Western District of New York

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jesus Rojas, 32, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine and crack cocaine, was sentenced to serve 36 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between October 27, 2016, and October 23, 2017, the defendant on five separate occasions sold cocaine to a confidential source working with law enforcement officers. On January 5, 2017, a search warrant was executed at Rojas’s residence on Military Road in Tonawanda. Officers seized over 25 grams of marijuana and a digital scale. A second search warrant was executed on October 23, 2017, and officers seized another quantity of marijuana.

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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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 Levon Dickson, 44, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
 
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between June and August of 2017, the defendant distributed more than 500 grams of cocaine in the Western District of New York. Specifically, on three occasions, Dickson sold cocaine to an undercover law enforcement officer. On August 3, 2017, a search warrant was executed at the defendant’s residence and officers recovered cocaine and items used to distribute cocaine.

The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, 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 Beau K.C. Jones, 34, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, 50 grams or more of methamphetamine, was sentenced to serve 100 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that the defendant was arrested on December 1, 2016, along with his brother Matthew S. Jones, after a shipment of more than 360 grams of methamphetamine was delivered, via the U.S. mail, to the brothers at Matthew S. Jones’ residence at 70 Colfax in Jamestown. Shortly after the delivery, Beau K.C. Jones was arrested during a car stop by police and the parcel containing the methamphetamine was discovered in the backseat of his vehicle. Matthew S. Jones was arrested later that day during a separate car stop. A safe was found in the trunk of his car containing an additional quantity of approximately 80 grams of methamphetamine.

Matthew S. Jones was previously convicted and also sentenced to serve 100 months in prison.

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; and the Jamestown Police Department, under the direction of Chief Harry Snellings.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that LiangLiang Guo, 32, of Flushing, NY, who was convicted of conspiracy to use interstate facilities to promote prostitution and to transport individuals in interstate commerce with intent that such individuals would engage in prostitution, was sentenced to serve six months in prison by U.S. District Judge Lawrence J Vilardo.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendant, and co-defendants Feng Yang Chen and Chengqi Li, were part of a multi-state prostitution business that sent female victims to cities and states across the Eastern United States to engage in commercial sex acts. As part of that business, Chen and Li posted advertisements on Backpage.com to set up meetings between clients and prostitutes in Tonawanda, NY and other cities and states. Guo acted as a driver for the prostitution business, driving the females to hotels where they would engage in commercial sex acts.  Guo also collected the proceeds of the illicit prostitution business and provided them to Chen.

Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, 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.
 
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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 Scott Gaddy, 48, of Albany, NY, was arrested and charged by criminal complaint with bribery concerning programs receiving federal funds, and honest services wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, the defendant, a lobbyist registered with the State of New York, owns and operates the lobbying firm Excelsior Advocates, LLC. At various times, Excelsior Advocates maintained lobbying contracts with the Rochester Genesee Regional Transportation Authority, and the Rochester City School District.

During an investigation into allegations of fraud and corruption involving a large re-development project in the City of Rochester, the FBI identified potential corrupt acts by Gaddy and various public officials. As a result, special agents began an investigation into the relationship between the defendant and New York State Assemblyman Joseph Errigo.

Working with an individual known to the FBI, special agents arranged for that individual to approach Gaddy about paying a bribe to Member A in order to introduce certain legislation.

On September 4, 2017, the individual met with Gaddy who and stated that he represented a wealthy client who wanted to stop the proposed development in Monroe County and was willing to pay $15,000 in order to do so. The defendant responded, “Yeah . . . yeah, no problem.” Over the next few weeks, the individual met with Gaddy to discuss and plan the bribery scheme, including the roles of Assemblyman Joseph Errigo and another assembly member identified as Member A.

On February 9, 2018, Gaddy arranged for a meeting between the individual and Errigo at Errigo’s Pittsford, NY office. During that meeting, the individual gave $1,500 cash to Errigo and $2,500 to Gaddy. On March 16, 2018, the individual gave Errigo another $2,000.

On March 27, 2018, Errigo introduced a bill consisting of the proposed legislation, which was assigned bill number A10227. The individual paid Gaddy another $2,000. On April 13, 2018, the individual paid Errigo another $2,000.

The individual paid Errigo and Gaddy a total of $10,500 to obtain the introduction of proposed legislation in the New York State Assembly, and begin the process of obtaining passage of a State law.
Joseph Errigo was arrested on October 10, 2018, and also charged with bribery concerning programs receiving federal funds, and honest services wire fraud.

“The people of Western New York, like all our citizens, deserve to have representatives who act in the public’s interest, not for their own personal financial gain,” noted U.S. Attorney Kennedy. “Where, as alleged here, legislative acts are undertaken not on their merits but in exchange for the payment of bribes and in hopes of personal financial gain, then all involved in the corruption of our legislative process ought to expect to face criminal charges.”

“Today's complaint, like other recent cases, highlights a common theme: bribery crimes are fueled by greed,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “A bribe is a bribe - plain and simple. Public corruption is the FBI's top criminal priority for good reason. When a person or group can buy legislation by bribing a public official, it is the community and constituents who suffer and the public official who benefits.”

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released. Gaddy is due back in court on December 18, 2018, for a status conference. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jabriel Crews, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine, was sentenced to 96 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between January 2014 and June 1, 2016, the defendant purchased multi-kilo quantities of cocaine from a source in Houston, Texas. Co-defendant Mark Ramos, an associate of the Houston source-of-supply, would mail the cocaine to addresses in Buffalo provided by Crews. The defendant would then receive those parcels and process and repackage the cocaine for distribution. In exchange, Crews would make payment to his source in Texas using some combination of a courier and U.S. mail parcels mailed to P.O. boxes set up in the Houston, Texas area.

On June 1, 2016, a search warrant was executed at 236 Katherine Street. Law enforcement officers recovered a scale with powder residue, packaging materials including bags and a vacuum sealer, identification cards, and one live bullet.

Mark Ramos was previously convicted and sentenced on federal charges. Charles Gonzalez was charged and convicted in state court.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury convicted Michael Elder, 38, of Tonawanda, NY, who was convicted following a jury trial of possession with intent to distribute 28 grams or more of crack cocaine, possession with intent to distribute fentanyl, butyryl fentanyl, and furanyl fentanyl, and maintaining a drug-involved premises, was sentenced to serve 210 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Brendan T. Cullinane and Seth T. Molisani, who handled the prosecution of the case, stated that on November 3, 2016, the United States Probation Department and the Drug Enforcement Administration searched the defendant’s residence at 143 Edgewood Avenue in Tonawanda. Officers recovered crack cocaine, fentanyl, drug presses, and other drug paraphernalia. At that time, Elder was on federal supervised release for a previous bank robbery conviction.

