Western District of New York

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 Joseph Stevens, 53, of Olean, NY, was arrested and charged by criminal complaint with bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000.

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

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

In September 2016, the business owner realized that monthly statements for the Five Star Bank accounts were no longer being received at the business owner’s office. On March 24, 2017, the business owner went to the bank branch to review the business accounts activity. The business owner discovered two recent checks, both made payable to "Joseph Stevens," with the business owner’s forged signature. The business owner informed the bank of the issue, and requested copies of all records related to the business accounts.

On April 4, 2017, the business owner received a telephone call from Five Star Bank and was told that someone was in the branch attempting to negotiate a $5,000.00 check drawn against the business owner's account. The business owner advised the bank that the $5,000.00 check was not authorized and to freeze the account. While still on the telephone with a bank representative, the business owner received a telephone call from the defendant stating that the business accounts were frozen.

According to the complaint, between September 2013, and April 2017, Stevens made approximately $470,000.00 in unauthorized withdrawals from the business owner’s accounts.

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained. 

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

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 announced today that Orlando Rios, 45, a/k/a Fifo, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of one kilogram or more of heroin before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of 10 years and a maximum of 40 years in prison, and a $5,000,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between March 2014, and June 2015, the defendant conspired with Daniel Molina-Rios, Jose Andujar, Luis Montanez, and others, as part of a wide-scale drug trafficking organization that distributed heroin on the West Side of Buffalo. Rios headed the organization and supervised several street-level dealers who used a series of cellular telephones to conduct daily sales with customers seeking to buy heroin or illegal use.

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

The defendant also maintained a premise, located at 42 Potomac Avenue in Buffalo, for the purpose of distributing heroin. During the execution of a search warrant at that residence on June 18, 2015, law enforcement officers recovered a digital scale, glassine bags, rubber bands, one Cricket cellular telephone, one black Verizon phone, $4,510.00 in cash, and a Colt .380 pistol loaded with live automatic rounds in the magazine.

A total of 14 defendants have been indicted in connection with this case, and Rios is the ninth to be 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 result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.   

Sentencing is scheduled for December 14, 2017, at 11:00 a.m. before Judge Geraci.

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 Giovani Hornea, 20, of Romania, pleaded guilty to conspiracy to commit bank fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.

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

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

Nicolae Sarbu has been convicted and is awaiting sentencing. 

The total loss suffered by Bank of America as a result of this fraudulent activity was $156,266.30. 

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

Sentencing is scheduled for December 20, 2017, before Judge Arcara.

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 Luis Matias, of Buffalo, 27, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute; and to distribute, butyryl fentanyl, and possession with intent to distribute, and distribution of, butyryl fentanyl. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

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.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that three defendants pleaded guilty before Chief U.S. District Judge Frank P. Geraci. Jr. for their roles in a methamphetamine conspiracy:

• Scott Kennedy, 40, of Beaver Dams, NY, pleaded guilty to conspiracy to manufacture, possess with intent to distribute, and to distribute, 500 grams or more of a mixture or substance containing methamphetamine. The defendant a faces a minimum penalty of 20 years in prison, a maximum of life and a $20,000,000 fine.
• Jared Mendez, 32, of Bradford, NY, pleaded guilty theft of anhydrous ammonia with knowledge it will be used to manufacture methamphetamine and faces eight years in prison and a $250,000 fine.
• Terry Champion, 48, of Bradford, NY, pleaded guilty to possession of a listed chemical with knowledge it will be used to manufacture a controlled substance. The defendant faces up to 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between June 2012, and May 4, 2016, Scott Kennedy conspired with others, including 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 this time, the 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.

During this time, Kennedy also 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. On that date, the defendant was pulled over while driving on South Valley Road in Steuben County. During a search of the vehicle, officers located the pseudoephedrine pills.

Charges are pending against Wendy Kennedy and 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.  

The pleas 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 of Joseph Fazzary.

