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 Fuwad Twalib Nassir, 29, of Mombasa, Kenya, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to making a material false statement to law enforcement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on April 2, 2018, the U.S. Department of State granted the defendant a C-1/D Crewmember in Transit visa in order for Nassir to work aboard a cruise ship that intended to dock in the United States. Among other conditions, a C-1/D visa holder must abide by the employer’s terms and conditions in order to possess a valid visa.

On October 4, 2018, while working aboard the cruise ship, the defendant entered the United States in Port Canaveral, Florida via the visa. However, on October 21, 2018, the U.S. Department of State cancelled Nassir’s visa after he failed to return to work on the ship. A few days later, on October 23, 2018, U.S. Customs and Border Protection officers encountered the defendant as he attempted to enter Canada at the Niagara Falls port of entry. Nassir was taken into custody.

Subsequently, on October 25, 2018, and again on January 22, 2019, during interviews with the Federal Bureau of Investigation, the defendant stated that after he failed to return to the boat in Port Canaveral, he paid a stranger to drive him from Florida to Niagara Falls. The FBI’s investigation determined, however, that Nassir unlawfully traveled from Florida to New York with three individuals, all of whom were familiar to him. 

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 U.S. Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.  

Sentencing is scheduled for August 5, 2019, at 9:30 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Delisio, 47, of Rochester, NY, pleaded guilty to possession of heroin with intent to distribute and possession of a firearm and ammunition by a convicted felon before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 fine.

Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that the defendant sold heroin between September 29, 2017, and April 11, 2018 to individuals working with the Drug Enforcement Administration. Delisio was arrested on April 11, 2018, following a vehicle stop. The defendant had approximately $34,650 in cash in his possession and officers found a bottle in the vehicle containing residue of suspected heroin, scales which are commonly used to process narcotics for distribution, and a .22 caliber Ruger handgun.

During a subsequent search of Delisio’s residence, officers recovered three more firearms and ammunition. The defendant was previously convicted in Wayne County Court in 2013 of Criminal Possession of a Controlled Substance in the Fourth Degree; in 2009 of Criminal Sale of a Controlled Substance in the Fifth Degree; and in 2002 of Burglary in the Third Degree. As a result, Delisio is legally prohibited from possessing a firearm and ammunition. 
 
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts.

Sentencing is scheduled for June 26, 2019, at 4:00 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 Felix Calderon-Valcarcel, 28, of Orchard Park, NY, was arrested and charged by criminal complaint with possession with the intent to distribute, and distribution of, five kilograms or more of cocaine, maintaining a drug-involved premises, possessing of a firearm in furtherance of a drug trafficking crime, and possessing of a firearm as a convicted felon. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, in September of 2018, members of the U.S. Postal Inspection Service intercepted a suspicious parcel of mail addressed to 179 East Abbott Grove Avenue in Orchard Park, NY, which is the defendant’s residence. On September 24, 2018, inspectors executed a federal search warrant of the parcel which was determined to contain cocaine. In February 2019, another suspicious parcel addressed to 179 East Abbott Grove Avenue in Orchard Park was intercepted, and again it contained suspected cocaine.

On March 26, 2019, investigators approached Calderon-Valcarcel who was in a silver Toyota Camry parked near the intersection of Stevenson Street and Cumberland Avenue in Buffalo. The defendant was observed counting a large quantity of U.S. currency. Calderon-Valcarcel was taken into custody. During a search of the car, investigators recovered a kilogram of suspected cocaine in the trunk of the vehicle.

Subsequently, a search warrant was executed at the Calderon-Valcarcel’s East Abbott Grove Avenue residence. Seized during the search warrant were four kilograms of suspected cocaine and a 9mm caliber handgun.

The defendant was previously convicted in 2015 in Erie County Court of Criminal Possession of a Controlled Substance in the Second Degree, a Class A-II felony. As a result, Calderon-Valcarcel is legally prohibited from possessing a firearm.

The defendant will make an initial appearance on March 28, 2019, at 11:00 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.

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 U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; The Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Orchard Park Police Department, under the direction of Acting Chief E. Joseph Wehrfritz; the Lackawanna Police Department, under the direction of Chief James Michel; and the Hamburg Police Department, under the direction of Chief Gregory Wickett.

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 the criminal complaint against Delshawn K. Trueheart, 43, of Buffalo, NY, has been amended to include an additional charge of production of child pornography. The defendant was arrested and charged by criminal complaint on March 20, 2019, with possession of child pornography. Production of child pornography carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the amended complaint, on March 26, 2019, investigators reviewed an SD card seized from Trueheart’s residence during the execution of a federal search warrant.  The SD card contained a video showing minor victim 1 naked in the defendant’s East Delavan Avenue photography studio while Trueheart took video of her.

Investigators also reviewed a thumb drive, which was seized at the photography studio during the execution of a federal search warrant. The thumb drive also contained a video which showed minor victim 1 and minor victim 2 removing their clothing and engaging in a sexual act. The video also contained other incidents of sexual activity involving the minor victims.

In March 2019, minor victim 1 reported to the Buffalo Police Department that Trueheart had a sexual relationship with her while she was between 15 and 17 years of age. Minor victim 1 stated that she had sexual relations with him at both his residence and his photography studio. The victim also reported that Trueheart took nude images of her and recorded them engaged in sexual intercourse.

A detention hearing is scheduled for March 28, 2019, at 9:30 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.

The amended criminal complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Buffalo Office of 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 Marcos 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 charges carry a maximum penalty 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 of 2018 and May of 2018, the defendant and others conspired to distribute amounts of controlled substances. Specifically, on six separate occasions, Mueses and others sold amounts of controlled substances to an individual working with the Drug Enforcement Administration. Subsequent testing determined the substances contained heroin, butyryl fentanyl, and 4-fluoroisobutyryl fentanyl. 

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 June 20, 2019, at 3:00 p.m. before Judge Geraci.

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Martha Aguirre, 47, of Orange, California, and Juan Alfaro, 54, of Hacienda, California, of narcotics conspiracy and money laundering conspiracy. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.

Assistant U.S. Attorneys Patricia Astorga and Wei Xiang, who handled the trial, stated that the defendants were members of a transnational drug trafficking organization 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. Martha Aguirre’s brother Herman E. Aguirre was the leader of the organization. 

Martha Aguirre and Alfaro used “front” companies to launder over $12,000,000 in drug proceeds from Buffalo to Los Angeles, including Triton Foods, Inc. and Kamora Investment Enterprises, Inc., which were located in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, NY, but proved to be completely fake.

Using these companies, the defendants disguised kilogram quantities of heroin, fentanyl, and cocaine described on invoice and other documents as “Sea Cucumbers.”  The local organization trafficked thousands of kilograms of illegal narcotics throughout the United States, including Lockport, Niagara Falls, and Buffalo.

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.

Martha Aguirre and Alfaro were indicted along with 15 others including:

• 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; • Michael Paul Mitchell, 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.

“Today’s verdict represents the coup de grace in the demise of a once flourishing, multi-million dollar, international drug trafficking conspiracy,” noted U.S. Attorney Kennedy. “The volume of drugs moved by this organization endangered the health and welfare of countless Americans, including many here in Western New York. I commend the work of the federal, state, and local law enforcement officers from across our country who, together with the tremendous prosecutors in this Office, worked tirelessly to deliver justice to 17 individuals who sought to deliver poison throughout our Nation.”

The verdict is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; Homeland Security Investigations, under the direction of Special-Agent-in Charge Kevin Kelly; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; the Montebello, California Police Department, the Nebraska State Patrol, and the DEA, Los Angeles.

Both will be sentenced on a date to be determined before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case. 

