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 Orlando Albert-Arroyo 24, and Genesis Tolentino-Cruz, 25, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Joshua A. Violanti, who is handling the prosecution of the case, stated that according to the complaint, in February 2019, Buffalo Police investigators began investigating the drug trafficking activities of the defendants. The investigation was initiated following a possible drug overdose death. 

In the early morning hours of February 27, 2019, first responders from the Buffalo Police Department, Buffalo Fire Department, and AMR Ambulance were dispatched to the scene of a possible drug overdose. Upon arrival, they discovered an unresponsive 24 year old male. Medical personnel attempted resuscitation efforts but the victim was declared deceased. At the scene, investigators recovered four green wax envelopes commonly used to package heroin and a plastic straw with white powder residue.

Subsequent investigation determined that the victim's girlfriend was in contact with a phone number tied to the defendant’s on the day of the victim’s death. In addition, between March 30 and April 11, 2019, Albert­Arroyo and Tolentino-Cruz sold suspected heroin to an individual working with investigators on four separate occasions.

A search warrant was executed at the defendants’ residence and two AR style firearms and a quantity of suspected heroin were recovered.

Albert­Arroyo and Tolentino-Cruz appeared at a detention hearing before U.S. District Judge Lawrence J. Vilardo and were released on conditions.

The complaint is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
 
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 Carlito Rios, Jr., 32, of Corning, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to time served and three years of supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Jordan Jones, 25, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, acetyl fentanyl, was sentenced by Chief Judge Geraci to serve 20 months in federal prison.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Jones 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 in 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. Rivera arranged for some of his friends and associates to receive packages of controlled substances from overseas on behalf of Thatcher and Sams.  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 of 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 Jesus Rivera, Anthony Prettyman, Terrance Washington, 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. In March 2016, Jones obtained a supply of pills containing acetyl fentanyl from Rivera, and distributed some of those pills to a customer in Elmira.

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.

The sentencings mark the fourteenth and fifteenth defendants to have been sentenced in this investigation:

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; 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.

As U.S. Attorney Kennedy has previously stated, “That the members of this organization sought to profit by pushing poison on addicts, is reprehensible. In my view, however, what is even more insidious about their behavior was their effort to press this poison into counterfeit pills, thereby giving their customers a false sense of security that there was some quality and dosage control associated with their manufacture.”

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; Immigration and Custom Enforcement, 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 Donald L. White, 24, of Rochester, NY, pleaded guilty to bank robbery.  The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Charles E. Moynihan, who is handling the prosecution of the case, stated that on November 16, 2016, the defendant entered the Chase Bank at 36 Genesee Street in Rochester at about 9:47 a.m. and passed the bank teller a note stating that he was serious, directing the teller not to get the attention of others, and to provide him with money. In the note, White also said he did not want a dye pack and told the teller that she had 20 seconds to comply. The teller provided the defendant with an amount of United States currency, which he took before leaving the bank. 

White also admitted to robbing the same Chase Bank a month earlier on October 11, 2016, during which the defendant displayed a similar note demanding money.

White was subsequently in Georgia where he committed additional crimes for which he is now imprisoned. 

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, as well as officers from the Rochester Police Department, under the direction of Chief La'Ron D. Singletary.
 
Sentencing is scheduled for July 17, 2019, at 4:00 p.m. before Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Wyatt, 38, of Rochester, New York, and Andre Cunningham, 25, also of Rochester, pleaded guilty, before Chief United States District Court Judge Frank P. Geraci, Jr., to conspiracy to possess with intent to distribute, and distribute, 40 grams or more of fentanyl, 28 grams or more of cocaine base, and heroin, For Wyatt, the charge carries a minimum penalty of 10 years imprisonment, a maximum penalty of life imprisonment and an $8,000,000 fine. For Cunningham, the charge carries a minimum penalty of 5 years imprisonment, a maximum penalty of 40 years imprisonment and a $5,000,000 fine.

Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that Wyatt and Cunningham were leaders of a drug trafficking organization that distributed significant quantities of fentanyl, heroin, and cocaine base throughout the Rochester, New York area. Wyatt would obtain bulk quantities of those controlled substances from various suppliers. After obtaining bulk quantities of the aforementioned drugs, 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 but Wyatt, Cunningham, and others. The locations of the drug houses included 218 Emerson Street, Rochester, New York and 131 Saratoga Avenue, Rochester, New York. At the direction of Wyatt or Cunningham, members of the conspiracy would process, break down, and re-package the controlled substances into smaller quantities to be sold to individual drug users out of 218 Emerson Street and 131 Saratoga Avenue.

The 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 Sheriff’s Office, under the direction of Sheriff Todd K. Baxter; and the Rochester Police Department, under the direction of Chief La’Ron D. Singletary.

Sentencing is scheduled before Chief Judge Geraci, Jr., for August 5, 2019, at 2:00 p.m. for Michael Wyatt, and 3 p.m. for Andre Cunningham.

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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 Marcos D. Guzman, 35, of Rochester, NY, pleaded guilty to theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon before U.S. District Judge Elizabeth A. Wolford. The charges each carry a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for July 29, 2019, at 2:00 p.m. before Judge Wolford.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Robert Fisher of Daytona, Florida pled guilty in front of the Honorable Elizabeth Wolford in connection with a 63-count indictment that was returned against him on April 3, 2018, involving a scheme to defraud Xerox Corporation of more than $20 million.  Fisher pled guilty to conspiracy to commit wire fraud, which charge carries a maximum penalty of 20 years imprisonment and a $250,000 fine.  Previously, Kyle Haynes, Jason Haynes, David Haynes (the “Hayneses”) and Bryan Day pleaded guilty to similar charges.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that Fisher’s company, RBM Imaging, was an authorized reseller of Xerox office equipment.  Kyle Haynes, Jason Haynes, David Haynes and Bryan Day own Haynes Brother Furniture in Daytona.

Xerox is located in, among other places, Webster, New York, and sells and leases office equipment, including printers directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox.  Rather than pay Xerox upfront for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers.  At no time may the end-user customers sell the toner.

Those defendants who previously pled guilty admitted that they set up a sham company, HDH Graphics, to obtain approximately sixty-three Xerox printers from Fisher.  Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints using much more toner than the industry average, which deceived Xerox into shipping approximately $25 million worth of toner to HDH Graphics. The Hayneses and Day then sold the fraudulently obtained toner for approximately $11 million to an individual in Miami, Florida, and together with Fisher, they shared the profits from the fraudulent sale of the Xerox toner.

In executing the scheme, the Hayneses and Day repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes.  They provided Xerox with false usage profiles from the printers and false print samples that made it appear that they were making millions of prints and using much more toner than the industry average for each print.     

In his plea agreement, Fisher also agreed to pay the Internal Revenue Service the amount of $192,495.42, plus interest and penalties in connection with false tax returns he filed for the years 2008 through 2013.  Fisher also agreed to forfeiture of assets that were previously seized by the government.  

This plea was the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly;  and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office.

Fisher’s next court appearance is on May 2, 2019, at 9:30 am. 

