Western District of New York

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Juan Pacheco, Jr., 36, of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to distribute five kilograms or more of cocaine, 500 grams or more of methamphetamine, and marijuana. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorneys Michael P. Felicetta and Joel L. Violanti, who are handling the case, stated that the defendant was receiving kilogram quantities of cocaine and methamphetamine from California that were smuggled into the United States from Mexico.  Members of the Drug Enforcement Administration working collaboratively with law enforcement officers from the Jamestown Metro Drug Task Force (JMDTF) identified Pacheco as a significant dealer in the Jamestown area and began investigating his activities. 

Pacheco was arrested on August 18, 2016, after authorities executed a search warrant at his stash house located at 477 Main Street in Jamestown. Officers recovered approximately nine kilograms of cocaine, three-and-a-half kilograms of methamphetamine, and three kilograms of marijuana. Approximately $133,000 in cash was also seized as well as approximately $7,000 from the defendant’s pocket upon his arrest. 

Pacheco pleaded guilty just two weeks before the start of a jury trial 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, and the Jamestown Metro Drug Task Force, which includes officers from the Jamestown Police Department, under the direction of Chief Harry Snellings; the Ellicott Police Department, under the direction of William L. Ohnmeiss Jr.; and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.

Sentencing is scheduled for October 31, 2018 at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Gabriel Rodriguez, 40, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana, was sentenced to serve 60 months in federal prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2004 and July 12, 2012, the defendant conspired with others to distribute large quantities of marijuana in the Buffalo area.  In April 2009, codefendants Jordan Ali and Shane Grafman began assisting one another in their drug distribution businesses. The defendants obtained the narcotics in the State of Arizona, and then utilized several methods to send the marijuana and cocaine to the Buffalo area, including cars, trucks, shipping crates and United States Postal Service parcels. Grafman also utilized private jets to travel from Arizona to Buffalo to pick up his drug proceeds. During this time, Rodriguez obtained more than 2,000 pounds from Grafman and Ali for distribution in the Buffalo area.  

During the investigation, law enforcement officers seized approximately $1,000,000 in United States currency, including $671,385 from a hidden compartment within a Honda Ridgeline driven by Grafman.

A total of six defendants were arrested and convicted in this case. 

The sentencing is the culmination of investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; the Niagara Frontier Transit Authority, under the direction of Chief George Gast; the Tempe, Arizona Police Department; the Apache County, Arizona Sheriff's Department; and the Oklahoma State Police.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Gabriel Rodriguez, 40, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana, was sentenced to serve 60 months in federal prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2004 and July 12, 2012, the defendant conspired with others to distribute large quantities of marijuana in the Buffalo area.  In April 2009, codefendants Jordan Ali and Shane Grafman began assisting one another in their drug distribution businesses. The defendants obtained the narcotics in the State of Arizona, and then utilized several methods to send the marijuana and cocaine to the Buffalo area, including cars, trucks, shipping crates and United States Postal Service parcels. Grafman also utilized private jets to travel from Arizona to Buffalo to pick up his drug proceeds. During this time, Rodriguez obtained more than 2,000 pounds from Grafman and Ali for distribution in the Buffalo area.  

During the investigation, law enforcement officers seized approximately $1,000,000 in United States currency, including $671,385 from a hidden compartment within a Honda Ridgeline driven by Grafman.

A total of six defendants were arrested and convicted in this case. 

The sentencing is the culmination of investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; the Niagara Frontier Transit Authority, under the direction of Chief George Gast; the Tempe, Arizona Police Department; the Apache County, Arizona Sheriff's Department; and the Oklahoma State Police.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Larry Watkins, Sr., 51, of Buffalo, NY, with being a felon in possession of ammunition. The charge carries a maximum of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment and statement by the Government to the Court, on June 16, 2018, the defendant discharged a firearm on Stanton Street in Buffalo in broad daylight.  In April of 1993, Watkins was convicted of a felony in Erie County Court. In May 2005, the defendant was convicted of a felony in federal court. As a result of those prior convictions, Watkins is legally prohibited from possessing ammunition.  

The defendant was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on June 25, 2018, at 2:00 p.m. 

The indictment is the culmination of investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned a superseding indictment charging Jawayne Watkins, 29, aka Weezy, and Anika Williams, 42, both of Buffalo, NY, with conspiracy to possess with intent to distribute heroin, and 4-fluoroisobutyryl fentanyl, and possession with intent to distribute, and distribution of, heroin and 4-fluoroisobutyryl fentanyl. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a fine of $5,000,000.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, in July 2017, an undercover officer made a $1,500 controlled purchase of heroin and 4-fluoroisobutyryl fentanyl from Watkins. On November 9, 2017, Watkins made a second sale, this time a mixture of heroin and 4-fluoroisobutyryl fentanyl.  

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

Anika Williams was arraigned before U.S, Magistrate Judge Jeremiah J. McCarthy and released on conditions following a detention hearing this morning. Jawayne Watkins is scheduled to be arraigned on June 26, 2018 at 3:00 p.m. 

The superseding indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeb Tyler, 45, of Rochester, NY, pleaded guilty to conspiracy to commit wire fraud and filing a false tax return for the year 2014 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, Tyler, Craig Jerabeck, and Jason Guck started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester, New York, 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, Tyler, Jerabeck and Guck 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"). Tyler admitted that between May 2010 and April 2016, 5LINX sold and distributed products for a Florida vendor. Tyler, along with Guck 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 the defendant, Guck, and Tyler.

Assistant U.S. Attorney Richard A. Resnick further stated that the defendant admitted that he had provided material false information on his personal tax returns, Forms 1040, for the years 2012 through 2015. Specifically, the defendant admitted that he failed to report income he received from 5LINX, and took deductions to which he was not entitled, that is, consulting fees that were not paid.  The false returns resulted in a tax loss to the IRS of approximately $449,123.

The defendants were charged in a superseding indictment in September 2017. Craig Jerabeck was previously convicted and is awaiting sentencing. Charges are pending against Jason Guck. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

Today’s 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 September 9, 2018 at 2:00 p.m. before Judge Larimer.

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 Traficante, 23, of Long Island, NY, who was convicted of cyberstalking and distribution of a controlled substance, was sentenced to 48 months by U.S. District Judge David G. Larimer

Assistant U.S. Attorneys Melissa M. Marangola and Richard A. Resnick, who are handling the case, stated that between October 2017 and December 2017, the defendant sent numerous threatening text messages to his ex-girlfriend (the Victim), her college classmates, and her housemates. The messages stated “its not safe out there tonight,” “there are various people among different orgs who have hurt me. My plan is to hurt them,” and “the only thing that helps is revenge.” Traficante also sent the Victim’s housemates numerous threatening voicemails, including one with a voice disguising device that stated, “I’m in the house.” The Victim changed her telephone number in order to avoid the defendant but he contacted her new telephone and her housemates, stating, “your all crazy if you think I’m not still out there.”

In addition, posing as the Victim, Traficante created a false prostitution advertisement on Backpage.com, which included the Victim’s new telephone number. The Victim received over 60 telephone calls from men seeking sexual encounters. Traficante also hacked into the Victim’s email and social media accounts, cellular telephone, as well as her  and college account, which contained her grades, tests and assignments. 