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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 William Cooke, 22, 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 72 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Cooke was arrested after Rochester police officers stopped a car, in which Cooke was riding, in the area of Scrantom Street and Conkey Avenue. As officers stopped the car, the defendant jumped from the rear passenger seat and fled, causing officers to chase after him.  During the chase, officers could see a black object in Cooke’s hand as he pulled his hand half way from his jacket pocket. Officers only lost sight of Cooke for a brief period of time during the chase as he rounded the corner of a house on Clifford Avenue. 

After apprehending the defendant, officers found a loaded defaced semiautomatic pistol on the ground in the area where officers momentarily lost sight of Cooke. Officers arrested Cooke and placed him in a room at the Clinton Section police offices. While the defendant was in the room, officers could see him through the use of a video camera surveillance system climb onto a table in the room. Officers quickly confronted Cooke, who was already sitting back down when they entered the room. However, officers could see blue bags protruding from the ceiling and electrical junction above the table where Cooke was standing moments before. Officers removed a total of 27 baggies of suspected heroin. Subsequent testing determined the substance was fentanyl and acetyl-fentanyl.

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

Today’s sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, 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 Dominique McDowell, 27, of Tonawanda, NY, who was convicted of possession with intent to distribute, and distribution of butyryl fentanyl and U-47700, was sentenced to serve 42 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that the investigation began with the overdose death of an individual in the Town of Amherst. Subsequent investigation determined that between March 30, 2017, and April 18, 2017, the defendant sold butyryl fentanyl and U-47700 to undercover law enforcement officers on four separate occasions in the Town of Amherst and Tonawanda. In addition, between December 2016 and April 18, 2017, McDowell sold heroin to confidential sources on multiple occasions.   

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the Tonawanda Police Department, under the direction of Chief Jerome Uschold; and the New York State Police, under the direction of Major Edward Kennedy.

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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 Hang T. Lam, 46, of Rochester, NY, was arrested and charged by criminal complaint with the unauthorized use, transfer, acquisition, and possession of USDA food stamp benefits. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in April 2018, the Monroe County Department of Social Services (DSS) developed information that Young’s Nails, which is owned and operated by the defendant, was trafficking in Supplemental Nutrition Assistance Program (SNAP)/food stamp benefits for cash, nail services, and other non-food items. Young’s Nails does not sell food and is not authorized to accept SNAP benefits.

Between April 19, 2018, and October 1, 2018, the U.S. Department of Agriculture, Office of Inspector General conducted five undercover transactions at Young’s Nails using a SNAP Electronic Benefits (SNAP EBT) card. Purchases included nail services such as manicures and pedicures, cigarettes, jewelry, and cash. Lam charged double the cost when a SNAP EBT card was used.

When the undercover purchases were made, the defendant used the Tanhong Du Supermarket on N. Clinton Avenue in Rochester, Ocean Garden Oriental Foods Inc. on S. Clinton Avenue in Rochester, and the Asia Food Market on Brighton-Henrietta Town Line Road to process the undercover transactions. All three stores are approved to participate in the SNAP program.

On November 7, 2018, a search warrant was executed at Young’s Nails. Law enforcement officers seized SNAP EBT cards, dozens of handwritten notes containing four digit PIN numbers and various cash amounts, and SNAP EBT receipts from the Asia Food Market and other SNAP authorized stores. As a result, officers identified and interviewed SNAP clients involved in SNAP fraud with LAM at Young’s Nails. Eight of these individuals reported that they exchanged SNAP benefits for cash and nail services.

To date, approximately $26,000 dollars in fraudulent SNAP transactions that have been executed by LAM have been identified.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman and was released on conditions.

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

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 Anjaneyulu Katam, 46, of Rochester, NY, who was convicted of visa fraud, was sentenced to serve 12 months and one day in prison and fined $5,000 by Chief U.S. District Judge Frank P. Geraci. 

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that between 2011 and 2017, Katam ran businesses in which he falsified immigration documents for Indian nationals to enter the U.S. and work in tech industries involving computer programming. The defendant manipulated the H-1B visa program, which allows U.S. employers temporarily to employ foreign workers in specialty occupations. Katam falsified visa applications, work experience documents, and work contracts, which he then submitted to the U.S. Department of Labor, Department of Homeland Security, and Department of State, in order to secure illegal H-1B visas for Indian nationals. This resulted in the unlawful entry and employment of several Indian nationals within the United States.

As part of the investigation, federal agents identified multiple assets, including strip malls, and bank accounts, which were acquired by Katam utilizing proceeds of the visa fraud. The defendant will forfeit approximately $1,090,490.32 to the Government.         

The sentencing is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations-Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Department of State’s Diplomatic Security Service, under the direction of the Special Agent-in-Charge of the New York Field Office, Timothy Dumas.

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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 Shauniqua Rodriguez, 40, of Niagara Falls, NY, pleaded guilty before U.S. District Judge Richard J. Arcara 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 Maura K. O’Donnell, who is handling the case, stated that between January 2014 and February 2017, Rodriguez conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa.

Specifically, the defendant was an intermittent employee of the debt collection agency, which operated under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services, and Elite Services. Rodriguez placed telephone calls to “debtors” throughout the United States, using various fraudulent tactics and misrepresentations, including false representations as to her identity, false threats of arrest, and claims of criminal charges against the “debtors,” to induce the “debtors” to make payments. The “debtors” were often directed to other employees posing as attorneys and were provided with payment instructions, supposedly to settle their outstanding debts. In addition to making collection calls, the defendant also served as an informal trainer for other, less experienced employees.
           
Rodriguez and the employees she worked with and trained routinely collected on debts which they knew had already been satisfied, and collected money from “debtors” from whom they had already collected payment, who were deemed to be “easy targets.” “Debtors” were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments.

Between 2015 and 2016, the debt collection scheme brought in more than $3,000,000.

Rodriguez was charged along with five other defendants. To date, four have been convicted, including Joseph Ciffa who is awaiting sentencing.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Flores-Torres, 25, a citizen of Mexico living in Dunkirk, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Upon completion of his sentence, the defendant is subject to deportation proceedings.

Special Assistant U.S. Attorney Jeremy V. Murray, who is handling the case, stated that on June 5, 2018, a search warrant was executed at the defendant’s residence in Dunkirk, NY. Law enforcement officers seized the defendant’s Samsung Galaxy S3 cellular telephone which contained 79 images and 14 videos of child pornography. Some of the images depicted prepubescent minors or minors less than 12 years-old, as well as depictions of violence. Torres also received and distributed images constituting child pornography from and to others with whom he communicated using a cellular telephone and the internet.
 
As part of his plea, the defendant admitted that he engaged in sexual contact with two minor victims under the age of 18 (minor victim 1 and minor victim 2). Between April 1, 2018, and June 1, 2018, Torres engaged in sexual contact with minor victim 1 on two separate occasions. Between June 1, 2017, and December 30, 2017, the defendant had sexual contact with minor victim 2.

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

Sentencing is scheduled for July 31, 2019, before Judge Villardo.

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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 Emmanuel Collins, a/k/a Scooter, 40, Quintella Wilson, 36, and Jocelyn Carson, 28, all of Buffalo, NY, who were convicted of conspiracy to defraud the government with respect to claims (Collins and Carson) and aiding and abetting fraudulent returns, statements, or other documents (Wilson), were sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. Collins was sentenced to serve 30 months in prison and ordered to pay $110,475 in restitution. Carson was sentenced to five years probation and ordered to pay restitution totaling $19,640. Wilson was sentenced to one year probation and ordered to pay restitution totaling $6,300.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that between 2012 and 2015, Collins organized various individuals in Buffalo to file fraudulent tax returns with the Internal Revenue Service, claiming false income and tax withholdings on false W-2 forms.

