1,000 rounds of 9mm ammunition for the firearms, for a total cost of $20,575. The second invoice was for the export to Colombia (thru Panama) of 37 new Glock 9mm firearms, 74 magazines, 13 used Mini Uzi submachine guns, 13 suppressors, and 3,000 rounds of 9mm ammunition for the firearms, for a total cost of $121,175. Both invoices contained language stating that exporting these products was prohibited by law without an export license.

On February 6 and 7, 2017, an undercover bank account, located in the Western District of New York, received two bank wire transfers from a bank account in Canada, each in the amount of $34,990 USD, representing 50% of the total purchase price of the firearms, suppressors, and ammunition.

On March 10, 2017, Sin contacted the UCA and asked if the shipment of guns to Columbia would occur in a few days. On March 20, 2017, the UCA used existing sea freight shipment tracking numbers and told Sin and Deland that the firearms, suppressors, and ammunition were shipped to Jebel Ali, United Arab Emirates, and the shipment of guns to Columbia would occur on March 29, 2017. The UCA also provided them with the tracking information.

The firearms, suppressors, magazines, and ammunitions listed above are defense articles listed on the USML. Prior to the attempted export and export of these defense items from the United States, Sin was aware that an export license was required and at no time did he, or the actual exporter apply for, receive, or possess a license to export the items from the United States.

“The Arms Export Control Act was enacted to keep our country and our citizens safe and secure from the threat of the illicit trafficking of firearms,” said U.S. Attorney Kennedy. “When our safety and security are compromised by individuals such as this defendant, it threatens to destabilize the national security of our country, which in turn puts American citizens at risk. It is our duty to be vigilant in enforcing the laws designed to protect our national security.”

“HSI vigorously investigates criminal organizations that attempt to illegally export firearms, firearm parts, munitions, and sensitive technology to protect American citizens, our warfighters and our allies,” said Special Agent-in-Charge Kevin Kelly. “Counter-proliferation investigations are among HSI's top priorities to ensure that those who put our country at risk are brought to justice.”

Charges remain pending against defendants Guy Deland and Charan Singh. 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. Additional assistance was provided by the Royal Canadian Mounted Police. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mark Bieniek, 45, of Buffalo, NY, who was convicted of cyberstalking, was sentenced to serve 41 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant and Victim 1 were once partners and had children together. On April 25, 2017, Victim 1 received an order of protection against Bieniek, prohibiting the defendant from communication with Victim 1, except as permitted by order of a family or Supreme Court.

Between January 25, 2018, and February 19, 2018, Bieniek resided in North Richland Hills, Texas, while Victim 1 resided in Erie County, NY. In violation of the order of protection during this period, the defendant sent several hundred electronic messages to Victim 1 with the intent to kill, injure, harass, intimidate, or cause substantial emotional distress to Victim 1 or to place Victim 1 in reasonable fear of the death of or serious injury to herself or her partner, Victim 2. Among the messages:

• “I got [Victim 2]..” “I may spend the rest of my life in prison. But it’ll be worth it…I can’t wait to see him…Texas has lots and lots of pawnshops”
• “Hi [Victim 2]! Looking forward to meeting you…My brother killed someone…so can I (expletive)”
• “I like the pictures you posted. I’m coming fir you [Victim 2]. Now I know exactly what you look like. I’ll see you soon.” “(Expletives) I’m going to murder your boyfriend while you watch.”
• Images of the defendant holding an object resembling a black pistol along with the message, “It’s time [Victim 1]. I’m going to let you make the decision.”
• Photos of the outside of Victim 1’s place of employment with the message, “I’m wondering…Are you planning on coming out?”
• “I am here and I will get you. Maybe tonight I’ll just torch the place or ill wait to see the looks on your faces.”
• “see i paid a lot to put this whole plan together and i sawed off the end of my attitude adjuster. i have patience. be sure to look over your shoulder mother fucker because there will be dead bodies when I’m thru. Starting with your face getting a few slugs.”
• “I have nothing left [Victim 1].  You took it all.  Idc what i have to do.  You will hear my cries.”  “I have two things i must do. Get you. No matter what. Then get myself.”
• “I know that you are alone and scared up there.”
• “I can feel the the hate for me.  I can smell your fear.”  “Fear.”
• “[Victim 2] you and [Victim 1] are going to die”, “Tomorrow”, “I promise you this sir”, “You are both dead”
• I SWEAR ON MY MOTHER CAROLS LAST BREATH IF SHE WERE TO ASK ME HER LAST DYING WISH TO NOT DO ANYTHING TO HURT OR SCARE YOU...LIKE SHE HAS BEFORE BUT YOU DONT CARE. IF SHE ASKED ME FOR THAT ONE LAST WISH BEFORE SHE TOOK HER LAST BREATH I'D LOOK HER IN HER EYES AND TELL HER I CANNOT CAN NOT GIVE YOU THIS WISH.

The defendant has a history of domestic violence-related conduct towards Victim 1. On December 17, 2011, he was arrested for assaulting, including choking and kicking, Victim 1 with intent to cause physical injury. As a result, Victim 1 feared death or serious injury to herself and Victim 2 and suffered substantial emotional distress.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, with assistance from the FBI in Fort Worth, Texas.

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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 Nolan Donald, 20, of Lyndonville, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to being an unlawful drug user in possession of firearms and ammunition, and possessing with intent to distribute, and distributing marijuana. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that between February 2018 and April 18, 2018, the defendant was addicted to, or was an unlawful user of, marijuana.

On April 18, 2018, Donald was arrested following the execution of a search warrant at his residence on North Lyndonville Road. Inside the residence, investigators recovered a 9mm, semi-automatic pistol, loaded with eight rounds of ammunition; a 12-gauge shotgun; 79 rounds of ammunition; a small quantity of marijuana; edible marijuana cookies; and plastic baggies.

Following his arrest, the defendant admitted that he sold marijuana for approximately two years preceding his arrest and continued to sell marijuana and other marijuana products up until the time of his arrest. Donald also stated that he has used marijuana every day for the past year and a half.

Between February 17, 2018, and April 18, 2018, the defendant posted videos and photos to the social media application "Snapchat" in which he appeared to be in possession of a pistol and large quantities of marijuana, and using what appeared to be marijuana and prescription medicine.

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 20, 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 Dakota Casey, 27, of Indiana, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to transportation 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.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on June 27, 2018, the defendant attempted to enter Canada from the United States using the Peace Bridge. On Casey’s cell phone were images of child pornography involving three minor victims. The defendant was refused entry into Canada. Casey and his cell phone were turned over to U.S. authorities at the Peace Bridge Port of Entry.

In addition, between 2017, and June 27, 2018, Casey communicated with minors under the age of 18 years of age via the internet. Knowing that each was under the age of 16, the defendant requested that four victims take and send him child pornography images of themselves. Some of the images Casey persuaded two of the victims to produce portrayed sadistic conduct. The defendant also sent a naked photo to two of the victims. 

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 24, 2019, at 11:00 a.m. before Judge Wolford.

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that eight defendants have been arrested and charged with conspiracy to distribute cocaine, heroin and fentanyl which carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison and a $10,000,000 fine.

Named in the indictment are:

• Felix Calderon-Valcarcel, 28 of Lackawanna, NY; • Annette Lugo Rodriguez, 39 of San Juan, Puerto Rico; • Vivian Pintado-Figueroa, 40 of San Juan, Puerto Rico; • Wilmer Casiano-Perez, 25 of Lackawanna, NY; • Yarimar Berrios Alvarado, 24 of Lackawanna, NY; • Lavon Parks, 28 of Niagara Falls, NY; • James C. Parks, 55 of Niagara Falls, NY; and
• Wayne E. Paye, of Niagara Falls, NY. 