Today’s sentencing is the result of an investigation by the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, 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 Steven Brzezinski, 34, of Tonawanda, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a minimum sentence of five years in prison, a maximum of 20 years and a $250,000 fine.
 
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the defendant, who was on probation for an unrelated offense, was in possession of a tablet containing child pornography. A forensic examination of the tablet revealed that Brzezinski received child pornography from a 15 year old over Facebook Messenger.  The defendant has a previous conviction for endangering the welfare of a child.

Today’s plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Gary A. Loeffert, and the Cheektowaga Police Department, under the direction of Chief David Zack.

Sentencing is scheduled for February 8, 2019, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Bonnie Hughes, 34, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, and a maximum of 30 years.
 
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that prior to March 19, 2018, the defendant’s friend, John Kohlmeier, was having sexually explicit conversations with a 10-year female known to the defendant. On March 19, 2018, Hughes, at Kohlmeier’s request, took two sexually explicit photographs of the minor and sent them to Kohlmeier’s cell phone. Kohlmeier then went to the defendant’s residence where Hughes permitted the 10-year minor to engage in sexual conduct with Kohlmeier. The sexual contact between the minor and Kohlmeier occurred on several occasions beginning in February 2018. 

Charges remain pending against Kohlmeier. The defendant and Kohlmeier are also facing related charges in state court. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

The defendant is scheduled to be sentenced on January 31, 2019, before Judge Siragusa. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has returned a verdict convicting Juan Sampel, 48, and Jose Gonzalez, 40, both of Rochester, NY, of conspiracy to possess with intent to distribute five kilograms or more of cocaine.  Because of their prior drug felony convictions, Juan Sampel faces a mandatory life sentence, and Jose Gonzalez faces a mandatory minimum sentence of 20 years, and a maximum penalty of life in prison.

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

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

The trial verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Rochester Police Department, under the direction of Chief Mark Simmons.

Sentencings are scheduled for January 29, 2019, before U.S. District Judge Charles J. Siragusa, who presided over the trial of the case.
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Dillon T. Boyington, 35, of Gates, NY, was arrested and charged by criminal complaint with the attempted online enticement of a minor, and attempted production of child pornography. The charges carry 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 according to the complaint, the defendant utilized a social media application in an attempt to meet a 14 year old child for sex. Boyington was intercepted by members of the New York State Police on October 24, 2018. At the time of his arrest, the defendant was found in possession of condoms and candy, which he intended to give to the child. 

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson, and is being held pending a detention hearing on November 1, 2018. 

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

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

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Seymour Miles, 24, of Rochester, NY, was arrested and charged by criminal complaint with possession with the intent to distribute, and distribution of, cocaine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $1,000,000 fine. 
 
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, in April 2018, the DEA began an investigation into a cocaine distribution organization operating in Rochester and Buffalo, NY. During the course of the investigation, the defendant was identified as a member of this organization, which was responsible for the distribution of cocaine and crack cocaine to a network of customers. Between September 24, 2018, and October 18, 2018, the DEA conducted three controlled purchases of cocaine from Miles.  

On October 25, 2018, the DEA arranged for a controlled purchase from the defendant in Rochester. Once he arrived at the specified location, Miles was arrested and law enforcement officers seized approximately 190 grams of suspected crack cocaine and approximately 60 grams of cocaine. A search warrant was subsequently executed at the defendant’s Paige Street residence during which officers recovered a loaded 9mm handgun and .22 caliber rifle, narcotic packaging materials, scales, crack cocaine packaged for distribution, and packaging materials containing suspected heroin residue. 

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Rochester Police Department, under the direction of Chief Mark Simmons.

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 David Dratch, 23, of Montgomery, NY, was arrested and charged by criminal complaint with possession of a controlled substance, importation of a controlled substance, and smuggling goods into the United States. The charges carry a maximum penalty of five years in prison and a $250,000 fne.
 
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on October 25, 2018, the defendant was encountered entering the United States from Canada at the Peace Bridge Port of Entry, and was referred for a secondary inspection. During his initial inspection, Dratch stated he did not have any drugs, weapons, or prohibited items. 

During the secondary inspection of the defendant’s vehicle, a canine search resulted in an alert to a trained odor on the glove compartment area. A search resulted in the discovery of six envelopes containing marijuana, two jars of marijuana resin, four additional packages containing THC-infused gummy worms, and a piece of paper with “118 George St.” and “289-396-8078” written on it. The address and number linked to the internet address “https://weedmaps.com/dispensaries/47483/about.” The website displayed MMJ Canada – Hamilton as well as various marijuana products for sale. The defendant was arrested at that time.

During a search of recent text messages in Dratch's phone, a message to an individual identified as "Max" on the same day stated: “lol bro I just had 100mg edible and I got stopped by customs and now they're asking me so much (expletive).”

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released.

The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

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

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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 Ian Thatcher, 30, of Elmira, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, U-47700 and 100 grams or more of furanyl fentanyl, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling 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 female identified as B.S., and a male identified as C.H. – 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.

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. 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.

“This defendant and his co-conspirators may have thought they could elude law enforcement detection by purchasing supplies through the so-called ‘dark web,’ but as this investigation showed, that is clearly not the case,” said U.S. Attorney Kennedy. “Whether these criminals choose to pedal their deadly poison in urban, suburban, or rural areas, we will track you down and we will prosecute you to the fullest extent of the law. The opioid epidemic has taken far too many lives, but thanks to the efforts of many, including law enforcement, health officials, and treatment and prevention organizations, we are starting to stem this deadly tide.”  

The plea 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 James J. Hunt, New York Field Division; the New York State Police, Community Narcotics Enforcement Team Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, 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.

Sentencing is scheduled for February 7, 2019, at 3:00 p.m. before Chief Judge Geraci.

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Felix M. Velazquez, 42, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute 28 or more grams of cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $1,000,000 fine.
 
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, in June 2018, the Lackawanna Police Department Narcotics Unit began investigating the narcotics trafficking activities of the defendant, a mid-level street cocaine distributor who has a large customer base in the Buffalo area. Velazquez allegedly conducted his distribution activities through his cellular phone, and at his apartment on Weyand Avenue in Buffalo.

