Western District of New York

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that 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.

A leader and member of the Kingsmen Motorcycle Club (KMC) who committed execution style murders were sentenced for their roles in a major racketeering operation that involved violence and murder.

David Pirk, 68, KMC National President, and Andre Jenkins, aka Little Bear, 40, a “nomad” which performed the role of  “enforcer” within the KMC, were sentenced by U.S. District Court Judge Elizabeth A. Wolford to serve three consecutive life terms plus 10 years in prison for their convictions following a four-month jury trial of RICO conspiracy, possession of firearms in furtherance of crime of violence, murder in aid of racketeering, possession and discharge of a firearm in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime.  Jenkins was also convicted of being a felon in possession of a firearm.  Pirk and Jenkins resided in Eustis, Florida prior to going to prison.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy Jr. for the Western District of New York, Special Agent in Charge Kevin Kelly of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Buffalo and Special Agent in Charge Gary Loeffert of FBI Buffalo Field Office made the announcement.

“While their roles within the brutally violent Kingsmen Motorcycle Club may have been different, David Pirk and Andre Jenkins today share the same well-deserved fate: a lengthy prison sentence for ordering and carrying out the execution of two fellow gang members, among other serious crimes,” said Assistant Attorney General Benczkowski.  “Outlaw motorcycle gangs like the Kingsmen pose a significant threat to the safety and security of our communities, and I applaud the efforts of our prosecutors and our federal and local law enforcement partners in bringing these violent criminals to justice.”

“Through this prosecution, both the national president, who ordered the executions, as well as the trigger pulling member of an outlaw motorcycle club were finally brought to justice and held accountable for two senseless murders,” said U.S. Attorney Kennedy.  “Those murders, together with numerous depraved and heinous acts of violence committed by defendants and others in the club, justify the sentences imposed and fittingly demonstrate that the defendants’ quest to become “1 percenters” ultimately cost them 100 percent of their freedom for 100 percent of the rest of their lives.” 

“These life sentences handed down today are a clear and concise message that this criminal organization will be held accountable for their unruly and unjust actions” said HSI Special Agent in Charge Kelly.  “HSI is committed to protecting the public and working with its law enforcement partners to combat organizations such as these.”

“Violent groups--whether a neighborhood street gang or a violent motorcycle gang--don't belong in our communities,” said FBI Special Agent in Charge Loeffert.  “Our thoughts are with the Maue and Szymanski families today, and all those who have been impacted by the violence committed under the Kingsmen colors over the years.” 

According to evidence presented by the government at trial, beginning in 2013, certain KMC members, including defendant David Pirk, wanted to establish the KMC as a one percent club.  The one percent refers to a previous statement by a representative of the American Motorcycle Association that 99 percent of motorcyclists were law-abiding citizens with the remaining one percent engaged in certain activities such as drug and firearm trafficking and acts of violence.  The defendants, and others, participated in, directly and indirectly, acts of murder, assault, robbery, kidnapping, drug trafficking, obstruction of justice, and witness tampering.

According to evidence presented at trial, acts of violence committed by the KMC include:

• In September 2014, Pirk told defendant Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel “DJ” Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on Sept. 6, 2014;
• On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members.  Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse.  They then used bleach to clean areas where the victim bled and cut and removed portions of the rug, which contained blood; and
• On Sept. 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.   

The investigation was led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; the Hamburg Police Department; the North Tonawanda Police Department and the Niagara County Sheriff's Office.  Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph Tripi and Brendan Cullinane for the Western District of New York prosecuted the case.   

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

BUFFALO, NY – One Kingsmen Motorcycle Club (KMC) leader and member who committed execution style murders were sentenced for their roles in a major racketeering operation that involved violence and murder.

David Pirk, 68, KMC National President, and Andre Jenkins, aka Little Bear, 40, a “nomad” which performed the “muscle” within the KMC, were sentenced by U.S. District Court Judge Elizabeth A. Wolford to serve life in prison for their convictions following a four-month jury trial of RICO conspiracy, possession of firearms in furtherance of crime of violence, murder in aid of racketeering, possession and discharge of a firearm in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime. Jenkins was also convicted of being a felon in possession of a firearm. Pirk and Jenkins resided in Florida prior to going to prison.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy Jr. for the Western District of New York, Special Agent-in-Charge Kevin Kelly of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Buffalo, and Special Agent in Charge Gary Loeffert of the FBI Buffalo Field Office made the announcement.

“While their roles within the brutally violent Kingsmen Motorcycle Club may have been different, David Pirk and Andre Jenkins today share the same well-deserved fate: a lengthy prison sentence for ordering and carrying out the execution of two fellow gang members, among other serious crimes,” said Assistant Attorney General Benczkowski.  “Outlaw motorcycle gangs like the Kingsmen pose a significant threat to the safety and security of our communities, and I applaud the efforts of our prosecutors and our federal and local law enforcement partners in bringing these violent criminals to justice.”

“Through this prosecution, both the national president, who ordered the executions, as well as the trigger pulling member of an outlaw motorcycle club were finally brought to justice and held accountable for two senseless murders,” noted United States Attorney Kennedy. “Those murders, together with numerous depraved and heinous acts of violence committed by defendants and others in the club, justify the sentences imposed and fittingly demonstrate that defendants’ quest to become “1 percenters” ultimately cost them 100% of their freedom for 100% of the rest of their lives.” 

“These life sentences handed down today are a clear and concise message that this criminal organization will be held accountable for their unruly and unjust actions” said HSI Special Agent-in-Charge Kevin Kelly. “HSI is committed to protecting the public and working with its law enforcement partners to combat organizations such as these.”

“Violent groups--whether a neighborhood street gang or a violent motorcycle gang--don't belong in our communities,” said FBI Special Agent-in-Charge Gary Loeffert. “Our thoughts are with the Maue and Szymanski families today, and all those who have been impacted by the violence committed under the Kingsmen colors over the years.” 
 
According to court documents and evidence presented by the government at trial, beginning in 2013, certain KMC members, including defendant David Pirk, wanted to establish the KMC as a one percent club.  The one percent refers to a previous statement by a representative of the American Motorcycle Association that 99 percent of motorcyclists were law-abiding citizens with the remaining one percent engaged in certain activities such as drug and firearm trafficking and acts of violence.  The defendants, and others, participated in, directly and indirectly, acts of murder, assault, robbery, kidnapping, drug trafficking, obstruction of justice, and witness tampering.

Acts of violence committed by the KMC include:

• In September 2014, Pirk told defendant Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel “DJ” Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on Sept. 6, 2014;

• On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members.  Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse.  They then used bleach to clean areas where the victim bled and cut and removed portions of the rug, which contained blood; and

• On September 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.   

The investigation was led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the North Tonawanda Police Department; the Niagara County Sheriff’s Office; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.  Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph Tripi and Brendan Cullinane for the Western District of New York prosecuted the case.   

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carmelo Collana, 49, of Kenmore, 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, Collana conspired with others in a debt collection scheme that was spearheaded by co-defendant Joseph Ciffa.
 
Specifically, the defendant opened various corporations and bank accounts, used to process and facilitate payments used by debt collection agencies operating under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services and Elite Services. With the knowledge and assistance of Collana, these debt collection agencies placed fraudulent telephone calls to individuals throughout the United States, in an attempt to collect money, and utilized fraudulent tactics, including false threats of arrest, false claims that the callers/collectors were attorneys, and false claims as to criminal charges pending against the “debtors.”
 
In furtherance of this scheme, the employees of the debt collection agencies directed the individuals to make payment into or through bank accounts owned or operated by the defendant who then remitted the funds to the owners of the respective debt collection shops, in return for a percentage fee and/or salary.