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment, the defendants participated in a narcotics conspiracy responsible for distributing cocaine, heroin and fentanyl in the Western New York area. The conspiracy received bulk quantities of cocaine from suppliers in Puerto Rico via the United States Postal Service.

On May 26, 2017, a USPS postal inspector identified a suspicious postal parcel being mailed by Lavon Parks from a post office in San Juan to an address in Niagara Falls, NY. On May 31, 2017, a federal search warrant was executed on the suspicious parcel, which contained a kilogram of cocaine wrapped into a brick and concealed within a toaster oven.

On November 30, 2017, Lavon Parks, James Parks, and Wayne Payne were traveling on Interstate 40 in Hickman County, Tennessee. A law enforcement officer pulled the vehicle over after witnessing it commit several traffic infractions. James Parks, who was driving, was questioned outside the vehicle away from the passengers. He stated that he was heading back to Niagara Falls from Pensacola, Florida where they were visiting for a conference. The officer noted the unlikelihood that this was true given their location at least 50 miles west of Nashville, well off the route they would take if coming from Florida. At a later point during the traffic stop, James Parks stated that he had actually travelled from Florida to Houston to pick up Lavon Parks and Wayne Payne after they had called him for a ride. The rental car agreement was produced from the glove compartment and confirmed that James Parks rented the vehicle on November 17, 2017, in Buffalo.

The officers also spoke with the passengers. Wayne Payne stated that they were heading back to Niagara Falls, NY from Houston, TX after a visit to “setup a landscaping business.” Payne stated they were only in Houston for “a few hours; like a day or two.” Lavon Parks told the officer they were traveling from Houston to Niagara Falls and had stayed at the Hilton hotel.

A search of the vehicle recovered three-and-a-half kilograms of cocaine in four packages wrapped with plastic and duct tape concealed in the spare tire area underneath a cover. All three men disclaimed knowledge and ownership of the cocaine. When the packages were opened, officers located two smaller baggies containing crack cocaine.

Between July 2018 and February 2019, the investigation has seized approximately 10 ½ kilos of cocaine and $52,000 in U.S. currency from parcels shipped in the USPS mail between Puerto Rico and different states in the U.S. (including New York, Florida, Alaska, Georgia, and Pennsylvania). Additionally, the investigation conducted sneak and peek searches of parcels containing U.S. currency and money orders totaling $55,700.

Annette Rodriguez Lugo and Vivian Pintado-Figueroa are Puerto Rico-based co-conspirators responsible for shipping bulk quantities of cocaine in the US mail and receiving payments in the form of money orders or U.S. currency in exchange for the cocaine supplied.

On March 26, 2019, Felix Calderon-Valcarcel was observed travelling from his residence at 179 East Abbott Grove in Orchard Park in a rental vehicle to a suspected drug transaction. After the vehicle pulled over, investigators approached and observed Calderon-Valcarcel seated in the driver seat counting approximately $10,000 of U.S. currency.  A search of the trunk of the rental vehicle resulted in the recovery of a plastic-wrapped kilogram of cocaine. Subsequently a search warrant was executed at the residence where Felix Calderon-Valcarcel resides with Yarimar Berrios Alvarado. Investigators located a large shipping box in the basement, which was found to contain four plastic-wrapped kilograms of cocaine identical to that recovered from the trunk of the vehicle. A 9 mm firearm was seized from the master bedroom, loaded with a magazine containing 10 rounds of ammunition.

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 U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; The Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Orchard Park Police Department, under the direction of Chief E. Joseph Wehrfritz; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lackawanna Police Department, under the direction of Chief James Michel; the Hamburg Police Department, under the direction of Chief Gregory Wickett; and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata. Additional assistance was provided by the DEA in San Juan, Puerto Rico. 

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 Michael Giokas, 59, of Clarence, NY, who was convicted of wire fraud for defrauding numerous clients of his investment advisory firm out of hundreds of thousands of dollars, was sentenced to serve 52 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $916,396. 

Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that the defendant was a financial advisor and president of Giokas Wealth Advisors, located in Clarence. In that role, Giokas provided financial advisory services to more than 40 individual clients.

Between May 2017 and October 2017, the defendant persuaded certain clients to withdraw money from their investment accounts at Nationwide Mutual Insurance Company and invest the money in a company called Trinity Council, LLC. Giokas claimed that Trinity Council was a fund that invested in private corporations; that investments were guaranteed to earn interest between eight and nine percent per year; and that investment principal was guaranteed. The defendant also provided a fraudulent promissory note to one of his clients to convince the client that his investment in Trinity Council was legitimate.

Trinity Council was actually a shell company that engaged in no investment or business activity. Giokas was the sole member and only owner of Trinity Council, and the only person with signature authority on its bank accounts, which the defendant opened for the purpose of executing this scheme to defraud.

In a separate scheme, between 2015 and October 2017, Giokas prompted Nationwide to transfer money from his clients’ Nationwide accounts to the defendant under the guise of “fee requests.” Giokas claimed that he was entitled to the requested money as investment advisory fees, despite the fact that the requested amounts greatly exceeded what the defendant was entitled to pursuant to his fee agreements with his clients.

As a result of the two schemes, Giokas defrauded clients out of $1,473,396. 

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

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Tyshawn Bradley, 33, of Buffalo, NY, who was convicted of conspiracy to distribute 280 grams or more of crack cocaine within 1000 feet of the Perry Housing Projects, conspiracy to commit money laundering, and possession of an unregistered, sawed off rifle, was sentenced by U.S. District Judge Lawrence J. Vilardo to serve 30 years in prison.

Assistant U.S. Attorneys Timothy C. Lynch and Michael J. Adler, who handled the prosecution, stated that the defendant was the head of a narcotics trafficking ring that operated primarily in the Perry Housing Projects in Buffalo. Bradley maintained several apartments on the grounds of those projects, operated by the Buffalo Municipal Housing Authority, where members of his organization sold crack cocaine on a daily basis. 

The defendant was arrested along with nine others on April 3, 2013, following the execution of search warrants several locations in the City of Buffalo and Cheektowaga, including at 124 Fulton Street and 305 Perry Street, which are located at the Perry Housing Projects. During the searches at the Perry Housing Projects, officers recovered over 300 grams of crack cocaine and 700 grams of powered cocaine as well as a sawed-off, 9mm semiautomatic rifle that belong to Bradley.

In addition, between October 2011 and April 3, 2013, the defendant conspired with others to purchase multiple houses in the City of Buffalo using the proceeds of his crack cocaine distribution organization. As part of the money laundering conspiracy, the properties were purchased by co-defendant Nannette Brown to conceal Bradley as the true owner of the properties.

Judge Vilardo concluded that, in addition to being a leader of the organization, defendant also used a minor to commit his drug trafficking offense. Additionally, the Court also found that the defendant possessed an arsenal of firearms and ammunition, and that defendant obstructed justice by threatening multiple witnesses.  Most significantly, the Court found that defendant was responsible for the murder of Andre James on January 29, 2011.   The evidence presented to the Court established that the defendant first shot another individual in the left jaw of his face, twice in the arm, and once in the hip.  The defendant then shot James multiple times, killing him. 

The murder was investigated by the Buffalo Police Department’s homicide detectives, who obtained the shell casings and evidence necessary to connect Bradley to the murder. Bradley’s involvement in this murder prompted the initial involvement of the FBI into Bradley’s drug trafficking activities. 