On August 14, 2018, Lackawanna and Buffalo police officers executed a search warrant at the residence and seized $ 42,955 in cash, approximately six ounces of suspected cocaine, and one firearm, a loaded .380 pistol. Officers also seized two digital scales commonly used to weigh cocaine, and plastic baggies commonly used to package cocaine.

In September 2011, Velazquez was convicted in federal court of possession with intent to distribute cocaine, and sentenced to 12 months in prison. As a result, the defendant is legally prohibited from possessing a firearm.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released.

The complaint is the result of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Vincent Gibson, 37, of Buffalo, NY, was arrested and charged by criminal complaint with bank robbery, entering a bank with intent to commit a larceny, and interstate communication of a threat to injure a person. The charges carry a maximum penalty of 20 years in prison, and a $250,000 fine.
 
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that on September 11, 2017, at approximately 1:36 p.m., a middle-aged black male wearing blue jeans, a tan Nautica baseball cap, a cream and gray sweater, and a plaid shirt underneath, entered the M&T Bank located at 1300 Jefferson Avenue in Buffalo. The male approached the teller and passed a note which read, "All $100 $50[,] No die (sic) Packs[,] Quiet Don't Make a Sense (sic)[.]" The teller gave the male United States currency and he departed the bank.

On October 27, 2017, an individual was interviewed by the Cheektowaga Police Department, and stated he/she has known Gibson for several years. Prior to observing any surveillance images related to the bank robbery, the individual stated the defendant was wearing blue jeans, a tan Nautica baseball cap, a cream and gray sweater and a plaid shirt underneath the sweater on September 11, 2017. The individual overheard Gibson tell a friend he had just robbed a bank on Jefferson Avenue. A detective then showed the individual a surveillance photograph from the M&T Bank robbery and he/she positively identified the bank robber in the surveillance photograph as the defendant.

On January 26, 2018, a second individual, who has a familial relationship with Gibson, was interviewed by the Buffalo Police Department. He/she was shown a surveillance photograph taken during the robbery and positively identified the bank robber as the defendant.

On October 17, 2018, a special agent with the Federal Bureau of Investigation interviewed a third individual who has maintained a close relationship with Gibson. The third individual stated that he/she was aware that the defendant has robbed banks in the past. He/she also stated that Gibson admitted that he had committed many bank robberies. The third individual was shown a surveillance photograph from the M&T bank robbery and positively identified the defendant.

The complaint further states that on October 14, 2018, Victim 1 was threatened by Gibson via text message. The victim and the defendant have a child in common and the victim recently ended their relationship. These threats included statements such as: ‘I'm (sic) kill you and I mean it,” “I'm about to get your kids,” and “I be at your house you die.”

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held.

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

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

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Myles Scales, 27, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
 
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on November 14, 2017, at approximately 6:04 p.m., two Buffalo Police Officers observed a blue 2013 Dodge Avenger parked in the vicinity of 1310 Broadway for a few minutes and then observed it leave. Approximately 20 minutes later, the officers observed the same vehicle parked again near 1310 Broadway, where it remained for a few minutes before departing again.
 
The officers followed the vehicle to the intersection of Broadway and Miller Avenue, at which time the defendant jumped out of the front passenger door of the vehicle and shuffled through traffic to the sidewalk. The officers got out of their vehicle and approached Scales who placed his right hand into the pocket of his hoodie. Concerned that the defendant was reaching for a weapon, one the officers took the defendant’s hand and pulled it from the pocket. Scales was clutching a large plastic bundle. The bundle was actually a plastic bag containing nine bundles which contained 81 white and blue-checkered glassine envelopes of suspected controlled substances. Scales was arrested at the scene. Subsequent testing determined that the substance was butyryl fentanyl.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

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

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Jack Wood, a/k/a Snake, 48, of Athens, TN, formerly of Delavan, NY, who was convicted of RICO conspiracy, was sentenced to serve 37 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that between 2009 and 2016, the defendant was a member of the Delevan/Arcade Chapter of the Kingsmen Motorcycle Club (KMC). Wood admitted that during the RICO conspiracy, KMC members and associates used and/or distributed marijuana, cocaine, methamphetamine, and other controlled substances in and around the Delevan/Arcade Chapter Clubhouse. The defendant also admitted that he possessed firearms, and that KMC members maintained access to and sold firearms.

On August 3, 2013, KMC members used the defendant’s van to conduct a drive-by shooting in Springville, New York.  During the incident, KMC members fired shots at former KMC members who were at odds with the current KMC members.  Following the drive-by shooting, the KMC members returned the van to the defendant and instructed him not to use the van.  The defendant learned that KMC members used the van in a drive-by shooting and, based on their instructions, did not use the van.  In 2015, law enforcement approached the defendant about his knowledge of the van’s use in a drive-by; the defendant repeatedly made evasive and misleading statements in an effort to hinder and prevent the investigation. Later that year, the defendant again made evasive and misleading statements before a federal Grand Jury regarding this investigation. 

Wood is one of 20 KMC members and associates charged in this case. To date, 19 have been convicted, including National President David Pirk, who was convicted following a four-month jury trial. Wood is the second defendant to be sentenced. Charges remain pending against Brian Witkowski. The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Bills, 39, of Cleveland, OH, who was convicted of soliciting an image containing obscene material from a minor, was sentenced to 60 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on April 24, 2018, the defendant began communicating on a social networking application using his iPhone with a Department of Homeland Security undercover agent (UCA). Bills believed the UCA was a 13-year-old female from Rochester, NY.

Between April 24 and April 25, 2018, the defendant engaged in sexual conversations with the UCA via text messages. During these conversations, Bills requested the UCA, who he believed was a 13-year-old female, to send him sexually explicit photos of herself.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Umar Adeyola, 48, of Amherst, NY, who was convicted of conspiracy to commit health care fraud, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $135,739 to the U.S. Department of Labor, and $228,638 to health insurance companies.
 
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant founded, organized, and managed the HEART Foundation, a not-for-profit organization intended to assist area youths, and Heart Community Alliance (“HCA”), a related for-profit organization, intended to provide clinical services, such as counseling and psychotherapy, to youths. Through his role with those organizations, Adeyola engaged in two major fraud schemes.
 
The first scheme involved attempts by the defendant, on behalf of HCA, to defraud private insurance companies Blue Cross Blue Shield, Independent Health, and Univera. Adeyola arranged for the submission of false and fraudulent bills for office visits using the names and/or provider numbers of healthcare providers who had not actually rendered the services claimed. The bills falsely represented that the services had been rendered by properly licensed and credentialed social workers when, in fact, the services had actually been provided by other individuals, including interns. The scheme included the submission to the same insurance companies of bills for services which purported to have been rendered by a social worker who was actually hospitalized and/or deceased on the dates of service claimed. 
 