In addition, Collana maintained an account with TLO, an online commercial database, used to gather personal information as to individuals, such as address, employer, and date of birth. The defendant provided employees of the debt collection agencies with access to TLO, in order to assist the employees in contacting and collecting from the individuals to whom they placed calls. Collana also at times provided debt files to employees of the various debt collection agencies.
 
Between February 2015 and December 2016, approximately $788,961 from fraudulent collection activities was deposited into the defendant’s accounts. 

Collana was charged along with five other defendants. To date, three 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 13, 2019. At 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Torri McCray, 40, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of, fentanyl, and 10 grams of more of buytryl fentanyl before U.S. District Judge Lawrence J. Vilardo. The charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.

Assistant U.S. Attorney Brendan T. Cullinane, who handed the case, stated that on four dates between June and August of 2017, the defendant distributed controlled substances, including heroin, fentanyl, U-47700, butyryl fentanyl, and furanyl fentanyl. On August 16, 2017, the Drug Enforcement Administration arrested McCray and recovered from the defendant’s pocket an amount of heroin intended for distribution. 

The conviction is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge Ray Donovan, New York Field Division.

Sentencing is scheduled for August 22, 2019, at 10:30 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 Marcus Adside, 30, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine and butyryl fentanyl, and possession of firearms in furtherance of a drug trafficking crime before U.S. District Judge Richard J. Arcara. 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 Patricia Astorga, who is handling the case, stated that in the early morning hours of August 5, 2016, Buffalo Police Officers conducting patrol encountered the defendant on 19th Street near Hampshire Street. As officers drove past, Adside yelled, “I’m not doing nothing!” The defendant then grabbed onto a large bulge in his right front pants pocket and took off running into an alley between two houses on Hampshire Street near 19th Street. 

Officers began a foot pursuit, and during the chase, Adside threw a clear baggie containing controlled substances into a backyard area off the alley and a sock containing a loaded firearm over a fence in the same alley. He was apprehended shortly after.

Subsequently, officers recovered a 9mm ammunition magazine containing eight rounds; a sock containing a handgun, a clear plastic baggie containing eight loose glassine envelopes with powder, and one plastic bag holding seven smaller plastic bags containing a total of 70 glassine envelopes with powder. Testing determined that the bags contained butyryl fentanyl and cocaine. 

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

Sentencing is scheduled for June 14, 2019, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Campbell, 32, of Albion, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, in July 2018, an individual (witness) contacted the Orleans County Sheriff's Office after discovering a disturbing video on a desktop computer that belonged to the defendant. The witness and Campbell lived together on and off and Campbell left the computer at the residence when he was made to vacate the residence by the witness in June 2018. The video depicted a 14 year-old girl going to the bathroom. In addition to the desktop computer, Witness 1 also turned over a laptop computer and hard drive.
A forensic analysis of the desktop, laptop, and hard drive revealed 100 image files and 20 video files that contained child pornography.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on March 1, 2019.

The complaint is a result of an investigation by the Orleans County Sheriff's Office, under the direction of Sheriff Randy Bower, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Hicks, a/k/a Boog, a/k/a Boogy, 34, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to distribute marijuana, was sentenced to serve 30 years in prison by U.S. District Judge Richard J. Arcara. In addition, Judge Arcara ordered the defendant to forfeit $10,400,000 in proceeds from illegal drug trafficking activity.

Assistant U.S. Attorneys Paul Parisi and Wei Xiang, who handled the prosecution of the case, stated that Hicks was a member of the Schuele Boys Gang which operated in the Schuele Street area of the East Side of Buffalo. The gang is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.

As a member, the defendant was the Buffalo-based main point of contact for the gang’s cocaine and marijuana supplier, Julio Contreras of McAllen, Texas. Hicks’s co-defendant, Roderick Arrington, was previously convicted following a jury trial in 2017 of the shooting murder of Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens in Buffalo on August 30, 2012. Hicks, Arrington, and other Schuele Boys members believed that Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier. Arrington was sentenced to life in prison for murder in aid of racketeering.

“This defendant is the last, of more than two dozen individuals, to be sentenced in our prosecution of a violent street gang that terrorized the East Side of Buffalo and its citizens for a number of years, “ said U.S. Attorney Kennedy. “Our office is determined to bring the leaders, members, and associates of these street gangs to justice. We realize that these gangs spread something much more ruinous to our communities than large amounts of drugs and countless acts of violence. These gangs spread despair. By taking them on, we hope to restore the community’s faith not only in the rule of law but in the possibility for a more productive and positive future.”      

Hicks is one of 28 Schuele Boys Gang members and associates to be charged and convicted in this case and the final defendant to be sentenced. 

Today’s sentencing is the result of an investigation by the FBI Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the New York State Police, under the direction of Major Edward Kennedy. Additional assistance was provided by the Erie County District Attorney’s Office, the Edinboro University Police Department in Pennsylvania, the West Tennessee Judicial Drug Task Force, the City of McAllen, Texas Police Department, HSI Harlingen, Texas, and the FBI offices in Houston, Texas and Jackson, Mississippi.

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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 Chansen Diaz, 30, 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 Diaz 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 Michael Harris, to steal gift cards and cash from the mail. The three men then used the stolen items to finance their lifestyles.

Charges remain pending against Cordell James and Michael Harris. 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 May 29, 2019, at 2:30 p.m. before U.S. District Judge David G. Larimer.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pablo Lugo III, 23, of Lockport, NY, who was convicted of possession with intent to distribute, and distribution, of fentanyl, was sentenced to serve 168 months in prison by U.S. District Judge Elizabeth A. Wolford. 

Assistant U.S. Attorneys Meghan A. Tokash and Joseph M. Tripi, who handled the case, stated that on March 29, 2015, Lockport Police Officers responded to 152 Caledonia Street and found an individual, K.R., deceased. Officers recovered four reddish paper wrappers in the bathroom, one of which was tested at the Niagara County Sheriff’s Office Forensic Laboratory and determined to contain fentanyl. An autopsy determined that K.R. died of acute fentanyl intoxication.

Text messages recovered from K.R.’s cellular phone revealed that on March 28, 2015, K.R. communicated with Lugo between 12:22 p.m. and 12:51 p.m. K.R. died shortly after the text message exchange. The defendant admits that K.R.’s death resulted from the drugs he gave to K.R.

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Niagara County Drug Enforcement Task Force, under the direction of Sheriff James Voutour; and the Lockport Police Department, under the direction of Acting Chief Steven Preisch.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony J. Prettyman, 28, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to serve 125 months in federal prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Judge Geraci sentenced Dwayne Banks, 30, of Elmira, NY, to serve 108 months in federal prison for his conviction on the same offense.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that both defendants were part of a large-scale opioid manufacturing and trafficking organization that operated in the Southern Tier of New York between 2015 and May 2017. As members of the organization, Prettyman and Banks were mid-level dealers of blue pills containing furanyl fentanyl and U-47700 in the Elmira area. The blue pills were manufactured by the leaders of the organization – Robert Ian Thatcher and Maximillian Sams – and made to look like legitimate 30 milligram Percocet pills.

Prettyman admitted to selling pills to various customers, including a 21 year-old female who ultimately died of drug overdose from using the pills. In addition, Prettyman admitted to smuggling more than 5,300 pills containing furanyl fentanyl to North Carolina in October 2016. Prettyman was caught by the Iredell County (North Carolina) Sheriff’s Office transporting the pills in the false bottom of a fake paint can.

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; 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 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

“The defendant, like every person on the street, is guaranteed certain rights under our Constitution. Among those rights are the rights to due process and a fair trial. The defendant exercised his constitutional rights and the jury acquitted him on three counts.  That is the way our Constitution and our system of justice are supposed to work. We accept the jury’s verdict, and we will be seeking an immediate retrial of the defendant on Count 4 of the Superseding Indictment.”