To date, all 10 charged defendants have been convicted and Bradley is the final defendant to be sentenced.

Today’s sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Tunison, 30, of Olean, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that in November of 2018, Tunison used Facebook to communicate with a minor female who was less than 16 years old. The defendant sent numerous lewd images of himself to the minor and solicited the minor to produce and send various images of herself to him.

The plea is the result of an investigation by the Cuba Police Department, under the direction of Chief Dustin Burch, and the Federal Bureau of Investigation, Jamestown Office, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for August 22, 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 Adam Leone 32, of Long Island, NY, who was convicted of possession of child pornography involving prepubescent minors, was sentenced to serve 60 months in prison followed by 10 years of supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that Leone was arrested by members of the FBI on June 27, 2018, after he distributed child pornography to an undercover FBI Agent. Investigators determined the defendant’s location and executed a search warrant at his residence, where they located a computer containing child pornography. 

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Terrance Washington, 32, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, and witness retaliation, was sentenced to serve 135 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Washington was a distributor in a large-scale opioid manufacturing and trafficking organization in the Southern Tier of New York and northern Pennsylvania between 2015 and May 2017. As part of the conspiracy, the leaders of the organization, Robert Ian Thatcher and Maximillian Sams, imported bulk quantities of furanyl fentanyl, acetyl fentanyl, and U-47700 from overseas suppliers China. They ordered the drugs on what is known as “the dark web,” and used different people and addresses in New York and Pennsylvania to receive the shipments. Thatcher and Sams purchased equipment and materials – including pill presses/mechanical tableting machines, microcrystalline cellulose, lactose magnesium stearate, and powdered food coloring – which they used to manufacture tens of thousands blue pills containing furanyl fentanyl, acetyl fentanyl and U-47700. The pills were made to look like legitimate 15 milligram and 30 milligram Percocet pills.

At least two individuals – a 21 year-old female, and a 25 year-old male – died after ingesting the blue pills containing furanyl fentanyl and U-47700. In addition, at least one individual overdosed on more than one occasion after using the blue pills manufactured and distributed by the organization, but survived after being treated by first responders with Narcan.

Thatcher and Sams used residences at 604 South Lehigh Avenue in Sayre, Pennsylvania, and 665 Sawdey Road in Catlin, NY, to manufacture and process the pills for distribution. During the execution of a search warrant at the Sayre location on May 16, 2017, law enforcement agents recovered, among other things, 244 blue pills containing furanyl fentanyl, four long guns and ammunition. In addition, during the execution of a search warrant at the Catlin location on May 18, 2017, law enforcement agents recovered, among other things, materials used by Thatcher and Sams to manufacture the pills for distribution. During the conspiracy, Thatcher also possessed several firearms at the Pennsylvania location and his residence in Elmira.

After manufacturing the pills, Thatcher and Sams would distribute them in large quantities to other co-conspirators – including Washington, Jesus Rivera, Anthony Prettyman, and Dwayne Banks, a/k/a Fizzle, a/k/a Fizz – who would then distribute the pills to various street-level customers in the Elmira area.

Sams also supplied pills to an individual in the Charlotte, North Carolina area. As part of the conspiracy, Sams used co-conspirator Anthony Prettyman to transport 5,330 blue pills containing furanyl fentanyl from Elmira to North Carolina in October 2016. On October 25, 2016, in North Carolina, deputies with the Iredell County (NC) Sheriff’s Office conducted a traffic stop of the vehicle in which Prettyman was traveling. During a subsequent search, the deputies recovered and seized a paint can with a false bottom containing the 5,330 blue pills from inside Prettyman’s vehicle.

In early 2017, Thatcher arranged for a package of furanyl fentanyl, that he ordered over the dark web, to be sent to Carlito Rios, Jr. On March 13, 2017, Customs and Border Protection officers at the John F. Kennedy International Airport Mail Branch in Queens, NY, examined a United States Postal Service package addressed to co-conspirator Rios at 1015 Oak Street in Elmira. The sender was listed as an entity in China. Upon inspection, the package was found to contain approximately 249 grams of furanyl fentanyl. Sams and Thatcher intended to use the seized furanyl fentanyl to manufacture and distribute additional quantities of the blue pills. As part of the conspiracy, Rios agreed to accept the package of furanyl fentanyl for Thatcher.

On August 1, 2017, Washington was arrested in Georgia.  While in federal custody in Ohio, Washington assaulted an inmate who had been cooperating with the Drug Enforcement Administration in this investigation. Specifically, Washington struck the inmate in the head with closed fists, threw a cup at the inmate, and struck the inmate in the face with the cup.  Washington assaulted the inmate in retaliation for the inmate’s cooperation with the Drug Enforcement Administration in the investigation of Washington and several associates, including Thatcher, Sams, Banks and Rios.

In total, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses and sentenced. The other members of the organization were sentenced as follows:

• Thatcher was sentenced to serve 23 years in federal prison; • Sams was sentenced to 210 months in federal prison; • Prettyman was sentenced to 125 months in federal prison; • Banks was sentenced to 108 months in federal prison; • Rivera was sentenced to 108 months in federal prison; • Thatcher’s girlfriend, Amber Bates, who was convicted of money laundering conspiracy, was sentenced to five years probation to include six months of home detention; • Robert J. Elford was sentenced to 121 months in federal prison; • Edward Barrett was sentenced to 90 months in federal prison; • Scott Fairbanks was sentenced to 90 months in federal prison; • Dusty Pemberton was sentenced to 70 months in federal prison; • Deven Hill was sentenced to 37 months in federal prison, • Chad Smith was sentenced to 22 months in federal prison; • Jordan Jones was sentenced to 20 months in federal prison; • Carlito Rios, Jr., was sentenced to time served and three years of supervised release; and
• Isaiah McLaurin, who was convicted of witness tampering after threatening an individual working with the Drug Enforcement Administration on Facebook, was sentenced to serve 57 months in federal prison.

The sentencing is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, Community Narcotics Enforcement Team Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; the Elmira Police Department, under the direction of Chief Joseph Kane; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher. Additional assistance was provided by the Northeast Regional Laboratory.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Alonzo Bolin, a/k/a Peter Vincent, 22, of Greece, NY, pleaded guilty before U.S. District Judge David G. Larimer to making a false statement to the FBI. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.

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

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

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

Sentencing is scheduled for June 13, 2019, 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 Gabriel Murillo, 44, of San Bernadino County, California, pleaded guilty to attempted online enticement of a minor before U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum prison sentence of 10 years, a maximum of life, a lifetime period of supervised release, and a $250,000 fine. 

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that between April 2018 and February 2019, Murillo engaged in sexually explicit online conversations with an individual who he believed was a 12 year old girl living in upstate New York.  The defendant attempted to groom the child by sending her pornography, and despite acknowledging her age, requested that she meet with him for sex. On February 16, 2019, Murillo flew from Los Angeles, CA to Rochester, NY in order to have sex with the child.  Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator. 

Murillo was apprehended while disembarking a plane at the Greater Rochester International Airport on February 16, 2019, by members of the New York State Police, Homeland Security Investigations, and the Federal Air Marshal Service.

The plea is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Federal Air Marshal Service, under the direction of Supervisory Air Marshal-in-Charge William Hall. 