In addition, Adeyola falsified documents in response to an audit of HCA by Independent Health. During the course of the audit, the defendant made materially false statements to representatives of Independent Health, with respect to the deceased social worker who he claimed had rendered services at HCA. 
 
The second scheme involved Adeyola’s theft of government funds in the form a federally funded grant received by the Heart Foundation. Specifically, in April 2013, the Heart Foundation was selected to be a recipient of a Department of Labor grant, administered by the Latino Coalition, an entity in California.  Adeyola submitted in excess of 30 false and fraudulent reimbursement requests for grant funds, resulting in payment of approximately $135,000 to the Heart Foundation.
 
“While the stated mission of the HEART Foundation and Heart Community Alliance—to assist young people in need in our community—was laudable, the motive of their founder, this defendant, was criminal,” said U.S. Attorney Kennedy. “Our office will not stand by when any individual attempts to defraud the health insurance industry or steal from the government. Such behavior drives up costs for all taxpayers and keeps funding from other organizations in need.”       
 
“Umar Adeyola defrauded the U.S. Department of Labor’s (DOL) Employment and Training Administration by submitting dozens of fraudulent reimbursement requests for Workforce and Investment Act grant funds intended for those who were entitled to such benefits. We will continue to work with our law enforcement partners to aggressively pursue those who defraud DOL programs,” stated Michael Mikulka, Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.
        
“Adeyola schemed to fatten the bottom line by defrauding taxpayer-funded government programs. Instead he will be imprisoned and forced to pay restitution,” said Scott J. Lampert, Special Agent-in-Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Those considering such schemes should be prepared for harsh consequences.”    

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 Mikulka, Special Agent-in-Charge of the New York Region; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent-in-Charge Scott Lampert.

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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 indicted Henry Stovall, Jr., on charges of methamphetamine conspiracy, possession with intent to distribute, and distribution of, methamphetamine, and using 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.

Stovall was arraigned before U.S. Magistrate Judge Michael J. Roemer and is being detained. 

The defendant was named in a 42-count indictment along with 14 other defendants including:

• Zackiel Fields, Jr.; • Ernest Cauley, Jr., a/k/a L.A., a/k/a Ernie; • Jamell Trapp, a/k/a K.S.; • Ramael Fields; • Stephanie L. Harrison; • Marcus Martin Bowman; • Danny W. Michael, Ill; • Alexis V. Hall; • Destiny J. Hare; • Andrew C. Bennett; • Searcy E. Fields; • Jacob A. Motherwell; • Michael A. Davis; and
• Stacie N. Yancer

Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that according to the indictment and a previously filed complaint, all 15 defendants are accused of operating a drug trafficking organization, primarily involving methamphetamine, in the Jamestown area, since March 2017.

During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.

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

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 Anthony Weber, 36, of Grand Island, NY, pleaded guilty to attempted receipt of child pornography, before U.S. District Judge Elizabeth A. Wolford. 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 Jonathan P. Cantil, who is handling the case, stated that on April 9, 2017, the defendant engaged in a online conversation with Victim 1, a 15 year old female. On April 12, 2017, Weber invited Victim 1 to a bonfire, stating they would drink alcohol and smoke marijuana. Victim 1 responded, “Im 15.”

On August 10, 2017, the defendant again engaged in an online conversation with Victim 1, offering to provide cocaine to Victim 1 in exchange for sexual intercourse. Victim 1 agreed to consider having sex with Weber in exchange for cocaine. The defendant then requested that Victim 1 send him sexually explicit pictures.

Victim 1 subsequently reported this incident to the City of Tonawanda Police Department. After the incident was reported, the Federal Bureau of Investigation assumed Victim 1’s online identity and continued to engage in online conversations with the defendant. On October 11, 2017, Weber agreed to meet the person he believed was a minor female to engage in sexual activity. The defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor.

The plea is the result of an investigation by the City of Tonawanda Police Deparment, under the direction of Chief William Strassburg, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. And the Cheektowaga Police Department, under the direction of Chief David Zack.

Sentencing is scheduled for February 14, 2019, at 11:00 a.m. before Judge Wolford

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Aurand, 20, of Gowanda, NY, who was convicted of distribution of child pornography, was sentenced to 180 months in prison by U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum sentence of five years in prison, a maximum sentence of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven year old child that he produced while babysitting the child at his residence. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Sasiadek, 64, of Buffalo, NY, who was convicted of production of child pornography, was sentenced to 20 years in prison and 20 years supervised release by U.S. District Judge Elizabeth Wolford. 

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between July 2004 and October 2004, the defendant produced child pornography of a child who was approximately six years old.

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 Cheektowaga Police Department, under the direction of Chief David Zack.

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

ROCHESTER, N.Y. U.S. Attorney James P. Kennedy, Jr. announced that Michael Pecka, 33 of Fairport, NY, pleaded guilty before U.S. District Court Judge Charles J. Siragusa to making a false official statement. The charge carries a maximum penalty of five years in prison, a fine of up to $250,000, or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Pecka filed a claim for VA Disability Benefits in 2011 claiming that he had Post Traumatic Stress Disorder (PTSD) from witnessing the suicide of two fellow soldiers while deployed to Kuwait in 2004-2005 with the Army Reserve. In support of his claim for PTSD, the defendant described in detail the two suicides that he claimed to have witnessed to include his distance from the soldiers, the manner in which they each committed suicide, his observation of the bodies, and his role in the investigations. As a result of this claim, Pecka received a high disability rating and was awarded tax free disability benefits of $3,167 per month. The defendant filed the initial claim while he was an inmate in federal prison for an unrelated bank fraud conviction.

Pecka repeated his false claims about observing the suicides on Official VA Forms, signed under penalty of perjury, in 2011 and 2014. However, an investigation by Special Agents of the VA Office of Inspector General determined that the defendant lied about being present for either suicide, lied about observing either suicide, lied about being involved in the investigation of either suicide, and in the case of one of the soldiers, was not even in the same country at the time he committed suicide. Pecka repeatedly stated under oath that he watched this soldier commit suicide, when in fact, the defendant was stationed over 6,000 miles away in Kuwait when the soldier committed suicide near Ft. Drum, NY. 

