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 Bobby Bullard, Jr., 35, of Rochester, NY, who was convicted of theft by government employee, was sentenced to 90 days in jail and one year supervised release by U.S. District Judge David G. Larimer. The defendant was also ordered to pay $648 in restitution for a stolen cell phone.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant worked as a Mail Handler Associate at the U.S. Mail Processing and Distribution Center in Rochester. While so employed, Bullard was seen rifling through packages that he was supposed to be sorting. Special Agents from the Postal Service’s Office of Inspector General conducted surveillance on three separate occasions and recorded Bullard taking packages containing smart phones off the sorting conveyor belt. Agents watched as the defendant covertly opened the packages, removed the smart phones inside, put them in his pocket, and then discarded the empty packaging materials. Agents recovered several cell phones from Bullard at the time of contact and also recovered discarded phone packages. Bullard is no longer a Postal Service employee.  

In sentencing the defendant, Judge Larimer noted that the public relies upon the Postal Service as well as the honesty of its workers.

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

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

Buffalo, N.Y. –U.S. Attorney James P. Kennedy, Jr. announced today that Stephanie W. Cowart, 58, of Grand Island, NY, pleaded guilty to theft concerning programs receiving federal funds before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. In addition, Cowart’s son and daughter-in-law, Allen, 31, and Fredia, 28, both of Niagara Falls, NY, pleaded guilty to a misdemeanor charge of theft of government funds which carries a maximum penalty of one year in prison and a $100,000 fine.

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

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

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

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

“As the leader of the Niagara Falls Housing Authority, Stephanie Cowart was obligated to act as a responsible steward of these funds and to use them to better the lives of residents and the community as a whole,” said U.S. Attorney Kennedy. “Instead, the defendant misused her position to ensure that the only improvements realized through her administration of these funds were to the bank balances of her family members.”

“Stephanie Cowart used her power as the Executive Director of the Niagara Falls Housing Authority to enrich herself and members of her family,” said Adam S. Cohen, Special Agent-in-Charge of the FBI’s Buffalo Division. “She failed to honor the public position she held.”

"In a blatant abuse of power, longtime executive director of the Niagara Falls Housing Authority, Stephanie Cowart failed the very people she was hired to assist by diverting public funds to her relatives through exorbitant hourly wages and grants," State Comptroller Thomas P. DiNapoli said. "My investigators brought this case to our partners in law enforcement, and I thank U.S. Attorney James P. Kennedy, Jr., the U.S. Department of Housing and Urban Development's Inspector General, and the FBI for their diligent work in the fight against public corruption."

The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Office of New York State Comptroller Thomas P. DiNapoli, Division of Investigations.

Sentencing for the defendants is scheduled for April 5, 2018 at 12:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Duke Jimenez, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara, to production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 50 years, and a fine of $500,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between February 10, 2014, and October 27, 2014, the defendant engaged in sexual contact with a three-year-old female child entrusted to his care. During that contact, Jimenez used his cellular telephone to create visual depictions of the victim engaging in sexually explicit conduct. The images were located on the defendant’s SD card. 

Jimenez was arrested by the Buffalo Police Department on November 18, 2015, at which time the defendant’s telephone was seized. A subsequent search of phone and SD card in the phone revealed 18 image files which depicted the victim engaging in the sexually explicit conduct. 

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

Sentencing is scheduled for April 16, 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 Derek Fagan, 33, of Wellsville, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, a mixture and substance containing methamphetamine.  The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

Sentencing is scheduled for March 22, 2018, before Judge Vilardo. 

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

Buffalo, N.Y. –U.S. Attorney James P. Kennedy, Jr. announced today that Brenda Mansour, 20, of Buffalo, NY, pleaded guilty to a misdemeanor charge of introducing into interstate commerce a misbranded food before U.S. District Judge Richard J. Arcara.  The charge carries a maximum penalty of one year in prison and a fine of up to $100,000.

Assistant U.S. Attorney Brendan T. Cullinane, who is handing the case, stated that in May of 2015, New York State Department of Taxation and Finance inspectors encountered the defendant at Mario’s, a store located at 2304 Pine Avenue in Niagara Falls, during a routine inspection of the store’s tobacco and cigarette inventory. The inspectors recovered 331 packages of suspected synthetic cannabinoids, which were labeled either “Geeked Up,” “Scooby Snax (Watermelon),” “Scooby Snax (Bluberry),” “Scooby Snax (Green Apple),” “Xtreme Aroma Therapy (Strawberry),” “Xtreme Aroma Therapy (Brandy),” or “Joker.”  The inspectors turned over the packages to Special Agents from Homeland Security Investigations for further analysis. HSI confirmed that Mansour offered for retail sale packages containing a green vegetable matter laced with chemicals not authorized for human consumption, including AB-FUBINACA and XLR-11, both of which are Schedule I controlled substances. The defendant sold these packages knowing that customers intended to inhale, ingest, or burn the contents contained in the packages.

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly, and the New York State Department of Taxation and Finance, under the direction of Commissioner Jerry Boone.

Sentencing is scheduled for April 4, 2018, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Richard Klaffka, 59, and his wife, Cathleen Klaffka, 62, both of Holland, NY, who were convicted in connection with Richard Klaffka’s receipt of over $1,000,000 in benefits from the Department of Veterans Affairs (VA) and the Department of Labor under false pretenses, were sentenced by U.S. District Judge Richard J. Arcara. Richard Klaffka was convicted of wire fraud and sentenced to 32 months in prison. Cathleen Klaffka was convicted of misprision of a felony and sentenced to three years probation. The couple was also ordered to pay restitution totaling $1,237,427; $922,137 to the VA and $315,290 to the Department of Labor.   
 
        Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that in 2006, Richard Klaffka told the VA that, due to an injury connected with his military service in 1978, he was disabled, confined to a wheelchair and unable to engage in daily activities like walking, driving, and dressing himself. To promote the fraud, Cathleen Klaffka pushed Richard Klaffka in a wheelchair when at the VA hospital in order to support Richard’s false claim regarding his mobility limitations. In fact, both knew that Richard Klaffka was able to walk without assistance and regularly engaged in extensive physical activities including hiking, riding a bike, and pitching iron horseshoes.
 
        Similarly, in order to get workers compensation benefits from his employment with the United States Postal Service, the defendant falsely claimed that his mobility was limited due to a work injury and that he was only able to walk with the assistance of a cane. All told, the Klaffka’s received $1,237,427 in government benefits to which they were not entitled. The investigation was triggered by an anonymous call to a fraud hotline.

"Services and programs offered by federal agencies such as the VA and the Department of Labor are designed to assist those who are most in need,” said U.S. Attorney Kennedy. “When defendants like the Klaffka’s try to game the system, they victimize those who are truly deserving and in need. With today's prison sentence, Mr. Klaffka will finally be able to experience firsthand what it means to suffer a true limitation to one's mobility.”  

