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 Charlie P. Conant, 27, of Syracuse, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to attempted online enticement of a minor. The charge carries a minimum penalty of 10 years in prison and a maximum of life.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on February 27, 2018, an undercover New York State Police Investigator (UC) discovered a personal ad on a Syracuse, NY, website that appeared to be targeting minors for sex which was traced to the defendant. Posing as a 12-year-old female, the UC began communicating with Conant who asked for pictures. Communication between the UC and Conant continued via text message, as the defendant also asked for more pictures including naked photos.

On May 15, 2018, the defendant sent text messages to the UC indicating that he wanted to meet with the child in Seneca Falls, NY, for the purpose of having sex. On June 14, 2018, the defendant traveled to Seneca Falls to meet the UC while “the minor’s” grandmother was supposedly at work. After Conant arrived, he was arrested.  

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

Sentencing is scheduled for November 5, 2018, before Judge Siragusa.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Richard Wolfe, 60, of Rochester, NY, pleaded guilty to possession of child pornography before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine, or both. 

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in March 2016, a Canadian law enforcement agency executed a search warrant involving a mobile chatting application. Between April 2, 2016, and April 7, 2016, a user with the account name “rickyraz15” used the application to share 331 images of child pornography. The account was traced to the defendant in Rochester.

On October 31, 2017, HSI Buffalo executed a search warrant at Wolfe’s residence on Legran Road in Rochester. Special Agents seized a laptop, two digital cameras, a camcorder, a thumb drive, two SD cards, a cell phone, multiple CD’s, an external hard drive, and miscellaneous documents. During a search of the garage, agents discovered a desktop computer that appeared to have been destroyed by a sledge hammer. 

A lockbox was discovered in the closet of an upstairs bedroom. HSI gained entry to the lockbox and found approximately 80 CD’S and an external hard drive. A forensic preview of the external hard drive found several images and videos of child pornography. Some of the images depicted prepubescent minors engaged in sexual situations.

On October 31, 2017, HSI Buffalo executed a second federal search warrant for the defendant’s cell phone, which revealed that the phone had been reset to factory settings.

A forensic examination of the items seized from the defendant is currently pending, but to date, over 2030 images and videos containing child pornography have been recovered. 

Wolfe, a full-time truck driver, also works as a part-time professional photographer who has taken pictures of minors. 

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 14, 2018, at 2:00 p.m. before 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, was arrested and charged by criminal complaint with interstate communication of a threat. The charge carries a maximum penalty of five years in prison, a $250,000 fine, or both. 

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, on June 30, 2018, the Louisiana office of a United States Congressman (Congressman One) received a threatening voicemail. A congressional staff member reached out to the United States Capitol Police to report the threat. The voicemail 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.”

The call was traced to the defendant Carlos Bayon.

Also on June 30, 2018, the Washington State office of another United States Congressman (Congressman Two) received a threatening voicemail with the same message. That call as well was traced to the defendant.

“Though the government cannot force people to respect one another, the government can force people to respect the rule of law by prosecuting those who break it,” stated U.S. Attorney Kennedy. “If someone disagrees with a law, then the Constitution specifies the means to be pursued to have that law changed. Threats to lawmakers are not an acceptable means to accomplish that objective. Our country and our democracy are founded upon the principle of self-governance. Self-governance, however, is not the same as the unrestrained pursuit of self-interest—that is simply selfishness. These days it seems that too many people are willing to ignore their obligation to obey the laws as they are written. While disrespect for the rule of law can cost individuals, such as this defendant, their liberty, the cost to society can be even greater as it robs us of both the mores and means to be able to govern ourselves.”

“The Bureau and our federal partners continue to play key roles in combating violent crime and threats of violence in big cities and local communities,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “We treat every threat like it's real until we can prove otherwise. Freedom of speech does not include using words to intimidate others -- Constitutional protections do not extend to threatening phone calls.”

The 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.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Paul Kozlyuk, 32, of Brockport, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to aiding and abetting the unlawful transfer, possession, and use of identification documents, authentication features, and information. The charge carries a maximum penalty of 15 years in prison, and a fine of $250,000.  

Assistant U.S. Attorneys Kyle Rossi and Melissa Marangola, who are handling the case, stated that the defendant conspired with co-defendant Kyle Bertrand and others, to steal goods from various businesses. As part of the scheme, defendant Bertrand stole the identification of individuals residing in multiple states, including their names, Social Security Numbers, dates of birth, and credit card information. During the scheme, using the stolen identifications, Bertrand, at the request of Kozlyuk, made unlawful purchases of items for the defendant. Kozlyuk then paid Kyle Bertrand with Walmart money grams. Kozlyuk paid Bertrand a fraction of the actual market price of the stolen goods, and either kept the goods or sold them for a profit, through his former business, the Marketview Heights Garage.

Kozlyuk unlawfully obtained vehicle parts from various out-of-state venders, which he later sold to vendors. Kozlyuk also stole inventory from vendors in the Western District of New York. All told, Kozlyuk stole or attempted to steal a total of $144,688.35 in goods.

Kozlyuk was charged along with co-defendants Kyle Bertrand, Herbert Street, Michael Gerone, and Richard Lipke. All defendants have been convicted.  
The plea is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; the Rochester Police Department, under the direction of Chief Michael Ciminelli, and Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for October 25, 2018, 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 Eric Young, 45, Chancellor Smith, 22, both of Huntsville, Alabama, and Lance Parker, 41, of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with the 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 on July 20, 2018, deputies with the Erie County Sheriff’s Office Traffic Bureau conducted a commercial vehicle inspection stop of a tractor trailer tandem with Alabama plates that was headed eastbound on Interstate 90 near the Angola Service Center. Defendant Young was driving the tractor trailer with defendant Smith as a passenger. After the deputies became suspicious, Smith was instructed to drive to the Angola Service Center for further inspection.
During the inspection, deputies noted multiple violations including vehicle equipment and a lack of knowledge by the driver pertaining to certain equipment operation. Deputies also noted an irregular placement of the cargo in the trailer. Following the inspection, a K-9 was brought in and gave a positive indication for a narcotic odor on the cargo in the trailer and in the sleeper birth area of the tractor. Following the execution of a search warrant, no controlled substances were located.
Law enforcement officers continued to conduct an active investigation, including surveillance of the tractor trailer, as well as defendants Young and Smith. On July 25, 2018, the tractor trailer was observed parked in a bank parking lot on Slade Avenue in West Seneca, NY. Officers observed the defendants exit the vehicle and a short time later a black Ford pick-up truck arrived and parked next to the tractor trailer. Defendant Parker exited the pick-up truck and removed a large black bag from the covered cargo bed and carried it to the driver's side of the tractor trailer. Parker than returned to the pick-up truck carrying a second black bag, placed it in the covered cargo bed, and departed the area.
The pick-up truck was subsequently stopped by deputies on Interstate 190 in Buffalo. During the execution of a search warrant, officers recovered 17 individually packaged pressed powder bricks of cocaine. Parker was arrested at the scene.
Defendants Young and Smith were detained at the site of the tractor trailer. During a search warrant of the tractor trailer at that time, officers found 52 shrink-wrapped and taped bundles of currency, predominantly in $10,000 bundles, inside the black bag. In total, the bag contained $519,580. In addition, officers also located a hidden compartment in the rear wall of the sleeper area of the tractor trailer cab where they found another $145,000. Young and Smith were arrested at the scene.
Noting that “the defendants had been originally charged in New York State Court by the Erie County District Attorney’s Office,” U.S. Attorney Kennedy further indicated, “District Attorney Flynn and I regularly discuss cases and where they can best be prosecuted. By working cooperatively, our offices are able to maximize the impact of the prosecutions that we bring.”     
The defendants made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained.
The complaint is the result of an investigation by the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Fred Swan, Jr., 29, of Rochester, NY, pleaded guilty to Hobbs Act Robbery, Attempted Hobbs Act Robbery, and brandishing a firearm during a crime of violence before Chief U.S. District Judge Frank P. Geraci. The robbery charges carry a maximum penalty of 20 years in prison and a $250,000 fine. The firearms charge carries a mandatory minimum penalty of seven years in prison, which must be served consecutively to the sentence imposed on the robberies. 

