Western District of New York

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Lockwood, 44, of Rochester, NY, who was convicted of conspiring to distribute a controlled substance, was sentenced to 24 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Lockwood was prescribed large quantities of oxycodone by his heath care provider for a severe injury that he had sustained. Beginning in February 2015 and continuing until his arrest in February 2017, Lockwood conspired to sell his oxycodone pills to Daniel Volonino, Jr. and Michael Ingham, who, in turn, sold pills to others in the Rochester area.

Michael Ingham has been convicted and is awaiting sentencing. Charges are pending against Daniel Volonino, Jr. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.    

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

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

BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Julius Hall, Jr., 32, Niagara Falls, NY, who was convicted of possession of a firearm in furtherance of drug trafficking, was sentenced to 60 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on November 10, 2016, during the execution of a search warrant at 303 38th Street, Apartment 2, in Niagara Falls, law enforcement officers found the defendant in the living room. A .40 caliber Glock pistol with a loaded 15-round magazine was found inside a zippered bag in the defendant’s bedroom closet. In addition, four plastic bags containing cocaine and crack cocaine were recovered from various locations within the apartment. One plastic bag containing green vegetable matter, two digital scales with white powder residue on the surface, and $578 in U.S. currency were also found within the apartment.

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, and the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nana Dwomah Yeboah, 34, a citizen of the Republic of Ghana, was arrested and charged by criminal complaint with assaulting and resisting federal law enforcement officers and possessing a controlled substance with intent to distribute. The charges carry a maximum penalty of eight years in prison and a fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the 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, who made an initial appearance before U.S. Magistrate Judge Jonathan Feldman, was held in custody pending a detention hearing scheduled for January 16, 2018. 

The criminal complaint 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 Maureen S. Walck, 73 of Lockport, NY, who was convicted of failure to provide lead paint hazard warning notice, was sentenced to time served, fined $1,000 and ordered to pay restitution to the victim in the amount of $53,326.07 by U.S. Magistrate Judge Jeremiah J. McCarthy.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant, a real estate broker with RealtyUSA, executed a contract on January 15, 2014, with the owner of a residence in Lockport, which gave the defendant the exclusive right to sell the residence. The residence was built in approximately 1900, and the owner was aware that lead-based paint hazards were present. The owner informed Walck of the hazards and showed a copy of the lead-based paint inspection reports to the defendant. 

On January 25, 2014, a prospective buyer made an offer to purchase the residence.  As part of the sales contract, a lead-based paint rider and disclosure form was included. Walck indicated that records pertaining to lead-based paint and/or lead-based paint hazards at the residence were provided to the prospective buyer. After an inspection of the residence, and after reviewing the lead-based paint records, the prospective buyer cancelled the sales contract.

On February 6, 2014, a second prospective buyer made an offer to purchase the residence. As part of the sales contract, another lead-based paint rider was included. However, unlike the rider with the first prospective buyers, Walck indicated that the seller had no knowledge of lead-based paint and/or lead-based paint hazards at the residence and that there were no records pertaining to lead-based paint and/or lead-based paint hazards for the residence. The second prospective buyers purchased the residence and closed on the residence on April 11, 2014.  In September 2015, the new owners learned that their child was diagnosed with lead poisoning.

“The legal maxim of caveat emptor or ‘let the buyer beware’ has no applicability where, as here, the seller’s agent withholds information from the buyer notwithstanding her legal obligation to disclose the same,” stated U.S. Attorney Kennedy. “Indeed, the more apt lesson to be gleaned from this prosecution might well be ‘let the artful agent beware.’” 

The sentencing is the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon, and Special Agents of the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Resident Agent-in-Charge Jeffrey K. Stachowiak.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Steven Bennett, 47 of Los Angeles, California, who was convicted of conspiracy to possess 50 grams or more of methamphetamine, and conspiracy to commit money laundering, was sentenced to 180 months in prison by Senior U.S. District William M. Skretny. In addition, co-defendant Jessica Lopez, 37, of Buffalo, NY, was sentenced to six months home detention for her conviction of structuring transactions to evade money reporting requirements.  

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between July 2012, and January 18, 2013, the defendant conspired with others to distribute over 50 grams of methamphetamine and over 500 grams of cocaine. Bennett had the illegal narcotics shipped from California to Buffalo. The drugs would then be distributed in the Buffalo area. During that time frame, the Drug Enforcement Agency utilized and eavesdropping warrant to intercept phone calls between Bennett and his co-conspirators.

One of those co-conspirators was Jessica Lopez. Between July 2012 and October 2012, the defendant was working as a teller at Bank of America. Lopez knowingly structured cash deposits from drug proceeds in an attempt to avoid the bank’s transaction reporting requirements for cash deposits exceeding $10,000.

The sentencings are the result of an investigation by the Drug Enforcement Agency, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and  the Internal Revenue Service, Criminal Investigation Division, under the direction of 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 a federal grand jury has returned a five-count indictment charging Jaron Ruth, 25, of Buffalo, NY, with discharge of a firearm causing death; possession of a firearm in furtherance of drug trafficking crimes; conspiracy to distribute crack cocaine, cocaine, and marijuana; distribution of crack cocaine; and using and maintaining a premises for drug dealing. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment, the charges involve a conspiracy to distribute drugs in Erie and Cattaraugus Counties between 2010 and 2013.  Additionally, the defendant is charged with the murder of Henry Ackley in his home in Kilbuck, NY on September 21, 2012. 

Ruth was previously indicted by a Cattaraugus County, NY jury on a charge of Murder in the Second Degree for the murder of Henry Ackley. However, that indictment was dismissed on the motion by the Cattaraugus County District Attorney in deference to this federal prosecution. It is alleged that during a burglary and robbery of the victim’s home, Ackley was shot by Ruth in the chest, causing his death.

The defendant was arraigned today before U.S. Magistrate Judge Jerimiah J. McCarthy. Ruth was ordered detained pending a detention hearing on January 11, 2018, at 9:30 a.m.

“This Office and the entire Department of Justice has demonstrated a renewed commitment to apprehending and bringing violent criminals like Mr. Ruth to justice,” said United States Attorney James P. Kennedy, Jr. “No matter whether their crimes are committed in the inner city or in the most remote of rural areas, this Office is targeting those who commit violence anywhere in our District. Working together with our federal, state, and local law enforcement partners, our message to those who do violence is simple—we will find you, we will arrest you, and we will prosecute you.”

