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 Pethrod Dunnigan, 40, of Buffalo, NY, pleaded guilty to conspiracy to distribute five kilograms or more or cocaine, and money laundering conspiracy before U.S. District Judge Elizabeth A. Wolford. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $20,000,000 fine.

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

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

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

A total of seven defendants have been indicted in this sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drugs to various states including New York, New Jersey, Illinois, Colorado, and Ohio. To date, four defendants have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.

Sentencing is scheduled for May 8, 2018, at 3:00 p.m. before Judge Wolford.

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

ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that James LaRock, II, 43, Seneca Falls, NY, who was convicted of filing a false tax return, was sentenced to three years probation and ordered to pay restitution to the Internal Revenue Service in the amount of $107,000 by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Richard A. Resnick and Tiffany H. Lee, who handled the case, stated that for the tax years 2010-2013, the defendant, who is self-employed in the logging and firewood business, filed false personal income tax returns. Among other things, LaRock understated his gross receipts and omitted the cost of goods. In total, the defendant omitted approximately $280,470.72 in taxable income, resulting in a tax loss of $107,749 to the Internal Revenue Service.  

The sentencing is the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy announced today that Adams Amen, 32, a citizen of Ghana, who resides in Detroit, Michigan, pleaded guilty to conspiracy to commit wire 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 Scott S. Allen, Jr., who is handling the case, stated that between March 28, 2015, and June 15, 2017, the defendant conspired with Jason Osei Bonsu and other Ghanaian nationals to devise an internet romance scheme to defraud victims and obtain money.

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

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

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

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

Today’s 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 May 23, 2018, at 1 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 Marguin Sanchez, 23, of California, pleaded guilty to conspiracy to employ unlawful aliens before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and $250,000 fine.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant, along with co-defendant Jose Sanchez-Ocampo, assisted co-defendant Sergio Ramses Mucino, in hiring illegal aliens to work at four Mexican restaurants including Don Tequila on Allen Street in Buffalo, El Agave on Union Road in Cheektowaga, Agave on Elmwood Avenue in Buffalo, and La Divina on Delaware Avenue in Kenmore. The defendant was responsible for paying wages to the workers in cash and purchasing homes in his name where the illegal aliens who worked in the restaurants resided.

Jose Sanchez-Ocampo has been convicted and is scheduled to be sentenced on March 5, 2018. Charges are pending against Sergio Ramses Mucino. 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Marguin Sanchez is scheduled to be sentenced on June 7, 2018, at 2:30 p.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 announced today that Jeffrey Mills, 47, of Buffalo, NY, who was convicted of obstruction of justice, was sentenced to 65 months in prison by U.S. District Judge Richard J. Arcara.

“Our entire adversarial system of justice is dependent upon the truthful testimony of witnesses in a court of law,” stated U.S. Attorney Kennedy. “However, when the greatest fear perceived by a witness is that such witness will face retaliation in the event that they provide truthful testimony, the entire system breaks down.  We cannot and will not allow that to happen. Truth is the voice of justice.  Hopefully, this prosecution and today’s sentencing sends a loud and clear message to the community that the men and women of my Office, together with our law enforcement partners, will do all that we can to protect the rule of law and to ensure that the truth is never silenced.”

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on May 21, 2015, the defendant provided information to his parole officer, law enforcement officers and a prosecutor regarding two homicides and a robbery/kidnapping. Mills stated that he saw his cousin, Thamud Eldridge, run from the area where Sam Jones, Jr., aka Smokey, was murdered. The night Smokey was killed, Mills said that he was riding a bicycle on Bissell Avenue when he heard gunshots. The defendant then saw his cousin Eldridge run through the “cut” from Goodyear Avenue to Bissell Avenue, and get into a vehicle that was driven by Kevin Allen and depart the area. Mills also stated that he spoke with an individual who was also on Bissell Avenue and saw Eldridge toss a gun to the individual after the shooting and heard Eldridge ask that individual to “put that joint up,” meaning to hide the firearm. After the murder, the defendant said Eldridge left Buffalo and traveled to Atlanta, Georgia. After returning to Buffalo, Mills said Eldridge told him that he intended to rob Smokey and “everything went wrong,” meaning the defendant killed Smokey. The defendant also gave information about other criminal activity committed by Eldridge. At the conclusion of the interview, the prosecutor told the defendant that he would be called as a witness in the trial against his cousin Thamud Eldridge.

On January 6, 2016, the defendant met with the prosecutor and two law enforcement for pretrial preparation at which time he again recounted hearing gunshots and seeing his cousin Eldridge run through the “cut” from Goodyear Avenue to Bissell Avenue the night Smokey was killed.  At the conclusion of the pretrial preparation, the prosecutor once again told Mills he would be called as a trial witness.

On February 3, 2016, the prosecution called the defendant as a witness in United States v. Eldridge, et al. As U.S. Marshals Service deputies escorted Mills into the courtroom, the defendant walked by his cousin Eldridge and winked his eye at Eldridge and then sat on the witness stand. Mills refused to be sworn and told the Court that, “it wasn’t going to happen.”  The Judge cautioned the defendant about criminal contempt and Mills was assigned counsel. 

The following day, on February 4, 2016, the defendant took the stand again and agreed to take the oath. The prosecutor questioned Mills regarding the murder of Smokey but the defendant stated he could not remember. When confronted with information he previously gave, Mills testified falsely and feigned memory loss by repeatedly stating that he said he did not recall, did not remember and that he had no recollection of that day. The defendant willfully answered questions this way to impede the due administration of justice. 

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; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Irving Feldman, 62, of Pittsford, NY, who was convicted of food stamp fraud, was sentenced to 12 months in prison and ordered to pay $729,630 in restitution by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that the defendant owned Upstate Fish, Inc., at 826 Joseph Avenue in Rochester, NY. Feldman was authorized to accept and redeem food stamps as the owner of Upstate Fish, Inc. Food stamp benefits are issued by the Food and Nutrition Service of the United States Department of Agriculture (“USDA”) and are distributed to recipients through the use of Electronic Benefit Transfer (“EBT”) cards. When purchasing certain eligible food items, the beneficiary provides the EBT card through an EBT terminal at the authorized retailer. This electronic transfer of benefits is initiated at the retailer’s terminal by deducting benefits from the beneficiary’s account and crediting the amount through an electronic transfer directly from the United States Treasury Department to the retailer’s designated bank account. A retailer is prohibited from exchanging cash for food stamps. 

Between January 2010 and October 2015, the defendant illegally purchased food stamp benefits for less than half their full value for cash from eligible beneficiaries. Feldman engaged in approximately $1,227,063 of illegitimate transactions.

In addition, the defendant directed beneficiaries to purchase fish at other fish stores using their EBT card. The beneficiaries would then bring the fish to the defendant at Upstate Fish, Inc. and Feldman would provide cash to the beneficiaries in amounts less than the cost to purchase the fish. The loss amount from this additional scheme was approximately $202,620.

“The schemes concocted by defendant—real-life fish stories—resulted not only in nutrition assistance being withheld from low-income individuals but also led to significant sums of money being fraudulently diverted from the needy to defendant,” noted U.S. Attorney Kennedy. “I’d like to commend our federal, state, and local partners for their excellent cooperation and assistance in helping us to catch this defendant and successfully prosecute him in federal court.” 

