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 Morgan R. Coles, 20, of Batavia, NY, was charged by criminal complaint with stealing from a federal firearm licensee, and possession of a defaced firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on September 26, 2018, the defendant forcibly entered The Firing Pin, a Federal Firearms Licensee located at 8240 Buffalo Road in Bergen, NY. Coles made entry through a gable vent located on the roof of the building.

On September 27, 2018, an ATF Special Agent reviewed video surveillance, provided by the owner, of the break in. The video shows the defendant entering the retail portion of The Firing Pin from the range area, and is seen removing 14 firearms from the shelf and appears to place them into a bag. The video also shows Coles using a light, possibly from a cell phone, to navigate around the retail area. The surveillance video shows the defendant exiting the store through the range area.

On October 3, 2018, the Genesee County Sheriff’s Office obtained a search warrant for the residence of Coles on Jackson Street in Batavia, as well as another residence and a vehicle associated with the defendant. During the execution of search warrants, officers located 15 handguns at Coles's residence. Fourteen of the handguns had obliterated serial numbers. According to the complaint, the handguns found at the defendant's residence appear to match the descriptions of the handguns stolen from The Firing Pin.
Coles was arrested and charged in City Court of Batavia in Genesee County with Criminal Possession of a Weapon in the First Degree, a Class B felony.

The defendant will make an initial appearance on October 17, 2018, before U.S. Magistrate Judge Jeremiah J. McCarthy.

The complaint is the result of an investigation by the Genesee County Sheriff's Office, under the direction of Sheriff William A. Sheron, Jr., and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that New York State Assemblyman Joseph A. Errigo, 79, of Conesus, NY, was 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, after receiving information regarding an unusually close relationship between a member of the New York State Assembly (Member A), a member other than Errigo, and a lobbyist, the FBI began investigating that relationship, to include a specific bribery scheme.  The purpose of the proposed bribe was to induce Member A to introduce certain legislation. 

The legislation at issue involved reducing the extent of local control over a pending development project in the Rochester area, and giving the state the ability to review the development project with the New York State Department of Transportation. The scheme initially included the person offering to pay the bribe (bribe payor), a registered New York State lobbyist (lobbyist), and Member A.

On September 4, 2017, the bribe payor and lobbyist met to discuss paying Member A money in exchange for legislation aimed at altering the proposed development project.  During the conversation, the lobbyist suggested utilizing Errigo to introduce the legislation, so that the bill could not be traced to Member A. Member A, however, would assist in getting the legislation through a specific committee, according to the lobbyist.
On September 8, 2017, the bribe payor and lobbyist met once again. The bribe payor stated that he would have cash in the next week or so to give to the lobbyist and Member A. The lobbyist confirmed that he would accept the money and that the bill would be introduced within a month. 

On September 26, 2017, the bribe payor met the lobbyist at a public location and handed the lobbyist two envelopes, each containing $1,500. The lobbyist stated he would use the money to “grease the skids with Errigo.”

From October to December 2017, the bribe payor and lobbyist exchanged numerous text messages about arranging a meeting to pay Errigo to introduce the proposed legislation

The lobbyist scheduled a meeting between the bribe payor and Errigo on February 9, 2018, at the Assemblyman’s office in Pittsford, NY. At some point during the meeting, Errigo and the bribe payor exited the office together and walked to Errigo’s car, where the bribe payor placed an envelope on the front passenger seat. Subsequently, the lobbyist also arrived at Errigo’s office. The FBI has determined that the envelope contained $1,500 in cash. Also on February 9, 2018, the bribe payor emailed the lobbyist specific language for the proposed legislation that Errigo was going to introduce. On March 16, 2018, the bribe payor met with Errigo and provided him another payment of $2,000.

On March 27, 2018, Errigo introduced a bill consisting of the proposed legislation. Also on March 27, 2018, the bribe payor met with the lobbyist and paid him for his help in getting the legislation introduced. The FBI determined that the payment consisted of $2,000 in cash.

On April 13, 2018, the bribe payor met with Errigo and paid him $2,000 in cash for obtaining a bill number for the proposed legislation. 

The bribe payor paid a total of at least $10,500 to Errigo and the lobbyist to assign a bill number to a proposed bill, and thereby introduce legislation and begin the process of obtaining passage of a State law. Errigo accepted a total of $5,500.

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

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

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

BUFFALO, N.Y. – A former Erie County, New York Democratic party chair pleaded guilty today to conspiring to illegally cause a $25,000 campaign donation from a foreign source to a New York state official running for reelection.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York made the announcement.

G. Steven Pigeon, 58, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to an information charging him with conspiracy to cause a foreign donation in a state election in violation of federal law. Sentencing was set for January 25, 2019, at 1:00 p.m.   

As part of his plea, Pigeon admitted that while working as a political consultant and lobbyist in Buffalo, he represented a foreign client, Company A. At the time, the CEO of Company A was Person A, a Canadian citizen. In early 2014, despite knowing that it was illegal to make a foreign donation to a state political campaign, Pigeon solicited Person A to make a $25,000 donation to the reelection campaign of a New York state elected official, Public Official A. The campaign rejected the donation from Person A because Person A was not a citizen or permanent legal resident of the United States. Pigeon and Person A then agreed to cause the donation from Person A to be made through Person B, a permanent legal resident of the United States and an employee of Company A. On or about February 24, 2014, as directed by Person A, Person B made a $25,000 donation to Public Official A’s campaign. Pigeon and Person A knew that Person A would pay for, or reimburse, the donation. As a result of the $25,000 donation, Pigeon and Person A were granted entry to a fundraising event for Public Official A in New York City on February 26, 2014. 

“Steven Pigeon undermined the transparency and integrity of the electoral process by funneling foreign money into a campaign,” said Assistant Attorney General Benczkowski. “The Criminal Division and our law enforcement partners are committed to protecting our electoral process and we will aggressively pursue those who seek to circumvent our campaign finance laws.”

“Transparency in political activity, including the disclosure of the sources of political contributions, is a necessary check on the power of money and a necessary ingredient for a healthy democracy,” said U.S. Attorney Kennedy.  “Schemes such as this, which introduce obfuscation and secrecy into the political process, threaten our very democracy by endeavoring to use anonymity as a means of eliminating accountability.”

The plea is the result of an investigation by the FBI Buffalo Field Office, under the direction of Special Agent in Charge Gary Loeffert; the New York State Attorney General’s Office, under the direction of Barbara Underwood; and the New York State Police, under the direction of  Major Edward Kennedy. The case is being prosecuted by Deputy Chief John Keller of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Paul E. Bonanno of the Western District of New York.

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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 Shawn Sylvia, 35, of Buffalo, NY, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 62 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $283,851.53 in restitution to victims. 

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that the defendant organized a scheme fraudulently to collect on non-existent debts and over-collect on debts that had been paid-in-full. Sylvia, or other individuals he managed, contacted eight victims via telephone purporting to be from organizations which included: American Mutual Holdings (AMH); Check Systems, LLC; Interstate Recovery Solutions; Apex Resolution Group; Interstate Check Registry; Miller and Flemming and Associates (MFA); Pasquale and Associates LLC; Checking Solutions; or Aries Resolution Group.

The defendant and others used strong-arm tactics including threats of arrest, jail, and lawsuits to convince victims to make payments toward what they were told were outstanding debts. Victims were directed to transfer money via MoneyGram and Western Union and to wire funds into bank accounts controlled by the defendant or his associates. Merchant accounts were established with two merchant processing companies in order to process credit card payments made by victims. In creating those merchant accounts, Sylvia and others made false representations to the payment processing companies claiming that the business entities they operated were engaging in legal services, investment services, and software sales. The payment processing companies suffered losses as a result of chargebacks of payments as a result of unauthorized and fraudulent charges. 

Between May 2013 and August 2017, Sylvia and his associates fraudulently obtained a total of $342,303.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Peter Breitnauer, of Kenmore, NY, was arrested and charged by criminal complaint with possession of hydrocodone. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

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

“It’s a sad day,” stated U.S. Attorney Kennedy. “Chief Breitenauer has enjoyed a long and distinguished career as a respected member of Western New York’s law enforcement community. Today’s events certainly do not erase all the good that the Chief has done during his tenure. Rather, they highlight the devastating and destructive power of opioids and underscore the fact that anyone can become ensnared in their allure. There is absolutely no evidence suggesting that the Chief ever distributed any of the drugs he is alleged to have diverted.”