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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 Richard Henry Wojtkowski, 64, of Eden, NY, was arrested and charged by criminal complaint with falsifying an ATF Firearms Transaction Record while attempting to purchase a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the complaint on July 27, 2018, the defendant attempted to purchase a 12 gauge shotgun, at a Wal-Mart Store in Hamburg, NY. This purchased was denied because Wojtkowski is currently subject to an Order of Protection issued by the Eden Town Court in July 2018. The Order of Protection will not expire until July 24, 2020. The defendant answered "no" to question 11 (h) on the Firearms Transaction Record, which asks if the purchaser is subject to a court order prohibiting him from harassing, stalking or threatening his child or intimate partner or child of his intimate partner.

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

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Broadus, 33, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.           

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

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 Office.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Derrius Cunningham, a/k/a Baby, 41, of Buffalo, NY, with conspiracy to distribute and distribution of cocaine and crack cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Charles J. Volkert, Jr. and Brendan T. Cullinane, who are handling the case, stated that according to the indictment, between 2012 and February 20, 2019, the defendant conspired with others to distribute cocaine and crack cocaine in the Box Avenue and Moselle Street area of Buffalo. The indictment also accuses Cunningham of using the residence at 304 Moselle Street, and two businesses, LaPearlaboo’s Bar and Jeoni’s Wingstop, in furtherance of his drug trafficking activities.

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

The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the New York State Police, under the direction of Major Edward Kennedy; 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Blackwell, 34, of Gates, NY, pleaded guilty to possession of child pornography before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 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 Blackwell was discovered actively trading child pornography from an apartment in Gates during an operation conducted by the FBI. Special Agents executed a search warrant at a residence that the defendant occupied during the period in question and seized digital items belonging to Blackwell. A forensic examination determined that the items contained multiple images and videos of child pornography, including images that depicted the sexual abuse of prepubescent minors. 

Sentencing is scheduled for May 22, 2019, before Judge Wolford.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Adam C. McFadden, and George H. Moses, both of Rochester, NY, were charged by criminal complaint with wire fraud; conspiracy to commit wire fraud; money laundering; and conspiracy to commit money laundering. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, McFadden is a member of the Rochester City Council, and Moses is the former Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA), which provides housing opportunities and services for the Rochester community and a board member of the Rochester Housing Charities (RHC). The RHA has an annual contract with the United States Department of Housing and Urban Development from which it receives millions of dollars.

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

On July 7, 2015, the RHC entered into an $87,500 one year contract with Capital Connection Partners LLC (CCP) in Washington, D.C. for various services including: (a) advocating at the local, state and federal level of government for policy and legislation, reviewing best practices, and issuing presentations to elected officials; and (b) finding self-sufficient resources to include creating entrepreneurial opportunities and workforce development, developing revenue streams for residents, and applying for federal home loan bank grants.

The following day, on July 8, 2105, McFadden, on behalf of his company, Caesar Development LLC, executed a contract with CCP entitled the Pass Through Funding and Services Agreement, which provided that CCP would pass through 75% of the funds it received from the RHC to Caesar Development LLC.
          
The defendants caused the RHC to enter into the RHC/CCP contract knowing that CCP and McFadden would not be providing the majority of the services required under the terms of the contract. The defendants also concealed that CCP would be diverting most of the funds received from the contract to McFadden.

On August 3, 2015, the RHA on behalf of the RHC paid CCP $43,750, which represented the first installment payment under the terms of the RHC and CCP Contract. Thereafter, on August 8, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHA.

Subsequently, on December 23, 2015, the RHC paid $43,750 to CCP, which represented the second installment payment under the terms of the RHC and CCP Contract. On the following day, December 24, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHC.

To deceive the RHA and the RHC into making the payments to CCP, the defendants caused fraudulent invoices from CCP to be submitted to the RHC that falsely stated that CCP had provided various services required under the terms of the RHC/CCP contract, when in fact, such services had not been performed.

In October 2018, Moses was also charged with making false statements to Special Agents of the FBI in connection with the investigation, those charges remain pending.

In announcing the charges, U.S. Attorney Kennedy noted that, “the charges contained in the criminal complaint filed today should serve as a reminder to all public officials and holders of public office—you are elected to serve, not to take. If you put your own financial interests above the public trust, then your payback may well be the filing of federal criminal charges.”

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 Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.

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 Robin Williams, 56, of Canada, who was convicted of unlawfully importing marijuana in the form of hashish, was sentenced, in absentia, to serve 41 months in prison, by U.S. District Judge Richard J. Arcara.              

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 21, 2006, the defendant attempted to enter the United States at the Peace Bridge Port of Entry with a quantity of marijuana. Some of the marijuana was found in Williams’ pants pocket. Also located in the defendant’s truck was an additional 108 pounds of marijuana.

Williams pleaded guilty on August 1, 2007, to the charge and sentencing was scheduled for November 14, 2007. However, the defendant failed to appear for sentencing. In light of Williams’ continued failure to appear for sentencing, Judge Arcara granted a motion filed by the Government to have the defendant sentenced in absentia.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Feng Yang Chen, 43, of Flushing, NY, who was convicted of conspiracy to violate the Mann Act and the Travel Act related to the operation of an interstate prostitution business and using the internet to promote prostitution, was sentenced to serve 57 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that between March 2011 and March 2016, Chen operated a multi-state prostitution organization. The defendant was the leader of the organization – she told the victim sex workers how much to charge, what sex acts to provide, and where they had to work. Chen actively advertised the women on Backpage.com and operated a call center from her home in Flushing, Queens that scheduled meetings between prostitutes and their clients. The Government identified more than 6,000 Backpage advertisements that led to encounters with prostitutes in multiple states including New York, Connecticut, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas. Some of the commercial sex acts took place in Tonawanda, NY and Henrietta, NY.  

The defendant, who worked with co-defendants Chengqi Li and LiangLiang Guo, victimized at least 12 individuals who traveled state to state to engage in prostitution in various hotels. Chen recruited the victim women in China and used threats of violence and deportation against the victims and their families to force participation. One victim indicated that the defendant forced her to have commercial sex with rapists and made her work while she was menstruating and ill. After another victim was badly assaulted by a client, Chen forced the victim to return to work immediately, showing no compassion for her physical and emotional injuries.

“The conduct by the defendant amounted to treating her sex workers as modern day slaves,” noted U.S. Attorney Kennedy. “She had the victims sell their bodies—robbing them of their dignity—in order that she might enrich herself. Such heinous behavior bought Chen the one thing she truly earned—a significant prison sentence.”         

“Many people are unaware that human trafficking occurs and this tragic crime usually goes unnoticed in the United States,” said HSI Special Agent-in-Charge Kevin Kelly. “While we can't erase the suffering these women experienced, we can aggressively investigate and prosecute those responsible. HSI and our partners will continue to send a powerful warning that consequences await those engaged in these heinous acts.”

The defendant made more than $2,000,000 each year from the prostitution business. The Court has ordered the forfeiture of approximately $450,000 in proceeds from the illegal prostitution activities; proceeds from the sale of two properties located in Flushing, NY; a 2012 Porsche Cayenne; as well as multiple cellular telephones, computers, and iPads utilized during the prostitution conspiracy. In addition, Chen was ordered to pay the victims more than $290,000 in restitution.

At sentencing, the Court noted the serious nature of the offense and the defendant’s financial motivation. The Court also noted that other individuals who worked for Chen were prosecuted and are currently in jail. Defendants Li and Guo were previously convicted, Li was sentenced to serve 21 months in prison, and Guo was sentenced to serve six months in prison.

