Western District of New York

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Anjaneyulu Katam, of Rochester, NY, pleaded guilty to visa fraud before Chief U.S. District Judge Frank P. Geraci.  The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

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

Sentencing is scheduled for September 6, 2018, at 10:30 a.m. before Chief Judge Geraci. 

# # # #
.        

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Gene Foland, 58, Jeffrey G. Klein, 63, Joel Marcus, 79, all of Florida, Saad Shuaib, 49, a citizen of Kuwait, and Walter Tatum, 60, of California, each pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Russell T. Ippolito, Jr. and Paul E. Bonanno, who are handling the case, stated that the defendants participated in a “boiler room” scam that operated in Barcelona, Spain. Members of the conspiracy, working in the Spain boiler room, conned investors in the United Kingdom and Canada into buying nearly worthless shares of restricted stock at severely inflated prices by telling buyers that they were buying more valuable freely traded shares of stock. 

Approximately 250 investors lost more than $2,900,000 to the defendants, and a number of other conspirators. A portion of the criminal proceeds were funneled through a bank account in Western New York before being sent to numerous overseas accounts controlled by members of the conspiracy. Foland’s role in the conspiracy was to offer assistance and advice to the managers of the Barcelona boiler room and to procure worthless restricted stock for the boiler room to sell. Klein, an attorney, served as the escrow agent for the fraudulent stock transactions. Marcus, Tatum and Shuaib sold worthless restricted stock to the boiler room conspirators, who then sold the restricted stock to unsuspecting investors as though the stock was the more valuable freely trading stock. 

A total of 10 defendants involved in the boiler room scam have been convicted.  Charges are pending against two other defendants, including one defendant who is fighting extradition in England. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.   

The pleas are the result of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Kevin Kelly, Special Agent-in-Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge.

Sentencings are scheduled for January 15, 2019, before Judge Wolford.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dakota J. Sarfaty, 21, Marcos D. Guzman, 34, and Luis D. Marcano-Agosto, 33, all of Rochester, NY, were arrested and charged by criminal complaint with various federal firearms offenses in relation to the theft of firearms from Chinappi’s Firearms & Supplies in Spencerport, NY, on two separate occasions in August 2018.

Specifically, Sarfaty is charged with theft of firearms from a Federal Firearms Licensee, possession of stolen firearms, and use of a firearm during and in relation to a drug trafficking crime; Guzman is charged with possession of stolen firearms and possession of firearms by a convicted felon; and Marcano-Agosto is charged with possession of stolen firearms. The charges against Sarfaty carry a minimum penalty of five years in prison, and a maximum penalty of life, and a $250,000 fine, while the charges against Guzman and Marcano-Agosto carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, the charges stem from two burglaries that occurred at Chinappi’s Firearms & Supplies in Spencerport on August 12, 2018, and August 16, 2018.  During the burglaries, numerous firearms were stolen from the basement of the store. An interior surveillance camera captured images of defendant Sarfaty breaking into the store and removing numerous boxes containing firearms. Law enforcement officers arrested Sarfaty on August 17, 2018, at which time he was found to have a loaded .40 caliber handgun, which had been stolen from Chinappi’s Firearms & Supplies, in his waistband.      

According to the complaint, 15 of the stolen firearms were sold and one was traded for a quantity of cocaine. Through further investigation, law enforcement officers recovered 10 additional firearms that had been stolen from Chinappi’s. Eight of those firearms were found in the backyard at 152 Avenue B in Rochester, which is the location at which Guzman was arrested. Marcano-Agosto was arrested after fleeing 152 Avenue B as law enforcement officers approached the location. 

The defendants are scheduled to make an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman on September 6, 2018 at 9:30 a.m.

The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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 Demetrius Parker, 36, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.  

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, on October 10, 2017, an individual called 911 and reported a road rage incident that had occurred near the intersection of Hertel and Delaware Avenues in Buffalo. The caller (victim) reported that the driver of a green minivan had pulled alongside his vehicle, pointed a gun at him, and threatened to shoot him. The victim described the driver as a black male with a beard wearing a black hat, and the gun as a black handgun with a square-shaped nozzle and orange sights.

Approximately 30 minutes later, two Buffalo Police officers on patrol located the  green minivan on Olympic Avenue in Buffalo and initiated a traffic stop after the minivan turned on to Alma Avenue. An officer approached the minivan being driven by the defendant. While speaking with the officer, Parker put the vehicle into gear and attempted to flee the scene with the officer hanging halfway in the vehicle. The minivan crossed Alma Avenue and drove up over the curb in front of a residence and came to a stop. Following a physical struggle, officers secured and detained the defendant.

Subsequently, officers recovered a loaded .45 caliber semi-automatic pistol, next to the driver's seat in the minivan. The victim was transported to the scene on Alma Avenue by officers and immediately identified the minivan as the vehicle involved in the road rage incident, and Parker was positively identified him as the driver who threatened him with a gun.

The defendant was previously convicted of Possession of a Weapon in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree in Erie County Court on March 30, 2006, and is legally prohibited from possessing a firearm.

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

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

# # # #

 

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 15-count indictment charging Benjamin Handley, 25, of Homer, Alaska, with five counts each of unlawful shipment of defaced firearm, unlawful transfer of machinegun, and unlawful transport of firearm. The charges carry maximum penalties of 10 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment, Handley is accused of shipping nine firearms from the State of Alaska to the State of New York in February, March, May, and July of 2018. Those firearms included four Glocks, three MAC9s, a MAC10, and a MAC11. All nine firearms were modified to fire automatic, as machine guns, and had their serial numbers obliterated.

The defendant was arraigned before Chief Magistrate Judge Deborah M. Smith in Anchorage, Alaska and ordered detained. He will be scheduled for arraignment upon his transport to Buffalo.

The 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; ICE-HSI Anchorage; the United States Postal Service Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; and the Alaska Department of Public Safety, Division of Alaska State Troopers. The U.S. Attorney’s Office for the District of Alaska also assisted in Handley’s arrest.

