Western District of New York

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brett Schultz, 39, of Buffalo, NY, who was convicted of attempted receipt of child pornography, was sentenced to 87 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Jonathan P. Cantil, who handled the case, stated that the defendant engaged in an online conversation with an individual he believed was a 15 year old high school girl. The individual was actually an undercover law enforcement officer.

Shortly into their conversation, Schultz asked the undercover officer, “so how old are you really?” The undercover officer replied, “I’m almost 16.” After discovering the undercover officer was a minor, the defendant requested sexually explicit images and pictures. Schultz then requested to the meet with the undercover officer at which time he was arrested.

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

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

BUFFALO, N.Y. — The United States Attorney’s Office announced today that the United States Court of Appeals for the Second Circuit has reversed an order suppressing statements made by a suspect charged in a federal indictment with possessing with intent to distribute and distributing fentanyl that resulted in death. As part of an investigation into the February 28, 2015, overdose death of a Hamburg man at his home, a Drug Enforcement Administration Task Force Agent, on March 4, 2015, conducted an interview of defendant John Haak at the Hamburg Police Station.  During that interview, Haak made incriminating statements. The District Court concluded that Haak’s statements were coerced and therefore subject to suppression on the ground that they had been obtained in violation of defendant’s Fifth Amendment rights. 

The government appealed the district court’s order suppressing the statements to the United States Court of Appeals for the Second Circuit.  On October 4, 2017, United States Attorney James P. Kennedy, Jr. personally argued the government’s appeal before a three-judge panel of the Second Circuit. In a lengthy written opinion issued today, the Circuit Judges of the Court of Appeals unanimously agreed with the government’s argument that Haak’s statements had been both constitutionally and voluntarily obtained. In so doing, the Court of Appeals reversed the district court’s order suppressing Haak’s statements and remanded the case back to the district court for further proceedings consistent with its opinion.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today that Michael Krepp, 58, of Rochester, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a maximum penalty of 40 years in prison. 

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

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being detained.

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

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 Roland Yockel, II, 31, of Hilton, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to receipt of child pornography. The charge carries a mandatory minimum sentence of five years and a maximum of 20 in prison, and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in July 2017, the defendant was identified by Homeland Security Investigation (HSI) Special Agents in Phoenix involved in an ongoing child pornography probe with investigators from New Zealand. That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.

On May 22, 2017, and July 24, 2017, a New Zealand investigator, acting in an undercover capacity, observed multiple individuals accessing Chatstep chat rooms, including an individual with the user name “Ryancba,” who posted links to image files depicting suspected child pornography. The IP address traced back to the defendant, Roland Yockel, a former kindergarten teacher in the Brockport Central School District. The sexually explicit images, posted by the defendant, included pre-pubescent children.

On November 21, 2017, a search warrant was executed at the defendant’s North Avenue residence. Agents recovered DVD’s containing numerous videos and images of child pornography. A forensic examination of the digital media recovered approximately 5,500 images and 247 videos containing child pornography. Yockel resided in the basement of the North Avenue residence with his parents and siblings.

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

Sentencing is scheduled for June 14, 2018, at 3:00 p.m. before Judge Wolford. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sterling Jones, 24, of Lockport, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Lawrence J. Vilardo. 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 on March 31, 2017, the defendant possessed 295 videos and 11 images of child pornography. These videos and images were on the cellular telephone and were stored by the defendant in his DropBox online storage account. Over 600 images of child pornography were recovered from Jones’ cellular telephone and some of the images included prepubescent minors and depictions of violence.

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 11, 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 Barrett Johnson, 34, of Jamestown, NY, who was convicted of possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, was sentenced to 30 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that the defendant sold MDA on multiple occasions, at locations which included Johnson’s barbershop. The defendant would purchase “Molly” from co-defendant Richard Clarke and, in turn, sell the “Molly” to others, including co-defendant Joshua Castro. 

Co-defendants Joshua Castro and Richard Clarke have also been convicted.

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 Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police, and Toronto Police Services.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Maria A. English, 28, of Rochester, NY, who was convicted of conspiracy to commit bank fraud, was sentenced to 15 months in prison by U.S. District Judge Elizabeth A. Wolford.  

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that between November 2012 and September 2013, English and co-conspirator, Michael Debardlabon, using the names, social security numbers, and dates of birth of two different Florida residents, obtained financing to purchase used automobiles, including an Infinity, a Lexus, and a BMW. The funding was obtained through financial institutions such as ESL and Ally Financial. The Florida residents never authorized the financial transactions to occur.  In addition, on one occasion, the personal information of a third Florida resident was used to open an American Express card and charge air fare for English.

Michael Debardlabon was previously convicted and sentenced.

Today’s sentencing is the culmination of an investigation on the part of the United States Postal Inspection Service, under the direction of Acting Special Agent-in-Charge Raymond Moss, Boston Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Stevens, 53, of Olean, NY, pleaded guilty, before U.S. District Judge Elizabeth A. Wolford, to bank fraud and tax evasion. The charge carries a maximum penalty of 30 years in prison and a $1,000,000.

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

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

In September 2016, the business owner realized that monthly statements for the Five Star Bank accounts were no longer being received at the business owner’s office. On March 24, 2017, the business owner went to the bank branch to review the business accounts activity.

Between August 2012 and April 2017, Stevens made approximately $342,700.00 in unauthorized electronic withdrawals from the business owner’s accounts to his personal accounts and forged approximately 39 checks, made payable to himself, in the amount of $87,800.

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

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division.

Sentencing is scheduled for June 7, 2018 at 2:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John P. Cutler, 35, of Delevan, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to receipt of child pornography following a prior conviction. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a fine of $250,000.

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

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

The plea is the result of an investigation by agents of the Federal Bureau of Investigation, under the direction of Kevin P. Lyons, Acting Special Agent-in-Charge, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb. 