Scott Kennedy is scheduled to be sentenced on November 20, 2017; Terry Champion on November 30, 2017; and Jared Mendez on December 1, 2017, all before Judge Geraci.

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 James LaRock, II, 42, Seneca Falls, NY, pleaded guilty to filing a false tax return before the U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of three years in prison and a fine of $250,000.

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

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

Sentencing is scheduled for December 7, 2017, at 10:00 a.m. before Judge Siragusa.

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 Edward Mighty, 40, of Rochester, NY, was sentenced to 25 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr.  Mighty was convicted of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine, and possession of firearms in furtherance of a drug trafficking crime,

Mighty was arrested in February 2015 along with Seymour Brown, Andre Taylor a/k/a Stamma, Ricardo Bailey a/k/a Diji, Robert Wilson a/k/a Bose, and Kenneth Harper a/k/a Frenchy a/k/a Pudge, Desmond Bice a/k/a Dez, and Christopher Samuels a/k/a Cutty, all of Rochester. In addition, Winifredo Gonzales, of Brooklyn, NY, was charged by criminal complaint on February 11, 2015, with conspiracy to possess with intent to distribute five kilograms or more of cocaine and possession of firearms in furtherance of a drug trafficking crime.    

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Mighty was one of the leaders of a Rochester-based drug trafficking organization. The defendant obtained kilogram quantities cocaine from Winifredo Gonzales in Brooklyn that were transported to Rochester. The powder cocaine was processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple sellers in the greater Rochester area. Mighty had several members of his drug trafficking organization utilize their cell phones to conduct the drug business. These individuals include Andre Taylor, Seymour Brown, and Ricardo Bailey. The defendant’s organization supplied numerous upper and mid-level cocaine distributors, including Robert Wilson and Wilson’s partner Kenneth Harper. Wilson further supplied, among other individuals, Desmond Bice. Christopher Samuels worked with Bice in further distributing the cocaine.

On February 10, 2015, law enforcement monitored a vehicle utilized by the organization to transport kilograms of cocaine from Brooklyn to Rochester. Shortly before 2:30 pm, surveillance officers observed the vehicle arrive at 126 New Jersey Avenue in Brooklyn and depart about 15 minutes later. As agents executed a search warrant and arrested Gonzales at 126 New Jersey Avenue, other agents monitored the vehicle as it traveled to Rochester. Inside the Brooklyn residence, law enforcement officers found 17 kilograms of cocaine in a hydraulic secret compartment behind a wall with two handguns, including an UZI 9mm pistol. Agents also seized approximately $70,000 in U.S. currency wrapped in black tape and plastic wrap from a safe. 

The vehicle was monitored as it traveled from Brooklyn to 54 Strong Street in Rochester, the center of the Rochester drug distribution activities. The trap car arrived at 54 Strong Street shortly after 10:00 pm. A few minutes later, officers executed search warrants on 54 Strong Street, the trap car, and 319 Alphonso Street. At 54 Strong Street, Mighty was taken into custody along with Bailey, who was the driver of the trap car in which officers later found one kilogram of cocaine in a hydraulic compartment behind the front center vent.  Andre Taylor fled on foot running through the snow-covered backyards, and was taken into custody in the vicinity of 93 Tyler Street, a short distance away. Inside 54 Strong Street, a Glock .40 caliber semi-automatic handgun loaded with 11 rounds of live ammunition, 13 rounds of live .357 caliber ammunition, Western Union receipts, multiple cell phones, drug distribution paraphernalia, and $3,941 in U.S. currency were seized.    

Brown was arrested at his residence at 319 Alphonso Drive in Rochester. During the search of that location, officers seized multiple cell phones, a loaded .357 caliber handgun, and $3,147 in U.S. currency. In total, over 17 kilograms of cocaine, $145,000 in U.S. currency, 15 handguns, and 16 pounds of marijuana were seized.
 
All defendants charged have been convicted.