DEA Special Agent-in-Charge James Hunt stated, “Drug trafficking and gun related violence are often common denominators of DEA targets’ criminal histories. These federal charges solidify the gravity of Ruth’s criminal acts and history. DEA commends our law enforcement partners who worked on this investigation.”

The indictment is the result of an investigation by the Cattaraugus County Sheriff’s Office, under the direction of Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division;  with additional assistance provided by the Cattaraugus County District Attorney’s Office, under the direction of Lori Pettit Rieman.

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 Joseph Cavico, Jr., 49, of Rochester, NY, was arrested and charged by criminal complaint with being a felon-in-possession of a firearm and with possessing a firearm with an obliterated serial number. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

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

The defendant has three prior felonies dating back to 1990 which prevent Cavico from legally possessing a firearm. 

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

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Butler, 43, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to 120 months in prison and 20 years supervised release by U.S. District Judge Lawrence J. Vilardo. The defendant must also pay $3,000 in restitution to victims.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on April 13, 2016, Butler was convicted in state court of one count of promoting a sexual performance by a child, and subsequently sentenced to 10 years probation. On July 19, 2016, an Erie County Probation Officer searched Butler’s residence and recovered two cellular phones with internet capabilities.  As a condition of his probation, Butler was prohibited from possessing such devices. A forensic examination determined that one phone contained over 300 images of child pornography, some of which depicted children under the age of 12, as well as images of violence.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Cheektowaga Police Department, under the direction of Chief David Zack.

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Kenneth Cassidy, 51, of Brooklyn, NY, pleaded guilty to conspiracy to commit wire fraud and willful failure to file an income tax return before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between June 12, 2012, and December 20, 2016, the defendant opened approximately 173 fraudulent Lowe's Accounts Receivable (LAR) accounts throughout the United States using counterfeit checks. Once an account was opened, Cassidy made fraudulent purchases of goods at Lowe’s until the funds were depleted or Lowe’s closed the account. Of the 173 accounts, four were opened at stores in the Western District of New York and purchases were made at stores throughout the Buffalo and Rochester areas. In total, the defendant and others used the fraudulent accounts to make approximately $2,652,391.17 in purchases from Lowe’s.

Additionally, for the tax years 2012 to 2015, Cassidy received gross income in excess of $10,000 from criminal activity, but willfully failed to file federal income tax returns for those years.   

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent in Charge, New York Field Office; the New York State Police, Special Investigations Unit, under the direction of Major George Nohai; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for April 18, 2018, at 9:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Ridder, 46, of Albion, NY, who was convicted of receipt of child pornography, was sentenced to 132 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in January 2017, after exchanging messages with an undercover law enforcement agent, the defendant was found in possession of over 600 images of child pornography, some depicting prepubescent minors and some depicting violent conduct.

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 and the Medina Police Department, under the direction of Chief Chad Kenward.

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 Ridder, 46, of Albion, NY, who was convicted of receipt of child pornography, was sentenced to 132 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in January 2017, after exchanging messages with an undercover law enforcement agent, the defendant was found in possession of over 600 images of child pornography, some depicting prepubescent minors and some depicting violent conduct.

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 and the Medina Police Department, under the direction of Chief Chad Kenward.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Derrick Stubbs, age 52, of Rochester, New York, was arrested and charged by Criminal Complaint with bank robbery and attempted bank robbery, all in violation of Title 18, United States Code, Section 2113(a). These charges each carry a maximum penalty of up to 20 years imprisonment and up to a $250,000 fine.

Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that the Criminal Complaint alleges that on December 5, 2017, Stubbs attempted to rob the Chase Bank located at 560 Monroe Avenue, Rochester, New York, and on that same date, robbed the Summit Federal Credit Union at 1660 Monroe Avenue, Brighton, New York.  The Criminal Complaint further alleges that on December 7, 2017, Stubbs robbed the Chase Bank located at 920 Holt Road, Webster, New York.

The Criminal Complaint alleges that during these robberies, Stubbs handed a note to a bank employee demanding money.  The notes also contained statements to the teller such as “make it fast and don’t try nothing,” “don’t try anything funny,” or “no die pack and no games.”  Stubbs stole approximately $800, on December 5, 2017, from Summit Federal Credit Union robbery in Brighton, and approximately $2,425, two days later, from the Chase Bank in Webster. 

The defendant made an initial appearance on January 4, 2018, before United States Magistrate Judge Jonathan W. Feldman and has been held in custody pending a further status conference scheduled for February 5, 2018, before United States Magistrate Judge Marian W. Payson.

The Criminal 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 Area Major Crimes Task Force and the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Brighton Police Department, under the direction of Mark Henderson; and the Webster Police Department, under the direction of Chief Joseph Rieger.

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

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 6-count indictment charging Demario Chatmon, 39, of Buffalo, NY, with various drug and firearms offenses. The charges carry a mandatory minimum penalty of 5 years imprisonment and a maximum of life imprisonment as well as a $1 million fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on May 15, 2017, a New York State search warrant was executed at the defendant’s residence at 19 South Work Street, Apartment 2, in the Village of Falconer. A loaded 9 mm handgun was found in a bedroom closet along with a box of ammunition. Further, approximately 70 grams of cocaine, 176 grams of crack cocaine, and 25 grams of marijuana were found inside the residence along with drug paraphernalia. Twelve thousand dollars in United States currency, bound together by rubber-bands in $1000 bundles, was recovered from within a jacket pocket. The defendant, who has a prior felony conviction and is thus prohibited from possessing a firearm, was arrested nearby by Jamestown Police Department driving a rented Chevy Impala

The defendant was arraigned before Magistrate Judge Jeremiah J. McCarthy and is being held.