Sentencing is scheduled for June 11, 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 Ricky Butler, 41 of Buffalo, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to conspiracy to commit bank fraud and aggravated identity theft. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorneys MaryEllen Kresse and Jonathan Cantil, who handled the case, stated that between July 2013 and January 2014, the defendant conspired with others, including Randy Jarrett, Tamika Favors, Catherine Jarrett, Teria Baker, and Danielle Hamilton, fraudulently to obtain and use unauthorized access devices, namely credit cards, without the knowledge or authorization of the true account holders. Butler used the true account holder’s personal identifying information and account access information to contact financial institutions and have new or replacement credit cards issued to addresses in the Western District of New York and elsewhere. During the course of the scheme, Butler took over 59 credit card accounts. Those credit cards were used by the defendant and the other conspirators to make, and to attempt to make, purchases at Walmart stores and other retail establishments totaling nearly $1,084,000.

Throughout the scheme, the defendant controlled all credit cards, determined where all credit cards would be used to make purchases, and directed Tamika Favors, Teria Baker, Danielle Hamilton, and others to forge the signature of the name on each card to finalize purchases. Butler also maintained control of all gift cards purchased, directed all subsequent sales of the gift cards, and received the majority of the proceeds from the gift card sales.

Randy Jarrett, Tamika Favors, Catherine Jarrett, Danielle Hamilton, and Teria Baker have all been convicted. 

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

Sentencing is scheduled for June 8, 2018, at 10:00 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cortney Vogt, 38, of Ontario, NY, who was convicted of two counts of bank fraud was sentenced to 60 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Vogt was employed by SalesSource International and ID SignSystems. From September 2013 to April 2017, Vogt abused her position of trust at those businesses and forged checks and embezzled money from them. In total, the defendant stole approximately $167,319.

The 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 Damar Currie, 42, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of cocaine, was sentenced to 54 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Patricia Astorga and Timothy C. Lynch, who handled the case, stated that between December 10, 2014, and March 31, 2015, the defendant possessed and distributed cocaine and crack cocaine. On three occasions, Currie sold cocaine in exchange for money. In addition, the defendant utilized 55 Krupp Avenue and 24 Palos Place, both in Buffalo, for the purposes of manufacturing, distributing, and storing cocaine and crack cocaine.  

The 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 Charles Newkirk, 34, of Buffalo NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to possessing with intent to distribute, and distributing, 10 grams or more of butyryl fentanyl. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $1,000,000 fine.

Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that between June 25, 2015, and July 28, 2015, the defendant sold large volumes of heroin and butyryl fentanyl in the City of Buffalo. During that period, a confidential source made three undercover purchases of heroin and butyryl fentanyl from Newkirk.

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

Sentencing is scheduled for June 7, 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 a federal grand jury has returned an indictment charging Luis Matias, of Buffalo, 27, with possessing with intent to distribute; and distributing, butyryl fentanyl and crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment and a previously filed complaint, in July 2017, law enforcement officers developed information that the defendant was distributing large quantities of butyryl fentanyl in the Buffalo area. During the investigation, a confidential source and undercover officers were used to conduct controlled purchases from Matias. 

The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The indictment is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Edward Kennedy; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Peter Kalimu, 52, of Buffalo, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr., to making a materially false material. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that the defendant, a native of Rwanda, concealed the fact that he previously used the name “Fidele Twizere.” Kalimu answered “none” to the question on his naturalization petition that asked “If you have even been known by any other names, provide them below.” In November 2014, the defendant provided a letter to Homeland Security agents claiming that he had never used another name (other than Peter Kalimu) and that he did not use any other name (other than Peter Kalimu) in Rwanda. Those statements prevented the Department of Homeland Security, which is responsible for determining if foreign nationals are qualified to become U.S. citizens, from fully investigating the defendant’s background.

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 U.S. Citizenship and Immigration Services, under the direction of Edward A. Newman, Buffalo District Director.

Sentencing is scheduled for June 7, 2018, at 11:00 a.m. before Chief Judge Geraci.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Shaquan M. Shingledecker, 23, of Niagara Falls, NY, who was convicted of possession with intent to distribute heroin, was sentenced to 30 months by U.S. District Judge Elizabeth A. Wolford. The defendant will serve his federal sentence once he completes a 24 month sentence he is currently serving for a New York State Parole violation.  

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on February 2, 2017, New York State Troopers attempted to conduct a traffic stop of the defendant for a missing front license plate. Shingledecker did not pull over, but instead lead police on a high-speed chase at over 95 miles per hour through commercial and residential sections of Niagara Falls. The defendant lost control of his vehicle and crashed into the side of a house located at the intersection of Girard Avenue and 75th Street in Niagara Falls.

Inside Shingledecker’s vehicle at the accident scene, police found 95 glassine envelopes containing heroin, a loaded Ruger handgun with 10 rounds of ammunition, and $1,439.08 in United States currency.

Today’s sentencing is the result of an investigation by the New York State Police, under the direction of Major Edward Kennedy; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Lucas, aka B-Wise, 39, of Buffalo, NY, pleaded guilty to being a felon-in- possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

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

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

The plea is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
 
Sentencing is scheduled for May 31, 2018, before Judge Vilardo.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bruce King, 48, of Rochester, NY, who was convicted of possession with intent to distribute marijuana and possession of a short-barrel rifle which was not registered in the National Firearms Registration and Transfer Record, was sentenced to 97 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that King was arrested on October 19, 2015, following a search by the New York State Department of Corrections and Community Supervision of his residence at 161 Conkey Avenue in Rochester. During the search, officers recovered a brown paper bag with plastic capsules containing marijuana inside a backpack. Officers also found a .22 caliber sawed-off rifle with two boxes of .22 caliber ammunition. The barrel and the stock of the rifle had been shortened. Officers also found drug trafficking paraphernalia in the residence as well.