“This corner fish market was a front for the owner’s brazen seven-figure criminal scheme in which he took advantage of society’s most financially vulnerable, as well as our critical welfare system, for his own personal greed,” said New York State Inspector General Catherine Leahy Scott. “I will continue to work closely with my law enforcement partners to put a stop to corrupt business owners illegally profiting from vital government programs.”
           
The sentencing is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction Special Agent-in-Charge Bethanne M. Dinkins; the Rochester Police Department, Economic Crimes Division, under the direction of Chief Michael Ciminelli; the Monroe County Department of Social Services, under the direction of Corinda Crossdale; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the New York State, Office of Inspector General, under the direction of Inspector General Catherine Leahy Scott.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Johnny Blackshell, Jr., 23, Rochester, NY, was sentenced to 147 months in prison by U.S. District Judge Charles J. Siragusa based upon his November 2017 plea to Hobbs Act Robbery and brandishing a firearm in furtherance of a crime of violence. The defendant was also ordered to serve five years of post-release supervision if he is released from state prison. Blackshell was previously sentenced in state court to life in prison without parole for the murders of Johnny Johnson, Raekwon Manigault, and Jonah Barley during a mass shooting outside the Boys & Girls Club of Rochester on August 19, 2015.

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on August 10, 2015, at approximately 3:20 a.m., Blackshell and co-defendant Joseph Lowry entered the 7-Eleven convenience store located on Lake Avenue in Rochester intending to rob both cash and goods. After entering the store, the defendant and Lowry jumped over the service desk and ordered the employees to the ground. Blackshell then pointed a silver handgun at the victim’s head and instructed the victim to open the cash register. Lowry took $80 in United States currency from the cash register. In addition to the money, Blachshell and Lowry took an unknown quantity of cigarettes, tobacco, chewing gum, and numerous rolls of New York State scratch-off lottery tickets. The two then left the store and ran eastbound towards Lake Avenue.  Several of the stolen lottery tickets were later redeemed, and attempted to be redeemed, as winners. Blackshell received monies for the winning lottery tickets. 

Lowry was previously convicted and sentenced to 128 months in prison.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, the Federal Bureau of Investigation, under the direction of Acting Special Agent–in-Charge Kevin Lyons, 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 in Fiscal Year (FY) 2017, the Western District of New York Office recovered $17,889,000 as a result of wide‐ranging efforts in criminal, civil and asset forfeiture cases. Of that amount, $7,223,745 was given to victims of crime in the past year, while $772,000.22 was provided as aid to state and local law enforcement agency partners who worked hand in hand with the office on criminal cases. In addition, as part of an effort to combat fraud, waste, and abuse directed against the government, the Office collected $7,477,119 in affirmative civil enforcement actions, which include proceedings involving health care fraud, government fraud, and more.

“Speaking both literally and figuratively, the tremendous work done by the dedicated women and men of this Office is truly priceless,” said U.S. Attorney Kennedy.  “For not only are the ideals embodied by the work done by this Office—ideals such as upholding the rule of law and preserving justice and equality—themselves without a price, by bringing in more money than we are allocated each year in our budget, we accomplish our virtuous mission while giving more back to the government coffers than we receive.  By any measure, ours is a highly successful business model.”

In addition to recovering funds, a total of 167 dangerous firearms, along with ammunition were forfeited in FY 2017 as instrumentalities of criminal conduct in drug and violent gang cases. Computers and electronic media devices—most related to child exploitation cases—were also forfeited.

Kennedy specifically credited the work done by his Office’s Asset Forfeiture and Financial Litigation Unit, under the leadership of Chief Richard D. Kaufman and Deputy Chief Kevin D. Robinson, and his Office’s Affirmative Civil Enforcement Unit, under the leadership of Civil Chief Mary Pat Fleming and ACE Coordinator AUSA Kathleen A. Lynch.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today Timothy Meacham, 32, of Rochester, NY, who was convicted of selling counterfeit coins, was sentenced to three years probation and ordered to pay $5,184.00 in restitution by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that in May 2017, Meacham posted an ad on Craigslist advertising the sale of two genuine United States gold collector coins. The defendant used a false name and concealed his phone number in the ad in order to hide his true identity. The victim, a Pennsylvania man, contacted Meacham and traveled to Rochester on May 15, 2017, at which time he purchased the counterfeit coins for $5,000.00 cash. As part of the fraud, the defendant falsely represented that the coins were authentic and had been passed to Meacham from his deceased grandfather. The defendant also falsely represented that he needed to sell the coins in order to pay for funeral expenses related to the unexpected death of a family member. Upon his return to Pennsylvania, the victim discovered that the coins were counterfeit and contacted the United States Secret Service in Rochester which began an investigation leading to the arrest of Meacham.    

The sentencing is the result of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bin “Ben” Wen, 46, and Peng “Jessica” Zhang, 45, both formerly of Horseheads, NY, pleaded guilty for their roles in a scheme to defraud the United States before U.S. District Judge Elizabeth A. Wolford. Wen pleaded guilty to conspiracy to commit wire fraud which is punishable by a maximum penalty of 20 years in prison and a $250,000 fine. Zhang pleaded guilty to conspiracy to defraud the United States and faces a maximum sentence of five years in prison and a $250,000 fine. As part of the plea, the defendants agreed to forfeit nearly $5,000,000 in assets derived from their criminal activity. 

Assistant U.S. Attorneys Tiffany H. Lee Grace M. Carducci, who are handling the case, stated that between June 2010, and December 2015, the defendants participated in a scheme to defraud departments and agencies of the United States of federal research funds that were awarded to companies controlled by the defendants. The government entities defrauded by the defendants included: the National Science Foundation (NSF); the United States Department of Energy (DOE); and the United States Department of Agriculture (USDA). 

In December, 2003, Zhang incorporated United Environment & Energy, L.L.C. (UEE) in Horseheads, NY. Meanwhile, Wen incorporated Advanced Technologies and Materials, L.L.C. (ATM), in December, 2007, also in Horseheads. UEE submitted approximately 13 applications to NSF totaling over $2,600,000, 10 applications to the DOE totaling more than $5,000,000 and four applications to the USDA totaling approximately $650,000. The defendant received, through their companies, approximately $8,400,000 in awards from the NSF, the DOE, and the USDA. 
Wen and Zhang submitted false and fraudulent information in Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) applications by:

• fabricating letters of support and investment; • providing false information in research grant proposals and reports regarding business entities, business employees, business/research facilities, matching funds and investments; and
• providing falsified reports and emails regarding how federal research funds were expended.

A substantial amount of the fraudulently obtained money went toward the personal use and benefit of the defendants.

“By diverting monies that were intended to promote innovation and technology in small businesses, the defendants, through their frauds, not only swindled taxpayers but stifled economic and scientific development,” stated U.S. Attorney Kennedy. “It is a core responsibility of this Office to ensure that those receiving federal funds are entitled to those funds and that they are spent in accordance with the purposes for which it was given. Wen and Zhang neither deserved nor appropriately dispersed the millions of dollars in grants that they received.”

Allison Lerner, NSF’s Inspector General said, “The defendants conspired to provide false information about their businesses in SBIR/STTR research proposals, correspondence, and reports submitted to the federal government, misrepresenting among other things, their key personnel and investments, and forming multiple sham companies to carry out their fraud schemes. Not only did they divert scarce taxpayer dollars intended for scientific research to personal use, they inflated their budgets with hours for individuals who were not actually employed by or doing research for their business, and doctored their biographies to strengthen their proposals, victimizing legitimate researchers and professionals in the community. I commend the U.S. Attorney’s Office and our investigative partners for their work on this case.”