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 Dion Cheatham, 44, of Lockport, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder to conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of heroin. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the case, stated that between June 2013 and September 2015, the defendant distributed heroin and fentanyl to multiple customers that was supplied to him by co-defendant Trent Hamilton. Prior to engaging in drug transactions, Cheatham went to Hamilton's house at 184 High Street in Lockport to obtain heroin and fentanyl for resale. On December 13, 2014, the defendant was intercepted on the phone engaging in a coded conversation with Hamilton for the purpose of acquiring controlled substances for re-distribution. Soon after the intercepted phone call, video surveillance captured Cheatham arriving at 184 High Street.

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

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

Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced that a federal grand jury has returned an indictment charging Ibrahim Dirweesh, 34, of Atlanta, Georgia, with possession of child pornography. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to a previously filed complaint and the indictment, on August 22, 2018, following a secondary inspection, the defendant was detained by Customs and Border Protection officers at the Peace Bridge Port of Entry. During that secondary inspection, videos of child pornography were discovered on Dirweesh’s cell phone. The videos were sexual in nature involving pre-pubescent children as young as two years-old. 
 
The defendant was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Austin Campbell, 46, of Smyrna, Delaware, who was convicted of interstate travel with intent to engage in illicit sexual conduct, was sentenced to serve 70 months in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Aaron J. Mango and Wei Xiang, who handled the case, stated that between June 15, 2017, and August 22, 2017, the defendant, began communicating on a social networking application with an undercover agent employed by the Department of Homeland Security. At the time, Campbell believed the agent was a 15-year-old female from Buffalo. The defendant engaged in very graphic sexual conversations with the agent via chat messages.  During them, Campbell discussed traveling to Buffalo to engage in sexual activity.

On August 21, 2017, the defendant indicated that he would be in Buffalo on August 23, 2017.  He and the undercover agent discussed the details of how they would meet. On August 23, Campbell traveled from the State of Delaware to a truck stop located in Cheektowaga, NY. After arriving at the truck stop, the defendant sent the agent a message to come and meet him in the parking lot. Campbell was arrested at that time. 

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.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kenneth Hoag , 57, of Dansville, NY, pleaded guilty before U.S. District Judge David G. Larimer to possession with intent to distribute five grams or more of methamphetamine. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on April 7, 2017, the defendant sold methamphetamine to an individual at The Bone Yard, located on State Highway 36 in Dansville. Additionally, on April 21, 2017, Hoag possessed in his tool chest a quantity of methamphetamine. The defendant used and maintained The Bone Yard for the purpose of distributing methamphetamine.

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

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 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.  

Sentencing is scheduled for December 11, 2018, before Judge Larimer.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raymond Whelan, 49, of Cheektowaga, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiracy to traffic in counterfeit goods. The charge carries a maximum penalty of 10 years in prison and a $2,000,000 fine.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant operates Rayscarparts71.com. Between June 2015 and March 2016, Whelan and co-defendant David Nichols entered into an agreement to sell counterfeit automobile airbags. Whelan would contact Nichols and order numerous airbags bearing counterfeit trademarks of Honda, Toyota, Nissan, Subaru, Mazda, Hyundai, Acura, and Mitsubishi. Nichols would then locate manufacturers in China to supply the requested airbags.

In order to avoid detection during importation, the airbags were mislabeled. Once imported into the United States, Whelan would sell the airbags on eBay utilizing the name Rayscarparts71. The airbags were listed on eBay as genuine used airbags designed to fit Honda, Toyota, Nissan, Subaru, Mazda, Hyundai, Acura, and Mitsubishi.

During the investigation, multiple undercover purchases were made from Rayscarparts71 and airbags were seized from the defendant’s business. All the purchased and seized airbags were determined to be counterfeit. The airbags also contained trademarks of Honda, Toyota, Nissan, Subaru, Mazda, Hyundai, Acura, and Mitsubishi, trademarks registered with the United States Patent and Trademark Office. None of these companies authorized the defendant to utilize their trademarks.

Whelan imported and sold more approximately 360 counterfeit automobile airbags with an average manufacturer’s retail price of $650.00. The total infringement amount was $236,600.

Co-defendant David Nichols was previously convicted and is awaiting sentencing.

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

Sentencing is scheduled for December 17, 2018, at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Washington, 35, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroeder to conspiracy to possess with the intent to distribute, and to distribute, between five and 15 kilograms of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between June 2011 and November 2014, the defendant obtained multi-kilogram amounts of cocaine from California, then distributed the cocaine to others in the Buffalo area. In addition, during the same time frame, Washington structured cash deposits, in amounts under $10,000, in an effort to hide the proceeds of his illegal drug sales, and avoid the bank reporting requirements for cash deposits over $10,000. 

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.

Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Maxim Levin, 40, of Amherst, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to filing a false tax return. The charge carries a maximum penalty of three years in prison, and a $250,000 fine.

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

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge James D. Robnett, New York Field Office, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for December 13, 2018, at 10:30 a.m. before Chief Judge Gerace.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging 12 members and associates of the CBL/BFL Gang with racketeering and narcotics conspiracy; possession of firearms in furtherance of a crime of violence; and possession of firearms in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.  

Named in the indictment are:

• Shawn Woods, a/k/a Pif, 26; • Michael Walker, a/k/a Yam, 27; • Mikel Lowe, a/k/a L-O, 24; • Aaron Mack, a/k/a Dean, a/k/a Deano, 26; • Shameris Washington, a/k/a GB, 20; • Maurice Rice, a/k/a Reese, 20; • Dalvon Curry, a/k/a Dale, a/k/a Dalo, 22; • Dajon Nettles, a/k/a Gucc, 24; • Larell Watkins, a/k/a 90-Ls, 20; • Larry Watkins, Jr., 26; • Larquon Watkins, a/k/a 90, 25; and
• Rashad Rose, a/k/a Gotti, 23.

In addition:

• Defendant Dalvon Curry is charged with two murders in aid of racketeering. On December 5, 2015, he is accused of shooting and killing rival gang member Jaquan Sullivan. And on January 1, 2017, he is accused of shooting and killing Xavier Wimes.
• Defendant Larell Watkins is charged with one murder in aid of racketeering for providing Dalvon Curry with the firearm used to shoot and kill Xavier Wines.
• Defendants Shawn Woods, Rashad Rose, and Aaron Mack are charged with assault in aid of racketeering.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment, the defendants are members and associates of the CBL/BFL Gang which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other controlled substances.