The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder 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 fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James H. Bess, Jr., 63, of Apple Valley, CA, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute of five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.

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

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

The plea is the result of an investigation by 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 Eric Taylor, 35, of Buffalo, NY, who was convicted of conspiring to retaliate against a witness, and retaliating against a witness, was sentenced to serve 48 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on October 11, 2014, the defendant approached the victim at a convenience store in Lackawanna and told the victim that Reuben Fears, a co-defendant in the Project Boys drug case, wanted to see the victim at the Gates Housing Project in Lackawanna. As the victim followed Taylor to the location, Taylor gave a verbal signal to co-defendant Sharon Thompson by singing a rap song. Sharon Thompson then jumped out from behind a dumpster and assaulted the victim by punching the victim in the back of the head knocking the victim down to the concrete. Taylor then joined in the assault and struck the victim on the other side of the head. The victim lost consciousness, had swelling and contusions on the head and neck area, and required stitches.
 
Taylor and Thompson attacked the victim following the arrest of Laron Thompson, another co-defendant in the Project Boys drug case, on a drug charge the day before on October 10, 2014. The Project Boys blamed the victim for that arrest. Eric
Taylor and Sharon Thompson planned a retaliation and Taylor took the victim’s cell phone while the victim was unconscious to check for evidence of cooperation with law enforcement officers.
 
Reuben Fears, Laron Thompson, Sharon Thompson, and 17 others were indicted in December 2014 for engaging in narcotics trafficking in the Gates Housing Project, a housing facility owned and operated by the Lackawanna Municipal Housing Authority. Laron Thompson and Sharon Thompson were previously convicted. Laron Thompson is awaiting sentencing, Sharon Thompson was previously sentenced to serve 24 months in prison. Charges are pending against Reuben Fears. 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.
 
Taylor’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the 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. -- One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Throughout the past year, the United States Attorneys Office and our federal partners have teamed up with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.

“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs.  I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face.  Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.” 

“Here in Western New York, our PSN initiative has focused on the most violent areas within our largest population centers—the Cities of Buffalo, Rochester, and Niagara Falls,” stated U.S. Attorney Kennedy. “In each instance, we have sought to tailor the programs to the needs of the communities. While the PSN Programs in Rochester and Niagara Falls have existed for some time—in the form of Project Exile in Rochester, which this year celebrates its 20th Anniversary and is the longest running program of its kind in the country, and in the form of a dispute resolution project in Niagara Falls—the PSN program in Buffalo is new this year.”

Working collaboratively with our partners at the federal, state and local levels, we have identified the “C” and “E” Police Districts in the City of Buffalo as neighborhoods with higher incidents of violent crime. As a result, those Police Districts have been established as Project Safe Neighborhood areas of focus. Working closely with Erie County District Attorney John Flynn and Buffalo Police Commissioner Byron Lockwood, we have developed a process to identify potential federal cases involving firearms, including illegal possession and shootings. In addition, our Assistant United States Attorneys have conducted training of BPD Officers in those Districts regarding the enforcement and prosecution of federal gun crimes.

In the near future, we hope, working with the Buffalo Police Department, and all our partners, to start up a joint federal, state, and local non-fatal shooting task force to focus on violent gun crime in those target areas. Our goal is to identify defendants in non-fatal shooting crimes and remove them from the streets in order to prevent shooting fatalities in the future. By providing such assistance it is anticipated that the solve rates in all shootings, both fatal and non-fatal with be increased.  

As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:

Enforcement Actions

• On September 7, 2018, Thamud Eldridge, 44, a/k/a Damu, of Buffalo, NY, who was convicted following a seven-week jury trial of multiple RICO, drug, and gun charges, was sentenced to serve 50 years in prison. The defendant was a member of a gang that specialized in targeting and then robbing drug dealers in and around the City of Buffalo, intending to steal their illegal drugs, money, and jewelry. Read more at: https://www.justice.gov/usao-wdny/pr/buffalo-man-sentenced-50-years-federal-prison-following-rico-conviction.

• On August 30, 2018, 12 members/associates of the CBL/BFL gang were indicted and charged with crimes which included: murder and assault in aid of racketeering, racketeering and narcotics conspiracy, and gun possession. Read more at:  https://www.justice.gov/usao-wdny/pr/12-membersassociates-cblbfl-gang-indicted-charged-murder-and-assault-aid-racketeering.

• On December 20, 2017, Roderick Arrington, a/k/a Ra-Ra, 37, of Buffalo, NY, who was convicted following a jury trial of racketeering conspiracy, murder-in-aid-of-racketeering, and related charges, was sentenced consecutive sentences of life in prison. The defendant, a Schuele Boys Gang member, was also sentenced to 30 years in prison on two other firearm charges. Read more at: https://www.justice.gov/usao-wdny/pr/schuele-shooter-sentenced-life-prison.

• On August 29, 2017, Christian O. Dalmau, 31, of Bronx, NY, who was convicted of possession of a firearm by an unlawful user of a controlled substance, was sentenced to 120 months in prison. Subsequently, on May 16, 2018, Dalmau was indicted by the Eastern District of New York on multiple charges including use of firearms in connection with a drug trafficking crime, murder while engaged in narcotics trafficking offense, and causing death through use of a firearm. Read more at: https://www.justice.gov/usao-wdny/pr/bronx-man-sentenced-gun-charge.

Community Partnerships

• On September 19, 2018, U.S. Attorney Kennedy, DA Flynn, BPD Commissioner Lockwood and local elected officials met with the Concerned Clergy Coalition of Western New York to discuss recent violence in the city and what local clergy members can do to assist. Clergy members pledged to deliver to their congregations the message of how important it is, if they are truly interested in breaking the cycle of violence in their community, to stand up, come-forward, cooperate with law enforcement, and report criminal conduct. Moreover, the clergy agreed to raise funding for witness protection. Attendees also agreed to meet on a regular basis to continue the dialogue.

• On August 8, 2018, at the request of City of Buffalo officials, U.S. Attorney Kennedy gathered agency heads from a variety of federal law enforcement agencies, including the FBI, DEA, ATF, and HSI, to meet with Buffalo Police Commissioner Lockwood and Buffalo Mayor Byron Brown to discuss how federal law enforcement can help to reduce the violence that occurred in the City of Buffalo over the summer. The leaders strategized efforts to address the violence and encourage more cooperation from the public in solving the most violent of crimes. 

• On March 15, 2018, U.S. Attorney Kennedy led the annual notification session in partnership with the Buffalo Police Department. Such sessions, in an effort to reduce recidivism, bring together members of federal and local law enforcement agencies, parole and probation, and clergy and community leaders, to share a message of encouragement and hope with a group defendants recently placed on probation or parole.

• U.S. Attorney Kennedy regularly participates in the Justice Report, a 30-minute program on Buffalo Public Access Television that highlights the workings of the U.S. Attorney’s Office. The goal is to create awareness and educate the public about the work done by the USAO and the ways in which community members can assist in those efforts.   
Improvements to Community Safety

Both nationally and locally, these efforts are producing results.

Nationally, the FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.

The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.

Locally, the most recent statistics from the Erie Crime Analysis Center show that across the City of Buffalo violent crimes such as rape, robbery, and assault, were down 10.3% last year compared to the average of the previous five years. Moreover, within the designated PSN area (C and E Districts), firearm crimes were down 18.6% last year compared to the average of the previous five years, while illegal gun arrests in that same area were up 12.6% last year compared to previous year.

“If you think about gun violence, every gun crime really has 2 basic components: (1) an available gun; and (2) someone with the will to use it to shoot someone else,” added U.S. Attorney Kennedy. “With the latest estimates putting the number of guns in the United States at anywhere from 270 million to 310 million—a gun for nearly every man, woman, and child in our country—the simple truth is that regardless of how you may feel about gun control and the 2nd Amendment, guns are, and will remain, ubiquitous in American society. With a ready supply of available guns, then the only realistic way to reduce gun violence is to reduce the number of people who are doing violence with guns. That is, if we want to get rid of gun violence, we’ve got to get rid of the people who are willing to do violence with guns. One way to get rid of them is to arrest them and incarcerate them. That is our traditional role as prosecutors and law enforcers; we hold people accountable for their actions. The other way to get rid of people who are willing to do violence with guns is to change them. While accountability may be one way to change people, by sending the message of deterrence that certain consequences (incarceration) will flow from the commission of a certain action (using a gun for violence), it is not the only way.  The community, and everyone in it, must also do our part to try to change the hearts and minds of those who might be inclined to use guns for criminal purposes—to show them a better way. In our District, we have designed our PSN initiative to employ both of these methods to ‘get rid of’ those who are willing to do violence with guns.”