“The SBIR Program is an essential Department of Energy program that supports scientific excellence and technological innovation,” stated Principal Deputy Inspector General April G. Stephenson. “We appreciate the efforts of our investigative partners and the U.S. Attorney’s Office in pursuing this matter. We will continue to work collaboratively with them to aggressively investigate those who seek to defraud Department programs.”
“In addition to enforcing the nation’s criminal tax laws, we are also an essential part of the larger law enforcement community,” said James D. Robnett, Special Agent-in- Charge, IRS-Criminal Investigation, New York Field Office. “Our specialized financial expertise is needed in these large and complex investigations, where in this case our Criminal Investigators followed the complex flow of money designed by the defendants to conceal fraudulent grant proceeds they obtained. In addition to today’s guilty plea, this led to the seizure of $5,000,000 in assets that will be forfeited.”

“This investigation demonstrates that ensuring taxpayer dollars are protected from fraud and abuse is a top priority for both the Office of Inspector General (OIG) and the Department of Transportation (DOT),” said Douglas Shoemaker, DOT OIG Regional Special Agent-in-Charge. “Working with our law enforcement and prosecutorial partners, we will continue our efforts to promote the prevention, detection, and prosecution of contract and grant fraud schemes.”

Today’s plea is 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; the Internal Revenue Service, Criminal Investigations, under the direction of Special Agent-in-Charge James D. Robnett,  New York Field Office; and the Department of Transportation, Office of Inspector General, under the direction of Special Agent-in-Charge Douglas Shoemaker.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that William Robert Rosica, 51, of Irondequoit NY, who was convicted of cyberstalking and computer intrusion, was sentenced to 60 months in prison to be followed by three years of supervised release, by Chief U.S. District Judge Frank P. Geraci, Jr. For the first year of supervised release, the defendant will be on home detention. Judge Geraci also ordered Rosica to pay restitution to the victim totaling $2,215.76.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that between February 2016, and March 2017, the defendant, a former Irondequoit Police Officer, subjected the victim to a relentless campaign directed toward threatening and psychologically torturing his victim and injuring, harassing, and intimidating her. Rosica used direct, indirect, and digital surveillance in a focused campaign of online abuse, physical stalking, and harassment aimed at destroying the victim’s life.

The defendant created multiple fictitious email accounts and sent hundreds of harassing emails and text messages to the victim, her family, and her employer. During this time, Rosica also directed and used other people to conduct physical surveillance of the victim and her family, which included people driving by the victim’s home and place of employment and reporting their observations back to Rosica who then used the information to harass the victim. The defendant improperly used his position as a police officer to access law enforcement databases and other restricted online systems in order to obtain information on the victim and her family. Other harassing behaviors included:

• anonymous emails and text messages directing and instructing the victim to commit suicide; • unlawfully accessing and attempting to access the victim’s cellular phone online account and attempting to reset the victim’s password; • unlawfully accessing and attempting to access the victim’s work email and voicemail accounts on several hundred occasions; • unlawfully accessing and attempting to access the victims’s Walgreens Pharmacy and University of Rochester MyChart health care account on multiple occasions; and
• unlawfully accessing and attempting to access the victim’s Time Warner Cable online account on multiple occasions. Rosica also unlawfully accessed the Time Warner Cable account of the victim’s family.

Following his arrest, the defendant made materially false statements to FBI Agents. In addition, the investigation identified several other victims who were subjected to similar physical and digital harassment over several years before he started stalking the victim. As part of the investigation, the FBI conducted extensive electronic and physical surveillance during which they identified Rosica driving by the victim’s home on multiple occasions in various vehicles while attempting to disguise himself from detection. They also obtained footage of the defendant buying some of the items he used to harass the victim, including pay-as-you-go credit cards. Rosica was also captured on audio recordings and digital chats trying to access the victim’s online accounts. The defendant commenced his nearly year-long campaign to harass and torment the victim after she ended their three-year relationship in February 2016.

“The badge worn on the chest of law enforcement officers in our country serves as a gleaming reminder of the many virtues, such as bravery, honor, and duty, found within the hearts they cover,” noted U.S. Attorney Kennedy. “In this case, however, Rosica hid behind his badge and used it to cover the cruel cowardice which existed within his depraved heart. The maximum sentence imposed by the Court was richly deserved.”

"In an ironic and satisfying way, law enforcement identified, arrested, and removed William Rosica from living and working in our community using the same type of techniques he used to sadistically stalk and surveille his victims," said FBI Buffalo Division's Assistant Special Agent in Charge Philip E. Frigm, Jr. "The FBI's Cyber Task Force and its partners conducted this investigation because stalking is no longer only a crime committed by people who physically follow and track their victims. And, today's sentencing proves that cyber stalking -- especially through intrusions as was done in this case -- is no less sinister or frightening."

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and New York State Police under the direction of Major Richard Allen.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeremy Jorge, 21, of Buffalo, NY, pleaded guilty to distribution of fentanyl before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Scott S. Allen, Jr., and Wei Xiang, who are handling the case, stated that on at least seven occasions, between December 2016 and September 2017, the defendant sold what he marketed as heroin in exchange for sums of money between $300 and $1,300. A forensic analysis later determined that the substances contained a mixture of various controlled substances including heroin, fentanyl, butyryl fentanyl, furanyl fentanyl, and U-47700. In total, Jorge distributed over 24 grams of fentanyl in the Buffalo community.

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 May 15, 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 Liliya Dzyuba, 42, of North York, Ontario, Canada, was arrested and charged by criminal complaint with bulk cash smuggling. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 25, 2018, Customs and Border Protection officers encountered the defendant at the Peace Bridge Port of Entry coming into the United States from Canada. Dzyuba indicated that she was coming to Buffalo and staying for a few days to go shopping at the Eastern Hills Mall. When asked how much money she was traveling with, the defendant responded “$5,000.00.” Dzyuba was given a Customs Declaration form and checked “no” when asked if she was carrying “currency or monetary instruments over $10,000 U.S. or Foreign equivalent.” The defendant declared a total of $5,000 and signed the form.

However, during subsequent searches, officers discovered that Dzyuba was carrying $37,000.00 in U.S. Currency around her waist and hidden in her pants. She also had a list of names and money wire transfer locations in the Buffalo, NY area.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and bail was set at $5,000 cash. The government requested that Judge McCarthy stay his release order. The release order was stayed and another appearance is scheduled for February 1, 2018, at 11:00 a.m.

The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, 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 James Palladino, 54, of Delray Beach, Florida, who was convicted of conspiracy to engage in monetary transactions, was sentenced by Senior U.S. District Judge William M. Skretny to six months in prison and ordered to forfeit $175,000.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between February and June of 2011, the defendant and other co-conspirators, participated in a scheme to acquire, manipulate, and trade publicly available stocks of companies with low stock prices (known as "penny stocks"). During the scheme, the defendant and others, directed co-conspirators to issue newsletters containing fictitious and misleading information regarding a targeted stock, which was done in an effort to manipulate the length and intensity of the penny stock promotion scheme. During the scheme, Palladino and others utilized personal brokerage accounts and bank and brokerage accounts in the names of entities they owned and controlled, to fund, trade, and manipulate the price of penny stocks.