Today’s sentencing is the result of an investigation by the U.S. Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Donna Pham, 46, of Ontario, Canada, pleaded guilty, before U.S. District Judge Richard J. Arcara, to conspiracy to defraud the United States. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.              

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on January 6, 2019, a black Mercedes attempted to enter the United States from Canada at the Rainbow Bridge Port of Entry. The vehicle was registered to the defendant, a settlement worker in Canada who assisted Canadian permanent residents and refugees in understanding the Canadian education system. During primary inspection, Pham presented herself and a front seat passenger as Canadians, with Canadian passports. The defendant did not declare or present for inspection a Senegalese alien, who was secreted in the trunk of her vehicle. Subsequently, Customs and Border Protection officers discovered the alien, who was detained along with Pham.

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

Sentencing is scheduled for May 31, 2019, at 12:30pm 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 Ernest Clayburn Cauley, Jr., 27, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that between March 2017 and November 7, 2017, the defendant conspired with co-defendant Zakiel Fields, and others, to sell methamphetamine in the Jamestown, NY area. Cauley and Fields were the main suppliers of methamphetamine to a drug trafficking organization that was being investigated by the Federal Bureau of Investigation and the Jamestown Metro Drug Task Force (JMDTF).

On April 26, 2017, Cauley met with an individual working with the task force, and exchanged methamphetamine for $120.00 in cash. The defendants were subsequently arrested on November 6, 2017, following a drug transaction during which Cauley and Field received a quantity of methamphetamine. Cauley and Fields, driving in separate cars, were pulled over by police and arrested. Methamphetamine was found in the car in which Fields was riding.

Co-defendant Zakiel Leonard Fields, Jr. was previously convicted and is awaiting sentencing.     

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

Cauley is scheduled to be sentenced on July 2, 2019, at 9:30 am before Judge Vilardo.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Todd Laraba, 41, of Buffalo, NY, with Hobbs Act robbery and conspiracy, and marijuana conspiracy. The charges carry a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment and a previously filed complaint, on September 28, 2017, shortly before 9:00 p.m., two men entered the residence at 540 Harrison Avenue in Buffalo, NY, and went to the family room where an elderly couple (victims) was watching television. The complaint states that the men were wearing black hooded sweat shirts, black pants, black gloves and skeleton masks, and one of the men had a husky or larger build. One of the men stated to the victims, "This isn't going to hurt, or take long. You won't get hurt, just relax." The men zip tied the victims’ hands and ankles with black zip ties and placed duct tape across the victims’ mouth and eyes. One of the men stayed with the victims while the other went to the attic of the residence. After approximately ten minutes the victims heard the rear door close. At this time they removed the duct tape from their eyes and mouth. One of the victims observed one of the men fleeing while carrying what appeared to be a lockbox.

The Town of Tonawanda Police Department responded and while processing the scene, officers recovered four black zip ties, four pieces of glossy duct tape, and other items.

Subsequent DNA testing determined that the major DNA profile obtained from the zip ties obtained from the ankles and wrists of one of the victims matched the DNA of Laraba.
In addition, between April and November 2017, the defendant conspired with others to possess and distribute marijuana.

“I applaud the dogged efforts of investigators from the Tonawanda Police and the Erie County Sheriff’s Departments, who, along with the federal partners at HSI and the FBI, never gave up on identifying and tracking down the person responsible for terrorizing these elderly victims in the serenity of their own home,” stated U.S. Attorney Kennedy. “The arrest of this defendant should send a strong message to anyone thinking about preying on those most vulnerable—you will be discovered; you will be apprehended; and you will be brought to justice.”       

The indictment is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Town of Tonawanda Police Department, under the direction of Jerome C. Uschold, III; U.S. Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Tunison, 29, of Olean, NY, 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 Wei Xiang, who is handling the case, stated that according to the complaint, on January 14, 2019, the Cuba, NY Police Department alerted the FBI regarding the possible sexual exploitation of a child using social media. Subsequent investigation determined that in November of 2018, Tunison used one or more social media applications to communicate with a 13 year old female. The defendant sent numerous lewd images of himself to the minor, and solicited the minor to produce and send various images of herself to him.

Tunison made an appearance before U.S. Magistrate Judge Michael J. Roemer and is being held following a detention hearing.

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

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 a 15-count indictment charging Michael Margiotta, 48, of Rochester, NY, with wire fraud, money laundering, and filing a false tax return. The charges carry a maximum penalty of 20 years in prison.  

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, between May 2011 and January 2014, the defendant was Chief Executive Officer of eHealth Global Technologies, Inc. As eHealth CEO, Margiotta entered into a contract with Healthcare Network Alliance, LLC (HCNA) for employment recruiting services. According to the contract, HCNA received a fee totaling 20% of an eHealth employee’s base salary for the first year for each employee referred by HCNA and hired by eHealth. The defendant caused HCNA to issue fraudulent invoices to eHealth and then directed subordinate employees at eHealth to pay the invoices.

In addition, Margiotta caused an individual, identified as Consultant A, to submit fraudulent invoices to eHealth for services actually provided to an unrelated entity known as Action Against Child Maltreatment, Inc. (AACM) that Margiotta controlled. Once again, the defendant directed subordinate employees at eHealth to pay the invoices.

In total, the defendant caused eHealth to pay approximately $455,000 in false and fraudulent invoices. A substantial portion of those funds were transferred into Margiotta’s personal brokerage accounts.

Furthermore, for the tax years 2011-2014, on his personal income tax returns, the defendant falsely overstated his business expenses and/or understated his business income, among other misstatements, and as a result, he evaded approximately $341,000 in taxes owed to the United States. Margiotta also filed false tax returns for his charity, AACM, for tax years 2013-2014, in order to conceal the improper transfer of $80,000 of AACM’s assets to himself.

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

The indictment is the culmination of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gabriel Murillo, 44, of San Bernadino County, California, was arrested and charged by criminal complaint with attempted online enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, a lifetime period of supervised release, and a $250,000 fine. 

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

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

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

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

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 Fawzi Al-Arashi, 41, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute a controlled substance, was sentenced to serve 12 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the investigation began in early 2012 when the Los Angeles Field Office of the Drug Enforcement Administration (DEA) notified the DEA's Buffalo Field Office of a suspected synthetic marijuana shipment destined for Buffalo. The package was delivered to the defendant at 3407 Delaware Avenue in the Town of Tonawanda, home of Town Tobacco.

Subsequent investigation revealed that Al-Arashi sold synthetic marijuana, also known as “Spice,” under such names as “Strawberry Flavored Potpourri,” “Tiger Shack,” “Atomic,” “G-20,” and “California Dreams” out of  Town Tobacco on Delaware Avenue in Tonawanda, and at Welcome Welcome on Main St. in North Tonawanda.

Throughout the investigation, police received numerous complaints regarding the stores. One woman called and stated that her son was in the Erie County Medical Center Psychiatric Ward after using synthetic marijuana that he bought at Town Tobacco.

On July 25, 2012, authorities executed a search warrant at a warehouse leased to the defendant where he stored the synthetic marijuana, and found some 75 pounds of the products, which were typically sold in small sealed packets.
 
As part of the plea agreement, Al-Arashi forfeited more than $290,000 seized from various of his bank accounts as well as a 2012 Toyota Tundra.    

In announcing the sentence, U.S. Attorney Kennedy stated, “Despite the ‘green rush’ sweeping through our region of late, today’s sentencing makes two things crystal clear: (1) the manufacture and distribution of marijuana—whether real or synthetic—remain federal crimes; and (2) proceeds from the manufacture and distribution of marijuana remain subject to federal seizure and forfeiture.”     