For the tax years 2013 and 2014, defendant Carson provided Collins with her name, date of birth, and social security number. Collins then gave Carson a fraudulent W-2 Form to file with the IRS. In addition, Carson introduced another individual to Collins for the purpose of obtaining a fraudulent W-2 form to be filed with the IRS.  

Wilson assisted Collins in part by driving the tax filers to tax return preparers to file the fraudulent forms.

Investigators identified 16 fraudulent filings in the conspiracy that claimed $124,787 in false refunds. Collins generally took a cut of each tax refund that was fraudulently obtained.

The sentencings are the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Milton Williams, Jr., 35, of Niagara Falls, NY, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to possession with intent to distribute cocaine, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.

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

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

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

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Joseph C. Paternostro, 28, of Hamburg, NY, who was convicted of conspiracy to possess with the intent to distribute, and distribution of, five kilograms or more of cocaine and retaliating against a witness, was sentenced to serve 132 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, the defendant was ordered to forfeit $200,000 in drug proceeds. 

Assistant U.S. Attorneys Meghan A. Tokash and Charles J. Volkert, Jr., who handled the case, stated that on July 12, 2018, the defendant pleaded guilty in federal court to a charge of conspiracy to possess with the intent to distribute, and distribution of, five kilograms or more of cocaine. Shortly thereafter, Paternostro started writing letters from prison threatening to hurt or kill the victim who was a witness against the defendant in his drug case. The defendant was indicted in September 2018 for the threats and pleaded guilty in December 2018.

Today’s sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Jim B. Quattrone; and the Evans Police Department, under the direction of Chief Douglas Czora.

 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard C. Miller, 51, of Forestville, NY, pleaded guilty to receipt and possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charges carry a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $500,000 fine.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that between 2006 and 2009, Miller produced child pornography by filming himself engaged in a sexual act with a minor. Between January 2016 and March 2017, Miller and co-defendant Harvey exchanged images of child pornography and engaged in illicit discussion regarding child pornography and pedophilia. In addition, a search of the residence shared by the defendants revealed multiple electronic devices that contained child pornography. 

Charges remain pending against Joseph Harvey. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.   

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

Sentencing is scheduled for August 28, 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 Tracy Bankston, 52, of Buffalo, NY, who was convicted of possessing a firearm as a convicted felon with three prior violent felony or serious drug offense convictions, was sentenced to serve 188 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant will also forfeit the firearms, ammunition, and $12,500 that were seized during the investigation.

Assistant U.S. Attorney Charles J. Volkert, Jr., who handled the case, stated that on December 16, 2016, Erie County Sheriff’s Deputies executed a search warrant at 53 Benzinger Street in Buffalo. Inside Bankston’s bedroom, police recovered over 28 grams of crack cocaine, two ounces of marijuana, scales, baggies, a Smith and Wesson .357 caliber revolver, and a TEC-9 9mm pistol with an extended clip as well as nearly 100 rounds of .357 and 9mm ammunition. Also seized in the raid was $12,050 in cash recovered from a safe.

The defendant was previously convicted on three serious offenses including a felony drug offense in 2006, an Attempted Robbery conviction in 1996, and another Attempted Robbery conviction in 1988. 

Today’s sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of John B. Devito, Special Agent-in- Charge, New York Field Division; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the West Seneca Police Department, under the direction of Chief Daniel Denz.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raymond Clark, 42, of East Amherst, NY, who was convicted of wire fraud and money laundering, was sentenced to serve 27 months in prison by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that Clark induced three victims to send him $870,000 for supposed investments, including investments in hedge funds and publicly traded companies. Instead of investing the monies as promised, the defendant kept the money and spent it on personal expenses to fund his lavish lifestyle including payments to his country club and expensive vacations. As part of the plea agreement, Clark will pay full restitution to the victims.

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 Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Maxim Levin, 41, of Amherst, NY, who was convicted of filing a false tax return, was sentenced to serve 21 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. The defendant was also ordered to pay restitution totaling $161,606.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that from 2012 to 2015, the defendant operated Glebova Realty Group LLC, which purchased, renovated and sold real estate throughout the Buffalo, NY area. During those years, Levin filed federal income tax returns but failed accurately to report the gross receipts that he earned from his real estate business to the Internal Revenue Service and failed to pay taxes on such income. Specifically, Levin caused over $3,100,000 of gross receipts, derived from his real estate business, to be excluded from his income tax returns, resulting in a tax loss of $161,606.

Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jesus Rivera, 26, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 10 grams or more of a fentanyl analogue, was sentenced to serve 108 months in federal prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Judge Geraci sentenced Scott K. Fairbanks, 29, of Randolph, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, to serve 90 months in federal prison.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Rivera and Fairbanks were mid-level distributors 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 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. Fairbanks obtained his supply of pills from Washington, and would further distribute the pills to street-level customers. 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 co-conspirator 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.

To date, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses, and with today’s sentencing a total of 13 defendants have been sentenced: 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; 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; 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.

Today’s sentencings are the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, Community Narcotics Enforcement Team Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; the Elmira Police Department, under the direction of Chief Joseph Kane; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Pennsylvania State Police, under the direction of Acting Commissioner Lieutenant Colonel Robert Evanchick; the Chemung County Sheriff’s Office, under the direction of Acting Sheriff William A. Schrom; 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Teng Sun, a Chinese national, was arrested and charged by criminal complaint with being an alien in possession of a firearm. The charge carries a maximum penalty of 10 years in prison. 

Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the complaint, on December 17, 2018, the defendant was charged by the Niagara County District Attorney’s Office with Criminal Possession of an Assault Weapon-3rd Degree, and Criminal Possession of an Assault Weapon-4th: Non-Citizen.

Subsequently, a check by the Department of Homeland Security, Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), determined that Sun is a citizen and national of China illegally present in the United States. The defendant entered the United States as a nonimmigrant F-1 student with authorization to remain in the U.S. States for a temporary period not to exceed his length of stay. On April 2, 2015, Sun was granted Optional Practical Training (OPT) employment authorization with an end date of September 1, 2016. On September 1, 2016, SUN completed his Optional Practical Training and failed to comply with the conditions of his non-immigrant status by not filling an extension or departing from the United States.

On March 14, 2019, the defendant, and his wife were arrested by ICE-ERO for deportation proceedings. While in custody, Sun consented to be taken to his residence located in Williamsville, NY to retrieve his wife’s passport. Once inside the residence, the defendant showed ICE-ERO agents his firearms and ammunition. Agents took 10 firearms into custody, as well as eight 80% complete AR-15 type lower receivers as well as the drilling templates to complete those receivers, and approximately 1,000 to 2,000 rounds of ammunition consisting of various caliber ammunition.

The defendant will make an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy on March 29, 2019, at 11:30 a.m. he is currently being detained by ICE-ERO.

The complaint is the result of an investigation by Immigration and Customs Enforcement-Enforcement and Removal Operations, under the direction of Buffalo Field Office Director Thomas Feeley.

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 Delshawn K. Trueheart, 43, of Buffalo, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the complaint, in March 2019, a victim reported to the Buffalo Police Department that Trueheart had a sexual relationship with her while she was between 15 and 17 years of age. The victim stated that she had sexual relations with him at both his residence and his photography studio located on East Delavan Avenue. The victim also reported that Trueheart took nude images of her and recorded them engaged in sexual intercourse.

On March 20, 2019, law enforcement officers searched Trueheart’s residence and studio, and located a video of the victim, then 16 years-old, engaged in sexual intercourse.

The defendant will make an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy at 2:30 p.m.