During the scheme, the defendant and others made payments totaling $175,000 for the fraudulent stock promotions knowing that the funds used to make the payments constituted criminally derived proceeds from wire fraud activities.

The sentencing is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alexander Maizels, 48, of Ontario, Canada, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000. 

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, a federal investigation was initiated by Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) Buffalo Border Enforcement Security Team (BEST) into the activities of the defendant and multiple co-conspirators contracted to transport controlled substances between the United States and Canada for transnational criminal organization.

The investigation was based in part on Maizels’ arrest in April 2015 by the Illinois State Police for being in possession of over 100 kilograms of marijuana. On April 7, 2015, the defendant entered the United States at the Buffalo, NY port of entry operating a commercial tractor trailer. On April 8, 2015, Maizels’ made a delivery in Patterson, NJ. Later that day, the defendant arrived in Liverpool, NY, at a warehouse that had been identified by law enforcement officers as a warehouse utilized by individuals based in Canada who were suspected of transporting controlled substances. On April 9, 2015, the defendant traveled to a business in Elk Grove Village, IL. HSI Buffalo provided information to HSI Chicago and the Illinois State Police. The Illinois State Police searched the tractor trailer and found 30 brown boxes which contained 235 heat-sealed bundles of a green leafy substance suspected to be marijuana. The Illinois State Police estimated the street value of the seized marijuana was more than $900,000. 

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, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lawrence Neubert, 46, of Spring Valley, CA, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, was sentenced to 120 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 4, 2014, and October 2, 2014, the defendant shipped packages, containing more than 220 grams of methamphetamine, from California to Buffalo. Surveillance video from September 4, 2014, showed Neubert preparing the package and paying for its shipment in cash. In exchange for sending the packages, Neubert received $3500 in USPS money orders.

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. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned an indictment charging Jawayne Watkins, 29, of Buffalo, NY, with possession with intent to distribute, and distribution of, heroin, and possession with intent to distribute, and distribution of a mixture of heroin and fentanyl. The charge carries a maximum sentence of 20 years in prison and a fine of $1,000,000.

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

Watkins was on New York State parole and living in a halfway house at the time of his arrest in November 2017. The defendant will be arraigned on the indictment before U.S. Magistrate Judge Jeremiah J. McCarthy on February 2, 2018, at 2:30 p.m.

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, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Christopher F. Venti, 49, of Ocala, Florida, formerly of Hamburg, NY, who was convicted of wire fraud and tax evasion, was sentenced by U.S. District Judge Elizabeth Wolford to 46 months in prison. Venti was also ordered to pay approximately $1,700,000 in restitution.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that the defendant devised and executed schemes to obtain money from individuals by misrepresenting the existence and success of investment opportunities in order to convince those victims to transfer funds to him or to bank accounts he controlled. Venti engaged in three separate investment schemes between May 2011 and February 2014 as a result of which investors were defrauded of approximately $7,700,000. The defendant, without the authorization of the investors, utilized a portion of those investor funds for personal use.

Between 2006 and 2012, Venti also filed individual income tax returns with the Internal Revenue Service on which he willfully evaded the payment of approximately $216,000 in taxes due and owing.

The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carlos Javier Figueroa, a/k/a/ Javi, a/k/a Big Bro, 39, Roberto Figueroa, 42, Leitscha Poncedeleon, 28, and Orlando Yelder, 36, Jose Justiniano-Rodriguez, 18, Jashua Figueroa, 19,  and Obed Torres, 21, all of Rochester, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, possession with intent to distribute and distribution of five kilograms or more of cocaine, use of a telephone to facilitate drug trafficking and possession of a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life. In addition, Felix Figueroa was arrested and charged in a separate complaint with distribution of cocaine and conspiracy to distribute cocaine, which is punishable by up to 20 years in prison.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that according to the complaint, Carlos Javier Figueroa is the leader of a Rochester-based drug trafficking organization responsible for distributing numerous kilograms of cocaine in the City of Rochester. The organization was involved in the transportation and sale of cocaine and was also responsible for acts of violence in furtherance of the organization’s drug trade. Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics. Carlos Javier Figueroa and his co-conspirators coordinated shipments of cocaine from Puerto Rico, which were sent to locations in Rochester via the United States Postal Service (USPS).
Since September 2017, at least 23 packages have been sent from Puerto Rico to addresses associated with the organization via USPS. Once the packages arrived in Rochester, members of the organization, including Carlos Javier Figueroa, Roberto Figueroa, and Poncedeleon, picked up the packages and took them to another location. The cocaine was then distributed or broken down and packaged for sale in quantities to be further distributed by others. 
In April 2017, members of the Rochester Police Department’s Major Crimes Unit and Special Investigations Section received information from an active member of the organization stating that the individual feared for his/her safety. The individual told investigators that Carlos Javier Figueroa was willing to provide a reward for his/her murder and that Carlos Javier Figueroa has had people killed in the past and he/she was very afraid of him. 
In December 2017, the Rochester Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives began utilizing court authorized wiretaps and surveilling the area of 6 and 12 Burbank Street in Rochester, believed to be Carlos Javier Figueroa’s residence; 292 Barrington Street in Rochester, believed to be Roberto Figueroa and Poncedeleon’s residence and a stash house where shipments of cocaine are stored; 59 Fernwood Avenue in Rochester, a residence belonging to Carlos Javier Figueroa and the address where at least two packages of suspected cocaine were shipped to from Puerto Rico; and 820 East Main Street in Rochester.
On January 29, 2018, during the execution of state search warrants, law enforcement officers seized more than $600,000 in cash, six assault rifles, two loaded handguns, over three kilograms of cocaine, and a quantity of suspected heroin and fentanyl.   
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.
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 Schuele Boys Gang member Antwon Steward, a/k/a Stacks, 34, of Buffalo, NY, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine, before U.S. District Judge Richard J. Arcara. 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. Attorneys Wei Xiang and Scott Allen, who are handling the case, stated that Steward admitted to participating in a cocaine distribution operation with co-defendant Michael Robertson, a/k/a Bones. Among the defendant’s roles was cooking powder cocaine into “crack” for Robertson. Steward and Robertson also shared supplies of cocaine, locations for storing and selling cocaine, and customers. The investigation utilized court-ordered interceptions of wire and electronic communications between Robertson, the defendant, and customers. Robertson was previously convicted and sentenced to 97 months in prison. 

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

The plea is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Nana Dwomah Yeboah, 34, a citizen of the Republic of Ghana, with assaulting and resisting federal law enforcement officers and possessing a controlled substance with intent to distribute. The charges carry a maximum penalty of 20 years in prison and a fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the indictment and a previously filed complaint, on the morning of December 24, 2017, Customs and Border Protection Officers were conducting a routine patrol of the Greyhound bus station on Cumberland Street in Rochester. Officers observed the defendant enter the bus station, place a package on a bench in the lobby area, and exit the station, leaving the package unattended. After several minutes, the officers searched the abandoned package to ensure that it did not pose a threat to the public. Inside, the officers discovered a quantity of marijuana that appeared to be packaged for sale. After several minutes, Yeboah returned to the area and was questioned by the officers, who quickly determined that he was not a U.S. Citizen. As officers attempted to detain and further identify the defendant, he fled the station, leading the officers on a short chase. Yeboah was ultimately apprehended, but proceeded to fight the officers for several minutes, causing one of the officers to suffer facial injuries that required treatment at Rochester General Hospital.