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Chansen R. Diaz, 30, Cordell L. James, 28, and Michael R. Harris, 31, all of Rochester, NY, were arrested and charged by criminal complaint with conspiracy and theft of mail. The charges carry a maximum penalty of five years in federal prison.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, defendants Diaz and James were employed by a terminal handling services contractor to the United States Postal Service, located at the Rochester Airport.  The contractor was responsible for receiving and loading U.S. Mail onto airplanes for further delivery. While on the job, Diaz and James stole mail entrusted to the care of their employer, including numerous gift cards and credit cards. The complaint states that Diaz was observed rifling and opening mail, while James acted as his “look out.” The scheme began in approximately August 2018.

 James resided with defendant Harris in Rochester. Records obtained from online retailers showed that Harris ordered multiple items from online accounts in his name, and that those items were delivered to Harris and James at their residence. In addition, video surveillance obtained from local retailers showed Diaz and Harris shopping together and making purchases using stolen gift and credit cards.

The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and were released pending further proceedings.

If you believe you have been a victim of mail theft, please contact the U.S. Postal Service. Office of Inspector General (USPS OIG), at www.uspsoig.gov or 888-USPS-OIG.

The criminal complaint is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph Cronin, Boston Division, and the New York State Police, under the direction of Major Eric Laughton.

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 Damion Christopher Alexander Brown, 43, a Jamaican national residing in Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, and bribery of a public official, was sentenced to 60 months in prison by Senior U.S. District Judge William M. Skretny.  

Special Assistant U.S. Attorney Jeremy Murray and Assistant U.S. Attorneys Paul Bonanno and Wei Xiang, who handled the case, stated that over a nine-month period between 2012 and 2013, Brown trafficked 100 kilograms or more of marijuana and bribed a United States Postal Service (USPS) carrier to deliver U.S. priority mail parcels filled with marijuana. The defendant paid the postal carrier to provide addresses of unsuspecting citizens, who lived along the carrier’s route in Buffalo, to which parcels filled with marijuana could be mailed. When the boxes arrived in Buffalo, the postal carrier did not deliver them to the listed recipient address, but instead, held on to the boxes and handed them directly to Brown in exchange for cash payments.

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 Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin, Boston Division; the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Kenneth G. Cleevely; and the Amherst Police Department, under the direction of Chief John Askey.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Duane Loyd, 47, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to bank robbery and brandishing a firearm. The charges carry a mandatory minimum penalty of seven years, in prison, a maximum penalty of life, and a $250,000 fine.

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that Loyd robbed the Key Bank located at 4248 Delaware Avenue in the Town of Tonawanda on December 7, 2015. In a rental car, the defendant drove his son Brandon, who was 19-years-old at the time, to the bank and provided him with a respirator mask and a firearm to commit the crime. Brandon Loyd pointed the firearm at the tellers and several bank customers before fleeing with money in his father’s waiting vehicle. Officers from the City of Tonawanda and the Town of Tonawanda Police Departments pursued the fleeing vehicle and tackled the defendant and his son after they crashed the rental car. Officers recovered the loaded firearm, a 9mm pistol, and the money stolen from the bank.

Following their arrest, Town of Tonawanda police officers and FBI and agents uncovered 16 additional robberies at local stores that the father and son committed prior to the bank robbery. In each of the robberies, the defendant drove the getaway car while his son entered the store and robbed the clerks of cash. Surveillance images assisted law enforcement with solving the previous robberies.

A total of approximately $4,500 was stolen during the course of the 16 robberies which occurred between November 22, 2015, and December 7, 2015, prior to the Key Bank robbery. In eight of those robberies, Brandon Loyd displayed a firearm to intimidate the clerk into handing over the cash. Duane Loyd also admitted his role in the 16 robberies. 

Brandon Loyd was previously convicted and is scheduled to be sentenced on November 8, 2018, at 12:30 p.m. before Judge Arcara.

Duane Loyd’s plea is the result of an investigation by Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Town of Tonawanda Police Department, under the direction of Jerome C. Uschold, III; the City of Tonawanda Police Department, under the direction of Chief William Strassburg; the Town of Amherst Police Department, under the direction of Chief John Askey; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Village of Kenmore Police Department, under the direction of Chief Peter Breitnauer; the Town of West Seneca Police Department, under the direction of Chief Daniel Denz; the City of Lackawanna Police Department, under the direction of Chief James Michel; the Town of Cheektowaga Police Department, under the direction of Chief David Zack; and the Erie County Crime Analysis Center.

Duane Loyd is scheduled to be sentenced on January 25, 2019, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mark Bieniek, 45, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to cyberstalking. The charge carries a minimum penalty of one year in prison, a maximum of five years, and a $250,000 fine.

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

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

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

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

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

Sentencing is scheduled for January 28, 2019, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, NY – U.S. Attorney James P. Kennedy, Jr. joined the Department of Justice in announcing more than $70,000,000 in grant funding to bolster school security, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident, including $500,000 for Erie 2-Chautauqua-Cattaraugus BOCES, $215,383 for Niagara County, and $150,000 for Wayne County in the Western District of New York.

These grants are in addition to the funding to the National Association of School Resource Officers (NASRO), announced by Attorney General Sessions last week, to expand and update their curriculum to better support training programs. These grants combined will better protect students, teachers, faculty, and first responders across the United States. Additionally, the Department is awarding more than $64,000,000 to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks.

“President Trump and his administration will ensure the safety of every American school," Attorney General Jeff Sessions said. "Earlier this year he signed into law the STOP School Violence Act, which provides grant funding to develop anonymous school threat reporting systems, to implement school building security measures, and to train students, school personnel, and law enforcement on how to prevent school violence. Today I am announcing $70,000,000 in these grants to hundreds of cities and states across America. These grants will go a long way toward giving young people and their families both safety and peace of mind.”

“With this announcement providing our District more than $865,000, the Department of Justice is doing more than simply denouncing school violence—it is providing resources to allow us to take measures to prevent it,” noted U.S. Attorney Kennedy. “Those measures include improved reporting and response systems, increased mental health intervention programs, and additional training and resources to harden targets. Through our Safe Schools initiative, this Office has long been a leader in the community in not only raising awareness of the causes and common characteristics of school violence, but in exploring ways to prevent it. These funds will only enhance that enduring commitment and effort.” 

The Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) together are making more than 220 awards to jurisdictions across the country to help make schools more secure. The awards, granted through three funding streams, will provide new technology for reporting systems and other threat deterrent measures and create school safety training and education programs for school administrators, staff, students, and first responders. This includes the support for existing crisis intervention teams and the creation of new ones.

• BJA’s STOP School Violence Threat Assessment and Technology Reporting Program will provide 68 awards valued at more than $19,000,000. This funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website. Erie 2-Chautauqua-Cattaraugus BOCES will receive $250,000.
• The STOP School Violence Prevention and Mental Health Training Program, also managed by BJA, will provide training and education on preventing violence and effectively responding to related mental health crises. This program will fund 85 awards at nearly $28,000,000. Erie 2-Chautauqua-Cattaraugus BOCES will receive $250,000, and Wayne County will receive $150,000.
• The COPS Office School Violence Prevention Program (SVPP) will provide nearly $25,000,000 to 91 jurisdictions for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency. Niagara County will receive $215,383.

The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.

The Department also announced that it has awarded more than $64,000,000 to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems. These grants are administered by the Bureau of Justice Statistics, part of OJP. Approximately $43,000,000 in funding will be administered through the National Criminal History Improvement Program (NCHIP), and nearly $21,000,000 will be awarded under the National Instant Criminal Background Check System (NICS) Act Record Improvement Program.  These grant programs help states automate and upgrade records accessed by the firearms background check system.  This year, at the direction of the Attorney General, the Department prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health related reasons.

The Department is also investing over $1,000,000 in research to better understand the factors behind mass shooting incidents. The grant awards, made by the Department’s National Institute of Justice (NIJ), part of OJP, support scientific investigations that will examine factors that contribute to mass violence, identify any patterns in mass shootings, analyze psychological and social life histories of mass shooters and community-level predictors of mass violence, and will examine firearm purchasing patterns of known mass shooters in order to create a risk prediction tool. 