Sentencing is scheduled for August 6, 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 Rashawn Crule, 43, of Buffalo, NY, who was convicted of possession with intent to distribute 100 grams or more of heroin, was sentenced to serve 108 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan Tokash, who handled the case, stated that between June 2013 and September 2015, the defendant possessed with intent to distribute and distributed various illegal narcotics including kilograms of heroin, as well as fentanyl, crack cocaine and cocaine. Crule volunteered at the Saunders Community Center where DEA agents observed him leaving the center to drive to his stash house, and return to make sales. The defendant also maintained a drug-involved premises at 98 Gillette Avenue in Buffalo for the purpose of manufacturing, distributing and using these illegal narcotics. Crule also possessed a 9mm handgun. 

Crule made two sales of heroin to an individual working with the DEA. On November 2, 2015, investigators executed a search warrant and seized $74,878 in U.S. currency and a 14 karat white gold necklace form the defendant’s residence at 22 Homer Avenue in Buffalo, which represented drug trafficking proceeds. After his arrest, the defendant told agents that he previously received three kilograms of heroin from co-defendant Troy Gillon and that he could readily get five more kilograms for distribution. A second search warrant was executed at 98 Gillette Street in Buffalo where investigators seized heroin, fentanyl, crack cocaine, and cocaine. A firearm and 11 rounds of ammunition were also seized.

Troy Gillon was convicted and is awaiting sentencing.

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 New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine 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 Dr. Paul Biddle, 54, of Amherst, NY, who was convicted of identity theft and possession of unlawful hydromorphone HCL, was sentenced to two years probation by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that Biddle was an anesthesiologist and pain management doctor who also operated a medical marijuana practice. Between February 9, 2015 and October 16, 2017, the defendant was prescribing controlled substances for two deceased patients. Biddle knew the patients were deceased and used their names and dates of birth knowingly and without lawful authority to obtain controlled substances for himself.

After the death of one of the patients, Biddle wrote 10 prescriptions using the deceased patient’s name and date of birth between November 21, 2016 and October 16, 2017. All of these prescriptions were filled by a pharmacy in Tampa, FL, and shipped directly to the defendant’s home or office. After the death of the second patient, the defendant wrote 23 prescriptions using that deceased patient’s name and date of birth between February 9, 2015 and August 7, 2017. All of these prescriptions were also filled by a pharmacy in Tampa, FL, and shipped directly to the defendant’s home or office. Biddle was obtaining these prescriptions and using them himself.

The sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, Western New York Healthcare Fraud Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Department of Financial Services, under the direction of Linda Lacewell, Superintendent of Financial Services; Department of Health and Human Services, Office of Inspector General, Office of Investigations, under the direction of Special Agent-in-Charge Scott Lampert; and the Amherst Police Department, under the direction of Chief John Askey.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 29-count indictment charging Timothy Myers, 34, of Freehold, NJ, with production, receipt, and distribution of child pornography, sexual enticement of minors, and cyberstalking. The charges carry a minimum of five years in prison and a maximum penalty of life in prison, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the indictment and a previously filed complaint, between December 2016 and August 2017, the defendant pretended to be a younger male, using the names CJ Mikowski and Colin James, and targeted girls as young as 12 years old on Facebook. Myers made the girls believe they were in a romantic relationship with him and persuaded the girls to end him sexually explicit images. When the girls did not send Myers the requested images, or attempted to break off communication, the defendant threatened to expose them by distributing their pictures to other people. In the case of one victim, Myers drove the minor from New York to New Jersey for sex on two occasions. There are at least five victims identified in the Western District of New York.

Myers was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending further proceedings. 

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Cresswell, 52, Ionia, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $5,994,639.86 fine. 

Assistant U.S. Attorneys John D. Fabian and Douglas A.C. Penrose, who are handling the case, stated that between March 2017 and April 2018, the defendant was the Chief Operating Officer for Morgan Management, LLC. During that time, Cresswell conspired with others, under the direction of Robert Morgan and others, fraudulently to obtain insurance policy proceeds for repairs on properties managed by Morgan Management, LLC.

On March 27, 2017, Cresswell received an executed copy of a $2,500,000 contract for the cost of repairs at the Summerwood Apartments in Merrillville, Indiana. However, in May 2017, the defendant or other members of the conspiracy caused a false and inflated contract totaling $3,236,519, a false invoice, and a false and inflated lien waiver for repairs at the Summerwood Apartments to be sent to an insurer.

Similarly, from March to May 2017, Cresswell conspired with others to present false and inflated contracts and invoices to insurers in connection with repairs at the Eden Square Apartments in Cranberry Township, Pennsylvania. Despite being aware that repairs at the property were being completed for $174,999, the defendant or others sent inflated documents to insurers reflecting repair costs of $263,013.57.

In addition, from June 2017 to January 2018, Cresswell conspired with others to present false and inflated contracts and invoices to insurers in connection with repairs on 34 properties in and around Rochester after a windstorm that occurred in March 2017. On August 1, 2017, the defendant learned that, as of that date, the anticipated cost of the repairs was approximately $3,650,000. However, Cresswell and other members of the conspiracy planned to bill insurance companies at least $5,860,000. The profit to Morgan Management for this scheme to defraud was approximately $2,210,000. Cresswell admitted that, at Robert Morgan’s direction, he encouraged and instructed others to “grind the best you can” to get the profit for the repair work up to $2,500,000.

As a result of the false and inflated documents presented by the defendant and others, which included repairs at the Summerwood Apartments, Eden Square, and at the 34 properties impacted by the March 2017 windstorm, the total loss was $2,997,319.93.

“With the defendant’s plea today, this Office, with our partners at the FBI and FHA, have peeled back yet another layer in this extensive fraud scheme,” noted U.S. Attorney Kennedy. “Our efforts will not cease until the entirety of the fraudulent scheme is exposed.”  

Today’s plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak, Northeast Region.

Sentencing will be scheduled at a later date 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 Max Paul Riestra, 42, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and conspiracy to commit money laundering, was sentenced to serve 216 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated Riestra, a citizen of Mexico who was previously deported, utilized multiple names, including Carlos Alberto Riestra, Jesus Valdonado Castro, Jose Zamora, Jesus Ivan Riestra Delgado, in furtherance of the conspiracy. Between 2012 and March 2016, the defendant opened multiple bank accounts that were utilized by others to structure deposits from places around the United States, including Buffalo to California. Riestra and his co-conspirators, including co-defendants Jose Manuel Lua-Guizar, Gerardo Ballardo, Enrique Munoz, Pethrod Dunnigan, and Bryant Hudson, accounted for over $1,000,000 in structured deposits in Buffalo and over $10,000,000 in structured deposits nationwide during this timeframe. The defendant himself had over $1,500,000 in structured deposits made into accounts he controlled. The defendant also utilized multiple accounts to ship packages containing kilograms of cocaine from California to cities across the country including Buffalo, Denver, Chicago, and New York City

Riestra is one of seven defendants involved in an illegal narcotics operation stretching from Sinaloa, Mexico to Western New York. Law enforcement officers began investigating a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of Los Angeles, California area in 2014. All seven defendants have been convicted in this case. Defendants Enrique Munoz and Jose Manuel Lua-Guizar were also recently sentenced to 63 months each. Co-defendants Gerardo Ballardo and Presiliano Garcia are the last defendants awaiting sentencing. Garcia was a Bank of America employee who opened multiple accounts for Riestra, and others.

“This case demonstrates that the activities of the Mexican cartel have a very real impact on the lives of individuals in our Western New York community,” noted U.S. Attorney Kennedy. “I think too often the thought is that their drug trafficking is simply the stuff of television and movies and is somehow removed from the ugliness that we too often see on the streets in our community. That is not the case, and this prosecution should serve as a reminder that this Office, with our law enforcement partners, will remain vigilant in doing all that we can to protect our community from the scourge that the cartel seeks to spread throughout our country.”