The defendant was arraigned this afternoon before U.S. Magistrate Judge Jonathan Feldman and is being detained. 

The indictment is the result of an investigation by Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, with assistance from the Rochester Police Department, under the direction of Chief Michael Ciminelli. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Brittney Ridgeway, 29, of Buffalo, NY, with possession with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment and a previously filed complaint, on November 24, 2017, at approximately 8:30 p.m., Cheektowaga Police officers responded to a report of a possible overdose death. After the officers arrived, they discovered a deceased 28 year-old female in the residence. Investigators who examined the scene discovered a NARCAN kit which had been opened but unused, items of drug paraphernalia, and a red and white checkered wax envelope, the type commonly used to package heroin.

Also discovered, a cellular phone belonging to the deceased woman. Investigators accessed the contents and recovered a series of text messages between the woman and another individual that appeared to be drug related in nature. Subsequent investigation determined that the other individual was Brittney Ridgeway.

The defendant was previously convicted on a federal charge of conspiracy to possess with intent to distribute and distribution of fentanyl and sentenced to 15 months in prison. Ridgeway was released on June 28, 2017, and began 36 months supervised release.

On November 29, 2017, United States Probation officers met with the defendant.  Ridgeway refused to provide her cell phone for examination. Officers then conducted a search of Ridgeway's Waverly Street residence and recovered a box containing numerous red and white checkered wax envelopes, similar in physical size and color to the envelope found near the deceased woman. Ridgeway was uncooperative with Probation Officers conducting the investigation.

The indictment 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 Cheektowaga Police Department, under the direction of Chief David Zack; and the U.S. Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo.

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 Carlos Francisco Lopez, 28, of Los Angeles, CA, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity and attempting to transport a minor across state lines to engage in sexual activity. The charges carry a mandatory minimum penalty of 10 years and a maximum of life in prison.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 16, 2018, the City of Tonawanda Police Department received a request to conduct a welfare check on a 15 year old girl (victim) who was reported to have run away from home and gotten on a bus. Police officers located the bus in Tonawanda, stopped it, and located the victim who was a passenger. The victim told officers she was running away from home and intended to travel to California to visit family, claiming that her uncle purchased the bus ticket for her.

Subsequent interviews revealed that the victim met an unknown individual, with the username “playfulchaos,” on the internet application Kik in a group for runaway youth. In addition to discussing the victim running away, the two also discussed having sex. According to the victim, the two continued to communicate on the internet application Text Free, making plans for the victim to travel to California.  

On January 18, 2018, an undercover law enforcement (UC) officer posed as the victim to continue to communicate with Lopez. The UC wrote, "hey u there... this bus ride sucks." The UC stated she was due into California around 10:00 pm on January 19, 2018 and asked what to do upon arrival. The defendant replied, "call me or text me. Wait at the station, and ill send an uber." Lopez was arrested after the UC sent a message that the bus had arrived and the defendant ordered an Uber.

In 2011, Lopez was convicted of a sexual offense against a child under the age of 14 in the State of California. He is a registered sex offender. The defendant was released from prison in 2016 and is an active parolee. 

Lopez was arrested in Los Angeles, California and made an initial appearance in Federal Court in the Central District of California. The defendant will be returned to the Western District of New York at a later date.   

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the City of Tonawanda Police Department, under the direction of Chief William Strassburg, and the Cheektowaga Police Department, under the direction of Chief David Zack.

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 Zackery D. Billings, 27, of Mount Morris, 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 36 months in prison by U.S. District Court Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between January of 2011 and October 25, 2011, 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, Billings 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 David Krause; 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 Colette Arne, 67, of Lockport, NY, who was convicted of possession with intent to distribute, and distribution of oxymorphone, a Schedule II controlled substance, was sentenced to two years supervised release by Senior U.S. District Judge William M. Skretny.

  Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between January 2012 and January 6, 2014, the defendant sold oxymorphone to a confidential source working with law enforcement officers on two separate occasions at the defendant’s Applewood Drive residence. Following the second sale, Arne’s residence was searched with her consent. Officers recovered $20,200 in cash and empty prescription pill bottles. The prescriptions were issued to the defendant and her now-deceased husband.

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.

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

Rochester, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Eric P. Laube, 45, of Canandaigua, NY, was arrested and charged by criminal complaint with receipt, distribution, and possession of child pornography. The charges carry a minimum sentenced of five years in prison, a maximum of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, in August, 2017, an undercover FBI Task Force Officer connected to a certain Peer-To-Peer network, and discovered that a device belonging to the defendant was being used to distribute video and picture files containing child pornography. The images and video depicted naked, prepubescent females.

In December, 2017, a federal search warrant was executed at Laube’s State Route 64 residence. Officers seized several digital devices, including two portable hard drives, a thumb drive, a laptop, and a desktop computer. A subsequent review determined that the devices contained approximately 1,130 images of child pornography and approximately 10 videos of child pornography.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman and was released on electronic monitoring.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the Direction of Sheriff Todd Baxter; and the Ontario County Sheriff’s Department, under the direction of Sheriff Philip Povero. 

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 William Padovani, 37, of Buffalo, NY, who was convicted of narcotics conspiracy, was sentenced to 60 months in prison by Senior U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that in November 2014, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed on the package, which contained cocaine and heroin packaged inside coffee grounds. After removing the controlled substances, the Drug Enforcement Administration conducted a controlled delivery of the package. During the delivery, the defendant arrived at the address and placed the package inside of his car. After he began to drive away, Padovani was arrested.   

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 United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Damone Robertson-Burts, 35, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine, and maintaining a drug-involved premises before Senior U.S. District Judge William M. Skretny. 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 August 10, 2017, officers executed a federal search warrant at the defendant’s residence at 57 Roosevelt Avenue, after previously making three controlled buys of cocaine from the defendant. During the execution of the search warrant, officers recovered two packages of powder cocaine, $3,978 in cash, two digital scales with cocaine residue, a sifter with cocaine residue, and assorted ammunition.          

            The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing is scheduled for May 7, 2018 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 a federal grand jury has returned an indictment charging Donald Hennings, 32, of Buffalo, NY, with possession with intent to distribute and distribution of 10 grams or more of butyryl fentanyl and furanyl fentanyl, and maintaining a drug-involved premises. The charges carry a minimum penalty of five years in prison and a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment, between September 28, 2016, and November 17, 2016, law enforcement officers made 10 controlled purchases of substances containing butyryl fentanyl and furanyl fentanyl from the defendant using a confidential source (CS). Hennings conducted the transactions inside a Chevy Traverse at various locations in Buffalo, often in parking lots of high-traffic locations like supermarkets or gas stations. The defendant was surveilled before and after several of the purchases coming from or returning to his residence at 325 Southside Parkway in Buffalo.
A search warrant was subsequently executed at the defendant’s residence. Officers recovered quantities of butyryl fentanyl and furanyl fentanyl, and crack cocaine, along with distribution paraphernalia including a grinder, rubber bands, and glassine bags.
The indictment is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.