The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang. An attack on a member typically resulted in retaliation by all members of the gang. Members and associates also used social media, such as Facebook and Snapchat, to display gang affiliation, brandish firearms, display quantities of currency and narcotics, and show participation in violent acts. They also produced, sang, and appeared in music videos at locations in and around the gang's territory that promoted the enterprise and its activities.

In order to enforce the authority, members and associates maintained a ready supply of firearms. Certain members and associates carried and discharged firearms. These "enforcers" or "shooters," retaliated with deadly force against threats of encroachment and violence, both actual and perceived, from rival gangs or individuals. CBL/BFL gang members also threatened witnesses who they suspected might testify or provide information to law enforcement about the crimes committed by the gang.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief David Zack; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.

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 Juan Humberto Martinez-Vega, 47, and Giovani Ramirez-Soto, 26, both citizens of Mexico, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and distribution of, methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on July 26, 2018, a New York State Police Trooper conducted a traffic stop of a vehicle, with Alabama license plates, driving on Route 20A in the Town of Warsaw in Wyoming County. The trooper approached the vehicle which was being driven by Martinez-Vega with Ramirez-Soto as a passenger. Martinez-Vega gave the trooper an expired Georgia identification card. The defendant also told the trooper he was looking for work.

Martinez-Vega gave the trooper consent to search the vehicle. A NYSP K9 Trooper was brought to the scene. A K9 alerted to several areas of the vehicle and a subsequent search recovered 1,200 grams of suspected heroin, and approximately 421 grams of suspected methamphetamine hidden behind the front dashboard of the vehicle.

Further investigation determined that the defendants were illegally present in the United States.    

Ramirez-Soto made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained. Martinez-Vega will make an initial appearance on August 30, 2018.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Edward Kennedy, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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

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

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

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, 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 she found a series of concerning pictures, sexual in nature, 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, both male and female.

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

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 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. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Middlebrooks, 22, Nasir Perez, 20, and Deborah Siegel-Edelman, 22, all of Rochester, NY, who were convicted of aiding and abetting Hobbs Act Robbery, were sentenced by U.S. District Judge Elizabeth A. Wolford. Defendants Middlebrooks and Perez were also convicted of aiding and abetting the possession of a firearm that was discharged during a crime of violence. Defendant Perez was sentenced to serve 180 months in prison; defendant Middlebrooks was sentenced to serve 188 months in prison; and defendant Siegel-Edelman was sentenced to serve 144 months in prison.  

Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that Middlebrooks, Perez, and Siegel-Edelman took part in a series of gunpoint robberies at stores in the City of Rochester between September 3, 2017, and September 23, 2017: 

• On September 3, 2017, Perez and Middlebrooks committed a gunpoint robbery of the Hudson Save More on Hudson Avenue. Together with co-conspirators Damien Rutledge and Dylan Miller, Perez acted as a lookout at the front door while Middlebrooks removed approximately $1,420 from the store’s cash registers; • On September 14, 2017, during a gunpoint robbery of the 18 Hour Store on North Goodman Street, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $500 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver; • On September 18, 2017, during a gunpoint robbery of the Four Star Market on Lake Avenue, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $2,650 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver; • On September 23, 2017, during a gunpoint robbery of the Bronx Market on Brown Street, Middlebrooks and Perez, along with co-defendants Miller and Rutledge, removed approximately $900 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver; • Also on September 23, 2017, Siegel-Edelman drove Middlebrooks and Perez, along with co-defendants Miller and Rutledge, to the Greyhound Express Mini Mart on Carter Street. Middlebrooks, Perez, Miller, and Rutledge entered the store, a gun was pointed at the store owner, and after a struggle between the store owner and one the robbers, a store employee removed the robber’s gun from the robber’s hand. The store employee then pointed the gun at Middlebrooks, who put his hands up, but also moved forward towards the store employee. After Middlebrooks took several steps towards the employee, the employee fired the gun, and the discharged round hit Middlebrooks in the stomach. Middlebrooks, Perez, Miller and Rutledge got back into Siegel-Edelman’s car, and she drove them away from the scene of the attempted robbery.

Charges remain pending against defendants Dylan Miller and Damien Rutledge. The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.  

The sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

A Canadian man who led a multi-million dollar tax fraud conspiracy was sentenced to 60 months in prison today, 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 filed with the court and evidence introduced at a related trial, Daveanan Sookdeo, 46, formerly of Ontario, Canada, promoted a scheme in which Canadian citizens filed false tax returns with the Internal Revenue Service (IRS) that fraudulently sought nearly $10 million in income tax refunds.  After the participants in the scheme received their tax refunds, they travelled to the United States where they opened bank accounts at various financial institutions to deposit the refund checks.  The coconspirators then moved the money back to Canada by wire transfers and other means.  The fraudulent tax filings resulted in actual losses to the government of over $3.5 million dollars.

Sookdeo profited from the scheme by charging his coconspirators an upfront fee for the false documents used in the scheme, as well as a percentage of any tax refunds obtained through the scheme.  Sookdeo worked with Ronald Brekke, a coconspirator in California, to prepare fraudulent Forms 1099-OID that participants in the scheme attached to their false income tax returns.  Sookdeo also personally filed nine false tax returns and obtained a tax refund check in the amount of $73,662.25. 

Sookdeo was arrested in Trinidad and Tobago in 2017 and later extradited to the United States.  In May 2018, Sookedo pleaded guilty to conspiracy to defraud the United States and to commit theft of government funds, and filing a false claim against the United States. 

In addition to the term of imprisonment imposed, U.S. District Judge Frank P. Geraci Jr. ordered Sookdeo to serve a three year term of supervised release and pay restitution to the IRS in the amount of $3,553,303.

Sookdeo is the fifth Canadian citizen to be convicted, and the second to be sentenced, for his role in this scheme. In January 2016, Kevin Cyster of Burlington, Ontario, was sentenced to 135 months in prison after a jury convicted him of conspiring to defraud the United States and commit theft of government funds, making a false claim against the United States and transferring stolen money in foreign commerce. Renee Jarvis, Timothy Johnston, and Jose Compuesto, also of Canada, pleaded guilty to conspiring to defraud the United States and commit theft of government funds and are awaiting sentencing.  Sookdeo’s California-based coconspirator, Ronald Brekke, is currently serving a 12-year prison sentence. 