The criminal complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Buffalo Office of 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 Jeremy Custer, 36, of Norwich, NY, pleaded guilty to attempted coercion and enticement of a minor before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 1) years in prison and a maximum of life. 

Assistant U.S. Attorney Richard A. Resnick, who is handling the prosecution, stated that on September 14, 2018, an undercover New York State Police Investigator (UC) received a private message from “Fastmeet” user “Jeremy” on the UC’s Fastmeet undercover profile. Fastmeet is an application that can be downloaded on to a cellular telephone. The application allows users to communicate with other users and see their GPS location.

The UC’s undercover Fastmeet profile included a profile picture of a female child and listed her name as Jenny, her age as 13-years-old, and her GPS location as Henrietta, NY. The defendant’s profile listed him as 36-years-old and contained multiple pictures of a white male who appeared to be in his 30’s. The male pictured in the profile was later identified as Custer.

Between September 17, 2018, and September 22, 2018, the defendant and the UC exchanged text messages in which Custer attempted to coerce and entice the UC, who he believed was a 13-year-female, to engage in sexual activity. Some of the messages included:

• “What have you done with other guys? I’ve obviously been all the way and am not in any way expecting or wanting you to unless you feel you’re ready for it. There are a lot of other things we can do besides that or leading up to it.”
• “I like to get pictures and maybe videos, but again only if you’re comfortable sending them to me. I will promise I won’t show them to anyone else. Anything you want to send. They can be naked or dressed.”
• “Do you want me to spank and punish you or would you rather have me hug, kiss and admire your beauty?”
• “I would obviously love to be your first, but it certainly doesn't have to be tonight unless you're sure you want to.”
• “I’m getting lube and a couple different forms of contraceptives to minimize the risk of pregs.”

On September 22, 2018, the defendant made plans to go to the 13-year-old female child’s residence in Henrietta and pick her up. Custer advised he was on his way and that he had booked a hotel room for them. When the defendant arrived at the UC’s purported residence, he was arrested. In his vehicle, the defendant had contraceptive lubricants, lotions, and a “Plan B” oral contraceptive.

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

Sentencing is scheduled for June 24, 2019, at 3:00 p.m. before Judge Geraci.
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Clarence Hoffert, 58, who was convicted by a federal jury of filing false retaliatory liens against federal officers and employees, was sentenced to serve 48 months in prison by Chief U.S. District Judge Christopher C. Conner, U.S. District Judge for the Middle District of Pennsylvania. This sentence will be served consecutive to a 32 year sentence the defendant is currently serving for statutory rape in PA.

Assistant U.S. Attorneys Wei Xiang and Jonathan P. Cantil, from the Western District of New York, who handled the prosecution of the case at trial, stated that in August of 2017, the defendant declared a state of “Domestic Mixed War” in a “Claim of Commercial Lien Affidavit” that he filed in Erie, PA, against seven public officials. The seven alleged lien debtors included three federal judges, two members of the U.S. Department of Justice Civil Division’s Torts Branch, and two officials of the Commonwealth of Pennsylvania Department of Corrections.
Hoffert, an inmate at State Correctional Institution in Albion, declared that the seven public officials owed him $56,000,000. In his claim, the defendant stated that each official had committed 32 different crimes, at $250,000 in damages per crime, thereby making each alleged lien debtor accountable for payment of $8,000,000.

The course of events started in 2013 when Hoffert brought a civil action in the United States District Court for the Western District of Pennsylvania against the Commonwealth of Pennsylvania, relating to his imprisonment on a state conviction. The magistrate judge assigned to the case recommended dismissal of Hoffert’s complaint, and the district judge assigned to the case adopted the recommendation. A panel of the Third Circuit Court of Appeals affirmed the judgment of the district court. Following his failed appeal, Hoffert filed an administrative claim for damages with the Torts Branch of the U.S. Department of Justice Civil Division in Washington, DC. The Torts Branch denied the claim. The defendant responded to the denial with a letter threatening to add the Torts Branch to his tort claim. The Torts Branch replied with another copy of the denial letter. As a result of this series of denials, the defendant attempted to file the lien in retaliation against the two signors of the Torts Branch letters, along with the aforementioned magistrate judge, district judge, and a member of the circuit panel.

In reaching a guilty verdict, jurors determined that the attempted lien filed by the defendant was false and that Hoffert knew, or had reason to know, that material information included in the attempted lien was in fact false.

The United States Attorney’s Office for the Western District of Pennsylvania was recused from the case, and as a result, it was prosecuted by the United States Attorney’s Office for the Western District of New York.

Today’s sentencing is the result of an investigation by the U.S. Marshal Service, Western District of Pennsylvania.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sergiy Bezrukov, 35, of Salamanca, NY, formerly of Queens, NY, pleaded guilty to conspiracy to commit bank fraud and money laundering before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 35 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Stephanie Lamarque, Wei Xiang, and Mary Clare Kane, who are handling the case, stated that the defendant opened two offices in the Western New York area to operate fraudulent debt restructuring businesses. Bezrukov and others sent solicitation letters under various fictitious names, offering to assist small businesses with restructuring high interest loans. After the small business owners agreed to hire the defendant and his company, Bezrukov and others would withdraw sums of money from the bank accounts of the small businesses but never repaid any loans on their behalf. When the small business owners attempted to contact the defendant or others at the fraudulent company, they would receive no response.

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

The defendant used the fraudulent debt restructuring business to defraud approximately 200 victims out of approximately $1,200,000.

A co-defendant, Mark Farnham, was previously convicted and is awaiting sentencing.

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

Sentencing is scheduled for July 24, 2019, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick Ogiony, 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit bank fraud. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorneys John D. Fabian and Douglas A.C. Penrose, who are handling the case, stated that between March 2011 and June 2017, the defendant conspired with co-defendants Frank Giacobbe, Kevin Morgan, Todd Morgan, and others, to defraud financial institutions, including Evans Bank, N.A.; UBS Securities LLC; M&T Bank; Arbor Commercial Mortgage LLC; SteepRock Capital, LLC; and Berkadia Commercial Mortgage, LLC.

During the course of the conspiracy, Ogiony was employed by Aurora Capital Advisors, LLC, a mortgage brokerage company owned and operated by Frank Giacobbe. Through Aurora, the defendant brokered mortgage loans on behalf of Morgan Management, LLC, a real estate management company that managed over 100 multi-family properties. Kevin Morgan was employed as a Vice President at Morgan Management, and Todd Morgan was employed as a Project Manager.

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

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

In addition, the defendant, his co-defendants, and others employed various mechanisms to mislead financial institutions regarding the properties’ occupancy. Ogiony specifically:

• provided false rent rolls to lenders and appraisers on a variety of dates, overstating either the number of renters in a property, the rent paid by occupants; • provided or conspired to provide false and inflated income statements for the properties; and
• worked with others to deceive inspectors into believing that unoccupied apartments were, in fact, occupied.

In one such instance, Ogiony and his co-defendants provided false information to Berkadia Commercial Mortgage, LLC, in connection with The Rochester Village Apartments at Park Place, a multi-family residential apartment owned by Morgan Management principals. The information included falsely inflated income from storage unit rentals, false reports of rental income, and falsely reporting apartment units as occupied before certificates of occupancy were obtained for those units.

Also, Ogiony, his co-defendants, and others made misrepresentations and engaged in conduct designed to conceal from the lending financial institutions that they obtained cash from the loan proceeds, which was not used to purchase or maintain the premises. Ogiony, his co-defendants, and others did so by, at times, providing false documentation of obligations purportedly associated with the properties, and by misrepresenting the actual purchase prices of properties.