The sentencing is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the 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, New York Field Division.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Pernell Jackson, 56, of Rochester, NY, pleaded guilty to making materially false statements in a matter involving the U.S. Department of Housing and Urban Development (HUD) and the Department of Veterans Affairs (VA) before Chief U.S. District Judge Frank P. Geraci, Jr.  The charge carries a maximum sentence of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between 2009 and 2014, Jackson resided in an apartment complex in Greece, NY and received a rent reduction through an income-based HUD subsidy program. During that time period, the defendant knowingly falsified HUD income certification forms by failing to report that he had obtained VA benefits belonging to his deceased aunt, totaling $102,622.76. The investigation revealed that the VA continued to make regular payments into Jackson’s aunt’s bank account for approximately seven years following her death.  The defendant, who had access to the account, regularly withdrew the money between 2007 and 2015.  The fraud was discovered during a VA audit, which led to an investigation by VA and HUD Offices of the Inspector General. 

The plea is the result of an investigation by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Resident Agent-in-Charge Jeffrey K. Stachowiak, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.

Sentencing is scheduled for May 30, 2018, before Judge Geraci. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Chase, 50, of Williamsville, NY, pleaded guilty to attempted receipt of child pornography, before U.S. District Judge Richard J. Arcara. The charge carries a minimum penalty of five years in prison, a maximum penalty of 20 years, and a $250,000 fine.

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

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

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

Sentencing is scheduled for June 6, 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 Norma Gold, 57, of Eldred, PA, who was convicted of making false entries in federal credit union reports, was sentenced to 30 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $179,939.21.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Gold was an employee of the Olean Tile Employees Federal Credit Union (OTEFCU) for approximately 26 years between 1986 and December 2012. For a portion of her tenure, Gold served as office manager and was responsible for keeping accurate financial records on behalf of the Credit Union. 

Between December 2007 and December 2012, Gold embezzled funds and made false entries in OTEFCU’s general ledger and altered financial statements, making it appear that the OTEFCU’s account balances were larger than they actually were. Gold’s conduct caused substantial hardship to the OTEFCU and it was ultimately forced to close as a result of the theft. The OTEFCU suffered a total loss of $179,939.21. 

The 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; the National Credit Union Administration; the U.S. Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson; and the Olean Police Department, under the direction Chief Jeffrey Rowley.  

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Armando Navarrete-Dominguez, 29, of Mexico, who was convicted of illegally re-entering the United States after a conviction for an aggravated felony, was sentenced to time served (one year) by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that on February 15, 2017, the defendant was taken into custody after a vehicle and traffic stop on Grand Island, NY. A records check revealed that Navarrete-Dominguez was a citizen of Mexico who had previously been convicted in North Carolina of sexual exploitation of a minor and of breaking and entering. The defendant was deported and removed from the United States to Mexico in 2009 following his convictions in North Carolina.

The sentencing is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Fadi Abbas, 32, of Canada, pleaded guilty to misuse of passport before U.S. District Judge Richard J. Arcara. The defendant was immediately sentenced to time served and remanded to the Department of Homeland Security for removal proceedings. 

Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that on January 24, 2018, the defendant attempted to enter the United States at the Rainbow Bridge Port of Entry, in Niagara Falls, NY. Abbas, who wore makeup in order to appear older, presented a Canadian passport in the name of his father, Gheis Ahmed Abbas.

The defendant’s fingerprints were entered into the Integrated Automated Fingerprint Identification System and produced a positive match for Fadi Abbas. The defendant was previously denied entry into the United States using his own identity and passport, because he was previously convicted of a crime in Canada.

The plea and sentence are the result of an investigation by Customs and Border protection, under the direction of Director of Field Operations Rose Brophy.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven Paschell, 48, of Buffalo, NY, pleaded guilty to distribution of butyryl fentanyl before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on three separate occasions between November 1, 2016, and December 12, 2016, the defendant sold quantities of butyryl fentanyl to a confidential source working the DEA.

A subsequent search of Paschell’s residence on Carmel Road in Buffalo recovered a glassine envelope containing a powder substance, a scale, various packaging materials including glassine envelopes marked “Mojo,” an empty bottle of a cutting agent, a metal spoon and pieces of ripped plastic bags. Forensic testing determined that the substance in the glassine envelope was butyryl fentanyl.

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

Sentencing is scheduled for June 4, 2018, at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Justin L. Billings, 35, of Wellsville, 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 54 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between January 2011, and October 25, 2011, the defendant conspired to manufacture and distribute methamphetamine. Billings engaged in the practice of “smurfing” (buying small quantities) at local pharmacies to get around restrictions on purchasing products containing pseudoephedrine. Pseudoephedrine is an important chemical necessary in the process of manufacturing methamphetamine.

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 David Krause; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan Benedict, 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 Richard Wolfe, 60, of Rochester, 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 40 years and a $250,000 fine, or both. 

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

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

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

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

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

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

Members of the public who have specific information related to this case are urged to contact the HSI Buffalo Office at 716-464-5931.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and was released on conditions.

The 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 Miguel Figueroa, 32, of Puerto Rico, pleaded guilty to possession with intent to distribute, and to distribute, 10 grams or more of a mixture and substance containing butyryl fentanyl and furanyl fentanyl before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a $1,000,000 fine, or both. 

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on March 7, 2017, and April 11, 2017, the defendant sold drugs to a confidential source working for the DEA in exchange for $1,100 cash. Forensic testing determined that the controlled substance sold by Figueroa contained butyryl fentanyl, U-47700, furanyl fentanyl, and fentanyl.
           