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that the defendant robbed four establishments at gunpoint between February 11, 2017 and March 24, 2017:

o On February 11, 2017, the defendant robbed the China Star restaurant at 600 West Main Street in Rochester. Swan entered the store and pointed a handgun at a restaurant employee and demanded money. The defendant grabbed approximately $60 cash from the store employee’s hand and fled the restaurant on foot;

o On February 18, 2017, the defendant robbed Alice’s Market convenience store at 1477 South Avenue in Rochester. Swan entered the store, went up to the register, pointed a handgun at the store clerk, and demanded money. The clerk gave the defendant approximately $50 cash from the register. The defendant fled from the store and was driven away from the scene by another individual;

o On February 19, 2017, the defendant robbed the Mobil Quick Mart store at 1810 Mount Hope Avenue in Rochester. Swan entered the store and pointed a handgun at a store employee as he approached the counter and demanded money from the register.  The employee refused to give Swan money. The defendant walked around the counter and struck the employee in the head with the handgun, and the two of them fell to the floor fighting. Swan eventually fled the store without getting any money; and

o On March 24, 2017, the defendant robbed the Fast Mart Inc. store at the Valero gas station at 931 South Clinton Avenue in Rochester. Swan entered the store, pointed a handgun at the store clerk, and demanded money. The clerk handed over $280 cash from the register. The defendant then demanded two packs of cigarettes, which the clerk handed to him. Swan fled the store with the cash and cigarettes.

On March 24, 2017, law enforcement officers searched the defendant’s apartment at 229 Meigs Street in Rochester and they recovered the .40 caliber handgun that was used in the Alice’s Market robbery.

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 Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for November 5, 2018, at 11:00 p.m. before Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leitscha Poncedeleon, 28, of Rochester, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, before Chief U.S.  District Judge Frank P. Geraci. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. In addition, co-defendant Orlando Yelder, 36, also of Rochester, pleaded guilty possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and possession of a firearm in furtherance of drug trafficking. Those charges carry 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 between April 2017 and January 29, 2018, the defendants conspired with Carlos Javier Figueroa, Roberto Figueroa, Felix Figueroa, Obed Torres, Jonathan Cruz Carmona, Freddie Silva, and others, to distribute cocaine.

In furtherance of the conspiracy, on numerous occasions Poncedeleon communicated via telephone with Freddie Silva and other individuals in Puerto Rico to coordinate the shipment of cocaine from Puerto Rico to Rochester, via the United States Postal Service. Between September 9, 2017, and January 29, 2018, Poncedeleon and other conspirators coordinated at least 25 shipments of cocaine, each containing approximately two kilograms of cocaine. Poncedeleon and others sent money via the United States Postal Service and wire transfers from Rochester to Puerto Rico as payment for the cocaine. Poncedeleon also arranged for individuals in the Rochester area to receive the packages of cocaine. Once the packages arrived in Rochester, the individuals would contact Poncedeleon who would then notify co-conspirator Carlos Javier Figueroa.

Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others, maintained a residence located at 292 Barrington Street in Rochester for the purposes of storing, manufacturing, processing, and distributing cocaine. At that location, Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others regularly prepared and packaged cocaine for distribution. On January 29, 2018, law enforcement officers executed a search warrant at the residence and recovered approximately three kilograms of cocaine, $230,060 in cash, eight firearms, and numerous rounds of ammunition.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, Special Investigations, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.

Sentencing for Poncedeleon is scheduled for November 8, 2018, at 3:30 p.m. before Judge Geraci. Sentencing for Yelder is scheduled for October 19, 2018, at 11:00 a.m., also before Judge Geraci.

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

 ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Muhammad A. Cheema, 45, of Pittsford, NY, was charged by criminal complaint with health care fraud and making false statements relating to health care matters. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Dr. Cheema is a licensed physician who provides psychiatric services at his private practice, Upstate Psychiatry in Pittsford, NY, as well as at Rochester Regional Health, and various nursing homes. In addition to his private practice, Dr. Cheema was paid over $855,000 by multiple pharmaceutical companies for 341 promotional speaking engagements and 62 consulting opportunities between August 2013 and December 2016.
According to the complaint, the FBI began an investigation after learning from Excellus BlueCross BlueShield that the defendant routinely and systematically changed office visit billing codes, billed insurance companies for telephone appointments as office visits, and regularly had 30 or more patients on his daily schedule despite the fact that his daily private practice office hours were 11:00 a.m. to 5:00 p.m. A 2015 audit conducted by Excellus on eight patients during a six month time period revealed an overpayment of 54% to the defendant for services not rendered and upcoding of office visits. Dr. Cheema routinely billed 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.
Subsequent investigation by the FBI revealed that the defendant routinely upcoded office visits of patients, improperly billed health care benefit programs for services that he did not provided, and, on more than one occasion, prescribed drugs to an undercover patient without performing an physical exam or psychotherapy.
In addition, he defendant 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 FBI investigation determined that the document submitted by the defendant was fraudulent, and was generated on his desktop computer using a valid Certificate belonging a psychiatrist in Arizona.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and was released on conditions. Dr. Cheema is due back in court on September 25, 2018, at 9:30 a.m.
“These charges highlight our continued commitment 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.
“Investigations like the Cheema case highlight this crime problem,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “We are committed to rooting out fraud in health care to protect patients, their insurance companies, and the economy overall.”
New York State Financial Services Superintendent Maria T. Vullo said, “As regulator of New York’s insurance industry, DFS commends the Office of the U.S. Attorney for aggressively pursuing those who unlawfully enrich themselves at the expense of hard-working taxpayers, and looks forward to continuing our partnership to stamp out this kind of criminal activity.”
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Financial Services, under the direction of Superintendent Maria T. Vullo.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

 ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Joseph W. Peeples, III, 44, of Buffalo, NY, who was convicted following a jury trial of robbing the Chase Bank located at 1 South Clinton Avenue, Rochester, NY, was sentenced to 264 months in prison by Chief Judge Frank P. Geraci, Jr.
 
Assistant U.S. Attorneys Melissa M. Marangola and Katelyn Hartford, who handled the prosecution of the case, stated that on January 5, 2017, the defendant robbed the Chase Bank. Peeples was tracked by law enforcement to Binghamton, NY where he was arrested approximately 13 hours later. The defendant left approximately $43,000 in a bathroom at the Trailways Bus Station and $10,000 in a taxi cab. Upon Peeples arrest, law enforcement officers searched his hotel room and found $52,000.

The defendant had just been released from federal prison six days prior to robbing the Chase Bank for an unrelated bank robbery. During the trial, Peeples acted as his own attorney. A jury deliberated for under one hour and returned a verdict on March 30, 2018. 

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Rochester Police Department, under the direction of Police Chief Michael Ciminelli.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Deonte “Terry” Cooper, 23, Ricky Turner, 48, Argentis Albino Herrera, 24, Diones Bowens, 22,  Shane Shumaker, 31, Victoria Orlando, 36, Vicky Hoffstetter, 37, Koree Runyan, 24, and Jenna Ann Redding, 31, all of Ashtabula, Ohio, were arrested and charged by criminal complaint with conspiracy to traffic in firearms. The charge carries a maximum penalty of five years in prison, and a 250,000 fine.

Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the complaint, in November 2017, defendant Herrera purchased 29 firearms in Ashtabula, Ohio. On March 23, 2018, one of those firearms, a Glock pistol, was recovered in Buffalo, NY.

