Western District of New York

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bonnie Hughes and John Kohlmeier, Jr., both of Greece, NY, were arrested and charged by criminal complaint with production, receipt, and possession of child pornography, and coercing and enticing a minor to engage in unlawful sexual activity. The charges carry a mandatory minimum sentence of 15 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, in early 2018, defendant Kohlmeier was having sexually explicit conversations with a 10-year female (minor victim) via cellular telephone. On March 19, 2018, defendant Hughes, at Kohlmeier’s request, took two sexually explicit photographs of the minor victim. Subsequently, Kohlmeier and Hughes engaged in sexual conduct with the minor victim.

The Greece Police Department previously arrested Kohlmeier and Hughes, and they are currently be held in state custody on state charges.

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 Greece Police Department, under the direction of Chief Patrick D. Phelan; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.

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 Jimmy Lee Barner, 35, of Buffalo, NY, who was convicted of being a felon-in-possession of a firearm and violating supervised release, was sentenced to 70 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on December 7, 2016, Amherst, NY police officers stopped a vehicle in connection with a report of larceny from a Kohl’s department store on Transit Road in Williamsville, NY.  The defendant was one of four occupants and was sitting in the front passenger seat. Stolen merchandise was recovered from some of the occupants.

A subsequent search of the vehicle for additional items of stolen property resulted in the seizure of a .380 caliber semi-automatic pistol from the glove box. The firearm was loaded with nine rounds of ammunition. Subsequently, a DNA sample was taken from Barner to compare with DNA collected from the firearm. Testing confirmed that the defendant’s DNA was on the firearm. 
           
Barner was previously convicted of local charges in Erie County Court as well as federal charges in the Western District of New York of and is legally prohibited from carrying a firearm.
           
Today’s 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, and the Amherst Police Department, under the direction of Chief John Askey.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Feng Yang Chen, 43, of Flushing, NY, pleaded guilty to with conspiracy to violate the Mann Act and the Travel Act related to the operation of an interstate prostitution business and using the internet to promote prostitution before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 10 years in prison and a $500,000 fine. 

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that between March 2011 and March 2016, Chen operated a multi-state prostitution organization. The defendant posted advertisements on Backpage.com and operated a call center from her home in Flushing, Queens that scheduled meetings between prostitutes and their clients. This led to encounters with prostitutes in multiple states including New York, Connecticut, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas. Some of the commercial sex acts took place in Tonawanda, NY and Henrietta, NY.  

The defendant, who worked with co-defendants Chengqi Li and LiangLiang Guo, victimized at least 12 individuals who traveled state to state to engage in prostitution in various hotels. Some of the victims were recruited from China. Chen used threats of violence and deportation against the victims and their families to force participation. The prostitution organization posted more than 6,000 advertisements and generated more than $2,000,000 annually in proceeds. 

The Government is seeking the forfeiture of approximately $450,000 in proceeds from the illegal prostitution activities; proceeds from the sale of a property located in Flushing, NY; a 2012 Porsche Cayenne; as well as multiple cellular telephones, computers, and iPads utilized during the prostitution conspiracy.

Defendants Li and Guo were previously convicted and are awaiting sentencing.

"In this disturbing case, the defendant was a member of a trafficking and prostitution organization that made millions of dollars each year preying upon at least a dozen young women,” said U.S. Attorney Kennedy. “The defendant, together with her codefendants, used threats of violence against these women, together with threats of deportation—both against the women and their families—to force them to work as prostitutes across the United States. The depravity involved in such exploitation is remarkable."

“Human trafficking is a horrific crime where the most vulnerable of our society are preyed upon and exploited,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “HSI Special Agents and our partners have implemented proven strategies to target these criminal organizations involved in order to protect our communities and arrest those who prey on others.”

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 Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.

Chen is scheduled to be sentenced on August 1, 2018, at 2:00 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 Randy Colucci, 33, of Niagara Falls, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the criminal complaint, in April 2017, a Department of Homeland Security Investigations Special Agent, working undercover, discovered multiple files containing videos and images of child pornography being shared on a peer to peer website. Some of the videos and images depicted prepubescent children in sexual situations. Investigators determined that the IP address connected to the files was utilized by the defendant, which led to the execution of a search warrant at Colucci’s residence. Digital media recovered from the defendant contained child pornography.

Colucci is currently on New York State parole for a 2011 manslaughter conviction, involving the death of his two-year old daughter.

The defendant is being held pending a detention hearing on April 12, 2018, at 9:30 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.

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

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Troy Gillon, Jr., 25, of Lockport, NY, who was convicted of possession with intent to distribute, and distribution of, oxymorphone, possession with intent to distribute THC and marijuana, and maintaining a drug-involved premises, was sentenced to 18 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on three separate occasions between October 26 and November 29, 2016, the Drug Enforcement Administration conducted controlled purchases of oxymorphone from the defendant. On December 16, 2016, a federal search warrant was executed at the Gillon’s residence on Dysinger Road in Lockport. Agents recovered 95 vials and five mason jars containing marijuana, eight oxycodone tablets, 113 marijuana tablets, various marijuana chocolate chip cookies and gummy bears.  In addition to the drugs, two packages of clear plastic baggies for drug distribution, a drug ledger containing drug distribution transactions, three digital scales, six  cellular telephones, a Micro SD sim card, a 14-karat gold diamond bracelet, and $2,243.65 in U.S. currency. The money and bracelet were acquired as illegal drug sales proceeds. The drugs seized from the house were for distribution in the community and the defendant maintained his home as a drug premises.
           
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; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Lockport Police Department, under the direction of Chief Michael Niethe.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy announced today that Harvey Peake, 61, of Canada, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to 87 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Michael Adler and Patricia Astorga, who handled the case, stated that in 2013, Peake recruited co-defendant John Lambert to assist in the transporting of illegal narcotics for distribution. On October 3, 2016, Peake and Lambert traveled to the Seneca Buffalo Creek Casino in downtown Buffalo to hand off 10 kilograms of cocaine. The two men met briefly with a third individual in the casino and then walked towards the parking garage where Peake’s vehicle was parked. Lambert got into the driver’s seat and tapped the brake lights to signal their location to the third individual. Peake then opened the trunk of and removed a suitcase. The third individual pulled up next to the vehicle and Peake attempted to give the suitcase to the individual. Peake and Lambert were then arrested. Law enforcement officers seized the suitcase, which contained approximately 10 kilograms of cocaine.

Lambert was convicted and sentenced to 63 months in prison.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Teria Baker, also known as Tiara Baker, 25, of Buffalo, 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 34 months in prison. The defendant was also ordered to pay approximately $143,000 in restitution.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that from October 2013 to December 2013, the defendant and others traveled to Walmart stores and other retail establishments in Western New York where they used unauthorized credit cards. The cards were obtained without the true account holder’s knowledge or authority. Baker and others purchased $500 store gift cards and other merchandise totaling in excess of $160,000. 