On April 24, 2017, law enforcement officers executed a New York State search warrant at Figueroa’s residence on 15th Street in Buffalo. Officers recovered a plastic bag and five glassine envelopes containing a powder substance. Testing determined that the plastic bag and one of the envelopes contained butyryl fentanyl. Officers also recovered packaging materials, a digital scale, and approximately $3,137 in cash.
           
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 Divison.

Sentencing is scheduled for June 25, 2018, before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Laubacker, 26, of Lockport, NY, who was convicted of enticement of a minor to engage in sexual activity and cyberstalking, was sentenced to 180 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Mary C. Baumgarten, who handled the case, stated that in September 2015, a female victim reported to the Niagara County Sheriff’s Department that she received unsolicited communications from an individual on Facebook. The individual threatened to distribute and post images that the female victim sent to her then-boyfriend when she was about 14 years-old. 

During the investigation, it was determined that Laubacker was the individual who had contacted the female victim on Facebook. The investigation further determined that the co-defendant Travis Guerriera, who had possession of the images that the victim had previously shared with her former boyfriend, had provided such images to Laubacker. 

In June 2015, Laubacker attempted to entice a second victim, a minor, via Facebook to produce images of child pornography. When the minor victim refused to comply, Laubacker threatened to distribute child pornography images that he had previously obtained from the victim. Laubacker’s threats continued until November 2015.  

Laubacker made initial contact with the minor victim during his former employment as a behavioral health aide at a mental health facility. Laubaker was terminated from that employment in late December 2015 for inappropriate communications with another minor female.

Co-defendant Travis Guerriera was convicted of possession of child pornography and cyberstalking and faces a maximum penalty of 10 years when sentenced on March 14, 2018.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick D. Angelo, 28, of Syracuse, NY, pleaded guilty to interstate communication of a threat before U.S. District Judge Mae A. D’Agostino. The charge carries a maximum penalty of five years in prison, a $250,000 fine, or both. 

Assistant U.S. Attorneys Craig R. Gestring and Sean C. Eldridge of the U.S. Attorney’s Office for the Western District of New York in Rochester, who are prosecuting the case, stated that on Thursday, October 19, 2017, the Washington D.C. office of New York Congressman John Katko received a threatening voice mail that included a death threat to the Congressman and his family.

The message stated: “Listen Mr. Katko, if you support net neutrality, I will support you. But if you don’t support net neutrality, I will find you and your family and I will kill…you…all. Do you understand?” The message continued: “I will literally find all…of…you and your progeny and t- just wipe you from the face of the earth. Net neutrality is more important than the defense of the United States. Net neutrality is more important than free speech. Net neutrality is more important than health care. Net neutrality is literally the basis of the new society. That even if you don’t understand, how important it is, net neutrality is literally the basis of the new…free…society. So if you don’t support it, I am willing to lay down my li- (recording ends).”

Congressman Katko’s office reported the voicemail to the United States Capitol Police, Threat Assessment Section, which began an investigation in coordination with the Federal Bureau of Investigation. The telephone number that the call originated from traced back to the defendant. 

As a result of the threat, security surrounding Congressman Katko was increased. Since Congressman Katko formerly served as an Assistant U.S. Attorney in the Northern District of New York, that Office was recused, and the case is being prosecuted by the United States Attorney’s Office for the Western District of New York.

“While citizens are certainly entitled to communicate their views on issues of importance to them to their elected officials,” said U.S. Attorney Kennedy, “there are and must be bounds to the manner in which such views may be expressed. As today’s plea makes clear, defendant overstepped those bounds. By making threats to the lives of Congressman Katko and his family, the defendant potentially faces not only a significant prison sentence but also, as a convicted felon, a loss of his right to vote. Ironically, yet fittingly, by abandoning rationale discourse and resorting to threats against a public official, the defendant has essentially rendered himself a mute in the political process. As a democratic republic, we cannot and will not tolerate true threats against those in public office.” 

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Vadim Thomas, Special Agent-in-Charge, Albany Office; the New York State Police, under the Major Philip T. Rougeux; and the United States Capitol Police, under the direction of Matthew R. Verderosa. 

Sentencing is scheduled for June 21, 2018, at 10:00 a.m. before Judge D’Agostino.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron J. McDuffie, aka “G”, 23, of Buffalo, NY, pleaded guilty to distribution of heroin and butyryl fentanyl causing death, and distribution of fentanyl, butyryl fentanyl, and furanyl fentanyl causing death before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $1,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on June 27, 2015, the defendant met with a repeat drug customer identified as “A.E,” a 24 year-old Cheektowaga man. McDuffie sold A.E. a quantity of powder that the defendant advertised as “fire,” a mixture that contained heroin and butyryl fentanyl. A.E. died as a result of using the drugs McDuffie provided to him.

On November 23, 2016, McDuffie met with another repeat drug customer identified as “D.M,” a 34 year-old West Seneca man, and sold him a quantity of powder that the defendant advertised once again as “fire.” This mixture contained fentanyl, butyryl fentanyl, and furanyl fentanyl. D.M. also died as a result of using the drugs McDuffie provided to him.

On November 30, 2016, law enforcement officers arrested McDuffie leaving his residence in Buffalo. The defendant was on his way to distribute a quantity of powder that contained fentanyl, butyryl fentanyl, and furanyl fentanyl. Under McDuffie’s’s living room couch, officers recovered a Hi-Point, .40 caliber semi-automatic handgun that was loaded with eight rounds of .40 caliber ammunition.

“With his plea, this defendant has admitted that the drugs he sold killed two people,” stated U.S. Attorney Kennedy. “Under federal law, he is, therefore, legally responsible for their deaths. Any entrepreneur who is considering getting into the illicit drug trade must recognize that a mandatory minimum sentence of 20 years in federal prison represents a very significant cost of doing business. The reason the price is so steep is because the lives of all people in our community—even those who are broken and addicted—are valuable.  Hopefully, this plea will help to deliver that message.”