Defendant Kevin Morgan was previously convicted of conspiracy to commit bank fraud and is awaiting sentencing. Charges remain pending against Frank Giacobbe and Todd Morgan. 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 indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak.

Sentencing will be scheduled at a later date.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hashim J. McCullough, 37, of Rochester, NY, was arrested and charged by criminal complaint with attempted production of child pornography, and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and $250,000. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on March 7, 2019, an FBI Special Agent working undercover as a 14 year old girl (UC) received a friend request from user “ucdamandatmademerich.”  The UC accepted the friend request and the two began communicating.

The UC indicated “just want to let u know up front im only 14 years old.”  “ucdamandatmademerich” responded by stating “You are very much welcome baeb,” “Really 14 wow” and “You live in Rochester ny.” 

A review of the “ucdamandatmademerich” profile indicated the user lived in Rochester and worked at a daycare. Subsequent investigation determined “ucdamandatmademerich” is the defendant who works at the YMCA located on Lewis Street in Rochester.

The UC and McCullough continued to communicate on another social media account set up by the UC. On March 7, 2019, the UC received a message from the defendant requesting photos of the UC who sent a photo showing a clothed female.  McCullough then asked for naked pictures of the UC. As the communications continued, the defendant discussed having sexual intercourse with the UC. McCullough also sent a photo of a naked male to the UC. 

On March 12, 2019, the defendant suggested that he and the UC meet up for sex. “Daddy taking this Thursday off from work to be with you.” The UC responded by stating “Can you do Friday I got a big test I can’t miss.” McCullough then stated “Ok bae.” The UC agreed to meet the defendant in person on March 15, 2019 at an apartment complex in the Town of Brighton. McCullough arrived at the apartment complex this morning to meet with the UC and was immediately arrested by law enforcement officers. 

The defendant made an initial appearance this afternoon before U.S. Magistrate judge Jonathan W. Feldman and was held pending a detention hearing on March 21, 2019, at 9:00 a.m. 
Members of the public who have specific information related to this case are urged to contact Bivona Child Advocacy Center at 1-585-935-7800. 

The complaint 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.

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 Jibreel Williams, who was convicted of possession of crack cocaine with intent to distribute, was sentenced to serve 41 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handling the case, stated that in the early morning hours of December 11, 2016, Customs and Border Protection officers encountered the defendant, who was riding as a backseat passenger in a vehicle. Two women were also in the vehicle, the driver and a front seat passenger. The vehicle was stopped after it was observed making a U-tum on the Peace Bridge. The vehicle was then referred for a secondary inspection after the occupants could not produce identification and the odor of marijuana was noticed emanating from the vehicle. Prior to the stop of the vehicle, two other women, who were passengers in the backseat alongside Williams, had exited the vehicle and were stopped as they attempted to re-enter the United States on foot.

Once at secondary inspection, the vehicle was searched and seven individually wrapped packages of suspected crack cocaine were recovered from the backseat area, as well as a 9 millimeter, semi-automatic pistol which was determined to be stolen out of Warren, Pennsylvania.

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Wanderson Dos Santos Freitas, a Brazilian citizen living in Toronto, Canada, was arrested and charged by criminal complaint with bringing an alien to the United States for financial gain or commercial advantage. The charge carries a mandatory minimum penalty of three years in prison, a maximum of 10 years, and a $250,000 fine.

Assistant U.S. Attorneys Charles M. Kruly and Jonathan P. Cantil, who are handling the case, stated that according to the complaint, on March 13, 2019, at approximately 9:00 a.m., a U.S. Border Patrol Agent spotted a black jet ski with three occupants, two males and one female, about 50-60 feet from the shoreline at Beaver Island State Park. When the occupants noticed the agent, the operator of the jet ski, the defendant, stepped into the water, and began to push the watercraft further away from the shoreline. Dos Santos Freitas continued to stand up in an apparent attempt to restart it, but the jet ski began to release smoke from the exhaust. After a couple minutes, the defendant began to wave at the agent and related that the jet ski appeared to be stuck in the ice. Air and Marine Operations were alerted and responded to the scene.

A short time later, Dos Santos Freitas got off the jet ski, abandoning his two passengers, and walked across the ice onto the shore. When asked by agents on shore for his citizenship, the defendant stated that he was a “permanent resident of Canada.” Dos Santos Freitas also stated that he did not have any immigration documentation which would allow him to enter the United States legally. The defendant was then placed under arrest.
The other male, Angelo Valentim-Zuccolotto, a citizen of Brazil, also walked across the ice onto the shoreline. The female passenger, Andria Raposo-Marte, a citizen of the Dominican Republic, stayed on the jet ski and appeared to be frozen in fear. Shortly before 10:00 a.m., the Grand Island Fire Department arrived in an inflatable boat and reached Raposo-Marte and safely returned her to the shoreline.

Valentim-Zuccolotto and Raposo-Marte were placed under arrest and are subject to administrative proceedings.

Defendant Wanderson Dos Santos Freitas made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending a detention hearing on March 18, 2019.

The criminal complaint is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent in Charge Jeffrey Wilson, and U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jorge Alvarez, 24, of Los Angeles, CA, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that according to the complaint, an individual residing in Depew, NY contacted the Depew Police Department in August 2018 concerning the possible sexual exploitation of her minor daughter. Subsequent investigation determined that between June and July 2018, Alvarez engaged in sexually explicit communications with the minor via Instagram and text messages. During the course of these communications, the defendant sent lewd images of himself to the minor, and solicited the minor to produce and send various images of herself to him. 

The defendant made an initial appearance before Judge Michael J. Roemer and was released on conditions.

The criminal complaint is the result of an investigation by the Depew Police Department, under the direction of Chief Jerome Miller, 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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Bridgette McClain, 31, of Buffalo, NY, with retaliating against a witness, and retaliating against a person for providing truthful information to a law enforcement officer. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Brendan T. Cullinane, who are handling the case, stated that according to the indictment, on November 2 and November 5, 2018, an individual testified for the Government in the trial of United States v. Dontrell Wise. A federal jury convicted Wise of the crimes alleged in the indictment and he was sentenced to serve life in prison. In November 2018, law enforcement officers learned that the defendant had posted a threatening post against the individual who testified on Facebook. The post included a photo of the individual with the word “SNITCH” superimposed over the individual’s photograph. Above the photograph, the post included the statement, “This (expletive) Took the stand on my cuz and told lies just for her to get 20 years kill all Rats[.]” 

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

The indictment is the result of an investigation by the 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 Austin Pratt, 30, of Conesus, NY, was charged by criminal complaint with enticement of a minor and production of child pornography. The charges carry a minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on January 12, 2019, the New York State Police were notified by the parents of a teenaged minor girl (the victim) that they found a large amount of text messages on their daughter’s phone from her school athletic trainer, the defendant.

During an interview with the victim, she told investigators that in November 2018, Pratt began texting her. Simple texts regarding an injury the victim suffered led to nude photographs being exchanged between the two using Instagram. Some of the text messages between the defendant and the victim included:

• “I seriously cannot stop thinking about you or wanting you. This is crazy to me for only knowing you for a few weeks and I'm not sure how to navigate these feelings as I'm obviously married and our age difference which plays a huge role in all this. I love talking to you and being around you and all I want is to be with you. I hate the fact that I am 16 years older than you and that we have to hide and be sneaky.”
• “Nothing would happen to you lol. My life would be ruined.” The victim responded, “You get divorce papers and 20 years in jail.” Pratt responded, “Yuppppp... gotta be super sneaky.”

Subsequently, according to the complaint, Pratt and the victim engaged in sexual intercourse on January 7, 2019, at the victim’s home.
Pratt made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on March 14, 2019, at 9:30 a.m.