Today’s sentencing is the culmination of a joint federal and state wiretap investigation on the part of the Organized Crime Drug Enforcement Task Force, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge Ashan Benedict, New York Field Division, 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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Darien Bordeaux, 33, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm and ammunition before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum prison sentence of 10 years, a fine of $250,000, or both.

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

The plea 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.

Sentencing is scheduled for December 4, 2017, at 1:30 p.m. before Judge Wolford.

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 David Triplett a/k/a Stuffy, 34, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of a firearm in furtherance of a drug trafficking crime. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, a fine of $250,000 or both. 

Assistant U.S. Attorney Robert Marangola, who is handling the case, stated that Triplett was arrested following the execution of a search warrant at his residence at 3 Athens Street in Rochester. During the search, law enforcement officers found over 380 envelopes containing heroin, 150 bags of cocaine, fentanyl, seven cell phones, and a .32 caliber revolver, as well as drug distribution paraphernalia, including digital scales, baggies, and chemicals for mixing drugs.

The plea 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.

Sentencing is scheduled for December 4, 2017, at 3:30 p.m. before the 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 Maureen S. Walck, 72 of Lockport, NY, pleaded guilty to failure to provide lead paint hazard warning notice, before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum sentence of one year in prison and a fine of $100,000.

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

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

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

The plea is the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon, and Special Agents of the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Donna L. Neves.
Sentencing is scheduled for December 11, 2017, at 10 a.m. before Magistrate Judge McCarthy.

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 Juan Oliverias-Arbelo, 28, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of heroin, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between July 2014, and September 28, 2015, the defendant became active in a heroin distribution organization. On 12 occasions, Oliverias-Arbelo sold heroin to undercover officers. In total, the undercover officers 51 bags of heroin. On each occasion, the undercover officer and Oliverias-Arbelo would make contact by telephone to arrange a controlled purchase of heroin. The defendant utilized a phone provided to him by the organization. Oliverias-Arbelo was intercepted by law enforcement utilizing a phone to sell heroin to other individuals as well, during this time period.

The 10 defendants charged in this case were street-level distributors or “runners” in a heroin distribution organization operated by Daniel Molina-Rios who was arrested in June 2015 along with Orlando Rios, Luis Montanez and Jose Andujar. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally. A total of 14 defendants have been indicted in connection with this case, eight 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 sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.   

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Dejesus, 35, of Buffalo, NY, pleaded guilty to possession with intent to distribute heroin and being a felon in possession of ammunition before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for December 14, 2017 before Judge Arcara.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Coburn, 34, of West Seneca, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute fentanyl, was sentenced to 108 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between July 2013 and May 2015, Coburn, a licensed nurse practitioner who was legally authorized to prescribe controlled substances, provided fraudulent fentanyl, oxycodone, oxymorphone, and amphetamine prescriptions to nine co-defendants. Those prescriptions were not used for legitimate medical purposes and instead were filled by the co-defendants and sold on the street in the Buffalo area. Coburn issued a total of 253 prescriptions without any legitimate medical purpose. 

To date, eight of the 10 people charged in this case have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Today’s 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) 551-305

BUFFALO, N.Y.-Acting U.S. James P. Kennedy, Jr. announced today that Brian Donaldson, 50, of Webster, NY, who was convicted of conspiracy to possess with intent to distribute five grams or more of methamphetamine, was sentenced to 51 months in prison by 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 Pablo Ulloa. 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.

Pablo Ulloa has also been convicted, and he is scheduled to be sentenced November 1, 2017.   

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

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Charles Novak, 29, of Queens, NY, who was convicted of theft of government money, was sentenced to 12 months in prison by U.S. District Judge Elizabeth Wolford.

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that Novak conspired with others to cash multiple, forged U.S. Postal money orders in the Rochester and Syracuse, NY areas in 2016. The money orders had been altered and fraudulently raised in value from $1.51 to $1,000 each. During the scheme, Novak and others stole more than $48,000 from the United States Postal Service. 