DEA Special Agent-in-Charge James J. Hunt stated, “Opioid traffickers fill glassine bags branded with stamps to attract customers; in this case, the highly potent doses were branded with ‘Fire.’ Today’s plea is another step in the process of bringing justice to the family and friends of ‘A.E.’ and ‘D.M.’ who overdosed after using ‘Fire.’ DEA and our partners in law enforcement will continue to fight opioid distributors at all levels, from the street dealers to international traffickers.”

The plea is result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; Cheektowaga Police Department, under the direction of Chief David Zack; and the West Seneca Police Department, under the direction of  Chief Daniel Denz.

Sentencing is scheduled for May 30, 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 Terry Wilson, 39, of Rochester, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to  possession with intent to distribute cocaine base and a felon in possession of a firearm. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins who is handling the case, stated that on June 26, 2017, during a vehicle and traffic stop, the defendant was found in possession of a Jimenez Arms, J.A. NINE model, 9 mm semi-automatic pistol, bearing serial number 375367, which was loaded with 11 rounds of 9 mm ammunition. The traffic stop was made after the defendant was observed driving southbound on Bailey Avenue at a high rate of speed. Upon stopping the vehicle, the officers recognized the defendant from previous contacts with him and knew that he did not have a valid driver’s license. The officers patted the defendant down and recovered approximately 3.71 grams of cocaine base from the defendant’s pockets. The defendant admits that he possessed the cocaine base with intent to distribute it.

Thereafter, the defendant’s passenger was removed from the vehicle and the firearm was recovered from within the passenger’s purse. The defendant admits the firearm belonged to him and that he maintained dominion and control over the firearm while he stored it in the passenger’s purse.

The defendant admitted that on or about July 19, 2012, in Erie County Court, he was convicted of Criminal Possession of a Controlled Substance in the Fifth Degree, which is a crime that is punishable by imprisonment for a term exceeding one year.  The defendant further admitted that on or about June 22, 2005, he was convicted of Felon in Possession of a Firearm, which is a crime that is punishable by imprisonment for a term exceeding one year. 

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Resident Agent in Charge Steve Dickey and the Buffalo Police Department, under the direction of Acting Commissioner Byron Lockwood.

Sentencing is scheduled for May 23, 2018, at 9:30 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Bernecki, 29, of Pittsford, NY, pleaded guilty to possessing child pornography depicting prepubescent minors before United States Magistrate Judge Marian W. Payson. 

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that in 2012 Bernecki was convicted for possessing and distributing child pornography in the Western District of New York.  As a result of that conviction, Bernecki served a five year prison sentence.  He was released in 2016 and began a 15-year period of supervised release which was administered by the United States Probation Department, Rochester Office.  As part of his release conditions, Bernecki was subject to a search condition, which provided Probation Officers authority to inspect Bernecki’s home and digital devices.  On December 8, 2017, during a routine inspection, Probation Officers found that Bernecki was in possession of an unauthorized smartphone.  Probation Officers seized the phone and subsequently discovered the presence of child pornography.  The Federal Bureau of Investigation, Rochester Office, assisted in forensically examining the phone, which resulted in the discovery of approximately 200 images and 25 videos depicting the sexual abuse of children. 

The plea is the result of an investigation by the United States Probation Department under the direction of Chief Probation Officer Anthony SanGiacomo, and the Federal Bureau of Investigation, Buffalo Division, under the direction of Acting Special Agent in Charge Kevin P. Lyons.

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Matthew D. Lincoln, 37, of Henrietta, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years, a maximum of life, a $250,000 fine, or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant, who was the head coach for the Golden Comets Swim Club, first came to law enforcement attention after he engaged in online communications with an 11 year old girl in Brighton. The child’s father reported this activity to the Brighton Police who then arranged an undercover operation.

During this operation, the defendant engaged in sexually explicit online conversations with a child he believed to be a 16 year girl. Over the course of several weeks, Lincoln repeatedly chatted with the child and requested that they meet in person so that they could engage in sexual activity. Lincoln also sent several photographs of himself to the child, including a full length nude photo. Eventually, the child agreed to meet Lincoln in person at a location in Brighton. Prior to meeting with the child, Lincoln went to a local WalMart and purchased a stuffed teddy bear, a heart shaped box of chocolates, and a card for the child, which he left in his nearby apartment.

Unbeknownst to Lincoln, the child was actually an undercover Brighton Police Investigator. When Lincoln arrived at the meeting to meet with the child, he was arrested. During a post arrest interview, Lincoln admitted to believing that he was communicating with a real 16 year old girl. He also admitted to transmitting sexually explicit messages to her and meeting with her with the intent to engage in sexual activity.

The defendant made an initial appearance on February 15, 2018, before United States Magistrate Judge Marian W. Payson. Lincoln is being held pending a detention hearing scheduled for February 22, 2018.

“Yesterday’s arrest reminds each of us that we must remain vigilant in protecting the youths of our society”, said U.S. Attorney Kennedy.  “Together with our federal, state and local partners, we will do all that we can to ensure that those who pray upon our children are brought to justice”.

“I want to recognize the excellent work of the Brighton Police Department,” said FBI Buffalo Division Acting Special Agent in Charge Kevin P. Lyons.  “They acted quickly on a parent’s complaint and took the necessary initiative to ensure that Matthew Lincoln was investigated and removed from the environment where our children live and play each day.  Our Child Exploitation Task Force is tangible proof of the FBI’s mission to protect the young people in Monroe County and beyond -- a great collaborative effort that demonstrates our commitment to the community and our partners.”