The sentencings are the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California and Bank of America.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean R. Sullivan, 48, of Rochester, NY, was arrested and charged by criminal complaint with production and possession of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 40 years, and a fine of $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, the defendant was identified by the Federal Bureau of Investigation in connection with a child pornography investigation over a peer to peer network. On April 23, 2019, a search warrant was executed at Sullivan’s Twilight Drive residence in Rochester. Investigators seized multiple electronic devices including a Lancool Tower Desktop Computer, which contained 4 hard drives. A forensic examination of those hard drives revealed dozens of images and videos of child pornography.

Several of the images and videos are of a known victim (Minor Victim 1), who resided with the defendant for several years. The images appear to have been created by Sullivan and constitute child pornography. The complaint further indicates that the defendant likely drugged Minor Victim 1 to produce the images.

The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and was detained. 

The complaint is the result of an investigation led 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 James H. Bess, Jr., 63, Jamestown, NY, who was convicted of possession with intent to distribute of five grams or more of methamphetamine, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on October 2, 2016, law enforcement officers conducted a controlled purchase with the defendant. During the buy, which took place inside Bess’s vehicle, the defendant sold a quantity of methamphetamine to another individual in exchange for $800 cash. Bess was arrested at that time.

During a search of the defendant’s vehicle, officers recovered three bags of methamphetamine. Officers also searched a room at the Red Roof Inn in the Town of Ellicott, which Bess had previously rented. During that search, officers recovered two additional bags of methamphetamine. 

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 Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging George H. Moses, 50, of Rochester, NY, with two counts of making false statements to Special Agents of the FBI. The charge carries a maximum penalty of five 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 indictment and a previously filed complaint, the defendant was the Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA), which provides housing opportunities and services for the Rochester community and a board member of the Rochester Housing Charities (RHC). The RHA annually receives millions of dollars from HUD.

On March 25, 2015, defendant Moses, as Chairperson of the Board of RHA, caused that Board: (a) to appoint him as one of the three new board members of the RHC, and (b) to approve a loan by the RHA to the RHC in the amount of $300,000.

Subsequently, the RHC entered into an $87,500 one year contract with Capital Connection Partners LLC (CCP). CCP then contracted with Adam McFadden and his  company, Caesar Development LLC, executed a contract with CCP entitled the Pass Through Funding and Services Agreement, which provided that CCP would pass through 75% of the funds it received from the RHC to Caesar Development LLC.

In the course of an investigation into these contracts between RHC and CCP and between CCP and Caesar Development LLC, Special Agents of the FBI had occasion to interview defendant Moses regarding his knowledge of those contracts and payment of funds pursuant to them. As alleged in the indictment, during the course of those interviews Moses made the following materially false statements to the FBI:

• When asked how RHC learned of CCP, defendant Moses falsely stated that he could not recall specifically who brought CCP to the attention of the RHC, when in truth and in fact, defendant Moses knew that McFadden had brought CCP to his attention and to the attention of the RHC.

• When asked whether he knew if CCP had any subcontractors doing work under the RHC and CCP Contract, Moses stated that he was unaware of any sub-contractors that CCP utilized to execute the RHC and CCP Contract, when in truth and in fact, defendant Moses knew that McFadden and his company, Caesar Development LLC were allegedly performing work on behalf of CCP in connection with CCP’s contract with RHC.

• When told that Adam McFadden and his company received money from the RHC and CCP Contract, defendant Moses stated that he was surprised that McFadden and Caesar Development LLC received such money, when in truth and in fact, defendant Moses knew that McFadden and Caesar Development LLC, had received such money.

• When asked about an RHC board meeting held on May 12, 2015, defendant Moses stated he did not know who typed the minutes and the first time he saw the minutes of the meeting was at an RHA board meeting, when in truth and fact, he was aware that Adam McFadden typed and prepared the minutes which he received by e-mail on June 19, 2015, prior to an RHA meeting;

• When discussing a meeting held between CCP and the boards of the RHA and RHC on December 11, 2015, defendant Moses stated that he was surprised that McFadden was also at the meeting, when in truth and in fact, defendant Moses knew McFadden would be in attendance at such meeting.

The defendant was arraigned before U.S. Magistrate Judge Marian W. Payson and released on conditions.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.

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 Harvey, 55, of Forestville, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on May 16, 2016, the defendant possessed 37 videos and 51 images of child pornography. Some of the images included prepubescent minors, and depictions of violence.

In addition, between January 16 and May 14, 2016, the defendant exchanged text messages with another man in which they discussed child pornography. During those text exchanges, Harvey distributed and received images of child pornography.

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 17, 2019, at 9:30 a.m. before Judge Vilardo. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Anthony Gerace, 39, of Clarence, NY, with possession with intent to distribute marijuana, maintaining a drug-involved premises, and possession of firearms in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $500,000 fine.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 28, 2019, HSI special agents executed a search warrant at the defendant’s current residence at 9070 Michael Douglas Drive, Clarence Center, NY. Agents recovered multiple pounds of marijuana and other suspected marijuana products including gummy edibles and multiple pens of THC oil cartridges used for vaping; five handguns; nine rifles; hundreds of rounds of ammunition in various calibers; three cell phones; $103,360 in cash; and evidence of sports gambling. 

The indictment seeks forfeiture of the defendant’s Douglas Drive residence, and the $103,360 in cash, firearms, and ammunition seized from the residence.  

The defendant was arraigned today before U.S. District Judge Lawrence J. Vilardo and released on conditions.

The indictment 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 Amherst Police Department, under the direction of Chief John Askey; 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 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 Donald Hennings, 33, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of butyryl fentanyl and furanyl fentanyl, was sentenced to serve 33 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on three separate occasions in September and October 2016, the Hamburg Police Department conducted three separate controlled purchases of butyryl fentanyl from the defendant. In addition, in October and November 2016, Hamburg Police conducted six controlled purchases of furanyl fentanyl from Hennings.

On December 7, 2016, a search warrant was executed at the defendant’s residence on Southside Parkway in Buffalo. Officers recovered quantities of furanyl fentanyl and crack cocaine, multiple grinders, a digital scale, and blue envelopes and rubber bands commonly used to package controlled substances. Hennings was arrested inside a 2012 Chevy Traverse vehicle, which he used during several of the controlled purchases. In the door panel on the driver’s side, where the defendant was sitting, officers found an additional quantity of furanyl fentanyl.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jerry Hayes, 71, of West Seneca, NY, who was convicted of unlawfully mailing lottery tickets and related matter, was fined $1,000 by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between 2006 and November 17, 2017, the defendant participated in a scheme to mislead and defraud others. Hayes sent out circulars and solicitation letters encouraging potential participants (victims) to join a “club” and to mail items of nominal value, namely, cash, U.S. postage stamps, and/or unscratched lottery tickets, to two or more purported other “participants,” whose alleged names and addresses were listed on the circulars and solicitation letters.

The solicitation letters directed the victims, in turn, to provide their names and addresses, allegedly so that the information could be added to the top of the solicitation letters, thereby making the victim an “instant benefactor” of all future mailed letters. The defendant advertised that such participation in the club would result in an exponential number of people sending cash, stamps or lottery tickets back to the victim, hence allowing the victim to “get rich” off an initial minimal investment.

The solicitations letters further indicated that the majority of the current club participants resided in Western New York. However, the addresses listed in the solicitation letters were merely post office boxes rented by the defendant and located in Hamburg, West Falls, East Aurora, Athol Springs, Blasdell, Orchard Park, and West Seneca, New York. All of the participants named on the solicitation letters were aliases used by Hayes, and each of the names were associated with a different post office box rented by the defendant.