On May 24, 2018, Pecka provided statements to an undercover VA Office of Inspector General Special Agent whom the defendant believed to be a VA Field Examiner conducting a routine file update for his compensation claim. During that meeting, Pecka falsely told the agent that he personally witnessed the suicide of one of the soldier, now claiming that it happened while they were “on a mission” together. Pecka described the incident stating that soldier shot himself with his pistol without warning, and that he reported the incident to his First Sergeant. None of that was true. Regarding the second suicide, the defendant falsely claimed that he saw the muzzle fire from the discharge of that soldier’s rifle, discovered that victim in his vehicle, and then reported the suicide to Military Police. This too was a lie.
After making these statements to the undercover VA-OIG Special Agent, Pecka completed a new VA Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder Form, in his own hand. In that statement, the defendant again falsely claimed that he saw both soldiers shoot themselves.

As a result of his false statements to the VA, Pecka received over $92,000 in tax free VA Disability benefits to which he was not legally entitled.

According to the National Center for PTSD, Post-Traumatic Stress Disorder is a mental health condition that some people develop after experiencing or witnessing a life-threatening event, like combat. The condition may last months or years, with triggers that can bring back memories of the trauma accompanied by intense emotional and physical reactions. Symptoms may include nightmares or unwanted memories of the trauma, avoidance of situations that bring back memories of the trauma, heightened reactions, anxiety, or depressed mood. For further information on PTSD, treatment options, and how to obtain help from the Department of Veterans Affairs, please go to https://www.ptsd.va.gov/

The plea is the result of an investigation by the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office, under the direction of Special Agent-in-Charge Sean J. Smith.

Pecka also has a pending violation of his supervised release conditions from the prior federal bank fraud conviction.

The defendant was ordered detained pending sentencing on both cases, which is scheduled for January 24, 2019, at 10:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that George H. Moses, 50, of Rochester, NY, was charged by criminal complaint with making false statements to Special Agents of the FBI. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant is the Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA), which provides housing opportunities and services for the Rochester community and a board member of the Rochester Housing Charities (RHC). The RHA 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, defendant Moses, as Chairperson of the Board of RHA, caused that Board: (a) to appoint him as one of the three new board members of the RHC, and (b) to approve a loan by the RHA to the RHC in the amount of $300,000.

On July 7, 2015, the RHC entered into an $87,500 one year contract with Capital Connection Partners LLC (CCP) 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, Adam 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.

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.

In the course of an investigation into these contracts between RHC and CCP and between CCP and Caesar Development LLC, Special Agents of the FBI had occasion to interview defendant Moses regarding his knowledge of those contracts and payment of funds pursuant to them.

As alleged in the criminal complaint, during the course of those interviews Moses made the following materially false statements to the FBI:

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

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

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

• When discussing a meeting held between CCP and the boards of the RHA and RHC on December 11, 2015, defendant Moses stated that he was surprised that McFadden was also at the meeting, when in truth and in fact, defendant Moses knew McFadden would be in attendance at such meeting.
 
The defendant made an initial appearance before U.S Magistrate Judge Payson and was released.

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

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Laquan J. Simmons, 26, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, and possessing of cocaine with the intent to distribute, was sentenced to 57 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that on June 8, 2017, on Wright Terrace in Rochester, Simmons possessed approximately 12 baggies of crack cocaine, with the intent to distribute it to others. The defendant also possessed a loaded 9mm semiautomatic handgun in his pocket. Simmons was previously convicted in 2015 of Criminal Sale of a Controlled Substance in the 5th Degree, a felony, and is legally prohibited from possessing a firearm.

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Michael Pacheco, aka Michael Dominguez, 27, of Dunkirk, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more cocaine, was sentenced to serve 18 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between July 2016 and May 2, 2017, the defendant conspired with co-defendant Fred Santiago to distribute kilogram quantities of cocaine in and around the Western District of New York. Pacheco obtained cocaine from Santiago for sale and distribution to others. 

During the time of the conspiracy, the defendant made at least two undercover drug sales to law enforcement officers on April 19, 2017, and April 26, 2017. On May 2, 2017, Pacheco was arrested and found with cocaine on his person, which was intended for sale. 
 
The sentencing is the culmination of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Evans Police Department, under the direction of Chief Douglas Czora; the Dunkirk Police Department, under the direction of Chief David Ortolano; and the Chautauqua County Drug Task Force, under the direction of Sheriff Joseph Gerace.

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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 Marguin Sanchez, 23, of California, who was convicted of conspiracy to employ unlawful aliens, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, the defendant forfeited two properties that were used to house the illegal aliens.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant, along with co-defendant Jose Sanchez-Ocampo, assisted co-defendant Sergio Ramses Mucino, in hiring illegal aliens to work at four Mexican restaurants including Don Tequila on Allen Street in Buffalo, El Agave on Union Road in Cheektowaga, Agave on Elmwood Avenue in Buffalo, and La Divina on Delaware Avenue in Kenmore. The defendant was responsible for paying wages to the workers in cash and purchasing homes in his name where the illegal aliens who worked in the restaurants resided.

Jose Sanchez-Ocampo and Sergio Ramses Mucino were previously convicted and are awaiting sentencing.  

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the New York State Department of Taxation and Finance.

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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 Larry Smith, Jr., 40, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, 28 grams or more of crack cocaine, was sentenced to serve 63 months in prison by Chief U.S District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between June 9 and July 27, 2017, the defendant sold crack cocaine to an individual working with the Drug Enforcement Administration on four occasions. In addition, on October 5, 2017, DEA agents recovered approximately 195 grams of cocaine in Smith’s residence at 56 Burgard Place in Buffalo.

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

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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 Rashawn Brown, 31, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine and fentanyl, was sentenced to serve 51 months in prison by U.S. District Judge Richard J. Arcara.  

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on four occasions between March 31, 2017, and April 24, 2017, the defendant sold crack cocaine to an undercover officer working with the Lackawanna Police Department. On one occasion, Brown also sold both fentanyl and crack cocaine to the undercover officer.

The defendant was previously convicted in September 2012 in Erie County Court of Criminal Possession of a Controlled Substance in the Fifth Degree, a felony.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Lackawanna Police Department, under the direction of Chief James Michel.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a Rashawn Crule, 42, of Buffalo, NY, pleaded guilty to possession with intent to distribute 100 grams or more of heroin before U.S. Magistrate Judge H. Kenneth Schroeder. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $8,000,000 fine.

Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that between June 2013 and September 2015, the defendant possessed with intent to distribute and distributed various illegal narcotics including heroin, fentanyl, crack cocaine and cocaine. Crule also maintained a premises at 98 Gillette Avenue in Buffalo for the purpose of manufacturing, distributing and using these illegal narcotics. The defendant also allegedly possessed a 9mm handgun. 