For more information on these grant announcements, visit www.bja.gov or www.cops.usdoj.gov.
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that William C. Read, 33, of Bath, NY, was arrested and charged by criminal complaint with online enticement of a minor, and distribution and possession 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, Read utilized a social media application in an attempt to meet a nine-year-old child for sex. The defendant was intercepted by members of the New York State Police and Department of Homeland Security on October 1, 2018, while on his way to meet the child. At the time of his arrest, Read was found to be in possession of condoms and candy, which he intended to give to the child. The complaint also alleges that the defendant distributed and possessed images of child pornography from a cell phone in his possession.   

The defendant made an initial appearance today before U.S. Magistrate Marian W. Payson, and is being held pending a detention hearing October 3, 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Kevin James Fox, 62, of Limestone, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to receipt of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of $250,000.

Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that in May 2016, the defendant persuaded an adult female, identified as T.M., to find a minor male and engage in sexual activity with him for the purpose of producing a visual depiction. T.M. met a 16-year-old male (Victim 1) through Craigslist and began communicating with Victim 1 via text messaging that was sexual in nature. On June 1, 2016, T.M. picked up Victim 1 and drove to her residence, where she engaged in sexual activity with Victim 1.  T.M. used her cellular telephone to take approximately five photographs. T.M. then drove Victim 1 home and texted the images to a telephone number controlled by Fox. 

The defendant also persuaded T.M. to engage in sexual activity with a 17-year-old minor male (Victim 2) who was known to T.M. Between May 26, 2016, and June 21, 2016, T.M. engaged in sexual activity with Victim 2, at Fox’s request. T.M. also took photographs once again and sent the images to the defendant.

The criminal complaint is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge along with the Cattaraugus County Sheriff’s Office, under the direction of Timothy Whitcomb.  

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Trebor Conolly, 36, of Geneva NY, who was convicted of receipt of child pornography, was sentenced to serve 151 months in prison and 20 years of supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney, Kyle P. Rossi, who handled the case, stated that between September 6, 2017, and September 26, 2017, the defendant received nine videos and four images of child pornography via a peer-to-peer file sharing program. Conolly saved the child pornography on a personal computer. The videos and images depicted minors under 12 years old engaged in sexually explicit conduct with adults. Some of the videos and images depicted the sexual abuse of infants and toddlers. Conolly then distributed the videos over the internet by connecting to the peer-to-peer file sharing program. 
 
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. 

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

ROCHESTER, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Mohammed Akram, 30, of Rochester, NY, who was convicted of misbranding food, was sentenced by U.S. District Judge Elizabeth A. Wolford to 60 months in prison.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between November 2014 and April 2015, the defendant managed Best in the West, a convenience store located at 670 Jay Street in Rochester. On April 14, 2015, search warrants were executed at that location and at the apartment above the store, where Akram lived. Officers recovered $67,847 in United States currency and approximately 1,900 packets of suspected synthetic cannabinoids.

The defendant traveled to New York City to purchase and transport bulk quantities of 3-5 ounce packages containing green vegetable matter to Rochester. The packages were labeled “G-20,” “Bizarro,” “Mardi Gras,” “G10 Potporri,” “Mr. Happy,” “WTF,” “VooDoo,” “Remarkable Herbs,” “MR SIN,” “Scooby Snax,” and “Mad Hatter.” The green vegetable matter was laced with chemicals that were not authorized by law for human consumption.  The defendant, who claimed the packages were potpourri, offered the various packages of green vegetable matter for retail sale in the convenience store knowing that customers intended to ingest the green vegetable matter.

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, New York, New York Field Division, 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

ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Bryan Matacale, 43, of Nunda, NY, who was convicted of production of child pornography and possessing an obscene sexual performance by a child, was sentenced to 25 years in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that in March 2017, Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) received information from the Belgian Federal Police that a Belgian citizen identified individuals in the United States as being involved the possession and distribution of child pornography. The Belgian citizen told police that an individual he knew as "Bob" paid him money in exchange for images and videos of child pornography on several occasions. Subsequent investigation determined that “Bob” was defendant Matacale.

On August 28, 2017, a federal search warrant was executed at Matacale’s residence during which various computers and electronic media were seized by law enforcement officers. During an examination of the defendant’s cellular telephone, officers observed text messages Matacale and A.W., an individual known to law enforcement who had two daughters, ages four and six. In multiple messages, the defendant requested naked pictures of A.W.’s daughter stating they would be used for a “research” report. A. W. sent Matacale approximately a dozen photos between September 2016 and February 2017.  

During a review of the defendant’s electronic equipment, law enforcement officers recovered online conversations between Matacale and a 16-year-old girl from Vermont. At the defendant’s request, the girl sent naked pictures of herself on three separate dates in August 2017.

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.

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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 Alexander Seegar, 29, of Darien Center, 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, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the complaint, Seegar posed as a 16 or 17 year old boy and sexted 10-12 year old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos. The complaint also states that Seegar was found in possession of numerous photos containing child pornography.

The defendant made an initial appearance today before U.S. Magistrate Michael J. Roemer and was held pending a detention hearing on October 5, 2018.

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, and the Lewiston Police Department, under the direction of Chief Frank Previte.

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 U.S. District Judge Elizabeth A. Wolford dismissed a negligence lawsuit seeking damages brought by plaintiff Lenray Harris against the Department of Veterans Affairs Medical Center (VA) in Buffalo. The plaintiff claimed that she suffered emotional injuries following the VA’s disclosure that several of its nurses improperly administered insulin pens during the time period that Harris received treatment at the VA following knee replacement surgery. The plaintiff was given insulin for her diabetes and claimed that she feared that she had contracted a blood borne disease.

In her decision, Judge Wolford stated, “[p]laintiff cannot support a claim for negligent infliction of emotional distress.”

In a similar ruling, U.S. Magistrate Judge Hugh B. Scott recommended dismissal of a negligence lawsuit filed by plaintiff Archie Maxwell who claimed that the VA reused insulin pens and exposed Maxwell to HIV or Hepatitis B or C. The plaintiff was treated for diabetes while an inpatient at the VA from December 29, 2011, to January 9, 2012, and from August 9, 2012, to August 14, 2012. Maxwell alleged that in February 2013, he tested positive for Hepatitis B.

In his decision, Magistrate Judge Scott stated, “There is no record of any patient, including plaintiff, being infected from use of the insulin pens, thus plaintiff fails to prove actual exposure to HIV or Hepatitis C.”

From 2012 to 2013, the Veterans Affairs Office of Inspector General (OIG), Office of Healthcare Inspections, investigated the use of insulin pens at the Buffalo VA. The OIG found no documented cases of transmitting blood borne pathogens related to the use of an insulin pen on multiple patients.

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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 Sentient Science Corporation, a Buffalo, NY, based research and technology corporation, has agreed to pay the United States $2,675,000 to resolve allegations that it violated the False Claims Act. 

Assistant U.S. Attorney Amy N. Okereke, who handled the case, stated that Sentient Science made false statements and representations to receive federal funding under three Small Business Innovation Research (SBIR) awards issued by the National Science Foundation (NSF) and the U.S. Department of Energy (DOE). SBIR grant awards are issued to small, for-profit businesses, such as Sentient, for the purpose of stimulating technological innovation, to meet federal research and development needs, and increasing private sector commercialization of innovations derived from federal research and development.

According to the settlement, Sentient made false statements concerning:

• Key personnel that Sentient claimed it would use in the performance of research projects funded by the United States. The corporation did not use such personnel and in some instances substituted significantly less qualified employees to perform work; • Sentient claimed to have received third-party contracts as a result of work performed for the government in order to obtain additional government funding; and
• Information in grant milestone reports which falsely represented that Sentient expended grant monies that in fact had had not expended.

“Federal funding, such as the Small Business Innovation Research award, is designed to give small business the chance to turn big dreams into a reality,” stated U.S. Attorney James P. Kennedy, Jr. “When such funding designed to stimulate technology and research is misused, not only do the American taxpayers pay the price, but so do those businesses whose dreams may never become a reality, depriving our country of what could be life-changing scientific research.”

“The SBIR program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” commented Alison Lerner, the Inspector General for NSF. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their strong support in this effort.”

“Compliance with Small Business Innovation Research (SBIR) requirements is expected by all who have the privilege of being funded by the U.S. Department of Energy for this essential program. The Office of Inspector General is committed to investigating allegations of wrongdoing associated with the SBIR grants so that the American taxpayer can maintain confidence in the SBIR program,” said Acting Inspector General April G. Stephenson.

