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 Georgina Fisher, a/k/a Georgina Baratta, 47, of Niagara Falls, NY, who was convicted of attempting to cause a financial institution to fail to file a transaction report, was sentenced to one year probation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys MaryEllen Kresse and Russell T. Ippolito, who handled the case, stated that on January 28, 2010, the defendant traveled to four Western Union agents in Amherst and Cheektowaga to purchase money orders. At each of the four locations, Fisher purchased less than $3,000 in money orders because she knew that if she purchased $3,000 or more in money orders, she would be required to show identification, and that the Western Union agent would be required to record such identification and other specifics of her money order purchase. The total amount of the money orders purchased on January 28, 2017, was $8,000. In addition, on seven other days between January 29, 2010, and February 6, 2010, Fisher engaged in similar conduct designed to evade the reporting requirements regarding the purchase of money orders in amounts of $3,000 or more. Specifically, on each of these other dates, the defendant traveled to multiple Western Union locations, purchasing less than $3,000 in money orders at each location. The money orders purchased on these dates totaled $66,000.

The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation, under the supervision of Special Agent-in-Charge James D. Robnett.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Howard Edward Brooks, 40, of Elmira, NY, who was convicted of receipt, attempted distribution, and four counts of possession of child pornography involving prepubescent minors, was sentenced to 84 months in prison and 10 years of supervised release by U.S. District Court Judge David G. Larimer. The defendant must also register as a sex offender.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Brooks, a former teacher at the Elmira Christian Academy, was arrested in August of 2015 following the execution of a federal search warrant at his Elmira residence. During that search, FBI Agents found several digital items containing photos and videos of children as young as toddlers being raped.

When FBI Agents arrived to execute the search warrant, Brooks tried to flush several thumb drives down the toilet. The defendant stated that he did so because he saw the FBI in his driveway and knew the thumb drives contained child pornography. However, the thumb drives were recovered from the sewer under Brooks’ residence with the assistance of the Chemung County Department of Public Works. Those thumb drives were then forensically analyzed and hundreds of child pornography videos were recovered from each.  

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Arthur Clark, 29, of Buffalo, NY, who was convicted by a federal jury of conspiracy to possess with intent to distribute and to distribute marijuana, was sentenced to 24 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Laura A. Higgins and Patricia Astorga, who handled the prosecution of the case, stated that between April and September of 2015, the defendant, a courier for a commercial delivery service in Buffalo, conspired with Damarcus Hennings, Shaquata Hennings, Dashawn Abrams, Shahana Beaver and Janice Humphrey, to ship, receive, and distribute more than 50 packages containing marijuana from Denver, Colorado to Buffalo. After the marijuana was sold, the co-defendants would send the cash proceeds from their drug sales back to their marijuana source of supply in Denver.

All six defendants have been convicted in this case. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antwone K. Dean, 37, of Buffalo, NY, who was convicted of possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm in furtherance of drug trafficking, was sentenced to 120 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant is on parole for a 2001 manslaughter conviction. On November 22, 2016, New York State parole officers visited Dean’s residence on East Eagle Street for inspection.  Inside, they found the defendant, a loaded .45 caliber pistol, and a bag of powder containing fentanyl and butyryl fentanyl.

The sentencing is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; 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 four defendants pleaded guilty in connection with a large drug trafficking organization operating out of Lockport, NY:

• Ramone Westbrook, 35, of Niagara Falls NY, and Rico Freeman, 34, of Lockport NY, pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine and face a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine; • In addition, co-defendants Kurtis Washington, 27, and Darius Dix, 27, both of Lockport, NY, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine and 28 grams or more of crack cocaine which is punishable by a mandatory minimum penalty of five years in prison, a maximum of 40 years and fine of $5,000,000.

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

On May 24, 2017, federal agents executed a search warrant at Ramone Westbrook’s residence on Whitney Avenue in Niagara Falls. When agents forced entry, the defendant jumped off a second story balcony and fled from law enforcement but was captured immediately. A search of the residence recovered over a kilogram of cocaine, crack cocaine, two money counters, drug scales, and $22,295.00 in drug proceeds.

Defendants Washington and Dix were also part of the drug trafficking organization, distributing cocaine and crack cocaine in the Lockport area.

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

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

The pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, Special Agent Shane Nastoff, and Task Force Officer Eric Herrington; the Lockport Police Department, under the direction of 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 Chief Bryan DalPorto; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. 

Rico Freeman is scheduled to be sentenced on August 6th at 9:15 a.m., before U.S. District Judge Lawrence J. Vilardo. Sentencing for the remaining defendants will be scheduled at a later date. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nathanial Myers, 26, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribute 280 grams or more of crack cocaine, before Chief U.S. District Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between February and July of 2015, the defendant, along with several others, distributed crack cocaine base throughout the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. During this same time, Myers would supply the crack cocaine to his co-conspirators for further re-sale.
 
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

Sentencing is scheduled for August 9, 2018, at 10:00 a.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 Jesus Rojas, 32, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine and crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

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

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 August 20, 2018, 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 Stephanie W. Cowart, 59, of Grand Island, NY, who was convicted of theft concerning programs receiving federal funds, was sentenced to a two year term of probation and a $2,000 fine by U.S. District Judge Richard J. Arcara. In addition, Cowart’s daughter-in-law, Fredia Cowart, 28, of Niagara Falls, NY, was sentenced to one year probation for her conviction on a misdemeanor charge of theft of government funds. Stephanie and Fredia Cowart have also paid full restitution totaling approximately $17,000.  

Assistant U.S. Attorney Russell T. Ippolito, who handled the case, stated that between 1997 and July 21, 2016, Stephanie Cowart served as Executive Director of the Niagara Falls Housing Authority (NFHA), an organization that has received federal funding. Between October 2013 and January 2015, Stephanie Cowart, being an agent of a state authority, and being aided by Allen and Fredia Cowart, stole $6,000 from the NFHA.

The Niagara Area Foundation (NAF) was established in 2000 by citizens of Niagara County who were employed in the private and non-profit sectors, to provide support and charity-oriented philanthropic initiatives for residents in Niagara County. Allen and Fredia Cowart, on behalf of People and Possibilities, Inc., sought and obtained a $6,000 grant from NAF, with the assistance of Stephanie Cowart. The money was to be used for “A Better Me,” a project that was to “teach children and youth the importance of proper etiquette, what bullying is and what they can do about it and to teach educational empowerment tools.” The NAF grant proceeds for the “A Better Me” project were deposited directly into the NFHA’s operating account. The NFHA then paid Allen and Fredia Cowart for work purportedly done on the project. However, Allen and Fredia Cowart never actually conducted any presentations related to the “A Better Me” project.

In addition, between October 2013 and June 2014, aided by his mother, Allen Cowart defrauded the NFHA and the New York Office of Children and Family Services (NYOCFS). Allen Cowart falsely claimed that he was performing the work of two teachers under the Advantage After School Program and was paid more than two times the normal hourly pay rate for one teacher position. The Advantage After School Program is funded, in part, through a contribution of federal Temporary Assistance to Needy Families (TANF) funds to New York State.