Hayes mailed circulars and solicitation letters to individuals throughout the United States with a return address of “THG Funding,” PO Box 872, East Aurora, NY, 14052. Each envelope was addressed by hand, and each contained a notation such as: “Christmas Club;” “Requested Material;” “Stamp Club;” or “Personal Stimulus Plan.” The solicitation letters touted in their narratives that such opportunities were an “endless circle of cash,” “make money all year,” “simple inexpensive program could make you a multi-millionaire,” and “receive monthly benefits of $15,000.00.”

As a result of the scheme, Hayes collected approximately $90,713.00 in cash and postage stamps.

The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Nelson, 63, of Tonawanda, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute crack cocaine, oxycodone, and hydrocodone within 1,000 feet of a private school. The charge carries a mandatory minimum penalty of one year in prison, a maximum penalty of 40 years, and a $2,000,000 fine.

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

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

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

The plea is the result of an investigation by the Tonawanda Police Department, under the direction of Chief Jerome Uschold and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for August 16, 2019, before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sheldon Hurley, 39, of Markham, Ontario, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between May 2007 and July 2011, the defendant conspired with Afiya Stoddart, Sherece Payne, Ashley Cain, Luna Noncent, and others to defraud loan applicants, and fraudulently to obtain money and property from loan applicants.

The scheme involved a number of individuals in Canada operating websites for fictitious financial services companies which offered to arrange loans to U.S. residents with credit problems. Applicants provided their names, phone numbers, state of residence, requested loan amount, and approximate credit scores. They were then contacted by persons posing as Company “representatives” (using fictitious names), and told that a lender would be contacted for approval. When informed that a loan was arranged, applicants were instructed to sign and return a loan agreement, provide bank account information, and pay an “insurance deposit” for the lender to process the loan. Each applicant was provided wire instructions for the lender’s “insurance deposit,” including the name of the Company representative (payee), the amount, date, and Western Union location. Hurley engaged other individuals in the U.S. and Canada to act as Company “payees.” Some traveled from Canada to the United States, picked up wired funds, and transported them back to Canada. Others, residents of the U.S., picked up funds at Western Union locations in the U.S. and sent the cash to the defendant in Canada, via DHL courier services. Applicants never received the loans, but they were often coerced into making multiple “deposits” under various pretexts.

During the course of this scheme, the defendant recruited Afiya Stoddart and Sherece Payne to travel to Western Union locations in Buffalo, NY and elsewhere to pick up funds from victims of this scheme who sent “insurance deposits” to the fraudulently established companies.

Afiya Stoddart, Sherece Payne, Ashley Cain, and Luna Noncent were previously convicted and sentenced.

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 August 27, 2019, at 11:00 a.m. before Judge Wolford. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today James A. Chapman, a/k/a Fatz Guy, a/k/a Perverted Doe, 37, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on November 24, 2014, Chapman and Victim 1 communicated via Facebook Messenger about engaging in sexual activity. During the communications, the defendant offered to pay Victim 1 and one of her friends $60 each to have sex with him. Victim 1 stated that she was 16-years-old and that her friend was the same age. Later that evening, Victim 1 and Victim 2 went to Chapman’s residence in Jamestown, and the defendant engaged in sexual intercourse with them, after which Chapman paid each victim $60.

Following the sexual activity, the defendant used his cellular telephone to take a picture of Victim 1 and Victim 2 completely nude sitting on his bed. A review of Chapman’s Facebook accounts revealed that he then distributed the photograph, which constitutes child pornography, to four other individuals.

Subsequently, on April 7, 2017, the defendant began communicating with Victim 3, who was 17-years-old, through Facebook. During their communications, Chapman requested and received a sexually explicit image of Victim 3. The defendant then sent the image, which constitutes child pornography, to another individual. In addition, Chapman sent Victim 3 the sexually explicit image he took of Victim 1 and Victim 2.

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

Sentencing is scheduled for September 16, 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 Raymond Whelan, 49, of Cheektowaga, NY, who was convicted of conspiracy to traffic in counterfeit goods, was sentenced to serve 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that between June 2015 and March 2016 the defendant operated an online automobile parts business known as Rayscarparts71.com. From this website Whelan sold counterfeit automobile air bags bearing counterfeit trademarks of Honda, Toyota, Nissan, Subaru, Mazda, Hyundai, Acura, and Mitsubishi.    The counterfeit air bags Whelan sold were obtained from co-defendant David Nichols whose role was to find Chinese supply sources.

In order to avoid detection during importation, the airbags were mislabeled or arrived unassembled.   Whelan would then assemble the air bags before selling them even though he had little to no knowledge on how to do so. The air bags were listed on eBay as genuine used airbags designed to fit Honda, Toyota, Nissan, Subaru, Mazda, Hyundai, Acura, and Mitsubishi.

During the investigation, multiple undercover purchases were made from Rayscarparts71 and airbags were seized from the defendant’s business. All the purchased and seized airbags were determined to be counterfeit and none of the automobile manufacturers authorized the defendant to utilize their trademarks.

Whelan imported and sold more approximately 360 counterfeit automobile airbags with an average manufacturer’s retail price of $650.00. The total infringement amount was $236,600.
Co-defendant David Nichols was previously convicted and is awaiting sentencing.

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 Edgar Dekay, 38, of Buffalo, NY, who was convicted of RICO conspiracy and possession of firearms in furtherance of drug trafficking, was sentenced to serve 123 months in prison by U.S. District Judge Elizabeth A. Wolford.    

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

On September 21, 2012, Dekay participated in a drive-by shooting in order to retaliate against a former KMC member who assaulted a KMC Regional President. On that date, the defendant, along with co-defendants Ryan Myrtle, Thomas Koszuta, and others, used firearms to shoot up the house of a former Kingsmen who beat up a KMC Regional President and who stole from the KMC.

On June 7, 2013, Dekay and other KMC members agreed to “shutdown” the Springville KMC Chapter because members of that chapter were loyal to the former KMC National President, who was forced out of the KMC and replaced as National President by David Pirk. As a result, the “shutdown” included Kingsmen members clubbing the former Springville KMC Chapter President victim in the head with a heavy mag light flashlight, forcibly taking property from members of the KMC Springville Chapter, and destroying evidence of the assault and robbery.  

Also, on August 3, 2013, the defendant and other KMC members, decided to conduct a drive-by shooting targeting former members of the KMC Springville Chapter. The defendant and others drove to the former Springville KMC clubhouse where the former members were gathered and fired twice towards the group who were outside. One of the shots from the shotgun struck a vehicle which was parked near where one of the targeted former KMC members was standing.

A total of 16 defendants were charged and convicted in this case, including KMC National President David Pirk and Andrew Jenkins who were each sentenced to serve multiple terms of life in prison.

Today’s sentencing is the culmination of an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Assisting in the investigation were the following: the FBI Knoxville, TN, and Jacksonville, FL Field Offices; Homeland Security Investigations; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the City of North Tonawanda Police Department; the Niagara County’s Sheriff’s Office; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.    

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Wiesner, 32, of Watkins Glen, NY, who was convicted of attempted possession with intent to distribute 50 grams or more of methamphetamine was sentenced to 130 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 May 16, 2018, a package from California was sent to the defendant at his home in Watkins Glen. Inspectors with the U.S. Postal inspection Service obtained a search warrant for the package, which was found to contain approximately 55 grams of crystal (pure) methamphetamine. Wiesner contacted the Watkins Glen Post Office on several occasions between May 16, 2018, and May 22, 2018, attempting to locate and pick up the package. On May 23, 2018, the defendant went to the Watkins Glen Post Office and retrieved a package that was filled with sham. Shortly after exiting the post office, Wiesner was arrested. The defendant admitted that he purchased the methamphetamine from the dark web, and that he intended to sell it.