The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Resident Agent-in-Charge Steve Dickey and the Jamestown Police Department, under the direction of Chief Harry Snellings.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 7-count Indictment charging Gary Hannold, II, 42, of Bemus Point, NY, with various drug offenses involving Hannold’s possession with intent to distribute methamphetamine, marijuana, cocaine, and buprenorphine.  The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that in the early morning hours on August 11, 2017, the defendant, who riding his motorcycle in the Village of Sherman, was pulled over by Chautauqua County Sheriff's deputies.  As Hannold got off the motorcycle, he removed his helmet, and then took off a camouflage backpack that he was wearing and threw the pack back into the high weeds adjacent to the motorcycle. Inside the backpack, the deputy found a quantity of suspected crystal methamphetamine packaged in several plastic baggies, was well as marijuana, a clear vile containing cocaine, 10 packets of Suboxone, a digital scale, a bag with unused small plastic bags, U.S. currency, two cell phones, a New York State motorcycle license plate, and numerous other items.
The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained.
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; and the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace.
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 Randy Jarrett, 45 of Buffalo, NY, who was convicted of conspiracy to commit access device fraud, was sentenced by U.S. District Judge Lawrence J. Vilardo to 21 months incarceration followed by three years supervised release.  Jarrett was also ordered to pay approximately $291,000 in restitution.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between July and December, 2013, the defendant conspired with others, including Ricky Butler, Tamika Favors, and Catherine Jarrett, fraudulently to obtain and use unauthorized access devices, namely credit cards, without the knowledge or authorization of the true account holders.  Co-conspirator Ricky Butler used the true account holder’s personal identifying information and account access information to contact financial institutions and have new or replacement credit cards issued to addresses in the Western District of New York.  During the course of the fraudulent scheme, 17 unauthorized credit cards were mailed to properties which were owned and/or controlled by Randy Jarrett and his mother, Catherine Jarrett.  Those credit cards were used by the defendant and the other conspirators to make, and to attempt to make, purchases at Walmart stores and other retail establishments totaling over $330,000.
Tamika Favors and Catherine Jarrett have been convicted and are awaiting sentencing.  Ricky Butler is scheduled for trial beginning in February of 2018.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of acting Inspector-in-Charge Ray Moss of the Boston Division; and the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Iramarie Velez-Mateo, 36, of Tonawanda, NY, and Osvaldo Rivera-Amaro, 47, of Tonawanda, NY, were arrested and charged by criminal complaint with attempted possession, with intent to distribute, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 5 years in prison, a maximum penalty of 40 years in prison and a $5,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on December 15, 2017, United States Postal Inspectors intercepted a package that contained over 2 kilograms of cocaine. The package was addressed to the defendant Iramarie Velez-Mateo.
On December 28, 2017, a controlled delivery of a package containing sham cocaine was conducted at this same Tonawanda address. Defendant Velez-Mateo accepted the package, took it inside the residence, and departed.  Approximately 30 minutes later, defendant Rivera-Amaro conducted counter-surveillance around the house in his black Audi.  After departing, Rivera-Amaro returned to the house with Velez-Mateo.  They obtained the package from the residence and placed it in the trunk of the vehicle.  Law enforcement surveilled the two defendants as they departed.  When Rivera-Amaro’s vehicle was stopped, the package with the sham cocaine was found inside. 
Law enforcement subsequently executed a search warrant of the residence.  During the search, investigators located drug packaging materials and a digital scale.
Previously, on November 15, 2017, Postal Inspectors intercepted a package sent to the same address that contained about a quarter kilogram of cocaine. 
The defendants made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and were released.
The complaint is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector in Charge Shelly Binkowski 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 Clarence Adams, 35, of Buffalo, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a mandatory minimum 20 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 on May 13, 2016, law enforcement officers seized three packages containing cocaine that were shipped from Texas to Buffalo to various recipients. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set-up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo. The three packages contained a total of five kilograms of cocaine. Adams recruited five individuals to receive the packages. He and co-defendant Robert Hall paid the recipients of the packages in money or crack cocaine. A total of 19 packages were shipped from Texas to Buffalo and each package contained at least one kilogram of cocaine. 

During a search of the defendant’s home, law enforcement officers found a drug ledger, multiple cell phones, rubber gloves, digital scale and other drug paraphernalia.

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

Sentencing is scheduled for April 17, 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 Froilan Tressord Bonilla, 31, of Houston, Texas, pleaded guilty to access device fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that Customs and Border Protection officers encountered the defendant on April 10, 2017, at the Peace Bridge Port of Entry in Buffalo after he was refused entry into Canada by the Canadian Border Services Agency. Officers inspected Bonilla’s car and found 65 cards, including credit cards, gift cards and debit cards. Officers also found a laptop computer and a card-encoding device. Examination of the cards revealed that 28 of the cards were counterfeit, having had their magnetic strips re-encoded with new information inconsistent with the number, name, merchant or institution, listed on the front of the card. A search of the defendant’s phone revealed lists of credit card numbers, photographs of gift and credit cards, screenshots of online shopping carts for purchasing credit card numbers, and evidence of money transfers to China, Vietnam and the Ukraine.

The plea 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.

Sentencing is scheduled for April 12, 2018, at 1:00 pm 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 Stephen Jones, 30, of Rochester, NY, who was convicted by a federal jury of conspiring to recruit underage girls to commit commercial sex acts, and sex trafficking of minors and adults by force, fraud or coercion, was sentenced to 25 years in prison by U.S. District Judge David G. Larimer. 

Assistant U.S. Attorneys Melissa M. Marangola and Craig R. Gestring, who together handled the trial of the case, stated that between 2011 and June 2014, the defendant conspired with others, including Kasandra Weeks and Christian Nartey, to target and manipulate seven minor victims and two adult victims, many of whom were at-risk and vulnerable, to engage in prostitution activities. While some victims were located through social media accounts, Jones went to the Department of Social Services or women shelters and waited until girls appearing young in age came outside.  Victims were promised quick money and drugs, and on other occasions, threatened with violence.

Jones and his co-conspirators posted daily advertisements using fake photos for the victims on backpage.com. One advertisement read: “ITS KRISTEN AND ASHLEY!! Ur 2 favorite young GODDESS up all day READY2play!! :-) CALL NOW!!  Victims were taken from the Rochester area to Buffalo, Syracuse, Albany, Utica, and New Jersey in order to engage in prostitution activities and avoid detection by law enforcement. To keep control over the victims, Jones and the others kept the money victims earned from prostitution activities, as many as 10 clients a day, and limited the victims’ communications with family and friends.   

“The decision by Mr. Jones and his co-conspirators, to target females who—because of their ages or circumstances in life—were exceptionally vulnerable, was despicable,” stated United States Attorney Kennedy. “Even more depraved and diabolical was the defendant’s decision to force these vulnerable victims to engage in sex acts so that they might provide him with a revenue stream. Today’s sentence ensures that at least for the next quarter century, girls and women in this community will be protected from this predator.”
 
Kasandra Weeks and Christian Nartey were also convicted.
                                                                                 
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; Immigration and Customs Enforcement, Homeland Security Investigations, of under the direction of Special Agent-in-Charge Kevin Kelly; 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 Shawn Lebrecht, 35, of Olean, NY, who was convicted of possession of child pornography, was sentenced to 60 months in prison and 10 years supervised release by U.S. District Court Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in early August 2016, an undercover law enforcement officer began communicating online with the defendant. Lebrecht sent the officer several images of child pornography. On August 25, 2016, a search warrant was executed at the defendant’s East Green Street residence. During the search, officers recovered a laptop computer. A forensic analysis determined the laptop contained over 300 images of child pornography. Some of the images depicted pre-pubescent children and violence.   