Allen Cowart was appointed to the temporary position of Teacher, under the Advantage After School Program, October 1, 2013 for the duration of the school year. The salary associated with this appointment was $23 an hour. However, Stephanie Cowart directed that effective October 23, 2013, her son was to be paid an hourly rate of $50. During the time period that Allen Cowart was paid a $50 hourly pay rate, he received $11,583 more than he would have, had he been paid the $23 hourly pay rate.

Allen Cowart was previously convicted and is scheduled to be sentenced on July 9, 2018.

“In stealing public funds, the defendant put her own interests ahead not only of taxpayers but of the very people she was supposed to be helping,” said U.S. Attorney Kennedy. “Fortunately, not all public servants are similarly motivated, and those who abuse their positions of trust, such as Cowart, can be brought to justice by those who, like our state and federal law enforcement officers who worked this case, faithfully serve the public with honor and integrity.” 

“Public corruption is the FBI’s top criminal investigative priority because it poses a fundamental threat to the way government and communities operate every day,” said Kevin P. Lyons, Acting Special Agent-in-Charge of the FBI’s Buffalo Division. “When Stephanie Cowart used her power as the Executive Director of the Niagara Falls Housing Authority to steal money entrusted to her, she failed the people she was hired to serve.”

Today’s sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Office of New York State Comptroller Thomas P. DiNapoli, Division of Investigations.

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 Hicks, a/k/a Boog, a/k/a Boogy, 33, of Buffalo, NY, was convicted after a jury trial of racketeering conspiracy. The charge carries a maximum penalty of 20 years in prison.  The defendant was convicted by a prior jury of conspiracy to distribute marijuana, which carries a maximum penalty of 10 years in prison and faces a maximum aggregate of 30 years in prison when sentenced.

Assistant U.S. Attorneys Paul Parisi and Wei Xiang, who handled the prosecution of the case, stated that Hicks was a member of the Schuele Boys Gang which operated in the Schuele Street area of the East Side of Buffalo. The gang is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.

As a member, the defendant was the Buffalo-based main point of contact for the gang’s cocaine and marijuana supplier, Julio Contreras of McAllen, Texas. Hicks’s co-defendant, Roderick Arrington, was previously convicted following a jury trial in 2017 of the shooting murder of Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens in Buffalo on August 30, 2012. Hicks, Arrington, and other Schuele Boys members believed that Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier. Arrington was sentenced to life in prison for murder in aid of racketeering.

“Working with our federal, state, and local partners, this office has gone on the offense against violent street gangs in Buffalo,” said U.S. Attorney Kennedy. “From the West side to the East side and from North Buffalo to South Buffalo, we are using the RICO statute systematically to dismantle these violent organizations and lock-up their members for lengthy prison sentences. We will continue to be relentless in our pursuit of these criminal enterprises, and we will not rest until those who are attracted to these gangs realize that in joining them, they are simply signing up for a spot on the losing team.”

Hicks is one of 28 Schuele Boys Gang members and associates to be charged in this case and the final defendant to be convicted. 

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Danielle Hamilton, 29, of Cheektowaga, NY, who was convicted of conspiracy to commit access device fraud and aggravated identity theft, was sentenced by U.S. District Judge Lawrence J. Vilardo to 36 months in prison. Hamilton was also ordered to pay approximately $300,000 in restitution.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between October 2013 and January 2014, the defendant and others, including Ricky Butler and Teria Baker, traveled to Walmart stores and other retail establishments in Western New York and Pennsylvania, where they used unauthorized credit cards. The defendants, who knew that the credit cards had been obtained by means of fraud and without the true account holder’s knowledge or authority, purchased and attempted to purchase, $500 store gift cards and other merchandise totaling in excess of $300,000. 

Ricky Butler was previously convicted and is awaiting sentencing.  Teria Baker was convicted and sentenced to 34 months in prison.

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Delany E. De Leon-Colon of the Boston Division, and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Middlebrooks, 22, Nasir Perez, 20, and Deborah Siegel-Edelman, 21, all of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to aiding and abetting Hobbs Act Robbery. Middlebrooks and Perez pleaded guilty to five counts, Siegel-Edelman to four counts. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Defendants Middlebrooks and Perez also pleaded guilty to aiding and abetting the possession of a firearm that was discharged during a crime of violence, which is punishable by a mandatory minimum penalty of 10 years in prison and a maximum of life in prison. 

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

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

Today’s pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Middlebrooks, Perez, and Siegel-Edelman are all scheduled to be sentenced on August 8, 2018, before Judge Wolford. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Craig Jerabeck, 57, of Rochester, NY pleaded guilty to conspiracy to commit wire fraud and filing a false tax return 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. Attorneys Richard A. Resnick and Craig R. Gestring who are handling the prosecution of the case, stated that in 2001, the defendant, along with co-defendants Jeb Tyler and Jason Guck, started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester. The company offered utility and telecommunications services, health insurance, nutritional supplements, and business services. 5LINX utilized 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 also a Vice President. In June 2006 and July 2006, Jerabeck, Tyler 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").

Between May 2010 and April 2016, 5LINX sold and distributed products for a Florida vendor. As part of his plea agreement, Jarabeck admitted that he, together with Guck and Tyler, personally, and by companies they owned, received approximately $2,310,510 from a Florida vendor, without the knowledge of the 5LINX’s Investors, Board of Directors, or other stockholders. Jerabeck further admitted that he, Guck, and Tyler were each prohibited from receiving such money by their Stockholders Agreements. 5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders, were entitled to and should have received the funds instead of Jerabeck, Guck, and Tyler.

In addition, Jerabeck provided false information on his personal tax returns for the years 2011 through 2013, and 2015. The defendant failed to report income he received from 5LINX, and took deductions to which he was not entitled, that is, commissions that were not paid.  The false returns resulted in a tax loss to the Internal Revenue Service of approximately $118,628.

As part of his plea, Jerabeck has agreed to forfeit his interest in real property at 90 East Lake Road, in Middlesex, NY.

“For many years, this defendant consistently lied to vendors, creditors, and stockholders, as he systematically lined his pockets with millions of dollars meant for those who invested in his company,” stated U.S. Attorney Kennedy. “In addition, the defendant lied to the Internal Revenue Service and defrauded American taxpayers by failing to pay tens of thousands of dollars owed in taxes. Today’s plea should serve as a reminder to those who seek to enrich themselves through acts of dishonesty and fraud that their gains will be short-lived. This Office, together with our law enforcement partners, will work tirelessly to ensure that the final return paid to those who engage in financial fraud will be justice in the form of a federal prison sentence.” 

The defendants were charged in a superseding indictment in September 2017. Charges are pending against Jeb Tyler and 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.  

The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.