On one occasion, the defendant sent the Victim a message asking where she was together with a screenshot of her physical location. Such communications caused the Victim emotional distress. Traficante also hacked the Victim’s Amazon account and purchased a book about stalking, titled “I’m Watching You,” and sent it to her.

In November 2017, Traficante used a BB gun to shoot out the window of the Victim’s parents’ vehicle parked outside of their home as well as a window in their house.

Also, the defendant sent cocaine, a Schedule II controlled substance, to the Victim’s college mailbox on November 2 and anonymously contacted university police to advise them a package containing cocaine was being mailed to the Victim. Then, on November 8, 2017, Traficante mailed MDMA, a Schedule I controlled substance, to the Victim. On November 20, 2017, the defendant mailed a third package to the Victim which once again contained cocaine.

Judge Larimer admonished the defendant for terrorizing the Victim and the campus of Geneseo with threats that would result in “as much destruction as possible” and possibly death to the students attending Geneseo. Assistant U.S. Attorney Marangola told the court that, although there is no way to determine whether Traficante would have actually shot up the campus, a loaded AR 15 rifle was located in his residence at the time of his arrest. Marangola argued the verbal threats, the possession of the firearm and his escalating behavior were extremely concerning and that his arrest may have stopped a tragedy.

“I applaud the efforts of the members of the Geneseo University Police who did a tremendous job is tracking down the source of threatening text messages sent to students,” said U.S. Attorney Kennedy. “Their efforts very well may have prevented an unspeakable act of violence from occurring resulting in tragedy and heartbreak.”     

The investigation also identified a prior victim who Traficante subjected to similar digital harassment in 2014-2015.

Today’s sentencing is the result of an investigation by the Geneseo University Police, under the direction of Chief Thomas Kilcullen, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Michael Pacheco, aka Michael Dominguez, 27, of Dunkirk, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribution of, 500 grams or more cocaine. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a $10,000,000 fine.

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

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

Sentencing is scheduled for September 20, 2018, at 3:30 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 Christopher Mahoney, 34, who was convicted of conspiring to make payments and gratuities to City of Buffalo police officers, was sentenced to two years’ probation by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorneys Russell T. Ippolito, Jr., and Maura K. O’Donnell, who handled the prosecution, stated that James Mazzariello, Jr. owned and operated Jim Mazz Auto, Inc. and National Towing, Inc. The companies were involved in all aspects of the automobile towing and repair business, including collision repair work, mechanical repair work, towing and storage work, and the sale of used automobiles. Adam Mazzariello, the son of James Mazzariello, Jr., supervised the towing services aspect of the businesses. Christopher Mahoney served in a managerial capacity for each of the businesses.

Mahoney admitted that between January 2009 and May 2012, Jim Mazz Auto tow truck operators, at the direction of James Mazzariello, Jr. and Adam Mazzariello, made payments to certain City of Buffalo police officers for their assistance in enabling Jim Mazz tow truck operators to tow motor vehicles damaged in accidents in the City of Buffalo. The tow truck operators made these payments from their own personal funds and subsequently sought reimbursement from James Mazzariello, Jr., Adam Mazzariello and Christopher Mahoney. James Mazzariello, Jr. directed and authorized Christopher Mahoney to make reimbursement payments to the tow truck operators. Mahoney made reimbursement payments to tow truck operators on a regular basis and often times used cash from the Jim Mazz Auto cash drawer to make such payments. 
 
While the plea agreement does not specify the exact number of payments made by the tow truck operators to Buffalo Police Officers, the government, through its investigation and prior to the time defendant Mahoney expressed a desire to plead guilty, substantiated and examined, in detail, 19 different payments made by tow truck operators.  Approximately $500 in payments were made to Buffalo police officers by tow truck operators for access to the tows of the 19 accidents examined. The gross revenue Jim Mazz Auto derived from making such payments totaled $43,022.74. The gross revenue consisted of payments made to Jim Mazz Auto for towing, as well as for mechanical and collision repair work.

James Mazzariello, Jr. and Adam Mazzariello were previously convicted and sentenced to serve 12 months and six months respectively in federal 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 Internal Revenue Service Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; the New York State Department of Motor Vehicles’ Division of Field Investigation, under the direction of Owen McShane, Director of Investigations; the New York State Department of Taxation and Finance Criminal Investigations Division, under the direction of Deputy Commissioner John Harford; the New York State Department of Financial Services Criminal Investigations Unit, under the direction of Director Frank Orlando; 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 Brendaliz Escalante, 28, and Jerry Louis Rolon-Alvarez, 39, both of Buffalo, NY, were arrested and charged by criminal complaint with attempt to possess with intent to distribute cocaine. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the complaint, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed on the package and revealed, hidden inside the parcel, more than three kilograms of suspected cocaine.

U.S. Postal Inspection Service removed the cocaine from the package and replaced it with sham. On June 18, 2018, law enforcement officers delivered the package to the residence, where both Escalante and Rolon-Alvarez arrived to retrieve the package.  Following their retrieval of the package, both defendants were arrested.

The defendants made an initial appearances before U.S. Magistrate Judge Michael J. Roemer.  Rolon-Alvarez detained and Escalante released with conditions. 

The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the United States Postal Service Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon.

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 Gilbert Guzman, 48, of Brooklyn, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

Stevie Alejandro, Aaron Hill, and Cleophus Dentmond were previously convicted and are awaiting sentencing. Charges are pending against Catherine Ramos. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The 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; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

Sentencing is scheduled for October 18, 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 a federal grand jury has returned an indictment charging eight defendants with conspiracy to possess with the intent to distribute, and to distribute, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. Named in the indictment are:  

• Danny W. Michael, III; • Alexis V. Hall; • Destiny J. Hare; • Andrew C. Bennett; • Searcy E. Fields; • Jacob A. Motherwell; • Michael A. Davis; and
• Stacie N. Yancer

In addition, Jamell Trapp and Marcus Bowman were arrested and charged by criminal complaint with conspiracy to possess with the intent to distribute, and to distribute, 500 grams or more of methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, and a maximum of 40 years, plus a mandatory consecutive five-year prison term. Jamell Trapp is also charged with being a felon in possession of a firearm.
 
Assistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that according to the indictment, the defendants operated and participated in a large scale methamphetamine conspiracy in the Jamestown area between November 2017 and June 14, 2018.
The complaint further states that defendant Jamell Trapp is a member of a multi-state drug trafficking organization (DTO) that is suspected of trafficking and distributing large quantities of methamphetamine. The methamphetamine is believed to originate in Mexico, and is then moved to southern California for shipment to Western New York. 
On June 18, 2018, at approximately 2:00 PM, members of the DEA, the FBI and USPIS, conducted a controlled delivery of a parcel to the residence of Jamell Trapp at 18 Wisteria Drive in Fredonia, NY. The original package containing suspected methamphetamine was intercepted by the USPIS on June 15, 2018 and replaced with sham. Marcus Bowman accepted the package upon delivery. A short time later, Bowman and Trapp were taken into custody. Law enforcement officers conducted a search of the residence and recovered a firearm and the package containing sham.
Defendants Hall, Hare, Bennett, Fields, and Motherwell were taken into custody this morning. Search warrants executed at the time of their arrests recovered a quantity of suspected crystal methamphetamine, pills, approximately $3,000 cash, drug paraphernalia, approximately 20 cell phones, and a laptop.
Defendants Yancer, Davis and Michael are currently in state custody.
“While much attention—and rightfully so—is given to the opioid epidemic, methamphetamine remains a formidable and increasing threat in various locations across the United States,” noted U.S. Attorney Kennedy. “In 2016, more than 7,500 Americans lost their lives to a methamphetamine overdose. Although the journey may be more prolonged than with opiates, the final destination is the same. Methamphetamines, like opiates, kill. Today’s round-up provides proof that the entire Department of Justice, working together with our state and local partners, will do all that we can to eradicate the deadly and varied threat presented by illicit drugs in every corner of our District.”
“These joint, strategic operations help us in this race to save lives,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “The FBI concentrates on crime problems that pose major threats to American society and we are too familiar with this topic. Methamphetamine is a highly addictive, harmful stimulant. The men and women arrested today were pushing this unforgiving drug into the Jamestown community knowing it will inevitably destroy the lives of users and their families and friends.”
DEA Special Agent-in-Charge James Hunt stated, “Meth is cheap, addictive, highly toxic; and it is here, in the Southern Tier of New York. This investigation demonstrates that we are determined to eradicate methamphetamine traffickers by shutting down the source of supply. I applaud our law enforcement partners for their diligent work on this investigation.”
USPIS Acting Inspector-in-Charge, Boston Division, Delany De Leon-Colon stated, “Along with our law enforcement counterparts, Postal Inspectors will always pursue those who use the mail to conduct illegal activities, placing our employees and customers in harm’s way. When criminals use the mail for illegal enrichment, Postal Inspectors will not hesitate to ensure they are brought to justice.”
The indictment and criminal complaint are the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the 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; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the United States Postal Inspection Service, Boston Division, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon; the New York State Police, under the direction of Major Edward Kennedy; and the New York/New Jersey High Intensity Drug Trafficking Area.
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 Kevin DiMartino, 38, of Greece, NY, who was convicted of possession of child pornography, including prepubescent images, was sentenced to 125 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on December 6, 2016, an undercover law enforcement officer discovered a video file containing child pornography on the internet. Further investigation determined that the video came from an email address belonging to the defendant. The officer also discovered that DiMartino made files available for download that contained the rape of children as young as five years of age and a ten-year-old child engaged in sex acts with other children.

In January 2017, a search warrant was executed at DiMartino’s residence. Among the items seized were a desktop computer, an external hard drive and a thumb drive. An analysis of the electronic items determined that they contained both child pornography and child erotica. The electronics contained approximately 24,000 images of child pornography.   

Prior to his arrest, the defendant owned and operated a bounce house company that serviced parties for children. While the charges were pending, DiMartino was released from custody under the supervision of the U.S. Probation Department. However, in October 2017, the defendant’s bail was revoked after a minor alleged that the defendant sexually abused him at his residence in Greece. 

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 Greece Police Department, under the direction of Chief Patrick D. Phelan.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Yousef Goba, 44, of Yemen, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to making extortionate threats to harm and kidnap a minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between February 2015 and April 2015, Goba contacted the victim through telephone and text messages and threatened to kidnap and injure the victim’s minor child.

The minor child went to Yemen with her mother in September 2013. While in Yemen, the minor child, her mother, and siblings lived with Goba for a period of time. When the mother wanted to move from Goba’s residence, the defendant refused to let the minor child leave and threatened that he would have the minor child marry a Yemeni man, if money was not paid to him. On April 8, 2015, during a call recorded by the FBI, Goba demanded that the victim pay him $11,000 as well as money for other expenses for the release of the minor child.

The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
           
Sentencing is scheduled for October 29, 2018, at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Adam Doumbouya, 30, of Ireland, pleaded guilty to improper use of another person’s passport before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the defendant attempted to enter the United States at the Amtrak Train Station Port of Entry in Niagara Falls on November 19, 2017. Doumbouya presented an Irish passport to a Customs and Border Protection Officer bearing the name Mariame Kourouma. The defendant also told the officer she was traveling to New York City to visit relatives.

An officer entered Doumbouya’s fingerprints into a Fingerprint Identification System and determined that she was in fact Adam Doumbouya, a citizen of Ireland, and not Mariame Kourouma. The investigation further revealed that the defendant was previously denied entry to the United States at the Rouses Point, New York Port of Entry, and had been refused a visa at the United States consulate in Dublin.
 
The plea is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.

Sentencing is scheduled for August 8, 2018, at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Maria Guadalupe Martinez-Plascencia, 47, and Claudia Anel Cuevas-Sandoval, 37, both of Guadalajara, Mexico, were arrested and charged by criminal complaint with possession with intent to distribute Schedule I and Schedule II controlled substances. The charges carry a maximum penalty of 10 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, in early June 2018, the Drug Enforcement Administration and the Niagara Frontier Transportation Authority Police began investigating the activities of Martinez, who was associated with an individual arrested on May 26, 2018, in Laredo, Texas. The individual was in possession of a backpack and a laptop bag that concealed heroin. Martinez was identified in a Customs and Border Protection report, which included instructions to conduct an inspection of the defendant during any border crossing.

On June 9, 2018, the NFTA identified Martinez and Cuevas traveling together. The defendants purchased tickets for a Greyhound bus departing from Philadelphia, PA, late in the evening of June 9, 2018, and arriving in Buffalo on June 10, 2018. When the defendants arrived, law enforcement officers surveilled them at the Hyatt Regency Buffalo Hotel in downtown Buffalo.

In the early morning hours of June 11, 2018, officers executed a New York State search warrant in the room the defendants were staying in. During the search, officers found two backpacks and two laptop bags in plain view which were heavy but contained no visible contents. Sewn into the baggage were 10 packages containing suspected fentanyl or fentanyl analogue. Martinez and Cuevas were arrested at that time.

Field testing of the suspected fentanyl was not conducted because of the significant threat to law enforcement personnel, first responders, and members of the public presented by fentanyl, fentanyl-related substances, synthetic opioids, and other powder substances. 

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and are being held pending a detention hearing on June 18, 2018 at 1:00 p.m.

The complaint is the result of an investigation by the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Tyler Craig Anderson, 27, and Robert Lincoln, 26, both of Jamestown, NY, with conspiracy to make false statements to purchase firearms, which carries a maximum penalty of five years in prison. In addition, Anderson is charged with possession with intent to distribute cocaine and marijuana, maintaining a drug involved premises, and possession of a firearm in furtherance of drug trafficking crimes which are punishable by a mandatory minimum five years in prison and a maximum of life in prison.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment and previously filed complaint, the Ellicott Police Department received complaints from area residents regarding suspected drug dealing at Anderson’s residence. According to residents, there were frequent and short visits by a number of people driving a variety of vehicles. As a result, law enforcement officers conducted controlled purchases of cocaine from Anderson at his residence on Willard Street Extension. Law enforcement officers learned during those controlled drug sales that Anderson had a number of firearms at his residence.

On March 9, 2018, law enforcement officers executed a search warrant at Anderson’s residence and recovered cocaine, marijuana, drug paraphernalia, 14 firearms, and ammunition. The defendant was taken into custody at the scene. 