“The public needs to understand that even in cases like this—in which there is no evidence of physical contact between the defendant and a child—there is significant harm to children,” said U.S. Attorney Kennedy. “Individuals such as Mr. Lebrecht create the demand for child pornography that fuels others to produce images of child rape, child abuse, and child exploitation.  Hopefully, the prospects of serving 5 years in federal jail for even looking at this stuff is a strong enough incentive to deter others from doing what Mr. Lebrecht did.”

"As this sentencing clearly demonstrates, child predators will not be tolerated in our communities," said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. "These heinous crimes cause irreparable damage to our children and society. HSI will continue to aggressively pursue those who commit these acts."

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

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

ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Theil, 54, of Corning, NY, who was convicted of possession of child pornography, was sentenced to 30 months in prison and 10 years supervised release by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between 2013 and December 16, 2016, the defendant possessed more than 300 images of child pornography on an Apple MacBook Pro laptop. Theil received the images over the internet. Some of the images depicted prepubescent minors and violence.

In November, 2016, the Ithaca Police Department was alerted by a cooperating witness (CW) that she knew a man from Corning who had a sexual interest in children. The CW told officers that Theil showed her naked images of young girls, approximately seven or eight years old, on his iPad. In addition, the CW stated that Theil admitted to her that he had previously sexually abused his niece on multiple occasions when she was approximately 14 years old. The CW further stated that on another occasion, Theil asked her to facilitate a sexual encounter with a minor female.

On December 15, 2016, search warrants were executed at the defendant’s residence in Corning and at Theil’s lake house in Hammondsport, NY. Following the searches, a forensic examination of the defendant’s computer revealed 367 images of child pornography on Theil’s laptop.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the New York State Police, under the direction of Major Richard Allen, the Ithaca Police Department, under the direction of Chief Pete Tyler, the Steuben County Sheriff’s Department, under the direction of Sheriff James Allard, and the Albany Division of the FBI, under the direction of Special Agent-in-Charge Vadam Thomas.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Reiner, 30, of Cheektowaga, NY, was sentenced to 108 months in prison for attempting to possess child pornography before U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that, beginning in June 2016, the defendant communicated with a 15-year-old girl via cellphone applications Kik and Skout in an effort to have sexual intercourse with the child victim.  Through the cellphone applications and text messaging, the defendant convinced the minor victim to sneak out of her home late at night to meet him for sexual activity on as many as four occasions.  The defendant attempted to entice the victim to ask her friends to participate in sexual activity as well.  Between June 2016 and July 2016, the defendant also asked the 15-year-old girl to send him sexually explicit photographs.  Evidence shows the defendant had sexual intercourse with two other minor females.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, Violent Crimes Against Children Program, 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 Matthew Jaskula, 27, of Buffalo, NY, who was convicted of willfully depriving another of their constitutional rights under color of law resulting in bodily injury, was sentenced to 18 months in prison and three years of supervised release by U.S. District Judge Lawrence J. Vilardo.

According to First Assistant U.S. Attorney Joseph M. Guerra, who handled the case, Jaskula worked as a Cell Block Attendant with the Buffalo Police Department since 2013. On May 19, 2016, the defendant was working as a Senior Cell Block Attendant.

On May 19, 2016, the victim was arrested by two Buffalo Police officers and transported to the cell block area of police headquarters. At approximately 10:00 p.m., the victim, whose hands were handcuffed behind his back, was taken into the fingerprint and mug shot room. The officers and the victim were met by Jaskula and another cell block attendant.

The victim, with his hands still handcuffed behind him, was instructed to face a wall. Within a few seconds, Jaskula grabbed the victim from behind and shoved the victim face-first into a door. The force of the defendant’s actions not only caused the victim to strike the door, it caused the door to fly open and the victim to fall to the ground. On the way to the ground, the victim’s face struck the ledge of a shelf, before striking the floor, face-first.

The defendant’s actions caused the victim to become limp and unresponsive.  Jaskula thereafter grabbed the victim by his handcuffed arms and dragged him down a hallway for approximately 10-15 feet to an open cell. The victim began bleeding profusely as he was dragged by the defendant and taken into an open cell.  As the victim was pulled into the room, the victim’s head hit the door frame, causing blood to pool on the floor. Once in the room, the victim’s facial injuries caused a large amount of blood to fall onto the seat and floor of the cell.

The victim was later taken by Jaskula and another and put into a restraint chair used for non-compliant prisoners. The defendant left the victim in this chair, without seeking medical treatment for the facial injuries, for approximately an hour and 45 minutes. The cell block area in Buffalo Police headquarters is equipped with a video recording system and Jaskula’s actions were captured on video.

Jaskula told two lieutenants on duty that a prisoner had a bloody nose, giving the impression that the victim had the bloody nose when he was brought in by the officers. After one of the lieutenants indicated the victim should go to the Erie County Medical Center, the defendant replied that the victim’s nose was not bleeding anymore and he was refusing medical treatment. At approximately 11:30 p.m., the victim complained of chest pains. The victim was taken to ECMC and treated for nasal bone fractures and a laceration between his nose and right eye.

“Every day, children across the country begin their school day repeating the Pledge of Allegiance, which concludes with the following phrase, ‘with liberty and justice for all,’ noted U.S. Attorney Kennedy. “‘All’ means all, it doesn’t mean ‘some’ or simply ‘those who act the way we like.’ This Office remains committed to doing our part to deliver justice to—and to protect the civil rights of—all citizens in our District.”

"The FBI's Civil Rights Program dedicates a significant amount of its efforts to investigating crimes committed by individuals exploiting their government-granted powers," said Adam S. Cohen, Special Agent-in-Charge of the FBI Buffalo Office.  "Matthew Jaskula received certain powers from the government so that he could defend the rights of the people and prevent wrongdoing.  His badge did not come with the authority to ignore the Constitution; rather, he had a responsibility to uphold it."

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Wendy Kennedy, 39, of Beaver Dams, NY, who was convicted of conspiracy to manufacture and distribute methamphetamine, was sentenced to 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.  