            “The Department of Veterans Affairs pays disability compensation to eligible veterans who suffer from an injury or disease stemming from their military service,” said VA OIG Special Agent-in-Charge Donna Neves. “The defendants in this $1.2 million scheme defrauded, not only their fellow veterans, but the American taxpayer.”

            “Klaffka lied regarding the extent of his injury and physical limitations in order to fraudulently receive government benefits that he was not entitled to. The U.S. Department of Labor, Office of Inspector General will continue to work with our law enforcement partners to ensure the integrity of the Federal Workers Compensation Program and pursue criminal charges against those who seek to fraudulently benefit from the Federal Employee Compensation Act," said Michael C. Mikulka, Special Agent-in-Charge, U.S. Department of Labor, Office of Inspector General, New York Region.

U.S. Postal Service Office of Inspector General Acting Special Agent-in-Charge Kenneth M. Cleevely stated: “The U.S. Postal Service spends nearly $3 billion per year in workers compensation costs, most of which goes to deserving postal employees with legitimate injuries suffered on the job. However, a few of them choose to take advantage of the system and defraud the government of hundreds of thousands of dollars. Special agents with the U.S. Postal Service Office of Inspector General will diligently investigate and bring to justice with our law enforcement partners individuals who cheat the system, and take money they don’t deserve. This sentence should also serve as a deterrent to other postal employees who may be thinking of committing workers compensation fraud; you may end up behind bars and out of a job. To report crimes committed by postal employees, including workers compensation fraud, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.”

         The sentencings are the result of an investigation on the part of Special Agents of the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Donna L. Neves; the Department of Veterans Affairs Police Department, under the direction of Chief Jeremy Novak; U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; and the United States Postal Service, Office of Inspector General, under the direction of Kenneth M. Cleevely, Acting Special Agent-in-Charge, Eastern Area 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 Demario James, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine, was sentenced to time served (over 40 months) by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that between June 2013 and July 2014, James conspired with co-defendant Michael Robertson and other Schuele Boys associates and gang members to distribute cocaine in the City of Buffalo. The defendant purchased cocaine from Michael Robertson and then broke down the cocaine for distribution to customers.
 
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
 
James is one of 28 Schuele Boys Gang members, associates and other individuals arrested in this case. To date, 27 of the defendants have been convicted.
 
Today’s sentencing the culmination of an investigation on the part of the FBI's Safe Streets Task Force, 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 Wilfredo Sanio, 53, of Georgia, who was convicted of misprision of a felony, was sentenced to two years probation and ordered to pay restitution totaling $147,004 by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between May 2010 and May 2012, the defendant concealed the fraudulent activities of co-defendants Ann Nichols and Donnie Heilig. Heilig and Nichols, both of whom resided in the state of Oklahoma, utilized a business entity known as CED Computer Services (CED) fraudulently to obtain loans for clients in the form of equipment “leases.” Wilfredo Sanio operated a business in Georgia known as SCF Funding, which acted as a broker and brought clients to CED Computer Services. 

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

Ann Nichols and Donnie Heilig have been convicted of wire fraud. Helig was sentenced to eight months home confinement and Nichols is awaiting sentencing. 

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony McCutcheon, 51, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and possession of a firearm in furtherance of drug trafficking, was sentenced to 132 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between June 2013 and February 25, 2014, the defendant conspired with others to distribute crack cocaine in the Buffalo area. McCutcheon supplied cocaine to co-defendants Troy Cooley, Andre Owens, Morrell Buster, and William Jefferson. During the execution of a search warrant at the defendant’s East Amherst Street residence, law enforcement officers recovered cocaine, crack cocaine, baggies and scales. Officers also recovered a loaded 9mm semi-automatic handgun.

McCutcheon was charged along with Cooley, Owens, Buster, Jefferson, Deandre Sparks, Markiel Hall, Alicia Maghett, and Carmella Rivera. All nine defendants have been convicted.

Today’s 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 Lackawanna Police Department, under the direction of Chief James Michel.

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

ROCHESTER, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jared Mendez, 32, of Bradford, NY, who was convicted of theft of anhydrous ammonia with knowledge it would be used to manufacture methamphetamine, was sentenced to 46 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, Terry Champion, who was convicted of possession of a listed chemical with knowledge it would be used to manufacture a controlled substance, was sentenced to 63 months in prison. 

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between June 2012, and May 4, 2016, Mendez and Champion conspired with Scott Kennedy and others to manufacture and distribute methamphetamine.

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. During that time, Kennedy received the assistance of numerous co-conspirators who provided him with supplies with the intent that he would use those supplies to manufacture methamphetamine. Between July 2015 and October 2015, Jared Mendez stole anhydrous ammonia and sold it to Kennedy.

Between January 2016, and May 4, 2016, Terry Champion obtained quantities of pseudoephedrine and sold it to Scott Kennedy. In addition, on January 22, 2016, Champion possessed approximately 182 pseudoephedrine pills for the purpose of manufacturing methamphetamine.

Co-defendant Wendy Kennedy has been convicted and is awaiting sentencing. Charges are pending against co-defendant Quinton Harrison. 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 sentencings are 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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ernest Clayburn Cauley, Jr., 26, and Zackiel Leonard Fields, Jr., 22, both of Jamestown, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the Federal Bureau of Investigation and the Jamestown Metro Drug Task Force (JMDTF) have been investigating a suspected drug trafficking organization, primarily involving methamphetamine, in the Jamestown area. According to the complaint, the defendants, Cauley and Fields, are the main suppliers of methamphetamine to the organization.

In addition, defendant Fields was identified by the U.S. Postal Service as a person who had purchased thousands of dollars of postal money orders with cash at post offices in the Jamestown area. Lacking any apparent legitimate occupation or employment, the conduct by Fields and others of converting large sums of cash, as much as $500,000 or more, into postal money orders over the last 18 months, raised suspicions.

The defendants were arrested on November 6, 2017, following an alleged drug transaction during which Cauley and Field received a quantity of suspected methamphetamine. The defendants, driving in separate cars, were pulled over by police and arrested. Suspected methamphetamine was found in the car in which Fields was riding.

The defendants made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and are being held pending detention hearings scheduled for December 4, 2017. 

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 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 Leon R. Williams, 38, of Buffalo, NY, was arrested and charged by criminal complaint with  possession with intent to distribute heroin and cocaine, and possession of a firearm in furtherance of drug trafficking. The charges carry a maximum penalty of life in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that, according to the complaint, in September 2017, law enforcement officers began investigating the narcotics distributing activities of the defendant. Investigators received information that Williams was distributing heroin from his residence at 37 Texas Street in Buffalo. On November 29, 2017, officers observed the defendant leave his residence and get into his 2007 Audi Q7. Williams traveled north on Bailey Avenue and stopped at a dry cleaner. Upon exiting the business, the defendant was taken into custody.