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Raymond 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 Michael Wilson, 31, formerly of Hamburg, NY, who was convicted of wire fraud, was sentenced to 108 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Scott S. Allen Jr., who handled the criminal case, and Richard D. Kaufman, Chief of the U.S. Attorney’s Office’s Asset Forfeiture and Financial Litigation Unit, stated that Wilson defrauded investors out of more than $10,000,000 between June 2008 and July 2010. The defendant created several fraudulent investment companies known collectively as “New Frontier,” including such names as “Phantom Holdings” and others, all purportedly located at 6553 Boston State Road in Hamburg, adjacent to his residence. Wilson thereafter induced individuals and companies to invest in financial instruments with complex sounding names, such as “leveraging agreements,” that promised high-yield earnings and returns.
Rather than investing clients’ money, the defendant spent it on a variety of personal items, including $2,500,000 for a down payment for Boston State Road properties, automobiles - including a Hummer, a Corvette, two Land Rovers, and a Mercedes ML 500 - artwork, and other items. In addition, in January 2009, Wilson paid $1,800 to hire an actor from a talent agency to portray a person using the name of his alias “George Possiodis,” which name and persona the defendant used during his scheme.
As part of his sentence, a judgement in the amount of $5,617,750.00 has been entered against him. This will allow the government to forfeit the proceeds of his fraudulent activities along with any interest he has in several bank accounts in Canada, Singapore, and the Grenadines. The defendant also forfeited his interest in two condominiums in downtown Toronto, a bank account in Singapore containing over $60,000, as well as $50,000 in lieu of two villas he had built in Vietnam.  Early on in the investigation, the Government seized and forfeited Wilson’s luxury automobiles and expensive artwork. In 2017, four accounts, which contained approximately $950,000, at the Euro Pacific Bank were forfeited by Judge Skretny.  Finally, Wilson transferred ownership to the Government of several computers and smart phones he used in his fraudulent investment schemes.  The government plans to use all of the forfeited proceeds towards victim restitution.
Wilson, a dual citizen of Canada, traveled to the Toronto area after learning he was under investigation. After being arrested in Canada in July 2013, Wilson was released on conditions and challenged extradition to the United States in Canadian Courts. Before his final appearance in Canadian Court, in February 2016, Wilson chartered a private jet and flew to Vietnam with his wife, mother, and three dogs. Wilson was arrested in Vietnam in June 2016, and returned to the United States in December 2016.
“Despite his efforts to flee and to hide, Michael Wilson was ultimately unable to outrun or escape his criminal past,” said U.S. Attorney Kennedy. “Although his fraud and dishonesty gave him temporary possession of luxury items, including residences around the globe, fancy cars, and expensive works of art, the one thing that he will be able to hold onto the longest will be the bars of his jail cell. Fortunately, through the tremendous work of this Office and our law enforcement partners, we were able to forfeit significant assets, which will be used to help to make restitution to the victims of Wilson’s crimes. Hopefully, today’s lengthy sentence, combined with the forfeiture of Wilson’s ill-gotten gains will help to send the message that truly ‘crime does not pay,’ thereby deterring others from ever engaging in similar conduct.”
"By the time Michael Wilson was 21 years old, he was comfortable stealing money from people, and he was good at it," said FBI Buffalo Acting Special Agent-in-Charge Kevin P. Lyons. "When he realized his investment schemes were unraveling he became even better at trying to hide that stolen money -- and himself -- in multiple countries across the globe. Today, almost 10 years later, Michael Wilson found out the real cost of his crimes. The FBI is committed to protecting American citizens and pursing criminals wherever they try to hide."
The sentencing the result of an investigation by the Federal Bureau of Investigation, under the direction of Kevin P. Lyons, Acting Special Agent-in-Charge; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge, New York Field Office, James D. Robnett; Toronto Police Service; Vietnam Ministry of Public Security; and other law enforcement partners, including LEGAT, Seoul, Korea, and the U.S. State Department.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jose Miguel Cedeno-Olivencia, 44, and Pablo Diaz-Pena, 28, with ties to both New Jersey and  Puerto Rico, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. The charges carry a minimum penalty of five years, a maximum penalty of life, and a $5 million fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on April 1, 2018, at approximately 3:45 a.m., the defendants took a wrong turn on the Peace Bridge and were directed back to the United States by Canadian border officials.  Upon return, U.S. Customs and Border Protection officers referred the vehicle to secondary inspection, where officers found a plastic Tupperware container between the rear seat and a subwoofer containing over a kilogram of cocaine powder, as well as $5,112.00 cash.  The defendants claimed to be driving from New Jersey on vacation.  Cedeno-Olivencia has a prior federal felony conviction for controlled substance distribution.

The defendants made an initial appearance on April 2, before U.S. Magistrate Judge Jeremiah J. McCarthy. The defendants are being held pending a detention hearing.

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

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a two-count indictment charging Daniel Hunt, 41, of Lockport, NY, with being a felon-in-possession of a firearm and ammunition, and with possessing a stolen firearm. The charges carry a maximum penalty of 10 years imprisonment and a $250,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on September 21, 2017, Lockport Police Officers conducted a traffic stop of a 2013 Chevy Silverado, driven by Hunt, after reports that an individual driving a similar vehicle kicked bags of garbage into the canal. During the stop, Officers detected alcohol on Hunt’s breath and asked Hunt to perform sobriety tests.  After Hunt failed the tests, Officers recovered a gun case containing a GSG-522, .22lr caliber, semi-automatic rifle, and 446 rounds from the vehicle.  Hunt has three prior felony convictions in Niagara County Court.

The defendant was arraigned today before U.S. Magistrate Judge Hugh B. Scott. Hunt is being held until a detention hearing on Thursday.

The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; and Lockport Police Department, under the direction of Chief Mike 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 Damion Christopher Alexander Brown, 42, a Jamaican National residing in Buffalo, NY, pleaded guilty, before U.S. District Judge William M. Skretny, to conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, and bribery of a public official. The charges carry a minimum penalty of 5 years in prison, a maximum of 40 years in prison and a $5,000,000.00 fine. 

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

          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 Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss, Boston Division; the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Kenneth G. Cleevely; and the Amherst Police Department, under the direction of Chief John Askey.

Sentencing is scheduled for July 18, 2018, at 11:00 am before Judge Skretny.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that the grand jury returned a 63-count superseding indictment against Robert Lee Fisher, David Haynes, Kyle Haynes, Jason Haynes and Bryan Day.  The indictment charges the defendants with wire fraud, conspiracy to commit mail and wire fraud, and conspiracy to commit money laundering.  The charges stemmed from a scheme to defraud Xerox Corporation of approximately $25 million.  The charges each carry a maximum penalty of 20 years imprisonment and a $250,000 fine. 
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendants reside near Daytona Beach, Florida.  Fisher’s company RBM Imaging was an authorized reseller of Xerox Corporation’s office equipment.  The other defendants (the “Haynes Defendants”) own Haynes Brother Furniture in Daytona.
Xerox Corporation, which is located in, among other places, Webster, New York, sells and leases office equipment, including printers. Xerox sells or leases the office equipment directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers, like the Haynes Defendants. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox up-front for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers. At no time may the end-user customers sell the toner.
     The indictment alleges that the Haynes Defendants set up a sham company, HDH Graphics to obtain approximately sixty-three Xerox printers from Fisher. Although HDH Graphics made few, if any, prints with the printers, the Haynes Defendants fraudulently represented to Xerox that HDH Graphics was making prints using much more toner than the industry average, which deceived Xerox into shipping approximately $25 million worth of toner to HDH Graphics. The Haynes Defendants then sold the fraudulently obtained toner for approximately $11 million to an individual in Miami, Florida.   The Haynes Defendants and Fisher shared the profits from the fraudulent sale of the Xerox consumables.
The indictment further alleges that the defendants repeatedly misrepresented to Xerox that the Haynes Defendants were making millions of prints with the toner, even though most of the printers were never taken out of their boxes.  The defendants also provided Xerox with false usage profiles from the printers and false print samples that made it appear that the Haynes Defendants were making millions of prints and using much more toner than the industry average for each print.     