Subsequent investigation determined that at least three of the firearms were purchased by defendant Lincoln at a sporting goods store in Russell, Pennsylvania. Lincoln completed the required federal forms stating that he was the purchaser of the firearms, but shortly thereafter, he turned the firearms over to Anderson. 

According to the complaint, law enforcement officers reviewed a Facebook page believed to be operated by defendant Anderson. One post read, "I gotta bout 30 guns and I love em all the same bang bang 'merica." Another Facebook user commented, "And get them all taken the same when they say you can't have them anymore." Anderson responded, "They' re gonna have to kill me mane [sic]."

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

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 Charlie P. Conant, 27, of Syracuse, NY, was arrested and charged by criminal complaint with online enticement of a minor. The charge carries a mandatory 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 according to the complaint, 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.

The UC responded to the ad via email, posing as a 12-year-old female. The UC wrote, “Hi!! Idk if Im 2 young for u but wanted 2 say hi! Soooo hi!!! Lmao :).” The defendant responded, “Hey how you doin? How old are you? What do you want to get into? Can I see pics of you?” After the UC responded, I’ll b 13 in a few months,” Conant responded, “That’s perfect. I’d love to see pics of you.” The UC sent a picture to the defendant who asked for more pictures. Communication between the UC and Conant via text message. The defendant also continued to ask for more pictures including naked photos.

There was no communication between Conant and the UC between March 29, 2018, and May 15, 2018. On that date, the defendant sent a text message to the UC stating “I really miss you princess.” The UC responded, “Thought u forgot bout me.” The UC and the defendant continued to communicate via text message. During the exchanges, Conant indicated 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 defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on June 21, 2018 at 2:00 p.m.
 
The complaint is the result of an investigation by the New York State Police, under the direction of Major Richard Allen, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

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

BUFFALO, N.Y. – Assistant United States Attorneys Melissa M. Marangola and Joel L. Violanti of the U.S. Attorney’s Office in the Western District of New York were two of 162 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV, at the 34th Director’s Awards Ceremony today in Washington D.C.

AUSAs Marangola and Violanti were recognized for their superior performance as criminal Assistant United States Attorneys based on their successful conviction of Ronald Epps for murdering his girlfriend Angela Moss in order to obtain the proceeds of a $100,000 insurance policy. They creatively utilized the federal wire fraud statute to obtain jurisdiction and prosecute an unsolved murder that the local District Attorney’s Office was unwilling to prosecute. As a result of the prosecution, Epps is presently serving a 60 year sentence in federal prison and the victim's family received closure knowing that the killer was brought to justice.

“More than three years passed and still no one had been held accountable for the murder of Angela Moss in 2009,” stated U.S. Attorney James P. Kennedy, Jr. “Assistant U.S. Attorneys Melissa Marangola and Joel Violanti worked relentlessly in reviewing the evidence and federal law to charge and successfully prosecute Ronald Epps, who, with a sentence of 60 years, will likely spend the rest of his natural life behind bars. Ms. Marangola and Mr. Violanti are among more than 60 Assistant U.S. Attorneys who work diligently each and every day serving and protecting the residents of the 17 counties that compromise the Western District of New York, and our Office is proud to honor them with this award.”     

In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, “Today’s honorees earned the esteem of their colleagues. But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded. Today, we pause to honor and recognize a small portion of your work.”

The Western District of New York was one of 35 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

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 16-count indictment charging Tyrone Green, 24, and Brennen Bryant, Jr., 25, both of Buffalo, NY, with possession with intent to distribute 10 grams or more of a fentanyl analogue, as well as heroin, cocaine, and fentanyl. 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. Attorneys Timothy C. Lynch and Seth T. Molisani, who is handling the case, stated that the charges in indictment and previously complaints stem from an investigation into an overdose death that occurred in Hamburg, NY on March 26, 2018. Through text messages on the decedent’s cellular telephone, detectives with the Hamburg Police Department and Special Agents with the Drug Enforcement Administration identified Green and Bryant as the decedent’s suppliers. Law enforcement officers then set up a controlled purchase of fentanyl from Green who was arrested when he arrived to sell the fentanyl.

Subsequently, the investigation uncovered that between October 2017, and January 2018, the New York State Police made numerous controlled purchases of butyryl fentanyl, fentanyl, cocaine, and heroin from both defendants. 

The indictment is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, the Drug Enforcement Administration, under the direction of Special-Agent-in-Charge James J. Hunt, the New York State Police, under the direction Major Edward Kennedy, and the Orchard Park Police Department, under the direction of Chief Mark Pacholec.

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 Roland Yockel, II, 31, of Hilton NY, who was convicted of receipt of child pornography, was sentenced to serve 156 months in federal prison and 15 years of supervised release by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $7,200 in restitution to victims and he will have to register as a sex offender upon his release from prison.  

Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Yockel was employed as a full time Kindergarten teacher in the Brockport Central School District and also held positions with the Town of Hamlin Recreation Department as a summer youth camp counselor, program assistant, health director, and camp coordinator. The defendant traded, received, and possessed approximately 6,000 images and videos of child pornography, including child pornography that depicted the sexual abuse of infants and toddlers. 

In July 2017, the defendant was identified by Homeland Security Investigation (HSI) Special Agents in Phoenix involved in an ongoing child pornography probe with investigators from New Zealand. That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.

On November 21, 2017, during the execution of a search warrant at Yockel’s Hilton home, Homeland Security Agents seized multiple devices from the defendant’s bedroom, which were later analyzed and found to contain recovered approximately 5,500 images and 247 videos of child pornography. Agents further discovered that Yockel engaged in online chats with other individuals trading child pornography in which the defendant pretended to be the father of two prepubescent girls.  In those conversations, Yockel offered to allow other child pornographers to have sex with his supposed daughters, and talked about having sex with the other individuals’ children. 

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen, and the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Trebor Conolly, 36, of Geneva NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to receipt of child pornography. The charge carries a maximum penalty of 20 years imprisonment, lifetime supervised release, sex offender registration, and a $250,000 fine.

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

Sentencing is scheduled for October 2, 2018, at 9:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Corey Bradberry, Jr., 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between May 2016 and June 2017, the defendant conspired with others to operate a wide-scale cocaine distribution network in Niagara Falls and Lockport.

Bradberry regularly purchased drugs from co-defendant Ramone Westbrook for the purpose of resale, typically obtaining approximately an ounce of cocaine per week from Westbrook with the intention of distributing it to numerous other individuals. Between April 20, 2017, and May 17, 2017, the defendant and Westbrook communicated by telephone at least 235 times, during which they discussed cocaine trafficking and arranged cocaine transactions. During one call, Bradberry told Westbrook to hurry up because he had five people waiting.

On May 17, 2017, the defendant sold cocaine to an individual working with the Drug Enforcement Administration. On May 24, 2017, law enforcement officers executed a New York State search warrant at Bradberry’s residence on Niagara Street in Niagara Falls, NY, and seized cocaine, a digital scale with white residue, and $250.00 in cash.

Co-defendants Ramone Westbrook Rico Freeman, and Darius Dix were all previously convicted.
 
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, Special Agent Shane Nastoff, and Task Force Officer Eric Herrington; the Lockport Police Department, under the direction of Chief Michael Niethe; the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. 