In April and May of 2018, some of the defendants purchased guns for Robert L. Williams, Jr., who resides in Buffalo and who himself has been previously charged with firearms trafficking. Those individuals include:

• Defendant Bowens; who purchased 12 firearms for Williams from Gun Brothers, in Eastlake, Ohio; • Defendant Shumaker; who purchased 14 firearms for Williams from Point Blank Range & Gun Shop, in Mentor, Ohio; • Defendant Orlando; who purchased 16 firearms for Williams from Excalibur Outdoors LLC, in Circleville, Ohio; • Defendant Hoffstetter; who purchased 11 firearms for Williams in Eastlake, Ohio; • Defendant Runyan; who purchased 10 firearms for Williams in Perry, Ohio; and
• Defendant Redding; who purchased eight firearms for Williams from MGA Arms, in Perry, Ohio.

All told, the defendants are accused of illegally purchasing a total of 100 firearms. 10 of those firearms have been recovered in Buffalo, and another firearm was recovered in Youngstown, Ohio. 

In connection with the purchase of these firearms, defendants Cooper, Turner, Herrera, Bowens, Shumaker, Orlando, Hofstetter, Runyan, and Redding falsely represented on an ATF Form 4473 that they were the actual purchaser of the firearm, when, in fact, the defendants purchased the firearms for Williams and Deonte Cooper.

Defendants Herrera, Runyan, Hoffstetter, Shumaker, Orlando, and Cooper were arraigned this morning before U.S. Magistrate Judge Michael J. Roemer. All defendants, except for Orlando, were released on conditions. Defendant Orlando is being held pending a detention hearing on August 6, 2018 at 9:30 a.m. 

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

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 Lawrence Russell, a/k/a Mucho, 41, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine and 28 grams or more of crack cocaine, and failure to appear after pre-trial release. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between January 2013 and January 23, 2015, the defendant conspired with others to distribute cocaine and crack cocaine.

On six occasions between May 2014 and January 2015, Russell personally, or with a co-defendant, sold quantities of cocaine and/or crack cocaine to an individual working with the FBI. Four of the six sales occurred at 165 14th Street in Buffalo, the defendant’s residence. Prior to these controlled purchases, the individual working with the FBI purchased cocaine and crack cocaine weekly from the defendant and a co-defendant for at least a full year between January 2013 and January 2014.

Russell was indicted by a federal grand jury on February 15, 2017. On March 3, 2017, the defendant was released on conditions, including electronic monitoring. On December 1, 2017, Russell cut his ankle monitor and fled after admitting to his United States Probation Officer that he had violated a no-alcohol condition of release. During that conversation, the Probation Officer directed the defendant to report to the United States Probation Office immediately but the defendant failed to comply. On January 9, 2018, Russell failed to appear for a scheduled change of plea hearing Judge Vilardo, and remained at large until May 23, 2018, when he was apprehended by the United States Marshals Service in North Carolina.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the U.S. Probation Department, under the direction of Anthony SanGiacomo, and the United States Marshals Service in North Carolina.

Sentencing is scheduled for November 29, 2018, at 9:30 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Isaac T. Kannah, 51, of Philadelphia, PA, who was convicted of misprision of a felony, was sentenced to time served and one year unsupervised release by U.S. District Judge David G. Larimer. In addition, the defendant has agreed to revocation of his asylee status and will voluntarily depart the United States following formal immigration proceedings. 

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, in May 2011, an Immigration Judge of the Executive Office of Immigration Review was conducting removal proceedings against George Boley, the former head of the Liberian Peace Council during the Liberian Civil War in the 1990s.  One of the issues material to the removal proceedings was whether the Liberian Peace Council was a warring or fighting faction during the war.  During the removal proceedings, Boley offered false and inaccurate testimony on this issue, asserting that the Liberian Peace Council was not a warring or fighting faction, in an effort to corruptly influence, obstruct and impede those proceedings, a felony in violation of Title 18, United States Code, Section 1505.

In May 2011, the defendant knew that Boley was offering false and inaccurate testimony in order to obstruct the removal proceedings. Despite this knowledge, the defendant failed to notify the relevant federal authorities (such as the Immigration Judge or federal law enforcement authorities) about the crime. In addition, Kannah also sought affirmatively to conceal the crime by failing to state that the Liberian Peace Council was in fact a warring faction during the Liberian Civil War despite being questioned on that issue during his testimony at Boley’s removal proceedings.

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

The United States Attorney’s Office was assisted in this investigation and prosecution by Brenda Sue Thornton, a Department of Justice Trial Attorney with the Counterterrorism Section, National Security 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 a federal jury convicted Michael Elder, 38, of Tonawanda, NY, of possession with intent to distribute 28 grams or more of crack cocaine, possession with intent to distribute fentanyl, butyryl fentanyl, and furanyl fentanyl, and maintaining a drug-involved premises. The convictions carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
 
Assistant U.S. Attorneys Brendan T. Cullinane and Seth T. Molisani, who handled the prosecution of the case, stated that on November 3, 2016, the United States Probation Department and the Drug Enforcement Administration searched the defendant’s residence at 143 Edgewood Avenue in Tonawanda. Officers recovered crack cocaine, fentanyl, drug presses, and other drug paraphernalia. At that time, Elder was on federal supervised release for a previous bank robbery conviction.
 
The verdict is the result of an investigation by the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
 
Sentencing is scheduled for October 31, 2018, at 12: 30 p.m. before U.S. District Court Judge Richard J. Arcara who presided over the trial of the case.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Guck,  43, of Victor, NY, pleaded guilty to conspiracy to commit wire fraud and filing a false tax return for the year 2012 before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Richard A. Resnick, who is assisting AUSA Craig R. Gestring in the prosecution, stated that in 2001, Guck, Craig Jerabeck, and Jeb Tyler started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester, NY, which offered utility and telecommunications services, health insurance, nutritional supplements and business services. 5LINX used independent representatives to sell products and services and to recruit additional representatives.  Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and Tyler was Vice President of 5LINX.

In June 2006 and July 2006, Guck, Tyler, and Jerabeck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors").  Guck admitted in the plea agreement that from in or about May 2010 to April 2016, 5LINX sold and distributed products for a Florida vendor.  Guck, along with Tyler and Jerabeck, and without the knowledge of the Investors, Board of Directors, or other stockholders, conspired and agreed to cause the Florida vendor to pay them personally or companies they owned approximately $2,310,510, which their Stockholders Agreements prohibited them from receiving.  5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders were entitled to and should have received such funds instead of defendant, Guck, and Tyler.

Assistant U.S. Attorney Resnick further stated that Guck solely owned YaYa Holdings Corporation. Guck provided material false information on YaYa Holdings, Inc.’s federal tax returns for the fiscal years ending July 31, 2012, and 2013, and failed to file corporate returns for the fiscal years ending July 31, 2014, and 2015. In addition, for fiscal years ending July 31, 2012, and 2013, Guck failed to report income the corporation received from 5LINX.  Also, for the fiscal years ending July 31, 2014, and 2015, the corporation had income that Guck should have reported on corporate tax returns for those years. The false returns and failure to file returns resulted in a tax loss of approximately $778,718.

As part of Guck’s plea, the defendant will forfeit various assets previously seized by the government, including approximately $105,000.

In September 2017, Guck, along with Craig Jerabeck and Jeb Tyler, were charged in a superseding indictment. Jerabeck and Tyler have were previously convicted and are awaiting sentencing.

Today’s plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, 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 October 16, 2018, at 2:00 p.m. 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 Edgar Joel Jimenez-Rodriguez, 38, of North Tonawanda, NY, was arrested and charged by criminal complaint with possession with intent 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 Patricia Astorga, who is handling the case, stated that according to the complaint, on July 19, 2018, at approximately 6:15 p.m., law enforcement officers were on surveillance in the vicinity White Haven and Baseline Roads on Grand Island, NY. At approximately 7:25 p.m., officers surveilled a car hauler, which contained several newer-looking Toyota vehicles, pull into the back parking lot of a Toyota car dealership on Alvin Road on Grand Island. The car hauler was also carrying an older-looking, black SUV later identified as a black Mercury Mariner bearing a Florida registration. Officers deemed this to be suspicious since Toyota does not manufacture or sell Mercury vehicles, and there was no Mercury dealer in the vicinity of the Toyota car dealership. 