The settlement is the result of an investigation by the National Science Foundation, Office of Inspector General, under the direction of Inspector General Allison Lerner, and the Department of Energy, Office of Inspector General, under the direction of Acting Inspector General April G. Stephenson.

The claims resolved by the settlement are allegations only, and there has been no determination of liability. 

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin D. Waczkowski, 34, of Elma, NY, who was convicted of possession of child pornography, was sentenced to 36 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that on April 15, 2016, the Federal Bureau of Investigation’s Violent Crimes Against Children Task Force executed a search warrant at the defendant’s residence and seized several electronic devices. Forensic examination determined that Waczkowski was in possession of thousands of images of child pornography, some of which depicted prepubescent children less than 12 years of age, and some of which depicted images of violence.

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 a federal grand jury has returned an indictment Julian Beavers, a/k/a Ock, a/k/a Marcel Ceasar, a/k/a BJ, 32, of Buffalo, NY, with possession with intent to distribute and distribution of fentanyl and acetyl fentanyl causing serious bodily injury, conspiracy to possess with intent to distribute heroin, furanyl fentanyl, acetyl fentanyl, and fentanyl, possession with intent to distribute, and distribution of, heroin, fentanyl, and furanyl fentanyl. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $1,000,000 fine.   

Assistant U.S. Attorneys Emmanuel O. Ulubiyo and Michael J. Adler, who are handling the case, stated that according to the indictment and a previously filed complaint, the Drug Enforcement Administration and the Cheektowaga Police Department had been conducting an investigation into the narcotics trafficking activities of the defendant, a heroin and fentanyl distributor with a large customer base in the Buffalo

On September 19, 2017, Beavers sold acetyl fentanyl and fentanyl, causing serious bodily injury to an individual identified as E.R.

On November 21 and November 28, 2017, investigators conducted two undercover purchases of heroin from Beavers. The defendant obtains heroin and fentanyl from an unidentified source of supply.

Beavers is scheduled to be arraigned on October 1, 2018 at 10:00 a.m. before U.S. Magistrate Judge Michael J. Roemer. 

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

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

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Culliton, 38, of West Seneca, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, methamphetamine, was sentenced to 36 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Katelyn Hartford, who handled the case, stated that Culliton, along with others, conspired to distribute methamphetamine at “The Bone Yard,” an auto salvage yard in Dansville, NY.  On two occasions, March 2, 2017, and March 10, 2017, the defendant sold pure crystal methamphetamine to another individual known to law enforcement. 

Culliton is one of seven defendants charged and convicted in this case.

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 a federal grand jury has returned an indictment charging Mushtak Al Mosaadi, a/k/a Mo, 47, and Omran Al-Khazraji, a/k/a Omarwas, 47, with conspiracy to damage and destroy a building used in interstate commerce by fire, and damaging and destroying a building used in interstate commerce by fire. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years. In addition, Al Mosaadi is also charged with mail fraud which carries a maximum penalty of 20 years.    

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, on May 25, 2016, defendant Al Mosaadi obtained a general liability insurance policy for the Babylon Gardens, a restaurant located at 1141 Kenmore Avenue in Kenmore, NY. On the day he obtained the policy, Al Mosaadi increased the policy limit from $50,000 to $100,000.

Between May 25, 2016, and June 3, 2016, the defendant devised a scheme to obtain money from the insurance company. On June 2, 2016, defendant Al Mosaadi, working with others, intentionally started a fire, and caused another to start a fire, inside the restaurant. On that same day, defendant Al Mosaadi gave a signed sworn statement to the Kenmore Police Department, in which he falsely claimed that he had no idea who started the fire and that he would assist the police in determining who committed the arson. On June 3, 2016, defendant Al Mosaadi signed an “Authorization to Perform Services and Direct Payment,” for “Sullivan’s Cleaning and Restoration” and for “CRDN of WNY” to pay for cleaning and repair to damages caused by the fire.
 

The defendants were arraigned on September 24, 2018, before U.S. District Judge Michael J. Roemer and were released.
 
The indictment 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 and the Kenmore Police Department, under the direction of Chief Peter Breitnauer.

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

# # # #

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gerino Barrera-Tapia, 37, was arrested and charged by criminal complaint with illegal reentry after deportation. The charge carries a maximum penalty of two years in prison. 

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, on September 12, 2018, a Cattaraugus County Sheriff's Deputy encountered the defendant during a vehicle safety check. United States Border Patrol was contacted to assist in identifying Barrera-Tapia. During questioning, the defendant stated that he was a citizen of Mexico and was illegally present in the United States. He was taken into custody. Subsequent investigation determined that Barrera-Tapia was a native and citizen of Mexico. A records check determined that the defendant was removed from the United States in February 2008. 
 
Barrera-Tapia made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained.

The complaint is the result of an investigation by the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb, and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.

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 Pablo Lugo III, 27, of Lockport, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute, and distribution, of fentanyl. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine. 

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

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

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

Sentencing is scheduled for December 20, 2018, at 3:00 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 Salleh Dubaishi, 43, of Tonawanda, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to a possession with intent to distribute AB-FUBINACA and XLR-11, synthetic cannabinoids. The charge carries a maximum penalty of 20 in prison and a fine of $1,000,000.
 
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in November of 2015, New York State Department of Taxation and Finance inspectors encountered the defendant at Pyramid Express HSD, a store located at 102 Hoyt Street in Buffalo, during a routine inspection of the store’s tobacco and cigarette inventory. The inspectors recovered 529 packages of suspected synthetic cannabinoids, which were labeled “Geeked Up;” “Strawberry Scooby Snax;” “Hypnotic;” “Insane;” “AK-47;” or “Kisha Cole.” The inspectors turned over the packages to Homeland Security Investigations for further analysis. HSI confirmed that the defendant possessed and offered, for retail sale AB-FUBINACA and XLR-11, both of which are Schedule I controlled substances.

The plea is the result of an investigation by the New York State Department of Taxation and Finance, under the direction of Executive Deputy Commissioner Nonie Manion, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for December 13, 2018, at 12:30 p.m. before Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Brian Mount, 60, of Pittsford, NY, who was convicted of filing a false tax return, was sentenced to serve five months in prison followed by five months of home confinement by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Mount was the executive director of Regional Area Recreation and Employee Services (RARES), a non-profit business located at 312 West Commercial Street in East Rochester. The non-profit provides discounted tickets and services to subscribing companies. The defendant received salary and commissions from RARES that he failed to report on his 2010 through 2013 federal tax returns. In total, Mount failed to report approximately $227,835.77 in additional income on his tax returns, which resulted in the defendant failing to pay $60,977 in taxes to the Internal Revenue Service.

Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Corter, 32, of Buffalo, NY, pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine, possession of firearms in furtherance of a drug trafficking crime, being a felon in possession of a firearm, and possession with intent to distribute cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that on Friday, March 3, 2017, members of the Erie County Sheriff’s Office and the Federal Bureau of Investigation’s Safe Streets Task Force executed a search warrant at the defendant’s residence at 39 Greenfield Street in Buffalo. Law enforcement officers recovered numerous vacuum-sealed packages of cocaine; methamphetamine; and butyryl fentanyl; along with a quantity of marijuana, a scale, a .40 caliber handgun loaded with nine rounds of ammunition, and a magazine loaded with 10 live rounds of ammunition.

On Thursday, June 8, 2017, members of the Erie County Sheriff’s Office executed a search warrant at the Chateau Motor Lodge at 1810 Grand Island Boulevard on Grand Island, NY, in a hotel room that was registered to the defendant. Officers recovered a .357 caliber handgun, one round of ammunition, a digital scale with white powder residue, cocaine, and suspected marijuana. The search warrant was conducted following a traffic stop of a car being driven by Corter. During the traffic stop, several hypodermic needles loaded with butyryl fentanyl were located, and the defendant stated he and two passengers in the car had just come from his hotel room at the Chateau Motor Lodge.

In January 2006, Corter was convicted of multiple drug offenses in Iredell County District Court, in Statesville, North Carolina, and is legally prohibited from possessing a gun.

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 Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.

Sentencing is scheduled for December 13, 2018, at 3:00 p.m. before Judge Geraci

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jose Alvarez, 26, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and 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 Brendan T. Cullinane, who is handling the case, stated that on July 27, 2017, Drug Enforcement Administration and Homeland Security Investigations Special Agents executed a search warrant on Alvarez’s vehicle. During the search, agents recovered 20 bags of butyryl fentanyl, a Schedule I controlled substance. The investigation determined that the defendant, along with his co-defendants, were staying at a hotel and casino located in Salamanca. Subsequently, a search warrant was executed in their hotel room, where agents recovered another 196 bags of butyryl fentanyl. Alvarez also admitted selling butyryl fentanyl on three prior occasions in Salamanca in May and July of 2017.