Sentencing is scheduled for September 21, 2018, at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Raymond Hopson, 35, of Tonawanda, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joel Violanti, who handled the case, stated that between July 28, 2016, and November 8, 2016, Hopson made several sales of crack cocaine to an undercover (UC) officer posing as a drug customer. During that time, the defendant was living with for Niagara Falls Police Officer Stephanie Costanzo, at her residence on Grand Avenue in Niagara Falls. Hopson would store some of his cocaine, along with paraphernalia used to weigh and distribute the cocaine, at the residence.  

On November 9, 2016, Special Agents from the Drug Enforcement Administration (DEA), along with the Niagara Falls Police Department executed a search warrant at Costanzo’s residence. Agents and officers recovered approximately 5.6 grams of cocaine, a digital scale used for weighing and distributing the cocaine, and drug paraphernalia used to package and distribute the cocaine. Although she did not participate in the distribution of the controlled substances, Costanzo was aware that Hopson stored his cocaine and paraphernalia at her residence.

Hopson conspired with another co-defendant, Lindsay Carrier, to distribute crack cocaine. On five occasions between July 28, 2016, and November 8, 2016, Hopson obtained crack cocaine from Carrier and then sold it to an undercover officer. A search warrant executed at the Willow Avenue residence of Carrier’s mother, resulted in the seizure of quantities of cocaine and crack cocaine.

Costanzo and Carrier were previously convicted. Costanzo was sentenced to time served, and Carrier received 70 months in prison.  
 
Hopson’s sentencing is the result of an investigation by the Niagara Falls Police department, under the direction of Superintendent Bryan Dalporto, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Cavico, Jr., 50, of Rochester, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of firearm with obliterated serial number. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorneys Scott S. Allen, Jr. and Paul C. Parisi, who are handling the case, stated that on December 15, 2017, law enforcement officials from the LeRoy Police Department responded to a domestic dispute in LeRoy, New York.  Upon arrival, officers saw Cavico on top of a female, assaulting her, with a pistol at his side.  The pistol’s serial number had been obliterated. 

The defendant has three prior felonies dating back to 1990 and is legally prohibited from possessing a firearm. 

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the LeRoy Police Department, under the direction of Chief Christopher Hayward; and the Genesee County Sheriff’s Office, under the direction of Sheriff William Sheron, Jr.

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

Arafat M. Nagi, 47, of Lackawanna, New York, was sentenced to 15 years in prison, to be followed by 15 years of supervised release, for attempting to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney James P. Kennedy, Jr. for the Western District of New York and Special Agent in Charge Gary Loeffert of the FBI’s Buffalo Office made the announcement after sentencing by U.S. District Judge Richard J. Arcara.

On Aug. 28, 2014, a community member advised the FBI that the defendant spoke about violent jihad to various people in the Lackawanna community and it was common for Nagi to get into verbal complaints over his jihadi beliefs.  Further investigation determined that the defendant pledged allegiance to ISIS and the leader of the terrorist group, Abu Bakr al Bagdadi.

Investigators learned that the defendant traveled to Turkey on two occasions, in October 2012 and July 2014, with the intention of meeting with members of ISIS.  Prior to traveling to Turkey, the defendant purchased a large number of military combat items, including a tactical vest, army combat shirt, body armor, Shahada Flag, combat boots, backpack, burn kit, a hunting knife, machete and night vision goggles.  Once in Turkey, Nagi purchased a SIM card and activated a Turkish cell phone number.  Facebook messages showed that the defendant contacted other individuals, who were prepared to help the defendant enter Syria to join ISIS, and exchanged Turkish cell phone numbers.  In addition, evidence seized from the defendant’s electronic devices showed that the defendant, while in Turkey, was researching how to travel from Istanbul to cities close to the Syrian border.

During follow up interviews in December 2014 and March 2015, the community member who alerted the FBI regarding Nagi’s actions stated that the defendant still possessed radical political and religious views.  According to the individual, Nagi was angry about the killing of rebels in Yemen which he blamed on the United States; pledged an oath to ISIS leaders; expressed agreement with ISIS tactics, including the killing of innocent men, women and children.  The individual further reported that defendant planned to travel to Yemen and Turkey again soon.

This case was investigated by the FBI Joint Terrorism Task Force, and assistance was provided by the New York State Attorney General’s Office.  The case was prosecuted by Assistant U.S. Attorneys Timothy C. Lynch and Joel L. Violanti of the Western District of New York, and Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sterling Jones, 24, of Lockport, NY, who was convicted of possession of child pornography, was sentenced to serve 36 months in federal prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that on March 31, 2017, the defendant possessed 295 videos and 11 images of child pornography. These videos and images were on the cellular telephone and were stored by the defendant in his DropBox online storage account. Over 600 images of child pornography were recovered from Jones’ cellular telephone and some of the images included prepubescent minors and depictions of violence.

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.

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

BUFFALO, NY – Arafat M. Nagi, 47, of Lackawanna, NY, was sentenced to serve 15 years in prison and 15 years supervised release by U.S. District Judge Richard J. Arcara for attempting to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney James P. Kennedy, Jr. for the Western District of New York, and Special Agent-in-Charge Gary Loeffert of the FBI’s Buffalo Office made the announcement.

On August 28, 2014, a community member advised the FBI that the defendant spoke about violent jihad to various people in the Lackawanna community and it was common for Nagi to get into verbal complaints over his jihadi beliefs. Further investigation determined that the defendant pledged allegiance to ISIS and the leader of the terrorist group, Abu Bakr al Bagdadi.

Investigators learned that the defendant traveled to Turkey on two occasions, in October 2012 and July 2014, with the intention of meeting with members of ISIS.  Prior to traveling to Turkey, the defendant purchased a large number of military combat items, including a tactical vest, army combat shirt, body armor, Shahada Flag, combat boots, backpack, burn kit, a hunting knife, machete and night vision goggles. Once in Turkey, Nagi purchased a SIM card and activated a Turkish cell phone number.  Facebook messages showed that the defendant contacted other individuals, who were prepared to help the defendant enter Syria to join ISIS, and exchanged Turkish cell phone numbers.  In addition, evidence seized from the defendant’s electronic devices showed that the defendant, while in Turkey, was researching how to travel from Istanbul to cities close to the Syrian border.

During follow up interviews in December, 2014 and March 2015, the community member who alerted the FBI regarding Nagi’s actions stated that the defendant still possessed radical political and religious views.  According to the individual, Nagi was angry about the killing of rebels in Yemen which he blamed on the United States; pledged an oath to ISIS leaders; expressed agreement with ISIS tactics, including the killing of innocent men, women and children.  The individual further reported that defendant planned to travel to Yemen and Turkey again soon.

“Today’s sentencing serves as yet another sobering reminder that terrorism’s reach knows no boundaries and that its supporters may be found—even in our own backyard,” said U.S. Attorney Kennedy. “Yet, today’s sentencing also demonstrates how members of the community play an important role in helping us to identify and eliminate those in our midst who support terrorism. Working with the community and with our partners in law enforcement, this Office will continue its vigilance in discharging our duty to enforce the rule of law so as to protect the lives of Americans at home and abroad and to preserve those values—such as liberty, tolerance, and justice—which define us as Americans.”