Crule made two sales of heroin to an individual working with the DEA. On November 2, 2015, investigators executed a search warrant and seized $74,878 in U.S. currency and a 14 karat white gold necklace form the defendant’s residence at 22 Homer Avenue in Buffalo, which represented drug trafficking proceeds. A second search warrant was executed at 98 Gillette Street in Buffalo where investigators seized heroin, fentanyl, crack cocaine, and cocaine. A firearm and 11 rounds of ammunition were also seized.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. 

Sentencing will be scheduled at a later date.

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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 Gilbert Guzman, 42, of Brooklyn, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, was sentenced to three years probation by U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, cocaine.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between May 2017 and October 18, 2017, the defendant conspired with co-defendants Stevie Alejandro, Aaron Hill, Cleophus Dentmond, and Catherine Ramos, and others, to distribute cocaine in the Lovejoy District. 

On August 16, 2017, Guzman sold cocaine to an undercover police officer. Stevie Alejandro, who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School, provided the defendant with the cocaine for this transaction.

All five defendants have been convicted in this case.  

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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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 Jay Neal, 40, of Buffalo, NY, who was convicted of eight counts including conspiracy to possess with intent to distribute 100 grams or more heroin, possession with intent to distribute, and distribution of, heroin, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking activity, being a felon in possession of a firearm, and possession of a defaced firearm, was sentenced to serve 210 months  in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on October 20, 2015, Neal sold a quantity of heroin to an individual working with the Drug Enforcement Administration. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. Neal drove to a residence at 87 Mariner Street in Buffalo. About an hour later, Neal and co-defendant Quashawn Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in cash. A search warrant executed inside 87 Mariner recovered two guns, ammunition, 10 grams of heroin inside a dresser drawer, and multiple scales.

In 1997, Neal was convicted in state court of Attempted Murder and Robbery in the 1st Degree. As a result of those convictions, Neal was legally prohibited from possessing a firearm. 

Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard. 

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Osvaldo Rivera-Amaro, 45, of Tonawanda, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to attempted possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that cocaine was shipped to the defendant from Puerto Rico through the U.S. Postal Service. On December 15, 2017, U.S. Postal inspectors seized a package containing just over two kilograms of cocaine that was addressed to Iramarie Velez on Crane Place in Tonawanda, NY. The cocaine was replaced with sham cocaine, and then the package was delivered on December 28, 2017. After Velez accepted the package, she left the residence but returned a few minutes later with Rivera-Amaro. Velez went back into 62 Crane Place, came back out with the package, and placed it in the back of the defendant’s vehicle. The defendant was subsequently detained, his vehicle was searched, and the package, containing the sham cocaine, was located in the trunk.

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

The plea is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

Sentencing is scheduled for January 15, 2019, at 12:00 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 Michael Mitchell, 37, of Niagara Falls, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder to conspiracy to possess with intent to distribute 100 grams or more of heroin. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that between June 2013 and September 2015, the defendant conspired with others sell heroin, fentanyl, and cocaine. Mitchell received heroin, cocaine, and crack cocaine base from co-defendant Troy Gillon for distribution to other dealers in the Lockport and Niagara Falls area.

The defendant was intercepted, pursuant to court-authorized wiretaps, on his cellular telephone. Mitchell’s intercepted calls related to drug transactions, in which he arranged for sales of controlled substances and included discussions in which he discussed price, quantity, and location of sales. In addition, the defendant made several narcotic sales to an individual working with the Drug Enforcement Administration. Mitchell utilized a residence at 1154 LaSalle in Lockport to store the drugs he received from Troy Gillon for distribution.

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

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.

Sentencing will be scheduled at a later date.

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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 Ian Tarbell, 46, of Hogansburg, NY, who was convicted of possession of contraband cigarettes, was sentenced to 15 months in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant was arrested on February 18, 2016, in Pembroke, NY, following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was driving a truck that was pulling a trailer loaded with untaxed and unstamped cigarettes. In total, the defendant was transporting more than 900,000 unstamped and untaxed cigarettes. The New York State and Federal taxes imposed on such cigarettes would have totaled more than $300,000.  

Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.; and the New York State Department of Taxation and Finance, under the direction of Commissioner Thomas Mattox.

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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 42-count indictment charging 14 defendants with methamphetamine conspiracy. Named in the indictment are:

• Zackiel Fields, Jr.; • Ernest Cauley, Jr., a/k/a L.A., a/k/a Ernie; • Jamell Trapp, a/k/a K.S.; • Ramael Fields; • Stephanie L. Harrison; • Marcus Martin Bowman; • Danny W. Michael, Ill; • Alexis V. Hall; • Destiny J. Hare; • Andrew C. Bennett; • Searcy E. Fields; • Jacob A. Motherwell; • Michael A. Davis; and
• Stacie N. Yancer

The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. Some defendants are also facing other charges including: possession with intent to distribute, and distribution of, methamphetamine; using and maintaining a drug-involved premises; possession of firearms in furtherance of drug trafficking; and being a felon in possession of a firearm and ammunition. 

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the indictment and a previously filed complaint, the defendants are accused of operating a drug trafficking organization, primarily involving methamphetamine, in the Jamestown area, since March 2017.

During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.

The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendants Danny W. Michael III, Destiny J. Hare, Andrew C. Bennett, Searcy E. Fields, Michael A. Davis, Stacie N. Yancer, Ramael O. Fields, Jamell Trapp, and Zackiel Fields, Jr. are being detained. Defendants Marcus Martin Bowman, Ernest Cauley, Jr., Jacob A. Motherwell, Alexis V. Hall, and Stephanie Harrison were released on conditions.

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

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 Patrick Washington, Jr., 34, of Buffalo, NY, pleaded guilty before Judge U.S. Magistrate Judge H. Kenneth Schroeder to possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that beginning in March 2018, the Town of Tonawanda Police Department began investigating the narcotics distribution activities of the defendant. Investigators conducted three controlled purchases of suspected heroin from defendant between March and April of 2018. Laboratory testing confirmed the presence of butyryl fentanyl, buprenorphine, and butyryl fentanyl.

Subsequently, on May 2, 2018, the Drug Enforcement Administration executed a federal search warrant at Washington’s residence at 76 Bellah Place in Tonawanda, and recovered a quantity of a suspected controlled substance. Testing determined that the controlled substance was butyryl fentanyl. 

The plea is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt. 

Sentencing will be scheduled at a later date.