Shortly thereafter, officers observed the defendant, driving a gray Honda Accord, enter the Toyota car dealership parking lot. The Honda Accord drove up to the car hauler while two men began to unload cars from the hauler. Jimenez-Rodriguez exited the vehicle for a time and watched as the vehicles were unloaded from the car hauler. Shortly after the black Mercury Mariner was unloaded, Jimenez-Rodriguez got into the car and left the parking lot.

At approximately 8:13 p.m., officers stopped the vehicle driven by the defendant. As officers performed a security sweep, they noticed clear plastic wrapping consistent with that of narcotics concealed underneath the rear cargo area of the black Mercury Mariner. A drug-detecting K-9 alerted to the rear cargo area. During a subsequent search of the vehicle, officers recovered approximately 30 kilograms of cocaine. 

“Illicit drugs ruin lives,” stated U.S. Attorney Kennedy. “The over 65 pounds of cocaine seized in this case had the potential to cause a great deal of misery and ruin a number of lives in our community. Fortunately, we were spared that fate by the dedicated federal, state, and local law enforcement officers, who work tirelessly each day to protect our community from the harm caused by illicit substances. My Office will continue to support those efforts by charging, to the full extent of the law, those offenders who seek to poison our community and ruin lives through the unlawful distribution of drugs.”

DEA Special Agent-in-Charge James J. Hunt stated, “The arrest of Edgar Jimenez-Rodriguez is an example of how surveillance and great police work can lead to taking 30 kilograms of cocaine off of the streets of Erie County, New York. I commend this collaborative law enforcement effort and thank all of those involved for stemming the tide of cocaine and millions of dollars of drug proceeds into our communities.”

New York State Police Superintendent George P. Beach II said, “This case speaks to the tremendous interagency coordination and cooperation necessary to get the seized cocaine off of our streets. These illegal drugs perpetuate a cycle of addiction and criminal behavior which in turn threatens the safety and security of our neighborhoods. I want to thank our members and law enforcement partners for their tenacious dedication to tracking illegal drugs and intercepting them at their source before they can be distributed on our streets.”

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on July 24, 2018, at 2:00 p.m.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Niagara Falls Police Department, under the direction of Commissioner Bryan DalPorto, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.

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 Orville Dixon, 53, of Rochester, NY, was charged by criminal complaint with wire fraud for scheming to defraud the Rochester School Modernization Program and the Rochester Joint Schools Construction Board. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the Rochester School Modernization Program (the Program) is a public-works project to renovate and improve various school facilities in the City of Rochester. The Program is overseen and directed by the Rochester Joint Schools Construction Board (the Board). The enabling legislation for the Program required that the Board implement a Diversity Plan for the benefit of persons deemed to be traditionally underrepresented in the construction field, specifically, minorities and women.

According to the complaint, the defendant Dixon, a minority male, was president and owner of Journee Construction. Dixon allowed contractors, who did not meet the requirements of the Diversity Plan, to use Journee Construction as a pass-through agency on Program contracts in exchange for a fee. For example: 

• On March 19, 2013, the defendant met with Witness A and told Witness A that he created Journee Construction to be used as a pass-through on certain jobs related to the Program. Dixon noted that, a business, identified as Contractor 1, had directed him to place Contractor 1’s employees on Journee’s payroll for this purpose. In subsequent recorded conversations, the defendant told Witness A that the scheme as an easy way to make money for just “pushing paper.” 

• In April and May 2013, Contractor 1 submitted a bid for work on the Program at School No. 5. Paperwork was submitted falsely representing that Contractor 1 planned to utilize Journee Construction as a Minority Business Enterprise subcontractor and supplier for approximately $1,300,000 of services. Both Dixon and Contractor 1 signed the paperwork falsely representing that the defendant agreed and intended to perform the described work. The defendant also falsely claimed to be a certified Minority Business Enterprise (MBE), as required by the Diversity Plan.

• In May 2013, a business, identified as Contractor 2, submitted a bid for work on the Program at School No. 28. In connection with that bid, paperwork was submitted falsely representing that Contractor 2 planned to utilize Journee Construction as a Small Business Enterprise (SBE) subcontractor for $160,000 in supplies. Both the defendant and Contractor 2 signed the paperwork even though Dixon did not have the ability to supply parts for Contractor 2’s requirements.

Dixon did not perform any of the work for Contractor 1 or Contractor 2, nor did he perform any economically useful function as required by the Program. Instead, the defendant simply lent his name to the transactions and illegally served as a “pass through” entity.  

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

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

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 Archie Phillips, 45, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 192 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between December 2012 and March 12, 2013, the defendant shipped kilogram bricks of cocaine from Houston, Texas to Buffalo, NY for distribution. Co-conspirators, including Beverly Fields, would then package cash proceeds from the cocaine distribution and ship the currency from the Buffalo area to the defendant in Houston. The defendant utilized a storage locker in Houston, to store some of the drug proceeds. In March 2013, DEA Special Agents found $284,980 in cash in plastic bags stored in the locker.

Beverly Fields was convicted and sentenced.

One of the defendant’s customers was Tyshawn Bradley, who was convicted of multiple charges including conspiracy to distribute 280 grams or more of crack cocaine within 1000 feet of the Perry Housing Projects.

Today’s sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation; under the direction of Special Agent-in-Charge Gary Loeffert; and the United States Marshals Service, under the direction of Marshal Charles Salina.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ziyaya Mtola, 44, of Capetown, South Africa, who was convicted following a jury trial of assaulting a federal officer and destroying government property, was sentenced to serve 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. Following the completion of his sentence, the defendant will be deported to South Africa.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the prosecution of the case, stated that, on May 14, 2017, the defendant threw feces in the face and on the body of a female corrections officer at the Buffalo Federal Detention Facility in Batavia, NY. After this incident, and continuing over the following 10 days, Mtola destroyed two sprinkler systems in the detention facility, smeared feces on a cell door, and destroyed a cell window.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Schuele Boys Gang member Antwon Steward, a/k/a Stacks, 35, of Buffalo, NY, who was convicted of conspiracy to distribute 500 grams or more of cocaine, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Steward participated in a cocaine distribution operation with co-defendant Michael Robertson, a/k/a Bones. The defendant cooked powder cocaine into “crack” for Robertson. Steward and Robertson also shared supplies of cocaine, locations for storing and selling cocaine, and customers. The investigation utilized court-ordered interceptions of wire and electronic communications between Robertson, the defendant, and customers. Robertson was previously convicted and sentenced to 97 months in prison. 

Steward was one of 28 Schuele Boys Gang members, associates and other individuals arrested and convicted in this case. The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, was responsible for multiple acts of violence, including murder, and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jack Wood, 47, of Buffalo, NY, pleaded guilty to RICO conspiracy before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that the defendant was a Kingsmen Motorcycle Club (KMC) member, and served as the Sergeant at Arms of the Arcade KMC Chapter. KMC members and associates used and distributed marijuana, cocaine, methamphetamine, and other controlled substances at the Delevan/Arcade KMC Chapter Clubhouse. KMC members, including Wood, maintained access to firearms on their person and inside KMC Chapter Clubhouses, including the Delevan/Arcade KMC Chapter Clubhouse.

On August 3, 2013, KMC Nomads used the defendant’s van without his knowledge to drive from Wood’s house in Delevan, NY to Springville, NY, to conduct a drive-by shooting. In 2015, when the defendant was questioned about the shooting, Wood made evasive and misleading statements. When the defendant was subpoenaed to testify before a federal grand jury, Wood once again made evasive, incomplete, and misleading statements in an effort to prevent apprehension of those responsible. There were no injuries as a result of the shots fired.