“Although today's sentencing of Arafat Nagi closes one FBI Buffalo counter-terrorism investigation, our office continues to identify and investigate potential existing or emerging threats,” said Assistant Special Agent-in-Charge Philip Frigm. “Nagi's actions were not only a threat to this country, but his behavior exposed those around him to unwarranted public scrutiny and speculation. That, too, is unacceptable. Our office continues to engage with our partner communities to understand their perspectives and to provide them with the protection afforded every member of our society. It is through these partner communities that we gain a true understanding of radicalization and use our combined conviction to deter recruitment and the spread of radicalization propaganda. The sentencing is the culmination of an investigation by the FBI Joint Terrorism Task Force.”

This case was investigated by the FBI Joint Terrorism Task Force, and assistance was provided by the New York State Attorney General’s Office.  The case was prosecuted by Assistant U.S. Attorneys Timothy C. Lynch and Joel L. Violanti of the Western District of New York, and Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy announced today that Adams Amen, 32, a citizen of Ghana residing in Detroit, Michigan, who was convicted of conspiracy to commit wire fraud, was sentenced to serve 44 months in federal prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between March 28, 2015, and June 15, 2017, the defendant conspired with Jason Osei Bonsu and other Ghanaian nationals to devise an internet romance scheme to defraud victims and obtain money.

In furtherance of the scheme, Amen’s co-conspirators utilized a dating website, MillionaireMatch.com, to engage victims in communications online and over the phone to develop a rapport with victims and convince victims that they were developing romantic relationships via the internet. Victims received alleged pictures of the co-conspirators that were actually photographs of others downloaded from the internet. For example, Victim 1, who resides in the Western District of New York, received images of a person known to her as “Marvin Roecker,” but the image actually depicted a real estate agent from Texas, whose name is not “Marvin Roecker.”

After successfully building rapport, victims were asked to wire money to assist with fictitious business ventures, family emergencies, or inheritances. Victims did so, wiring funds to accounts in Ghana, the United Kingdom, and to accounts in the United States controlled by Ghanaian nationals, including Amen.

On March 2, 2016, Victim 1 wired $65,000 to Amen’s TD Bank account. Text messages between the defendant and co-defendant Jason Osei Bonsu demonstrate that both were participants in the scheme to defraud Victim 1. For instance, Amen and Bonsu discussed quickly withdrawing Victim 1’s money to prevent the bank from becoming suspicious. Subsequently, on March 21, 2017, following a request by “Marvin Roecker,” Victim 1 wired another $180,000 to a bank account located in the United Kingdom, which was controlled by a co-conspirator.

Between March 28, 2015, and June 15, 2017, victims wired $881,656 directly to accounts controlled by the defendant. One victim deposited $27,990 cash directly into Amen’s account. Victims lost a total of $909,646.

Jason Osei Bonsu was previously convicted and sentenced to 24 months in prison.

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.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Brian Mount, 60, of Pittsford, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to filing a false tax return. The charge carries a maximum penalty of three years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that Mount was the executive director of Regional Area Recreation and Employee Services (RARES), a non-profit business located at 312 West Commercial Street in East Rochester. The non-profit provides discounted tickets and services to subscribing companies. The defendant received salary and commissions from RARES that he failed to report on his 2010 through 22103 federal tax returns. In total, Mount failed to report approximately $227,835.77 in additional income on his tax returns, which resulted in the defendant failing to pay $60,977 in taxes to the Internal Revenue Service.

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

Mount’s sentencing is scheduled for September 19, 2018, at 3:00 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 John P. Cutler, 35, of Delevan, NY, who was convicted receipt of child pornography following a prior conviction, was sentenced to serve 262 months in federal prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between July 2016 and September 26, 2016, the defendant searched for and downloaded images and videos of child pornography online. Cutler saved the child pornography on a laptop computer. A forensic examination of the computer revealed approximately 1875 images and 199 videos of child pornography. Some of the images and videos depicted prepubescent minors as well as depictions of violence against the minors.

The defendant was previously convicted in New York State Court of committing a Criminal Sexual Act in the Second Degree.

Today’s sentencing is the result of an investigation by agents of the Federal Bureau of Investigation, under the direction of Gary Loeffert, Special Agent-in-Charge, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb. 

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Lucas, aka B-Wise, 39, of Buffalo, NY, who was convicted of being a felon-in- possession of a firearm, was sentenced to serve 48 months in federal prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on October 25, 2015, a New York State search warrant was executed at the defendant’s Busti Avenue residence in Buffalo. Officers recovered a .22 caliber semi-automatic rifle.

Lucas was convicted in 2003 of a felony charge in state court and as a result was prohibited from legally possessing a firearm.  

The sentencing is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; 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 Renato Jardines-Santiago, of Mexico, was arrested and charged by criminal complaint with re-entry after deportation after having been convicted of a felony crime. The charge carries 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 according to the complaint, on June 4, 2018, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO) learned that the defendant, a citizen and national of Mexico and a prior deported alien had illegally returned to the United States. Jardines-Santiago was arrested on June 2, 2018, by the Wayne County Sheriff's Office and charged with Assault 3rd and Driving While Intoxicated.

At the time of his arrest, the Wayne County Sheriff's Department captured a complete set of fingerprints from the defendant. Subsequent investigation determined that in May 2009, the defendant was arrested for Simple Assault and Harassment in Allentown, Pennsylvania. On July 31, 2009, Jardines-Santiago was removed from the United States to Mexico and advised that he could not re-enter the United States without the permission of the United States Attorney General.
           
On October 14, 2012, the defendant was arrested by the United States Border Patrol near Victory, NY and once again removed from the United States to Mexico.
           
The defendant made an initial appearance before U.S Magistrate Judge Marian W. Payson and is being detained.
           
The complaint is the culmination of an investigation led by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Thomas E. Feeley, Buffalo Field Office Director.

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 Mark Buechler, 44, of Henrietta, NY, was arrested and charged by criminal complaint with production of child pornography, and possession of child pornography, including child pornography involving prepubescent minors or minors less than 12 years old. The charges carry a maximum penalty of 30 years in prison.
           
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on May 3, 2018, an 11-year-old boy, Minor Victim #1 (MV1), disclosed to his school counselor that the defendant performed various sexual acts on him on an ongoing basis at the defendant’s home on Stone Road in Henrietta. The counselor contacted Child Protective Services (CPS) to report the alleged incidents. A Monroe County CPS Investigator and a Monroe County Sheriff’s Office Investigator interviewed MV1 and Buechler was arrested later that day for the physical sexual abuse of MV1 and other crimes.
           
Also on May 3, 2018, a state search warrant was executed at the defendant’s Stone Road residence. Multiple digital and storage devices were seized, including computers, tablets, phones, SD cards, thumb drives, and digital cameras. 
           
On May 7, 2018, Sheriff’s Office Investigators interviewed Minor Victim #2 (MV2), an 18 year old boy who had visited Buechler’s residence when he was younger. MV2 also disclosed that he was sexually abused by the defendant over an extended period of time. A second state search warrant was executed on May 7, 2018, at which time additional digital devices were seized.  
           