The criminal complaint is the result of an investigation by the Brighton Police Department, under the direction of Chief of Police Mark Henderson, the Monroe County Sheriff’s Department, under the direction of Sheriff Todd K. Baxter, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the New York State Police, under the direction of Major Richard Allen and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Acting Special Agent in Charge Kevin P. Lyons.

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 Bass, 23, of Grand Island, NY, who was convicted of possession with intent to distribute and distribution of marijuana, and money laundering, was sentenced to 7 months imprisonment and 2 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Bass sold marijuana locally, then used the proceeds of the drug sales to buy bitcoins, with which he then bought more bulk quantities of marijuana from dark net vendors for further distribution.  He cycled through over $100,000 in bitcoins and between 20 and 40 kilograms of marijuana in this manner.  Law enforcement agents intercepted two packages destined for Bass in Buffalo.  Each was mailed from California and contained approximately one pound of high-grade marijuana.

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 United States Postal Inspection Service, under the direction of Boston Division Acting Inspector in Charge Raymond Moss.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jason Osei Bonsu, 35, of Ghana, pled guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara.  The charge carries a maximum penalty of 20 years imprisonment and a $250,000 fine.

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

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

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

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

Victims lost over $211,000 as a result of Bonsu’s participation in the scheme.

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 4, 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 Daniel Huzinec, 26, of Buffalo, NY, who was convicted of receipt of child pornography, was sentenced to 168 months imprisonment and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the investigation began in December 2014, when the defendant shared photographs of male children engaged in sexually explicit conduct on a peer-to-peer website.

On January 27, 2015, agents from Homeland Security Investigations (HSI) Buffalo, executed a search warrant at the defendant’s residence in South Buffalo. Numerous items were seized from the residence including a laptop computer.  During the execution of the warrant, the defendant, an Assistant Scout Master, waived his Miranda rights and admitted that in January 2015, while chaperoning a Boy Scout camping trip, he took several sexually explicit pictures of a sleeping 16-year-old boy with his cell phone.

A subsequent forensic evaluation of the electronic evidence seized from the defendant’s residence determined that such evidence contained images and videos of child pornography, including the sexually explicit pictures of the sleeping child that the defendant had admitted to taking. Law enforcement officers also discovered that Huzinec produced child pornography of another boy.  Specifically, in November 2014, Huzinec enticed a 15-year-old boy, a former member of the defendant’s Boy Scout troop, to send him sexually explicit pictures by creating a fake email account and posing as a teenage girl. Those pictures were also found on the defendant’s computer. 

“The Boy Scouts are an organization which promotes values such as duty and honor,” noted United States Attorney Kennedy. “There is nothing honorable about sexually exploiting children, and today’s sentence should send a message to any child predator out there—if you do anything to hurt our youth, ‘be prepared’ to spend a long time in jail.”

“This individual violated his position of trust with the Boy Scouts to exploit and take advantage of young boys under his supervision," said Kevin Kelly, Special Agent-in- Charge of HSI Buffalo. "The exploitation of children is reprehensible, and HSI has teams dedicated to these types of investigations to ensure that we locate and arrest child predators and bring them to justice."

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Donald J. Gardner, Jr., 42, of Lafayette, NY, pleaded guilty, before U.S. District Chief Judge Frank P. Geraci, Jr., to possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten who is handling the case, stated that in late January, 2014 to early February, 2014, Gardner, pretending to be a 10 to 12 year old boy, used his Facebook account to solicit child pornography images from three  ten year old girls in the Town of Niagara, New York.  Knowing that the girls were 10 years old, Gardner directed them to create and send him child pornography images.  One of the 10 year old girls did send Gardner child pornography images via Facebook. Gardner possessed the child pornography images from early February, 2014 through May 7, 2014.

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

Sentencing is scheduled for May 3, 2018, at 11:30 a.m. in Buffalo 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 Eric Marshall, 42, of Grand Island, NY, who was convicted of conspiracy to distribute 5 kilograms or more of cocaine and money laundering, was sentenced to 65 months imprisonment by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between 2007 and 2009, Eric Marshall supplied kilogram quantities of cocaine to Glance Ross and others, who were distributing cocaine, in the City of Buffalo.  During that time, Marshall stored the cocaine in suitcases at a home in Buffalo, New York.  In order to disguise his narcotics proceeds, Marshall gave some proceeds to Montique Shelton and had Shelton purchase defendant a home at 341 Hinman Avenue, in Buffalo, New York.  As part of his sentencing, the defendant forfeited 341 Hinman Avenue, other property located in Buffalo, a Toyota Avalon, and a BMW.

The sentencing is a result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Kevin P. Lyons, and the New York State Police, under the direction of Major Edward Kennedy.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Elisa Rivera Ortiz, 36, of Buffalo, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to attempted possession, with intent to distribute, cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on April 8, 2017, United States Postal Inspectors intercepted a package that was addressed to the defendant. Inside, the Postal Inspectors found cocaine. On June 30, 2017, inspectors again intercepted a package addressed to the defendant.  Once again, they found cocaine.

On July 6, 2017, a controlled delivery of a package containing sham cocaine and a monitoring device was made to the defendant’s Warren Avenue residence. Once the monitor alerted investigators that the package had been opened, they entered the residence and executed a search warrant. Ortiz attempted to run out the side door but was taken into custody.

During the search, investigators located drug packaging materials, a digital scale with suspected cocaine residue, and a small bag of marijuana. Ortiz’s son and three other minor children were in the residence at the time.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector in Charge Shelly Binkowski.

Sentencing is scheduled for May 25, 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 Jose Feliciano-Miranda, 37, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin and cocaine, and possession of a firearm in furtherance of drug trafficking, was sentenced to 147 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Scott S. Allen, Jr., and Wei Xiang, who handled the case, stated that between April 2015 and April 2016, Feliciano-Miranda assisted co-defendant Manuel Freire who coordinated the receipt, and subsequent distribution, of wholesale quantities of heroin and cocaine in Buffalo from sources in Puerto Rico and New York City.