Today’s sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in- Charge, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of  under the Major Mary Clark; the Tonawanda Police Department, under the direction of Chief Jerome Uschold; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; the Amherst Police Department, under the direction of Chief John Askey; and the Cheektowaga Police Department, under the direction of Chief David Zack. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan M. Serrano Acevedo, also known as Juan Acevedo-Serrano, 36, of Lockport, NY, who was convicted of possession with intent to distribute at least 500 grams of cocaine, was sentenced to serve 30 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that in late October of 2015, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Lockport. During the execution of a search warrant on the package, law enforcement officers discovered two pounds of cocaine hidden inside an oatmeal canister. At that time, the USPIS removed the cocaine from the package. 

On December 30, 2015, Serrano Acevedo went to the Lockport Post Office to sign for and accept the package addressed to him. After exiting the post office, the defendant was arrested. Following the arrest, Serrano Acevedo admitted that he ordered the cocaine, that he had previously received a package that contained cocaine, and that he sold cocaine.

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 Division, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.

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 15-count indictment charging Michael Margiotta, 48, of Rochester, NY, with wire fraud, money laundering, and filing a false tax return. The charges carry a maximum penalty of 20 years in prison.  

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, between May 2011 and January 2014, the defendant was Chief Executive Officer of eHealth Global Technologies, Inc. As eHealth CEO, Margiotta entered into a contract with Healthcare Network Alliance, LLC (HCNA) for employment recruiting services. According to the contract, HCNA received a fee totaling 20% of an eHealth employee’s base salary for the first year for each employee referred by HCNA and hired by eHealth. The defendant caused HCNA to issue fraudulent invoices to eHealth and then directed subordinate employees at eHealth to pay the invoices.

In addition, Margiotta caused an individual, identified as Consultant A, to submit fraudulent invoices to eHealth for services actually provided to an unrelated entity known as Action Against Child Maltreatment, Inc. (AACM) that Margiotta controlled. Once again, the defendant directed subordinate employees at eHealth to pay the invoices.

In total, the defendant caused eHealth to pay approximately $455,000 in false and fraudulent invoices. A substantial portion of those funds were transferred into Margiotta’s personal brokerage accounts.

Furthermore, for the tax years 2011-2014, on his personal income tax returns, the defendant falsely overstated his business expenses and/or understated his business income, among other misstatements, and as a result, he evaded approximately $341,000 in taxes owed to the United States. Margiotta also filed false tax returns for his charity, AACM, for tax years 2013-2014, in order to conceal the improper transfer of $80,000 of AACM’s assets to himself.

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

The indictment is the culmination of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge, New York Field Office.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy McCluskey, 61, of Williamsville, NY, who was convicted of conspiracy to commit mail fraud, was sentenced by Chief U.S. District Judge Frank P. Geraci, Jr. to serve two years’ probation to include six months home detention. Judge Geraci also ordered the defendant to perform 100 hours of community service.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between November 21, 2014, and January 2015 the defendant conspired with another individual to defraud the International Union of Painters & Allied Trades (IUPAT).

Specifically, in December 2014, McCluskey caused a back-dated application seeking to have his then deceased brother reinstated into the union. In January of 2015, the defendant filed a death benefit claim in his brother’s name with the union, and as a result, IUPAT issued life insurance proceeds to defendant in the amount of $2,500.

In addition, between December 2014 and February 2015, defendant engaged in a scheme to defraud the Hartford Insurance Company, by falsely claiming to IUPAT that his deceased brother had worked over 500 hours at his painting company, E&M Star Painting, Inc., between January 2014 and March of 2014, such that his deceased brother would be eligible for a $50,000 life insurance policy.

Today’s 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, the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division, the Employee Benefits Security Administration, under the direction of Carol S. Hamilton, Acting Regional Director, 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jerry Hayes, 71, of West Seneca, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to unlawfully mailing lottery tickets and related matter. The charge carries a maximum penalty of two years in prison and a $250,000 fine.

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

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

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

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

As a result of the scheme, Hayes collected approximately $90,713 in cash and postage stamps.

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

Sentencing is scheduled for May 9, 2019, at 2:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Sergio Ramses Mucino, 48, of Buffalo, NY, who was convicted of tax evasion and conspiracy to unlawfully employ more than ten aliens during any 12-month period, was sentenced to serve 12 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant owned and operated multiple restaurants in the Western New York area, including: Don Tequila, located at 73 Allen Street, Buffalo; El Agave located at 3870 Union Road, Cheektowaga, NY; Agave, located at 765 Elmwood Avenue, Buffalo; and La Divina, located at 2896 Delaware Avenue, Kenmore, NY.

For the tax years 2013, 2014, and 2015, Mucino owed substantial federal income tax as a result of income generated at the his restaurants through his employment of illegal aliens. However, the defendant concealed cash payments, failed to collect payroll taxes, paid employees with cash, and placed assets in the names of others, to evade payment of income taxes totaling $1,006,161.

Between March of 2014 and October 16, 2016, Mucino, along with co-defendants Jose Sanchez-Ocampo and Marguin Sanchez, conspired to hire at least 10 illegal aliens to work in the defendant’s restaurants. In furtherance of the conspiracy, Mucino provided money to Sanchez to purchase homes where the alien employees would live, including 149 North End in Kenmore, and 4024 Union Road in Cheektowaga. The defendant also paid rent for nine apartments where the alien employees lived. The two houses and nine apartments were within close proximity to the defendant’s restaurants.

Mucino is forfeiting nearly $40,000 in cash that was seized from his restaurants, a 2009 Porsche Boxster that the defendant purchased with his illegal profits, and another $1,000,000 representing additional profits made from operating the restaurants against the laws of the United States. Previously, Mucino forfeited two houses, which housed some of the illegal workers, as well as another $35,000 in cash by managers of Mucino’s restaurants.

Jose Sanchez-Ocampo and Marguin Sanchez were previously convicted.

“Those employers who evade immigration laws and put their own financial interests above the responsibilities incurred by all citizens of our country do great harm to the fabric of our Nation,” noted U.S. Attorney Kennedy. “While immigration and economic opportunity are part of the warp of our Nation’s fabric, their value exists only when interwoven into the weft of unyielding principles such as fairness and respect for the law. Through this prosecution we seek to reinforce our adherence to those important and enduring principles, as without them, the fabric of our Nation will be frayed into a tattered collection of individual threads of self-interest.”

“Today’s outcome marks the successful culmination of a complex worksite investigation and demonstrates our intent to hold businesses accountable who ignore their employment and tax obligations,” said Kevin Kelly, HSI Buffalo Special Agent-in-Charge. “Employers who knowingly hire unauthorized workers are not only contributing to the magnet that fuels illegal immigration, but these illegal practices also undercut legitimate businesses who play by the rules.”

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 Investigations 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 Executive Deputy Commissioner Nonie Manion.

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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 Loren Glen Warner, 29, of Fresno, CA, who was convicted of production of child pornography, was sentenced to serve 20 years in prison and 15 years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in early January, 2017, the defendant met the 14 year-old victim at her family’s church in Cattaraugus County, NY, and the two began communicating via Facebook and Snapchat. During those communications, Warner, who knew the victim was 14 years-old, began making sexual references and statements, and sent sexually explicit images of himself to the victim. The defendant also asked for and received nude photographs of the victim.

Warner also met a 13 year-old victim at a church in Fresno, California. Over several years, the defendant requested and received child pornography images and videos from that victim as well.

In March 2017, the defendant pleaded guilty to Rape in the Second Degree, and Endangering the Welfare of a Minor in Cattaraugus County Court and was sentenced to seven years in prison.

Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major Edward Kennedy; and the Cattaraugus County District Attorney’s Office, under the direction of Lori Rieman.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert J. Elford, 30, of Oneida, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to serve 121 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Judge Geraci sentenced Deven Hill, 25, of Elmira, NY, to serve 37 months in prison for his conviction on a charge of conspiracy to possess with intent to distribute, and to distribute, a fentanyl analogue.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that both defendants were part of a large-scale opioid manufacturing and trafficking organization that operated in the Southern Tier of New York between 2015 and May 2017. As members of the organization, Elford and Hill were street-level dealers of blue pills containing furanyl fentanyl in the Elmira area. The blue pills were manufactured by the leaders of the organization – Robert Ian Thatcher and Maximillian Sams – and made to look like legitimate 30 milligram Percocet pills.

Elford and Hill each admitted to selling pills to various customers, including a 25 year-old male who ultimately died of drug overdose from using the pills.

To date, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Four 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; Edward Barrett was sentenced to 90 months in prison; Dusty Pemberton was sentenced to 70 months in 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 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 Samet Cekic, 34, of Greece, NY, was arrested pursuant to a fugitive complaint filed by the United States Attorney Office, fulfilling obligations pursuant to an extradition treaty which exists between the United States and Turkey.

Assistant U.S. Attorney Douglas E. Gregory, who is handling the proceedings, stated that, according to information provided by the Government of Turkey, Cekic was previously convicted of Attempted Intentional Killing under Turkish Law. That conviction stemmed from an incident which occurred on September 22, 2006, in the Province of Corum, District of Alaca, Turkey, during which defendant was alleged to have engaged in a fight during which he stabbed an individual multiple times with a knife, causing life-threatening injuries. On July 2, 2008, defendant was sentenced to serve five years and seven months in prison. However, he ultimately failed to appear to serve that sentence. The defendant was located Tuesday by the United States Marshals service as he left his residence in Greece. Pursuant to the Treaty, the Government of Turkey submitted a formal request through diplomatic channels for the extradition of Cekic, so that he may serve the previously imposed sentence. 

Cekic’s arrest is the result of the efforts of the U.S. Marshals Service, under the direction of Marshal Charles Salina. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bruno J. Haney, II, 29, Marissa L. DeCarlo, 26, and James O. White, 27, all of Lockport, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, heroin, butyryl fentanyl, and fentanyl that resulted in serious bodily injury and death. The charge carries a mandatory minimum penalty of 20 years in prison and a maximum of life.     

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, in the early morning hours of March 25, 2017, officers from the Medina, NY Police Department found an individual identified as W.S. unresponsive and in cardiac arrest. W.S. later died. Officers recovered three small, clear, zip lock baggies containing a powder residue and a hypodermic needle in W.S.'s pant pockets. A subsequent analysis determined the substance contained heroin and fentanyl. The coroner ruled that the cause of death was the combined effects of fentanyl and alcohol.

Text messages retrieved from the cellular telephone of W.S. show that on the evening of March 24, 2017, W.S. ordered a half of a “bun,” which is street slang for half of a bundle of heroin from a contact saved on W.S.'s cellular phone as “James,” which was determined to be defendant James White.

Subsequent to W.S.’s death, law enforcement officers, in June 2017, conducted two controlled buys of half a bundle of heroin from White. During each of those purchases, White left his Caledonia Street residence and went to Haney’s Prospect Street residence.  Additionally, in April and June 2017, law enforcement officers conducted three controlled purchases from Haney at his Prospect Street residence that he shared with DeCarlo.  On June 16, 2017, members of the Niagara County Drug Task Force and the Drug Enforcement Administration executed a search warrant at Haney and DeCarlo’s residence. Officers recovered a quantity of butyryl fentanyl, $515.00 in U.S. currency, and drug packaging paraphernalia.  In June and July of 2018, law enforcement officers made three additional controlled buys of heroin and fentanyl from Haney.

On October 09, 2018, the Lockport Police Department responded to a report of an overdose. Officers located an individual, identified as J.B., who was unresponsive with shallow breathing. Patrol officers administered two doses of Narcan and J.B. began making attempts to breathe. J.B. was transported by ambulance to the hospital for further medical treatment. J.B. later told officers that she overdosed on what she thought and was told was heroin, which she purchased from Haney. DeCarlo was present during that purchase.

On January 14, 2019, Haney was indicted in Niagara County Court for three counts of Criminal Possession of a Controlled Substance 3rd and three counts of Criminal Sale of a Controlled Substance 3rd. He was arrested on January 18, 2019. During a search of a residence on East Avenue in Lockport, officers recovered a quantity of a mixture of heroin and fentanyl, a quantity of fentanyl, a quantity of marijuana, $978 in U.S. currency, and drug packaging paraphernalia.

While in custody in the Niagara County Jail, Haney made several phone calls to DeCarlo directing her to collect money owed to Haney for drug transactions. The two also discussed Haney’s source of supply and how to proceed with their narcotics activity.

On January 24, 2019, the Niagara County Drug Task Force received an online complaint that Haney was out on bail and was again selling narcotics at his residence on East Avenue.                

White was arrested on January 22, 2019, by the Orleans County Major Felony Crime Task Force and charged with felony manslaughter in the second degree. While incarcerated at the Orleans County Jail, White made a phone call to an unknown individual, during which he stated, “they are trying to say that back in 2017 I caught a body.” White further stated that he got “him” (W.S.) half a bundle from Bruno.

The complaint is the result of an investigation by the  Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour; the Niagara County District Attorney’s Office, under the direction of District Attorney Caroline A. Wojtaszek; the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Randy Bower; the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph V. Cardone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Lockport Police Department, under the direction of Chief Steven Preisch. 

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 Travis Sanders, 32, of North Richland Hills, Texas, formerly of Jamestown, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Special Assistant U.S. Attorney Jeremy V. Murray, who is handling the case, stated that according to the complaint, Homeland Security Investigations received a report from the Royal Canadian Mounted Police National Child Exploitation Center that an individual was communicating with a person with the username “Damion Forsberg” on Skype. The report indicated that “Forsberg” regularly shared pornography that sometimes included children in the content, and was believed to reside in Buffalo, NY or Florida. Subsequent investigation determined that “Forsberg” was actually the defendant, who resided at the time in Jamestown.  

Law enforcement officers seized Sanders’ laptop and cellular telephone. A forensic examination of the defendant's laptop computer revealed images and videos of minors engaged in sexually explicit conduct. The preliminary examination of the phone did not immediately reveal visual depictions of minors engaged in sexually explicit conduct but did reveal social networking applications with the alias “Damion Forsberg.” Officers also discovered that the defendant was chatting with a self-proclaimed minor female in 7th grade, from whom he requested her Snapchat account.

Members of the public who have specific information related to this case are urged to contact the HSI Buffalo Office at 716-464-6070. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources. If any members of the public have general questions or concerns regarding sexual abuse of children or would like guidance on how to discuss this issue with children, please call the Child Advocacy Program at 716-338-9844.

The defendant was arrested in Texas and made an initial appearance in the Northern District of Texas. Sanders is being detained and will be returned to the Western District of New York at a later date.
 
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. 

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

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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 Edward Barrett, 27, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of a fentanyl analogue, was sentenced to serve 90 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Judge Geraci sentenced Dusty Pemberton, 24, also of Elmira, to serve 70 months in prison for his convicted on a charge of conspiracy to possess with intent to distribute, and to distribute, 10 grams or more of a fentanyl analogue.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that both defendants were part of a large-scale opioid manufacturing and trafficking organization that operated in the Southern Tier of New York between 2015 and May 2017. As members of the organization, Barrett and Pemberton were street-level dealers of blue pills containing furanyl fentanyl in the Elmira area. The blue pills were manufactured by the leaders of the organization – Robert Ian Thatcher and Maximillian Sams – and made to look like legitimate 30 milligram Percocet pills.