Subsequently, officers executed a search warrant at 37 Texas Street and recovered multiple small bags containing an off-white substance and a brown powdery substance on the kitchen table. The bags were believed to contain suspected heroin and cocaine. Scales, razor blades and cutting agents were also located in the residence along with a Glock 22, .40 caliber firearm, and a .40 caliber magazine containing 10 rounds of ammunition was loaded inside the firearm. A second high-capacity magazine for a .40 caliber firearm was also seized together with a total of $73,743.00 in cash. 

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on December 4, 2017.

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

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Anjaneyulu Katam and Mahalakshmi Cheruvu, of Rochester, NY, were arrested and charged by criminal complaint with visa fraud, money laundering, false statements, and conspiracy to defraud the United States. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that according to the complaint, between 2011 and 2016, Katam and Cheruvu ran businesses in which they falsified immigration documents for Indian nationals to enter the U.S. and work in tech industries involving computer programming. The husband and wife manipulated the H-1B visa program, which allows U.S. employers temporarily to employ foreign workers in specialty occupations. The complaint states that Katam and Cheruvu falsified visa applications, work experience documents and work contracts, which they then submitted to the U.S. Department of Labor, Department of Homeland Security, and Department of State, in order to secure H-1B visas for Indian nationals. Their efforts resulted in the unlawful entry and employment of several Indian nationals within the United States.

The defendants made an initial appearance before U.S. Magistrate Judge Jonathan Feldman and were released on conditions.

The criminal complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York
 
Region, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Department of State’s Diplomatic Security Service, under the direction of the Special Agent-in-Charge of the New York Field Office, Charles Brandeis.

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 Ryan Peltan, 32, of East Aurora, NY, pleaded guilty to brandishing a firearm in furtherance of a crime of violence before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum sentence of seven years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that, on October 24, 2015, the defendant entered Larwood Pharmacy Inc., located at 597 Oakwood Avenue in East Aurora. Armed with a handgun, the defendant directed the pharmacy owner at gun point to give him controlled substances. Peltan also ordered customers to lie on the ground. The defendant then forcibly took numerous bottles of prescription pills and controlled substances and fled the pharmacy. Peltan was subsequently arrested a couple days later in Akron, Ohio, in possession of many of the prescription pills and controlled substances that were taken from Larwood Pharmacy during the robbery.   

The plea is the result of an investigation by: the Drug Enforcement Agency and the East Aurora Police Department. 

Sentencing is scheduled for March 23, 2018, at 12:30 p.m. before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick D. Angelo, 28, of Syracuse, NY, was arrested and charged by criminal complaint with interstate communication of a threat, and threatening a federal official. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both. 

According to Assistant U.S. Attorney Craig R. Gestring of the U.S. Attorney’s Office for the Western District of New York in Rochester, the criminal complaint alleges that on Thursday, October 19, 2017, the Washington D.C. office of New York Congressman John Katko received a threatening voice mail that included a death threat to the Congressman and his family.

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

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

“While citizens are certainly entitled to communicate their views on issues of importance to them to their elected officials, there are and must be bounds to the manner in which such views may be expressed, said U.S. Attorney Kennedy. “We will respond aggressively to those who overstep those bounds and seek to influence the making of Federal policies and legislation by making threats to the lives of those entrusted with such tasks and their families.” 

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

Angelo made an initial appearance this afternoon before U.S. Magistrate Judge Therese Wiley Dancks and is being held pending a detention hearing on December 1, 2017 at 2:00 p.m.  

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

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shamar R. Chester, 41, of Rochester, NY, pleaded guilty to failing to register as a sex offender before U.S. District Judge Elizabeth A. Wolford.  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 Chester was convicted in 2007 in Washington, DC, for committing a sex crime involving a child. As a result, the defendant was required to register as a sex offender and keep that registration updated. In March 2015, Chester moved from Washington, DC, to Rochester, NY but failed to register as a sex offender in New York State. The defendant also failed to notify the authorities in Washington, DC, that he had moved to Rochester.

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

Sentencing is scheduled for February 26, 2018 at 11:00 a.m. before Judge Wolford.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeuane Harvey, 30, of Rochester, NY, who was convicted of being a felon-in-possession of a firearm and ammunition, was sentenced to 37 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on September 9, 2016, Rochester Police Department officers were on patrol in the area of the David F. Gantt Community Center located on North Street in Rochester. Officers saw that the defendant, who was standing with two other people, was holding a rifle with a curved magazine, which appeared to be high capacity. Harvey ran as officers attempted to confront him. After briefly losing sight of the defendant, officers found him and took Harvey into custody. The defendant did not have the rifle in his possession; however, officers searched the surrounding area and found the rifle laying on the ground near the playground. An ammunition magazine with a 30 round capacity, loaded with 17 rounds, was attached to the rifle. In 2008, Harvey was convicted of Criminal Possession of a Weapon in the Second Degree and Criminal Possession of a Weapon in the Third Degree, both felony level offenses.  As a result of those convictions, Harvey was legally prohibited from possessing a firearm or ammunition.  

Today’s 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
 
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brendon Allan Young, 35, of Rochester, NY, pleaded guilty to production, distribution and possession of child pornography before Chief U.S. District Judge Frank P. Geraci. The combined charges carry a maximum penalty of 100 years in prison.

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

At the same time, the Rochester Police Department and Monroe County Child Protective Services had begun an investigation after the victim made a disclosure of sexual abuse to a friend’s mother. HSI Agents, the Rochester Police Department, and Child Protectives engaged in a joint investigation that led to Young’s arrest by both state and federal authorities. The defendant has since been sentenced to 30 years in State Court. Federal sentencing is scheduled for February 28, 2018, before Judge Geraci.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an six-count indictment charging Elias Armand, 40, of Lackawanna, NY, with various drug offenses involving Armand’s possession and distribution of heroin, fentanyl, butyryl fentanyl, furanyl fentanyl, U-47700, and cocaine.  The indictment also charges him with possessing a firearm in furtherance of drug trafficking crimes and being a felon in possession of a firearm. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that between 2014 and February 2, 2017, the defendant is accused of conspiring with others to possess and distribute illegal narcotics, including heroin, fentanyl, and cocaine. According to the indictment and a previously filed complaint, an individual working with the Drug Enforcement Administration made a controlled purchased of approximately 10 grams of suspected heroin from the defendant.

On April 13, 2017, DEA special agents and detectives from the Lackawanna Police Department executed a search warrant at defendant’s residence and recovered the following: a plastic bag containing approximately 500 grams of suspected cocaine; a 9mm semi-automatic pistol; two magazines filled with ammunition; a digital scale; packaging equipment: and three empty packages addressed from China, the main distributor of the synthetic opiate fentanyl. Officers also located a kilogram press.