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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 Yousef Goba, 45, of Yemen, who was convicted of making extortionate threats to harm and kidnap a minor, was sentenced to serve 41 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between February 2015 and April 2015, Goba contacted an individual who resided in Western New York (the victim) through both telephone and text messages. During those communications, Goba threatened to kidnap and injure the victim’s minor child. The minor child went to Yemen with her mother in September 2013. While in Yemen, the minor child, her mother, and siblings lived with Goba for a period of time. When the mother wanted to move from Goba’s residence, the defendant refused to let the minor child leave and threatened that he would have the minor child marry a Yemeni man, if money was not paid to him. On April 8, 2015, during a call recorded by the FBI, Goba demanded that the victim pay him $11,000 as well as money for other expenses for the release of the minor child.

The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
           
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert C. Logel, 55, of Williamsville, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to wire fraud and tax evasion. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorneys Jonathan P. Cantil and MaryEllen Kresse, who are handling the case, stated that in 2009, the defendant was convicted of wire fraud for defrauding two victims out of nearly $3,000,000 and sentenced to 48 months in prison. Logel told the victims that he invested their money in various businesses when, in fact, he used the funds himself.
Within months of being released from prison, Logel entered into a scheme involving the production, distribution, and sale of two skin and healthcare products. During the course of the scheme, the defendant made false representations regarding his ability to distribute and market such products. As a result, victims, including QuadPharma, a pharmaceutical manufacturing company located in Clarence, NY, transferred funds to Logel which they believed would be used to ready the products for distribution and sale. The defendant did not, however, use the victims' money as promised. Rather, Logel used the vast majority of the funds for his personal use, including car payments, college tuition, rent for his and his girlfriend’s apartments, and cosmetic surgery. QuadPharma suffered a loss of approximately $417,120. Six other victims suffered a total loss of approximately $143,176.

In addition, the defendant failed to file income tax returns for the tax years 2004 through 2007, resulting in a loss of $5,574,837.38 to the Internal Revenue Service.

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 Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen.

Sentencing is scheduled for August 15, 2019, at 11:00 a.m. before Judge Geraci.

 

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Edgar Joel Jimenez-Rodriguez, 39, of North Tonawanda, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. 

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

Previously, beginning in May 2018, investigators intercepted numerous conversations involving the defendant discussing cocaine trafficking and the associated proceeds. Many of those conversations were with co-conspirators Garcia-Santiago and DeJesus-Gonzalez, whom the defendant supervised. On May 26, 2018, law enforcement officers stopped a vehicle driven by Garcia-Santiago with DeJesus-Gonzalez as the passenger, and found five kilograms of cocaine. The defendant directed Garcia-Santiago and DeJesus-Gonzalez to pick up this cocaine from the New York City area for distribution locally.
In September 2017, the U.S. Postal Service intercepted packages arriving from Puerto Rico and addressed to various residences in Niagara Falls. Postal inspectors seized approximately five kilograms of cocaine that were intended for the defendant and his co-conspirators. 

Charges remain pending against Jose Garcia-Santiago and Katherine Dejesus-Gonzalez. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.

Sentencing is scheduled for August 15, 2019, at 9:30 a.m. before Judge Geraci.

 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kristy Brucz, 33, of Buffalo, NY, was arrested and charged by criminal complaint with obtaining controlled substances by fraud. The charge carries a maximum penalty of four years in prison and a fine of $250,000.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, between 2015 and March 28, 2018, the defendant was an employee and office manager for a local physician (Physician-1). In that position, Brucz obtained control of the New York State issued controlled substance electronic prescribing hard token (prescribing token) and its related passwords. The defendant then issued 166 fraudulent controlled substance prescriptions—either in her own name or the name of 12 fictitious or unwitting participants—totaling 11,885 dosage units. In addition, the defendant utilized 25 different pharmacies to receive the prescriptions, and used a variety of payment methods including insurance, cash, Medicaid, Medicare, and prescription coupons. The prescriptions included alprazolam, hydrocodone, oxycodone, and phentermine.

The defendant’s scheme was discovered in March of 2018, as Brucz attempted to fill a prescription at Rite Aid Pharmacy.  The pharmacist questioned the legitimacy of the prescription and contacted the physician for whom defendant worked. That inquiry ultimately led to the discovery of defendant’s fraud and led to her being fired from her position at Physician-1's office.

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

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

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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 Myles Scales, 27, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
 
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that on November 14, 2017, at approximately 6:04 p.m., two Buffalo Police Officers observed a blue 2013 Dodge Avenger parked in the vicinity of 1310 Broadway for a few minutes and then observed it leave. Approximately 20 minutes later, the officers observed the same vehicle parked again near 1310 Broadway, where it remained for a few minutes before departing again.
 
The officers followed the vehicle to the intersection of Broadway and Miller Avenue, at which time the defendant jumped out of the front passenger door of the vehicle and shuffled through traffic to the sidewalk. The officers got out of their vehicle and approached Scales who placed his right hand into the pocket of his hoodie. Concerned that the defendant was reaching for a weapon, one the officers took the defendant’s hand and pulled it from the pocket. Scales was clutching a large plastic bundle. The bundle was actually a plastic bag containing nine bundles which contained 81 white and blue-checkered glassine envelopes of suspected controlled substances. Scales was arrested at the scene. Subsequent testing determined that the substance was butyryl fentanyl.

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

Sentencing is scheduled for August 15, 2019, at 10:00 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 Rogelio Mueses, 26, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute heroin, butyryl fentanyl, 4-fluoroisobutyryl fentanyl, and fentanyl. The charge carries a maximum of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January and May of 2018, the defendant conspired with another individual to distribute controlled substances. In particular, on six different dates, they sold controlled substances to an individual working with the Drug Enforcement Administration. Subsequent testing confirmed the presence of heroin, butyryl fentanyl, and 4-fluoroisobutyryl fentanyl, all of which are Schedule I controlled substances, and fentanyl, a Schedule II controlled substance. 

Sentencing is scheduled before Judge Geraci for July 18, 2019, at 9:30 a.m.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Oliver Kimmons, 51, of Lockport, NY, pleaded guilty to five counts of sex trafficking before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorneys Meghan A. Tokash, Douglas A.C. Penrose, and Joel L. Violanti, who are handling the case, stated that over the course of three years, the defendant solicited young, and coerced opiate-addicted women to have sex with paying customers in exchange for drugs. Kimmons drove the victims to Western New York farms, dairies, and Indian reservations where they engaged in sex acts with paying customers. The defendant collected the money from customers and then “paid” his victims in heroin. Kimmons also had sex with the victims in exchange for drugs.

The plea is the result of an investigation by the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; the Lockport Police Department, under the direction of Interim Chief Steven Preisch; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.

Sentencing is scheduled for August 26, 2019, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Laurence Savedoff, Esq., 44, of New City, NY, who was convicted of misprision of a felony, was sentenced to serve four months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Elizabeth R. Moellering and Kathleen A. Lynch, who handled the case, stated that between 2008 and 2009, the defendant represented The Funding Source (“TFS”), a mortgage bank, as the settlement attorney. The defendant’s law office was used to execute the closings for the eight real estate transactions for properties located in Bronx, NY, which involved efforts by five other individuals fraudulently to obtain mortgages that were insured by FHA on behalf of unqualified borrowers. For all eight transactions, the defendant caused the signing of the HUD-1 settlement statement and FHA Addendum to the HUD-1 knowing that the information therein was false.