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Kennedy thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Melissa S. Siskind and Thomas F. Koelbl and Assistant U.S. Attorney John Field of the Western District of New York, who prosecuted this case.

Additional information about the Tax Division’s enforcement efforts may 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. announced today that Cleophus Dentmond, aka “Face,” 28, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, cocaine, was sentenced to serve six months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that the defendant conspired with Stevie Alejandro who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant participated in the conspiracy with co-defendants Alejandro, Aaron Hill, Gilbert Guzman, Catherine Ramos, and others, to distribute cocaine in the Lovejoy District. 

During the conspiracy, Alejandro conducted negotiations with an undercover law enforcement officer regarding the sale, cost, amount, and delivery of cocaine. Then, Dentmond, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. All proceeds went back to Alejandro. A total of 14 cocaine sales took place with the undercover officer.

Defendants Dentmond, Alejandro, Hill, and Guzman have all been convicted. Charges are pending against Catherine Ramos. 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.  

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sharon Thompson, 26, of Lackawanna, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine within 1000 feet of a public housing property, and conspiracy to retaliate against an informant, was sentenced to serve 24 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 May 7, 2014, the defendant sold crack cocaine to a confidential informant working with the Lackawanna Police Department. The purchase occurred within 1000 feet of the Gates Housing Projects in Lackawanna. On October 11, 2014, Thompson and another individual assaulted another individual who they believed was cooperating with law enforcement officers. In addition, they stole cash and a cell phone from the victim while the victim was unconscious.   
 
Thompson is one of 18 defendants arrested and convicted in a large scale drug trafficking operation that operated in and near the Gates Housing Project.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew S. Jones, 32, of Jamestown, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, five grams or more of methamphetamine, was sentenced to serve 100 months in prison by U.S. District Judge Lawrence J. Vilardo.

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

Beau K.C. Jones was previously convicted and is awaiting sentencing.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Hill, 31, of Cheektowaga, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to serve 37 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that the defendant conspired with Stevie Alejandro who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant participated in the cocaine conspiracy with co-defendants Alejandro, Cleophus Dentmond, Gilbert Guzman, Catherine Ramos, and others, to distribute cocaine in the Lovejoy District. 

During the conspiracy, Alejandro conducted negotiations with an undercover law enforcement officer regarding the sale, cost, amount, and delivery of cocaine. Then, Hill, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. All proceeds went back to Alejandro. The defendant was involved in a total of 14 cocaine sales, either direct hand to hand sales, or by facilitating the distribution via other co-conspirators.

Defendants Alejandro, Guzman, and Dentmond were previously convicted. Charges are pending against Catherine Ramos. 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.  

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Erick Pizarro, 37, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of firearms in furtherance of a drug trafficking crime and being a felon in possession of a firearm. The charges carry mandatory minimum of five years in prison, a maximum of life, and a $250,000 fine.

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

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

Sentencing is scheduled for January 4, 2019, at 10:00 a.m. before judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nafese J. Sanford, 26, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, the Lackawanna Police Narcotics Unit has been investigating the narcotics trafficking activities of the defendant since June 2018. The investigation determined that Sanford is a street-level crack cocaine distributor with a large customer base in the Buffalo area who operated around the Parkview Towers, a federally funded senior housing unit on Ridge Road in Lackawanna.

Between July 13, 2018, and August 22, 2018, the Lackawanna Police Department and Drug Enforcement Administration made three undercover purchases of crack cocaine from the defendant.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eriel Rivera, 42, of Bronx, NY, who was convicted of possession with intent to distribute 100 grams or more of heroin, was sentenced to serve 41 months in prison by U.S. District Court Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on July 8 and July 22, 2017, the defendant sold a quantity of cocaine to a confidential source working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Rivera was arrested on September 29, 2017, in a coffee shop in Niagara Falls, NY. At the time, the defendant was in possession of $1,885 in cash and a quantity of suspected heroin.

The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced that Ibrahim Dirweesh, 34, of Atlanta, Georgia, was arrested and charged by criminal complaint with possession of child pornography. The charges carry a maximum penalty of 20 years imprisonment, a lifetime period of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that Ibrahim Dirweesh was apprehended by officers of U.S. Customs and Border Protection working at the Peace Bridge after being referred to secondary inspection.  That secondary inspection revealed videos of child pornography located on Dirweesh’s cell phone.

The defendant made an initial appearance on August 23, 2018, before United States Magistrate Judge H. Kenneth Schroeder, Jr.  Judge Schroeder ordered Dirweesh detained following a detention hearing.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Armando Ernesto Abarca, 22, of Modesto, California, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.   

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between September 2014, and September 2016, the defendant conspired with others to possess and distribute cocaine. Specifically, the defendant utilized a storage unit in Amherst, NY to store 43 kilograms of cocaine. The defendant also distributed approximately 50 kilograms of cocaine in Columbus, OH during the course of this conspiracy.

The charges against co-defendant Raul Everado Ledesma Abarca remain pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.

Sentencing is scheduled for December 12, 2018, at 11:00 a.m. before Judge Wolford.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Damien Rutledge, 22, of Rochester, NY, pleaded guilty to his role in a series of five gunpoint commercial robberies that occurred in September, 2017 in Rochester, New York. 

Rutledge pleaded guilty to five counts of committing or aiding and abetting Hobbs Act robbery in violation of Title 18, United States Code, Section 1951(a). Each robbery charge carries a maximum penalty of 20 years imprisonment and a $250,000 fine.  Rutledge also pleaded guilty to aiding and abetting the possession of a firearm during a crime of violence that was discharged, in violation of Title 18, United States Code, Section 924(c)(1)(A)(iii).  That charge carries a mandatory minimum term of imprisonment of 10 years, which by law, must be served consecutively to any sentence imposed on the robbery counts.  It also carries a maximum penalty of life imprisonment and a $250,000.00 fine.