The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, with assistance from the New York State Police.

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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 Jason Guck,  43, of Victor, NY, who was convicted of conspiracy to commit wire fraud and filing a false tax return for the year 2012, was sentenced to serve seven months in prison  by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that in 2001, Guck, Craig Jerabeck, and Jeb Tyler started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester, NY, which offered utility and telecommunications services, health insurance, nutritional supplements and business services. 5LINX used independent representatives to sell products and services and to recruit additional representatives.  Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and Tyler was Vice President of 5LINX.

In June 2006 and July 2006, Guck, Tyler, and Jerabeck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors").  Guck admitted in the plea agreement that from in or about May 2010 to April 2016, 5LINX sold and distributed products for a Florida vendor.  Guck, along with Tyler and Jerabeck, and without the knowledge of the Investors, Board of Directors, or other stockholders, conspired and agreed to cause the Florida vendor to pay them personally or companies they owned approximately $2,310,510, which their Stockholders Agreements prohibited them from receiving.  5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders were entitled to and should have received such funds instead of defendant, Guck, and Tyler.

Assistant U.S. Attorney Resnick further stated that Guck solely owned YaYa Holdings Corporation. Guck provided material false information on YaYa Holdings, Inc.’s federal tax returns for the fiscal years ending July 31, 2012, and 2013, and failed to file corporate returns for the fiscal years ending July 31, 2014, and 2015. In addition, for fiscal years ending July 31, 2012, and 2013, Guck failed to report income the corporation received from 5LINX.  Also, for the fiscal years ending July 31, 2014, and 2015, the corporation had income that Guck should have reported on corporate tax returns for those years. The false returns and failure to file returns resulted in a tax loss of approximately $778,718.

In addition, Guck will forfeit various assets previously seized by the government, totaling to approximately $53,000. 

Craig Jerabeck and Jeb Tyler were previously convicted and also sentenced to serve 14 months in prison.

Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal

Investigation 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 grand jury has returned a five-count indictment charging Jared Marc Brown, 23 of Lockport, NY, with one count of making a threat against the president, two counts of retaliating against a United States judge, one count of retaliating against a federal law enforcement officer, and one count of mailing a threatening communication. The charges carry a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, on March 25, 2019, the defendant made a threat to take the life of, and to inflict bodily harm upon, the President of the United States. Specifically, the defendant sent a letter to a United States Secret Service Special Agent stating, “I’m [ ] gonna kill Donald Trump with Anthrax when I get out.”

In addition, also on March 25, 2019, Brown threatened to assault and murder United States District Judge Lawrence J. Vilardo, his spouse, and a United States Secret Service Special Agent. The defendant intended to retaliate against Judge Vilardo and the Secret Service Special Agent on account of the performance of their official duties.

The indictment is the result of an investigation by the United States Secret Service, under the direction Special Agent-in-Charge Lewis Robinson.

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 Rodney Alls, a/k/a Session, 49, of Buffalo, NY, who was convicted of distribution of crack cocaine, was sentenced to serve 25 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Emmanuel O. Ulubiyo, who handled the case, stated that in May 2017, the Federal Bureau of Investigation and Lackawanna Police Department investigated the defendant for suspected distribution of crack cocaine in and around the City of Lackawanna.

On 10 occasions between May 10, 2017, and July 11, 2017, Alls sold crack cocaine to an individual working with the FBI. Each of the sales occurred at or within 1,000 feet of the Baker Homes Housing Project, a public housing facility owned by the Lackawanna Municipal Housing Authority.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lackawanna Police Department, under the direction of Chief James Michel.

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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 Russell Ruth, 34, of Lyons, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography, including prepubescent images. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.   

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

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

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

Sentencing is scheduled for August 7, 2019, at 11:30 a.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julius Hatten, Jr., 29, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny 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. Attorneys Charles J. Volkert, Jr. and Justin G. Bish, who are handling the case, stated that on August 5, 2018, Buffalo Police Officers observed a black vehicle, traveling eastbound on Winspear Avenue, violating several New York State traffic laws. Officers conducted a vehicle stop and determined that the defendant was not suitable to operate a motor vehicle. As officers attempted to secure Hatten and place him in handcuffs, he pushed them away, pulled a firearm from his waistband, began to flee on foot, and pointed the firearm in the direction of the officers. The defendant was ultimately apprehended on Highgate Avenue. The firearm was a 9mm pistol.

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

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

Sentencing is scheduled for August 14, 2019, 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 Terrence Morgan, aka Young, 24, of Rochester, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of fentanyl, 28 grams or more of crack cocaine, cocaine, and heroin. 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 Matthew T. McGrath, who is handling the case, stated that between April 2018 and August 7, 2018, the defendant was a member of a drug trafficking organization led by co-conspirators Michael Wyatt and Andre Cunningham. During the conspiracy, Wyatt would obtain quantities of fentanyl, cocaine and heroin from various suppliers, including but not limited to Ulises Vargas, who in turn was supplied by Clifford Billins, among others. After obtaining a supply, Wyatt and Cunningham supervised and directed the distribution and sale of those controlled substances to individual drug users, at various drug houses maintained for that purpose in the City of Rochester. The drug houses were operated by members of the conspiracy, including Morgan. The locations of the drug houses included 218 Emerson Street and 131 Saratoga Avenue.

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

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

Michael Wyatt, Andre Cunningham, and Ulises Vargas were previously convicted and are awaiting sentencing. Charges remain pending against Clifford Billins. 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.

Today’s plea is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.

Sentencing is scheduled for August 5, 2019, at 3:30 p.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Douglas Wood, 39, of Jamestown, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 63 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Seth Molisani, who handled the case, stated that on March 6, 2018, the Jamestown Police Department was actively engaged in a narcotics investigation operation. Investigators conducted physical and audio surveillance of the defendant and learned that Wood was in possession of a silver handgun. Investigators maintained surveillance on the defendant and alerted uniformed patrol officers who approached Wood and spoke with him briefly before he attempted to flee. Following a brief struggle, the defendant was restrained and officers recovered a loaded revolver and 14 additional rounds of ammunition.

Wood was previously convicted in 2000, in the Nottoway County Circuit Court, Nottoway, Virginia, of Grand Larceny, Unlawful Possession or Use of a Sawed-Off Shotgun, and Burglary; in 2001, in Chautauqua County Court, of Grand Larceny in the Fourth Degree; in 2004, in Chautauqua County Court, of Grand Larceny in the Fourth Degree; and in 2007, in Chautauqua County Court, of Robbery in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.

Today’s 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, 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 Nafese J. Sanford, 27, of Buffalo, NY, pleaded guilty to possession with intent to distribute crack cocaine before U.S District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on three separate occasions between July 13 and August 8, 2018, law enforcement officers conducted three controlled purchases of crack cocaine from the defendant. The purchases were conducted at the Parkview Tower Apartments, a public housing facility in Lackawanna, NY.

On August 22, 2018, law enforcement officers set up another controlled purchase with Sanford. As he arrived at the Parkview Tower Apartments, officers performed a traffic stop of the defendant after observing him commit a traffic violation. During the stop, Sanford was arrested at the scene.