Although he did not know the full extent of the scheme, the defendant became aware that others were using him to help defraud financial institutions. The defendant failed to notify authorities, including federal authorities, of these other individuals’ use of fraud to obtain funds from TFS. Furthermore, the defendant took affirmative steps to conceal the fraud by signing the HUD-1 Settlement Statement and FHA Addendum, or by having his paralegal sign them. Those documents were later forwarded by TFS, which he knew would be sent to financial institutions, including M&T Bank located in the Western District of New York. One duty of the defendant in his role as settlement attorney was to certify that the disbursements written on the HUD-1 accurately reflected the disbursements in the transactions. The HUD-1 and other financial documents were sent to financial institutions to show that the borrowers met FHA’s requirement of providing a 3-3.5% down payment. The defendant was aware that the borrowers in all eight transactions did not provide that down payment. Nevertheless, the defendant, or his paralegal at this direction, certified on the HUD-1 and in the FHA Addendum that the disbursements listed therein were accurate.  As a result of the aforementioned facts, financial institutions, including M&T Bank, purchased the fraudulently originated loans from TFS.

The total amount of the mortgage loans for these eight transactions was $4,800,007.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Haley, Sr., 63, of Dunellon, FL, and Joseph Michael Long, 40, of Maryvale, TN, who were convicted of RICO conspiracy, were sentenced by U.S. District Judge Elizabeth A. Wolford. Haley was sentenced to three years supervised release to include eight months home detention, and Long was sentenced to serve 27 months in prison.   

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that the defendants 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. 

Defendant Long, who was at various times a KMC Lake County (Florida) Chapter President, KMC Volusia County, Florida Chapter President, Tennessee Moonshine Chapter President, and regular full-patch KMC member, further admitted that, on November 30, 2016, he testified falsely and evasively about material facts before a federal Grand Jury. Specifically, Long testified falsely and evasively regarding the nature and extent of his communications with KMC National President David Pirk, KMC Florida/Tennessee Regional President Timothy Enix, and KMC Nomad Andre Jenkins; his knowledge of the circumstances in which KMC member Jimmy Ray Fritts provided a motorcycle to Jenkins to use to travel to New York in September 2014; and his knowledge about what transpired when Jenkins traveled to New York and his return to Tennessee. On September 6, 2014, Jenkins murdered Kingsmen Motorcycle Club members Paul Maue and Daniel Szymanski at the KMC Clubhouse on 322 Oliver Street in North Tonawanda, NY.  Long also admitted that he made false statements to the FBI investigating the murders.

Today’s sentencings are 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Douglas P. Beardsley, 33, and Camille Lopez, 18, both of Jamestown, NY, were arrested and charged by criminal complaint with possession with intent to distribute methamphetamine, possession of a firearm during a drug trafficking crime, and possession of stolen firearms. In addition, defendant Beardsley is charged with being a felon in possession of a firearm. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the complaint, a search warrant was executed at the defendants’ residence at 70 Forest Avenue in Jamestown. Officers recovered two firearms; $296.00 in US currency; a circular glass mirror with an unknown pill and a quantity of crystal methamphetamine; two digital scales; and a bag of Dimethyl Sulfone, which acts as a cutting agent for methamphetamine. Officers also seized 27 prepaid credit cards; three cell phones; seven live rounds of ammunition; nine spent shell casings; several packaging baggies; two calibration weights; and a case of SD cards. Subsequent investigation determined that two of the firearms recovered were stolen from a residence in Town of Ellicott in January 2019.

Beardsley was previously convicted of three felonies, including Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree, Attempted Burglary in the 3rd Degree, and Criminal Possession of a Controlled Substance in the 5th Degree, and is legally prohibited from possessing a firearm.

The complaint 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.

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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 Patrick R. McQuade, 29, of North Tonawanda, NY, who was convicted of obtaining controlled substances through fraud, was sentenced to two years probation and ordered to pay $7,793.78 in restitution to the Rite Aid Corporation. As a condition of his probation, McQuade is prohibited from employment as a pharmacist.  

Assistant U.S. Attorney Seth T. Molisani, who handled the case, stated that between January 2015 until his firing in December 2017, the defendant was employed by the Rite Aid Corporation as a New York State licensed pharmacist. McQuade was fired after an internal investigation discovered that he created fictitious patient accounts which enabled him to create fraudulent prescriptions using Rite Aid’s inventory system. After creating a fraudulent prescription, the defendant then dispensed and diverted the controlled substances for personal use.

McQuade created 20 fictitious patient profiles and 47 fraudulent prescriptions to dispense a total of 1,874 dosage units of Alprazolam, Phentermine, Cialis, and Synjardy of varying strengths. Internal investigators verified that none of the doctors listed on the prescriptions had prescribed the medications to the fictitious patients.

At the time of his arrest, the defendant was working as a Clinical Staff Pharmacist at Niagara Falls Memorial Medical Center.  

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

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

BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. announced today that Robert Roy Richmond, 55, of Batavia, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to access with intent to view child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on January 20, 2017, the defendant was observed by staff at a public library in Batavia, NY, utilizing a library computer to access the internet and view a child pornographic image. After Richmond left the library, the computer he used was seized by law enforcement. A forensic examination revealed that there were seven images on the computer which met the definition of child pornography.

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 Batavia Police Department, under the direction of Chief Shawn Heubusch.

Sentencing is scheduled for August 27, 2019, at 2:00 p.m. before Judge Wolford. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven Gasiorek, 33, of Cheektowaga, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Elizabeth Moellering, who is handling the case, state that according to the complaint, on April 10, 2019, the Fauquier County, Virginia Sheriff’s Office contacted the Cheektowaga Police Department regarding a 14 year-old-male from Virginia (Victim 1) who had been communicating through Instagram with a person utilizing Instagram account LEXIGURL1015. Victim 1, who was under the impression that LEXIGURL1015 was a teenage girl from California, sent pornographic images of himself to the account.

Subsequent investigation determined that the account belonged to the defendant, who is a substitute teacher and coach at a local high school.  A search warrant was executed at the defendant’s Lehigh Street residence this morning. Investigators seized a laptop computer that contains several images constituting child pornography. Further investigation suggests that Gasiorek has been engaged in this sort of activity for several years.

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

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

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

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 Shannon Lambert, 33, of Canandaigua, NY, was arrested and charged by criminal complaint with obtaining controlled substances by fraud. The charge carries a maximum penalty of four years in prison and a fine of $250,000.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that according to the complaint, between January 2018 and February 2019, Lambert worked at Cornerstone Eye Associates in Rochester, NY. As part of her employment, the defendant had access to an electronic prescription program which doctors at Cornerstone used to write and submit prescriptions to pharmacies on behalf of their patients. Lambert fraudulently accessed the program by logging in as a doctor who worked at Cornerstone, and then used the program to issue prescriptions for Schedule II and III controlled substances to herself and others who were not Cornerstone patients. These substances included Vicodin, Hydrocodone, and Oxycodone. Investigators reviewed prescription records and identified 73 fraudulent prescriptions issued by the defendant, totaling approximately 5,048 prescription pills. All such prescriptions were issued without the knowledge or authorization of a doctor, and were issued by Lambert without a legitimate medical purpose.   

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and was released on conditions.  Further proceedings in this case are scheduled before Judge Payson on May 10, 2019, at 9:00 a.m.