Sentencing will be scheduled at a later date before Judge Larimer.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Chanel Riggs, 27, of Lockport, NY, was arrested and charged by criminal complaint with threatening a witness scheduled to testify in a trial. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, Riggs is the girlfriend of defendant Rico Freeman who is facing drug conspiracy charges and scheduled to go to trial on May 8, 2018. Late on April 26, 2018, Riggs called a witness for the Government and threatened to kill the witness and the witness’s child by putting a bullet through their head. Riggs further told the witness that she knew the witness was “snitching.” During a follow up recorded phone call, Riggs threatened the witness by saying, “(expletive) you had to have cooperated. It’s black and white that you told.”

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a preliminary hearing scheduled for May 10, 2018 at 11 a.m.

The criminal complaint is the result of an investigation by: the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Niagara County Drug Task Force, under the direction of Sheriff James Votour; and the Lockport Police Department, under the direction of Chief Michael Niethe.

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 Shawn Incornaia, 31, of Buffalo, NY, who was convicted of possession of firearms in furtherance of drug trafficking activity and possession with intent to distribute heroin, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on March 5, 2015, the Buffalo Police Department executed a search warrant at the defendant’s Herkimer Street residence. During the search, officers recovered four firearms, 12 grams of heroin, drug paraphernalia, and a $1,000 in cash. Incorvaia was arrested at the scene.

The sentencing is the culmination of an investigation by 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.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shamar R. Chester, 42, of Rochester, NY, who was convicted of failing to register as a sex offender, was sentenced to 21 months in prison and five years supervised release by U.S. District Judge Elizabeth A. Wolford. 

Assistant U.S. Attorney John J. Field, who handling the case, stated that Chester was convicted in 2007 in Washington, DC, of committing a sex crime involving a child. As a result, the defendant was required to register as a sex offender and keep that registration updated. In March 2015, Chester moved from Washington, DC, to Rochester, NY, but failed to register as a sex offender in New York State. The defendant also failed to notify the authorities in Washington, DC, that he had moved to Rochester.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Ludwig, 45, of Fairport, NY, pleaded guilty to theft of mail matter by a postal employee before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that on December 27, 2017, the U.S. Postal Service, Office of Inspector General, received information about mail thefts at the Victor, NY Post Office. Postal managers reported receiving multiple complaints of missing mail from postal customers. All of the complaints came from Victor City Route 01. The defendant was identified as the assigned carrier during the time the mail went missing.

A subsequent investigation determined that all the customers reported missing mail which contained either cash or gift cards, some of which were mailed to the victims, while other missing items were stamped and addressed to others and placed in the mailbox for pick up by the letter carrier. One victim, who reported a specific retail store gift card missing, retained the gift card identification number and determined that the stolen gift card was redeemed at a local store in the Rochester area. The retailer was able to identify the person who redeemed the stolen gift card.

During the investigation, Postal OIG Special Agents conducted surveillance of Ludwig while he carried out his postal duties. The defendant was electronically tracked to deviate from his assigned postal route, and to travel to the residential address of the individual who redeemed the stolen gift card. Also during the investigation, agents placed a piece of outgoing mail in a mailbox along City Route 01 which contained two $25 Wegmans store gift cards. It was subsequently determined that the gift cards were used by the defendant.

Postal OIG Special Agents also installed a surveillance video camera in the Postal Service government vehicle operated by Ludwig during the course of his official duties as a letter carrier. A review of that surveillance video found the defendant picking envelopes that appeared to contain greeting cards out of his assigned load, opening the envelopes, and removing items from inside the envelopes. Additionally, the surveillance video showed that while on duty, Ludwig was observed preparing two lines of a white powdery substance, which he appeared to ingest nasally through the use of a rolled dollar bill.

The plea is the culmination of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely.

Sentencing is scheduled for August 6, 2018, at 3:00 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 Nolan Donald, 19, of Lyndonville, NY, was arrested and charged by criminal complaint with possession of marijuana with intent to distribute and being an unlawful user in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, between February 17, 2018, and April 18, 2018, the defendant posted videos and photos to the social media application "Snapchat" in which he appeared to be in possession of a pistol and large quantities of marijuana, and using what appeared to be marijuana and prescription medicine.

On April 18, 2018, Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a federal search warrant at Donald’s North Lyndonville Road residence. Agents recovered a pistol with an obliterated serial number, which was loaded with eight rounds of ammunition, and a 12-gauge shotgun. A small quantity of suspected marijuana, suspected edible marijuana cookies, plastic baggies and ammunition for a shotgun were also recovered.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions pending a detention hearing on April 27, 2018.

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brendon Allan Young, 35, of Rochester, NY, who was convicted of production, distribution and possession of child pornography, was sentenced to 35 years in prison and 20 years supervised release by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that between 2012 and 2017, Young sexually abused a minor female, beginning when the child was only four or five years old. By the time the victim turned nine years old, the defendant produced child pornography depicting the victim, which he uploaded and traded via the internet. The victim’s images were ultimately found in the United Kingdom when British authorities arrested a perpetrator in that country during a child pornography sting. Using information found on the British suspect’s computer, British authorities contacted the National Center for Missing and Exploited Children in Washington, D.C., which was relayed the information to Homeland Security Investigations (HSI) in Buffalo, NY. Within days, using metadata associated with the images, HSI Agents located the victim in Rochester, NY.

At the same time, the Rochester Police Department and Monroe County Child Protective Services had begun an investigation after the victim made a disclosure of sexual abuse to a friend’s mother. HSI Agents, the Rochester Police Department, and Child Protectives engaged in a joint investigation that led to Young’s arrest by both state and federal authorities. On November 1, 2017, the defendant was sentenced to 30 years in State Court.

“This sort of depravity deserves extended captivity,” stated U.S. Attorney Kennedy.  “While a long sentence such as this cannot undo the harm suffered by the victims of the defendant’s brutal conduct, it can protect other children by ensuring that the defendant cannot have future access to them.”

“This investigation is a perfect example of the international law enforcement community’s cooperation in cases involving child exploitation and victim identification, said HSI Buffalo Special Agent-in-Charge Kevin Kelly. “In addition, we coordinated with our partners at the National Center for Missing and Exploited Children to identify and bring this subject to justice and remove him as a threat to our community.”

Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; Monroe County Child Protective Services, the Bivona Child Advocacy Center, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley. 

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Catherine Jarrett, 45 of Buffalo, NY, who was convicted of conspiracy to commit access device fraud, was sentenced by U.S. District Judge Richard J. Arcara to 18 months in prison. The defendant was also ordered to pay approximately $481,000 in restitution.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between December 2013 and February 2014, Jarrett conspired with others, including Ricky Butler, and her son, Randy Jarrett, fraudulently to obtain and use unauthorized access devices, namely credit cards, without the knowledge or authorization of the true account holders. Co-conspirator Ricky Butler used the true account holder’s personal identifying information and account access information to contact financial institutions and have new or replacement credit cards issued to addresses in the Western District of New York. The defendant rented two minivans for Ricky Butler to drive to Walmart locations and other retail establishments where the fraudulently obtained credit cards were used to make, and attempt to make, purchases totaling over $570,000. These purchases included $500 Walmart gift cards.  As part of the conspiracy, Jarrett and her son Randy Jarrett sold Walmart gift cards for Butler for less than their face value, typically $250 for a $500 gift card.