On April 24, 2015, federal law enforcement officers intercepted a parcel mailed from Puerto Rico destined for a residence on Hudson Street in Buffalo.  A half a kilogram of cocaine was hidden in speakers contained in the parcel. Two other co-conspirators, who, at Freire’s direction, went to retrieve the parcel, were arrested. 

In early 2016, Feliciano-Miranda and Freire began selling heroin out of 247 Niagara Street in Buffalo.  On April 1, 2016, law enforcement officials executed a search warrant at that property. During the search of Feliciano-Miranda’s Jeep Cherokee, law enforcement officials discovered a “trap,” a hydraulic powered concealment chamber that can only be opened after several sequential steps, which drug traffickers use to conceal quantities of contraband when traveling long distances.

Another search warrant was executed at a residence on Byrd Way, which led to the recovery of a loaded firearm. 

Manuel Freire has been convicted and is awaiting sentencing.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Acting Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Erie County Sheriff’s Office, under the direction of Timothy Howard; the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Kevin P. Lyons; and the United States Postal Inspection Service, under the direction of Boston Division Acting Inspector-in-Charge Raymond Moss.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kelley Thomas, 43, of Buffalo, NY, who was convicted of possession with intent to distribute cocaine, was sentenced to 70 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant was arrested on August 3, 2017, with a kilogram-sized brick of cocaine. Thomas was stopped by Buffalo Police Officers while driving on Richmond Avenue. The only other occupant in his car was a minor female. The cocaine was in his glove compartment.

Buffalo Police were alerted to the defendant by the FBI following physical surveillance and interceptions of wire and electronic communications over a mobile telephone used by Thomas’s supplier.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons; the Buffalo Police Department, under the direction of Acting Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Myers, 26 of North Tonawanda, NY, pleaded guilty to receipt of child pornography, before Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in November 2013, the defendant met a 14-year-old female (Victim), on an internet dating site and the two eventually began communicating via text messaging on Kik and Skype. The communications, which were sexually explicit in nature, included Myers requesting sexually explicit phots from the Victim which she sent and he stored on a thumb drive. A subsequent analysis of the thumb drive revealed approximately nine images of child pornography depicting the Victim. Myers was aware that the Victim was a minor at the time she sent the sexually explicit images. The defendant also engaged in online sexual communications with another minor, a 13-year-old female using Kik and text messages.

In addition to the thumb drive, the defendant also possessed other electronic media, which contained child pornography, including a cellular telephone, two laptop computers, and a tablet.

The plea is the result of an investigation by agents of the Federal Bureau of Investigation, at the direction of Kevin P. Lyons, Acting Special Agent-in-Charge, the Cheektowaga Police Department, under the direction of Chief David Zack, and the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia.          
       
Sentencing is scheduled for May 23, 2018, at 10:00 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 former Niagara Falls, NY, Police Officer Stephanie A. Costanzo, 29, pleaded guilty to managing a drug involved premises before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $500,000 fine. In addition, co-defendants Raymond Hopson and Lindsay Carrier pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine which is punishable by a mandatory minimum sentence of five years in prison, a maximum of 40 years and a fine of $5,000,000.

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

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

Lindsay Carrier conspired with Raymond Hopson to distribute crack cocaine. On five occasions between July 28, 2016, and November 8, 2016, Hopson obtained crack cocaine from Carrier and then sold it to an undercover officer. A search warrant executed at the Willow Avenue residence of Carrier’s mother, resulted in the seizure of quantities of cocaine and crack cocaine.
 
The pleas are the result of an investigation by the Niagara Falls Police department, under the direction of Superintendent Bryan Dalporto, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

Costanzo is scheduled to be sentenced on May 30, 2018, at 12:30 p.m. before Judge Arcara. Hopson and Carrier are scheduled to be sentenced on May 29, 2018, at 12:30 p.m. and 1:00 p.m. respectively, also 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 Dr. Clifford Jacobson, M.D., 68, of Rochester, NY, who was convicted of illegally distributing a controlled substance, was sentenced to one year probation to include four months of home confinement by U.S. District Judge Charles J. Siragusa. Jacobson was also required to surrender his license to practice medicine and pay to $75,000 in financial penalties, including to Medicaid and the federal government.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Dr. Jacobson was a practicing psychiatrist. From 2014 to 2017, he sold prescriptions for Schedule IV controlled substances, including clonazepam, to undercover agents and patients who had no medical necessity for the drug but who sought to use it recreationally. The defendant charged his patients $120 for each illegal prescription.

The sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and investigators of the Medicaid Fraud Control Unit, acting under the direction of New York State Attorney General Eric Schneiderman.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Joseph Ciffa, 49, of Grand Island, NY, pleaded guilty to conspiracy to commit wire fraud and filing a false tax return before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

  Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that Ciffa has been involved in the debt collection business since at least 2013. Since early 2015, the defendant ran, and conspired with others to run, an illegitimate debt collection business, operating out of multiple locations, which included: 1625 Buffalo Avenue in Niagara Falls, NY; 870 Ontario Street and 1567 Military Road, both in Kenmore, NY; and out of his home office on Grand Island.

The operation utilized fraudulent means to collect debts, to recollect on debts already collected, to over-collect on debts actually owed, and to process and transfer payments related to the collection of such debts. Debt collectors made threatening statements over the telephone to debtors in an effort to induce payment of debts. Those statements included reference to criminal statutes, and the filing of criminal complaints and/or warrants. In order to intimidate debtors and induce payment, debtors were routinely routed to employees who posed as attorneys during the calls.

Between January 2015, and December 2016, the defendant’s operation collected approximately $3,061,205 from victims.