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between June 2012 and May 4, 2016, the defendant provided her brother and co-conspirator Scott Kennedy with equipment and materials, including pseudoephedrine, with the knowledge and intent that her brother would use them to manufacture methamphetamine. Wendy Kennedy also obtained quantities of methamphetamine from her brother, which he had manufactured, that she then distributed to her own customers.   During the course of the conspiracy, Scott Kennedy distributed large amounts of methamphetamine with and to people throughout the area of Schuyler, Chemung, and Steuben Counties in New York.

Also, in furtherance of the conspiracy, the defendant used and maintained 2200 County Route 19, in Dix NY, for the purpose of manufacturing and distributing methamphetamine. Wendy Kennedy permitted her brother to manufacture methamphetamine at this location, and the defendant used that location to sell methamphetamine to others.

Scott Kennedy, and three other defendants, Jared Mendez, Terry Champion, and Quinton Harrison, have also been convicted.

The sentencing is the result of an investigation by the New York State Police, Special Investigations Unit, Rochester; the New York State Police, CNET Southern Tier, under the direction of Major Richard Allen; the Schuyler County Sheriff’s Department, under the direction of William Yessman; and the Schuyler County District Attorney’s Office, under the direction of Joseph Fazzary.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Roderick Arrington, a/k/a Ra-Ra, 37, of Buffalo, NY, who was convicted following a jury trial of racketeering conspiracy, murder-in-aid-of-racketeering, and related charges, was sentenced by U.S. District Judge Richard J. Arcara to consecutive sentences of life in prison. The defendant was also sentenced to 30 years in prison on two other firearm charges.

Assistant U.S. Attorneys Wei Xiang and Paul Parisi, who tried the case, stated that Arrington, a member of the Schuele Boys Gang, killed Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens on the East Side of Buffalo on August 30, 2012. Arrington and other Schuele Boys associates believed Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier.  Arrington exacted vengeance by shooting Balance three times as Balance pleaded that he didn’t kill the deceased associate.

The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, was responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana. Arrington is one of 28 Schuele Boys Gang members and associates arrested in this case. To date, 27 of the 28 defendants arrested have been convicted.

“In accordance with the mandate set by President Trump and Attorney General Sessions to reduce violent crime and make our communities safer, this Office, working with our federal, state, and local partners, is methodically and systematically dismantling the gangs which have terrorized our communities and corrupted our youth for far too long,” said U.S. Attorney Kennedy. “Gang members beware, if you pull the trigger, then the bang that will ring in your ears forever will be that of the steel door slamming on the cell in the federal prison in which you will spend the rest of your life.”

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Giovani Hornea, 21, of Romania, who was convicted of conspiracy to commit bank fraud, was sentenced to 38 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $156,266.30 in restitution.   

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between October 4, 2015, and November 14, 2015, the defendant conspired with co-defendants Nicolae Sarbu and his wife, Marinela Unguru-Ducila, and others to execute a scheme to defraud Bank of America.

The defendants used skimming devices and cameras on seven occasions at automated teller machines (ATM’s) in the Buffalo and Rochester areas as well as in the State of Pennsylvania. Bank account information and personal identification numbers (PIN’s) were recorded without the true account holder’s knowledge or authorization and then used to make unauthorized withdrawals of cash from the various ATM’s. A skimmer is a device used unlawfully to record bank account information from a customer’s debit card when the card is inserted into an ATM.

Nicolae Sarbu has been convicted and was sentenced to 25 months in prison. Marinela Unguru-Ducila was also convicted and sentenced to time served and one year supervised release.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Swinton, 42, of Rochester, NY, who was convicted after a jury trial in July 2017 of possession of cocaine with intent to distribute, maintaining a drug involved premises, possession of firearms in furtherance of drug trafficking crimes, and possession of firearms and ammunition as a previously convicted felon, was sentenced to 22 years and six months in prison, and ordered to pay a fine of $400 by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Katelyn Hartford and Charles E. Moynihan, who handled the prosecution of the case, stated that on October 16, 2012, members of the Greater Rochester Area Narcotics Enforcement Team and Violent Crime Task Force, pursuant to a search warrant, searched Swinton’s residence located at 562 Maple Street in Rochester. As officers entered the location, they saw a co-defendant, David Jones, run from the kitchen into the living room.  Officers arrested defendant Swinton while he was standing in a doorway to a bedroom adjacent to the living room.  A woman, Danielle Bowen, was also arrested in the living room.      

Officers searched the location and found, a .223 caliber rifle, which was loaded with 30 rounds of .223 and .556 caliber of ammunition.  Officers also found a .357 caliber revolver, which was loaded with six rounds of .357 caliber ammunition. The firearms were found under the bedsheets and pillow on the bed in the defendant’s bedroom.    

In the same bedroom, officers found drug packaging material and mail and identifications paperwork belonging to Swinton.  At various other locations in the premises, officers discovered cocaine, drug paraphernalia, digital scales, Pyrex glass beakers, and other items used to process cocaine hydrochloride into crack cocaine.  
The sentencing is the result of an investigation by the Rochester Police Department under the direction of Chief Michael Ciminelli and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent-in-Charge Ashan Benedict, 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 Raymond Crum, 63, of Cheektowaga, NY, who was convicted of possession and receipt of child pornography, was sentenced to 20 years in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant victimized three underage females, a 12-year-old and two 15-year-olds, that he met online. Crum also communicated with the victims via text and telephone. The defendant and the victims engaged in sexually explicit communications and entered into a dominant/submissive relationship in which Crum was the dominant figure. During their communications, the victims sent the defendant sexually explicit images. Crum was aware that the victim were minors at the time he received those images.

On August 5, 2015, a search warrant was executed at the defendant’s residence in Buffalo. Officers seized two computers and a tablet. A forensic examination revealed child pornographic images and videos of the three minor victims and contained communications between the defendant and the victims. In total, Crum possessed approximately 97 images and 34 videos of child pornography.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in- Charge Kevin Kelly, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. Assistance was also provided by the Bardstown, Kentucky Police Department.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Rosier, 23, and Cody Kross-Rosier, 23, both of Buffalo, NY, who were convicted of conspiracy to commit bank fraud and bank fraud, were sentenced by U.S. District Judge Richard J. Arcara. Rosier was sentenced to 12 months in prison and Kross-Rosier was sentenced to time served and three years supervised release, to include six months of home detention.

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between January and March 2014, Rosier and Kross-Rosier conspired with others to defraud and fraudulently to obtain money and funds from federally insured financial institutions. As part of the scheme, the defendants used existing bank accounts and opened new accounts at six financial institutions in order to obtain and attempt to obtain money, services and merchandise totaling over $120,000. Rosier and Kross-Rosier floated checks between the accounts in an effort to prevent the financial institutions from discovering that there were insufficient funds to cover checks deposited into and written on the accounts. 