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

Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Jerell Weathersby, 21, and Dontrell Wise, 31, both of Buffalo, NY, with conspiracy to possess with intent to distribute a mixture and substance containing butyryl fentanyl, a Schedule I controlled substance. The charge carries a maximum of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that according to the indictment and a previously filed complaint, on November 09, 2017, at approximately 11:40 p.m., two Buffalo Police officers stopped a rental vehicle in the area of Erb Street after detecting the smell of marijuana as the vehicle passed. Officers also noticed the rental vehicle appeared to have aftermarket window tint in violation of New York State vehicle and traffic law. Dontrell Wise was the driver and Jerell Weathersby was a passenger.

            During a pat down of Weathersby, officers found a clear bag of what was believed to be powdered cocaine in his pant pocket. Weathersby stated to officers that it was morphine, which he was taking for a toothache. Forensic testing determined that the substance was actually butyryl fentanyl. Weathersby, who also had two phones and approximately $1,000 in cash, was arrested at the scene.

            During a pat down of Wise, officers recovered approximately $6,000 in cash which Wise stated was from working in a restaurant. According to Wise’s Pennsylvania Board of Probation and Parole Agent, the defendant works in a warehouse in Erie, Pennsylvania, and is not allowed into New York State without parole approval. On December 14, 2017, Wise told the Pennsylvania Board of Probation and Parole office that he was not in Buffalo on November 9, 2017, and that someone used his name without his knowledge. 

            On November 11, 2017, in the area of West Ferry Avenue, Wise and Weathersby were again stopped by the same two officers but in a different rental vehicle. Once again, the officers detected a strong odor of marijuana. Both men were ordered out of the vehicle.  The officers observed two large bulges in Wise’s front pant pockets which the defendant responded was approximately $11,000 in cash. Following a pat down, officers confirmed that the bulges were large bundles of cash.

            The defendants are being held pending arraignment on January 25, 2018 at 10:00 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.

            The complaint is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Buffalo Police Department, under the direction of Acting Police Commissioner Byron Lockwood.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Ludwig, 45, of Fairport, NY, was arrested and charged by criminal complaint with theft of mail matter by a postal employee. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

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

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

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

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

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

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

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 Segundo Francisco Caguana, a citizen of Ecuador, was arrested and charged by criminal complaint with harboring aliens, encouraging illegal aliens to reside in the United States, and hiring or recruiting unauthorized aliens for employment. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

            Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, on October 5, 2017, Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), received information from the Caledonia Police Department regarding possible illegal aliens residing at 246 North Street in Caledonia, NY, and working for Sunset Roofing Corp. Surveillance operations were conducted between October 30 and November 9, 2017. Special agents observed Caguana arrive at the residence in a brown Toyota Tundra at approximately 6:30 a.m. each morning and enter the residence, before departing approximately a half hour later. Thereafter, multiple Hispanic adult males would depart the residence in two work vans parked in the driveway.    

            On November 14, 2017, ICE-HSI agents and ICE Enforcement Removal Officers (ERO) conducted a joint enforcement operation in an attempt to encounter illegal aliens residing at the 246 North Street residence. ICE-HSI agents and ERO officers identified themselves and conducted interviews with the individuals. Seven of the individuals admitted to being illegally present and illegally working within the United States. Six of the undocumented aliens were arrested for entry without inspection, and one was arrested for visa waiver overstay. All seven were transported to the Batavia Detention Facility for processing.

            The complaint states that all seven of the illegal aliens worked for Caguana and paid him rent to stay at the 246 North Street residence. 

            A records check found that Caguana and his wife are citizens and nationals of Ecuador, currently involved in immigration proceedings, but authorized to work within the United States.

            The defendant made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman 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, and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Field Office Director Thomas E. Feeley.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Cox, 50, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine within 1,000 feet of a school or playground, was sentenced to 24 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that in February 2017, law enforcement officers began an investigation into the cocaine, crack cocaine, and marijuana distribution activities of the defendant out of a residence at 45 A Street in Buffalo.

On March 3, 2017, officers conducted surveillance of the residence at 45 A Street and witnessed the defendant discussing the sale of cocaine with an individual. Cox was then observed getting into vehicle and driving a short distance to a residence at 325 Mills Street. After a few minutes inside, the defendant left the Mills Street residence and returned to the A Street residence. Cox was then observed selling a plastic sandwich bag containing a quantity of cocaine.

A few days later, on March 8, 2017, officers once again surveilled the A Street address and noticed traffic coming and going from the residence. Cox was observed exiting the front door of the residence and traveling once again to 325 Mills Street. Once again, the defendant eventually returned to the A Street residence and provided cocaine to another individual.

On March 10, 2017, officers executed a search warrant at 325 Mills Street and discovered a small safe in the attic area which contained $24,000 in cash, and a blue canvas bag containing two plastic baggies of suspected crack cocaine, a digital scale with drug residue, and numerous empty plastic sandwich bags. A search of 45 A Street revealed a large quantity of small Ziploc bags commonly used for packaging crack cocaine. A DVR video recording system which recorded the interior and exterior of 45 A Street was also seized. The defendant was found in 45 A Street and arrested. 

The residences at 325 Mills Street and 45 A Street are located within about 230 feet and 72 feet of Buffalo Public School 59, The Science Magnet School located at 50 A Street.

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 Buffalo Police Department, under the direction of Acting Commissioner Byron Lockwood; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; and the Cheektowaga Police Department, under the direction of Chief David Zack.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Larry Smith, Jr., 39, of Buffalo, NY, with possession with intent to distribute, and distribution of, 28 grams or more of crack cocaine; possession of cocaine with intent to distribute; and maintaining a drug-involved premises. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment, between June 9 and July 27, 2017, the defendant possessed and distributed crack cocaine in the Buffalo area. In addition, on October 5, 2017, Smith possessed cocaine with the intent to distribute it. The indictment further charges that the defendant used 56 Burgard Place in Buffalo for the purpose of manufacturing, distributing, and using cocaine.

The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.

The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.

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

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned an indictment charging Jose Rivas, 40; Jose Luis Santiago Almonte, 37; and Ryan Espinosa Ogando, 30, all natives of the Dominican Republic living in New Jersey, with conspiracy to distribute cocaine and attempted possession of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a fine of $10,000,000.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, in July of 2017, the Drug Enforcement Administration in Gulfport, Mississippi obtained information regarding the drug trafficking activities of defendant Santiago. Specifically, agents learned that Santiago and co-conspirators were arranging to purchase 50 kilograms of cocaine. The co-conspirators agreed to provide two vehicles as down payment for the cocaine. Defendants Santiago and Rivas traveled from New York City to Gulfport in order to make the arrangements, and multiple down payments in the form of vehicles and cash were made.

            In September of 2017, DEA agents received information that the defendants planned to travel to the Buffalo area in order to obtain kilograms of cocaine. A sale was arranged in Buffalo during which the defendants provided approximately $20,000 more in order to secure six kilograms of cocaine.  All three defendants showed up for the exchange.  During the exchange, defendant Espinosa took possession of a backpack containing sham cocaine, provided by the DEA.  The defendants were arrested at that time. 

The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and released on conditions.

The indictment is the is the culmination of investigation by the Buffalo Office of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division, and the DEA Gulfport, Mississippi Resident Office.