Ricky Butler was previously convicted and is awaiting sentencing. Randy Jarrett was previously convicted and sentenced to 21 months in prison.

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of acting Inspector-in-Charge Ray Moss of the Boston Division; and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew S. Jones, 33, and Beau K.C. Jones, 31, both of Jamestown, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to possess with intent to distribute, and distribution of, methamphetamine. Matthew S. Jones pleaded guilty to a conspiracy involving five grams or more of methamphetamine and faces a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine. His brother, Beau K.C. Jones, pleaded guilty to a conspiracy involving 50 grams or more of methamphetamine and faces a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

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

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

Sentencing for Matthew S. Jones is scheduled for July 30, 2018. Sentencing for Beau K.C. Jones is schedule for August 7, 2018.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that 86 individuals in the Buffalo and Rochester areas, who were recently released from prison following a period of incarceration, have completed job readiness training programs aimed at securing future employment and preventing recidivism and a return to prison:

• 21 individuals were certified in operating a forklift at Buffalo Material Handling; • 25 individuals were certified in asbestos removal at Environmental Education Associates; and
• 40 individuals completed a 10 hour Occupational Safety and Health Administration (OSHA) construction safety and health course through Core Safety Group. 

            President Donald Trump declared April 2018 as Second Chance Month. According to a proclamation issued by President Trump, this month “our Nation emphasizes the need to prevent crime on our streets, to respect the rule of law by prosecuting individuals who break the law, and to provide opportunities for people with criminal records to earn an honest second chance. Affording those who have been held accountable for their crimes an opportunity to become contributing members of society is a critical element of criminal justice that can reduce our crime rates and prison populations, decrease burdens to the American taxpayer, and make America safer.”

            “Working with our partners in federal, state, and local law enforcement, we here at the United States Attorney’s Office have re-doubled our efforts to restore respect for the rule of law in every corner of our community by aggressively prosecuting those who violate the law,” noted U.S. Attorney Kennedy. “As a result, our prosecutions are up, and crime is down. At the same time, however, we also recognize that respect is a two-way street. To show our respect for the community and all of its members—including even those whom we may have previously prosecuted—we decided to put our money where our mouth is. We took $20,000 from our own budget to pay for job training for convicts getting released from prison. The return on our investment has been remarkable, as those who are able to find meaningful employment are far less likely to commit future crimes, thereby becoming a future burden on taxpayers. The average price tag to incarcerate someone is roughly $40,000 to $60,000 per year. Through this program, we are saving both money and lives, while at the same time strengthening the bonds of mutual respect that hold us together as a community.”  

The programs receiving funds are monitored by Jason Flores, the Crime Prevention and Re-Entry Coordinator for the U.S. Attorney’s Office in Buffalo.

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Dontrell Wise, 32, and Lamario Jones, 31, both of Buffalo, NY, with conspiracy to possess with intent to distribute heroin, butyryl fentanyl, fentanyl, cocaine, and crack cocaine. The indictment alleges that the conspiracy generally, and Wise specifically, between mid-November of 2017 and November 23, 2017, distributed fentanyl which caused the death of an individual identified as A.J. The “death results” charges are punishable by a mandatory minimum penalty of 20 years in prison, a maximum of life and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that a third co-defendant, Jerell Weathersby pleaded guilty to possession with intent to distribute butyryl fentanyl which carries a maximum penalty of 20 years in prison. 
           
            The superseding indictment is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Randy Rance, 57, of Tonawanda, NY, who was convicted of possession of child pornography, was sentenced to five years in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in December 2016, the defendant distributed child pornography to an undercover investigator.  In January 2017, the Town of Tonawanda Police Department seized the Rance’s computer.  Forensic examination determined that the defendant was in possession of over 1,000,000 images of child pornography, some of which depicted prepubescent children less than 12 years of age.

The sentencing is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief Jerome Uschold, and the Federal Bureau of Investigation under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph M. Gullotti, 57, of Jamestown, NY, pleaded guilty to food stamp benefits fraud before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

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

The plea is the result of an investigation by the U.S. Department of Agriculture, under the direction of Special Agent-in-Charge Bethanne M. Dinkins; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Jamestown Police Department, under the direction of Chief Harry Snellings.

Sentencing is scheduled for August 23, 2018, at 11:00 a.m. before Judge Wolford.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Abdul Rasheed, 36, of Rochester, NY, was convicted after a jury trial of escaping from federal custody. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

Assistant U.S. Attorney, Kyle Rossi, who handled the prosecution of the case, stated that on March 27, 2016, the defendant, following a federal felony conviction in the Western District of New York, was sentenced to 12 months in prison. Rasheed served his prison sentence at United States Penitentiary Lee, located in Jonesville, Virginia.  Near the end of his prison term, the defendant was offered the opportunity to complete the incarceration portion of his sentence at the Volunteers of America Residential Reentry Center, commonly referred to as a “halfway house,” located at 175 Ward Street in Rochester. After being released from USP Lee, Rasheed absconded and never appeared at the Volunteers of America. The defendant remained at large until he was arrested on October 29, 2016, in Pittsburgh, PA.

Pennsylvania authorities allege that, following his escape but prior to his apprehension, Rasheed shot two individuals, killing one, during an attempted robbery. He defendant is under indictment in Pennsylvania and is scheduled to go to trial on murder and other charges on May 29, 2018, in Allegheny County, PA.

The trial verdict is the result of an investigation by the United States Marshals Service in Rochester, under the direction of Marshal Charles Salina, and the United States Bureau of Prisons, USP Lee. 

Sentencing is scheduled for July 19, 2018, before Judge Charles J. Siragusa who presided over the trial of the case.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Antoine Edwards, 42, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of drug trafficking and possession with intent to distribute cocaine, was sentenced to 66 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on July 9, 2016, Buffalo Police Officers responded to a shots fired call in Buffalo. A female caller reported that a male fired a gun into the air and then fled. When officers arrived at the scene, the caller identified the shooter as the defendant and gave the officers his address, and a description of his vehicle, as well as a physical description. The woman stated that she and Edwards were arguing when he fired shots in the air.

Later that night, officers saw the defendant’s car and performed an investigative stop. As they approached the vehicle, officers saw three open liquor bottles in the center console, a cup and a black Taser box. Officers asked the defendant if he had any weapons in the car and the defendant responded that he had a Taser. Edwards was removed from the car and the Taser was taken away.

A drawstring bag on the driver’s seat contained a loaded gun, powder cocaine, and a scale containing white residue. 

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, 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 Rashawn Brown, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, crack cocaine and fentanyl. The charge carries a maximum penalty of 30 years in prison and a $20,000,000 fine. 