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

Sentencing is scheduled before Judge Vilardo for January 31, 2019, at 10:30 a.m.

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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 Jeriel Slay, 28, of Brooklyn, NY, and his sister, Angela Slay, 28, of Jamaica, NY, were charged by criminal complaint with engaging in a conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Jonathan P Cantil, who is handling the case, stated that between December 2016 and September 2018, the defendants engaged in a conspiracy to defraud multiple victims. As a part of their scheme, Jeriel and Angela Slay, who are siblings, stole the identities of unsuspecting victims and created fictitious Limited Liability Companies (LLCs), with company names indicating ownership by the victims. The defendants then opened bank accounts under the names of the LLCs and fraudulently transferred money from a victim’s actual bank account to the LLC bank account.  

In August 2018, search warrants were executed at two residences occupied by the defendants in Miami Beach and Miramar, Florida. During those searches, investigators recovered:

• dozens of fraudulently created credit cards in the names of multiple individuals, including blanks, partially completed cards, and fully completed cards; • dozens of fraudulently created driver's licenses including licenses with pictures of Jeriel Slay; • over $45,000 in cash; • financial statements including bank statements, utility bills, retirement account information, and other identifying information which corresponded with fraudulently created ID's and credit cards; • financial documents including statements for fraudulently created bank accounts and LLC documentation; • a card embosser, card printer, stamping machine, and supplies including blank cards, security chips, and ink; and
• a social security card for an individual not tied to the residence.

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were released.

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 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 Colin B. Montague, 63, of Greece, NY, who was convicted after a seven-week jury trial of operating a continuing criminal enterprise, drug conspiracy, money laundering conspiracy and money laundering, was sentenced to serve life in prison by U.S. Chief District Judge Frank P. Geraci, Jr. The judge also ordered a $10,000,000 money judgment against the defendant, which represented the gross proceeds Montague obtained from the criminal enterprise.

Assistant U.S. Attorneys Robert A. Marangola and Brett A. Harvey, who handled the prosecution of the case, stated that the defendant was the head of a national cocaine trafficking organization involving individuals in Rochester, NY; Arizona; California; and Nevada. Through the organization, Montague was responsible for arranging the transportation of several hundred kilograms of cocaine from the western United States to the Rochester area between 2008 and June 2014. The organization used various methods for transporting the cocaine, including tractor-trailers, drug couriers, and sending packages of cocaine through the U.S mail. After receiving the shipments, the defendant and other members of the organization would distribute the cocaine to other upper-level and mid-level drug traffickers in the Rochester area.  

The organization was uncovered by the Drug Enforcement Administration and Rochester Police Department after a wiretap investigation culminated in the seizure of a six-kilogram shipment of cocaine from a courier as the drugs were being transported from Pennsylvania to Rochester. After seizure of that drug shipment, Montague fled to Atlanta, Georgia, where he lived under a false identity for six months until he was captured by the United States Marshals Service.

The defendant also owned and operated Montague Enterprise, Inc., a real estate business in Rochester. During the conspiracy, Montague laundered more than $2,350,000 in drug proceeds through bank accounts associated with the real estate business. Also, the defendant purchased six properties in the Rochester area using drug proceeds. As part of the sentence, Montague was ordered to forfeit of sums of money from the sale of 19 real properties owned by Montague Enterprises, Inc. that were sold by the U.S. Marshals and that represented either proceeds of the narcotics enterprise or were involved in money laundering. 

 “The life sentence imposed upon this defendant should serve as a warning to those who seek to enrich themselves by selling drugs and, in so doing, destroying the lives of others,” stated U.S. Attorney Kennedy.  “At this point, all of money in the world would be insufficient to purchase the defendant even one second of freedom, and thus, in the end, his conduct literally cost him everything—in fact, even his own life can be added to the list of those destroyed by his drug-dealing.” 

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt; the Rochester Police Department, under the direction of Acting Chief Mark Simmons; the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge; and the United States Marshals Service, under the direction of Marshal Charles Salina.

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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 Thomas A. Gillespie, 44, of East Brady, PA, who was convicted of production of child pornography, was sentenced to serve 204 months in prison and eight years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that between July 2014 and August 7, 2014, the defendant began communicating with a minor under the age of 12 in Cheektowaga, NY, via instant messaging on Vine.com. The communications were sexually graphic in nature, and involved the defendant coercing the minor victim into sharing sexually explicit images of herself.  A search warrant was executed at the defendant’s apartment in East Brady where federal agents recovered Gillespie’s computer. A forensic examination recovered images of the minor victim, including one nude image of the victim.  

Today’s sentencing is the result of an investigation by detectives from the Cheektowaga Police Department, under the direction of Chief David Zack, and the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph M. Gullotti, 57, of Jamestown, NY, who was convicted of food stamp benefits fraud, was sentenced to six months home detention by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $173,515.00 in restitution to the U.S. Department of Agriculture.  

Assistant U.S. Attorneys Douglas A.C. Penrose and Mary Catherine Baumgarten, who handled the case, stated that the defendant owned and operated Fresh Cut Meats & More, at 631 Newland Avenue in Jamestown. Gullotti, as the owner of Fresh Cut, was authorized to accept and redeem food stamps. The U.S. Department of Agriculture prohibits a retailer from accepting food stamps for ineligible items such as beer, cigarettes, and hot prepared food, from giving cash for the benefits, and from using the benefits to pay for items purchased on credit.
 
Between January 2015 and March 21, 2017, the defendant and others accepted food stamp benefits to pay for merchandise purchased on credit by a beneficiary including ineligible items. During that time, Gullotti and others engaged in approximately $173,515 of unlawful transactions.

Today’s sentencing is the result of an investigation by the U.S. Department of Agriculture, under the direction of Special Agent-in-Charge Bethanne M. Dinkins; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; 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 Michael Yount, 47, of Lancaster, NY, who was convicted of making a materially false statement, was sentenced to serve two years probation by U.S. District Judge Elizabeth A. Wolford. Judge Wolford also ordered the defendant to perform 100 hours of community service “that directly contributes to the betterment of this community’s environment.”

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on July 18, 2016, the New York State Department of Environmental Conservation (DEC) responded to an alleged oil spill in Cayuga Creek in Niagara Falls, NY. The NYS-DEC Spills Unit found a significant amount of suspected waste oil in the creek along Niagara Falls Boulevard near Tuscarora Road and in a large storm sewer water pipe along Niagara Falls Boulevard.

As part of a subsequent investigation, a DEC Environmental Programs Technician began looking into potential sources of the oil discharge—which the Technician estimated to be between 300 and 500 gallon oil spill—and whether a violation of the Clean Water Act had occurred. The Technician contacted the defendant, who was the Environmental Compliance Officer for Delta Sonic Car Wash Systems, Inc., which has a location on Niagara Falls Boulevard, approximately a half a mile from Cayuga Creek. During a meeting at the Delta Sonic location on Niagara Falls Boulevard, the Technician learned that Delta Sonic was renovating the oil change and lube shop garage, which involved the removal of concrete floors by a subcontractor. At that time, Yount stated that there had not been any problems except for a minor spill of approximately two gallons of oil which was immediately cleaned up. 

The Technician returned to Delta Sonic the following day and observed an absorbent boom with oil on it in a storm sewer receiver located in the parking lot outside of the oil change garage. While the Technician was looking into the storm sewer receiver with the defendant, Yount, sought to mislead the Technician by stating that booms were often left in sewers and that the boom in question may have been in there for some time. However, the defendant knew that booms were not often left in the sewers at Delta Sonic and that this boom had been placed in the storm sewer receiver approximately six days earlier.  Such boom had been placed in the storm sewer receiver as a result of a complaint by another Delta Sonic employee that oily wastewater was being pumped into it as a result of the renovation of the Delta Sonic oil change and lube shop garage.

In addition, U.S. Attorney Kennedy also noted that Delta Sonic recently entered into consent agreements with both the DEC and the United States Environmental Protection Agency (EPA) regarding violation of the Clean Water Act. Pursuant to the terms of those consent agreements, Delta Sonic agreed to pay the $25,363.62 in clean-up costs and an additional $25,000 as a civil penalty to the DEC. In addition, the company agreed to pay $30,000 to the EPA as a civil penalty.