The complaint is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Livingston County District Attorney’s Office, under the direction of District Attorney Gregory J. McCaffrey.

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 Warren L. Vick, Jr., 32, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to dealing firearms without a license. The charges carry a maximum penalty of five years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between June 2018 and August 29, 2018, Vick sold as many as 25 firearms to individuals in the City of Rochester that he illegally obtained in Ohio. At least one of the firearms included a semi-automatic firearm capable of accepting a large capacity magazine which could be loaded with more than 15 rounds of ammunition.

On August 29, 2018, law enforcement officers attempted to stop Vick as he drove a 2016 Dodge Challenger. The defendant drove off, crashed the Challenger, and escaped on foot. Inside the vehicle, officers recovered a .40 caliber handgun and over 40 rounds of ammunition. Vick was arrested on August 31, 2018.

The plea is the culmination of an investigation on the part of and Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Rochester Police Department, under the direction of Chief Mark Simmons, and the United States Marshal Service, under the direction of United States Marshal Charles Salina.

Sentencing is scheduled for June 13, 2019, at 9:15 a.m. before Judge Siragusa. 

 

 

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 Sanchez-Ocampo, 38, of Buffalo, NY, who was convicted of conspiracy to unlawfully employ 10 illegal aliens in a 12-month period, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, the defendant is subject to removal proceedings by Homeland Security Invesitgations.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated Sanchez-Ocampo was the manager of Don Tequila Restaurant on Allen Street in Buffalo. In that capacity, the defendant hired at least 10 illegal aliens to work at Don Tequila and other restaurants. 

Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office; and the New York State Department of Taxation and Finance, under the direction of New York State Department of Taxation and Finance.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr., announced today that Andrew Tingling, 39, of Elmira, NY, was charged by criminal complaint with conspiracy to possess with intent to distribute one kilogram or more of heroin; possession with intent to distribute 40 grams or more of fentanyl; being a felon in possession of a firearm; and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Robert A. Marangola, who is handling the case, stated that the charges stem from an investigation conducted involving the sale of heroin in Elmira. On March 1, 2019, law enforcement officers from multiple agencies executed a search warrant at 207 South Avenue in Elmira. During the search, officers seized over $50,000 U.S. currency, paraphernalia for the processing and distribution of narcotics, approximately 300 grams of fentanyl, and a loaded .22 caliber handgun. Tingling was located inside the residence.

In March 1998, the defendant was convicted in New York State court of Criminal Possession of a Weapon in the Second Degree, and in March 2008, Tingling was convicted in Chemung County Court Attempted Criminal Possession of a Controlled Substance in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.

The criminal complaint was the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police, Community Narcotics Enforcement Team, Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; Chemung County Sheriff’s Office under the direction of Acting Sheriff William A. Schrom; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field 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 Tremaine Giddens, 42, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute, and distribution of, cocaine, and being a felon in possession of ammunition. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 fine.

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

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

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

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 June 20, 2019, 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 Marcus Lynch, 32, of Rochester, NY, who was convicted of possession of a firearm by a convicted felon, was sentenced to serve 30 months in prison by U.S. District Judge Charles Siragusa.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that the defendant went to the Firing Pin Shooting Range in the Town of Bergen to target shoot a rifle. Lynch was previously convicted in January 2008 of Robbery in the Third Degree; in August 2007 of Burglary in the Second Degree and Grand Larceny in the Fourth Degree; and in May 2007 of Burglary in the Second Degree. As a result, the defendant is legally prohibited from possessing a firearm.

Today’s sentencing is the result of an investigation by New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci, 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 Dontrell Wise, 32, of Buffalo, NY, who was convicted following a federal jury trial of conspiracy to possess with intent to distribute heroin, butyryl fentanyl, fentanyl, cocaine, and crack cocaine; possession with intent to distribute butyryl fentanyl; and distribution of fentanyl causing death, was sentenced to serve life in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the prosecution of the case, stated that between mid-November of 2017 and November 23, 2017, the defendant distributed fentanyl which caused the death of a 28 year old female in Cheektowaga, NY. The evidence at trial established that Wise sold approximately 10 grams of a substance containing fentanyl which ultimately was injected by the woman, resulting in her overdose death. Hours later, the Cheektowaga Police Department responded to the scene to find the victim dead, and a wax envelope with fentanyl residue left behind.

Two weeks earlier, on November 9, 2017, the defendant was stopped by Buffalo Police officers in a rental vehicle with heavily tinted windows. Wise was found in possession of over $8,000 in cash, while a co-conspirator, Jerell Weathersby, had a quantity of butyryl fentanyl. The evidence further established that the defendant was a central member of a larger conspiracy crossing state lines, involving the distribution of narcotics in both Buffalo, NY, and Bradford, PA.             

Wise was arrested along with co-defendants Lemario Jones and Jerell Weathersby. Jones was convicted of distribution of a controlled substance and sentenced to 63 months in prison. Weathersby was convicted of possession with attempt to distribute butyryl fentanyl and sentenced to 21 months in prison. 

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; and the Cheektowaga Police Department, under the direction of Chief David J. Zack.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Castro, 33, of Buffalo, NY, who was convicted of conspiracy to distribute controlled substances, was sentenced to serve three years’ probation to include six months home detention by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between February 2015 and January 28, 2016, the defendant conspired with others to possess and distribute “Molly,” a Scheduled I controlled substance. Castro sold “Molly” on three separate occasions (February 5, February 18, and March 25, 2015) to a confidential source.

Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Border Enforcement Security Taskforce, which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a four-count indictment charging Otis L. Lyons, Jr., a/k/a Cracks, a/k/a C, 31, of Lockport, NY, Bryheem Edwards, a/k/a Philly, a/k/a Leroy, 28, of Buffalo, NY, and Dalvin Brant, a/k/a Turtle, 26, also of Buffalo, with conspiracy to distribute cocaine and heroin; possession with intent to distribute, and distribution of cocaine; and, possession with intent to distribute fentanyl.  The charges carry a maximum penalty of 20 years in prison and a fine of up to $1,000,000.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment, between May 2018 and January 10, 2019, the defendants unlawfully conspired to possess with intent to distribute amounts of cocaine, heroin, and fentanyl. During this time period, investigators identified these individuals as significant controlled substance dealers in the Buffalo and Lockport areas.

On May 17, 2018, and May 31, 2018, defendants Lyons and Edwards unlawfully distributed amounts of cocaine. On October 23, 2018, defendants Edwards and Brant unlawfully possessed with intent to distribute fentanyl. 
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.

The fact that a defendant has been charged with a crime is merely an accusation and the defendants are 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 Cordell James, 28, of Rochester, NY, pleaded guilty to conspiracy to steal mail before U.S. Magistrate Judge Marian W. Payson.  The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that James was employed by a U.S. Postal Service contractor at the Greater Rochester International Airport. While performing his job, the defendant conspired with two other individuals, co-defendants Michael Harris and Chansen Diaz, to steal gift cards and cash from the mail. The three men then used the stolen items to finance their lifestyles.
Michael Harris and Chansen Diaz were previously convicted and are awaiting sentencing.

Today’s plea is the result of a joint investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Inspectors with the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Yanyan Lesser, 47, of East Aurora, NY, was arrested and charged by criminal complaint with transmitting in interstate or foreign commerce a communication containing a threat to injure another person. The charge carries a maximum penalty of five years in prison and $250,000.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, stated that according to the complaint, on February 19, 2019, Homeland Security Investigations (HSI) in St. Paul, Minnesota, received information that between February 14, 2019, and February 19, 2019, an unidentified individual utilizing the moniker “TREE I,” conspired with another unknown individual on a dark web site to commit a crippling assault of an individual (G.Z.) living in Orlando, Florida.1 “TREE I” directed what was believed to be a hitman found via the dark web site to break G.Z.'s bones and leave him permanently confined to a wheelchair or crutches.