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

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

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CONTACT:  Barbara Burns

PHONE:         (716) 843-5817

FAX #:            (716) 551-3051

BUFFALO, NY--In observance of National Crime Victims’ Rights Week, April 7-13, 2019, U.S. Attorney James P. Kennedy, Jr. today recognized victims of crime and an organization that works tirelessly to assist those who are victimized. Honored today were:

• PATH (People Against Trafficking Humans) is a faith-based not-for-profit organization in WNY with a mission to end human trafficking through education, prevention, and restoration. PATH operates an Enrichment Center located in the City of Buffalo which offers therapeutic support services for women and children who are vulnerable, at risk or have been exploited through sex or labor trafficking. In addition, PATH is an active members of the Federal Human Trafficking Task Force.

• Barbara and Sigmund Szymanski have shown exceptional perseverance and determination as they deal with the tragic loss of their son who was the victim of a violent crime. Daniel “DJ” Szymanski was murdered on September 6, 2014, by Kingsmen Motorcycle Club member Andre Jenkins, at the direction of KMC National President David Pirk. Jenkins and Pirk were sentenced to serve life in prison for their convictions on RICO conspiracy.

• Also honored was the mother of a young woman lost to the opioid epidemic.  She also has shown incredible resolve and persistence as she deals with the devastating overdose death of her daughter. Defendant Dontrell Wise who sold the fentanyl which led to the death of her daughter was convicted and sentenced to life in prison.

“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured.”

“At today’s ceremony, we honor victims of three of the threats which we here at the US Attorney’s Office work tirelessly to combat each and every day—violent crime, the opioid crisis, and human trafficking,” said U.S. Attorney Kennedy.  “My message to the criminals who victimize others in our community by taking the lives of our loved ones is simple.  If you take the life of another, then be prepared to give up you own.  If you don’t believe me when I say that, then just ask Mr. Wise, Mr. Jenkins, and Mr. Pirk whether we mean it.  Each of them took the life of another.  Each of them will spend the rest of their life in jail.”

Each year in April, the Department of Justice and United States Attorneys’ offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorneys’ offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s theme is: Honoring Our Past. Creating Hope for the Future.

The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.

The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers.

More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/. You may also contact the U.S. Attorney’s Office Victim Witness Program at 716-843-5700.

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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 Barry Whitaker, 41, of Rochester, NY, who was convicted of possession with intent to distribute heroin, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 106 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Whitaker was arrested following a police investigation by the Elmira Police Department which took officers to the area of West Third Street for a call of drug-related activity.  Upon their arrival, the officers stopped a car that defendant was driving on Park Place in an area north of West Clinton Street. Smelling marijuana, officers ordered Whitaker and the other occupants out of the vehicle. Officers found a loaded .45 caliber semiautomatic pistol in the defendant’s waistband and marijuana in his coat pocket. Subsequently, officers also found Whitaker to have 75 small packages containing heroin, a bag of cocaine, and approximately $1,201.00 in United States currency.  In a backpack in the trunk of the vehicle, the officers found a plastic bag containing approximately 21 grams of heroin, as well as more heroin packaged for distribution. They also found drug packaging material and items commonly seen in drug trafficking.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Peter Breitnauer, of Kenmore, NY, who was convicted of possession of hydrocodone, was sentenced to 12 months’ probation and a $1,000 fine by U.S. Magistrate Judge H. Kenneth Schroeder.

On October 5, 2018, FBI Special Agents asked the defendant about allegations that he had been diverting prescription pills from the NYS Medication Drop Box located at the Kenmore Police Station. Breitnauer admitted that he was unlawfully using hydrocodone, a Schedule II controlled substance, and had been taking hydrocodone pills from the box for his personal use. The defendant guided agents to a closet in his office, where he had stashed more than 100 hydrocodone pills that he had diverted from the drop box.

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 Guillermo Torres-Acevedo, 23, of Batavia, NY, was arrested and charged by criminal complaint with transporting a minor across state lines for sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, state that according to the complaint, on November 29, 2018, the Genesee County Sheriff’s Office received a report regarding a missing 14 year-old girl (Victim 1). Surveillance video from Byron Bergen Junior/Senior High School showed Victim 1 exiting a school bus at the school and walking to a blue vehicle and leaving the property. Victim 1 had recently been romantically involved with the defendant. As a result of this, Torres-Acevedo was arrested and charged by the New York State Police three days prior on November 26, 2018, with 2nd Degree Rape and 2nd Degree Criminal Sex Act. An Order of Protection was also issued against the defendant.

Further investigation determined that on morning of November 29, 2018, Torres-Acevedo took his mother’s vehicle against her wishes. The vehicle matched the vehicle that Victim 1 was seen to get into in the surveillance video. As a result, an Amber Alert was issued.

Investigators traced Torres-Acevedo and Victim 1 to a truck stop in Pennsylvania. The Pennsylvania State Police were contacted and located Victim 1 and the defendant in the parking lot of a retail store. Torres-Acevedo was taken into custody, and Victim 1 was returned to her parents.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron, Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric Birkedahl, 32, of Rochester, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for July 12, 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 Michael Mitchell, 38, of Niagara Falls, NY, who was convicted of conspiracy to possess with intent to distribute 100 grams or more of heroin, was sentenced to serve 78 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan Tokash, who handled the case, stated that between June 2013 and September 2015, the defendant conspired with others sell heroin, fentanyl, and cocaine. Specifically, Mitchell received heroin, cocaine, and crack cocaine base from co-defendant Troy Gillon for distribution to other dealers in the Lockport and Niagara Falls area.

Mitchell was charged along with 16 others who were members of a transnational drug trafficking organization, led by Herman E. Aguirre, that utilized contacts and a source of supply whose territory included Mexico, Arizona, California, and elsewhere. The source of supply was the Sinaloa Cartel, led by Joaquín “El Chapo” Guzmán and Ismael “El Mayo” Zambada. was the leader of the organization. Other dispositions in the case include the following: 

• Martha Aguirre was convicted following a jury trial and is awaiting sentencing; • Juan Alfaro was convicted following a jury trial and is awaiting sentencing; • Herman E. Aguirre was convicted following a jury trial and is awaiting sentencing; • Troy R. Gillon was convicted following a jury trial and is awaiting sentencing; • Jose Ruben Gil, a/k/a Unc, a/k/a Ruben Gil Campos, a/k/a Mayor of Mexico, was convicted and is awaiting sentencing; • Sonia Hernandez, was convicted and is awaiting sentencing;   • Margaret Banuelos, a/k/a Lisa, was convicted and is awaiting sentencing; • Darryl J. Williams, a/k/a D, was convicted and is awaiting sentencing; • Trent Adair Hamilton, was convicted and is awaiting sentencing; • Demetrius Yarborough, a/k/a Tu, was convicted and is awaiting sentencing; • Rashawn Crule, a/k/a Black, a/k/a Shawn, was convicted and is awaiting sentencing; • Maulana Lucas, a/k/a Big Daddy, a/k/a Shabazz, was convicted and is awaiting sentencing; • Shirley Grigsby, was convicted and is awaiting sentencing; • Ralik Hamilton; was convicted and is awaiting sentencing; • Dion Cheatham, was convicted and is awaiting sentencing; and
• Joseph Thompson, a/k/a Jo-Jo, a/k/a Skools, a/k/a Skoolboy, convicted and sentenced.