“Today’s sentencing together with these consent orders and civil penalties make clear that this Office, together with our federal and state partners, take seriously our obligation to protect our community from all threats,” stated U.S. Attorney Kennedy. “The quality of our environment is inextricably intertwined with the quality of life for our citizens. We will remain vigilant in our efforts to protect and preserve the precious natural resources with which we here in Western New York have been so richly blessed.”  

Today’s sentencing is the result of an investigation by the Environmental Protection Agency – Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke; and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Matthew Bailer, 33, of Jamestown, NY, with receipt and possession of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the indictment and a previously filed complaint, on July 11, 2018, the Jamestown Police Department received a complaint from a parent that her minor children, Victim 1 and Victim 2, may have been sexually abused by the defendant. The parent stated that she was told by the defendant’s sister that a series of concerning pictures, sexual in nature, were delivered on a Nokia cellular telephone that was used by the defendant.

Bailer was subsequently arrested on a warrant out of Missouri related to a burglary case. During a search of the Nokia cellular telephone, investigators recovered several hundred images of images of child pornography involving sexually explicit conduct by prepubescent and pubescent children.

The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the 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 Scott Aikens, 60, of Clymer, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a mandatory penalty of 10 years in prison and a $250,000 fine.

Special Assistant U.S. Attorney Jeremy V. Murray, who is handling the case, stated that according to the complaint, in late June 2018, Homeland Security Investigations in Buffalo received information that a user, identified as "EJD," was active on the Thai based child pornography open website "Boyxzeed2.net.” Investigators traced the email address utilized by “EJD” to the defendant.

On September 14, 2018, a search warrant was executed at the defendant’s residence on Route 474 in Clymer. During the search, multiple electronic devices were recovered, including a laptop and two desktop computers. At the time that the search warrant was executed, HSI special agents observed Aikens sitting in front of his computer. According to the complaint, there were multiple images on the computer screen of young prepubescent males with their genitals exposed.

The defendant is a 7-12 grade school teacher with the Clymer Central School District.

Aikens made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on September 18, 2018 at 1:00 p.m.

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

The criminal complaint 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 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 MAN CONVICTED FOLLOWING A JURY TRIAL
OF POSSESSING A SHOTGUN AND AMMUNITION

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Quincey Frye, 27, of Rochester, NY, of being a felon in possession of a shotgun and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on March 26, 2016, members from the New York State Department of Corrections and Community Supervision apprehended Frye at 270 Weyl Street in Rochester, after he absconded from parole supervision in early February. While looking for the defendant inside the residence, officers found a shotgun with an ammunition carrying case attached. The ammunition carrier contained four live shotgun shells. Officers found Frye hiding in the attic and arrested him. Evidence presented during the trial showed that after officers took Frye to booking at the Monroe County Jail, he placed a telephone call to his girlfriend.  During that telephone call, which was recorded, the defendant accused his girlfriend of telling law enforcement officers about the shotgun and then said he wanted it returned. 

At the time, Frye was under the supervision of the New York State Department of Corrections and Community Supervision following a 2012 conviction and serving a prison sentence for Attempted Burglary in the Second Degree.

The trial verdict is the result of an investigation by New York State Department of Corrections and Community Supervision, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

Sentencing is scheduled for December 14, 2018, at 11:00 a.m. before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial of the case.
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan Luis Jimenez Cortez, a/k/a Fernando Castillo, 45, a native of Mexico living in Chicago, Illinois, who was convicted of use of an entry document obtained by fraud and making false statements to a Federal official, was sentenced to serve four months in prison and three years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Stephanie O. Lamarque and Elizabeth R. Moellering, who handled the case, stated that on August 13, 2017, a Customs and Border Protection Officer at the Lewiston Queenston Bridge encountered the defendant. Cortez presented an Illinois Drivers’ License and Social Security card listing the name Fernando Castillo and claimed to be a Puerto Rican born United States citizen. However, the defendant is a Mexican citizen with no legal status in the United States, and purchased the fraudulent Social Security card.

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

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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 Cheng Qi Li, 29, 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 21 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 was 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, Li and others posted advertisements on Backpage.com to set up meetings between clients and prostitutes in Tonawanda, NY and other cities and states. Co-defendant LiangLiang 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. Li assisted in the running of the business by posting the advertisements, arranging for the travel of the females, and receiving the money that represented was the profits of commercial sex acts.

The head of the organization was co-defendant Feng Yang Chen, who recruited the female victims and brought them over from China to serve as prostitutes in the United States. Chen’s organization spanned numerous states across the Eastern coastline and mid-west. Chen organized the operation, posted the advertisements online on Backpage.com, and collected the proceeds of the illegal sex acts. The female victims felt trapped and feared for their safety. Feng Yang Chen and LiangLiang Guo were previously convicted and are awaiting sentencing.

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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A Buffalo, New York, man who owned and operated a debt collection business was sentenced to 37 months in prison today for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York.

According to documents and information provided to the court, from April 2010 through October 2013, Dorian Wills operated a debt collection business under a variety of different names.  The business engaged in illegal collection practices, including making threatening and harassing phone calls and collecting on debt that did not exist or debt to which the collection companies did not have title.  To conceal his involvement in the business, Wills directed two individuals to incorporate companies in their names in Georgia and Ohio and to open bank accounts in the names of those companies.  Wills then used these corporate entities to operate his debt collection business.

During 2011 through 2013, Wills earned significant income from his debt collection activities. However, Wills sought to hide his income and evade assessment of his income tax liabilities by using nominees to hide his ownership of his debt collection businesses and filing false tax returns. Wills also did not file tax returns at all for 2011 and 2013.  In total, Wills’ conduct caused a tax loss of over $1.2 million.

In addition to the term of imprisonment, U.S. District Judge Elizabeth A. Wolford ordered Wills to serve two years of supervised release and pay $1,466,330.05 in restitution to the IRS.

Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Jason M. Scheff and Thomas F. Koelbl of the Tax Division, who prosecuted the case. Principal Deputy Assistant Attorney General Zuckerman also thanked the U.S. Attorney’s Office for the Western District of New York and Assistant U.S. Attorney Marie P. Grisanti for their support during the investigation and prosecution of this case.

Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division announced today that Dorian Wills, 52, of Buffalo, NY, who was convicted of tax evasion, was sentenced to serve 37 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $1,466,330.05 in restitution to the Internal Revenue Service.

According to documents and information provided to the court, from April 2010 through October 2013, Wills operated a debt collection business under a variety of different names. The business engaged in illegal collection practices, including making threatening and harassing phone calls and collecting on debt that did not exist or debt to which the collection companies did not have title. To conceal his involvement in the business, the defendant directed two individuals to incorporate companies in their names in Georgia and Ohio, and to open bank accounts in the names of those companies. Wills then used these corporate entities to operate his debt collection business.

During 2011 through 2013, the defendant earned significant income from his debt collection activities. However, Wills sought to hide his income and evade assessment of his income tax liabilities by using nominees to hide his ownership of his debt collection businesses and filing false tax returns. The defendant also did not file tax returns at all for 2011 and 2013. In total, Wills’ conduct caused a tax loss of over $1,200,000.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Kennedy thanked special agents of IRS Criminal Investigation, who conducted the investigation, AUSA Marie P. Grisanti, and Tax Division Trial Attorneys Jason M. Scheff and Thomas F. Koelbl, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

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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 Darius Dix, 27, and Kurtis Washington, 27, both of Lockport, NY, who were convicted of conspiracy to distribute 500 grams or more of cocaine and 28 grams or more of crack cocaine, were sentenced to serve 72 months and 96 months respectively in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between May 2016 and June 2017, Ramone Westbrook operated a high traffic and extremely profitable cocaine and crack cocaine distribution network. Westbrook obtained cocaine and crack cocaine from several sources of supply in Atlanta, Georgia, North Carolina and New York City and from a local source of supply in Niagara Falls. Westbrook then supplied co-defendant Rico Freeman for further distribution in the Lockport area during the course of the conspiracy. Dix and Washington were also part of the drug trafficking organization, distributing cocaine and crack cocaine in the Lockport area.

On February 14, 2017, Dix sold a quantity of cocaine to a confidential informant working with law enforcement officers. He was arrested on December 27, 2016 by Lockport Police officers who recovered 10 grams of cocaine from Dix.