Some of the instructions provided by “TREE I” to the purported hitman included:

• “Because of a business dispute, I would like to give this guy a lesson:give him a good beating and legs broken, waist broken and even cripple the mark of his legs.It need to be looks like a robbery, looks like To rob of his money or property,NOT looks like revenge.”

• “I will add $2500 more to cover the cost of beating, crippling and robbery look like job. Please remember must be looks like a ROBBERY!That's very important!”

• “And please let hitman knows that Chinese guy no speak English also no understanding English too.So when hitman to do the job with crippling   and looking like robbery,Remember to Yelled at that Chinese guy:"MONEY!MONEY! " Because that's only the English word that guy can understand it!” 
 
On February 16, 2019, “TREE I” transferred approximately 1.26 Bitcoin (BTC) (approximately $4,577.51 cash) to a BTC wallet address in the control of the dark web site to facilitate the assault. On February 19, 2019, “TREE I” conducted another transfer of approximately .694 BTC (approximate.ly $2,707.95 cash) to the same BTC wallet address to further the request. “TREE I” also provided a photograph of an unknown individual's lower back area with the words "broken waist" written across it.

On February 20, 2019, HSI Orlando conducted an interview of G.Z. at his residence. G.Z. stated that he was not aware of any threat against him, but stated that he believed that his ex-girlfriend, the defendant, was unstable and would be capable of doing something like this.

Subsequent investigation, including a review of cell phone and bank records, determined that “TREE I” is the defendant.

Yanyan will make an initial appearance at 2:00 p.m. this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy.

The complaint is the result of an investigation by Homeland Security Investigations Buffalo, under the direction of Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by HSI St. Paul, Minnesota, and HSI Orlando, Florida. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Brandon Barclay, 30, of Buffalo, NY, with distribution of fentanyl, and distribution of heroin and butyryl fentanyl. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney Charles J. Volkert, Jr., who is handling the case, stated that according to the indictment, on two separate occasions in May and June 2018, the defendant sold fentanyl and a mixture of heroin and butyryl fentanyl to an undercover law enforcement officer.

Barclay was released on conditions following a detention hearing before U.S. Magistrate Judge Jeremiah J. McCarthy.

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

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 – Attorney General William P. Barr and U.S. Attorney James P. Kennedy, Jr. today announced the largest coordinated sweep of elder fraud cases in history, surpassing last year’s nationwide sweep. The cases during this sweep involved more than 260 defendants from around the globe who victimized more than two million Americans, most of them elderly.

Sheldon Hurley, 39, a citizen of Markham, Ontario, Canada, is charged in the Western District of New York. Hurley is alleged to have participated in a scheme beginning in May 2007 until July 2011 to obtain money from hundreds of victims, including some of whom were elderly. Hurley allegedly personally received in excess of $159,000. Scheme participants operated websites for fictitious financial services companies offering to arrange loans to individuals with credit problems. The victims provided personal information and were told they would be contacted by a lender for approval. When informed that a loan was arranged, applicants were instructed to sign and return a loan agreement, provide bank information, and pay an “insurance deposit.”  Hurley is alleged to then have engaged individuals to act as Company payees and obtained the funds from the United States. Loan applicants never received the loans, but were often coerced into making multiple deposits. An extradition request was sent to Canada in December 2017, and Hurley was surrendered to the United States on January 15, 2019.

“Crimes against the elderly target some of the most vulnerable people in our society,” Attorney General William P. Barr said. “But thanks to the hard work of our agents and prosecutors, as well as our state and local partners, the Department of Justice is protecting our seniors from fraud. The Trump administration has placed a renewed focus on prosecuting those who prey on the elderly, and the results of today’s sweep make that clear. Today we are announcing the largest single law enforcement action against elder fraud in American history. This year’s sweep involves 13 percent more criminal defendants, 28 percent more in losses, and twice the number of fraud victims as last year’s sweep. I want to thank the Department’s Consumer Protection Branch, which led this effort, together with the Department’s Criminal Division, the more than 50 U.S. Attorneys’ offices, and the state and local partners who helped to make these results possible. Together, we are bringing justice and peace of mind to America's seniors.”

“Sheldon Hurley may have thought he was part of a sophisticated scheme taking advantage those who were struggling financially, including elderly victims, but let this prosecution serve as a warning,” said U.S. Attorney Kennedy. “Our office will continue to work diligently to bring to justice all criminals, particularly those who target the elderly, no matter where those criminals may be.”   

The Department took action in every federal district across the country, through the filing of criminal or civil cases or through consumer education efforts. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused alleged losses of millions of more dollars than last year, putting the total alleged losses at this year’s sweep at over three fourths of one billion dollars.

The charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. The Justice Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act. 

Technical-Support Takedown 2019

As part of the sweep, the Department of Justice and its law enforcement partners announced a tech-support fraud takedown, designed to combat an increasingly common form of elder fraud in which criminals trick victims into giving remote access to their computers under the guise of providing technical support. In 2018, technical-support schemes generated over 142,000 consumer complaints to the FTC’s Consumer Sentinel Network. Consumers 60 and over filed more loss reports on tech-support scams from 2015 to 2018 than on any other fraud category reported to the Consumer Sentinel Network.

The Department of Justice’s Consumer Protection Branch, the Criminal Division’s Computer Crimes and Intellectual Property Section, and 10 U.S. Attorney’s Offices brought cases against perpetrators of technical-support fraud. The FBI, U.S. Postal Inspection Service, and HSI partnered with the Justice Department in investigating these cases, and the FTC, several state Attorneys General and the U.K.’s City of London Police joined the effort by initiating their own cases.

“We’re committed to investigating financial fraud schemes against the elderly,” said FBI Director Christopher Wray. “We’ve dedicated additional resources to address a wide range of elder fraud threats, including technical-support fraud. Victims of these schemes often lose thousands of dollars or more apiece, which can cause significant harm to elderly victims and their caretakers. If anyone suspects that they – or a senior they know – may be a victim of fraud, we encourage them to report it to the FBI’s Internet Crime Complaint Center.”

Transnational Criminal Organizations Committing Elder Fraud

“The sweep announced today brings the Postal Inspection Service to a landmark point in its battle against transnational criminal organizations committing mass mailing elder fraud,” said Chief Postal Inspector Barksdale. “In a recently unsealed case, two Canadians pled guilty and, thanks to the Spanish National Police, another was arrested in Spain for an alleged mail fraud scheme involving $180 million in losses to over one million victims. The Inspection Service has been at the forefront of protecting customers from fraud schemes for many years and we will continue to investigate and stop those who exploit older Americans for their own illegal gains.”

Many of the cases brought as part of the elder fraud sweep announced today – including many of the technical-support fraud cases – allegedly involved transnational criminal organizations. The Department of Justice’s Office of International Affairs worked with numerous countries to secure evidence and capture defendants. During the sweep period, defendants in elder fraud cases were extradited from Canada, The Cayman Islands, Costa Rica, Jamaica, and Poland.

Money Mule Initiative

In addition, in a novel approach, the Department of Justice and its law enforcement partners took comprehensive action against the money mule network that facilitates foreign-based elder fraud. Generally, a money mule is someone who transfers money acquired illegally in person, through the mails, or electronically, on behalf of others. Across the country, money mules receive fraud proceeds directly from victims and forward proceeds to perpetrators and ringleaders of fraud schemes—individuals who often reside in other countries. As part of the sweep, the FBI and the Postal Inspection Service took action against over 600 alleged money mules nationwide by conducting interviews, issuing warning letters, and bringing civil and criminal cases. Secret Service agents aided these efforts by seizing and forfeiting elder fraud proceeds in transit from victims to perpetrators.