The defendant was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

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

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 Adam Doumbouya, 30, of Ireland, was arrested and charged by criminal complaint with improper use of another person’s passport and making a false statement to law enforcement. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that, according to the complaint, the defendant attempted to enter the United States at the Amtrak Train Station Port of Entry in Niagara Falls on November 19, 2017. Doumbouya presented an Irish passport bearing the name Mariame Kourouma to a Customs and Border Protection Officer. The defendant also told the officer she was traveling to New York City to visit relatives.

An officer entered the defendant’s fingerprints into a Fingerprint Identification System and determined that she was in fact Adam Doumbouya, a citizen of Ireland, and not Mariame Kourouma. The investigation further revealed that the defendant was previously denied entry to the United States at the Rouses Point, New York Port of Entry, and had been refused a visa at the United States consulate in Dublin.
 
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing scheduled for November 28, 2017, at 9:30 a.m.

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

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

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has found Isiah Pierce, 34, and Larry Willis, 32, both of Buffalo, NY, guilty of possessing crack cocaine with intent to distribute, maintaining a drug involved premises, possessing firearms in furtherance of drug trafficking activities, and being a felons-in-possession of firearms and explosives. In addition to the foregoing, defendant Pierce was also convicted of possession with intent to distribute cocaine, fentanyl, and butryl fentanyl.      The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorneys Laura A. Higgins and Paul E. Bonanno, who handled the trial of the case, stated that between November 2016 and December 1, 2016, the defendants utilized two apartments inside 70 Henrietta Avenue, Buffalo, New York, to manufacture, package, and store quantities of crack cocaine, heroin, cocaine, fentanyl, and butyryl fentanyl, along with the proceeds for sale of such controlled substances. To protect their product and their proceeds, the defendants maintained multiple firearms and ammunition within each of the apartments.

During the execution of a search warrant in the lower apartment at 70 Henrietta Avenue, officers recovered crack cocaine, three firearms and ammunition, a digital scale with drug residue, packaging material, whisks, spoons, and cutting agents. A subsequent search of the upper apartment uncovered additional amounts of crack cocaine, a mixture of heroin and butyryl fentanyl, three handguns and numerous rounds of ammunition.

The verdict is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard and the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.

Pierce and Willis will be sentenced on March 20, 2018, and March 21, 2018, respectively, before U.S. District Judge Lawrence J. Vilardo, who presided over the trial of the case. 

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Walker, Jr., 25, of Buffalo, NY, who was convicted of distribution of fentanyl and unlawful possession of a firearm by a person subject to an order of protection, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on five occasions in March and April of 2016, the defendant sold fentanyl to a confidential source of the Federal Bureau of Investigation. The last of those transactions occurred on April 18, 2016, when Walker sold a quantity of fentanyl for $1,000.

On April 26, 2016, a search warrant was executed at the defendant’s residence on Busti Avenue in Buffalo. Officers recovered a semi-automatic pistol, and a magazine loaded with 13 rounds of 9mm ammunition. At the time, Walker was subject to a court order prohibiting him from harassing, stalking, or threatening an individual. The defendant was also explicitly prohibited from using, attempting to use or threatening use of physical force against the individual. The individual has children with the defendant.

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, 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 Shawn Sylvia, 35, of Buffalo, NY, pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that the defendant organized a scheme fraudulently to collect on non-existent debts and over-collect on debts that had been paid-in-full. Sylvia, or other individuals he managed, contacted eight victims via telephone purporting to be from organizations which included: American Mutual Holdings (AMH); Check Systems, LLC; Interstate Recovery Solutions; Apex Resolution Group; Interstate Check Registry; Miller and Flemming and Associates (MFA); Pasquale and Associates LLC; Checking Solutions; or Aries Resolution Group.

The defendant and others used strong-arm tactics including threats of arrest, jail, and lawsuits to convince victims to make payments toward what they were told were outstanding debts. Victims were directed to transfer money via MoneyGram and Western Union and to wire funds into bank accounts controlled by the defendant or his associates. Merchant accounts were established with two merchant processing companies in order to process credit card payments made by victims. In creating those merchant accounts, Sylvia and others made false representations to the payment processing companies claiming that the business entities they operated were engaging in legal services, investment services, and software sales. The payment processing companies suffered losses as a result of chargebacks of payments as a result of unauthorized and fraudulent charges. 

Between May 2013 and August 2017, Sylvia and his associates fraudulently obtained a total of $342,303.

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

Sentencing is scheduled for April 3, 2017, at 12:30 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 Jimmy Lee Barner, 35, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for March 13, 2018, before Judge Vilardo.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shaheen Hassanali, 45, pleaded guilty to filing a false tax return, and her husband, Riyaz Hassanali, 57, both of Williamsville, NY, pleaded guilty to receiving and delivering misbranded drugs. The pleas took place before U.S. District Judge Richard J. Arcara. The charge against Shaheen Hassanali carries a maximum penalty of three years in prison and a $250,000 fine. Riyaz Hassanali faces a maximum penalty of one year in prison and a $100,000 fine. 

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

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

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

Sentencing is scheduled for March 6, 2018, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Ingham, 29, of Rochester, NY, pleaded guilty to conspiring to distribute a controlled substance before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that co-defendant Ronald Lockwood was prescribed large quantities of oxycodone by his heath care provider. Beginning in October 2016 and continuing until his arrest in February 2017, Ingham conspired to purchase those pills from Lockwood to sell to others in the Rochester area.

Ronald Lockwood has been convicted and is awaiting sentencing. Charges are pending against another co-defendant 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.    

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

Sentencing is scheduled for January 16, 2018, at 10:30 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 Dr. Paul Biddle, 53, of Amherst, NY, was arrested and charged by criminal complaint with obtaining controlled substances through fraud and identity theft. The drug charges carry a maximum possible term of four years in prison, while the identity theft charges carry a maximum possible term of five years in prison.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that Biddle is an anesthesiologist and pain management doctor who also operates a medical marijuana practice.

According to the complaint, in September 2017, federal agents reviewed information from the New York State Bureau of Controlled Substances/Bureau of Narcotic Enforcement (BNE) regarding prescriptions issued by the defendant. The review showed that Biddle was prescribing controlled substances for 23 of his patients through a pharmacy in Tampa, Florida. Such prescriptions, which were paid for without using insurance, were sent directly to the defendant’s home address in Amherst or his office in Orchard Park, NY. Between November 11, 2013, to October 16, 2017, Biddle wrote and received a total of 888 prescriptions for controlled substances in this manner from the Tampa pharmacy.  The prescriptions were for opioids including hydromorphone HCL, fentanyl citrate, and morphine sulfate. Two of the 23 patients for whom defendant wrote the prescriptions were already deceased at the time that defendant wrote a combined total of 33 separate controlled substance prescriptions for them.  