The indictment further alleges that the Haynes Defendants made financial transactions to avoid having to pay federal income taxes on the fraudulent proceeds they received for selling the toner.  For example, the Haynes Defendants transferred fraudulent funds to themselves under the false pretense that they were entitled to monthly reimbursements for travel and freight expenses that they purportedly paid and incurred on behalf of HDH Graphics.  The Haynes Defendants also paid one of Fisher’s sham companies to assist Fisher in avoiding paying federal income taxes on the fraudulent proceeds he received.

“The fraudulent scheme alleged to have been devised and used by the defendants essentially allowed them to sell property which did not belong to them,” stated United States Attorney James P. Kennedy, Jr.  “While the program was designed to help Xerox customers by only having them pay for the materials they actually used, the defendants converted Xerox’s goodwill into their own windfall.  Such dishonest business practices—the cost of which is often borne by the consumer—will not be tolerated.”

“These defendants allegedly engaged in a $25 million multi-year fraud scheme,” said Kevin Kelly, Special Agent in Charge of U.S. Immigration & Customs Enforcement, Homeland Security Investigations. “The reality is losses like these often get passed on to the consumer in the forms of higher prices, which is why we must hold the operators of these schemes accountable.  HSI special agents dedicated to uncovering financial fraud will continue to aggressively investigate those who seek to blatantly disregard the law for their own financial gain.”

The indictment also seeks forfeiture of millions of dollars in funds and assets that the government has seized from the defendants.

The charges were the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office                 .   

The defendants will be in Rochester on April 4, 2018, at 2:00 p.m. for their initial appearances before Magistrate Judge Jonathan W. Feldman. 

CONTACT:  Barbara Burns
PHONE:      (716) 843-5817
FAX #:         (716) 551-3051
 
ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Joseph W. Peeples, III was found guilty after a jury trial of robbing the Chase Bank located at 1 South Clinton Avenue, Rochester, NY of $109,000. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Melissa M. Marangola and Katelyn Hartford, who handled the case, stated that on January 5, 2017, the defendant robbed the Chase Bank.  Peeples was tracked by law enforcement to Binghamton, New York where he was arrested approximately 13 hours later.  He left approximately $43,000 in a bathroom at the Trailways Bus Station and $10,000 in a taxi cab.  Upon his arrest, law enforcement officers searched his hotel room and found $52,000.  Peeples had just been released from federal prison for an unrelated bank robbery 6 days earlier.   During the trial, Peeples acted as his own attorney.  A jury deliberated for under one hour and returned a verdict on Friday, March 30, 2018. 

The conviction is 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 Police Department, under the direction of Police Chief Michael Ciminelli.

 Sentencing is scheduled for July 27, 2018 at 10:00 am before Chief Judge Frank P. Geraci, Jr.  

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 six defendants with narcotics conspiracy and possession of firearms in furtherance of a drug trafficking crime. Named in the indictment are:

• Shawn Woods, 26, of Buffalo, NY; • Mikel Lowe, 24, of Buffalo, NY; • Aaron Mack, 26, of Buffalo, NY; • Michael Walker, 26, of Buffalo, NY; • Shameris Washington, 20, of Buffalo, NY; and
• Maurice Rice, 20, of Buffalo, NY.

Some of the defendants are also facing additional charges of possession with intent to distribute fentanyl, heroin, butyryl fentanyl, furanyl fentanyl, and U-47700, maintaining a drug premises, and possession with intent to distribute crack cocaine and marijuana. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the superseding indictment, the defendants are charged with trafficking heroin, cocaine, crack cocaine, fentanyl and other illegal narcotics over the course of seven years in the Western New York area. The defendants are also accused of possessing numerous firearms in furtherance of their drug distribution activities.  
A detention hearing is scheduled for the six defendants on March 30, 2018 at 11:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

The superseding indictment 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Dell, 27, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 72 months in prison by Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a fine of $250,000. 

Assistant U.S. Attorneys Timothy C. Lynch and Patricia Astorga, who handled the case, stated that the defendant was arrested on February 11, 2014, after he sold a quantity of cocaine to an individual working with the Drug Enforcement Administration. After the sake was complete, DEA agents followed Dell to his girlfriend’s residence on Newfield Street in Lackawanna.

During a search of the residence, agents and Lackawanna Police officers recovered 633 grams of cocaine; 24 grams of marijuana; approximately $22,225 in United States currency; two digital scales; a money counter; three firearms; ammunition; and two ballistic vests. In addition, agents seized gold and silver valued at approximately $12,000.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that National Technology Development, L.L.C. (NTD) pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to making a false statement. The judge then sentenced NTD to forfeit $500,000. 

Assistant U.S. Attorneys Tiffany H. Lee and Grace M. Carducci, who handled the case, stated that on May 12, 2008, National Technology Development (NTD) provided a letter of support to United Environmental & Energy, L.L.C. (UEE) which is located in the Western District of New York. The letter of support, which was part of a grant application UEE submitted to the National Science Foundation, committed that NTD would provide a total of $100,000 to UEE in cost matching funds, when in truth and in fact, NTD actually provided only $55,000. The letter of support was a factor in the National Science Foundation's consideration of the grant application submitted by UEE.