The sentencing is the culmination 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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Fernando Agurto, 40, of Buffalo, NY, pleaded guilty, before U.S. District Judge Richard J. Arcara, to possession with intent to distribute cocaine and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum of five years in prison, a maximum of life in prison, and a $1,000,000.

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that on July 29, 2016, the Buffalo Police Department executed a search warrant at 68 Vanderbilt Street in Buffalo. While executing the warrant, officers recovered a .380 caliber pistol and brass knuckles. Officers also recovered three plastic bags containing crack cocaine inside a Pringles can, two additional bags of cocaine from a Jif peanut butter jar, a quantity of marijuana, a digital scale containing cocaine residue as well as numerous Ziploc baggies. Hidden in the ceiling above the basement stairs officers also discovered and seized $5,700 in cash. 

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

Sentencing is scheduled for April 11, 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 Carlique DeBerry, 38, of Buffalo, NY, pleaded guilty to distribution of fentanyl causing death before U.S. Magistrate Judge Michael J. Roemer. The charge carries a mandatory minimum penalty of 20 years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on February 25, 2016, the defendant traveled to Hamburg, NY, shortly after 9:00 p.m. to the home of a repeat drug customer identified as R.G. DeBerry sold a quantity of “heroin” to R.G. then left. Shortly after midnight, R.G.'s mother found R.G. slumped over deceased in a chair. 

Law enforcement officers who responded to the residence seized R.G.'s cell phone. The next morning, the defendant sent a text message to R.G. stating, "Call me wen u get this bro." A police officer pretending to be R.G. responded, leading to the following exchange with the defendant:

“R.G.”:           Yo my mins are about used. What's up? That was some good (expletive) last night
Defendant:     K Just checkn on u thts all
“R.G.”:           That was some heavy stuff wtf was up w thay
Defendant:    Its pure thats whats up wit it bro

Deberry then arranged to sell another bundle of the “heroin” for $100.

An autopsy determined that R.G.’s cause of death was acute fentanyl intoxication.

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Vanessa Cardona, 28, of White Plains, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to conspiracy to commit mail fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney’s Trini E. Ross and Stephanie O. Lamarque, who are handling the case, stated that between December 2015 and October 2016, the defendant worked with co-defendants Sergiy Bezrukov, Mark Farnham, and Dustin Walker at what purported to be debt-restructuring companies which had various names including “Corporate Restructure.” The defendant herself used alias names, including “Emily Goldstein” and “Rebecca Epstein,” while assisting with the fraudulent debt restructuring businesses.

Cardona trained employees in the mailroom of the Salamanca, NY, office on the operation of NEO Post machines, which were used to create mass mailings of fraudulent solicitation letters that were sent to small business owners. Those letters, which contained fraudulent solicitations to small business owners seeking monies from them in order to assist them in restructuring high-interest loans held by other lenders, originated from New York City, New Jersey, and Salamanca.  Such letters directed the small business owners to return documents to Corporate Restructure via private carriers, including Federal Express.

Co-defendant Dustin Walker has been convicted and is scheduled to be sentenced on February 2, 2018. Charges remain pending against Sergiy Bezrukov and Mark Farnham. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

Sentencing is scheduled for April 9, 2018, at 2:00 p.m. before Judge Vilardo. 

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alin Madalin Munteanu, 37, of Romania, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, to using a false passport. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that on August 12, 2017, in the Town of Webster, NY, Munteanu was encountered by local police and asked for identification. The defendant provided a forged Hungarian passport that had been issued to someone else but had been altered to include Munteanu’s photograph.

The plea is the result of an investigation by the Department of State’s Diplomatic Security Service, under the direction of Charles Brandeis, Special Agent-in-Charge of the New York Field Office; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Webster Police Department, under the direction of Chief Joseph Rieger.

Sentencing is scheduled for March 23, 2018, at 11:00 a.m. before Chief Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James Nelson, 61, of Tonawanda, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, alprazolam and buprenorphine;  possession with intent to distribute marijuana; and possession with intent to distribute oxycodone, hydrocodone, butalbital, buprenorphine, and alprazolam. 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 two occasions on June 8, 2016, Buffalo Police Department Investigators completed  controlled undercover purchases of Alprazolam, a Schedule IV controlled substance, and Buprenorphine from Nelson.

On December 11, 2017, Special Agents with the Drug Enforcement Administration and Investigators of the Town of Tonawanda Police Department executed a search warrant at the defendant’s Fayette Avenue residence in Tonawanda. Nelson was found in the living room area of the residence. Officers recovered oxycodone pills; acetaminophen pills containing butalbital; suboxone strips containing buprenorphine; suboxone pills containing buprenorphine; hydrocodone pills; alprazolam pills; crack cocaine; marijuana; two digital scales; and approximately $1,400 in U.S. currency.

The defendant is being held following a detention hearing this morning.

The criminal complaint is the result of an investigation by the Tonawanda Police Department, under the direction of Chief Jerome Uschold 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 Yordani Ramirez Salgado, 28, of Miami, Florida, pleaded guilty to conspiracy to commit bank fraud before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that on January 18, 2017, the defendant and co-conspirators Ernesto Alvarez Santos and Abel Garcia Fernandez, flew from Miami, Florida to Hartford, Connecticut. After arriving in Connecticut, Salgado and Santos rented a car and drove to Hamburg, NY where they re-united with Fernandez. In Hamburg, Fernandez provided the defendant and Santos with numerous counterfeit access devices including gift cards re-encoded with account numbers for actual credit card or debit card accounts at various financial institutions.

Between January 23, and January 24, 2017, Salgado and Santos used 129 different counterfeit access devices to purchase gift cards at various Walmart stores in Erie, Niagara, and Orleans Counties. Upon purchasing the legitimate Walmart gift cards, the defendants transmitted the legitimate gift card numbers by cellular telephone to another co-conspirator. In addition, Salgado and Santos possessed an additional 102 different counterfeit access devices, which consisted of gift cards re-encoded with account numbers for actual credit card or debit card accounts at various financial institutions.  The account holders of these credit card or debit card accounts did not authorize use of their credit card or debit card account information. The total estimated loss amount is $120,689.02.
 
Ernesto Alvarez Santos has previously been convicted and sentenced.