“Homeland Security Investigations is committed to the fight against elder fraud in conjunction with the Justice Department, and our other law enforcement partners,” said Executive Associate Director Derek Benner. “HSI Special Agents across the country have worked to address illegal fund transfers, fraudsters operating technical-support schemes, and elder fraud of all varieties. We will continue to use creative solutions to protect our nation’s seniors from fraud; financial security is critical to homeland security.”

“The Secret Service is committed to aggressively investigating and disrupting organized criminal groups who prey on our most vulnerable citizens,” said Secret Service Director Randolph “Tex” Alles. “The results of the elder fraud sweep announced today demonstrate what can be achieved though incredible partnerships between federal, state, and local law enforcement agencies.” 

Public Education

The Department of Justice and its law enforcement partners focused the sweep’s public education campaign on technical-support fraud, given the widespread harm such schemes are causing. The FTC and State Attorneys General had an important role in designing and disseminating messaging material intended to warn consumers and businesses.

Public education outreach is being conducted by various state and federal agencies, including Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.

Global Efforts

Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Belgium, Canada, Europol, the Netherlands, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the Department of Justice and the FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Due to the IMMFWG’s network of law enforcement, simultaneous technical-support fraud consumer education campaigns are being released in Canada, the Netherlands, the United Kingdom, and the United States.

Elder Fraud Complaints

Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Maria Guadalupe Martinez-Plascencia, 48, of Guadalajara, Mexico, pleaded guilty to possession with intent to distribute 100 grams or more of heroin before Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. In addition, co-defendant Claudia Anel Cuevas-Sandoval, 38, also of Guadalajara, Mexico, pleaded guilty to possession with intent to distribute one kilogram or more of heroin and faces a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that in early June 2018, the Drug Enforcement Administration and the Niagara Frontier Transportation Authority Police began investigating the activities of Martinez, who was associated with an individual arrested on May 26, 2018, in Laredo, Texas. The individual was in possession of a backpack and a laptop bag that concealed heroin. Martinez was identified in a Customs and Border Protection report, which included instructions to conduct an inspection of the defendant during any border crossing.

On June 9, 2018, the NFTA identified Martinez and Cuevas traveling together. The defendants purchased tickets for a Greyhound bus departing from Philadelphia, PA, late in the evening of June 9, 2018, and arriving in Buffalo on June 10, 2018. When the defendants arrived, law enforcement officers surveilled them at the Hyatt Regency Buffalo Hotel in downtown Buffalo.

In the early morning hours of June 11, 2018, officers executed a New York State search warrant in the room the defendants were staying in. During the search, officers found two backpacks and two laptop bags in plain view which were heavy but contained no visible contents. Sewn into the baggage were 10 packages containing heroin. Martinez and Cuevas were arrested at that time.

The pleas are the result of an investigation by the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.

Maria Guadalupe Martinez-Plascencia is scheduled to be sentenced on June 10, 2019 before Judge Skretny. Sentenced for Claudia Anel Cuevas-Sandoval will be scheduled at a later date.

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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 Harris, 31, of Rochester, NY, pleaded guilty to conspiracy to steal mail before U.S. Magistrate Judge Marian W. Payson.  The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Harris was employed by a U.S. Postal Service contractor at the Greater Rochester International Airport. While performing his job, the defendant conspired with two other individuals, co-defendants Cordell James and Chansen Diaz, to steal gift cards and cash from the mail. The three men then used the stolen items to finance their lifestyles.

Chansen Diaz was previously convicted and is awaiting sentencing. Charges remain pending against Cordell James. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of a joint investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and Inspectors with the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

Sentencing is scheduled for June 6, 2019, before U.S. District Judge David G. Larimer.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that David Gfeller, 34, of Palmyra, NY, was arrested and charged by criminal complaint with production, distribution, receipt, and possession of child pornography. The charges carry a maximum penalty of 30 years in prison, lifetime supervised release, and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on February 12, 2019, Special Agents with Homeland Security Investigations in Buffalo received information from an international law enforcement network that child pornography had been recovered by authorities in various countries, including Germany, Belgium, Italy, Portugal, and France, depicting a prepubescent minor who was possibly located in Western New York. 

With assistance from the Royal Canadian Mounted Police, HSI Agents used data associated with the images to locate the residence in which the images were produced.  On March 1, 2019, Agents executed a search warrant at the residence in Palmyra, where they located the victim and arrested Gfeller for his role in producing the child pornography.   
The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending the outcome of a detention hearing, which is scheduled for March 5, 2019. 

The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, with assistance from the Royal Canadian Mounted Police and the New York State Police. 

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 Maximillian Sams, 31, of Elmira, 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 serve 210 months in federal prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Chad Smith, 27, of Horseheads, NY, who was convicted of conspiracy to possess with intent to distribute, and distribute, U-47700, was sentenced to serve 22 months in prison.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that Sams, along with co-conspirator Robert Ian Thatcher, ran 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, Thatcher and Sams imported bulk quantities of furanyl fentanyl and U-47700 from overseas suppliers China. They ordered the furanyl fentanyl and U-47700 on what is known as “the dark web,” and used different people and addresses in New York and Pennsylvania to receive the shipments. Sams and Thatcher purchased equipment and materials – including pill presses/mechanical tableting machines, microcrystalline cellulose, lactose magnesium stearate, and powdered food coloring – which they used to manufacture tens of thousands blue pills containing furanyl fentanyl and U-47700. The pills were made to look like legitimate 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, but survived after being treated by first responders with Narcan.

Sams and Thatcher 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 the defendant 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, Sams and Thatcher would distribute them in large quantities to other co-conspirators – including Anthony Prettyman, Jesus Rivera, 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. 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 co-conspirator 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.

To date, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Seven defendants have been sentenced: Thatcher was sentenced to serve 23 years 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; Dusty Pemberton was sentenced to 70 months in federal prison; Deven Hill was sentenced to 37 months in federal prison; Anthony J. Prettyman was sentenced to serve 125 months in federal prison; Dwayne Banks was sentenced to 108 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.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey West, 42, of Greece, NY, who was convicted of possession with intent to distribute heroin, was sentenced to serve 188 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that on April 19, 2018, members of the Monroe County Heroin Task Force executed a search warrant at the defendant’s home. During the search, officers located a quantity of heroin packaged for sale and a loaded .22 caliber handgun and ammunition.

The sentencing is the result of an investigation by the Monroe County Heroin Task Force, under the direction of Monroe County Sheriff Todd Baxter, 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Freddie Silva Otero, 49, of Mayaguez, Puerto Rico, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 57 months in prison by Chief U.S. District Judge Frank P. Geraci.  

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between January 12, 2018, and January 29, 2018, the defendant conspired with others to distribute cocaine in the Rochester area.

In furtherance of the conspiracy, Otero communicated via telephone with co-defendants Leitscha Poncedeleon and Carlos Javier Figueroa regarding the shipment of cocaine from Puerto Rico to Rochester, via the United States Postal Service. Leitscha Poncedeleon would provide the defendant with addresses. Otero then mailed packages containing approximately two kilograms of cocaine each.

Between January 16 and January 24, 2018, the defendant shipped a total of six packages from Puerto Rico to Rochester via the United States Postal Service.

A total of 10 defendants have been charged in connection with this conspiracy, five have been convicted.

Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Mark Simmons; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; 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; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.