During the course of the investigation, law enforcement officers seized over $5,000,000 worth of illegal narcotics, including 52.5 kilograms of cocaine; 17.5 kilograms of heroin; and 8.5 kilograms of fentanyl. Using standard dosage amounts, the seized drugs potentially represented over 1,500,000 “hits” of cocaine, and 2,700,000 “hits” of heroin and considering that two milligrams of fentanyl can be a lethal dose, enough fentanyl potentially to kill over four million people.

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 Lockport Police Department, under the direction of Acting Chief Steven Preisch; and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.

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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 Quondall D. Davis, 24, of Rochester, NY, was arrested and charged by criminal complaint with sex trafficking of a minor and sex trafficking of an adult by force. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, the defendant was identified by investigators during an investigation into prostitution in Rochester. Officers were told that Davis, who goes by “Hot Dog,” would place an ad on the website “backpage.com.”  Once a customer responded, “Hot Dog” would reach out to one of his girls and have them picked up by a driver. The complaint further states that “Hot Dog” would use his Facebook account to contact the girls. Following a date, the girls gave half of the profits to “Hot Dog.” Investigators also learned that girls would have sex with different guys in order to receive heroin. If the girls received heroin, they were to give all of it to “Hot Dog” but would not get any money in return.

Investigators reviewed Davis’s Facebook account and observed, among other items, a photo of a contact with the name “LongWay” with a mobile telephone number connected to an advertisement associated with prostitution in the Syracuse, NY.

The investigation has identified three minor victims and one adult victim who have been involved in prostitution activities with the defendant. 

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing on April 11, 2019.

The complaint is the result of an investigation by Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.

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 Stacie N. Yancer, 39, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that between November 2017 and June 14, 2018, conspired with others to operate a drug trafficking organization, primarily involving methamphetamine, in the Jamestown area.

On January 10, 2018, and March 8, 2018, the defendant sold methamphetamine to an individual working with the Jamestown Drug Task Force.

On March 12, 2018, a search warrant was executed at 22 Bassett Street in Jamestown. During the search, the defendant was located in the back bedroom of 22 Bassett Street, Jamestown, NY. During the search, investigators recovered quantities of methamphetamine and cocaine; and Suboxone strips.

The defendant was charged along with 14 other defendants. She is the second to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.  

Sentencing is scheduled for August 16, 2019, at 10:30 a.m. before Judge Vilardo

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Craig Lester, 32, of Buffalo, NY, with narcotics conspiracy; possession with intent to distribute, and distribution of, heroin, butyryl fentanyl, U-47700, and cocaine; and using and maintaining a drug premises. The charges carry a maximum penalty of 40 years in prison and a $5,000,000 fine.

Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that according to the indictment, between March and May 2017, the defendant conspired with others to possess and distribute multiple controlled substances, including heroin, butyryl fentanyl, U-47700, and cocaine. In addition, the defendant is accused of using 28 Echols Lane in Buffalo to store and distribute heroin, butyryl fentanyl, and U-47700. 

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on April 18, 2019, at 10:30 a.m.

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

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

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Holsey Wedlow, 65, of Sodus, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years, a life term of supervised release, and a $1,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the complaint, between September 19 and December 13, 2018, the defendant purchased cocaine on three separate occasions from individuals working with the Wayne County Sheriff’s Office and the Drug Enforcement Administration.   

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held without bail. 

The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts; and the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson. 

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 Patrick W. Carlineo, Jr., 55, of Addison, NY, was arrested and charged by criminal complaint with threatening to assault and murder a United States official. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both. 

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, on March 21, 2019, at approximately 12:20 p.m., a telephone call was received by a staff member for Minnesota Congresswoman Ilhan Omar. During the call, an individual, eventually identified as the defendant, stated to the staff member, “Do you work for the Muslim Brotherhood? Why are you working for her, she's a (expletive) terrorist. I’ll put a bullet in her (expletive) skull.”

After receiving the call, the threat was referred to the United States Capitol Police, Threat Assessment Section, who began an investigation in coordination with the FBI.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and is being held pending a detention hearing on April 10, 2019, at 10:30 a.m.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the United States Capitol Police, under the direction of Matthew R. Verderosa. 

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 Devonte Mitchell, 21, of Rochester, NY, who was convicted of possession with intent to distribute fentanyl, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 75 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated the defendant’s arrest followed a search of his residence by the Monroe County Probation Department. During the search, probation officers recovered a quantity of fentanyl packaged for sale and a loaded firearm. At the time of his arrest, Mitchell was on probation for a Criminal Possession of a Controlled Substance in the Fifth Degree conviction. 

The sentencing is the result of an investigation by the Monroe County Probation Department, under the direction of Chief Probation Officer Larry Mattle, the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Isiah Pierce, 35, of Buffalo, NY, who was convicted following a federal jury trial of possession with intent to distribute crack cocaine, possession with intent to distribute cocaine, fentanyl, and butryl fentanyl, maintaining a drug involved premises, possession of firearms in furtherance of drug trafficking activities, and being a felon in possession of firearms and explosives, was sentenced to serve 168 months by U.S. District Judge Lawrence J. Vilardo, Jr.

Assistant U.S. Attorneys Laura A. Higgins and Paul E. Bonanno, who handled the case, stated that between November 2016 and December 1, 2016, Pierce and co-defendant Larry Willis utilized two apartments inside 70 Henrietta Avenue in Buffalo to manufacture, package, and store quantities of crack cocaine, heroin, cocaine, fentanyl, and butyryl fentanyl, along with the proceeds for sale of such controlled substances. To protect their product and their proceeds, the defendants maintained multiple firearms and ammunition within each of the apartments.

During the execution of a search warrant in the lower apartment at 70 Henrietta Avenue, officers recovered crack cocaine, three firearms and ammunition, a digital scale with drug residue, packaging material, whisks, spoons, and cutting agents. A subsequent search of the upper apartment uncovered additional amounts of crack cocaine, a mixture of heroin and butyryl fentanyl, three handguns and numerous rounds of ammunition.

Defendant Willis was also convicted at trial and was sentenced to serve 210 months in prison.

The sentencing is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, and the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Billy D. Henderson, 39, and Denise Porter, 31, both of Buffalo, NY, were arrested and charged by criminal complaint with: possession with intent to distribute controlled substances; distribution of controlled substances; maintaining a drug involved premises; and manufacturing controlled substances creating a substantial risk of harm to human life. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.  

Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that according to the complaint, on April 3, 2019, members of the Erie County Sheriff’s Office Narcotics Squad and the Buffalo Police Department Narcotics and Intelligence Squads executed a state search warrant at 50 Newton Street in Buffalo. Officers seized a large quantity of suspected fentanyl; a digital scale with narcotics residue; a drug press; approximately $7,000 in United States currency; ammunition; packaging material for narcotics distribution; and a heat sealer.

The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being held pending a detention hearing in April 8, 2019, at 10:00 a.m.