The plea and sentencing are the result of a joint investigation by Special Agents with the National Science Foundation, Office of Inspector General, under the direction of Inspector General Allison Lerner; the Department of Energy, Office of Inspector General, under the direction of Principal Deputy Inspector General April G. Stephenson; and the Internal Revenue Service, Criminal Investigations, under the direction of Special Agent-in-Charge James D. Robnett, New York Field Office.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Michael Beers, 68, of Rochester, NY, pleaded guilty to making a false statement to an FBI special agent before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of eight years in prison and a fine of $250,000. 
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in February 2017, the FBI conducted a child pornography investigation during which an undercover agent downloaded four videos of child pornography directly from a device using an IP address belonging to the defendant at his residence on Lake Avenue in Rochester.
On March 10, 2017, the FBI executed a search warrant at Beers’ residence. Agents located a computer which contained file titles consistent with child pornography. The defendant was questioned regarding his use of the computer, at which point Beers willfully made materially false statements to FBI Agents. Specifically, the defendant denied having access to or using the computer, denied knowing the password for the computer, and denied that child pornography had been accessed, inadvertently or otherwise, on the computer. In reality, the defendant used the computer, personally set the password for computer, and had seen child pornography on the computer.
The plea is the culmination of an investigation on the part of Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.           
Sentencing is scheduled for June 28, 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 that Parminder Sidhu, 43, of Brampton, Ontario, who was convicted of conspiracy to export from the United States five kilograms or more of cocaine, was sentenced to 15 years (180 months) in prison  by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2009 and May 10, 2011, the defendant conspired with Michael Bagri, Ravinder Arora, Alvin Randhawa, Gursharan Singh, and Harinder Dhaliwal to export cocaine from the United States to Canada. In September 2010, Sidhu hired defendant Bagri to travel to California to pick up cocaine. Defendant Bagri then hid 97 kilograms of cocaine in a false compartment in the floor of a tractor trailer. The tractor trailer was then driven to Cheektowaga, NY where it was turned over to defendant Ravinder Arora. Defendant Arora then proceeded to Canada. At the Lewiston-Queenston Bridge, Special Agents with the Department of Homeland Security and Customs and Border Patrol seized the 97 kilograms of cocaine from the false compartment during a secondary inspection.

On May 1, 2011, Sidhu directed defendant Bagri to travel once again to California. After hiding another 26 kilograms of cocaine in another tractor trailer, the rig was driven to a truck stop in Pembroke, N.Y. The tractor trailer was then picked up by a driver hired by Parminder Sidhu. As the driver exited the truck stop, Bagri followed behind in another vehicle. Agents later stopped the tractor trailer and Sidhu’s vehicle and seized the 26 kilograms of cocaine.

During the execution of a search warrant at Sidhu’s residence in Canada, agents discovered drug ledgers which detailed nine addition smuggling trips in 2009 and 2010. These trips involved approximately 1,617 kilograms of cocaine being transported from the United States into Canada.

All six defendants have been convicted and sentenced.

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; Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; the Peel Regional Police Department, under the direction of Chief Jennifer Evans; the Canada Border Services Agency, under the direction of Rick Comerford; Regional Director General, Southern Ontario Region; and the Toronto Police, under the direction of Chief William Blair.

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Francis Tessina, 45, of Buffalo, NY, who was convicted of possession with intent to distribute heroin and fentanyl, was sentenced to 48 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on March 9, 2015, the defendant sold heroin and fentanyl to an individual cooperating with law enforcement. The following day, as Tessina was again preparing to sell heroin and fentanyl to the same person, he was arrested. 

            The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Evans Police Department, under the direction of Chief Douglas Czora.           

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

Buffalo, N.Y.–U.S. Attorney James P. Kennedy, Jr. announced today that Derek Fagan, 33, of Wellsville, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, a mixture and substance containing methamphetamine, was sentenced to 30 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Brendan T. Cullinane, who handling the case, stated that between January of 2011 and October 25, 2012, the defendant conspired to manufacture and distribute methamphetamine. In order to avoid restrictions on the purchase of pseudoephedrine, an important chemical in the methamphetamine manufacturing process, Fagan engaged in the practice of “smurfing” (buying small quantities) at local pharmacies.

The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Region; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain John Burke.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Stevie Alejandro, 31, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that the defendant 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 utilized the barber shop to facilitate a drug distribution network. Alejandro conspired with co-defendants Aaron Hill, Cleophus Dentmond, a/k/a Face, 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, the defendant, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. Co-conspirators who conducted any transactions returned the proceeds to the defendant. A total of 14 cocaine sales took place with the undercover officer.

Charges are pending against defendants Aaron Hill, Cleophus Dentmond, Gilbert Guzman, and Catherine Ramos. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

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

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

Buffalo, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Bradley J. Hollenbeck, 37, of Andover, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, 50 grams or more of a mixture and substance containing methamphetamine, was sentenced to 110 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between January 2011 and late 2014, the defendant engaged in the practice of “smurfing,” buying small quantities of pseudoephedrine, at local pharmacies. Hollenbeck did so to get around restrictions on purchasing products containing pseudoephedrine. This is the most important chemical necessary in the process of manufacturing methamphetamine.

The conviction is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, New York Division, the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb, the Wellsville Police Department, under the direction of Chief Timothy O’Grady, U.S. Border Patrol, under the direction of Patrol Agent in Charge Steven Oldman, and the New York State Department of Environmental Conservation, under the direction of Captain John Burke.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven D. Hathaway, of DeRuyter, NY, was arrested and charged by criminal complaint with enticing a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a $250,000 fine, or both.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, the defendant participated in online communications with an individual he believed was a 12 year old girl. Over the course of several weeks, Hathaway engaged in sexually explicit conversations, during which the defendant asked for nude photographs. Hathaway also requested that the child meet in person to engage in sexual activity. At one point, the defendant purchased the child an iPhone, which he placed in a location near the child’s home, so that the child would be able to communicate with Hathaway and send him photographs. Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator.

On March 23, 2018, Hathaway arranged to meet the child in the Western District of New York, at which time he was arrested by members of the New York State Police and the Department of Homeland Security.  

The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held without bail pending a detention hearing. 

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raj Chopra, 54, of Grand Island, NY, who was convicted of accessory after the fact to a false statement under the Clean Air Act, was sentenced by U.S. District Judge Richard J. Arcara to one year probation. Chopra’s company, Comprehensive Employee Management, (CEM), located on Grand Island, was convicted of making a false statement under the Clean Air Act and also sentenced to one year probation. CEM was also ordered to pay a $25,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that CEM, an environmental consulting company located at 1815 Love Road on Grand Island, provided consulting services to co-defendant Sean Doctor and his asbestos abatement company, S.D. Specialty Services, LLC. Pursuant to federal regulations, all owners or operators of an asbestos abatement project regulated under the Clean Air Act, must maintain a waste shipment manifest to include the name of the owner/operator; the name of the generator; and the date the asbestos was transported. The information enables the Environmental Protection Agency, which enforces the Clean Air Act and associated regulations, properly and timely to investigate suspected violations of the Clean Air Act. 

From December 2009 to January 2010, employees of S.D. Specialty performed asbestos abatement work at the Roosevelt Park Shelter in Buffalo, which was subject to regulations of the Clean Air Act. During the project, S.D. Specialty employees removed asbestos from the Roosevelt Park Shelter and transported the material to a waste container at CEM on Grand Island.

On March 11, 2010, defendants Doctor and CEM executed an asbestos waste manifest which falsely indicated that asbestos had been transported to CEM from the Roosevelt Park Shelter on that date.  In truth and in fact, such asbestos had been transported to, and stored at, the Grand Island location prior to March 11, 2010. As such false statement was included in the shipping manifest created when a local waste disposal company retrieved the waste container at CEM on March 11, 2010, such false statement became part of a record required to be maintained under the Clean Air Act.

In addition, on April 28, 2011, an inspection of the Roosevelt Park Shelter revealed asbestos was improperly left behind by employees of S.D. Specialty.

Sean Doctor was previously convicted and sentenced to one year probation and fined $2,000.