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

Sentencing is scheduled for March 5, 2018, 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 Dakar Young, 23, of Tonawanda, NY, was arrested and charged by criminal complaint with possession and distribution of child pornography. The charges carry a minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the defendant was arrested on December 13, 2017, following the execution of a search warrant at his residence. According to the criminal complaint, in May 2017, Young uploaded eight image files of child pornography onto a social networking site. Images of child pornography were also found on Young’s cell phone. 

The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.  Young was ordered detained pending trial.

The criminal complaint is the result of an investigation by the New York State Police ICAC Task Force, under the direction of Major Edward Kennedy, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.

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 Smith, 27, of Niagara Falls, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced to 37 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on February 25, 2016, New York State Parole Officers and others conducted a search at Smith’s residence on Orleans Avenue in Niagara Falls. The defendant was under the supervision of New York State Parole following a July 2010 federal conviction and an August 2014 Niagara County Conviction.

As officers entered, Smith attempted to go into the basement. The defendant was stopped and the basement was searched. Officers recovered a Colt, .32 caliber, semi-automatic handgun with a magazine loaded with two rounds of ammunition. As a result of his previous convictions, Smith is prohibited from legally possessing a firearm.     

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 Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and New York State Parole, under the direction of Acting Commissioner Anthony J. Annucci.

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Antonio Carr, 24, of Niagara Falls, NY, pleaded guilty to being a felon-in-possession of a firearm, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on July 28, 2017, Niagara County Probation Officers performed a home visit for a woman living at 1224 Niagara Avenue, Upper Apartment, in Niagara Falls. As they entered the residence, officers observed the defendant, the probationer's boyfriend, in the bedroom of the apartment. Carr attempted to leave the apartment, telling officers he needed to go and get his children who were in the lower apartment. An officer accompanied the defendant, who was holding a blue jacket in his hand, to the lower apartment. Carr knocked on the door and handed the blue jacket to the occupant of the lower apartment. The officer witnessed the occupant of the lower apartment take the blue jacket down a hallway and place it on a staircase. When the officer asked the occupant of the lower apartment for the blue jacket, they denied having it. The occupant eventually turned it over. The officer discovered a .380 caliber pistol in the right inside pocket of the jacket.

Carr has a previous felony conviction in Niagara County Court and is legally prohibited from possessing a firearm. At the time of his arrest, the defendant was on the list of top offenders in Niagara County.

The plea is the result of an investigation by the Niagara County Probation Office, under the direction of Director John Cicchetti; the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto; and the Bureau of Alcohol, Tobacco. Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.                                               

Sentencing is scheduled for April 6, 2017, 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 Joel Torres Diaz, 30, of Puerto Rico, pleaded guilty to possession with intent to distribute 500 grams or more of cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine. 

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that on May 12, 2017, the defendant attempted to enter the United States from Canada at the Peace Bridge port of entry. Diaz was referred to a secondary inspection during which Customs and Border Patrol officers observed a shoebox inside a plastic bag on the rear seat of the vehicle. Inside the box, officers recovered three packages of cocaine weighing approximately one kilogram.

The plea 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 Investigation, under the direction of Special Agent-in-Charge Kevin Kelly.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Howard Edward Brooks, 40, of Elmira, NY, pleaded guilty to receipt, attempted distribution, and four counts of possession of child pornography involving prepubescent minors before U.S. District Court Judge David G. Larimer. Receipt and attempted distribution of child pornography each carry a mandatory minimum penalty of five years in prison with a maximum of 20 years, while each count of possession of child pornography involving prepubescent minors is punishable by up to 20 years in prison. Each charge also carries a fine of up to $250,000.

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

When FBI Agents arrived to execute the search warrant, Brooks tried to flush several thumb drives down the toilet. The defendant stated that he did so because he saw the FBI in his driveway and knew the thumb drives contained child pornography. However, the thumb drives were recovered from the sewer under Brooks’ residence with the assistance of the Chemung County Department of Public Works. Those thumb drives were then forensically analyzed and hundreds of child pornography videos were recovered from each. 
 
The plea is the culmination of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.

Sentencing is set for May 8, 2018, at 11:30 a.m. before Judge Larimer.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Lambert, 65, of Canada, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, was sentenced to 63 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

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

Harvey Peake has been convicted and its awaiting sentencing.

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

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Jose Dejesus, 35, of Buffalo, NY, who was convicted of possession with intent to distribute heroin and being a felon-in-possession of ammunition, was sentenced to 46 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that on November 10, 2016, Buffalo Police officers executed a search warrant at 224 Virginia Street. After entering the residence, officers found the defendant in the rear bedroom. Officers recovered 16 envelopes containing heroin, 17 pieces of paper containing cocaine, and a plastic bag of marijuana. Officers also found a digital scale and packaging materials in the rear bedroom as well as a 12-gauge shotgun and ammunition. Dejesus was convicted in state court of a felony in 2003 and is prohibited from legally possessing ammunition.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy announced today that Orlando Rios, 45, of Buffalo, NY, was sentenced to 188 months in prison for his role in a conspiracy to possess with intent to distribute, and distribution of 100 grams or more of heroin before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carried a maximum penalty of 40 years in prison, and a $5,000,000 fine.

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, Jose Andujar, Luis Montanez, 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 or illegal use.

During the conspiracy, the defendant made at least six trips to the New York City area to purchase large quantities of heroin from a source of supply, purchasing at least 300 grams of heroin on each trip. In addition, during the time period of the conspiracy, the Buffalo Police Department and New York State Police conducted 66 undercover heroin purchases from individuals subordinate to the defendant in the organization.

Rios exercised decision making authority over participants in the drug trafficking conspiracy, including at least 10 drug “runners” who were responsible for coordinating sales for incoming customers who contacted the drug trafficking organization on a “runner” phone each day. The defendant also maintained a premise at 42 Potomac Avenue in Buffalo for distributing the heroin that was sold. A search of the residence on June 18, 2015, revealed a digital scale, glassine bags, rubber bands, two cellular telephones, $4510.00 in U.S. currency, and a Colt .380 pistol loaded with four live automatic rounds in the magazine.

A total of 14 defendants have been indicted in connection with this case, and Rios is the ninth 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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Darien Bordeaux, 33, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to 41 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on October 22, 2016, Rochester Police Department officers were on patrol in the area of Curlew Street when they stopped a Dodge Grand Caravan because the registration had expired. The defendant was riding in the front passenger seat. The driver and co-defendant, Kalib Gladney, gave a false name when asked by officers. Bordeaux and Gladney were asked to get out of the van and officers searched it. Inside a jacket found on the floor, between the front passenger and driver seats, officers discovered a loaded Arminius Futche-Industre revolver with a defaced serial number. The defendant’s identification card was also found with the revolver. Bordeaux was previously convicted in 2004 of Robbery in the First Degree and is legally prohibited from possessing a firearm and ammunition.  