The complaint is the culmination of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; 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. - James P. Kennedy, Jr. today that announced today that two more members of the Kingsmen Motorcycle Club (KMC), who were convicted of RICO conspiracy, were sentenced by U.S. District Judge Elizabeth A. Wolford. Thomas Koszuta was sentenced to serve 57 months in prison, and Robert Osborne was sentenced to time served and three years supervised release.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that the defendants 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. 

Defendant Koszuta further admitted that the Kingsmen operated by a strict chain of command serving under the direction of Kingsmen National President, David Pirk. On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. While others possessed firearms, the defendant struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood. Also, on August 3, 2013, the defendant and other Kingsmen members conducted a drive-by shooting targeting former Springville Kingsmen members. Two shots were fired from a shotgun, one of which struck a vehicle parked near one of the targeted victims.

Defendant Osborne was at various times a KMC Olean Chapter President, Vice President, and regular full-patch KMC member. In September 2014, he erased video footage that showed member Andre Jenkins inside the Olean Chapter clubhouse both days before and after Jenkins murdered KMC members Paul Maue and Daniel "DJ" Szymanski behind the North Tonawanda Chapter clubhouse on September 6, 2014.

In December 2014, Osborne and Emmett Green assaulted a fellow KMC member by punching the victim repeatedly for violating KMC rules by stealing money from the Olean Chapter clubhouse.

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 sentencings are the culmination of an investigation led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the North Tonawanda Police Department; the Niagara County Sheriff’s Office; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier

Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sheila Offor, 41, of Scarborough, 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 is handling the case, stated that between July 2005 and May 2011, the defendant and others conspired to defraud individuals seeking loans and to obtain money from these individuals seeking loans.

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

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

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

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

Sentencing is scheduled for July 24, 2019, at 1:00 p.m. before Judge Wolford.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Alonzo Bolin, a/k/a Peter Vincent, 22, of Greece, NY, was charged by criminal complaint with making a false statement to the FBI. The charge carries a maximum penalty of five years in prison.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, in March 2019, the FBI began investigating the defendant for potential federal civil rights and firearms violations.

The FBI obtained records relating to a Facebook account utilized by Bolin under the alias “Peter Vincent.” Those records revealed that the defendant belongs to multiple Facebook groups, such as Skinheads CZ/SK, which includes members who currently and historically have expressed support for a white supremacist ideology.  In March of 2019, Bolin, in posts and messages, made statements consistent with white supremacist ideology and referenced the attacks on two mosques in Christchurch, New Zealand, which killed 50 worshippers and civilians, and injured 50 others.

On March 30, 2019, the FBI interviewed the defendant. The complaint states that Bolin admitted to sharing the video of the Christchurch attacks and the link for the gunman's manifesto but denied ever possessing a gun while in New York State. During a subsequent search of a bedroom and storage closet that Bolin is renting at a residence in Greece, investigators recovered a firearm and ammunition.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Zak, 41, of Buffalo, NY, who was convicted of receipt of child pornography, was sentenced to 72 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in September 2015, Federal Agents searched Zak’s residence after determining he had accessed a site on the dark web dedicated to the exploitation of children. Agents seized various electronics, and a forensic examination revealed that the defendant was in possession of over 100,000 images and videos of child pornography.  Zak was released on bail, and in March 2017, was again found in possession of over 500 images of 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Errick Roseboro, 25, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to being a person prohibited from possessing a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

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

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

Sentencing is scheduled for August 19, 2019, before Judge Vilardo.

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

BUFFALO, N.Y. - James P. Kennedy, Jr. today that announced today that four members of the Kingsmen Motorcycle Club (KMC), who were convicted of RICO conspiracy, were sentenced by U.S. District Judge Elizabeth A. Wolford:

• Jimmy Ray Fritts was sentenced to serve 87 months in prison; • Filip Caruso was sentenced to serve 70 months in prison; • Ryan Myrtle was sentenced to time served, three years supervised release to include six months home detention, and 150 hours of community service; and
• Emmett Green was sentenced to time served and two years supervised release.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that the defendants admitted to being members 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 witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence. 

Defendant Fritts was at various times a KMC Tennessee Moonshine Chapter President. Fritts worked with other KMC members, including Andre Jenkins, to obtain cocaine from a bar in Deland, Florida, and he distributed cocaine in KMC clubhouses and at KMC events in Tennessee, Florida, New York, and Pennsylvania. Fritts also possessed a cache of firearms, to include handguns, rifles, and shotguns.
On July 15, 2015, Fritts testified falsely and evasively about material facts before a federal Grand Jury in the Western District of New York, specifically regarding: the circumstances under which he loaned his motorcycle to Andre Jenkins, a/k/a Little Bear, to travel from Tennessee to New York; what other person was with him when he loaned his motorcycle to Jenkins; where he was when he provided the motorcycle to Jenkins; the circumstances under which Jenkins traveled back to Tennessee from New York to return his motorcycle; whether Jenkins was threatened upon his return to the KMC Tennessee Chapter; and who he met with, and what was discussed, the night before his federal Grand Jury testimony on July 15, 2015.

Fritts further admitted that his participation in this conspiracy included his agreement that acts involving murder would be committed by members of the KMC. Specifically, the defendant met with David Pirk, Andre Jenkins, and "Drifter" in the Tennessee KMC Chapter clubhouse and discussed and agreed that Andre Jenkins was going to travel from Tennessee to New York to commit the murder of Filip Caruso and to investigate "leakers" within the KMC suspected of providing information to rivals. Prior to this meeting, Fritts provided a loaded 9mm Glock semi-automatic firearm to Andre Jenkins. On September 6, 2014, Andre Jenkins shot and killed KMC members Paul Maue and Daniel Szymanski behind the North Tonawanda Kingsmen Clubhouse on Oliver Street in North Tonawanda, NY. Jenkins, in committing the murders, was acting under the direction and supervision of David Pirk, who authorized the murders. Following the murders, Fritts made arrangements to help Jenkins flee New York and return to Tennessee.  

When Jenkins returned to Tennessee on September 7, 2014, the Tennessee KMC members, who at that time were unaware that Pirk had sanctioned the murders of Maue and Szymanski, were armed with firearms and prepared to kill Jenkins until David Pirk, while speaking on the phone with the Tennessee KMC members, directed the Tennessee KMC Moonshine Chapter members to "stand down" and not harm Jenkins. As time went by, eventually one of the Tennessee KMC members, D.S., who was present when Jenkins returned from New York to Tennessee, was kicked out of the KMC Tennessee Chapter for using heroin, a drug prohibited by the KMC. The KMC determine that D.S. was compromised and should be killed because of the incriminating information he possessed regarding the KMC's role in the murders and Paul Maue and Daniel Szymanski. Fritts and other Tennessee KMC Chapter members agreed to kill D.S., provided Jenkins with a firearm, and instructed Jenkins to kill D.S. Jenkins agreed to kill D.S. Jenkins was subsequently arrested in the State of Georgia with the firearm provided to him by members of the Tennessee KMC Chapter on about October 10, 2014.