The Federal Bureau of Investigation was contacted and on May 24, 2018, a federal search warrant was obtained to review the items seized during the execution of the state search warrants. A review of some of the items seized uncovered approximately 8,700 images and two videos of child pornography produced by Buechler, some of which depicted the defendant abusing the minor victims. 

Buechler made an initial appearance this afternoon before U.S Magistrate Judge Marina W. Payson and was detained. 

The complaint is the result of an investigation by the Monroe County Sheriff’s Office Monroe County District Attorney’s Office, Major Crimes Unit, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, Special Victims Unit, under the direction of District Attorney Sandra Doorley; Monroe County Child Protective Services, under the direction of Amy Natale-McConnell; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Bivona Child Advocacy Center, under the direction of Executive Director Deb Rosen.

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 Jason Osei Bonsu, 36, of Ghana, who was convicted of conspiracy to commit wire fraud, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between December 2015 and May 2017, Bonsu and his co-conspirators devised an internet romance scheme to defraud victims and obtain money. 

In furtherance of the scheme, the defendnat’s co-conspirators utilized a dating website, MillionaireMatch.com, to engage victims in communications online and over the phone to develop a rapport with victims and convince victims that they were developing romantic relationships via the internet. Victims received alleged pictures of the co-conspirators that were actually photographs of others downloaded from the internet. For example, Victim 1, who resides in the Western District of New York, received images of a person known to her as “Marvin Roecker,” but the image actually depicted a real estate agent from Texas, whose name is not “Marvin Roecker.”
After successfully building rapport, victims were asked to wire money to assist with fictitious business ventures, family emergencies, or inheritances. Victims did so, wiring funds to accounts in Ghana, the United Kingdom, and to accounts in the United States controlled by Ghanaian nationals, including Bonsu.
On March 2, 2016, Victim 1 wired $65,000 to a TD Bank account. Text messages between Bonsu and co-defendant Adams Amen demonstrate that both were participants in the scheme to defraud Victim 1. For instance, the defendant and Amen discussed quickly withdrawing Victim 1’s money to prevent the bank from becoming suspicious. Subsequently, on March 21, 2017, following a request by “Marvin Roecker,” Victim 1 wired another $180,000 to a bank account located in the United Kingdom, controlled by a co-conspirator.
Victims lost over $211,000 as a result of Bonsu’s participation in the scheme.
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.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that LaTosha Bowers, 32, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to defraud the United States with respect to claims. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 
           
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that between January 2012 and January 2015, the defendant conspired with Emmanuel Collins, a/k/a “Scooter,” and others, to defraud the Internal Revenue Service.
           
In January 2012, the defendant met co-defendant Emmanuel Collins who she was told could assist her in “getting some money” by filing fraudulent tax returns with the IRS. Bowers gave Collins her name, date of birth, and social security number. In turn, Collins gave the defendant fraudulent 2011 Form W-2, which Bowers filed with the IRS claiming a refund in the amount of $8,398, to which she was not entitled. The filing claimed that the defendant worked at a business called Remedy Intelligent Staffing, which she did not.
           
Bowers filed similar false returns for the tax years 2012-2014 falsely claiming to work at businesses including Buffalo Civic Management, Complete Personnel Solutions, and once again Remedy Intelligent Staffing.
           
The conspiracy resulted in a loss of $42,087 to the IRS. 
           
Charges are pending against Emmanuel Collins. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. 

The plea is the culmination of an investigation led by 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 September 20, 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 Damone Robertson-Burts, 35, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, and maintaining a drug-involved premiseswas sentenced to serve 48 months in prison by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on August 10, 2017, officers executed a federal search warrant at the defendant’s residence at 57 Roosevelt Avenue, after previously making three controlled buys of cocaine from the defendant. During the execution of the search warrant, officers recovered two packages of powder cocaine, $3,978 in cash, two digital scales with cocaine residue, a sifter with cocaine residue, and assorted ammunition.         
           
            The sentencing is the result of an investigation by 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larry Smith, Jr., 39, of Buffalo, NY, pleaded guilty before Chief U.S District Judge Frank P. Geraci, Jr. to possession with intent to distribute, and distribution of, 28 grams or more of crack cocaine. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between June 9 and July 27, 2017, the defendant sold crack cocaine to an individual working with the Drug Enforcement Administration on four occasions. In addition, on October 5, 2017, DEA agents recovered approximately 150 grams of crack cocaine in Smith’s residence at 56 Burgard Place in Buffalo.

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

Sentencing is scheduled for October 18, 2018, at 10:00 a.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 Jeffrey Bernecky, 30, of Pittsford, NY, who was convicted of possession of child pornography depicting prepubescent minors, was sentenced to serve 10 years in federal prison and 10 years supervised release by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that in 2012, Bernecky was convicted of possession and distribution of child pornography and sentenced to serve five years in federal prison. The defendant was released in 2016 and began a 15-year period of supervised release, administered by the United States Probation Department.  On December 8, 2017, during a routine inspection, probation officers discovered that Bernecky was in possession of an unauthorized smartphone. The officers seized the phone. A forensic examination recovered approximately 200 images and 25 videos depicting the sexual abuse of children. 

Today’s sentencing is the result of an investigation by the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Stanley Olejniczak, 53, of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 96 months in prison by U.S. District Judge Elizabeth A. Wolford.
            Assistant U.S. Attorney Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that between 2009 and 2016, the defendant was a member of the South Buffalo Chapter of the Kingsmen Motorcycle Club (KMC). Olejniczak admits that during the RICO conspiracy, KMC members and associates used and/or distributed marijuana, cocaine, methamphetamine, and other controlled substances in and around the South Buffalo Chapter Clubhouse. The defendant also admits that he possessed firearms, and that KMC members maintained access to and sold firearms.

On June 7, 2013, the defendant and other KMC members, including Olejniczak, forcibly shut down the Springville Chapter and stripped members of their colors because the Springville Chapter members remained loyal to the former KMC National President. Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. Olejniczak and other KMC members used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood.

Olejniczak is one of 20 KMC members and associates charged in this case. To date, 14 have been convicted, including National President David Pirk, who was recently convicted following a four month jury trial. Charges remain pending against six 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.

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that James Mazzariello, Jr., 63, and his son, Adam Mazzariello, 38, both of Alden, NY, who were convicted of conspiring to pay bribes to City of Buffalo police officers, were sentenced to serve 12 months and six months in federal prison respectively by U.S. District Judge Richard J. Arcara. James Mazzariello, Jr. was also convicted of making and subscribing a false tax return.

            Assistant U.S. Attorneys Russell T. Ippolito, Jr., and Maura K. O’Donnell, who handled the prosecution, stated that James Mazzariello, Jr. owned and operated Jim Mazz Auto, Inc. (“Jim Mazz Auto”) and National Towing, Inc. (“National Towing”). The companies were involved in all aspects of the automobile towing and repair business, including collision repair work, mechanical repair work, towing and storage work, and the sale of used automobiles. Adam Mazzariello supervised the towing services aspect of his father’s businesses. 

Between January 2009 and May 2012, Jim Mazz Auto tow truck operators, at the direction of the defendants, made payments to certain City of Buffalo police officers for their assistance in enabling the drivers to tow motor vehicles damaged in accidents in the City of Buffalo. The tow truck operators made these payments from their own personal funds and were then reimbursed by the defendants. James Mazzariello, Jr. and Adam Mazzariello also directed and authorized others to make reimbursement payments to tow truck operators for payments.  