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

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

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

Sentencing is scheduled for August 1, 2018, 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 Umar Adeyola, 48, of Amherst, NY, pleaded guilty to conspiracy to commit health care fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendant founded, organized, and managed the HEART Foundation, a not-for-profit organization intended to assist area youths, and Heart Community Alliance (“HCA”), a related for-profit organization, intended to provide clinical services, such as counseling and psychotherapy, to youths. Through his role with those organizations, Adeyola engaged in two major fraud schemes.

The first scheme involved attempts by the defendant, on behalf of HCA, to defraud private insurance companies Blue Cross Blue Shield, Independent Health, and Univera. Adeyola arranged for the submission of false and fraudulent bills for office visits using the names and/or provider numbers of healthcare providers who had not actually rendered the services claimed. The bills falsely represented that the services had been rendered by properly licensed and credentialed social workers when, in fact, the services had actually been provided by other individuals, including interns. The scheme included the submission to the same insurance companies of bills for services which purported to have been rendered by a social worker who was actually hospitalized and/or deceased on the dates of service claimed. 

In addition, Adeyola falsified documents in response to an audit of HCA by Independent Health. During the course of the audit, the defendant made materially false statements to representatives of Independent Health, with respect to the deceased social worker who he claimed had rendered services at HCA. 

The second scheme involved Adeyola’s theft of government funds in the form a federally funded grant received by the Heart Foundation. Specifically, in April 2013, the Heart Foundation was selected to be a recipient of a Department of Labor grant, administered by the Latino Coalition, an entity in California.  Adeyola submitted in excess of 30 false and fraudulent reimbursement requests for grant funds, resulting in payment of approximately $135,000 to the Heart Foundation.
        
The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Peter Nozka, Acting Special Agent-in-Charge of the New York Region; the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent in Charge Scott Lampert.

Sentencing is scheduled for July 23, 2018, 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 Steve S. Jabar, of Tonawanda, NY, who was convicted following a jury trial of conspiracy to commit wire fraud, wire fraud and making false statements, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Marie P. Grisanti and MaryEllen Kresse, who prosecuted the case, stated that Jabar, and co-defendant Deborah Bowers, founded a not for profit organization OKI, Opportunities for Kids International, Inc. In June 2004, Jabar and Bowers, through OKI, applied for and received a $500,000 grant from United Nations to create, maintain and operate a radio station in Iraq. The mission of the radio station was to further women’s rights issues in Iraq.

Within 24 hours of receiving a portion of the grant money, the defendants began to divert some of the funding for their own personal use. Jabar and Bowers diverted more than $65,000 for their own personal use. Jabar used some of the funding to pay off personal debts, including the payment of property taxes owed on his residence and business, as well as mortgage, utility, credit card payments and personal loan payments. Bowers also utilized some of the funding to pay personal credit card debt and make mortgage payments.

During the investigation, the defendants made false statement to investigator with the Internal Revenue Service in order to conceal with criminal behavior.    

Deborah Bowers is awaiting sentencing.

“Following a five-week trial, a jury returned a verdict convicting defendant Jabar of conspiring to commit wire fraud, engaging in wire fraud, and making materially false statements,” said U.S. Attorney Kennedy. “Notwithstanding that verdict, the trial judge found that the government’s evidence regarding harm to be lacking such that defendant’s wire fraud convictions could not be sustained. Notably, however, the Court found no infirmity in the defendant’s conviction for making a materially false statement to Special Agents of the Internal Revenue Service and the Federal Bureau of Investigation. That statement came when the defendant falsely told agents that the entire $350,000 grant from the United Nations was sent to Iraq for the radio station, with the exception of expenses totaling no more than $10,000. In truth and in fact, however, the defendant used tens of thousands of dollars of the UNIFEM grant money to pay his personal loans and expenses.  Such monies were not sent to Iraq for purposes of the radio station. Despite the defendant’s criticism of the government, his anger is misplaced. The only person he has to be mad at is himself. The job of the prosecutors in my Office and the job of our law enforcement partners is impartially to enforce the law. That is precisely what happened here—nothing more and nothing less. I commend Assistant United States Attorneys Marie Grisanti and Mary Ellen Kresse and the fine men and women of the IRS and the FBI for their efforts in this case. The defendant could have avoided this entire ordeal simply by being completely honest, forthright, and transparent in all of his dealings with the government. His refusal to do that is precisely what landed him before a federal judge for sentencing today.”

Today’s sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Yount, 46, of Lancaster, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to making a materially false statement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

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

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

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

“The Great Lakes, the Niagara River, and its tributaries are among the most precious natural resources in our community,” stated U.S. Attorney Kennedy. “We will continue to work vigilantly with our federal, state, and local partners to preserve and protect those valuable resources and to prosecute those whose actions bring them harm.”

“The failure of this defendant to supply accurate and timely information on this spill delayed a speedy response to rectify this environmental threat,” said NYS-DEC Commissioner Basil Seggos. “DEC’s spill response experts are on the frontlines every day protecting New Yorkers when incidents happen and need correct information to guide on-the-ground remediation efforts. I applaud the work of our DEC Investigators, the United States Attorney’s Office for the Western District of New York and the Environmental Protection Agency for bringing this case to fruition.”

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

Sentencing is scheduled for August 23, 2018 at 3:00 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 Clarence Adams, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 250 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on May 13, 2016, law enforcement officers seized three packages containing cocaine that were shipped from Texas to Buffalo. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set-up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo. The packages contained a total of five kilograms of cocaine. Adams recruited five individuals to receive the packages. He and co-defendant Robert Hall paid those receiving the packages in money or crack cocaine. A total of 19 packages were shipped from Texas to Buffalo, and each package contained at least one kilogram of cocaine. 

Robert Hall 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; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; and the Cheektowaga Police Department, under the direction of Chief David Zack. 

Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney James P. Kennedy, Jr. announced today that Dorian Wills, 52, of Buffalo, NY, pleaded guilty to tax evasion before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

According to documents and information provided to the court, between April 2010 and October 2013, the defendant operated a debt collection business under various names, including Heritage Capital Services LLC; Performance Payment Processing LLC; Performance Payment Service LLC; Pinnacle Payment Service LLC; and Velocity Payment Solutions LLC. Wills resided in the Western District of New York but spent significant time in Cleveland, Ohio, and Atlanta, Georgia, where the debt collection companies were located. From approximately November 2010 through approximately October 2013, the defendant operated a business called Freestar World LLC, through which he did work for the debt collection companies.

The debt collection companies engaged in illegal debt collection practices such as making threatening and harassing phone calls, and collecting on debt that did not exist or debt to which the debt collection companies did not have title. To avoid detection by state and federal law enforcement authorities, Wills solicited two individuals to assist him with his businesses.

The defendant had these individuals incorporate several debt collection companies in Georgia and Ohio, open dozens of bank accounts in the names of the debt collection companies, and submit applications for merchant accounts in the names of the debt collection companies.