Barrett and Pemberton each admitted to selling pills to various customers, including both a 21 year-old female and a 25 year-old male, respectively, who ultimately died of drug overdoses.

To date, 16 members and associates of the opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Three 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; and Isaiah McLaurin, who was convicted of witness tampering after threatening an individual working with the Drug Enforcement Administration on Facebook, was sentenced to serve 57 months in federal prison.

As U.S. Attorney Kennedy has previously stated, “That the members of this organization sought to profit by pushing poison on addicts, is reprehensible. In my view, however, what is even more insidious about their behavior was their effort to press this poison into counterfeit pills, thereby given their customers a false sense of security that there was some quality and dosage control associated with their manufacture.”
            
Today’s 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 Steven Hathaway, 42, of De Ruyter, NY, pleaded guilty to attempted receipt of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that the defendant engaged in online communications with an individual he believed to be a 12 year old girl. Over the course of several weeks, Hathaway engaged in sexually explicit conversations during which he asked for nude photographs and requested that the child meet in person to engage in sexual activity. At one point, the defendant purchased an iPhone for the child, which he placed in a location near the child’s home, so that the two could communicate and the child could send him photographs. Unbeknownst to Hathaway, the child was actually an undercover New York State Police Investigator.

On March 23, 2018, the defendant arranged to meet the child and was arrested by members of the New York State Police and Homeland Security Investigations.  

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 May 20, 2019, before Judge Siragusa. 

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 A. Heath, Jr., 46, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to serve 16 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Melissa Marangola, who prosecuted the case, stated the defendant used the Wi-Fi at a laundromat on Monroe Avenue in Rochester to download child pornography. On February 4, 2018, investigators encountered Heath at the laundromat and seized a laptop computer, which contained approximately 80 videos containing child pornography.

The defendant has a prior conviction for the sexual abuse of a 6-year-old girl. 

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dillon T. Boyington, 35, of Gates, NY, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to attempted online enticement of a minor. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine. 
 
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the defendant utilized a social media application in an attempt to meet a 14 year-old child for sex. As he traveled to meet such child on October 24, 2018, Boyington was intercepted by members of the New York State Police. Upon his arrest, the defendant was found to be in possession of condoms and candy, which he intended to give to the child. 

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

Sentencing is scheduled for May 15, 2019, before Judge Wolford. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Rivera, 35, of Williamsville, NY, was arrested and charged by complaint with theft of pre-retail medical products; trafficking in stolen pre-retail medical products; conspiracy to sell and distribute stolen pre-retail medical products; and wire fraud. The charges carry a maximum sentence of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that according to the complaint, since February 2007, the defendant was employed as a Senior Assistant Purchasing Associate for CVS Pharmacy. This position required Rivera to order a variety of retail products sold by CVS, including diabetic test strips. 

In July, 2018, CVS's internal systems red flagged the purchasing of diabetic test strips at the Humboldt CVS location in Rochester, NY. A package located in the store’s shipping area did not have a CVS label, included Rivera’s return address, and came from a company with which CVS does not do business. A subsequent internal investigation by CVS determined that Rivera routinely purchased diabetic test strips in excessive amounts, well over the need for the Humboldt location. The audit could not account for 20,203 boxes purchased by Rivera, for a total financial loss of approximately $2,535,307.62.

The complaint states that the defendant ordered the excessive amounts of diabetic test strips and then intercepted the shipments once they arrived. He then sold the stolen product to third party purchasers identified as National Medical Management and HMF Distributing Inc. A forensic accounting of Rivera’s bank accounts identified payments for the fraudulently obtained diabetic test strips were deposited into the defendant’s bank accounts.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and was released.

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, and the New York State Department of Financial Services, under the direction of Superintendent Maria T. Vullo.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Weber, 63, of Snyder, NY, who was convicted following a jury trial of making and subscribing a false tax return, was sentenced to serve 30 months in prison by U.S. District Judge Richard J. Arcara. Weber was also ordered to pay restitution totaling $190,547 to the Internal Revenue Service.

Assistant U.S. Attorneys MaryEllen Kresse and Stephanie Lamarque, who handled the prosecution of the case, stated that, prior to 2009, the defendant was a dentist operating a private dental practice in Williamsville, NY. In April 2009, Weber filed tax returns for the 2006 and 2007 tax years falsely stating that he was not a United States citizen and had not been present in the United States at any time during 2006 or 2007. Weber also falsely stated that his only taxable income in 2006 and 2007 came from dividends.

The defendant was born in the United States, lived in Snyder and worked in Williamsville, and knew that he was a United States citizen and that he had been living and working in the United States in 2006 and 2007. Weber also knew that in 2006 and 2007, in addition to his income from dividends, his gross receipts from his dental business had been in excess of $297,000 for 2006 and in excess of $283,000 for 2007.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Ian Thatcher, 31, of Elmira, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, U-47700 and 100 grams or more of furanyl fentanyl, was sentenced to serve 23 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant, along with co-conspirator Maximillian Sams, 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. The defendant 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 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 male – died after ingesting the blue pills containing furanyl fentanyl and U-47700. In addition, at least one individual – identified as J.M. – overdosed on more than one occasion after using the blue pills manufactured, 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 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, the defendant and Sams 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. Pills were also supplied 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. The defendant and Sams intended to use the seized furanyl fentanyl to manufacture and distribute additional quantities of the blue pills.

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

To date, 13 members and associates of the defendant’s opioid manufacturing and trafficking operation have been convicted of federal narcotics offenses. Each of those defendants is awaiting sentencing. Among them, Thatcher’s girlfriend, Amber Bates, who was convicted of money laundering conspiracy and sentenced to five years probation to include six months home detention. In addition, an Elmira resident, Isaiah McLaurin, was convicted in September 2017 of witness tampering, after he made threats on Facebook against an individual working with the Drug Enforcement Administration during the investigation. Chief Judge Geraci sentenced McLaurin to 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 Josue Vega, 37, of Kissimmee, Florida, who was convicted of possession of cocaine with intent to distribute, was sentenced to serve 18 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that on June 2, 2017, and June 15, 2017, the defendant sold 93 grams of cocaine in Rochester. Subsequently, on August 2, 2017, Vega was observed obtaining 31 grams of cocaine with the intent to distribute it to others. 

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Todd Cameron, 47, of Buffalo, NY, pleaded guilty to filing a false tax return and transporting and harboring an illegal alien, before U.S. District Judge Richard J. Arcara. The charges carry 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 between June 2012 and December 2015, Cameron operated the Buffalo Remodeling & Construction Co. of W.N.Y. and Buffalo Roofing Co. For the tax years 2013-2015, the defendant failed accurately to report income generated from his businesses to the Internal Revenue Service.

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

The plea 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, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for May 13, 2019, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr., together with Erie County District Attorney John J. Flynn, Central Police Services (CPS) Commissioner James Janciewicz, and Daniel Rinaldo, from the New York New Jersey High Intensity Drug Trafficking Area (HIDTA), announced today a first-of-its-kind initiative which is being implemented across Erie County to enhance law enforcement’s response to opioid overdoses. The initiative calls for state and local law enforcement officers who respond to an overdose in Erie County to input certain information into their on-board computers and to follow certain protocols for the processing of overdose scenes. 

“While we may not be able to prosecute our way out of this epidemic, that does not mean that prosecution has no role in our fight” stated U.S. Attorney Kennedy. “While prevention and treatment efforts are critical to success in driving down overdose death rates, prosecution also plays an important role. Treatment represents the appropriate way to deal with those addicted to these poisons.  Prosecution represents the appropriate way to deal with those drug dealers addicted to the profits generated by their spewing this poison into our community.”