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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 Julio Contreras, a/k/a Blue Demon, 34, of McAllen, Texas, who was convicted of racketeering conspiracy involving five kilograms or more of cocaine, and conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 121 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant was a main source of supply of cocaine for the Schuele Boys Gang in Buffalo. The gang operated in the Schuele Avenue area of the East Side of Buffalo and was responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana. Contreras was arrested in July 2015 at the Anzalduas Port of Entry in Mission, Texas as he attempted to return to the United States from Mexico.

Contreras supplied the Schuele Boys with upwards of $1,000,000 of cocaine on a monthly basis. In addition, the defendant purchased and built assault rifles in Texas that he then sold or traded to Mexican sources in connection with his cocaine trafficking. Contreras traveled to Buffalo on multiple occasions to meet with co-defendants Aaron Hicks and Letorrance Travis. On December 18, 2010, Hicks and the defendant were arrested by police outside a residence belonging to Travis on Courtland Avenue. 
 
Contreras was one of 28 Schuele Boys Gang members, associates and other individuals arrested and convicted in this case.

The sentencing is the culmination of an investigation by Federal Bureau of Investigation 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 James J. Hunt, Special Agent-in-Charge, New York Field Division; the New York State Police, under the direction of Major Edward Kennedy; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard. 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a Kenneth Pettway, Jr., 34, of Buffalo, NY, who was convicted by a federal jury of conspiracy to possess with intent to distribute, and to distribute, 280 grams or more of crack cocaine, and possession with intent to distribute heroin and cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm, was sentenced to serve 40 years in prison by U.S. District Judge Thomas J. McAvoy.

Assistant U.S. Attorneys Michael P. Felicetta and Seth T. Molisani, who handled the prosecution of the case, stated that the defendant was a leader of the Bailey Boys Gang, a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. The gang is believed to be responsible for multiple acts of violence, including assaults, shootings, murders, and armed robberies. 

As a leader of the Bailey Boys Gang, the defendant supplied illegal narcotics, including crack cocaine, heroin and marijuana, to members and associates of the gang for further distribution in the City of Buffalo. Pettway also provided multiple firearms to members and associates to be used for protection of gang territory, drugs and drug proceeds. 

The evidence presented by the government during trial included a rap video entitled “Picked up in a Raid,” which the defendant created and posted to his You Tube account. The video, which purports to be based on a true story, contains images and lyrics related to the defendant’s drug distribution, the silencing of snitches, and the execution of a search warrant by law enforcement officers.
On January 18, 2012, a search warrant was executed at the residence of Demetrius Black residence on Roosevelt Avenue. Officers seized two firearms, heroin, cocaine, marijuana, scales, baggies, and other drug paraphernalia.

“Those who sell drugs and participate in violence on the streets of Buffalo should be on notice that my Office, with our federal, state, and local partners, are doubling down,” said U.S. Attorney Kennedy. “Last Friday, this defendant’s younger brother, Collins, was convicted of drug charges following a trial in a separate case in federal court. Kenneth has now learned that the next 40 years of his life will be spent in federal prison. Young men such as the Pettways, who insist on breaking the law, need to recognize that by engaging in this sort of criminal behavior, you are not only destroying your community, you are destroying your own families, and your own lives.”

Pettway is one of 15 Bailey Boys Gang leaders, members, and associates charged in this case. To date, 14 have been convicted.

Kenneth Pettway’s sentencing is the result of an ongoing investigation into the activities of the Bailey Boys Gang and other criminal gangs that is being conducted by the United States Attorney’s office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney John J. Flynn; and in conjunction with the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood; the Federal Bureau of Investigation Safe Streets Task Force, under the Direction of Special Agent-in-Charge Gary Loeffert; the Erie County Sheriff’s Office, under the direction of  Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, 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 a federal grand jury has returned a superseding indictment charging six defendants with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. Named in the indictment are Eduardo Enrique Valdez, Edgar Pavia, Adrian Goudelock, a/k/a AD, a/k/a Ace, a/k/a Ace Boogs, Eric Young, Lance Parker, and Jai Hunter. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, an investigation began following the seizure of approximately 10 kilograms of cocaine and $259,960 in U.S. currency. On October 3, 2017, defendants Valdez, Pavia, and Goudelock met in Cleveland, OH, prior to the shipment of a bulk quantity of cocaine from El Paso, Texas, to Buffalo, NY. On October 19, 2017, Homeland Security Investigations Special Agents conducted a controlled delivery of 10 sham bricks of cocaine in Pembroke, NY, which resulted in the federal arrest of defendant Valdez.

In July 2018, investigators intercepted wire and electronic communications between defendants Pavia and Goudelock through court-authorized wiretaps. Intercepted calls and messages revealed that a bulk shipment of cocaine was to be imminently delivered to Goudelock in the Buffalo area. Goudelock was also expected to provide bulk drug proceeds. In a conversation on July 25, 2018, Pavia informed Goudelock that he would be receiving 17 kilograms of cocaine.

That same day, law enforcement officers seized approximately 17 kilograms of cocaine from defendant Lance Parker during the execution of a search warrant. Law enforcement officers also searched a tractor trailer, driven by defendant Young, located on Slade Avenue in West Seneca, NY and recovered 52 shrink-wrapped and taped bundles of currency, predominantly in $10,000 bundles. In total, $519,580 in U.S. currency was seized from a bag. Officers also located a hidden compartment in the rear wall of the sleeper area of the tractor cab and recovered three plastic wrapped packages of bulk US currency totaling over $145,000. 

In September 2018, investigators intercepted another series of wire and electronic communications between defendants Pavia and Goudelock discussing the shipment of another 20 kilograms of cocaine, which led to their arrests.

Today’s superseding indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard.

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 Sergio Ramses Mucino, 44, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to tax evasion and conspiracy to unlawfully employ more than ten aliens during any 12-month period. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Michael DiGiacomo, who is handling 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.

Today’s plea also requires Mucino to forfeit 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, another $35,000 in cash was forfeited by managers of Mucino’s restaurants and the two houses, which housed some of the illegal workers.

“As with the Internal Revenue Code, compliance with the immigration law is not an optional endeavor,” noted U.S. Attorney Kennedy. “My Office will continue vigorously to enforce the law where, as here, individuals seek to evade their legal obligations in order to elevate their financial aspirations.”

“Criminal charges and fines are among the useful tools to ensure employers maintain a legal workforce,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “This guilty plea represents HSI's firm commitment to holding employers accountable, and the serious consequences that await those who ignore the law.”

Jose Sanchez-Ocampo and Marguin Sanchez were previously convicted.

Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in- Charge Kevin Kelly, the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the New York State Department of Taxation and Finance.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has found Collins Pettway, 32, of Buffalo, NY, guilty of conspiracy to distribute 500 grams or more of cocaine, and 28 grams or more of crack cocaine, possession and distribution of cocaine and crack cocaine, and maintaining a drug involved premises. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.

Assistant U.S. Attorneys Charles J Volkert, Jr. and Maura K. O’Donnell, who handled the prosecution of the case at trial, stated that between February 2015 and March 7, 2015, the defendant conspired with others to distribute cocaine and crack cocaine in the City of Buffalo. Pettway used a residence on Eggert Road in Buffalo to store the cocaine and crack cocaine. During the course of the investigation, law enforcement officers conducted five controlled purchases from the defendant. The jury acquitted defendant’s brother, Michael Pettway, who had also been charged.

Today’s verdict is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

Sentencing will be scheduled at a later date.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Todd Sinclair, 50, of Cape Creek, AZ, who was convicted of being an unlawful user of a controlled substance in possession of a firearm, was sentenced to serve 12 months and a day in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between November 1, 2015, and January 8, 2016, the defendant was unlawfully using heroin. During that time, Sinclair, an employee of the Federal Bureau of Investigation, possessed a Glock handgun. The defendant was subsequently terminated by the FBI.

Today’s sentencing is the result of an investigation by the Department of Justice Office of the Inspector General, under the direction of Special Agent-in-Charge Guido Modano, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Titus Thompson, Jr., 33, of Buffalo, NY, Deonte “Terry” Cooper, 23, Ricky Turner, 48, Argentis Albino Herrera, 24, Diones Bowens, 22, Shane Shumaker, 31, Victoria Orlando, 36, Vicky Hoffstetter, 37, Koree Runyan, 24, and Jenna Ann Redding, 31, all of Ashtabula, Ohio, with conspiracy to commit firearms offenses. The charge carries a maximum penalty of five years in prison.  In addition, defendant Thompson was charged with unlawfully dealing in firearms, being a felon in possession of firearms and ammunition, using and maintaining a drug-involved premises, and possession of firearms in furtherance of drug trafficking, which carry a mandatory minimum penalty of five years in prison and a maximum of 20 years.

Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, on May 18, 2018, the Bureau of Alcohol, Tobacco and Firearms and Explosives and the Buffalo Police Department executed a search warrant at 89 Parkridge Avenue in Buffalo in the upper and lower apartments which are utilized by Titus Thompson. During the search, agents recovered a .40 caliber pistol and a 9mm pistol in the upper apartment as well as several firearms in the lower apartment. Thompson has two previous felony convictions. As a result, the defendant is legally prohibited from possessing firearms.

Titus’s arrest was the result of an ongoing investigation into the trafficking of firearms from the State of Ohio to Buffalo. Between November 2017 and May 2018, the defendants were involved in the purchase in Ohio and transport to Buffalo of 100 firearms.  10 of those firearms have been recovered in Buffalo, and another firearm was recovered in Youngstown, Ohio. 

In connection with the purchase of these firearms, defendants Cooper, Turner, Herrera, Bowens, Shumaker, Orlando, Hofstetter, Runyan, and Redding falsely represented on an ATF Form 4473 that they were the actual purchaser of the firearm, when, in fact, the defendants purchased the firearms for Ricky Turner and Robert L. Williams, Jr., who has also been indicted in connection with this case. 

Defendant Thompson is also accused of selling the illegally purchased firearms.

The superseding indictment is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, 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 Matthew A. Urquhart, 32, of Seneca Falls, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 20 years, lifetime supervised release, and a $250,000 fine.

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

The defendant made an initial appearance before U.S. Magistrate Marian W. Payson and was released on conditions.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Seneca Falls Police Department, under the direction of Stuart W. Peenstra, and the Seneca County Sheriff’s Office, under the direction of Sheriff W. Timothy Luce. 

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 Christopher Williams, 49, of Rochester, NY, who was convicted of possession with intent to distribute cocaine, and being a felon in possession of a firearm and ammunition, was sentenced to serve 65 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that on March 2, 2017, in the area of Sullivan Street in Rochester, the defendant possessed over 300 “dime” bags of cocaine with the intent to distribute them to others. Williams also possessed a .357 Magnum caliber revolver. The defendant was previously convicted of three felony charges and is legally prohibited from possessing firearms and ammunition.

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, 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 Donald McKinney, 53, of Dansville, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of actual methamphetamine, was sentenced to serve 120 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that between January 2017 and April 25, 2017, the defendant conspired with others to ship high purity crystal methamphetamine from suppliers in California into Dansville, NY, where it was then distributed. McKinney regularly communicated with co-conspirators, Thomas Williams and Julie Cota, in California, and arranged for them to ship quantities of crystal methamphetamine to him in Dansville, via parcel service. The defendant paid Williams and Cota $1,000 per ounce and then sold the crystal methamphetamine to another co-conspirator, Kurt Redance, for $1,400 an ounce. In turn, Redance distributed the crystal methamphetamine to others, including sales at The Boneyard, an auto salvage business in Dansville.  

McKinney is one of seven defendants charged in this methamphetamine conspiracy. All seven have been convicted.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Eric Laughton.  

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Lopez, 27, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, 100 grams or more of heroin, was sentenced to 63 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2016 and December 5, 2017, the defendant sold heroin and fentanyl in the Buffalo area. In October 2017, the ICE-HSI Border Enforcement Security Team (BEST) conducted two controlled purchases from Lopez. During the buys, the defendant turned over 52 small yellow bags, which later tested positive for heroin, fentanyl, and tramadol. 

At other times in October and November 2017, HSI agents observed Lopez engage in hand-to-hand transactions with suspected heroin customers. On at least one occasion, one of the customers was stopped by law enforcement and found to be in possession of suspected heroin. During a subsequent interview, the customer admitted to buying heroin from the defendant and the customer’s phone contained the defendant’s cell phone number.
 
Lopez was arrested on December 5, 2017. HSI agents then executed a federal search warrant at the defendant’s residence on Riverside Avenue in Buffalo. At the time of Lopez’s arrest, agents found $2,556 in cash in the pocket of the defendant’s sweatshirt, and his cellular telephone.

A subsequent search of the defendant’s cellular telephone established that during the latter part of 2017, Lopez sold approximately 6,022 bags of heroin.

Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Border Enforcement Security Team, under the direction of Special Agent-in-Charge Kevin Kelly.

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