Defendant Caruso, a/k/a Filly, was a member of the KMC at various times between 2009 and mid to late August of 2014. In January 2014, Caruso and another KMC member from the Western District of New York traveled to Florida. While Caruso was in Florida, David Pirk and Timothy Enix, KMC Florida Regional President, wanted his help to retrieve KMC property that was in the possession of former KMC members who had jumped patch to a rival motorcycle club in Florida. KMC members, including Caruso, Pirk, Enix, Andre Jenkins, and others obtained and possessed various firearms and engaged in discussions about how to retrieve their property from the former KMC members. During the course of these group discussions, it was agreed upon that they would recover their property by any means necessary, which included killing or kidnapping the former KMC members in order to get back KMC property. In August 2014, Caruso and another KMC member punched and struck a fellow KMC member with a pool cue inside the Niagara Falls Chapter clubhouse.

On June 7, 2013, KMC forcibly shut down the Springville Chapter and stripped members of their colors because they were deemed non-compliant. Defendant Myrtle participated in the forced shutdown during which other KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood. In addition, on September 21, 2012, Myrtle participated in a drive-by shooting in order to retaliate against a former KMC member who assaulted a KMC Regional President.  On that date, two car loads of KMC members, including the defendant, drove to the residence of the person in the Riverside section of Buffalo and opened fire at the residence.  No injuries were reported.

In December 2014, defendant Green and co-defendant Robert Osborne, Jr., and others, assaulted a former Kingsmen for breaking club rules by punching the victim repeatedly in the body and chest and knocking him to the ground. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marc I. Korn, 62, of East Amherst, NY, who was convicted of bank theft and willful failure to pay tax, was sentenced to serve 18 months in prison by Senior U.S. District Judge William S. Skretny. The defendant will also pay over $2,500,000 in restitution to three different private entities along with approximately $850,000 to the Internal Revenue Service.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that Korn was the former owner of the Batavia Nursing Home in Batavia, NY, and the Fairchild Manor Nursing Home in Lewiston, NY. The defendant committed bank theft in connection with his actions concerning a credit card and loan from Fifth Third Bank. He also failed to pay over employment taxes related to his nursing homes over three quarters in 2009.

In 2008, Korn sought a loan to refinance the Batavia Nursing Home from Fifth Third Bank. In June 2008, Fifth Third Bank provided $3,900,000 to refinance the nursing home and provided the defendant with a credit card. As part of the application for the loan, Korn submitted a personal financial statement and guaranty on which the bank relied when underwriting the loan. The statement contained numerous falsehoods, including the overvaluation of his primary residence. The defendant stated that the property was valued at $1,465,000 when, at the same time, he was contesting its value with the Town of Amherst for purposes of property taxes, alleging it was worth between $500,000 and $550,000. Additionally, Korn provided the bank with statements of bank accounts that he claimed to own. However those statements also contained falsehoods – including one statement in which the defendant claimed ownership of an account containing $50,000 in February 2008, when the account actually contained $1.00 and belonged to someone else. The loan and payments on the credit card went into default, and Fifth Third Bank lost more than $2,400,000.

Prior to March 2009, for both Batavia Nursing Home and Fairchild Manor Nursing Home, Korn used a service to collect and pay over employment taxes owed. However, beginning in March 2009, the defendant ceased using the service and subsequently intentionally failed to pay to the IRS employment taxes owed for the second, third and fourth quarters of 2009.  Instead of paying the taxes owed to the IRS, Korn spent the funds on personal expenses including restaurants, hockey tickets, jewelry, and to pay his children’s college tuition.

Today’s 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 Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.

 

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Scott Washington, a/k/a Body, a/k/a Addy, 31, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute 100 grams or more of heroin, was sentenced to serve 10 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr. Washington was also ordered to forfeit a .40 caliber handgun and rounds of ammunition.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Washington and other members of the conspiracy were responsible for distribution of heroin obtained in Trenton, NJ that was transported to Wilkes-Barres, Pennsylvania, where the heroin was stored, processed, and packaged before being transported to Elmira, where it was sold through multiple distributors in the Elmira area. 

On September 28, 2016, law enforcement officers arrested Washington, along with Israel Cedeno-Martinez, Mark Jones, Jr., Mark Jones, Sr., a/k/a Pimp Juice, a/k/a Juice, Marcel Jones, a/k/a Cell, a/k/a Bug, Andrew Woodhouse, a/k/a Woody, and Tanner Rios, a/k/a Ree, on federal narcotics conspiracy charges. That same day, officers raided numerous locations in Elmira, Wilkes-Barre, and Cedeno-Martinez’s residence in Trenton. During the course of the investigation, officers seized six handguns, numerous rounds of ammunition, paraphernalia for the processing and packaging of heroin, over $9,500 in U.S. currency, and over 600 bags of heroin packaged for street sale.
 
All seven defendants have been convicted and sentenced.

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, under the direction of Major Eric Laughton; the Elmira Police Department, under the direction of Chief Joseph Kane; the Chemung County District Attorney’s Office, under the direction of Weedon Whetmore; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge John B. Devito; the Elmira Heights Police Department, under the direction of Chief  Robert N. Hauptman; the Horseheads Police Department, under the direction of Chief Thomas Stickler; and the Chemung County Sheriff’s Department, under the direction of Acting Sheriff William A. Schrom.

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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 O. Felix, 38, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession with intent to distribute 100 grams or more of heroin, and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.

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

The 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 31, 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 Alexander Green, 33, of San Francisco, CA, and his brother Charles Green, 30, of Long Island City, NY, who were convicted of conspiracy to possess with intent to distribute, and to distribute, 50 kilograms or more of marijuana and conspiracy to commit money laundering, were sentenced to serve 48 months and 27 months respectively in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that between January 2010 and March 2014, Alexander Green obtained significant quantities of marijuana from the State of California and was shipping allotments to his brother Charles Green in New York City. Once the marijuana arrived on the East Coast, marijuana was subsequently transported upstate for distribution to customers in the Rochester area. The marijuana was transported either by Charles Green or by several individuals working on his behalf. Both defendants admitted that at least 100 kilograms of marijuana was involved in their drug trafficking enterprise. Charles and Alexander Green set the pricing of the marijuana. Once the marijuana was received in Rochester, it was then distributed to various customers located in the Rochester area.

As part of the investigation, law enforcement officers seized $221,344 from Alexander Green. Specifically, $1,100 in cash was seized from Alexander Green in March 2011 in Jackson County, Oregon, along with five pounds of marijuana from the car he was driving; $99,914 in cash was seized from a car in which Alexander Green was a passenger in November 2013 in Ukiah, California; and $120,330 in cash was seized from Alexander Green at the San Francisco Airport in January 2014. Those sums of currency, totaling $221,344, were forfeited as marijuana trafficking proceeds, as was $50,000 surrendered by Alexander Green and $50,000 surrendered by $50,000 by Charles Green prior to their sentencings. In total, $321,344 in drug proceeds was forfeited by the defendants.          

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

 

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

ROCHESTER, N.Y.  U.S. Attorney James P. Kennedy, Jr. announced today that John Kohlmeier, 38, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to coercion and enticement of a minor. The charge carries a mandatory minimum penalty of 10 years in prison, and a maximum of life.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that between February 2018 and March 19, 2018, the defendant and co-defendant Bonnie Hughes sexually abused a 10-year-old girl. During that time, Kohlmeier and Hughes together engaged in illegal sexual contact with the minor victim on numerous occasions. These instances of abuse occurred at 130 Milford Street in Rochester, always with Hughes present and, in some instances, participating.

Hughes took two sexually explicit pictures of the minor victim using the minor victim’s cell phone and sent them to Kohlmeier.