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, 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 Georgina Fisher, a/k/a Georgina Baratta, 47, of Niagara Falls, NY, pleaded guilty to attempting to cause a financial institution to fail to file a transaction report before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for April 10, 2018, before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that LiangLiang Guo, 31, and Chengqi Li, 28, both of Flushing, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to use interstate facilities to promote prostitution and to transport individuals in interstate commerce with intent that such individuals would engage in prostitution. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendants were part of a multi-state prostitution business that sent female victims to cities and states across the Eastern United States to engage in commercial sex acts. As part of that business, Li and others posted advertisements on Backpage.com to set up meetings between clients and prostitutes in Tonawanda, NY and other cities and states. Guo acted as a driver for the prostitution business, driving the females to hotels where they would engage in commercial sex acts.  Guo also collected the proceeds of the illicit prostitution business. Li assisted in the running of the business by posting the advertisements, arranging for the travel of the females, and receiving the money that represented was the profits of commercial sex acts.

“By their guilty pleas, the defendants admitted that theirs was a business plan which linked their bottom line to their ability to promote and facilitate the sexual exploitation of their workers,” noted U.S. Attorney Kennedy. “These felony convictions represent the just return that defendants have earned for investing themselves in such a morally bankrupt venture.”
“The guilty pleas acknowledge the defendants primary roles in a sex trafficking scheme with multiple victims,” said Homeland Security Investigations Special Agent-in-Charge Kevin Kelly. “HSI will continue to work with every stakeholder engaged in the effort to ensure traffickers are brought to justice and victims get the support they need.”

The pleas are the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and  the Fairview Township Police Department, under the direction of Chief Jason C. Loper.

Defendant Guo’s sentencing is scheduled for March 19, 2018 at 9:30 a.m. and defendant Li’s sentencing is scheduled for April 9, 2018 at 10:00 a.m., both 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 Giovanni Salmonson, 26, of Olean, NY, who was convicted of possession with intent to distribute heroin, and being a felon in possession of a firearm, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on January 1, 2015, Olean Police responded to a trespassing complaint near the 200 block of North 1st Street. Upon arrival, an officer spotted the defendant near 225 North 1st Street and asked Salmonson to step out of the roadway and up onto the curb.  The defendant took off running. While he was running away, the officer noticed that Salmonson was wearing a black Nike backpack/drawstring bag. A foot chase ensued and the defendant entered a backyard at 121 North 2nd Street after throwing the black Nike bag over a fence into another yard. An officer ordered Salmonson to the ground, and he complied. After retrieving the bag, officers recovered a .22 caliber revolver from inside. Subsequently, officers also recovered 14 bags of heroin, six suboxone pills and $851 dollars in United States currency. 

The sentencing is the culmination of an investigation on the part of the Olean Police Department, under the direction of Chief Jeff Rowley; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.    

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced that Michael O’Neill, 47, of Niagara Falls, NY, who was convicted of unlawful possession of a destructive device, was sentenced to 30 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that in the early hours of July 21, 2015, the Niagara County Sheriff’s Office responded to a 911 call regarding an injury at 6761 Walmore Road in Wheatfield, NY. When emergency personal arrived at the scene, they discovered the defendant with a significant injury to his lower left leg, apparently the result of an explosion. O’Neill was immediately taken by Mercy flight to ECMC, where his left leg was amputated below the knee.

Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage of the residence where the explosion occurred and discovered what appeared to be an area where explosive devices were being manufactured. Explosive powder and BB pellets were in plain view. Upon further inspection, Bomb Squad personnel discovered six destructive devices, five of which were constructed of hard cardboard tubing with sealed ends and a fuse. One of those five devices was labeled, “Powder w/Nails.” The sixth device was made out of a flashlight with sealed ends and a hole with a wick coming from the center. Other items discovered on the property included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a plastic box of triple seven pellets, and a plastic bottle labeled as triple seven powder.

Later on July 21, O’Neill told investigators that he had watched a video on YouTube regarding stump removal and had made a couple of M80’s. When the explosion occurred, O’Neill stated he was using extra materials from the M80’s to make “something.” The defendant said he was using a heat gun, which ignited what he was making. O’Neill dropped the item he was making on the floor of the garage and attempted to stomp it out when it exploded.

The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Armando Navarrete-Dominguez, 29, of Mexico, pleaded guilty, before U.S. District Judge Richard J. Arcara, to reentering the United States illegally after a conviction for an aggravated felony.  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 on February 15, 2017, the defendant was taken into custody after a vehicle and traffic stop on Grand Island, NY. Record checks revealed that Navarrete-Dominguez was a citizen of Mexico and was previously convicted in North Carolina of sexual exploitation of a minor and breaking and entering. Further, the defendant was deported and removed from the United States to Mexico in 2009 after his convictions in North Carolina.

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

Sentencing is scheduled for April 6, 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 Isaac T. Kannah, 51, of Philadelphia, PA, pleaded guilty to misprision of a felony, before U.S. District Judge David G. Larimer.  The charge carries a maximum penalty of four years imprisonment and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that, in May 2011, an Immigration Judge of the Executive Office of Immigration Review was conducting removal proceedings against George Boley, the former head of the Liberian Peace Council during the Liberian Civil War in the 1990s.  One of the issues material to the removal proceedings was whether the Liberian Peace Council was a warring or fighting faction during the war.  During the removal proceedings, Boley offered false and inaccurate testimony on this issue, asserting that the Liberian Peace Council was not a warring or fighting faction, in an effort to corruptly influence, obstruct and impede those proceedings, a felony in violation of Title 18, United States Code, Section 1505.

In May 2011, the defendant knew that Boley was offering false and inaccurate testimony in order to obstruct the removal proceedings. Despite this knowledge, the defendant failed to notify the relevant federal authorities (such as the Immigration Judge or federal law enforcement authorities) about the crime. In addition, Kannah also sought affirmatively to conceal the crime by failing to state that the Liberian Peace Council was in fact a warring faction during the Liberian Civil War despite being questioned on that issue during his testimony at Boley’s removal proceedings.

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

The United States Attorney’s Office was assisted in this investigation and prosecution by Brenda Sue Thornton, a Department of Justice Trial Attorney with the Counterterrorism Section, National Security Division.

Sentencing is scheduled for May 9, 2018, at 2:30 p.m. before Judge Larimer.