Wood is one of 20 KMC members and associates charged in this case. To date, 18 have been convicted, including National President David Pirk, who was recently convicted following a four-month jury trial. Charges remain pending against two other defendants. The fact that the defendants have been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for October 24, 2018, at 1:00 p.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 Thomas Williams, 57, of California City, California, pleaded guilty before U.S. Magistrate Judge Marian W. Payson to narcotics conspiracy and distribution of more than 50 grams of methamphetamine. The charges carry mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between January 2017 and June 27, 2017, the defendant conspired with Julie Cota, and others to distribute methamphetamine. Williams worked with Cota to ship crystal methamphetamine from California to co-conspirators in Dansville, NY. The defendants sent crystal methamphetamine via a shipping company in exchange for money. Williams and Cota sold the crystal methamphetamine for $1,000 an ounce to a co-defendant in Dansville who then distributed the crystal methamphetamine to customers in the Western District of New York.

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 Richard Allen.  

Sentencing is scheduled for October 17, 2018, at 2:00 p.m. before U.S. District Judge David G. Larimer.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Glen Stacharczyck, 53, of Buffalo, NY, pleaded guilty to RICO conspiracy, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that the defendant was a member of the North Tonawanda Chapter and the South Buffalo Chapter of the Kingsmen Motorcycle Club (KMC).

KMC members and associates used and distributed marijuana, cocaine, methamphetamine, and other controlled substances at the North Tonawanda and South Buffalo KMC Chapter Clubhouses. KMC members were also involved in firearm sales. The defendant also possessed firearms.

Stacharczyck is one of 20 KMC members and associates charged in this case. To date, 16 have been convicted, including National President David Pirk, who was recently convicted following a four-month jury trial. Charges remain pending against five other defendants. The fact that the defendants have been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for December 12, 2018, at 10:00 a.m. 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 Joseph C. Paternostro, 28, of Hamburg, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. 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 fine of $10,000,000.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between July 2016 and May 2, 2017, the defendant regularly purchased cocaine from a source of supply in Dunkirk, NY on a weekly basis for resale to local customers. On February 9, 2017, and February 16, 2017, the Drug Enforcement Administration conducted two undercover purchases of cocaine from Paternostro.

On November 16, 2017, law enforcement officers surveilled the defendant’s vehicle and conducted a probable cause traffic stop. Officers recovered cocaine from Paternostro’s pocket. Officers also executed a New York State search warrant at the defendant’s residence on Lake Heights in Hamburg. During the search, a quantity of cocaine was seized, as well as a drug scale with cocaine residue, and drug packaging material.

The plea 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; the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Joseph Geraci; and the Evans Police Department, under the direction of Chief Douglas Czora.

Sentencing is scheduled for October 18, 2018, at 2:30 p.m. before 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 David Hunter, 22, of Buffalo, NY, who was convicted of being a felon in possession of firearms, was sentenced to serve 27 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between March 3, 2017, and March 12, 2017, the defendant posted images to “Snap Chat” depicting himself in possession of a Hi-Point, model JH-45 semi-automatic firearm.

On April 1, 2017, New York State Parole Officers, assisted by members of the Buffalo Police Department, searched Hunter’s residence, recovered a Hi-Point, model CF380, .380 caliber semi-automatic firearm, and arrested the defendant.

The defendant was previously convicted in state court of Criminal Possession of a Weapon in February 2014 and is legally prohibited from possessing a firearm.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; New York State Parole, under the direction of Acting Commissioner Anthony J. Annucci; and the Erie County District Attorney’s Office, under the direction of John Flynn.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Andrew Garner, 37, of Jamestown, N.Y., of conspiracy to possess with the intent to distribute cocaine. The charge carries a maximum penalty of 30 years in prison. 

Assistant U.S. Attorneys Joel L. Violanti and Emmanuel O. Ulubiyo, who handled the prosecution of the case, stated that between April and September 2016, the defendant conspired with others to distribute cocaine in the Jamestown area.

The verdict is the result of an investigation by the the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division; the Jamestown Police Department, under the direction of Chief Harry Snellings; and the Ellicott Police Department, under the direction of Chief William L. Ohnmeiss Jr.

Sentencing will be scheduled at a later date before U.S. District Judge Lawrence J. Vilardo, 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 Thomas Cascio, 52, of Cheektowaga, NY, who was convicted following a jury trial of bank robbery, was sentenced to serve 180 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Paul C. Parisi, who handled the trial of the case, stated that on March 6, 2017, at approximately 1:09 p.m., Cascio entered the Key Bank at 5200 Main Street in Amherst, NY. Wearing a hard hat, safety vest, and eye protection goggles, the defendant approached a teller and passed a bank robbery note. The teller only recalled reading the word “Robbery” at the top of the note before the individual took the note back and told her to “Hurry up!” and “Don’t give me funny money!” The teller gave money to Cascio who then departed the bank. Witnesses described the defendant as having a distinctive nose and gray hair. 

The Amherst Police Department issued a high quality bank robbery surveillance photo to local media stations which aired the photo on the evening of March 6, 2017, asking for public assistance. On March 7, 2017, eight people contacted either the Amherst Police Department or FBI identifying the robber as Thomas Cascio. In addition, there were numerous anonymous calls to the Amherst Police Department that identified Cascio as the bank robber.

In 2000, the defendant was convicted in federal court of four bank robberies and sentenced to 48 months in prison. In some of those robberies, Cascio’s movements were similar to his movements on May 6, 2017, including taking the note back from the teller before leaving the bank.

In 2009, Cascio was convicted in state court of one bank robberies and served two years in prison.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Amherst Police Department, under the direction of Chief John Askey; the Cheektowaga Police Department, under the direction of Chief David Zack; and 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 Dennis Bernhard, 56, of Derby, N.Y., who was convicted of bribery, was sentenced to time served, and one year supervised release, to include three months home confinement by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorneys Wei Xiang and Jeremy V. Murray, who handled the case, stated that Bernhard was a mail carrier for the United States Postal Service for 16 years, working out of the Eastside Station Post Office for the last 10 years. The Eastside Station covers the east side of the City of Buffalo. The investigation began when law enforcement officials learned that Bernhard had previously been paid by drug dealers to provide addresses of unsuspecting citizens in the City of Buffalo in order to mail boxes of narcotics. These addresses were within the defendant’s mail delivery route, so that when the boxes arrived in Buffalo, Bernhard did not deliver the boxes to the listed recipient address, but held on to the boxes and handed them directly to the drug dealers in exchange for cash payments.

When police approached Bernhard during an undercover operation in 2015, the defendant indicated he was willing to continue the scheme. During one transaction, Bernhard even said that one of the prior drug dealers “treated me pretty good. . . . at the end he was giving me like a hundred. . . .” (referring to $100 per box).

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert, the United States Postal Inspection Service, under the direction of Acting Inspector in Charge Raymond Moss, the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office, Philadelphia, PA, 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, Jr. announced today that Derron Gordon, 41, of Buffalo, N.Y., who was convicted of conspiracy to distribute 100 kilograms or more of marijuana, was sentenced to serve 70 months in prison by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorneys Wei Xiang and Jeremy V. Murray, who handled the case, stated that during the conspiracy, the defendant coordinated the receipt in Buffalo of marijuana shipments from sources in the State of California, he coordinated the payment for the marijuana shipments through structured deposits of U.S. currency into bank accounts at branches in the Western District of New York and elsewhere, and Gordon coordinated the distribution of marijuana in the City of Buffalo.

Bulk quantities of marijuana intended for sale was typically sent through the U.S. Postal Service. On average, up to 15 boxes, each containing approximately 10 pounds of marijuana would be shipped as frequently as two times per week. The shipments were typically mailed with fictitious sender and recipient names, but to real recipient locations that the defendant and his Buffalo co-conspirators provided to their California co-conspirators.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, the Amherst Police Department, under the direction of Chief John Askey; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the United States Postal Inspection Service, under the direction of Acting Inspector in Charge Raymond Moss.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Schuele Boys Gang member Letorrance Travis, 30, of Buffalo, NY, who was convicted of racketeering conspiracy and conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 120 months in federal prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Wei Xiang and Paul C. Parisi, who are handling the case, stated that beginning in 2010, and continuing until February 24, 2015, the defendant conspired with other Schuele Boys Gang members and associates to sell illegal narcotics.  The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.