Also between February 2018 and March 19, 2018, the defendant used a cell phone to entice and attempt to entice the minor victim into have sexual conduct with the defendant by texting with Hughes. In addition, on March 19, 2018, forced the minor to engage in a sexual act.

Kohlmeier was recently convicted in New York State Court. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Greece Police Department, under the direction of Chief Patrick D. Phelan, and Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

Sentencing is scheduled for June 24, 2019, at 9:15 a.m. before Judge Siragusa.  

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Scott Wilbert, 47, of Rochester, NY, pleaded guilty before U.S. Magistrate Judge Jonathan W. Feldman to possession of child pornography. According to the plea agreement, the defendant will be sentenced to serve 15 years in prison.

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

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

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

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

Sentencing will be scheduled at a later date before U.S. District Judge David G. Larimer.

 

 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derek Carlson, 30, of Lafayette, Indiana, who was convicted of distribution of child pornography, was sentenced to serve 10 years in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that on September 28, 2017, the defendant sent a private message via Kik Messenger, to an undercover officer containing images of child pornography, including a prepubescent child involved in a sexual situation with an adult. During the following months, Carlson continued to send the undercover officer similar images and videos containing child pornography. Some of the videos and images depicted prepubescent children engaged in sexual conduct with adults, and children subjected to violent abuse.

On April 25, 2018, law enforcement officers executed a search warrant at the defendant’s residence and seized multiple electronic devices, which contained approximately 320 videos and 452 images depicting child pornography.

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

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 Girven, 37, of Sugar Run, Pennsylvania, who was convicted of attempted receipt of child pornography, was sentenced to serve 70 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between June 2017 and July 31, 2018, the defendant contacted an undercover New York State Police Investigator posing as a 13-year-old minor female using an online social networking application. Girven and the agent engaged in conversations, some of which were sexual in nature. During this time period, the defendant received child pornography.
 
On July 31, 2018, the defendant traveled to Horseheads, NY to meet who he believed was the 13-year-old minor female.

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

 

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 C. McFadden pleaded guilty to wire fraud and filing a false tax return before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that McFadden was a member of the Rochester City Council, while co-defendant George H. Moses is the former 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), an entity that was formed and created to advance the purposes of RHA.

Prior to May 12, 2015, McFadden contacted Capital Connection Partners LLC (CCP), an alleged consulting firm in Washington D.C., to discuss RHC hiring CCP to provide RHC with various services. McFadden advised CCP that he would provide most of the services required by RHC as a subcontractor and that he wanted CCP to act merely as a pass through, meaning, he wanted CCP to pay to him most of the funds CCP received from any future contract with Rochester Housing Charities. McFadden discussed this arrangement with co-defendant George Moses.

On May 15, 2015, McFadden emailed CCP a draft of the contract he wanted CCP to enter with RHC along with a draft of the pass-through agreement he wanted to enter into with CCP. On May 28, 2015, McFadden emailed these drafts to George Moses as well.

On June 19, 2015, McFadden created minutes of an RHC board meeting held on May 12, 2015. The minutes falsely stated: that RHC had contacted three vendors by telephone; that a Request for Qualifications was sent to the three vendors; that the three vendors provided bid proposals containing amounts; and that RHC selected CCP as the winning bidder. On July 7, 2015, RHC entered into a one-year $87,500.00 contract with CCP.

On July 8, 2015, the defendant, on behalf of 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 RHC to Caesar Development LLC.

On August 3, 2015, the RHA, on behalf of RHC, wire transferred a first installment payment of $43,750.00 from Rochester to CCP in Washington, D.C. On August 8, 2015, CCP paid $32,812.50 to Caesar Development LLC in Rochester, which represented 75% of the funds CCP received under the terms of its contract with RHC.

On December 18, 2015, McFadden prepared and emailed to CCP inserts which were to be placed on a revised CCP invoice that was to be sent to the RHC. Those inserts falsely alleged that CCP had performed certain services under the contract. Specifically, the inserts falsely alleged or grossly exaggerated that CCP had, among other things, provided the following services: prepared and submitted multiple grants for local funding; researched laundry business development; researched summer and after-school program development for school aged children; provided administrative support to RHC for nine months; and created a partnership with The Roberts Companies to manage cell lease buyout negotiations.

A revised invoice containing the inserts was sent to RHC, and as a result, RHC, on December 24, 2015, transferred the final installment payment totaling $43,750.00 from Rochester to CCP in Washington, D.C. On December 26, 2015, CCP wire transferred $32,812.50 from Washington, D.C. to Caesar Development LLC, which represented 75% of the funds CCP received under the terms of the contract between RHC and CCP.

In addition for the tax years 2015 through 2017, McFadden provided false information on his personal tax returns. McFadden reported false deductions, including personal expenses, on his Schedule C, which falsely reduced his taxable income. For example, McFadden reported rent expense as deductions on each return when in fact he had not paid rent. The reduction in the defendant’s taxable income resulted in the approximate tax loss of $46,865.

“Dishonest and self-indulgent people have no place in elected office at any level of government,” stated U.S. Attorney Kennedy. “Individuals like Mr. McFadden seem to forget that ‘public service’ is not synonymous with ‘public-money self-service.’ This Office will continue to seek out and to bring to justice those public officials who elevate their own personal financial interests above the interests of the public that they serve.”

“Today's plea doesn't mean our work is done, the FBI and our partners remain committed to routing out public corruption in Rochester and throughout the Western New York community,” said Supervisory Special Agent Jeremy Bell. “We ask public officials everywhere to think twice before abusing the community's trust.”

HUD OIG Special Agent-in-Charge Geary stated, “At such a critical time for the Department of Housing and Urban Development, with programs that are vital to the well-being of so many in our communities, it is critical that those entrusted to public service are completely dedicated to those in need. The HUD Office of Inspector General is committed to partnering with Federal prosecutors and fellow law enforcement to aggressively pursue those engaged in activities that harm HUD’s Public Housing programs.” 

“Today’s plea illustrates IRS Criminal Investigation’s commitment to holding public officials accountable for undermining the tax laws of the United States and violating public trust”, said Acting Special Agent-in-Charge Jonathan D. Larsen. “The deliberate failure of Mr. McFadden to report and pay taxes on income through the use of fraudulent deductions is a serious matter and cannot be tolerated by the IRS or the public he has a duty to serve.”
              
Charges remain pending against co-defendant George H. Moses. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.

Sentencing is scheduled for June 27, 2019, at 3:00 p.m. before Judge Wolford.

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Erick Pizarro, 37, of Buffalo, NY, who was convicted of possession of firearms in furtherance of a drug trafficking crime and being a felon in possession of a firearm, was sentenced to serve 84 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on June 9, 2015, the Buffalo and Lackawanna Police Departments a search warrant at the defendant’s Schuele Avenue residence. Officers recovered bags of heroin, a digital scale with heroin residue, a sifter with heroin residue, a spoon with heroin residue, a bottle of cutting agent, ammunition, and a loaded firearm.

On April 9, 2003, Pizarro was convicted of Attempted Robbery in the Second Degree in Erie County Court and sentenced to 30 months in prison. As a result, he is legally prohibited from possessing a firearm.
 
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Lackawanna Police Department, under the direction of Chief James Michel.