Evidence obtained from Dr. Biddle’s trash suggest that the opioids he was fraudulently receiving, as well as marijuana, were being used unlawfully at his home.

The defendant made his initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released, with the express condition that he not practice medicine or be permitted to write prescriptions pending his next court appearance on November 27, 2017.

“The harm caused by drug addiction, particularly opioids knows no boundaries,” said U.S. Attorney Kennedy. “From LeRoy Avenue to LeBrun Drive and from Olcott to Orchard Park, lives across our region are being ruined, and even lost, every day as a result of opioid addiction.  Sadly, it appears that Dr. Biddle used his medical license as a license both to steal his patient information and to divert drugs to himself. Today’s arrest reminds us that no one is immune from the deleterious impact of drug addiction.”

The complaint is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation, Western New York Healthcare Fraud Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Department of Financial Services, under the direction of Maria T. Vullo, Superintendent of Financial Services; Department of Health and Human Services, Office of Inspector General, Office of Investigations, under the direction of Special Agent-in-Charge Scott Lampert; and the Amherst Police Department, under the direction of Chief John Askey.

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 Damar Currie, 42, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of cocaine, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.

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

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

Sentencing is scheduled for February 28, 2018, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Roland Yockel, II, 30, of Hilton, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in October 2016, Homeland Security Investigation (HSI) Special Agents in Phoenix became involved in an ongoing child pornography investigation with investigators from the New Zealand Department of Internal Affairs Te Tari Taiwheuna, Digital Child Exploitation Team (NZDCET).  That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.

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

On November 21, 2017, a search warrant was executed at the defendant’s North Avenue residence. Agents recovered DVD’s containing numerous videos and images of child pornography. Yockel resides in the basement of the North Avenue residence with his parents and siblings and his parents provide babysitting services at the residence.

U.S. Attorney Kennedy emphasized that given the defendant’s access to children, HSI Special Agents working the case are seeking the public's help in order to determine whether there are additional minor victims.

"Based upon his access to children and the nature of the allegations in this case, we believe there is a possibility there are unidentified child victims," said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo, which covers the region. "We encourage anyone in the Rochester area who may have information that could be relevant to the case to come forward."

Members of the public who have information related to this case are urged to contact the local HSI Buffalo Office at 716-464-5923. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources.

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

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

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

ROCHESTER, N.Y.-  U.S. Attorney James P. Kennedy, Jr. announced today that Michael Ingham, 29, of Rochester, NY, pleaded guilty to conspiring to distribute a controlled substance before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Ingham was prescribed large quantities of oxycodone by his heath care provider. Beginning in October 2016 and continuing until his arrest in February 2017, Ingham conspired to sell his oxycodone pills to Daniel Volonino, Jr. and Ronald Lockwood, who, in turn, sold pills to others in the Rochester area.

Ronald Lockwood 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.    

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

Sentencing is scheduled for January 16, 2018, at 10:30 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 Barrett Johnson, 34, of Jamestown, NY, pleaded guilty to possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

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

Co-defendants Joshua Castro and Richard Clarke have been convicted and are awaiting sentencing.

Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.

Sentencing is scheduled for February 8, 2018, at 2:30 p.m., before Chief Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy Jr. announced today Barrett Johnson, 34, of Jamestown, NY, pleaded guilty to possession with intent to distribute MDA, also known as “Molly,” a Scheduled I controlled substance, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

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

Co-defendants Joshua Castro and Richard Clarke have been convicted and are awaiting sentencing.

Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.

Sentencing is scheduled for February 8, 2018, at 2:30 p.m., before Chief Judge Geraci.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Scott Kennedy, 40, of Beaver Dams, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, 500 grams or more of a mixture or substance containing methamphetamine, was sentenced to 235 months in prison by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between June 2012, and May 4, 2016, Scott Kennedy conspired with others, including Wendy Kennedy, Jared Mendez, and Terry Champion, to manufacture and distribute methamphetamine. Kennedy distributed large amounts of methamphetamine with and to people throughout the area of Schuyler, Chemung, and Steuben Counties in New York. During that time, defendant personally manufactured large amounts of methamphetamine at his home at 44 Campground Road in the Town of Catlin and on the property maintained by his sister, Wendy Kennedy, at 2200 County Route 19 in the Town of Dix.

Kennedy also received assistance from numerous co-conspirators who provided him with supplies with the intent that he would use those supplies to manufacture methamphetamine. Jared Mendez, for example, sold stolen anhydrous ammonia to Kennedy, while Terry Champion sold pseudoephedrine to Kennedy.

Jared Mendez, Terry Champion, and Wendy Kennedy have been convicted of charges stemming from the conspiracy and will be sentenced on December 1, 2017, November 30, 2017, and December 19, 2017, respectively. Charges are pending against another co-defendant, Quinton Harrison. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. 
 
Today’s sentencing is the result of an investigation by the 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 District Attorney 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 Stevie Alejandro, 31; Cleophus Dentmond a/k/a Face, age 28; Gilbert Guzman, age 48; and Catherine Ramos, age 29, all of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and distribution of a mixture or substance containing cocaine.  The charges carry a maximum sentence of 20 years in prison and a fine of $1,000,000, or both.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, since May 2017, the defendants, including Alejandro, the operator of Barberians Barber Shop located on East Lovejoy Steet, in Buffalo, NY were selling cocaine out of the barber shop.  The Buffalo Police Department received numerous complaints about suspected drug activity in the barber shop which is located across from Buffalo Public School No. 43, the Lovejoy Discovery School.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division;  the Buffalo Police Department, under the direction of Commissioner Daniel Derenda;  Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.    

Initial appearances were held before U.S. Magistrate Judge Jeremiah J. McCarthy on November 16 and November 17, 2017.  The defendants were released on conditions except for Stevie Alejandro who requested a detention hearing which is scheduled for November 21, 2017. 
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-- U.S. Attorney James P. Kennedy, Jr. announced today that Saul Robinson, 38, of Rochester, who was convicted of brandishing a firearm during and in relation to a crime of violence, was sentenced to 188 months in prison and 5 years supervised release, by U.S. District Judge Charles J. Siragusa. Robinson was also ordered to pay $179 in restitution and forfeit a firearm and ammunition.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that on December 27, 2013, at about 10:30 pm, Robinson committed an armed robbery of the Adams Mobil Station located at 575 N. Winton Road in Rochester.  Robinson brandished a loaded .25 caliber semi-automatic pistol and stole $179 in U.S. currency from an employee. The gas station routinely purchases and sells goods from suppliers within and outside the State of New York.  As such, Robinson’s armed robbery gave rise to the federal investigation and prosecution.  Robinson was arrested later that night by the Rochester Police Department.
The conviction was the culmination of an investigation conducted 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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ernest Young, 50, of Rochester, NY, who was convicted of bank robbery, was sentenced to 151 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that Young robbed four banks over the course of one week, just days after being released from the New York State Department of Corrections on similar charges. During each of the robberies, the defendant demanded money from the teller and said he had a gun. 

o On January 5, 2017, Young robbed the Bank of America branch located at 671 Park Avenue in Rochester; o On January 6, 2017, the defendant robbed the Chase Bank branch located at 3917 Lake Avenue in Rochester; o On December 31, 2016, Young robbed the M&T Bank branch located at 314 Waring Road in Rochester; and o On January 4, 2017, Young robbed the M&T Bank branch located at 1385 Lyell Avenue in Rochester.