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

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Claude Taylor, 38, of Rochester, NY, who was convicted of robbing the Lexington Federal Credit Union, at 1275 Lexington Avenue in Rochester, was sentenced to 40 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Charles E. Moynihan, who handled the prosecution of the case, stated that on May 5, 2016, Taylor entered the Lexington Federal Credit Union, waited in line and then passed a hand written note to a bank teller. The note, which was written on an envelope, demanded that the teller turn over $5,000. The defendant yelled, ordering the teller to “do it fast.”  Taylor also ordered a neighboring teller not to interfere. The bank teller turned over money, and Taylor ran from the bank. Subsequent investigation identified the defendant, and on May 22, 2017, Taylor was arrested by law enforcement officers. 

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the United States Marshal’s Service, under the direction of Marshal Charles Salina; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that James E. Sandford, III, 29, of Penn Yan, NY, who was convicted of possessing a stolen firearm, being a felon in possession of a firearm, and witness tampering, was sentenced to 156 months in prison by U.S. District Judge David G. Larimer.  

Assistant U.S. Attorney Brett Harvey, who handled the trial, stated that the defendant was initially arraigned on a criminal complaint in the Western District of New York on June 4, 2015. Subsequent to his arrest on the federal charges, Sandford attempted to intimidate and threaten a suspected witness against him by shouting to that individual: “I’m not going to be in jail long. I will see you on the outside you snitch.” The defendant made the statement with the intent to influence, delay or prevent the testimony of that suspected witness in the prosecution of defendant. 

Eventually, Sandford was charged in a superseding indictment which alleged that he distributed synthetic cannabinoids (designer drugs) between July 2014 and March 24, 2015, in the Penn Yan area. He was further charged with distributing such substances— and controlled substance analogues, which are designed to mimic the effects of controlled substances—both to individuals under the age of 21 and within 1000 feet of St. Michael’s School, a private elementary school in Penn Yan. In addition, the superseding indictment alleged that on February 22, 2015, the defendant traded synthetic cannabinoids to a minor in exchange for a stolen Savage .410 double barrel shotgun. At the time, the defendant had two prior felony convictions preventing him from legally possessing a gun. Finally, the superseding indictment also charged him with witness tampering related to his statements to the suspected witness.

With the defendant contending that he did not know the substances he was distributing were illegal, the jury failed to reach a verdict on the drug charges against him.  The jury did, however, convict him of the two firearms charges and the witness tampering charge against him.

Sandford is still facing re-trial on 11 drug charges. 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 Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Penn Yan Police Department, under the direction of Chief Mark Hulse; the Yates County Sheriff’s Department, under the direction of Ronald Spike; and the Yates County District Attorney’s Office, under the direction of Todd Casella.

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Ann Nichols, 61, of Edmond, OK, who was convicted of conspiracy to commit wire fraud, was sentenced to two years probation to include eight months home detention by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $147,004 in restitution.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Nichols and co-defendant Donnie Helig utilized a business entity known as CED Computer Services (CED) fraudulently to obtain loans for clients in the form of equipment “leases.” Another co-defendant, Wilfredo Sanio, operated a business in Georgia known as SCF Funding, which acted as a broker and brought clients to CED Computer Services. 

Nichols and Helig falsely advised lease finance companies that CED was selling new equipment to clients and prepared fraudulent invoices for new equipment when, in fact, no equipment or inferior equipment was actually being provided.  Upon receipt of the funding from the finance companies, defendant Nichols gave a commission to Heilig, herself, and Sanio, from the lease proceeds and sent the majority of the remaining proceeds to the client.

All three defendant have been convicted and sentenced.

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.

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

Buffalo, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Caryl, 25, of Silver Springs, NY, pleaded guilty to conspiracy to produce child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on February 14, 2017, the defendant began communicating on MeetMe.com, a social networking service, with a 23-year-old woman in Nashville, Tennesee. During the conversation, the two began to discuss Caryl providing the woman with $300 to have sex with her. The woman wrote, “just $300 and u do what u want to me.”  The defendant replied, “do you have a young girl who could join I’ll pay more...you into young girls”?  The woman responded, “as long as they r 18 and older,” to which Caryl replied, “Ya I meant younger I’ll pay 6000.” The woman replied, “I can’t put things in her mouth she gets sick she’s disabled.” The defendant went on to say, “show me your daughter,” and then the woman allegedly sent a picture to the defendant. Caryl continued to press the woman to send naked pictures of her one-year-old daughter.

A MeetMe.com staff member identified the possible endangerment of a minor and illegal content and notified the National Center for Missing and Exploited Children (NCMEC) who in turn notified the Federal Bureau of Investigation.

The plea is the result of an investigation by the Federal Bureau of investigation, under the direction of Special Agent-in-Charge Adam S. Cohen. Additional assistance was also provided by the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, the Cheektowaga Police Department, under the direction of Chief David J. Zack, and the Niagara County Sheriff’s Office, under the direction of Sheriff James R. Voutour.

Sentencing is scheduled for May 1, 2018, at 9:30 a.m. before Judge Lawrence J. 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 J. Guadalupe Hernandez, 33, and his sister, Felisita Hernandez, 32, both of Farmington, NY, who were convicted of conspiracy to harbor illegal aliens, harboring an illegal alien, and pattern and practice, were sentenced by U.S. District Judge David G. Larimer. J. Guadalupe Hernandez was sentenced to 21 months in prison and ordered to forfeit $70,101.58. Felisita Hernandez was sentenced to time served to include six months home confinement. 

Assistant U.S. Attorney John J. Field, who handled the case, stated that between February 2014 and December 2015, the defendants conspired to conceal aliens working at El Jimador Mexican Restaurant in Farmington, NY, and Molcajetes Mexican Grill, in Greece, NY, in violation of the immigration laws of the United States. El Jimador was owned by defendant Guadalupe Hernandez, while Molcajetes was owned by Felisita Hernandez.

In furtherance of the conspiracy, the defendants provided apartment housing in Farmington and Geneva for some of the undocumented workers. In addition to providing housing, Guadalupe and Felisita Hernandez paid the aliens in cash in order further to conceal their employment.

The sentencings are the culmination of an investigation on the part of Immigration and Custom 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 Arafat M. Nagi, 47, of Lackawanna, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to attempting to provide material support and resources to a designated foreign terrorist organization.  Specifically, Nagi admitted, in his plea, that the attempted to provide material support to a terrorist organization by personally traveling to Turkey in an effort to enter Syria and fight on behalf of ISIS. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Timothy C. Lynch and Joel L. Violanti, who are handling the case, stated that on August 28, 2014, a community member advised the Federal Bureau of Investigation that the defendant spoke about violent jihad to various people in the Lackawanna community and it was common for Nagi to get into verbal complaints over his jihadi beliefs.

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

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

“Arafat Nagi’s plea should serve as a sobering reminder that terrorism’s reach is not confined to obscure individuals operating in far-away lands,” noted U.S. Attorney Kennedy. “Nagi is not the first individual in our community who has sought to provide support to and fight on behalf of ISIS or some other terrorist organization. Likewise, he is not the first terrorist recruit to be turned over to law enforcement by others in the community. Today’s plea illustrates just how critical it is for all of us as members of this community to remain vigilant in our duty both to protect the lives of Americans at home and abroad and to preserve those values—such as liberty, tolerance, and justice—which define us as Americans around the world.”

“As important as catching those who would commit violence against our country, it is vital to cut off the money and counter their recruiting efforts which is the lifeblood of these organizations,” said Federal Bureau of Investigation Assistant Special Agent-in-Charge Philip E. Frigm, Jr.   
   