Travis met with, obtained cocaine shipments from, and delivered cocaine payments to representatives and couriers of co-defendant Julio Contreras, who was a main drug supplier for the Schuele Boys. On November 6, 2011, law enforcement agents arrested Travis and two representatives/couriers of Contreras. Agents recovered approximately 24 kilograms of cocaine that had been delivered to or were destined for the Schuele Boys enterprise. Agents also seized approximately $170,000 in U.S. currency that were proceeds of the Schuele Boys cocaine trafficking.

Co-defendant Roderick Arrington was sentenced to serve life in prison for the murder of Quincy Balance in August 2012. Co-defendant Marcel Worthy was sentenced to serve 20 years in prison for the murder of Kevin Gray in December 2006. Co-defendants Aaron Hicks and Julio Contreras are awaiting sentencing.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Carr, 25, of Niagara Falls, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on July 28, 2017, Niagara County Probation Officers performed a home visit for a woman living at 1224 Niagara Avenue, Upper Apartment, in Niagara Falls. As they entered the residence, officers observed the defendant, the probationer's boyfriend, in the bedroom of the apartment. Carr attempted to leave the apartment, telling officers he needed to go and get his children who were in the lower apartment. An officer accompanied the defendant, who was holding a blue jacket in his hand, to the lower apartment. Carr knocked on the door and handed the blue jacket to the occupant of the lower apartment. The officer witnessed the occupant of the lower apartment take the blue jacket down a hallway and place it on a staircase. When the officer asked the occupant of the lower apartment for the blue jacket, they denied having it. The occupant eventually turned it over. The officer discovered a .380 caliber pistol in the right inside pocket of the jacket.

Carr has a previous felony conviction in Niagara County Court and is legally prohibited from possessing a firearm. At the time of his arrest, the defendant was on the list of top offenders in Niagara County.

The sentencing is the result of an investigation by the Niagara County Probation Office, under the direction of Director John Cicchetti; the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto; and the Bureau of Alcohol, Tobacco. Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, 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 Jason Williams, 44, of Kenmore, NY, pleaded guilty to RICO conspiracy before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that the defendant, a/k/a Toop, was a member of the North Tonawanda Chapter and the West Side of Buffalo Chapter of the Kingsmen Motorcycle Club (KMC) between 2009 and 2016. Williams served in various capacities, including as the Vice President of the North Tonawanda Chapter.

KMC members and associates used marijuana, cocaine, methamphetamine, and other controlled substances at the North Tonawanda and West Side of Buffalo KMC Chapter Clubhouses. At times, Williams obtained and supplied quantities of marijuana and cocaine to KMC members, and used and distributed cocaine and marijuana. The defendant used telephones and Facebook messaging to arrange drug transactions. KMC members also possessed, maintained, and sold firearms.

Williams is one of 20 KMC members and associates charged in this case. To date, 15 have been convicted, including National President David Pirk, who was recently convicted following a four month jury trial. Charges remain pending against five other defendants. The fact that the defendants have been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for October 24, 2018 at 4:00 p.m. 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 Calvin Elston, Jr., 41, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl, before U.S. District Judge Richard J. Arcara. 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 July 2013 and May 2015, the defendant conspired with co-defendants Brandon Coburn, Jennifer L. Courton, Rodney Courton, John Davis, Jessica Howard, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, to distribute fentanyl, oxymorphone, oxycodone, and amphetamines, Schedule II controlled substances.

Over the course of the conspiracy, Elston obtained prescriptions in his own name, and in the names of others, from co-defendant Brandon Coburn, a nurse practitioner. Neither he, nor the others, ever saw Coburn for treatment. The defendant and co-defendant, Jennifer L. Courton, would then recruit various individuals who would agree to go to pharmacies to submit prescriptions. These individuals, including Rodney Courton, John Davis, Jessica Howard, Samuel Nappo, Tashaira Vazquez, Terrance Williams, Johanna Sanchez-Rodriquez, Luis Diaz, and others, would be paid money for their services. Coburn would also be paid for writing each prescription.

In total, from July 2013 to May 2015, 253 prescriptions were issued by co-defendant Coburn without any legitimate medical purpose.
A total of 10 defendants have been convicted in this case.

Today’s plea 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.

Sentencing is scheduled for October 22, 2018 at 12:30 p.m. before Judge Arcara.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Edwin Colon, 24, of Buffalo, NY, was arrested and charged with possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum sentenced of five years in prison, a maximum of life, and a $1,000,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, on March 19, 2018, the Erie County Sheriff’s Office executed a search warrant at the defendant’s residence at 187 Hickory Street in Buffalo. Deputies recovered a .40 caliber semi-automatic pistol, 42 rounds of ammunition, and a quantity of cocaine.   
     
The defendant appeared before U.S. Magistrate Judge Michael J. Roemer for a detention hearing this morning and was released on conditions.

The complaint is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
 
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

Investigators Looking for Help from the Public
                           
BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Russell Ruth, 34, of Lyons, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.   

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, in early March 2018, Yahoo! reported to the National Center for Missing and Exploited Children (NCMEC) that a subscriber uploaded five suspected child pornography files to a Yahoo! server. NCMEC contacted law enforcement officers who traced the files to an email address belonging to the defendant.

On June 7, 2018, the New York State Police executed the search warrant at Ruth’s Ditton Street residence in Lyons. A forensic examination of the defendant’s laptop computer and cellular telephone recovered hundreds of images and videos of child pornography involving minor boys.   

The defendant was employed by the Boy Scouts of America in the Ovid, NY area.

Members of the public who have information related to this case are urged to contact the local HSI Buffalo Office at 716-464-5949. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources. If any members of the public have general questions or concerns regarding sexual abuse of children or would like guidance on how to discuss this issue with children, please call the Bivona Child Advocacy Center at 1-585-935-7800. 

Ruth made an initial appearance today before U.S. District Judge Jonathan W. Feldman and is being held pending a detention hearing on July 11, 2018, at 2:30 p.m.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Sasiadek, 64, of Buffalo, NY, pleaded guilty to production of child pornography before U.S. District Judge Elizabeth Wolford.  The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a fine of $250,000.

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

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

Sentencing is scheduled for October 24, 2018, at 2:30 p.m. 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 a James A. MacCallum, 46, of Bemus Point, NY, who was convicted of mail fraud, was sentenced to serve 84 months in federal prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $2,036,397 in restitution. 

Assistant U.S. Attorney Michael DiGiacomo, who handled the prosecution of the case, stated between January 2008 and December 2010, the defendant, a practicing attorney at the time, devised a scheme to defraud investors out of over $2,000,000. As part of the scheme, MacCallum encouraged some victims to liquidate other investments in order to benefit from his false and fraudulent higher rates of return. The defendant claimed that his investments were secured by real estate and life insurance policies. However, the Government’s evidence demonstrated that the defendant was using victim investments to pay back earlier investors and to pay personal and other expenses such as personal travel and office expenses. MacCallum received over $2,000,000 from victim investors.

The sentencing is the result of investigation by 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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Margaret M. Tobin, 46, of Rochester, NY, pleaded guilty before U.S. Magistrate Judge Jonathan W. Feldman to possession of an unlawful identification document of the United States. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in September 2016, the defendant, owner of M Design, was hired as a subcontractor for a state funded construction project in Rochester. In order for the City of Rochester to obtain state funding for the project, each employee working on the project was required to complete an Occupational and Safety Health Administration (OSHA) training course before performing any work on the contract. Between September 2016 and November 2016, Tobin provided her employees working on the project with fraudulent OSHA training certification cards.  The fraudulent cards contained the employees’ names and registration numbers as if they had been lawfully issued by OSHA. The cards were then submitted to the City of Rochester in order for the defendant and her employees to receive payment for their services.  However, the employees never actually received the OSHA training as represented on the fraudulent cards.