Today’s sentencings are the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shane Aurand, 21, of Gowanda, NY, pleaded guilty to distribution of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum sentence of five years in prison, a maximum sentence of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven year old child that he produced while babysitting the child at his residence. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.

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 June 26, 2018, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Adalberto Cruz, 28, of Puerto Rico, who was convicted of possession with intent to distribute and distribution of heroin, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on February 25, 2015, Cruz distributed heroin on the West Side of Buffalo. The investigation utilized undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.

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 New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Major Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.   

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Eberhardt, 34, of Ovid, NY, who was convicted following a federal jury trial of distribution, receipt, and possession of child pornography, was sentenced to 180 months in prison and 15 years supervised release.

Assistant U.S. Attorneys Kyle Rossi and Craig Gestring, who handled the prosecution of the case, stated that Eberhardt was part of a network of more than 70 individuals engaged in the trading of child pornography. The network was first discovered by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations (HSI) working in Hartford, Connecticut. Agents from the Buffalo, NY Field Office of HSI uncovered a digital trail, which led to the arrest the defendant. In total, Eberhardt was found to be in possession of more than 2,000 images and 132 videos of child pornography. He was also found to have distributed child pornography to other individuals.  

“Let this case serve as reminder, or better yet a warning, to those who feel protected committing their crimes in the virtual world online,” stated U.S. Attorney Kennedy. “We will track you down and prosecute you, and the consequences you will suffer as a result of your crimes may well include a very real—and very long—stay in a federal prison.”    

“This sentencing ensures that Mr. Eberhardt will no longer have access to children.” said ICE-HSI Special Agent-in-Charge Kevin Kelly. “It is also a reminder that predators are increasingly utilizing social networking sites to prey on children, and of the need for parents to be vigilant and aware of their children's internet activity.”

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

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 Ofstein, of Boston, Massachusetts, who was convicted of wire fraud, was sentenced to five years probation and ordered to pay $6,031,141 in restitution to the Xerox Corporation by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Ofstein worked for Vestcom Corporation in Massachusetts and his duties included ordering printing supplies from the Xerox Corporation for his company. Xerox 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. 

Between 2012 and 2016, Ofstein ordered excess supplies from Xerox without the knowledge of the company knowledge and which Vestcom did not need. The defendant then sold the excess supplies to an individual located in Miami, Florida. The retail value of the excess supplies sold by Ofstein was approximately $6,031,141. 

The sentencing was 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 Thomas Traficante, 23, of Long Island, NY, pleaded guilty to cyberstalking and distribution of a controlled substance before U.S. Magistrate Judge Marian W. Payson. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

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

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

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

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

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, and the Geneseo University Police, under the direction of Chief Thomas Kilcullen.

Sentencing will be scheduled at a later date. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Bao, 52, of Buffalo, NY, pleaded guilty to mail fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that the defendant is a French and Swahili interpreter. Bao interpreted the New York State Department of Motor Vehicles driver permit written test for multiple out-of-state individuals, usually individuals with refugee status who were most recently from the Massachusetts area.

The defendant created a scheme to defraud New York State by not interpreting the written tests. Rather, Bao provided answers to the questions for the applicants. The defendant then listed his own address on the permit application rather than the address of the applicant, which resulted in the Department of Motor Vehicles mailing the official driver’s permit to Bao’s address. The defendant would then mail the permit to the applicant’s actual address. Massachusetts has reciprocity with the New York Department of Motor Vehicles and multiple test takers had failed the Massachusetts written driver’s permit test before making arrangements with the defendant.          

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

Sentencing is scheduled for July 6, 2018, at 12:30 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 a federal jury has convicted Emmanuel Feaster, 21, of Rochester, NY, of being a felon in possession of a loaded handgun. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for June 20, 2018, at 4:00 p.m. before Chief Judge Frank P. Geraci, Jr., 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 Maulana Lucas, 43, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, one kilogram or more of heroin, five kilograms or more of cocaine, and 400 grams or more of fentanyl, before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.

Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the case, stated that between January 2013 and September 2015, the defendant and his girlfriend formed a relationship with co-defendant Darryl Williams to assist Williams with receiving drug shipments from California, distributing the drugs, and collecting proceeds the Western District of New York and elsewhere. In the Western District of New York alone, the defendant assisted in collecting a total of approximately $19,000,000 in cash in drug proceeds.
           
In May 2014, as part of the conspiracy, Lucas was directed by co-defendant Williams to meet with another co-defendant, Sonia Hernandez, to receive kilograms of cocaine.
           
From July 15, 2014, through March 18, 2015, Lucas received 29 pallets of shipments of illegal drugs from Herman Aguirre. Each pallet contained a mixture of approximately 30-50 kilograms of cocaine, heroin, and fentanyl. The drugs were then distributed in the Western District of New York and in other cities and states. The defendant assisted in breaking down pallets of drugs and in collecting drug proceeds from surrounding states. The drugs were shipped in crates or pallets, disguised as microwaves or furniture. The drugs were unloaded at a local warehouse. Lucas also directed his girlfriend to store kilograms of drugs in the bedroom of her apartment in the Western District of New York.
           
On March 23, 2015, Buffalo Police seized 22 kilograms of cocaine, two kilograms of heroin, and eight kilograms of fentanyl at the defendant’s girlfriend’s apartment.

Lucas was arrested in August 2016 along with 16 other defendants. To date, two of the defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett.

Sentencing is scheduled for June 25, 2018, at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Archie Phillips, 45, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine before Senior U.S. District Judge William M. Skretny. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

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

Beverly Fields has been convicted and is awaiting sentencing.

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

The plea is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation; under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; and the United States Marshals Service, under the direction of Charles Salina.

Sentencing is scheduled for June 25, 2018, at 9:00 a.m. before Judge Skretny.

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 Martin, 58, of Virginia Beach, Virginia, who was convicted of conspiracy to commit wire fraud, was sentenced to 48 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay restitution totaling $1,113,000.

Assistant U.S. Attorneys MaryEllen Kresse and Elizabeth R. Moellering, who handled the case, stated that in March 2013, the defendant, operating as Capital Source Lending, LLC, agreed to work with co-defendant Christopher Venti, operating as Viewpoint Solutions Group and Secured Strategies LLC, to establish a fraudulent investment scheme involving multiple victims.

Victims who were interested in obtaining funding were solicited by Christopher Venti and others. The solicitations involved false promises of, among other things, access to “blocked” bank accounts that purportedly contained the funds victims sought. Victims were required to make advance payments into escrow in order to establish the “blocked” bank accounts in their names. Victims were falsely and fraudulently told that the “blocked” bank accounts would contain 10 times the amount of funds placed in escrow and would be accessible to the victims in approximately 30 days. The advance payments were to be released from escrow by the victim upon the victim’s confirmation that the “blocked” bank account had been established in the victim’s name.

Victims were given letters on bank letterhead that purported to confirm the existence of the “blocked” bank accounts. In reality, the defendant Martin, Venti, and others knew that the bank letters were fraudulent, and that the confirmation process established in the escrow agreements signed by the victims, was fraudulent. Pre-arranged numbers victims were instructed to call directed them to others involved in the scheme who falsely represented to victims that they worked at the respective bank and that they could confirm the existence of the claimed “blocked” bank account.