Ciffa also filed a false tax return for the tax year 2015, underreporting his business income, thereby avoiding a total tax liability of approximately $15,651.

In addition, as part of the plea, the defendant admitted that in 2016, he committed fraud involving Medicaid benefits. Ciffa lied in an application to the Erie County Department of Social Services, by under-reporting his income, in order to obtain benefits for himself and his children.

Ciffa was charged along with five others defendants and is the first to be 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 defendant sought to enrich himself by preying on those who were in debt and by fraudulently acquiring for his own use benefits that were intended for the less fortunate of our society,” stated U.S. Attorney Kennedy. “As this plea demonstrates, this Office remains committed to protecting the vulnerable and to bringing to justice those who seek to cheat the system.”

“Ciffa used threats to collect on debts, even on debts that were already paid,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “This man preyed on the vulnerabilities of others, and HSI, along with its law enforcement partners, will continue joint investigations to stop others from using the same corrupt scheme.”
"Today's plea shows that people who file returns and do not report all of their income will be held accountable for their deceit," said IRS Criminal Investigation Special Agent- in-Charge James D. Robnett. "IRS Criminal Investigation, together with the Department of Justice will continue to investigate and prosecute those who violate our tax system." 
"This defendant's myriad of embezzlement schemes knew no bounds,” said New York State Inspector General Catherine Leahy Scott. “He preyed on taxpayers through a brazen fraud enabling him to steal government health care benefits to which he was not entitled, and which were meant only for those truly in need. Today's plea is the result of an investigation and prosecution culminated through a successful partnership between State and federal law enforcement agencies. I will continue to aggressively investigate these cases and protect New Yorkers from such egregious fraud and abuse."

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special-Agent-in-Charge Kevin Kelly; the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss; and the New York State, Office of Inspector General, under the direction of Inspector General Catherine Leahy Scott.

Sentencing is scheduled for May 24, 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 Ibilola Rasheedat Yussuf, 30, of Nigeria, who was convicted of using a passport secured by a false statement in application, was sentenced to nine months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Jonathan Cantil, who handled the case, stated that on September 12, 2017, the defendant applied for admission to the United States at the Peace Bridge Port-of-Entry in Buffalo. As proof of identity and citizenship, Yussuf presented a fraudulently obtained United States passport bearing the name Olivia Payne, born in 1981 in Chicago, Illinois. This passport was secured by reason of false statements provided in a passport application.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mohsen Kassem Abdulrab, 58, of Niagara Falls, NY, who was convicted of trafficking in counterfeit goods, was sentenced to two years supervised release and fined $2,000 by Chief U.S. District Judge Frank P. Geraci Jr.

Assistant U.S. Attorney Jonathan Cantil, who handled the case, stated that between January 6, 2014, and February 13, 2014, the defendant sold or attempted to sell unauthorized copies of trademarked works at his store, the Hip Hop Center, located at 2417 Pine Avenue in Niagara Falls. The counterfeit merchandise included UGG, Michael Kors, The North Face, National Basketball Association, National Football League, Major League Baseball, Polo Ralph Lauren, Louis Vuitton, Coach, Timberland, and others. The value of the counterfeit merchandise, if genuine, was more than $40,000.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Cassie Tillinghast, 32, of Buffalo, NY, who was convicted of bank fraud, was sentenced to 10 months in prison, two years supervised release to include six months home detention, and ordered to pay restitution totaling $6,464.89 by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that in May 2015, the defendant was hired as an in-home health care aide to assist with the care of Victim 1’s elderly mother in the home of Victim 1 and her husband. Subsequently, Tillinghast fraudulently applied for a Discover credit card in the name of Victim 1, and between November 25, 2015, and December 21, 2015, the defendant fraudulently used the Discover credit card in Victim 1’s name at retail establishments in the Western District of New York to obtain goods and merchandise. Discover Financial Services suffered a total loss of $6,462.89. 

In addition, Tillinghast manipulated Victim 1 into buying her a truck, motorcycle, house, jewelry, and giving her cash. The defendant also convinced Victim 1 to change her will, making Tillinghast the main beneficiary of her estate, change her two life insurance policies designating Tillinghast and her children as beneficiaries of those policies, and execute a health care proxy giving Tillinghast the ability to make health care decisions.

At the time the defendant committed this offense, she was on probation for Attempted Grand Larceny in Third Degree.  

The sentencing is the result of an investigation by the United States Postal Service Inspection Service, under the direction of Acting Inspector-in-Charge Raymond Moss, Boston 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 Cesar Cruz-Perez, 35, of Mexico, who was convicted of being a removed alien found in the United States subsequent to a conviction for an aggravated felony, was sentenced to 21 months in prison by Chief U.S. District Judge Frank P. Geraci Jr.

Assistant U.S. Attorney Jonathan Cantil, who handled the case, stated that on August 9, 2017, the defendant, a citizen of Mexico, was located in Clarence, NY. Cruz-Perez admitted to law enforcement officers that he was illegally present in the United States. A subsequent record check determined that in 2004, the defendant was convicted in New Jersey of possessing a Controlled Dangerous Substance on school property, a felony offense. Cruz-Perez was also previously removed to Mexico on two separate occasions in 2007.

The sentencing is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today Richard Clarke, 49, a Canadian citizen residing in Buffalo, who was convicted of bulk cash smuggling out of the United States, was sentenced to 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.  

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on November 16, 2016, Clarke transported more than $10,000 in United States currency from the U.S. into Canada. However, the defendant failed to report the transportation of the currency, which he was legally required to do.

Clarke was charged in this case along with co-defendants Joshua Castro and Barrett Johnson. Castro has been convicted of conspiracy to distribute controlled substances for conspiring with others to possess and distribute “Molly,” a Scheduled I controlled substance. Charges are pending against Johnson. 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.