The investigation examined and substantiated 19 different payments made by Jim Mazz Auto tow truck operators to City of Buffalo Police Officers. Approximately $500 in payments were made to City of Buffalo police officers while the gross revenue Jim Mazz Auto derived from making such payments totaled $43,022.74. The gross revenue consisted of payments made to Jim Mazz Auto for towing, as well as for mechanical and collision repair work.

In addition, James Mazzariello, Jr. filed false corporate tax returns and individual tax returns for tax years 2009 and 2010. He also significantly underreported the total amount of gross revenue for his business in order to pay less in federal taxes. The total tax loss was $125,311.

The sentencings are the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; the New York State Department of Motor Vehicles’ Division of Field Investigation, under the direction of Owen McShane, Director of Investigations; the New York State Department of Taxation and Finance Criminal Investigations Division, under the direction of Upstate Chief of Investigations Pat Simet; the New York State Department of Financial Services Criminal Investigations Unit, under the direction of Director Frank Orlando; 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 Fred Santiago, 30, of Dunkirk, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribution of, five kilograms or more of cocaine. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a $10,000,000 fine.

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

On May 2, 2017, a state search warrant was executed at the defendant’s residence on Lincoln Avenue in Dunkirk. Approximately 640 grams of cocaine was seized from a safe, and approximately 39 grams of marijuana was seized from the kitchen counter. In addition, law enforcement officers seized four drug scales, $44,000 in cash, $2,000 in money orders, a heat sealer, plastic bags, and a metal kilo drug press.

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

The plea is the culmination of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Evans Police Department, under the direction of Chief Douglas Czora; the Dunkirk Police Department, under the direction of Chief David Ortolano; and the Chautauqua County Drug Task Force, under the direction of Sheriff Joseph Gerace.

Sentencing is scheduled for September 20, 2018, 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 Loren Glen Warner, 28, of Fresno, CA, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to production of child pornography. The charges carry a mandatory minimum penalty of 15 years, a maximum of 30 years and a $250,000 fine.

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

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

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

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; the New York State Police, under the direction of Major Edward Kennedy; and the Cattaraugus County District Attorney’s Office, under the direction of Lori Rieman.

Sentencing is scheduled for October 25, 2018, at 12:00 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  Quashawn Lawrence, 24, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute 100 grams or more heroin, and possession of a defaced firearm, was sentenced to 41 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on October 20, 2015, co-defendant Jay Neal sold a quantity of heroin to a confidential source working with the Drug Enforcement Administration. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. Neal drove to the vicinity of Dodge Street and Michigan Avenue where a man later identified as defendant Lawrence exited a residence with a tan back pack and entered Neal’s vehicle. Neal drove to a residence at 87 Mariner Street in Buffalo. About an hour later, Neal and Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in cash. A search warrant executed inside 87 Mariner recovered a gun with the serial number defaced inside Lawrence’s tan back pack, another gun, ammunition and 10 grams of heroin inside a dresser drawer, and multiple scales.

Neal was previously convicted and is awaiting sentencing.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Pethrod Dunnigan, 40, of Buffalo, NY, who was convicted of conspiracy to distribute five kilograms or more or cocaine, and money laundering conspiracy, was sentenced to serve 156 months in federal prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between 2012 and March, 2016, the defendant conspired with Jose Manuel Lua-Guizar, Gerardo Ballardo, Enrique Munoz, Max Riestra, and others, to distribute cocaine and hide the proceeds from the illegal drug sales.

Co-defendants Ballardo and Lua-Guizar received shipments from California and then sold the cocaine to Dunnigan and others. The defendant paid $35,000 for each kilogram of cocaine received and then took the kilograms of cocaine to an apartment building on Delaware Avenue and store them in an abandoned apartment. 

Most of the drug proceeds were sent back to California by structured deposits made under the $10,000 reporting requirement at Bank of America branches. Dunnigan made multiple structured deposits at different Bank of America branches. The defendant and his co-conspirators accounted for over $1,000,000.00 in structured deposits in Buffalo. A ledger for structured deposits was recovered from a stash house in California. In that stash house, law enforcement officers also recovered shipping materials, 21 kilograms of cocaine, and three kilograms of heroin. On at least one occasion, the defendant shipped about $500,000 in U.S. currency to California by hiding the cash in a small refrigerator within a crate. 

A total of seven defendants have been indicted in this sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drugs to various states including New York, New Jersey, Illinois, Colorado, and Ohio. To date, four defendants have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Lopez, 27, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute, and distribution of, 100 grams or more of heroin. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine

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

At other times in October and November 2017, HSI agents observed Lopez engage in hand-to-hand transactions with suspected heroin customers. On at least one occasion, one of the customers was stopped by law enforcement and found to be in possession of suspected heroin. During a subsequent interview, the customer admitted to buying heroin from the defendant and the customer’s phone contained the defendant’s cell phone number.

Lopez was arrested on December 5, 2017. HSI agents then executed a federal search warrant at the defendant’s residence on Riverside Avenue in Buffalo. At the time of Lopez’s arrest, agents found $2,556 in cash in the pocket of the defendant’s sweatshirt, and his cellular telephone.

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

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

Sentencing is scheduled for September 25, 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 Kevin Allen, Jr, 29, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to forcible interference with a federal officer with a dangerous weapon. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.  

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on November 1, 2016, the defendant, a fugitive, was driving a vehicle on Kilhoffer Street in Buffalo when two United States Deputy Marshals attempted to pull the vehicle over. Rather than comply, Allen rammed into the two vehicles being driven by the Deputy Marshals. The Marshals were not injured but the vehicles sustained extensive damage.

The plea is the result of an investigation by the U.S. Marshals Service, under the direction of Marshal Charles Salina.

Sentencing is scheduled for September 12, 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 Michael Hildebrand, 50, of Orchard Park, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to assault within the special aircraft jurisdiction of the United States. The charge carries a maximum penalty of six months in jail and a fine of $5,000.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 20, 2017, the defendant was a passenger on a United Airlines flight from Newark, NJ to Buffalo, NY. During the flight, Hildebrand assaulted a woman by grabbing the victim’s groin area without consent.

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 Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.

Sentencing is scheduled for September 7, 2018, at 11:00 a.m. before Judge Roemer.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a seven-week trial, a federal jury has convicted Colin B. Montague, 63, of Greece, NY, of operating a continuing criminal enterprise, drug conspiracy, money laundering conspiracy and money laundering. The charges carry a minimum penalty of life in prison and a maximum fine of $20,000,000.

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

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

The defendant also owned and operated Montague Enterprise, Inc., a real estate business in Rochester. During the conspiracy, Montague laundered more than $2,350,000 in drug proceeds through bank accounts associated with the real estate business. Also, the defendant purchased six properties in the Rochester area using drug proceeds. 

A total of 20 other members of the drug trafficking organization were convicted of drug trafficking and/or money laundering offenses.

The trial verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Internal Revenue Service, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office; and the United States Marshals Service, under the direction of Marshal Charles Salina.

Sentencing is scheduled for September 18, 2018, at 3:00 p.m. before Chief United States District Judge Frank P. Geraci, Jr., who presided over the trial of the case.