Between 2010 and 2013, none of the debt collection companies filed a tax return. In addition, Wills failed to file his 2011 and 2013 personal income tax returns, despite some of the debt collection companies earning approximately $4,000,000 in gross receipts.

For the tax year 2012, the defendant filed a personal income tax return but the return did not include income information from any businesses, some of which earned nearly $5,000,000 in gross receipts in 2012, except for Freestar.

As a result of unreported income and the unpaid 2012 taxes, the defendant owes $1,209,537.88 in federal income taxes for tax years 2011 through 2013.

Previously, Wills and the debt collection companies were the subject of a civil investigation by the Federal Trade Commission, with the defendant and the FTC stipulating to a final order for permanent injunction on August 8, 2014. 

U.S. District Judge Elizabeth A. Wolford scheduled sentencing for Aug. 23, 2018.  Wills faces a statutory maximum sentence of five years in prison.  He also faces a period of supervised release, restitution and monetary penalties.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division announced today that Dorian Wills, 52, of Buffalo, NY, pleaded guilty to tax evasion before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 

According to documents and information provided to the court, between April 2010 and October 2013, the defendant operated a debt collection business under various names, including Heritage Capital Services LLC; Performance Payment Processing LLC; Performance Payment Service LLC; Pinnacle Payment Service LLC; and Velocity Payment Solutions LLC. Wills resided in the Western District of New York but spent significant time in Cleveland, Ohio, and Atlanta, Georgia, where the debt collection companies were located. From approximately November 2010 through approximately October 2013, the defendant operated a business called Freestar World LLC, through which he did work for the debt collection companies.

The debt collection companies engaged in illegal debt collection practices such as making threatening and harassing phone calls, and collecting on debt that did not exist or debt to which the debt collection companies did not have title. To avoid detection by state and federal law enforcement authorities, Wills solicited two individuals to assist him with his businesses.

The defendant had these individuals incorporate several debt collection companies in Georgia and Ohio, open dozens of bank accounts in the names of the debt collection companies, and submit applications for merchant accounts in the names of the debt collection companies.

Between 2010 and 2013, none of the debt collection companies filed a tax return. In addition, Wills failed to file his 2011 and 2013 personal income tax returns, despite some of the debt collection companies earning approximately $4,000,000 in gross receipts.

For the tax year 2012, the defendant filed a personal income tax return but the return did not include income information from any businesses, some of which earned nearly $5,000,000 in gross receipts in 2012, except for Freestar.

As a result of unreported income and the unpaid 2012 taxes, the defendant owes $1,209,537.88 in federal income taxes for tax years 2011 through 2013.

Previously, Wills and the debt collection companies were the subject of a civil investigation by the Federal Trade Commission, with the defendant and the FTC stipulating to a final order for permanent injunction on August 8, 2014. 
           
Judge Wolford scheduled sentencing for Aug. 23, 2018. Wills faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release, restitution and monetary penalties.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shaheen Hassanali, 45, and her husband, Riyaz Hassanali, 57, both of Williamsville, NY, were each sentenced to one year probation by U.S. District Judge Richard J. Arcara. Shaneen Hassanali, who was convicted filing a false tax return, was also ordered to pay restitution totaling $248,606 to the Internal Revenue Service. Riyaz Hassanali was convicted of receiving and delivering misbranded drugs.

Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that for the tax years 2006-2009, Shaheen Hassanali filed false joint income tax returns for herself and her husband. The defendant substantially under-reported the income earned from her husband’s medical practice.

In addition, between 2009 and 2011, Riyaz Hassanali ordered, and administered to patients, a misbranded, and non-FDA approved, foreign market product, similar to the prescription drug Dysport, a prescription drug commonly used in cosmetic procedures.

The sentencings are the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the U.S. Food and Drug Administration, Office of Criminal Investigations, under the direction of Jeffrey Ebersole, Special Agent-in- New York Field Office.

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 Giokas, 58, of Clarence, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to wire fraud for defrauding numerous clients of his investment advisory firm out of hundreds of thousands of dollars. The charge carries a maximum penalty of 20 years in prison. 

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that the defendant was a financial advisor and president of Giokas Wealth Advisors, located in Clarence. In that role, Giokas provided financial advisory services to more than 40 individual clients.

Between May 2017 and October 2017, the defendant persuaded certain clients to withdraw money from their investment accounts at Nationwide Mutual Insurance Company and invest the money in a company called Trinity Council, LLC. Giokas claimed that Trinity Council was a fund that invested in private corporations; that investments were guaranteed to earn interest between eight and nine percent per year; and that investment principal was guaranteed. The defendant also provided a fraudulent promissory note to one of his clients to convince the client that his investment in Trinity Council was legitimate.

Trinity Council was actually a shell company that engaged in no investment or business activity. Giokas was the sole member and only owner of Trinity Council, and the only person with signature authority on its bank accounts, which the defendant opened for the purpose of executing this scheme to defraud.
In a separate scheme, between 2015 and October 2017, Giokas prompted Nationwide to transfer money from his clients’ Nationwide accounts to the defendant under the guise of “fee requests.” Giokas claimed that he was entitled to the requested money as investment advisory fees, despite the fact that the requested amounts greatly exceeded what the defendant was entitled to pursuant to his fee agreements with his clients.

As a result of the two schemes, Giokas defrauded clients out of $1,473,396. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

Sentencing is scheduled for July 20, 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 Dominique McDowell, 26, of Tonawanda, NY, pleaded guilty to possession with intent to distribute, and distribution of butyryl fentanyl and U-47700, before U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the investigation began with the overdose death of an individual in the Town of Amherst. Subsequent investigation determined that between March 30, 2017, and April 18, 2017, the defendant sold butyryl fentanyl and U-47700 to undercover law enforcement officers on five separate occasions in the Town of Amherst and Tonawanda. In addition, between December 2016 and April 18, 2017, McDowell sold heroin to confidential sources on multiple occasions.   

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 Amherst Police Department, under the direction of Chief John C. Askey; the Tonawanda Police Department, under the direction of Chief Jerome Uschold; and the New York State Police, under the direction of Major Edward Kennedy.

Sentencing is scheduled for July 28, 2018, 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 Dakkar Young, 23, of Tonawanda, NY, pleaded guilty to distribution of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

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

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

Sentencing is scheduled for July 27, 2018, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, NY — As the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions yesterday announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.

“Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. “It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home.”

“All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment,” said Secretary Ben Carson. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination.”

“It is fitting that we acknowledge the 50th Anniversary of the Fair Housing Act by announcing this initiative to increase awareness and reporting of sexual harassment in housing,” stated U.S. Attorney Kennedy. “No one should live in fear of unwanted sexual advances or attacks, nor should they fear losing their homes if they report such activities.  All people have the right to feel safe in their own home. My Office, with our federal partners, will continue to do all that we can to protect that right and to bring to justice those whose behavior endangers it.”   