The U.S. Attorney’s Office is partnering with the Erie County District Attorney’s Office, the New York-New Jersey High Intensity Drug Trafficking Areas (HIDTA), Central Police Services, and the Erie County Chiefs Association, to implement these new protocols help to ensure that those who are selling these potentially deadly opioids receive justice and those who are addicted receive treatment.

Under the initiative, when law enforcement officers arrive at what they believe to be an opioid overdose, certain information will be collected and imputed into a law enforcement database and standardized protocols regarding the processing of the overdose scene and the collection of evidence will be followed. In addition, the information will also be entered into ODMAP, a real time, national GPS mapping system which tracks overdoses, overdose deaths, and Narcan use nationwide.

U.S. Attorney Kennedy further stated, “By standardizing the way these overdose scenes are processed, we enhance our ability to prosecute those who peddle this poison.  At the same time, by simply tracking the location of non-fatal overdoses, we enhance the ability of treatment providers to reach those who are in the greatest need.  It is this simultaneous enhancement of both our law enforcement function—prosecuting drug dealers—and the treatment function—helping addicts—which constitutes a highly effective one, two punch in our effort to combat this deadly epidemic.”

“By establishing consistent protocols for all law enforcement, we will be able to preserve critical evidence in overdose death investigations in order to prosecute these opiate dealers,” said Erie County District Attorney John J. Flynn. “I want to thank U.S. Attorney Kennedy for bringing our partners in law enforcement together on this initiative. By streamlining our efforts, we will be better equipped to identify the drug dealers, and hopefully bring an end to this deadly epidemic.”

“This initiative represents the perfect partnership between law enforcement and public health,” stated Daniel Rinaldo, Drug Intelligence Officer with the New York-New Jersey High Intensity Drug Trafficking Areas (HIDTA). “Working together to implement these protocols, gather the evidence, and interview witnesses will enable us to prepare the strongest case possible for prosecution.”

To date, the U.S. Attorney’s Office has prosecuted 16 defendants for distributing heroin and/or fentanyl which caused the death of or seriously bodily injury to 23 victims. The Erie County District Attorney’s Office has also prosecuted one defendant for manslaughter in connection with an opioid related death.    

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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 Bin “Ben” Wen, 46, and Peng “Jessica” Zhang, 45, both formerly of Horseheads, NY, who were convicted of conspiracy to commit wire fraud and conspiracy to defraud the United States respectively, were sentenced by U.S. District Judge Elizabeth A. Wolford. Wen was sentenced to serve 33 months in prison while Zhang was sentenced to five years of probation, to include six months of home detention. The defendants were also ordered to pay $5,500,000 in restitution.

Assistant U.S. Attorneys Tiffany H. Lee and Grace M. Carducci, who handled the case, stated that between June 2010, and December 2015, the defendants participated in a scheme to defraud departments and agencies of the United States of federal research funds that were awarded to companies controlled by the defendants. The government entities defrauded by the defendants included: the National Science Foundation (NSF); the United States Department of Energy (DOE); and the United States Department of Agriculture (USDA). 

In December, 2003, Zhang incorporated United Environment & Energy, L.L.C. (UEE) in Horseheads, NY. Meanwhile, Wen incorporated Advanced Technologies and Materials, L.L.C. (ATM), in December, 2007, also in Horseheads. UEE submitted approximately 13 applications to NSF totaling over $2,600,000, 10 applications to the DOE totaling more than $5,000,000 and four applications to the USDA totaling approximately $650,000. The defendant received, through their companies, approximately $8,400,000 in awards from the NSF, the DOE, and the USDA.

Wen and Zhang submitted false and fraudulent information in Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) applications by:

• fabricating letters of support and investment; • providing false information in research grant proposals and reports regarding business entities, business employees, business/research facilities, matching funds and investments; and
• providing falsified reports and emails regarding how federal research funds were expended.

A substantial amount of the fraudulently obtained money went toward the personal use and benefit of the defendants.

“By diverting monies that were intended to promote innovation and technology in small businesses, the defendants, through their frauds, not only swindled taxpayers but stifled economic and scientific development,” stated U.S. Attorney Kennedy. “One of the core responsibilities of my Office is to ensure that those receiving federal funds are entitled to those funds and that such funds are spent in accordance with the purpose for which they were given. Where, as here, they are not, prosecution will follow.”

Allison Lerner, NSF’s Inspector General said, “It is imperative that federal award recipients be truthful in their grant submissions and that they use grant money appropriately. Through their repeated falsification of key personnel, investments, budget figures, and other information in proposals and reports, defendants fraudulently obtained millions of taxpayer dollars intended to advance new technologies. I commend the U.S. Attorney’s Office and our investigative partners for their strong support in this effort to protect the integrity of the SBIR/STTR programs.”

Teri L. Donaldson, Department of Energy Inspector General said: “These sentencings serve as a reminder that fraud in the SBIR Program will not be tolerated. The Office of Inspector General remains committed to ensuring the integrity of our programs by holding accountable those who attempt to hide behind sophisticated schemes aimed at diverting Federal research funds. We appreciate the efforts of the DOJ in pursuing this matter and will continue to work aggressively with our investigative partners to bring to justice those who seek to defraud government programs.”

IRS-Criminal Investigation NY Field Office Acting Special Agent-in-Charge Jonathan D. Larsen said, “Today’s sentencing emphasizes the fact that in addition to our tax mission, we are also an essential part of the larger law enforcement community.   The detailed analysis of the extremely complex flow of money in this case demonstrated how the defendants laundered the fraudulent grant proceeds they received and led to the seizure of over $6 million in assets that will be forfeited.”

“The sentencing in this investigation of fraudulent grant practices demonstrates that those who seek to do business with the Federal government will be held responsible for maintaining the highest level of integrity,” said Douglas Shoemaker, Regional Special Agent-In-Charge, U.S. Department of Transportation Office of Inspector General (DOT-OIG). “The Department has made accountability a top priority and working with our law enforcement and prosecutorial partners, we will continue our vigorous efforts in preventing, detecting and prosecuting grant fraud.”

Today’s sentencings are the result of a joint investigation by Special Agents with the National Science Foundation, Office of Inspector General, under the direction of Inspector General Allison Lerner; the Department of Energy, Office of Inspector General, under the direction of Inspector General Teri L. Donaldson; the Internal Revenue Service, Criminal Investigations, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office; and the Department of Transportation, Office of Inspector General, under the direction of Special Agent-in-Charge Douglas Shoemaker.

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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 Carlique DeBerry, 40, of Buffalo, NY, who was convicted of distribution of fentanyl causing death, was sentenced to serve 20 years in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorneys Brendan T. Cullinane and Wei Xiang, who handled the case, stated that on February 25, 2016, the defendant traveled to Hamburg, NY, shortly after 9:00 p.m. to the home of a repeat drug customer identified as R.G. DeBerry sold a quantity of “heroin” to R.G. then left. Shortly after midnight, R.G.'s mother found R.G. slumped over deceased in a chair. 

Law enforcement officers who responded to the residence seized R.G.'s cell phone. The next morning, the defendant sent a text message to R.G. stating, "Call me wen u get this bro." A police officer pretending to be R.G. responded, leading to the following exchange with the defendant:

“R.G.”:           Yo my mins are about used. What's up? That was some good (expletive) last night
Defendant:     K Just checkn on u thts all
“R.G.”:           That was some heavy stuff wtf was up w thay
Defendant:    Its pure thats whats up wit it bro

Deberry then arranged to sell another bundle of the “heroin” for $100.

An autopsy determined that R.G.’s cause of death was acute fentanyl intoxication.

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

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