Today’s plea is the result of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for August 12, 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 Luis Acevedo Rivera, 23, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with the intent to distribute, and distributing, 500 grams or more of cocaine.  The charge carries a maximum penalty of 20 years in prison and a $1,000,000.

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on May 3, 2019, at approximately 4:45 p.m., a marked unit from the Erie County Sherriff's Department initiated a vehicle and traffic stop of a Jeep Compass rental vehicle being operated by the defendant in the vicinity of 975 Hertel Avenue in Buffalo. A white plastic grocery bag was observed in plain view on the front passenger floorboard of the vehicle.

Rivera was asked for consent to search the vehicle and declined. Thereafter, following additional investigation, a search warrant for the vehicle was obtained and executed, and a quantity of suspected cocaine was recovered from the white plastic grocery bag.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Jones, a/k/a Tio, 55, of Niagara Falls, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a $5,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between October 2016 and September 29, 2017, the defendant distributed cocaine with various co-conspirators in the Buffalo/Niagara Falls area.

On three occasions in August of 2017, defendant received a combined total of two and one-half kilograms of cocaine from his co-conspirators for the purpose of distributing it. During the course of the conspiracy, Jones regularly distributed at least one kilogram of cocaine per month on behalf of the organization for which he distributed.  To date, two of Jones’ co-conspirators have been convicted, while charges remain pending against four others. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Jones is scheduled to be sentenced on September 11, 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 Derrick Washington, 41, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to serve 70 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that between January 2018 and February 14, 2018, the defendant conspired with others to sell crack cocaine. On four separate occasions during that time, Washington sold crack cocaine to an individual working with the Drug Enforcement Administration.

On February 14, 2018, investigators executed a federal search warrant at 1502 Niagara Street and seized suspected crack cocaine, two digital scales, and a SKS rifle.

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 Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief David Zack. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Alvarez, 26, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, butyryl fentanyl, was sentenced to serve 12 months in prison by U.S. District Court Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on July 27, 2017, Drug Enforcement Administration and Homeland Security Investigations Special Agents executed a search warrant on Alvarez’s vehicle. During the search, agents recovered 20 bags of butyryl fentanyl, a Schedule I controlled substance. The investigation determined that the defendant, along with his co-defendants, were staying at a hotel and casino located in Salamanca. Subsequently, law enforcement executed a search warrant in their hotel room, where agents recovered another 196 bags of butyryl fentanyl.  Alvarez also admitted selling butyryl fentanyl on three prior occasions in Salamanca in May and July of 2017.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the NYS State Police Bureau of Criminal Investigation, under the direction of Major Edward Kennedy; and the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Andre Baker, 28, of Buffalo, NY, pleaded guilty to felon in possession of a firearm before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

Officers subsequently recovered a loaded, .380 caliber pistol, on the ground next to where the defendant was standing prior to fleeing. Officers also recovered a loaded 12 gauge shotgun from the vehicle.
Baker was previously convicted of Attempted Criminal Possession of a Weapon in the 2nd degree in Erie County Court and is legally prohibited from possessing a firearm.  

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

Sentencing is scheduled for August 7, 2019, before Judge Arcara.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Raul Matos, 45, of Rochester, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years, and a $1,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that on three separate occasions between November 2017 and February 16, 2018, the defendant sold a quantity of cocaine to an individual working with the Drug Enforcement Administration.

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

Sentencing is scheduled for July 22, 2019, 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 Rhonda Henderson, 48, of Buffalo, NY, pleaded guilty to making false statements to Special Agents of the Federal Bureau of Investigation before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that on June 19, 2014, Special Agents with the Federal Bureau of Investigation interviewed the defendant during which interview Henderson stated that the title to a 1999 Honda two-door sedan had been mailed to her address. The vehicle actually belonged to Victim A, a disabled individual whom the defendant met through her employment at a local social services agency. The FBI was investigating mail fraud and whether or not Henderson engaged in a scheme to defraud Victim A of her vehicle by fraudulently obtaining a duplicate New York State Department of Motor Vehicles title.

During the course of the FBI interview, the defendant made materially false statements that:

• she did not take the title to the 1999 Honda Accord from Victim A without Victim A’s authorization; • she had Victim A’s permission to forge Victim A’s name on the DMV form “Transfer of Vehicle Registered in Name of Deceased Person” dated December 13, 2013; and
• her supervisor at the agency knew of her dealings related to the December 13, 2013, vehicle transaction; knowing that each statement was in fact false.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Motor Vehicles, Division of Field Investigation, under the direction of Owen McShane, Director of Investigations. 

Sentencing is scheduled for September 10, 2019, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Osvaldo Rivera-Amaro, 46, of Tonawanda, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to serve 46 months in prison by U.S. District Judge Elizabeth A. Wolford.

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

Iramarie Velez was previously convicted and is awaiting sentencing.

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jose Rodrigo Silva-Oliveira, 43, a Brazilian citizen living in New Jersey, was arrested and charged by criminal complaint with transporting aliens for financial gain or commercial advantage. The charge carries a maximum penalty of 10 years, and a $250,000 fine.

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that according to the complaint, on April 28, 2019, at approximately 10:05 a.m., U.S. Border Patrol received information from the Erie County Sherriff’s Department that several subjects had possibly entered the United States illegally from Canada.

The information came from a nearby resident who observed a vessel in the upper Niagara River dropping off four or more subjects on the shoreline near West River Road on Grand Island. The subjects were then observed being picked up by a dark colored sedan and headed eastbound on Staley Road. The vehicle was subsequently pulled over by law enforcement officers. The defendant was identified as the driver of the vehicle, and the passengers were identified as Marie Aparecida, Maxwell De Castro, and Andre Luiz Felix Ferreira Cunha. A fourth passenger, later identified as Alexandro Lourenco Da Silva, fled the scene but was quickly apprehended by Border Patrol Agents on Love Road.

It was determined that the four passengers had illegally entered the United States from Canada, and Silva-Oliveira had picked up all four aliens and was transporting them within the United States. All five subjects were placed under arrest.

“As efforts are made to increase security at our southwest border, it is hardly surprising that those who seek to profit by violating the law might explore new frontiers in which to perpetrate their crimes,” noted U.S. Attorney Kennedy. “The well-being of a free society is dependent the allegiance of its members to the rule of law. Hopefully, this arrest will help to send a message to those who demonstrate a willingness to disregard the rule of law in favor of earning a profit. Conduct which is criminal along the southwest border remains criminal when undertaken along the northern border.”

Defendant Silva-Oliveira made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, and was released on conditions.

The criminal complaint is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson, 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ramon Perdomo, 38, of Greece, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, and being a felon in possession of a firearm and ammunition, was sentenced to serve 135 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Katelyn M. Hartford and Sean C. Eldridge, who handled the case, stated that law enforcement officers executed a search warrant at the defendant’s residence at 164 Sheraton Drive in the Town of Greece on April 20, 2018. During the search, officers found approximately 80 grams of crack cocaine, 42 grams of powder cocaine, and $238,237 United States currency, which consisted of proceeds from the defendant’s cocaine drug sales. Officers also found a 9mm semi-automatic pistol and bullets in a closet located off the kitchen, as well as evidence of drug dealing and packaging throughout the house. At the time of his arrest, Perdomo was on probation for a prior felony conviction and was legally prohibited from possessing a firearm.

The defendant forfeited $238,237 in drug proceeds. 

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge; the Monroe County Sheriff’s Office and the Monroe County Heroin Task Force, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Chief La'Ron D. Singletary; the Gates Police Department, under the direction of Chief James VanBrederode;  and the Monroe County DA’s Office, under the direction of District Attorney Sandra Doorley.

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