In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in Washington, D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault services providers, and shelters.  The Department also tested certain aspects of the initiative in other jurisdictions, including New Jersey, the Central District of California, Massachusetts, Vermont, and Michigan.

The two pilot programs generated an upswing in harassment reporting to the Department from both D.C. and the Western District of Virginia. In D.C., the Department generated six leads since the October 2017 launch. In Virginia, the Department generated three leads. While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results—when extrapolated across all the U.S. Attorney’s Offices across the country—could lead to hundreds of new reports of sexual harassment in housing across the country.

Because of these promising results, the Department is rolling out three major components to the Initiative.
First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.

Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.

Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.

More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777.  If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.

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 23-count indictment charging four defendants with conspiracy to distribute one kilogram or more of heroin and 400 grams or more of fentanyl.  Charged in the conspiracy are:

• Robert Moore, a/k/a Fonz, a/k/a Charmy, 39 of Williamsville, NY; • Reese Moore, a/k/a Detroit, 25 of Buffalo; NY
• Kevin Abernathy, a/k/a B, 31 also of Buffalo; and
• Joshua Levine, 21 of Lancaster, NY. 

Robert Moore is also charged with five counts of causing death from the distribution of heroin and/or fentanyl and 12 counts of possession with intent to distribute, and distribution, of heroin, fentanyl, and butyryl fentanyl. Joshua Levine is charged with one count of causing death from the distribution of heroin and fentanyl and two counts of possession with intent to distribute, and distribution, of fentanyl. The additional charges against Robert Moore and Joshua Levine carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.

In addition to the conspiracy charge, Reese Moore (Robert’s brother) is charged with three counts of distribution of fentanyl and Kevin Abernathy is charged with one count of distribution of fentanyl. Those charges carry a mandatory minimum penalty of 10 years, a maximum of life in prison, and a $10,000,000 fine.

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, the defendants distributed heroin, fentanyl, and butyryl fentanyl for over two years in the City of Buffalo and surrounding areas. Many of the sales occurred on residential streets in Buffalo, in parking lots of businesses in Amherst and Lancaster, and several times at a local mall. The defendants are responsible for distributing thousands of doses of opiates and causing multiple overdoses, including the five charged deaths. The decedents include a 21-year-old Lockport woman, a 45-year-old Buffalo man, and three Lancaster men, ages 24, 31, and 36. All five were reportedly in treatment for their addictions when they relapsed and immediately overdosed from the potent fentanyl.

Robert Moore was arrested on March 16, 2017, after authorities executed a search warrant at his home on Glenwood Drive in Williamsville. Law enforcement officers recovered 200 doses of fentanyl inside the residence. Over $49,000 in cash, over $440,000 in jewelry, and a 2009 Audi S5 Quattro were also seized from Moore’s residence. 

Levine was also arrested on March 16, 2017 following the execution of a search warrant at his residence on Aurora Street in Lancaster. Officers recovered 26 doses of fentanyl inside his residence. 

Robert Moore and Joshua Levine have been detained since their arrest in March 2017. Reese Moore and Kevin Abernathy were arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy. They are being held pending a detention hearing on April 17, 2018 at 2:00 p.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

In a separate case, a federal grand jury has returned a second superseding indictment charging Oliver Kimmons, a/k/a Ollie, a/k/a Ali, 49, of Lockport NY, with distribution of fentanyl causing death, conspiracy to distribute heroin and fentanyl, possession of heroin, fentanyl, and cocaine with intent to distribute, maintaining two drug-involved premises and human sex trafficking. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life and a $20,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to the second superseding indictment, on January 30, 2015, the defendant distributed fentanyl which resulted in the death of an individual identified as “H.C.”

Kimmons was previously indicted on other drug and sex trafficking charges. According to the previous indictment, over the course of three years, the defendant solicited young, opiate-addicted women to have sex with paying customers. In exchange, Kimmons provided the victims with drugs. The defendant drove the victims to farms, dairies, and Indian Reservations in Western New York where they engaged in sex acts with paying customers. Kimmons collected the money from customers and then “paid” his victims in heroin. The defendant also had sex with the victims in exchange for drugs.   

“All told, at least six people lost their lives as a result of the conduct charged in these indictments,” said U.S. Attorney Kennedy. “Not only did those charged with causing the deaths of others peddle their poison for profit, but they did so by preying upon some of the most vulnerable members in our community. That makes them predators, and it is my Office’s job to work with our federal, state, and local partners in law enforcement, as we did here, to remove predators from our community.”  

“This indictment is a significant step in bringing drug dealers to justice for causing overdose deaths as a result of their illegal actions,” stated DEA Special Agent-in-Charge James J. Hunt. “I commend the men and women who worked diligently on this investigation.”  

New York State Police Superintendent George P. Beach stated, “The New York State Police and our Community Narcotics Enforcement Team remain committed to working with our partners in law enforcement to identify dealers, put them out of business and to send a clear message to anyone trafficking these dangerous and deadly drugs - you will be found, you will be prosecuted, and you will go to prison.” 

Amherst Police Chief John Askey stated, “Our communities, families and friends continue to suffer as the result of the opiate epidemic. This case demonstrates the determination and commitment of law enforcement at all levels in Western NY. We will aggressively investigate, arrest and prosecute those individuals and groups that deal and profit while knowing the devastating effects of their actions. Congratulations to the law enforcement professionals and prosecutors for your outstanding work.”

These indictments are 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 Amherst Police Department, under the direction of Chief John C. Askey; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Chief Michael Niethe; the Depew Police Department, under the direction of Chief Stan Carwile; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.

The fact that a defendant has been charged with a crime is merely an accusation and the defendants are 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 Jay Neal, 39, of Buffalo, NY, pleaded guilty to eight counts including conspiracy to possess with intent to distribute 100 grams or more heroin, possession with intent to distribute, and distribution of, heroin, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking activity, being a felon in possession of a firearm, and possession of a defaced firearm before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 45 years, and a $5,000,000.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on October 20, 2015, 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 a residence at 87 Mariner St. in Buffalo. About an hour later, Neal and co-defendant Quashawn Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in cash. A search warrant executed inside 87 Mariner recovered two guns, ammunition, 10 grams of heroin inside a dresser drawer, and multiple scales.

In 1997, Neal was convicted in state court of Attempted Murder and Robbery in the 1st Degree.  As a result of his convictions, Neal is legally prohibited from possessing a firearm. 
Lawrence was previously convicted and is awaiting sentencing.
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, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard. 

Sentencing is scheduled for July 12, 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 Cleophus Dentmond, aka “Face,” 28, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine, or both.

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

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

Charges are pending against defendants Hill, Guzman, and 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 July 25, 2018, at 1:00 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Michael Krepp, 57, of Rochester, NY, pleaded guilty to possession of child pornography before U.S. District Judge Charles J. Sirgusa. The charge carries a mandatory minimum penalty of 120 months in prison and a maximum penalty of 240 months.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that between September 9, 2017, and January 22, 2018, an FBI Special Agent, working undercover, discovered multiple files containing videos and images of child pornography. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files resolved to one utilized by the defendant. Digital media recovered from Krepp in February 2018 contained child pornography.