The guilty pleas were entered before United States District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that during his pleas of guilty, Rutledge admitted his role in a series of gunpoint robberies that were committed at stores within the City of Rochester between September 3, 2017 and September 23, 2017:

• On September 3, 2017, during a gunpoint robbery of the Hudson Save More on Hudson Avenue, Rutledge, along with co-conspirators Jonathan Middlebrooks, Nasir Perez and Dylan Miller, removed approximately $1,420 from the store’s cash registers.
• On September 14, 2017, during a gunpoint robbery of the 18 Hour Store on North Goodman Street, Rutledge, along with co-conspirators Middlebrooks, Perez and Miller, removed approximately $500 from the store’s cash register, while co-conspirator Deborah Siegel-Edelman served as the getaway driver.
• On September 18, 2017, during a gunpoint robbery of the Four Star Market on Lake Avenue, Rutledge, along with co-conspirators Middlebrooks, Perez and Miller removed approximately $2,650 from the store’s cash register, while Siegel-Edelman served as the getaway driver.
• On September 23, 2017, during a gunpoint robbery of the Bronx Market on Brown Street, Rutledge, along with co-conspirators Middlebrooks, Perez and Miller removed approximately $900 from the store’s cash register, while defendant Siegel-Edelman served as the getaway driver.
• Also on September 23, 2017, Rutledge, Perez, Middlebrooks and Miller were driven to the Greyhound Express Mini Mart on Carter Street by Siegel-Edelman. Middlebrooks, Perez, Miller and Rutledge entered the store, a gun was pointed at the store owner, and after a struggle between the store owner and one the robbers, a store employee removed the robber’s gun from the robber’s hand. The store employee then pointed the gun at Middlebrooks, who put his hands up, but also moved forward towards the store employee. After Middlebrooks took several steps towards the employee, the employee fired the gun, and the discharged round hit Middlebrooks in the stomach.  The co-conspirators then fled the scene of the attempted robbery.

Co-conspirators Middlebrooks, Miller, Perez and Siegel-Edelman have previously pleaded guilty to their roles in these robberies. 

The guilty pleas by Rutledge are the result of an investigation by by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for November 29, 2018 at 3:00 pm before Judge Wolford.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Charles Weber, 62, of Snyder, NY, was convicted after a jury trial of two counts of making and subscribing a false tax return.  The charges carry a maximum penalty of three years in prison, a fine of $250,000 or both.

Assistant U.S. Attorneys MaryEllen Kresse and Stephanie Lamarque, who handled the prosecution of the case, stated that, prior to 2009, Weber, a dentist, was operating a private dental practice in Williamsville, New York.  In April 2009, he filed tax returns for the 2006 and 2007 tax years in which he falsely stated that he was not a United States citizen and had not been present in the United States at any time during 2006 or 2007.  Weber also falsely stated that his only taxable income in 2006 and 2007 came from dividends.  Weber, who was born in the United States, lived in Snyder, New York and worked in Williamsville, New York, knew that he was a United States citizen and that he had been living and working in the United States in 2006 and 2007.  Weber also knew that in 2006, in addition to his income from dividends, his gross receipts from his dental business had been in excess of $297,000, and that, in 2007, in addition to his income from dividends, his gross receipts from his dental business had been in excess of $283,000.

The trial verdict is the result of an investigation by Special Agents with the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-In-Charge James D. Robnett, New York Field Office.

Sentencing is scheduled for December 6, 2018 at 12:30 before U.S. District Judge Richard J. Arcara who presided over the trial of the case.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Donald Egan, 52, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to 10 years imprisonment by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that while on supervised release, the defendant was found with a cellular telephone containing over 30 images of child pornography involving prepubescent minors.  This is the defendant’s third conviction for possession of child pornography.  He was previously convicted in 2002 and 2006 for possessing child pornography.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-In-Charge Gary Loeffert and the United States Probation & Pretrial Services Office, under the direction of Chief U.S. Probation Officer Anthony San Giacomo.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced that Richard Dzionara-Norsen, 26, of Brighton, NY, was arrested and charged by criminal complaint with possession and distribution of child pornography. The charges carry a minimum penalty of 5 years imprisonment and maximum of 20 years imprisonment, a lifetime period of supervised release, and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that Dzionara-Norsen was apprehended by members of the FBI Child Exploitation Task Force after Dzionara-Norsen was allegedly observed by federal agents actively trading child pornography online.  According to the criminal complaint, Dzionara-Norsen admitted to agents that he traded child pornography and had done so for a period of several months while living in Brighton, NY. 

The defendant made an initial appearance on August 20, 2018, before United States Magistrate Judge Marian W. Payson. Dzionara-Norsen is being held without bail pending the results of a detention hearing.

The criminal complaint 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.

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 Michael White II, 19, of Canton, OH, pleaded guilty to failure to obey a lawful order by a U.S. Customs and Border Protection officer before U.S. Magistrate Judge Michael J. Roemer and was sentenced by Judge Roemer to a $5,000 fine.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on the morning of March 15, 2018, a charter bus arrived at the Peace Bridge Port of Entry. White was one of the occupants on the bus attempting to make entry into the United States from Canada. During a routine inspection, CBP officers asked the occupants to exit the bus and make their way into the Customs office for inspection or admission into the United States. After White exited the bus, he walked directly into a CBP officer who had given a lawful command to White to stop. White ignored the command and attempted to walk past the officer. The officer then raised his arm to stop White from walking past him. After some physical contact between White and the officer, White swung at the officer but missed.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy announced today that Mark Ramos, 32, of San Antonio, Texas, who was convicted of conspiracy to possess with intent to distribute, and distribution of, more than 500 grams of cocaine, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between May 2016 and June 1, 2016, the defendant conspired with co-defendants Jabriel Crews, Charles Gonzalez, and others, to take delivery of cocaine sent through the U.S. mail, and to distribute it in the Buffalo area.

On June 1, 2016, Ramos drove a rented vehicle to the parking lot of a retail store in Cheektowaga, NY, and parked next to a car driven by Charles Gonzalez. After a brief meeting in Gonzalez’s vehicle, Gonzalez removed a package containing cocaine from the trunk and gave it to the defendant, who then placed in the trunk of his vehicle. Upon executing a search warrant on the vehicle, officers recovered two bricks of cocaine inside of a U.S. postal parcel addressed to Charles Gonzalez.

Charles Gonzalez was charged and convicted in state court. Jabriel Crews was charged and convicted in federal court and is awaiting sentencing.

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

WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.

On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.

In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.

The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:

 

Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.