Defendant Martin and Venti attempted to obtain $1,240,000 from six individuals, two of whom sent the defendant and Venti a total of $300,000. Martin also admitted his involvement in two other fraudulent schemes, both involving false representations that Martin could obtain funding for the victims through the alleged “monetizing” of a bank instrument.  None of the defendant’s victims received the funds promised by the defendant.

Christopher Venti has been convicted for his involvement in this and other investment fraud schemes and is awaiting sentencing. 

Today’s sentencing is the result of an investigation by 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 Jose Alvarez, 26, Angel Cabrera, 25, and Wilfredo Cruz, Jr., 21, all of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and possession with intent to distribute butyryl fentanyl. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, on July 27, 2017, special agents from the Drug Enforcement Administration and Homeland Security Investigations executed a search warrant on Alvarez’s Mazda 6 sedan. During the search, agents recovered 20 bags that contained butyryl fentanyl, a Schedule I controlled substance. The investigation determined that the defendants were staying at the hotel and casino located in Salamanca. Subsequently, a search warrant was executed at their hotel room and agents recovered another 196 bags that contained butyryl fentanyl. Alvarez is suspected of selling butyryl fentanyl on at least three prior occasions.

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

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

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

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

BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Michael White II, 18, of Canton, OH, was arrested and charged by criminal complaint with a misdemeanor count of assaulting a federal officer. The charge carries a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on the morning of March 15, 2018, a charter bus arrived at the Peace Bridge Port of Entry. The defendant was one of the occupants on board the bus attempting to make entry into the United States from Canada. During a routine inspection, Customs and Border Protection officers asked the occupants to exit the bus and make their way into the Customs office for inspection or admission into the United States.

After White exited the bus, he walked directly into a CBP officer who had given a lawful command to the defendant to stop. White ignored the command and attempted to walk past the officer. At that point, the officer raised his arm to his side in order to stop the defendant from walking past him. White then pushed the officer’s arm out of the way. The officer attempted to restrain the defendant by grabbing his sweatshirt and pushing White up against the door. The defendant then swung his right arm in an attempt forcibly to strike the officer, his fist, however, missed the officer and White was restrained.

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

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

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 Tamika Favors, 35, of Buffalo, NY, who was convicted of misdemeanor bank larceny, was sentenced by U.S. Magistrate Judge Jeremiah J. McCarthy, to a two year term of probation, and ordered to pay $8,000 in restitution.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that in August 2013, the defendant used a fraudulently obtained Citibank credit card to make purchases in excess of $8,000. In addition, Favors had 15 credit cards sent to her home and to nearby addresses without the knowledge or permission of the true account holders.  Those fraudulently obtained credit cards were then used by others to make unauthorized purchases.

The sentencing is the result of an investigation by the U.S. 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 Rohan Chopra, 23, of Amherst, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, MDMA, also known as “Molly,” was sentenced to 24 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that the defendant conspired with co-defendants Connor Dempsey and Joel Jacob. All three defendants agreed that Chopra would store various controlled substances at an apartment rented by Dempsey and Jacob that was located at 365 Campus Drive in Buffalo. Chopra was also allowed to sell drugs out of the apartment. Dempsey and Jacob gave Chopra keys to the apartment so that he could access and distribute the drugs stored there. Chopra also ordered controlled substances from the Internet and had them delivered to the apartment.  Chopra instructed Dempsey and Jacob not to sign for packages and to deny that they were expecting a package to avoid liability.

On August 17, 2016, Jacob signed for a parcel addressed to him during a controlled delivery by the U.S. Postal Inspection Service. The package, which Chopra ordered over the Internet using bitcoins, was sent from Munchen, Germany and contained over 180 grams of MDMA. During a search of the apartment, officers recovered quantities of marijuana, LSD, cocaine, THC, Xanax, and ketamine. They also found a digital scale, baggies, empty capsules, other drug paraphernalia, and another mail parcel addressed to Chopra. After Chopra learned about the search, he contacted Dempsey and Jacob and asked them to take responsibility for a quantity of the controlled substances found in the apartment. 

Dempsey and Jacob have been convicted and sentenced.

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; and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Ray Moss of the Boston Division.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 15-count indictment charging Richard C. Miller, 50, and Joseph Harvey, 54, both of Forestville, NY, with production, distribution, receipt, and possession of child pornography, conspiracy to distribute, receive, and possess child pornography, and witness tampering. The charges carry a minimum penalty of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the indictment, between 2006 and 2009, defendant Miller produced child pornography by filming himself engaged in a sexual act with a minor. Between January 2016 and March 2017, Miller and defendant Harvey exchanged images of child pornography and engaged in illicit discussion regarding child pornography and pedophilia. In addition, a search of the residence shared by the defendants revealed multiple electronic devices that contained child pornography. 

Richard Miller was initially arrested by complaint in May 2017. While being detained on charges of production and possession of child pornography, Miller sent a letter seeking to pay a material witness in the case not to participate in the criminal investigation.

The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer and are being detained.

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

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

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has found Thomas Cascio, 52, of Cheektowaga, NY, guilty of bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.  
 
Assistant U.S. Attorneys Paul C. Parisi and Scott S. Allen, Jr., who handled the trial of the case, stated that on March 6, 2017, at approximately 1:09 p.m., Cascio entered the Key Bank at 5200 Main Street in Amherst, NY. Wearing a hard hat, safety vest, and eye protection goggles, the defendant approached a teller and passed a bank robbery note. The teller only recalls reading the word “Robbery” at the top of the note before the individual took the note back and told her to “Hurry up!” and “Don’t give me funny money!” The teller gave money to Cascio who then departed the bank. Witnesses described the defendant as having a distinctive nose and gray hair. 

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

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

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

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

Sentencing is scheduled for June 21, 2018, at 10:00 a.m. before U.S. District Judge Lawrence J. Vilardo who presided over the trial of the case.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dimas Colon-Cruz, 37, of Erie, Pennsylvania, who was convicted of carjacking and brandishing a firearm in furtherance of a crime of violence, was sentenced to 154 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Michael P. Felicetta, who handled the case, stated on July 20, 2015, the defendant traveled with co-defendants Michael Gonzalez-Colon and Denis Cruz, from Erie, Pennsylvania to Dunkirk, NY, on stolen all-terrain vehicles. Shortly after arriving in Dunkirk, the stolen ATV's were seized by the Dunkirk Police Department.

Subsequently, the defendant and his codefendants assaulted an individual (Victim 1) near Robin and Second Streets in Dunkirk. The trio brandished firearms during the assault, struck Victim 1 in the face and stole several items from Victim 1. Almost immediately after Victim 1 was assaulted, a second victim (Victim 2) was assaulted by the defendant and his codefendants near 209 Robin Street. After exiting a car, Victim 2 was approached by the defendant and his codefendants and ordered to kneel on the ground at which time the victim was struck in the head with a handgun. Following the assault, the defendant and his codefendants stole Victim 2’s car, a 2004 Pontiac Grand Am. Also on July 20, 2015, Lakeside Lawncare in Fredonia, NY, was burglarized and several items were stolen including a gray 2002 GMC Sierra pickup truck. On July 22, 2015, both the 2004 Pontiac Grand Am and the 2002 GMC Sierra pickup truck were recovered in Erie, Pennsylvania.