The plea is the culmination of an investigation by the Federal Bureau of Investigation Joint Terrorism Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen. Assistance in the matter was also provided by the New York State Attorney General’s Office, under the direction of Eric Schneiderman.

Sentencing is scheduled for May 7, 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 Dr. David Blasczak, 69, of Newark, 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 $1,000,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the defendant is a physician at the Clyde Family Health Center in Clyde, NY. According to the complaint, in 2012, Immigration and Customs Enforcement, Homeland Security Investigations in Phoenix, Arizona began an investigation into a fee based child pornography website. In September, 2017, investigators determined that the defendant made 10 purchases from this website. Each file purchased by Blasczak contained thousands of images of child pornography.

On January 18, 2018, law enforcement officers executed a search warrant at the defendant’s home on Jason Drive in Newark. Officers seized several digital devices including a laptop, a digital camera, multiple SD cards, multiple thumb drives, and two memory sticks. Officers estimate that they have already discovered in excess of 1,000 images and multiple videos of child pornography on the thumb drive. 

Members of the public who have specific information related to this case are urged to contact the HSI Buffalo Office at 716-464-5931. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources. If any members of the public have general questions or concerns regarding sexual abuse of children or would like guidance on how to discuss this issue with children, please call the Bivona Child Advocacy Center at 1-585-935-7800. 

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman and is being detained.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Devaughn Salazar, a/k/a “Snake,” 41, of Elmira, NY, of knowingly possessing with intent to distribute and distributing cocaine, possessing a firearm in furtherance of a drug trafficking offense, and being a felon in possession of a firearm. The charges carry a maximum penalty of life in prison and a $1,000,000 fine.

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

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

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

Sentencing is scheduled for March 27, 2018, at 9:15 a.m. before U.S. District Judge Charles J. Siragusa, who presided over the trial of the case.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael V. Secchiaroli, 32, of Buffalo, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to possession of child pornography involving a prepubescent minor.  The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on March 29, 2016, the defendant possessed images of child pornography which were obtained over the internet and stored on a laptop computer. On December 28, 2015, a Special Agent with the FBI, acting in an undercover capacity, logged onto a peer-to-peer file-sharing program and downloaded seven images of child pornography from an individual sharing those images from particular IP address. Further investigation revealed that the IP address was associated with the Secchiaroli’s residence. The defendant admitted that he had been using publicly available peer-to-peer software to download, possess, and view child pornography. Secchiaroli’s electronic devices were found to contain 31 images of child pornography, some of which depicted pre-pubescent children and violence.

The plea is the result of an investigation by agents of the Federal Bureau of Investigation, at the direction of Adam S. Cohen, Special Agent-in-Charge.

Sentencing is scheduled for May 1, 2018, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Clark, 33, of Buffalo, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to distribution of 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 Wei Xiang, who is handling the case, stated that as part of an undercover operation by the Drug Enforcement Administration, controlled purchases of “heroin” were made from Clark on three occasions during March and April of 2017. On two of those occasions, the “heroin” turned out to contain fentanyl only and no heroin. During the three transactions, defendant distributed approximately 70 grams of powder containing 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 April 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 Austin Campbell, 45, of Smyrna, Delaware, pleaded guilty, before U.S. District Chief Judge Frank P. Geraci, Jr., to the crime of interstate travel with intent to engage in illicit sexual conduct. The offense carries a maximum possible sentence of a term of imprisonment of 30 years and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between June 15, 2017, and August 22, 2017, the defendant, began communicating on a social networking application with an undercover agent employed by the Department of Homeland Security. At the time, Campbell believed the agent was a 15-year-old female from Buffalo. The defendant engaged in very graphic sexual conversations with the agent via chat messages.  During them, Campbell discussed traveling to Buffalo to engage in sexual activity.

On August 21, 2017, the defendant indicated that he would be in Buffalo on August 23, 2017.  He and the undercover agent discussed the details of how they would meet. On August 23, Campbell traveled from the State of Delaware to a truck stop located in Cheektowaga, NY. After arriving at the truck stop, the defendant sent the agent a message to come and meet him in the parking lot. Campbell was arrested at that time. 

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 April 5, 2018, at 3:00 p.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 Panagiota Loukisas, 57, of North York, Ontario, Canada, who was convicted of bank fraud, was sentenced to 14 months by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that in November 2014, the defendant opened accounts at five banks in Niagara Falls, NY. Loukisas deposited checks drawn on a Canadian bank account held by her company, PM Global Consulting Services, into the five U.S. accounts. The defendant then withdrew significant sums of money from the Niagara Falls bank accounts before the checks were returned to the banks for insufficient funds. Loukisas is accused of fraudulently depositing non-sufficient fund checks valued at more than $83,000 and withdrawing more than $52,000 from the accounts before the scheme was discovered.

The sentencing is the culmination of an investigation by Special Agents of the 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 announced today that Luis Montanez, 39, of Buffalo, NY, was sentenced, by Chief U.S. District Judge Frank P. Geraci, Jr., to serve 151 months in prison for his role in a conspiracy to possess with intent to distribute, and distribution of 100 grams or more of heroin.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between March 2014, and June 2015, the defendant conspired with Daniel Molina-Rios, Orlando Rios, and Jose Andujar, and others to distribute heroin on the West Side of Buffalo. Rios managed a wide-scale drug trafficking organization and supervised several street-level dealers who used a series of cellular telephones to conduct daily sales with customers seeking to buy heroin.

During the last three weeks or so of the conspiracy, defendant served as a heroin source of supply for the drug trafficking organization.  The Buffalo Police Department and New York State Police conducted 66 undercover heroin purchases from individuals subordinate to the defendant in the organization.

The defendant also maintained a premise at 221 Gorton Street in Buffalo for distributing heroin. A search of that residence on June 18, 2015, revealed a box of glassine bags for heroin distribution and two digital scales indicative of drug traffickers.

Of the 14 defendants charged in connection with this case, Montanez is the 13th to be sentenced.

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 Major David Krause and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.   

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that on January 4, 2018, Jeffrey Brown, 43, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribute, 100 grams or more of heroin before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine. As part of his guilty plea in federal court, the defendant also agreed to plead guilty in New York State Court for his role in a 2016 homicide.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on November 17, 2016, law enforcement officers conducting a drug investigation requested that a cooperating individual place a controlled telephone call to Brown and order a specified quantity of heroin.

Shortly after the call was placed, the defendant and a female driver drove to the location at which the drugs were to be delivered. Brown was taken into custody as he walked on the front sidewalk. Officers seized a plastic bag containing suspected heroin after the defendant dropped the bag at the time of his apprehension. Subsequent investigation determined that the defendant had previously purchased 700 grams of heroin.

This morning, Brown pleaded guilty to Manslaughter in the 1st Degree in New York State Court.

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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Cheektowaga Police Department, under the direction of Chief David Zack.

Sentencing is scheduled for April 19, 2018 before Judge Vilardo.

Brown is scheduled to be sentenced in State Court on April 23, 2018. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Randy Rance, 56, of Tonawanda, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Elizabeth Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

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

The plea is the result of an investigation by the Town of Tonawanda Police Department under the direction of Chief Jerome Uschold, and the Federal Bureau of Investigation under the direction of Special Agent-in-Charge Adam S. Cohen.
Sentencing is scheduled for April 17, 2018 at 1:00 p.m. before Judge Wolford.