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 Rochester Area Major Crimes Task Force and the Rochester Police Department, under the direction of Michael Ciminelli.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Lockwood, 44, of Rochester, NY, pleaded guilty to conspiring to distribute a controlled substance before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Lockwood was prescribed large quantities of oxycodone by his heath care provider.  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.

Charges are pending against Daniel Volonino, Jr. and Michael Ingham. 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 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.

Sentencing is scheduled for January 11, 2018, at 10:00 a.m. before Judge Larimer.

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 Rashawn Dewer, 37, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, was sentenced to 120 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that the defendant was an organizer in a conspiracy that transported kilograms of cocaine from Texas to Buffalo and cash proceeds from Buffalo to Texas. Law enforcement agencies in multiple jurisdictions, including the State of Louisiana, made multiple seizures including:

• On August 16, 2014, law enforcement officers stopped a vehicle in the vicinity of Covington, Louisiana, that was traveling from Buffalo to Texas.  Inside a hidden compartment in the vehicle was approximately $330,020.  That money originated from the defendant, was being transported at the defendant’s direction, and was payment for cocaine;

• On January 20, 2016, law enforcement officers stopped a vehicle in the area of Lake Charles, Louisiana that was traveling to Texas. Inside a hidden compartment in the vehicle were over $275,000.  That money originated from the defendant and was being transported at the defendant’s direction; and

• On February 22, 2016, law enforcement officers stopped a vehicle driven by a co-conspirator in the area of Lake Charles, Louisiana. Seized from inside the vehicle was approximately $798,021.  At the time, the co-conspirator resided in Sugarland, Texas.  After arrest, the co-conspirator asked an associate to call a telephone number that was subscribed to a second co-conspirator, who resided in Buffalo, to say, “I’m not going to make it.”  On the money wrappings, one latent fingerprint was developed and found to match known prints from defendant Dewer.

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

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 Antwone K. Dean, 37, of Buffalo, NY, pleaded guilty to possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm in furtherance of drug trafficking, before U.S. District Judge Elizabeth A. Wolford. The charges carry a minimum penalty of 10 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 the defendant is on parole for a 2001 manslaughter conviction. On November 22, 2016, New York State parole officers visited Dean’s residence on East Eagle Street for inspection.  Inside, they found the defendant, a loaded .45 caliber pistol, and a bag of powder containing fentanyl and butyryl fentanyl.

The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Drug Enforcement Administration, under the direction of James J. Hunt, New Special Agent-in-Charge, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge Ashan Benedict, New York Field Division.

Sentencing is scheduled for February 22, 2018, at 4:00 p.m. before Judge Wolford.

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 Jawayne Watkins, 29, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, heroin. The charge carries a maximum sentence of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, in July 2017, an undercover officer made a $1,500 controlled purchase heroin from the defendant. Prior to the purchase, investigators surveilled the defendant as he left his Thompson Street residence and traveled to meet the undercover officer. Investigators then followed Watkins as he conducted what appeared to be another drug transaction on Farmer Street before returning to his Thompson Street residence.

Watkins is currently on New York State parole and living in a halfway house.

The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on November 28, 2017. 

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. - Today, United States Attorney General Jefferson B. Sessions, III, designated and appointed James P. Kennedy, Jr. to be the United States Attorney for the Western District of New York, effective November 17, 2017. 

Since October 2016, Kennedy has served as the Acting United States Attorney pursuant to the Vacancy Reform Act. The Attorney General’s appointment of United States Attorney Kennedy is for a period of 120 days or until a Presidential appointee qualifies under 28 U.S.C. §541, whichever occurs first.

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 J. Guadalupe Hernandez, 33, and his sister, Felisita Hernandez, 32, both of Farmington, NY, pleaded guilty to conspiracy to harbor illegal aliens, harboring an illegal alien, and pattern and practice before U.S. District Judge David G. Larimer. The charges carry 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 between February 2014 and December 2015, the defendants conspired to conceal aliens working at El Jimador Mexican Restaurant in Farmington, NY, and Molcajetes Mexican Grill, in Greece, NY, in violation of the immigration laws of the United States. El Jimador was owned by defendant Guadalupe Hernandez while Molcajetes was owned by Felisita Hernandez.

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

The pleas are the culmination of an investigation on the part of Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for Sentencing is set for January 19, 2018, at 2:00 p.m. before Judge Larimer.

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

BUFFALO, N.Y.-Acting U.S. James P. Kennedy, Jr. announced today that Pablo Ulloa, 33, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute five grams or more of methamphetamine, was sentenced to 37 months in prison by Senior U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that the Drug Enforcement Administration received a tip regarding the drug trafficking activities of the defendant and his co-defendant Brian Donaldson. On October 27, 2016, Hamburg Police conducted surveillance at a local motel where the defendants were staying. At approximately 9:15 p.m., Donaldson left the motel and was subsequently pulled over in a traffic stop by Hamburg officers. A search of the vehicle recovered a small quantity of methamphetamine, and a lock box which contained a much larger quantity of methamphetamine. A search was then conducted of the motel room where Donaldson and Ulloa were staying. During that search, officers recovered more containers of methamphetamine, several cellular telephones, drug packaging materials, a scale, and pipes.

Donaldson was convicted and sentenced to 51 months in prison. 

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

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 Shaquan M. Shingledecker, 25, of Niagara Falls, NY, pleaded guilty to possession with intent to distribute heroin before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

Today’s plea is the result of an investigation by the New York State Police, under the direction of Major Edward Kennedy; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; 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.

Sentencing is scheduled for February 15, 2018, at 8:30 a.m. before Judge Wolford.

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 Joel C. Jacob, 22, East Meadow, NY, who was convicted of conspiracy to possess with intent to distribute MDMA, also known as “Molly,” was sentenced to 36 months probation to include six months home detention by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on August 17, 2016, Jacob signed for a parcel addressed to him during a controlled delivery by the U.S. Postal Inspection Service. The delivery was made to Jacob’s residence on Campus Drive in Buffalo, a residence he shared with co-defendant Connor Dempsey. The package, which was ordered over the internet using bitcoins, was sent from Munchen, Germany and contained over 180 grams of MDMA.