Michael Gonzalez-Colon has been convicted and sentenced. Charges are pending against Denis Cruz. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

Today’s sentencing is the result of an investigation by the Dunkirk Police Department, under the direction of Chief David Ortolano; the Erie, Pennsylvania Police Department, under the direction of Chief Randy Bowers; the New York State Police, under the direction of Major Edward Kennedy; 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 Jeffrey Graham, 32 of Lackawanna, NY,  who was convicted of conspiracy to possess with intent to distribute, and to distribute, 280 grams or more of crack cocaine, was sentenced to 151 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Michael P. Felicetta, who handled the case, stated that between early 2014 and December 5, 2014, Graham conspired with several co-defendants to purchase and sell various amounts of crack cocaine from and to one another and to distribute the crack cocaine to various customers. Many of the transactions occurred at or within 1,000 feet of the Gates Housing Projects in Lackawanna, NY owned by the Lackawanna Municipal Housing Authority. Graham maintained a premises to distribute crack cocaine in the housing projects.

In addition, on November 28, 2014, the defendant obtained 149 grams of crack cocaine, which was discovered later that day by Buffalo Police during a traffic stop of a vehicle in which Graham was a passenger.

A total of 18 defendants were charged in this case, 11 have been convicted.

The sentencing is the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, the Federal Bureau of Investigation’s Safe Street’s Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that he has appointed Douglas E. Gregory, a 19-year veteran prosecutor of the United States Attorney’s Office in the Western District of New York, Attorney-in-Charge of the Rochester Branch Office.  

“I am pleased to announce Doug’s selection as the Attorney-in-Charge of the Rochester Branch Office,” said United States Attorney James P. Kennedy, Jr. “Doug’s skills, both as a litigator and a leader, make him eminently qualified to serve in this role.  He has the respect and confidence of the law enforcement community, the legal community, and all who work for the Department of Justice. Having dedicated his entire legal career to enforcing the rule of law, to protecting the community, and to achieving justice, Doug has literally spent a lifetime preparing for this position. I have the upmost confidence in him, and I believe that Rochester and our entire District will benefit from his service. Simply put, Doug’s appointment represents good news for law-abiding citizens and bad news for criminals.”

Mr. Gregory, a native of Corning, NY, began his legal career as a prosecutor with the Monroe County District Attorney’s Office in 1993, where he served until July of 1999, at which time he joined the U.S. Attorney’s Office. Gregory began his federal service prosecuting illegal weapons cases under Project Exile, a nationally recognized anti-violence campaign. Prior to being named Attorney-in-Charge, Gregory served as the Deputy Chief of the Narcotics and Organized Crime Section, where he was responsible for the prosecution of gang cases, drug trafficking crimes and violent felony offenses. Gregory has been the lead prosecutor in several high-level prosecutions and jury trials, including a nearly four-month long, eight-defendant narcotics and weapons trial. He has successfully tried cases involving historical drug conspiracies, federal weapons violations, gang and violent criminal activity, and multi-defendant racketeering (RICO) offenses.

During his federal career, Gregory has received several national awards and honors, including the Directors Award for Superior Performance. He has also been recognized for distinguished service by the Federal Law Enforcement Foundation in New York City, and was a member of a Prosecutorial Instructor Team in Zagreb, Croatia as part of the Department of Justice Overseas Prosecutorial Development and Training Program. Gregory received his Bachelor of Arts Degree in Political Science from Union College in 1989 and Juris Doctorate from Albany Law School in 1993.

U.S. Attorney Kennedy also made the following additional appointments:

• Assistant U.S. Attorney Tiffany H. Lee was named Chief of the Appellate Division for the Western District of New York; • Assistant U.S. Attorney Richard A. Resnick was named Chief of the White Collar General Crimes Section in Rochester; and
• Brett A. Harvey was re-appointed as Chief of the Narcotics and Violent Crime Section in Rochester.

United States Attorney Kennedy went on to note that, “Chief Lee, Chief Resnick, and Chief Harvey are each widely-recognized as among the most talented AUSAs in their respective areas of practice in the entire Department of Justice. Tiffany is a talented writer and exceptional appellate advocate; Rick is hands-down one of the best white-collar prosecutors in the country; and Brett, who has a wealth of prosecutorial experience in area of drugs and violent crime, is likely the only AUSA in the entire United States successfully to convict two different individuals in two unrelated cases of providing material support to ISIS. All three AUSA’s are supremely talented, and as a community, we are fortunate to have them on our side.”

Ms. Lee obtained her J.D. cum laude from Syracuse University College of Law in 1997. She also obtained her M.A. in International Relations from Syracuse University’s Maxwell School of Citizenship and Public Affairs. From 1997-1999, Lee worked as a court attorney for the New York State Court of Appeals. In 1999, she became a confidential law clerk for the Honorable Richard C. Wesley, then Associate Judge of the New York State Court of Appeals. After completing her clerkship in August 2002, Lee began working as an Assistant U.S. Attorney prosecuting white collar crimes and crimes against children in Rochester, NY. In December 2007, Lee was appointed the Project Safe Childhood coordinator for the Western District of New York, a position she held until 2013.     

Mr. Resnick obtained his law degree from the State University at Buffalo, and his undergraduate degree from Alfred University. From 1990-1994, Resnick was a trial attorney with the Department of Justice, Tax Division, in Washington, D.C. Prior to that,  Resnick was a trial attorney with District Counsel, Internal Revenue Service, in Miami, Florida. In 1994, he began working as an Assistant U.S. Attorney in the Rochester Office in the Western District of New York, prosecuting white collar and economic crimes. 

Mr. Harvey graduated from Albany Law School in 1995 after earning his undergraduate degree from Geneseo State in 1993. From 1995 to 1997, Harvey served as an Appellate Court Attorney for the New York State Supreme Court, Appellate Division, Fourth Department. In 1997, Harvey joined the Queens County District Attorney’s Office, where he served until joining the Rochester Office of the United States Attorney’s Office in 2002.

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Emmanuel Lopez, 27, of Buffalo, NY, with possession with intent to distribute, and distribution of, 100 grams or more of heroin and 40 grams or more of fentanyl. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment and a previously filed complaint, between 2016 and December 5, 2017, the defendant sold heroin and fentanyl in the Buffalo area. In October, 2017, the ICE-HSI Border Enforcement Security Team (BEST) conducted a controlled purchase from Lopez. During the buy, the defendant turned over 24 small yellow bags which later tested positive for heroin, fentanyl, and tramadol.   

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

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that 12 defendants have been arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of a mixture or substance containing marijuana. The charge carries a minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.   