"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs.  These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”

“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”

“Today’s announcement reducing the manufacturing quota for opioids makes sense, as the reduction in the supply of these licit opioids should eventually result in a decrease in the demand for illicit opioids,” noted James P. Kennedy, Jr., U.S. Attorney for the Western District of New York. “With less opiates available, it stands to reason that one or both of the following things will happen: (1) the number of patients being prescribed opiates will be reduced; and/or (2) the duration/frequency of each patient’s use of opiates will be reduced. With less people, being prescribed less opiates, for shorter periods of time, the likelihood that users will develop a dependence on these dangerous drugs will also be diminished.  By lessening dependence on legal opioids we succeed in diminishing the very affliction that causes so many in our country to pay for deadly and dangerous illegal opioids with their lives.” 

Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.

When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.

The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.

In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Roger Garfield Campbell, of Kingston, Jamaica, was arrested and charged by criminal complaint with visa fraud. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, in October 2015, Campbell applied for a visa to enter the United States as a non-immigrant visitor. The defendant submitted the application to the United States Department of State under the penalty of perjury, and was subsequently interviewed by members of the United States Consulate in Kingston as part of the application process.  The complaint states that Campbell provided false information to the Department of State concerning his criminal history in order to obtain the visa. Based on his false representations, the defendant was granted a non-immigrant visa, and entered the United States via the Atlanta Georgia Port of Entry in 2016.   

In 2018, members of the Department of Homeland Security received information that Campbell had falsified his visa application and remained in the United States illegally in Rochester, NY. Subsequent investigation conducted by DHS and the Department of State, with cooperation from authorities in the United Kingdom, revealed that the defendant had been convicted of multiple drug trafficking charges in 2002 and 2007 in the United Kingdom, for which he served significant prison sentences. The convictions would have precluded Campbell from receiving a visa to enter the United States. 

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and remains in custody without bail. 

The criminal complaint is the result of an investigation by the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the U.S. Department of State, under the direction of Resident Agent-in-Charge Kenneth Haynes.

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 a civil forfeiture complaint has been filed against Dr. Muhammad A. Cheema, 45, of Pittsford, NY, to forfeit assets allegedly obtained through fraud and that were involved in money laundering.

According to Assistant U.S. Attorney Grace M. Carducci, who is handling the civil case, the complaint seeks the forfeiture of:

• $806,871.91 from three separate bank accounts held by the defendant; • A 2015 Audi A8; • A 2017 Mercedes Benz; and
• The defendant’s residence at 9 Bromsgrove Hill, in Pittsford, NY.

On July 30, 2018, Dr. Cheema, a licensed physician who provides psychiatric services at his private practice, Upstate Psychiatry in Pittsford, as well as at Rochester Regional Health, and various nursing homes, was charged by criminal complaint with health care fraud and making false statements relating to health care matters.

According to the criminal complaint, Dr. Cheema routinely billed health insurance providers the highest leve1 of evaluation and management services for new patient visits, and his medical notes were missing the documentation to support the level of evaluation and management services for his established patients. The defendant is also accused of routinely upcoding office visits of patients, improperly billing health care benefit programs for services that he did not provide, and, on more than one occasion, prescribing drugs to an undercover patient without performing an physical exam or psychotherapy.

In addition, Dr. Cheema, as alleged in the criminal complaint,  submitted a fraudulent certificate which purported to show him to be board certified in Psychiatry. In fact, the defendant was not board certified in Psychiatry, has never passed the ABPN certifying examination in Psychiatry or Neurology. The investigation determined that the document submitted by the defendant was fraudulent, and was generated on his desktop computer using a valid Certificate belonging to a psychiatrist in Arizona.

“As I stated at the time of the defendant’s arrest, our office is committed to ensuring that those who seek unjustly to enrich themselves by perpetrating frauds against the health care system are brought to justice,” said U.S. Attorney Kennedy. “While the criminal complaint holds Dr. Cheema criminally responsible for his actions, this civil complaint seeks to divest him of his ill-gotten gains.”  

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

If convicted of the criminal charges, Dr. Cheema faces a maximum penalty of 10 years in prison and a $250,000 fine.

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 Dolores Plumer, 39, of Orchard Park, NY, was charged by criminal complaint with possession with intent to distribute, and distribution of, cocaine. 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 according to the complaint, between June and July of 2017, the defendant on three occasions sold cocaine to an individual working with the Drug Enforcement Administration. On August 3, 2017, DEA special agents executed a search warrant at Plumer’s residence at 5125 Berg Road in Orchard Park and recovered digital scales with suspected cocaine residue and a box of plastic baggies for drug packaging.

The defendant made her initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.

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

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 Dr. David Blasczak, 69, of Newark, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to three counts of receiving child pornography. The charges carry a combined maximum penalty of 60 years in prison, and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the defendant was a physician at the Clyde Family Health Center in Clyde, NY. Between September 1, 2015, and January 18, 2018, Blasczak subscribed to a website from his home that offered child pornography for purchase. The defendant created an account and purchased images and videos of child pornography which were emailed to Blasczak. The images and videos depicted prepubescent children engaged in sexual conduct with adults and other children, as well as prepubescent children, infants, and toddlers subjected to sexual abuse. In total, the defendant received and/or possessed approximately 2557 images and 78 videos depicting child pornography. 

In addition to receiving images and videos of child pornography, as part of his plea agreement with the government, Blasczak also admitted to the following:

• Between approximately 1990 and 2000, Blasczak hosted slumber parties at his home which were attended by minor females between the ages of seven and 12. On several occasions, the defendant entered the room in which the minor females were sleeping, manipulated their clothing, and subjected them to sexual contact. This behavior typically consisted of Blasczak touching private areas of the minors’ bodies. The defendant also took photographs of the minors’ exposed private areas when he was able to remove their clothing. Blasczak engaged in as many as 40 different incidents of such sexual conduct involving approximately eight to 10 minor females.
• The defendant also stole children’s underwear from various places, including a friend’s house, for his sexual gratification. 
• In his position at the Clyde Family Health Center, Blasczak took nude photographs of the genitals of multiple minor female patients at his medical office. The defendant represented to parents that the photographs were needed for a “study,” which was neither sanctioned, funded, nor approved by any official medical body or learning institution. During a search of the defendant’s medical office, Homeland Security Special Agents discovered prepubescent child sex dolls, and novels that the defendant wrote concerning the sexual abuse of children.   
During the course of the investigation, Homeland Security Special Agents conducted interviews with close to 30 individuals who were exposed to some type of inappropriate conduct by the defendant.