On four occasions between March 3, 2017, and May 11, 2017, Washington sold cocaine to a Niagara County Drug Task Force confidential source. Washington was arrested by Buffalo Police officers on June 19, 2017. He was in possession of 26 grams of cocaine Washington tried to flee during a pat-down search and attempted to discard the cocaine.

Ramone Westbrook and Rico Freeman were previously convicted.

Today’s sentencings are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, Special Agent Shane Nastoff, and Task Force Officer Eric Herrington; the Lockport Police Department, under the direction of Acting Chief Steven Preisch; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. Additional assistance was provided by the Niagara County District Attorney’s Office, under the direction of District Attorney Caroline A. Wojtaszek. 

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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 Kana Chanel Hill and Aaron James Dempsey, formerly of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that Hill and Dempsey defrauded Nordon, Inc., a plastic manufacturing company located in Rochester. The defendants worked at the company between approximately 2014 and 2017. As a payroll specialist, Hill manually triggered Nordon to issue inflated and fraudulent paychecks to herself, co-defendant Dempsey and others. Hill also used the personal identifying information of former Nordon employees to cause Nordon to issue paychecks in the names of those employees without their knowledge or consent. The paychecks were deposited into bank accounts owned by Hill and Dempsey. The fraud was discovered when a former employee received a Form W-2 from the IRS containing a discrepancy in the employee’s pay, which triggered an internal audit by Nordon and subsequent investigation by the Federal Bureau of Investigation. 

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

Sentencing is scheduled for January 9, 2019, 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 a federal grand jury returned a second superseding indictment charging Jawayne Watkins, 29, aka Weezy, of Buffalo, NY, with possession with intent to distribute, and distribution of, heroin and 4-fluoroisobutyryl fentanyl, causing serious bodily injury to, and the death an individual identified as A.C. Watkins, if convicted, faces a mandatory minimum penalty of 20 years in prison and a maximum of life.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the second superseding indictment, between November 9, 2017, and November 10, 2017, Watkins distributed heroin and 4 fluoroisobutyryl fentanyl causing the death of an individual identified as A.C.

Watkins was on New York State parole and living in a halfway house at the time of his arrest in November 2017.

4 fluoroisobutyryl fentanyl is a rare, dangerous form of fentanyl which was allegedly distributed by Watkins. 

The second 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, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Thamud Eldridge, 44, aka Damu, who was convicted following a seven week jury trial of multiple RICO, drug, and gun charges, was sentenced to serve 50 years in prison by U.S. District Judge Richard J. Arcara.
 
Eldridge was convicted of Racketeering Influenced Corrupt Organization (RICO), RICO conspiracy, narcotics conspiracy, possession of firearm in furtherance of violence and violent crime, kidnapping, and robbery.

Assistant U.S. Attorneys Joseph M. Tripi and Meghan A. Tokash, who handled the prosecution of the case, stated Eldridge and co-defendant Kevin Allen were members and associates of a criminal organization which operated on the East Side of Buffalo from 2003 until 2005. The organization was found by the jury to be a violent group of gang members who specialized in targeting and then robbing drug dealers in and around the City of Buffalo, intending to steal their illegal drugs, money, and jewelry. Eldridge, Allen, and their associates were also accused in the indictment of invading victims’ homes, threatening residents at gun point for money and other items of value, and kidnapping drug dealers.
 
One victim who testified for the Government at trial, told the jury that Eldridge and Allen came to his home seeking money and drugs, then forcibly kidnapped him--forcing him into their vehicle with a gun into his neck. They drove the victim to another location in Buffalo where the victim stored his drugs. The dealer said his life was spared only because he was able to give them over a kilogram of cocaine.
 
Another Government witness testified that he was robbed of money at gunpoint in the driveway of his family home.
 
Other victims of a home invasion masterminded by Eldridge testified that their arms and legs were bound with duct tape while they were held at gunpoint--execution style. One victim was handicapped and duct taped to his wheelchair. While Eldridge's associates tried to break into the upper apartment which belonged to a known drug dealer, he casually smoked a cigar. That cigar was collected by crime scene detectives and later tested for DNA which confirmed Eldridge's presence at the crime scene.
 
Victims testified about the terror they experienced--one told the Court she dialed 9-1-1 underneath a couch so Eldridge and his gang members would not detect her attempts at contacting law enforcement. Eldridge and associates escaped before police arrived--only to be caught be his DNA left at the crime scene.
 
Additionally, the members of the enterprise and their associates distributed quantities of cocaine, crack cocaine, heroin and marijuana, and planned conspired, attempted and committed robberies and murders against other rival drug dealers in order to enhance their street credibility on the East Side of Buffalo. 

Kevin Allen was also convicted at trial and is scheduled to be sentenced on September 11, 2018.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in- Charge Gary Loeffert, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, the New York State Police, under the direction of Major Edward Kennedy, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.   
 
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CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tashawn Gay, 27, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to time served (36 months) by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between the summer of 2012 and April 3, 2013, the defendant, along with co-defendants Tyshawn Bradley, Darnell Brown, Dallas McLamore, Eric Ross, David Varner, Latifah Donaldson and others, to sell crack cocaine in the City of Buffalo, primarily around the Perry Housing Project. Gay purchased cocaine and crack cocaine from Tyshawn Bradley, which the defendant then distributed to his own customers. Gay did not sell crack cocaine on the grounds of the Perry Housing Projects; rather, his customers were located in other parts of the City of Buffalo.

On January 3, 2013, members of the Buffalo Police Department executed a search warrant at the defendant’s residence on Millicent Avenue, and seized approximately five 8-balls of crack cocaine and packaging materials. In addition, during the course of the investigation, the FBI intercepted telephone calls between the defendant and Tyshawn Bradley, during which they discussed meeting for the purpose of Bradley selling cocaine and/or crack cocaine to Gay. On April 3, 2013, law enforcement officers again searched the defendant’s Millicent Avenue residence and seized $2,800 in United States currency, marijuana and packaging materials.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Thompson, 61, of Lockport, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 40 grams or more of a mixture or substance containing fentanyl, was sentenced to serve 72 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who handled the case, stated that between June 2013 and September 2015, the defendant conspired with others to distribute fentanyl, heroin, and cocaine.

On February 13, 2015, the Niagara County Drug Task Force conducted a controlled buy at Thompson’s residence on Elmwood Avenue. The drug sold by the defendant tested positive for fentanyl. On March 4, 2015, the task force conducted a second controlled buy at Thompson’s residence. The drug sold by the defendant during the second buy tested positive for heroin.

On March 10, 2015, a New York State search warrant was executed at Thompson’s residence. Law enforcement officers recovered approximately 88 grams of fentanyl, 60 grams of heroin, and 17 grams of crack cocaine. A digital scale, baggies, and $1,955.00 in cash were also seized.

During the course of the conspiracy, the defendant distributed various types of drugs to as many as 10 customers daily.

Thompson was one of 17 defendants indicted in August of 2016 for his role in a drug trafficking organization that utilized contacts and sources of supply from Mexico, California, and elsewhere. The organization trafficked thousands of kilograms of illegal narcotics, including heroin, fentanyl, and cocaine throughout the United States, including Lockport, Niagara Falls, and Buffalo. A total of seven defendants have been convicted. 

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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Tianna Natasha McPherson, 40, of Kitchener, Ontario, was arrested and charged by criminal complaint with assaulting, resisting, or impeding an officer of the United States. The charge carries a maximum penalty of eight years in prison and a $250,000.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on September 2, 2018, the defendant was dropped off at the Rainbow Bridge port of entry by a taxi cab. McPherson stated she intended on visiting the Niagara Falls State Park for a few hours. Due to derogatory information related to the defendant’s previous attempted crossings into the United States, McPherson was referred for a secondary inspection, denied admittance into the United States, and advised that she would be returned to Canada.

At this point, the defendant became verbally combative and uncooperative, indicating she did not want to go back to Canada, and stating that she was an American citizen. However, McPherson offered no credible or verifiable information to support her claim to U.S. citizenship. The defendant stated that she wanted to go before an American judge, and grabbed her baggage, and began walking towards the exit of the lobby. A Customs and Border Protection officer positioned herself in front of the exit and informed McPherson she was not to leave and to sit down. The defendant asked the officer, “What if I punch you in the face?” The officer again ordered McPherson to sit down. The defendant then stated that she wanted to be charged criminally. At this time, McPherson open-hand slapped the officer on the left side of her face. The defendant was subsequently restrained and escorted to a holding cell.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and is being held. A detention hearing is scheduled for September 13, 2018, at 1:30 p.m.

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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