During a search of the Campus Drive apartment, officers recovered quantities of: marijuana; LSD; cocaine; THC; Xanax; and ketamine. They also found a digital scale, baggies, empty capsules, other drug paraphernalia, and another mail parcel addressed to a third co-defendant.

Connor Dempsey was also convicted and sentenced.

Today’s sentence is the result of an investigation by Immigration and Customs Enforcement, Homeland Security investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division.

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 Daniel Witek, 54, of Buffalo NY, who was convicted of mail fraud, was sentenced to time served (six months) by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $2,100.00 in restitution.

Assistant U.S. Attorneys Michael DiGiacomo and Jonathan P. Cantil, who handled the case, stated that in the Spring of 2013, the defendant was a volunteer at the Buffalo History Museum. While volunteering at the museum, Witek devised a scheme to access and then stole certain historical writings addressed to Anson Conger Goodyear that belonged to the museum. The defendant then offered to sell the stolen documents to autograph dealers in New York City and New Jersey.  

Today’s sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen, 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.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Enrique Munoz, 53, of California, pleaded guilty to conspiracy to distribute five kilograms or more or cocaine, and money laundering conspiracy before U.S. District Judge Elizabeth A. Wolford. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between July 2012, and December 2014, the defendant conspired with others to illegally distribute narcotics. Specifically, Munoz managed bank accounts that were used to assist in the money laundering of the proceeds of drug transactions; he made structured deposits in other bank accounts with the proceeds of drug transactions; and 3) he received and sent packages containing kilograms of cocaine. The defendant obtained multiple kilograms of cocaine that were then distributed in cities including Buffalo and Chicago, IL. 

In December 2014, Munoz was arrested in Buffalo with co-conspirators. The defendant had $69,320 in a black shoulder bag at that time. The defendant also had paperwork for a receipt for a hotel room from a co-conspirator, paperwork for a rental car utilized by Munoz and his co-conspirators, and a list of several Bank of America accounts into which structured deposits were made.

A total of seven defendants have been indicted in this sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drugs to various states including New York, New Jersey, Illinois, Colorado, and Ohio. To date, three defendants have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.

Sentencing is scheduled for February 8, 2018, at 4:00 p.m. before Judge Wolford.

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 a federal grand jury has returned a 166-count superseding indictment charging Dr. Eugene Gosy, 56, of Clarence, NY, with the following crimes: • One count of unlawfully conspiring to distribute and dispense, and to cause to be distributed and dispensed controlled substances, other than for a legitimate medical purpose and not in the usual course of professional practice, resulting in the death of six (6) of his patients;

• Three counts of unlawfully distributing and dispensing controlled substances, including fentanyl, oxycodone, and tapentadol, each  resulting in the death of a patient;

• 144 counts of unlawfully distributing and dispensing controlled substances, other than for a legitimate medical purpose and not in the usual course of professional practice;

• Two counts of conspiracy to commit healthcare fraud; and

• 16 counts of healthcare fraud.

The counts alleging unlawful controlled substance distributions resulting in death carry a mandatory minimum term of 20 years and a maximum of life imprisonment, a $1,000,000 fine or both.  The remaining drug distribution counts carry maximum penalties, which, depending on the substance involved, range from one to 20 years imprisonment.  While the maximum penalties for the healthcare fraud charges, vary between 10 years to life imprisonment.
The indictment alleges that in carrying out the conspiracy, Dr. Gosy and his employees at the Gosy Center, which included nurse practitioners and physician assistants working under Dr. Gosy’s direction and control, issued more prescriptions for controlled substances annually than any other prescriber or prescribing entity in New York State, including hospitals.  Specifically, the indictment alleges that Dr. Gosy and his employees carried out their conspiracy by: • prescribing controlled substances without conducting a physical examination and/or after conducting only a limited and inadequate physical examination;

• prescribing controlled substances in ways that were likely to cause, and did cause, dependence and addiction, and that contributed to existing addictions;

• issuing prescriptions for controlled substances in dosages and/or in combinations dangerous to the health and safety of the patient;

• issuing prescriptions for controlled substances despite indications that patients were abusing and misusing the prescribed controlled substances;

• prescribing controlled substances without monitoring or using objective treatment information;

• recommending a course of treatment, including the prescription of controlled substances, which caused patients to become so addicted to opioid drugs that some eventually utilized heroin and other street drugs, in order to satisfy their addiction;

• issuing prescriptions for controlled substances to patients despite knowing that such patients had overdosed, or had otherwise been hospitalized for conditions relating to misuse of controlled substances;

• continuing to prescribe controlled substances in the same manner, and failing to adapt practices to prevent additional deaths and overdoses, despite having notice that treatment they were following had resulted in obvious drug-seeking behavior and addiction; numerous patient overdoses; and patient deaths;

• signing death certificates, in the absence of an autopsy or medical examination, for deceased patients to whom Gosy and/or his employees had prescribed controlled substances despite aberrant behaviors;

• recommending a course of treatment, including the prescribing of controlled substances, which caused the death of at least six individuals, and contributed to the deaths of others;

• utilizing a telephonic patient prescription renewal process, whereby patients could obtain prescriptions for Schedule II, III and IV controlled substances that were prepared by persons who were not medically trained and issued by mid-level providers who had inadequate knowledge about the prescription and the patient, and without adequate review of the prescription and the patient’s chart;

• Dr. Gosy pre-signing blank prescriptions and permitting other persons to fill out the remaining information for the prescription, when he would leave the Buffalo area for extended periods;

• Dr. Gosy failing properly to review and sign his own patient file notes, and arranging for other, non-medical, personnel to sign said patient file notes, to make it appear as if he had reviewed them;

• Dr. Gosy failing properly to review patient file notes/reports prepared by mid-level providers working under his supervision and working in collaboration with him, and arranging for other, non-medical, personnel to sign said patient file notes, to make it appear as if he had reviewed them;

• failing adequately to review records provided to the office from other providers, and failing to obtain a complete patient history and information about present illness and conditions;

• prescribing controlled substances to individuals while failing to refer the patient to and/or ensure compliance with drug addiction treatment despite aberrant behaviors, and requests from patients and/or their family members for help with addiction;

• prescribing methadone to individuals exhibiting aberrant behaviors, outside of a methadone clinic setting, and without employing additional safety precautions or referring the patient to addiction treatment;

• Dr. Gosy, beginning in 2008, circumventing state and federal regulations by prescribing buprenorphine for the treatment of narcotics addiction, improperly using his regular DEA number, and sometimes labeling the prescriptions as for “pain management,” even when the drug was being prescribed primarily for the purpose of treating narcotics addiction;

• Dr. Gosy issuing prescriptions to patients for buprenorphine, a Schedule III controlled substance, for the treatment of narcotics addiction, without having completed the required medical training course in order to be a “qualifying physician” to treat narcotics addiction;

• Dr. Gosy failing to complete training requirements, including Continuing Medical Education courses, Worker’s Compensation training, and Infectious Disease Control training, and instead requiring members of his office staff to take the online courses purporting to be the defendant; and

• Dr. Gosy engaging in prescribing patterns whereby high-risk patients that had run out of their prescribed opioids were given buprenorphine until Dr. Gosy could again prescribe other opioids. 