The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Peter Nozka, Acting Special Agent-in-Charge of the New York Region.

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

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Raymel Weeden, 25, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to discharge of a firearm causing death. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a $250,000 fine. 

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that on February 9, 2012, the defendant, a Bailey Boys Gang associate, along with Bailey Boys Gang member Rayshod Washington, attempted to rob Fred Rozier of drugs and money. During the course of the attempted robbery, when Fred Rozier resisted the robbery attempt, Weeden shot and killed Rozier.

The Bailey Boys Gang is a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street.

Rayshod Washington was previously convicted.

Today’s plea is the result of an ongoing investigation on the part of the U.S. Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; the Buffalo Police Department, under direction of Police Commissioner Byron Lockwood; the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Special Agent-in-Charge Gary Loeffert; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan Benedict, New York Field Division.

Sentencing is scheduled for October 10, 2018 at 9:00 a.m. before Judge Skretny.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Todd Sinclair, 50, of Cape Creek, AZ, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to being an unlawful user of a controlled substance 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 Richard A. Resnick, who is handling the case stated that between November 1, 2015, and January 8, 2016, the defendant was unlawfully using heroin. During that time, Sinclair possessed a Glock handgun.

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

Sentencing is scheduled for October 12, 2018, at 11:00 a.m. 

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Marcel Worthy, aka Cheese, 32, of Buffalo, NY, who was convicted of racketeering conspiracy involving five kilograms or more of cocaine and murder, and conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced by U.S. District Judge Richard J. Arcara to serve 240 months in federal prison.

Assistant U.S. Attorneys Wei Xiang and Paul Parisi, who handled the case, stated that on December 17, 2006, Worthy and an associate were involved in a confrontation with a group of individuals at a gas station at Grider Street and East Delavan Avenue in Buffalo.  As the individuals walked away, the defendant drove after them. Seeing the individuals in the vicinity of 82 Durham Avenue, Worthy stopped his vehicle and his associate shot and killed Kevin Gray. In addition to participating in the murder of Kevin Gray, the defendant also sold marijuana.

The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, was responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana. The Schuele Boys Gang was also responsible for the murder of Quincy Balance in August 2012.

Worthy is one of 28 Schuele Boys Gang members and associates arrested and convicted in this case.

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

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Michael Beers, 68, of Rochester, NY, who was convicted of making a false statement to an FBI special agent, was sentenced to serve 60 months in federal prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in February 2017, the FBI conducted a child pornography investigation during which an undercover agent downloaded four videos of child pornography directly from a device using an IP address belonging to the defendant at his residence on Lake Avenue in Rochester.

On March 10, 2017, the FBI executed a search warrant at Beers’ residence. Agents located a computer which contained file titles consistent with child pornography. The defendant was questioned regarding his use of the computer, at which point Beers willfully made materially false statements to FBI Agents. Specifically, the defendant denied having access to or using the computer, denied knowing the password for the computer, and denied that child pornography had been accessed, inadvertently or otherwise, on the computer. In reality, the defendant used the computer, personally set the password for computer, and had seen child pornography on the computer.

The sentencing is the culmination of an investigation on the part of 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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Justin Potts, 36, of Rochester, NY, was charged by criminal complaint with unauthorized access of a protected computer. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, in March 2017, the Rochester Police Department alerted the FBI’S Cyber Task Force about the defendant who had been arrested for using his mobile phone to take pictures of women in various stages of undress at multiple tanning salons in Rochester.

Subsequent investigation determined that Potts’s computer storage devices contained approximately 450 computer files which contained indications that the defendant gained unauthorized access into various women’s password protected digital accounts.

Potts conducted a multi-year, multi-state, campaign to access the online accounts primarily associated with young women. Once the defendant successfully gained access to a victim’s online account, he would routinely continue accessing additional accounts for the same victim. Potts appeared to target university and personal email accounts, Facebook accounts, Apple iCloud accounts, and online password managers. An examination of one of the defendant’s hard drives found many files that contained nude or partially nude or revealing images of some of the young women whose accounts he hacked. Investigators also found nude images of celebrities, images believed to be downloaded from file sharing sites.

Investigators believe 150 victims were targeted as a result of the computer intrusion scheme orchestrated by Potts.

The defendant made an initial appearance on June 28, 2018, before U.S. Magistrate Judge Marian W. Payson and is being detained.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Devaughn Salazar, a/k/a “Snake,” 41, of Elmira, NY, who was convicted following a jury trial of knowingly possessing with intent to distribute and distributing cocaine, possessing a firearm in furtherance of a drug trafficking offense, and being a felon in possession of a firearm, was sentenced to serve 80 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Sean Eldridge and Charles Moynihan, who handled the prosecution of the case, stated that on October 21, 2012, members of the Elmira Police Department recovered a Taurus .40 caliber pistol during a robbery investigation. Further investigation revealed that, in June of 2012, the owner of the handgun reported it stolen to the Addison Police Department. Agents from the Bureau of Alcohol Tobacco, Firearms and Explosives followed up and determined that the defendant acquired the handgun from Kevin Krowiak, the person who stole it, by trading cocaine for the gun. After acquiring the gun but prior to its recovery by the Elmira Police Department, defendant sold the gun to a third person.

The defendant, having been previously convicted on May 6, 2009, in Steuben County Court of a felony offense, was legally prohibited from possessing any firearm.  

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent-in-Charge, Ashan Benedict; as well as members of the Elmira Police Department, under the direction of Chief Joseph Kane.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Robert Hall, 42, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to serve 87 months in federal prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on May 13, 2016, law enforcement officers seized three packages containing cocaine that were shipped from Texas to Buffalo to various recipients. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set-up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo. The three packages contained a total of five kilograms of cocaine. Hall paid the recipients of the packages in money or crack cocaine so they would receive the packages for Hall and co-defendant Clarence Adams.

Adams was previously convicted and sentenced to serve 250 months in federal prison.

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 Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; 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 Paul Krieger, Ray Chrostowski, and Nicholas Birdwell, all of Buffalo, NY, were arrested and charged by criminal complaint with breaking into a railcar to commit larceny, and conspiracy to break into a railcar to commit larceny. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the complaint, in April 2018, the FBI was alerted to thefts being committed on CSX rail line property from multiple sources. According to CSX officials, the thefts had been taking place in Buffalo, on CSX property, since approximately 2000.

The defendants were believed to be surveying the CSX rail lines from a high ground position in the vicinity of Broadway Street and Bailey Avenue. When a train stopped in the Buffalo railyard to re-crew, the defendants headed to the area, mounted the train, opened a railcar, and removed packages for resale or personal use. On at least 15 separate occasions since May 2018, 2-4 individuals have been observed on video surveillance stealing items from CSX trains in a similar manner.

On June 26, 2018, at approximately 7:21 p.m., defendants Krieger and Chrostowski were observed mounting a train while defendant Birdwell remained on the ground next to train. The locks on a railcar were cut and a large package was downloaded to Birdwell who put the package in nearby bushes. As Krieger and Chrostowski were getting ready to cut the locks on another railcar, Birdwell was taken into custody. Krieger and Chrostowski attempted to flee on foot but were apprehended after a brief foot chase with law enforcement.

Some of the items recovered at the scene included bolt cutters, a portion of the wire seal believed to be from a railcar, a pipe with a sharp edge which could aid in breaking the seals on trains, numerous packages hidden in bushes, believed to be items from thefts on dates prior to June 26, 2018, and the large package that was observed being taken off the train that evening.

During the execution of a search warrant at a residence on June 27, 2018, a number cases of bourbon, believed to have been previously stolen from a railcar, were seized.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the CSX Police, under the direction of Chief Sean Douris; the West Seneca Police Department, under the direction of Chief Daniel Denz; 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 former New York State Senator Marc Panepinto, 53, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to promise of employment, compensation, or other benefit for political activity. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that the defendant served as the New York State Senator for the 60th Senate District between January 1, 2015, and December 31, 2016. In that position, Panepinto employed a young woman as a staff member in his district office.