Named in the complaint are:

• Phoumano Duangtavilay, 50; • Khonesavanh Vongxay, 62; • Kongchay Kongthong, 50; • Manivone Phommaviseth, 56; • James Vongxay, 20; • Chandy Vongxay, 29; • Keith Surivan, 40; • Phetnalay Douangtavilay, 47; • Phou Daoreuang, 33; • Danisha Floyd, 26; • Jerimiah Torres, 20; and
• Kongdeuane Vongxay, 39.

Assistant U.S. Attorney Sean C. Eldridge, who is handling the case, stated that according to the complaint, since 2014, Phoumano Duangtavilay and Khonesavanh Vongxay have headed a marijuana distribution organization operating in the Rochester, NY area. Co-defendants Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surivan, Phetnalay Doungtavilay, Phou Daoreuang, Danisha Floyd, Jerimiah Torres, and Kongdeuane Vongxay assisted in distributing marijuana in the Rochester area and in obtaining money orders through structured purchases to evade reporting requirements and to conceal the proceeds of their marijuana sales. The complaint alleges that the organization obtained marijuana from California, and shipped it to various locations in Rochester for distribution. Money orders were then sent back to California as payment for the marijuana.

As part of the investigation, law enforcement officers executed search warrants at nine locations in Rochester, and on numerous packages that were subsequently found to contain marijuana or money orders. Investigators seized over 130 pounds of marijuana, over $180,000 in money orders, and four vehicles that were used to facilitate the marijuana trafficking. Between August 2015 and January 2018, a total of 1,061 parcels containing suspected marijuana were sent using the U.S. Postal Service from California to individuals or addresses associated with this conspiracy in Rochester. 

“This drug organization, like others we are seeing with increasing frequency, sought to flood the market through a steady drip, drip, drip of relatively small packages of drugs being shipped into our community,” noted U.S. Attorney Kennedy. “Today, that spigot finally got turned-off. Whether its marijuana or deadly fentanyl, this Office, together with our partners in law enforcement will do all that we can to stem the flow of illegal substances into our area.” 

“The U.S. Postal Inspection Service, along with our federal and state law enforcement partners, will dedicate the resources necessary to combat drug trafficking in our communities,” stated Acting Inspector-in-Charge Raymond Moss of the United States Postal Inspection Service, Boston Division. “These arrests should give fair warning that using the U.S. Mail to facilitate crimes like these, will not be tolerated. The U.S. Postal Inspection Service will continue to work diligently to rid the U.S. Mail of illegal drugs and their proceeds.”

“The suppliers of illegal drugs are exploiting every channel they can to infiltrate our communities,” said State Police Superintendent George P. Beach II. “By using our postal service, these defendants were able to ship drugs to our state and then distribute on our streets. These are crimes that will not be tolerated. The arrests are the result of collaboration and cooperation between all levels of government – federal, state and local law enforcement. Together, law enforcement is sending them a message: No matter how you attempt to bring illegal drugs into our communities, we will find you and send you to jail.”

Ten of the 12 defendants made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman. Phoumano Duangtavilay is being held while the other nine defendants were released on conditions. Defendants Chandy Vongxay and Keith Surivan were arrested in the Atlanta, Georgia area and will be returned to the Western District of New York at a later date.

The complaint is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Ray Moss of the Boston Division, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of CNET Detail Commander Major Mary Clark, Lieutenant Kevin Reyes, CNET Western Regional Narcotics Commander, and Senior Investigator Matthew Butts, Narcotics Group Supervisor. Additional assistance was provided by the New York State Police, under the direction of Major Richard Allen, Troop E Commander; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the U.S. Marshals Service, under the direction of Marshal Charles Salina; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; US Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; Irondequoit Police Department, under the direction of Chief Richard Tantalo; the Gates Police Department, under the direction of Chief James VanBrederode; and the New York National Guard Counter Drug Task Force. The New York State Police also recognize the assistance of JetBlue Corporate Security.

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 Thomas A. Gillespie, 44, of East Brady, PA, pleaded guilty to production of child pornography, before U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a fine of $250,000.

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

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Kathyln Ventura, 25, of Lockport, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and to distribute, controlled substances. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that in late December 2014, the defendant became a drug runner for Oliver Kimmons, who is named in a separate indictment on charges of narcotics distribution and human sex trafficking. Ventura drove Kimmons’s vehicle to conduct drug deals on his behalf.

On January 21, 2015, the defendant sold crack cocaine to a confidential source working for the DEA. On January 30, 2015, the defendant met with an individual identified as H.C. at a bowling alley in Lockport, New York and sold drugs to H.C. H.C. died hours later from a fentanyl overdose.

On February 12, 2015, the Niagara County Drug Task Force executed a New York State search warrant on Kimmons’s car which Kimmons was driving. The defendant was a passenger. Law enforcement officers seized fentanyl from inside the car. Kimmons and Ventura were arrested.
 
On March 4, 2015, a DEA confidential source again bought crack cocaine as well as heroin from the defendant.

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

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

Sentencing is scheduled for June 7, 2018, at 11:30 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 James R. Duncan, 52, of Lackawanna, NY, who was convicted of conspiring to distribute 50 grams or more of methamphetamine, was sentenced to 165 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that Lackawanna Police executed a search warrant at the defendant’s residence on Roland Avenue. Officers recovered methamphetamine, cocaine, hydrocodone, and approximately $53,000 in United States currency.

A co-defendant, Susan Dietrich, has also been convicted.

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

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 14-count indictment charging James A. Chapman, a/k/a Fatz Guy, a/k/a Perverted Doe, 37, of Jamestown, NY, with enticement of a minor; sex trafficking of a minor; production, distribution, possession, and receipt of child pornography; and making a false statement. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment, between November 24 and November 25, 2014, the defendant attempted to coerce a minor to engage in prostitution and sexual activity. On those same dates, Chapman recruited two minor victims (Victim 1 and Victim 2) to engage in a commercial sex act. In addition, the defendant is accused of producing a visual depiction of their encounter. On multiple occasions between December 14, 2016, and April 7, 2017, Chapman distributed an image of child pornography depicting Victims 1 and 2. 

On April 7, 2017, Chapman coerced a third minor victim (Victim 3) to engage in sexually explicit conduct for the purpose of producing a visual depiction. The defendant also received, possessed and distributed child pornography depicting Victim 3. 

The indictment further states that on January 24, 2018, the defendant made a false statement to a Special Agent of the Federal Bureau of Investigation claiming that he thought Victim 1 and Victim 2 were 18 years-old, when in truth and in fact, Chapman knew they were minors. In addition, the defendant possessed images of child pornography on his cellular telephone and social media account.

The defendant was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on March 12, 2018, at 11:30 a.m.

Anyone with information about James Chapman's, a/k/a Fatz Guy, a/k/a Perverted Doe, contact with minors is urged to call the FBI Buffalo office at 716-856-7800 and to press zero (0) and to ask to speak with an agent about James Chapman.

The indictment is 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 Jamestown Police Department, under the direction of Chief Harry Snellings.

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

 

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that a Minerva Maestre, 49, of Dunkirk, NY, pleaded guilty before U.S. Magistrate Judge H. Kenneth Schroder to possessing with intent to distribute 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

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

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

Sentencing will be scheduled at a later date before Senior U.S. District Judge William M. Skretny.