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

Sentencing is scheduled for November 20, 2018, at 9:15 a.m. before Judge Siragusa.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Milton, Sr., 42, of Buffalo, NY, who was convicted of production of child pornography, was sentenced to serve 262 months in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney, Aaron J. Mango, who handled the case, stated that on August 14, 2015, the defendant coerced a 17 year-old minor (Victim 1) to engage in sexual intercourse and oral sexual activity inside a 2003 Chevrolet Tahoe vehicle that Milton owned at the time. The defendant produced visual depictions of the sexual activity using a cellular telephone. Those images were then stored on electronic storage devices. The investigation determined that Milton engaged in sexual contact with Victim 1 on various occasions between at least December 21, 2014, and November 6, 2015.

Milton was previously convicted of Rape in Erie County Court involving Victim 1 and another minor female, and he was sentenced to serve 25 years to life on that charge. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dakkar Young, 23, of Tonawanda, NY, who was convicted of distribution of child pornography, was sentenced to serve 168 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in May 2017, the defendant uploaded eight pictures containing child pornography onto a social networking site. In December 2017, a search warrant was executed at the Young’s home and various electronics were seized. A forensic examination of the defendant’s cell phone revealed images of child pornography as well as videos of Young sexually abusing a child under the age of 16. As part of the plea, the defendant admitted to producing child pornography of the child.

The sentencing is the result of an investigation by the New York State Police ICAC Task Force, under the direction of Major Edward Kennedy, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Donald J. Gardner, Jr., 42, of Lafayette, NY, who was convicted of possession of child pornography, was sentenced to serve 24 months in prison and five years of supervised release by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Douglas A. Penrose, who handled the case, stated that in late January 2014 to early February 2014, Gardner pretended to be a 10 to 12 year-old boy and used his Facebook account to solicit child pornography images from three 10 year-old girls in the Town of Niagara, NY. Knowing that the girls were 10 years-old, the defendant directed them to create and send him child pornography images. One of the 10 year-old girls did send Gardner child pornography images via Facebook.

The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the Direction of Special Agent-in- Charge Gary Loeffert, and the Niagara County Sheriff’s Department, under the direction of Sheriff James R. Voutour.

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Steven Zepp, 28, of Rochester, NY, who was convicted of importing a controlled substance from a foreign country, was sentenced to serve 20 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that in March of 2017, members of law enforcement intercepted several packages sent from Germany to 116 Frear Drive, in Rochester. The packages contained a substance believed to be 3, 4-Methylenedioxymethamphetamine, or MDMA, commonly known as ecstasy. Officers executed a search warrant at the Frear Drive location and seized multiple controlled substances, including additional quantities of MDMA, methamphetamine and marijuana. Officers arrested Zepp, who resided at the residence.    

The sentencing is a culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; and the New York State Police, under the direction of Major Eric Laughton. 

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 Stevens, 54, of Olean, NY, who was convicted of bank fraud and tax evasion, was sentenced to serve 33 months in federal prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $512,982.00 in restitution to the victim and the Internal Revenue Service.  

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that in August 2012, the defendant, a Certified Public Accountant (CPA), was hired by a business owner to handle all of the bookkeeping responsibilities for his business. Responsibilities included paying vendors, employee payroll, and personal and business tax return preparation. In order to perform the accounting duties, Stevens was given access to the business’ bank account information for the business owner’s two business accounts at a Five Star Bank branch in Warsaw, NY.

Beginning in early 2016, the defendant began to notify the business owner that the business was not doing well financially. For instance, a $30,000.00 line of credit at Five Star Bank was maxed out without authorization. When questioned about the line of credit, Stevens told the business owner that the business was not generating enough revenue. Also, sometime in 2016, the business owner received a letter from the Internal Revenue Service stating that his 2015 taxes had not been paid. When the business owner questioned the defendant, Stevens again stated that the business was not generating enough revenue.

In September 2016, the business owner realized that monthly statements for the Five Star Bank accounts were no longer being received at the business owner’s office. On March 24, 2017, the business owner went to the bank branch to review the business accounts activity.
Between August 2012 and April 2017, Stevens made approximately $342,700.00 in unauthorized electronic withdrawals from the business owner’s accounts to his personal accounts and forged approximately 39 checks, made payable to himself, in the amount of $87,800.

In addition, the defendant failed to file an income tax return for 2015 resulting in a loss of $53,296.00 to the IRS and also failed to file an income tax return for 2014 resulting in a tax loss of $29,186.00.

The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon of the Boston Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Arthur Jordan, 24, of Buffalo, NY, who was convicted of interstate communication of threat to injure, was sentenced to serve 27 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
  
Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that on July 6, 2016, the defendant used social media to threaten police officers. Specifically, using Facebook and the screenname “MacBmw Jordan” posted, “Let’s Start Killin Police Lets See How Dey Like It.” On July 14, 2016, the defendant possessed a loaded firearm while walking in the City of Buffalo.

On May 3, 2018, Jordan was sentenced to two-and-a-half years in prison in Erie County Court following his plea to Attempted Criminal Possession of a Weapon in the Second Degree.

“The many fine, courageous, and professional men and women of state and local law enforcement need to know that they have the support of the United States Attorney’s Office and the entire Department of Justice,” said U.S. Attorney Kennedy. “A threat to any one of them is a threat to our system of justice. Today’s sentencing shows just how committed this office is to preserving the rule of law and, with it, our system of justice.”

Today’s sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Newkirk, 34, of Buffalo NY, who was convicted of possession with intent to distribute, and distribution of, 10 grams or more of butyryl fentanyl, was sentenced to 60 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Meghan Tokash, who handled the case, stated that between June 25, 2015, and July 28, 2015, the defendant sold large volumes of heroin and butyryl fentanyl in the City of Buffalo.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Chase, 50, of Williamsville, NY, who was convicted of attempted receipt of child pornography, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that between March 10, 2017, and April 2, 2017, the defendant engaged in sexually explicit online conversations with an undercover law enforcement officer posing as a 15-year old girl.