On January 7, 2016, the defendant and the staff member traveled together to New York City to attend a fundraiser for Panepinto. Following the event, the staff member took possession of the donations from the fundraiser. Later that evening, the defendant suggested that he and the staff member go to her hotel room to count the donations together.

While in the staff member’s hotel room, Panepinto made a series of unwanted, verbal, and physical sexual advances which were rebuffed by the staff member. The defendant eventually complied with the staff member’s request that he leave, although he did return to the staffer member’s hotel room during the early morning hours in an unsuccessful attempt to get back into her hotel room. The following morning, Panepinto and the staff member returned to Buffalo together. However, the two did not discuss the events that took place the night before.

Upset by what occurred in her hotel room, the staff member subsequently resigned from her position in Panepinto’s district office. Following her resignation, the New York State Senate conducted an investigation into what had occurred, and, as a result of the investigation, referred the matter to the New York State Joint Commission on Public Ethics (JCOPE) for further investigation.

The defendant was concerned that the JCOPE investigation would jeopardize his 2016 campaign for re-election. As a result, Panepinto directed a senior staff member to meet with the staff member and offer her money and/or new employment if she refused to participate in the JCOPE investigation. It was suggested that the new employment would be political in nature and funded in whole or in part by an Act of Congress. The meeting took place on March 7, 2016, at which time the staff member did not accept or refuse the offer. On March 9, 2016, the senior staff member contacted the staff member to arrange a follow-up meeting but the staff member did not agree to a follow-up meeting. Subsequently, on March 15, 2016, Panepinto announced that he would not be seeking re-election to the New York State Senate.

“While the defendant’s behavior in the hotel room was bad, his efforts to cover-up that behavior constituted a federal crime,” stated U.S. Attorney Kennedy. “In behaving as he did, the defendant not only abused the trust of a young female staffer over whom he held a position of authority, but he also betrayed the trust of those he was elected to serve.  Today’s plea makes clear that this Office will not allow elected officials who abuse their position for personal gain to escape justice.”

“Today, Marc Panepinto admitted he directed a senior staff member to promise a financial payment or new employment to another Panepinto staffer if she would refuse to participate in a New York State Joint Commission on Public Ethics investigation,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo office. “Panepinto's admitted criminal misconduct -- behavior that he engaged in while he served in public office -- epitomizes why public corruption at all levels is the FBI’s top criminal investigative priority.”

The plea is the result of an investigation by the Buffalo Division of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Joint Commission on Public Ethics, under the direction of Executive Director Seth H. Agata.

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 a Minerva Maestre, 50, of Dunkirk, NY, who was convicted of possession with intent to distribute 28 grams or more of crack cocaine, was sentenced to serve 60 months in federal prison by Senior U.S. District Judge William M. Skretny. In addition, the defendant was ordered to forfeit more than $150,000 in drug proceeds.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on April 28, 2017, Dunkirk Police, the Southern Tier Regional Drug Task Force and the Drug Enforcement Administration executed a search warrant at the defendant’s residence located at 51 E. Second Street in Dunkirk. During the search, officers seized 60 grams of crack cocaine, 42 grams of cocaine, plastic baggies, and $171,962 in cash.

The sentencing is the result of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff Joseph Geraci; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Dunkirk Police Department, under the direction of Chief David Ortolano.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Alicia Raynor, 40, of Westfield, NY, was arrested and charged by criminal complaint with embezzlement. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that according to the complaint, in 2012, the defendant was hired by Compassion at Home, Inc. as the Business Manager. Between November 2012 and August 2015, the defendant had access to the payroll processing service of Compassion at Home, which was used to deposit pay directly into employee bank accounts. Raynor used the service to divert funds from the company's bank account to accounts under her control. In August 2015, the President of the company terminated the defendant for using company funds to pay personal expenses.

In the middle of 2016, the President noticed that, although Raynor was no longer employed by Compassion at Home and was no longer entitled to any payments from the company, numerous wire transfers were being sent from a company bank account to the defendant. Realizing that Raynor had maintained access to the payroll processing service, the President eliminated the defendant's access to the payment processing service, which ceased the wire transfers to Raynor.

Between September 24, 2015, and June 30, 2016, Alicia Raynor received 139 electronic funds transfers from the company bank account into bank accounts under her control. The transfers involved variations of the defendant's name, bank names, credit card names, and names of employees of Compassion at Home. Raynor is accused of embezzling a total of $227,000.                                   

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

The complaint is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, 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.

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 second superseding indictment charging Dontrell Wise, 32, and Lamario Jones, 31, both of Buffalo, NY, with conspiracy to possess with intent to distribute heroin, butyryl fentanyl, fentanyl, cocaine, and crack cocaine; possession with intent to distribute butyryl fentanyl; distribution of fentanyl causing death; and distribution of a controlled substance causing serious bodily injury.
According to Assistant U.S. Attorney Michael J. Adler, who is handling the case, the indictment alleges that the conspiracy generally, and Wise specifically, between mid-November of 2017 and November 23, 2017, distributed fentanyl which caused the death of an individual identified as A.J. The “death results” charge is punishable by a mandatory minimum penalty of 20 years in prison, a maximum of life and a $1,000,000 fine. In addition, Jones is accused of distributing a controlled substance which resulted in two overdose incidents causing “serious bodily injury” to individuals identified as K.M. and K.P. The “serious bodily injury” charges are also punishable by a mandatory minimum penalty of 20 years in prison, a maximum of life and a $1,000,000 fine.
“To date, our office has charged nearly a dozen defendants with causing the overdose deaths of 19 people,” stated U.S. Attorney Kennedy. “Those lives represented 19 of our brothers and sisters, sons and daughters, and friends. Yet, for the first time ever in this District, this indictment also includes charges against two defendants for causing serious bodily injury by putting potentially deadly opiates into the hands of individuals who are struggling with addiction. That offense, like the death results offense, carries a 20 year mandatory minimum sentence and a maximum sentence of life in prison.  As this charge highlights, these drugs not only kill but they cause serious injury to many in our community. To date, our efforts have rightfully been focused on saving lives, and that ongoing effort—thanks to law enforcement working with treatment providers, prevention specialists, and concerned citizens—seems to be working, as we are beginning to see a downward trend in the number of families losing loved ones to these deadly drugs. But our responsibility is greater than just saving lives. We must also work to ensure the quality of life and to protect our citizens from harm. It is something that the dedicated men and women of this Office do every day through their unwavering commitment to upholding the rule of law and creatively utilizing all of the tools given to us by Congress to fight our battle on behalf of all of our brothers and sisters, sons and daughters, and friends.”
The defendants will be arraigned on June 25, 2018 at 2:00 p.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.
A third co-defendant, Jerell Weathersby, pleaded guilty to possession with intent to distribute butyryl fentanyl and is awaiting sentencing. 
            The second superseding indictment is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.

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

ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Feaster, 22, of Rochester, NY, who was convicted by a federal jury of being a felon in possession of a loaded handgun, was sentenced to 60 months in jail by Chief Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Sean C. Eldridge and Charles E. Moynihan, who handled the prosecution of the case, stated that on September 27, 2015, Rochester Police Department officers, in the area of Jefferson Avenue, saw Feaster driving an all-terrain vehicle northbound on Jefferson Avenue, in the southbound lane. When officers attempted to stop the defendant, he drove the ATV onto the sidewalk and ran after being directed to produce his driver’s license. After a brief foot chase, Feaster fell to the ground and tried to get back up. The defendant struggled as officers tried to place him in handcuffs. During the struggle, Feaster threw a metal object under a vehicle parked nearby. Officers retrieved a .380 caliber semiautomatic handgun, which was loaded with six rounds of ammunition, from under the vehicle. Analysis by the Monroe County Crime Laboratory determined that DNA found on the gun belonged to the defendant.
In November 2013, Feaster was convicted in Monroe County Court on a felony weapons offense and was prohibited from legally possessing a firearm or ammunition.

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