According to the indictment, other practices adopted and used in defendant Gosy’s office included the following: • Mid-level providers (Physician Assistants and Nurse Practitioners) were encouraged to maximize volume of patients seen. Providers who saw certain volumes of patients received monetary bonuses, and/or gifts.  Providers who saw less patients were threatened with pay cuts.  Providers also earned credit towards bonuses for performing certain, more lucrative procedures on patients.  

• Beginning in 2012, a “script line” was established which allowed patients seeking prescriptions, who were not scheduled for an office visit, to call and request a prescription. The “script line” was attended to by individuals with no medical training or certification. They were responsible for drafting the requested prescriptions with the proper drug and dosage, checking the patient’s file for “alerts,” and the New York State iStop program, a Prescription Monitoring Program. Each week a mid-level provider was designated to sign all, or almost all, prescriptions requested through the “script line.” This typically amounted to hundreds of prescriptions per day, many of which were for patients whom the practitioner had never seen and/or with whom the practitioner had little or no familiarity.
 
• A system was in place for ordering urine drug tests whereby, once the test was ordered, an employee other than the treating practitioner would typically fill out the request form for the laboratory. As a result, the drug screens often tested for the presence or absence of drugs other than those actually prescribed to the patient. However, as part of the usual course of medical practice, urine drug tests should have been ordered and reviewed in consultation with the patient’s medical file, including history and list of current prescribed medications.  This is because urine drug testing provided valuable objective information to assist in diagnostic and therapeutic decision making, provided confirmation of compliance with the treatment plan, and provided indication of overutilization of prescribed drugs, diversion/non-use of prescribed drugs, the use of prescription drugs not prescribed to a particular patient, and/or the use of alcohol or illicit street drugs.

• As with the “script line,” toxicology results, including urine drug screens, were reviewed by a mid-level provider, many of whom had never seen the patient and/or with whom the practitioner had little or no familiarity. As a result, tests were often labeled as “consistent,” and not given appropriate attention, even when the tests showed the presence of a non-prescribed drug, or the lack of a prescribed drug.

• Patient records often contained incorrect or insufficient information to justify a diagnosis and warrant treatment. Mid-level providers frequently dictated their office notes, failed to review their notes after transcription, and “batch signed” large quantities of notes without review. In addition, Dr. Gosy rarely, if ever, signed his own notes, and arranged for others to affix his signature to office notes and patient files, in order to facilitate more expeditious billing.

“Today’s superseding indictment represents the first time that a physician in the Western District of New York has been alleged to be criminally responsible for unlawfully prescribing drugs which resulted in the death of a patient,” noted Acting U.S. Attorney Kennedy. “Sadly, the superseding indictment alleges that more than one patient succumbed to the inadequate and unlawful treatment they received at the hands of Dr. Gosy and those who worked for him.  While today’s indictment does not represent a panacea, it does provide a powerful antidote directed at one of the root causes of the opioid epidemic.”
DEA Special Agent-in-Charge James Hunt stated, “At the height of diverted prescription drug abuse, Dr. Gosy’s clinic prescribed more controlled substances than several major New York Hospitals, and is now being charged with causing the death of six individuals. Today’s charges cannot bring back the lives of those who died, but is a message to traffickers and rogue doctors that their actions have irrevocable consequences.   The DEA’s highest priority is arresting and dismantling the largest opioid traffickers, Dr. Gosy being one of them.” 
"The grand jury's superseding indictment exposes Gosy's lack of concern for the true health of his patients," said FBI Special Agent-in-Charge Adam S. Cohen. "Gosy did not work to heal all of those who struggled with pain, rather he betrayed his patients’ trust by putting his own personal gain ahead of their health and well-being. The FBI is committed to working with our partners on the front lines of the fight against heath care fraud and opioid addiction."
“Prescription drug fraud is a crime fueled by greed that damages this country, community by community. We rely on doctors to be part of the prescription drug abuse solution – not part of the problem,” said Special Agent-in-Charge Scott J. Lampert of the HHS Inspector General’s New York Office.  "Today’s indictment shows our determination to work closely with our law enforcement partners to hold irresponsible doctors accountable for their actions."
The superseding indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in- Charge, New York Field Division; the Federal Bureau of Investigation’s Western New York Health Care Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Scott Lampert; the Army National Guard - New York National Guard Counterdrug Task Force, under the direction of Lt. Col. Nicholas Dean; the New York State Department of Financial Services, under the direction of Maria T. Vullo, Acting Superintendent; the New York State Office of the Workers’ Compensation Fraud Inspector General, under the direction of Inspector General Cathy Leahy Scott; and the New York State Bureau of Narcotics Enforcement. 
The case was presented to the grand jury by Assistant United States Attorneys Maura K. O’Donnell and Patricia Astorga, who together are prosecuting the case for the United States.
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 Nicolae Sarbu, of Romania, who was convicted of conspiracy to commit bank fraud and aggravated identity theft, was sentenced to 25 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution to the Bank of America in the amount of $183,120.54. In addition, co-defendant Marinela Unguru-Ducila, also of Romania, was sentenced to time served upon her prior plea of guilty.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between August 2015 and November 2015, Sarbu conspired with Marinela Unguru-Ducila and others to execute a scheme to defraud Bank of America. The defendants used skimming devices and cameras on 10 occasions at automated teller machines (ATM’s) in the Buffalo and Rochester areas and in Pennsylvania and New Jersey. 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 various ATM’s in the Western District of New York, Pennsylvania, and New Jersey. 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. Defendant Sarbu also encoded the bank account information obtained by the skimmers onto magnetic strips on blank plastic cards and gift cards. Unguru-Ducila was present with Sarbu when he installed skimmers at multiple banks in North Tonawanda, NY and West Seneca, NY and failed to notify authorities about this felony crime.   

The sentencing is the result of an investigation by immigration and Customs Enforcement, Homeland security investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.  

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today Timothy Meacham, 32, of Rochester, NY, pleaded guilty to selling counterfeit coins before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 15 years prison and a $250,000 fine.

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

The 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 February 5, 2018, before Judge Wolford.