Shortly after the conversation began, Chase asked the undercover officer “Well how old are you?” The undercover officer replied, “Well I’m almost 16.” After discovering the undercover officer was a minor, the defendant requested sexually explicit images and pictures. Chase then requested to meet the person he believed was a minor female to engage in sexual activity. On April 2, 2017, the defendant arrived at a retail store parking lot believing he was going to meet and have sexual intercourse with the minor. He was arrested. Chase brought with him condoms, sexual lubricant and a sexual toy.

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.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Brown, 43, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribute, 100 grams or more of heroin, was sentenced to serve 120 months in federal prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on November 17, 2016, law enforcement officers conducting a drug investigation arrested the defendant when he arrived at a pre-arraigned location to conduct a drug transaction. As Brown was being taken into custody, he dropped a bag of heroin. Subsequent investigation determined that the defendant had previously purchased 700 grams of heroin.

In January 2018, Brown pleaded guilty to Manslaughter in the 1st Degree in New York State Court and is awaiting sentencing on that conviction.

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, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief David Zack.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Clyde Morgan, aka Uber Legend, 49, of Wilmington, North Carolina, was charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, on July 18, 2018, Geneseo Police Officer Dylan DiPasquale was on routine patrol when he observed a white SUV on State Highway 63 commit various violations of the New York State Vehicle and Traffic Law.

The officer initiated a traffic stop and approached the vehicle, but could not see inside because of its dark tinted windows. As Officer DiPasquale approached, the defendant exited the vehicle through the driver's side door. The officer observed a black, sub-compact pistol in Morgan’s right hand and gave commands to the defendant who raised the handgun and pointed it at Officer DiPasquale. According to Officer DiPasquale, the defendant then went around the front of the vehicle, while a woman, who was outside the passenger side of the SUV, pointed what appeared to be a handgun at him. At this point, the officer fired one round from his service pistol. Moments later, a SUNY Geneseo Police Officer arrived and they observed the woman exiting a nearby cornfield, saying "I don't have a gun." The woman, identified as Sandra Nadine Brown, was then taken into custody.

On July 18 and 19, 2018, Sandra Nadine Brown was interviewed by investigators with the Livingston County Sheriff's Office. Brown told investigators that she had known David Clyde Morgan for about two years, and had been in a relationship with him for about six months. Brown also indicated that she was aware the defendant was on federal parole but did not know why. According to Brown, on July 11, 2018, the New Hanover County Sheriff's Office executed "a raid" on Morgan’s house in Wilmington, North Carolina and recovered three pounds of marijuana from the residence. According to Brown, she and Morgan decided to run from North Carolina adding that Morgan obtained a .22 black pistol in Myrtle Beach, South Carolina.

When they were pulled over by law enforcement in Geneseo, Brown told investigators that she and Morgan decided that Brown would point her cell phone at the officer and Morgan would point his handgun at the officer. Brown said their plan was to have law enforcement shoot at them and then run into the cornfield next to where they got pulled over. They would run through the field, meet up on the side of the road, and then go through the woods. While Brown was taken into custody, Morgan escaped.

In 2002, Morgan was convicted of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine and sentenced to serve 211 months in prison. As a result of that federal felony conviction, the defendant is legally prohibited from possessing a firearm.

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the U.S. Marshals Service, under the direction of Marshal Charles Salina; the Geneseo Police Department, under the direction of Chief Eric Osganian; and the Livingston County Sheriff’s Office, under the direction of Sheriff Thomas J. Dougherty.

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 Erick Arroyo-Cruz, 34, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm, before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on March 8, 2018, just one day after his release from prison on another offense, the defendant possessed a .22 caliber pistol which was loaded with eight rounds of ammunition. Cruz was traveling in a vehicle on North Clinton Avenue in Rochester when Rochester Police Officers stopped the car to execute an existing arrest warrant for the driver of the vehicle. The defendant, who was a passenger in the car, was searched and officers found the loaded pistol in his jacket pocket.

Cruz was released from prison on March 7, 2018, having previously been convicted  in state court of 1st degree knowingly possessing dangerous contraband in prison.

The plea 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, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for November 14, 2018, at 3:00 p.m. before Chief Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raymond Clark, 41, of East Amherst, NY, pleaded guilty to wire fraud and money laundering, before Chief U.S. District Judge Frank P. Geraci. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

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

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.

Sentencing is scheduled for November 15, 2018, at 11:00 a.m. before Chief Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Bayon, 63, of Grand Island, NY, who was previously charged by criminal complaint with interstate communication of a threat, is facing an additional charge of threatening two federal officials, after an amended complaint was filed today. The new charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both.

According to Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, the amended criminal complaint states that following the defendant’s arrest on August 1, 2018, law enforcement officers executed search warrants at Bayon’s Grand Island residence. Officers recovered approximately 150 rounds of 7.62 x 39 mm ammunition, 50 rounds of shotgun ammunition, and receipts for the purchase of an SKS rifle, which is a high-powered assault rifle, and a .38 caliber revolver.

In addition, officers recovered a number of books concerning the use of firearms and explosives, including:

• How to create foolproof new identity; • Ragnar’s homemade detonators; • Homemade C-4; • New & Improved C-4; • Middle Eastern Terrorist Bomb Designs; • Poor man’s TNT; • CIA field manual for explosives prep; • Disguise techniques; • How to circumvent security alarms; • Silent But Deadly: homemade silencers; • Hit Man: technical manual; • Expedient B&E: circumventing alarms; • Improvised radio detonation techniques; • Homemade Semtex; • Secrets of a Super Hacker; • How to make disposable silencers; and
• How to build practical firearm suppressors.

On June 30, 2018, two members of Congress, one from Louisiana and one from the State of Washington, received threatening voicemails which stated:

“Hey listen, this message is for you and the people that sent you there. You are taking ours, we are taking yours. Anytime, anywhere. We know where they are. We are not going to feed them sandwiches, we are going to feed them lead. Make no mistake you will pay. Ojo por ojo, diente por diente (This is Spanish for “an eye for an eye, a tooth for a tooth”). That is our law and we are the majority. Have a good day.”

U.S. Capitol Police were contacted and traced the calls to the defendant Carlos Bayon.

Bayon is being held pending a detention hearing.

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

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