The defendant was previously convicted of Rape 3rd in State Court and is a registered sex offender.

The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.

Sentencing is scheduled for July 12, 2018 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 Debbie Seright, 52, of Niagara Falls, NY, pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

  Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that Seright managed supposed debt collection agencies, which operated under various names, including Lakeside Mediations, Lincoln Mediation, Valentine Legal Mediation, First Point Mediation, State Filing and Legal Services and Elite Services. As a manager, the defendant directed and trained other employees to engage in fraudulent debt collection practices.  Specifically, Seright and the employees she managed placed telephone calls to "debtors" throughout the United States and, in an effort to induce the "debtors" to make payments, used various fraudulent tactics, including falsely representing their identities, falsely threatening to arrest them, and claiming the existence of criminal charges against the "debtors.” The defendant and employees also routinely collected on debts which they knew had already been satisfied, and collected money from "debtors" from whom they had already collected payment, deemed to be "easy targets." "Debtors" were instructed to make payment to the various debt collection businesses through various means, including MoneyGram payments, bank wire transfers, and debit/credit card payments.

Between July 2015 and December 2016, the section of the debt collection operation Seright participated in collected approximately $1,154,213.

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 Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; and the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss.

Sentencing is scheduled for July 24, 2018, at 1:00 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Miedel, 42, of Michigan, who was convicted of conspiracy to transfer stolen property in interstate commerce, was sentenced to 12 months in prison by U.S. District Judge Charles J. Siragusa. The defendant was also ordered to pay restitution to Xerox in the amount of $1,031,680.24. 
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the Xerox Company provides branded printing toner to customers who have entered into lease contracts for office equipment.  As part of a lease, the customer is invoiced a flat rate per month for office equipment, including printers, copiers, scanners, multifunction devices, and graphic arts production equipment. In order to operate each piece of equipment, supplies are required, including toner. The supplies can be expensive to buy individually, so Xerox offers an “all-inclusive” contract. Xerox provides the supplies and the customer pays the company based on the number of prints made with the supplies. The supplies must be consumed by the customer and at all times remain the property of Xerox until consumed in the leased equipment. 
In August 2015, Miedel contacted employees of a logistics company who worked at the company’s warehouse in Charlotte, North Carolina where Xerox supplies, which had been returned by customers, were being stored. The defendant told employees that he wanted to purchase the returned supplies. On September 11, 2015, Miedel traveled to North Carolina to purchase the supplies for himself and his partner, who also resided in Michigan. Miedel purchased 92 units of Xerox supplies for which he paid the warehouse employees $1,800 in cash.  The defendant then drove the stolen supplies to Michigan where they were sold. 
In September 2015, Miedel began purchasing stolen Xerox supplies from a person he believed was a logistics company employee in Webster, NY. Between September 15, 2015, and March 2016, the defendant traveled to Webster several times to purchase what he believed were stolen Xerox supplies worth approximately $200,000. The total loss to Xerox from Miedel’s conduct was $1,031,680.24.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Taj R. Williams, 33, of Rochester, NY, who was convicted after a jury trial of arson and unlawful possession of Molotov cocktails, was sentenced to 104 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Douglas E. Gregory, who handled the prosecution of the case, stated that on January 18, 2015, Williams used a tire iron to shatter the front glass door of the Chili Express Mini Mart located at 989 Chili Avenue in Rochester. The defendant then removed three Molotov cocktails from a bag, each of which he lit and threw inside the store. All of the devices exploded, causing extensive fire damage to the interior structure and its merchandise.

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Rochester Fire Department, under the direction of Chief John Schreiber; 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 Travis Guerriera, 28, of Olcott, NY, who was convicted of possession of child pornography and cyberstalking, was sentenced to 57 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Mary C. Baumgarten, who handled the case, stated that in September 2015, a female victim reported to the Niagara County Sheriff’s Department that she received unsolicited communications from an individual on Facebook. The individual threatened to distribute and post images that the female victim sent to her then-boyfriend when she was about 14 years-old. During the investigation, it was determined that co-defendant Timothy Laubacker was the individual who had contacted the female victim on Facebook. The investigation further determined that defendant Guerriera, who had possession of the images that the victim had previously shared with her former boyfriend, had provided such images to Laubacker. 

Timothy Laubacker was previously convicted and sentenced to 180 months in prison.

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Liliya Dzyuba, 42, a Ukraine National and citizen of Canada, pleaded guilty to bulk cash smuggling before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison, and a fine of $250,000

Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that on January 25, 2018, the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. During her primary inspection, Dzyuba stated that she was traveling with $5,000 in U.S. Currency. The defendant signed the CBP Customs Declaration Form indicating that she was not carrying over $10,000. During a secondary inspection, CBP Officers told Dzyuba that she was going to be patted down and was asked again if she had any additional money on her. The defendant then admitted that she was carrying $35,000.00 around her waist and hidden in her pants. Dzyuba was searched and officers recovered four black zipper pouches concealed around her waist, which contained a total of $37,000. In addition, $5,373 was found in the defendant’s wallet, for a total amount of $42,373.

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

Sentencing is scheduled for June 1, 2018, at 12:30 p.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 Tyrone Green, 24, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that the charge in the complaint stems 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 as the decedent’s supplier. Law enforcement officers then set up a controlled purchase of heroin from the defendant. When Green arrived to sell the heroin, he was arrested and found to be in possession of heroin.

The complaint is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Drug Enforcement Administration, under the direction of Special-Agent-in-Charge James J. Hunt.

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 Tyler Craig Anderson, 27, and Robert Lincoln, 26, both of Jamestown, NY, were arrested and charged by criminal complaint with conspiracy to make false statements to purchase firearms, which carries a mandatory penalty of five years in prison. In addition, Anderson is charged with possession with intent to distribute cocaine, 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 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. According to the complaint, 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. 

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 complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Milton, Sr., 42, of Buffalo, NY pleaded guilty to production of child pornography, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a fine of $250,000.

Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that on August 14, 2015, the defendant coerced a 17 year-old minor (Victim 1) to engage in sexual intercourse and oral sexual activity inside a 2003 Chevrolet Tahoe vehicle that Milton owned at the time. The defendant also produced visual depictions of the sexual activity using a cellular telephone which were then were stored a hard drive. The investigation determined that Milton engaged in sexual contact with Victim 1 on various occasions between at least December 21, 2014, and November 6, 2015. During that sexual contact, the defendant used his cellular telephone and a camera to create images and videos of Victim 1 engaging in sexually explicit conduct which he stored on different electronic storage devices.

Milton was previously convicted of Rape in Erie County Court involving Victim 1 and another minor female. 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge, Kevin P. Lyons, the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Cheektowaga Police Department, under the direction of Chief David Zack.

Sentencing is scheduled for July 12, 2018, at 2:30 p.m. before Judge Geraci.