The defendant was identified when he presented a forged money order to a clerk at the Jefferson Road Post Office in Henrietta, NY. When a Postal Inspector approached Novak, he fled from the scene. During the ensuing chase, the defendant dropped a cell phone, which Postal Inspectors recovered and searched. The phone was logged on to the defendant’s Facebook account and Postal Inspectors retrieved his name and photograph.   Novak was taken into custody in New York City in August 2016. 

The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division; and the Monroe County Sheriff’s Office, under the direction of Patrick O’Flynn.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

BUFFALO, N.Y.–Acting U.S. Attorney James P. Kennedy, Jr. announced today that Giovanni Salmonson, 26, of Olean, NY, pleaded guilty to possession with intent to distribute heroin, and being a felon in possession of a firearm before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 or both.

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

The plea is the culmination of an investigation on the part of the Olean Police Department, under the direction of Chief Jeff Rowley; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.   
 
Sentencing is scheduled for December 11, 2017, before Judge Arcara.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that James Smith, 25, of Niagara Falls, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and New York State Parole.

Sentencing is scheduled for December 13, 2017, at 1:00 p.m. before Judge Arcara.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Feliciano-Miranda, 36, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to: conspiracy to possess with intent to distribute, and to distribute, heroin and cocaine: and possession of firearm in furtherance of drug trafficking crime.  The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that between April 2015, and April 2016, co-defendant Manuel Freire coordinated the receipt, and subsequent distribution, of wholesale quantities of heroin and cocaine in Buffalo from sources in Puerto Rico and elsewhere. Feliciano-Miranda assisted Freire in both receiving and distributing the drugs.

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

On May 7, 2015, federal law enforcement officers intercepted a parcel that was mailed from Puerto Rico and destined for a residence on Manhattan Avenue in Buffalo.  Once again, cocaine (one kilogram) was hidden in speakers in the parcel. However, Manuel Freire noticed what he believed to be police surveillance and the package was not retrieved.

In early 2016, Feliciano-Miranda and Freire began selling heroin out of 247 Niagara Street in Buffalo. A search warrant was executed on April 1, 2016, and officers recovered a kilogram of heroin that Freire had stored there. Another search warrant was executed at a residence on Byrd Way, which led to the recovery of a loaded firearm. 

Manuel Freire has been convicted and is awaiting sentencing.

The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Erie County Sheriff’s Office, under the direction of Timothy Howard; the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; and the United States Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Shelly A. Binkowski.

Sentencing is scheduled for December 12, 2017, before Judge Wolford.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Christian O. Dalmau, 31, of Bronx, NY, who was convicted of possession of a firearm by an unlawful user of a controlled substance, was sentenced by U.S. District Judge Richard J. Arcara to 120 months in prison.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on the night of January 5, 2014, Dalmau was the sole passenger in a GMC Yukon vehicle that was being driven by another individual when the Yukon was stopped by Buffalo Police officers near Bailey and Cloverdale Avenues. The Yukon contained a hydraulic hidden compartment or “trap” in its cargo area. Inside the trap was a Taurus, 9mm semi-automatic handgun loaded with 13 rounds of ammunition.

Also inside the trap in the Yukon were three foil packets that each contained eight oxycodone pills, pills, which were consistent in appearance with other oxycodone pills Dalmau left in the backseat of the Buffalo Police car in which he had been placed.  Dalmau admitted to being addicted to the pills.

The traffic stop occurred less than 20 minutes after the shooting murder of Dustin Ortiz-Maldonado on Newfield Street. After a sentencing hearing, Judge Arcara declined to find whether Dalmau used the firearm in the commission of the murder, that is, to find whether Dalmau was the shooter. The Court, however, did find by a preponderance of the evidence that Dalmau possessed the firearm in connection with the murder. Therefore, the Court sentenced Dalmau in accordance with the homicide guidelines.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division: the Buffalo Police Department, under the direction Chief Daniel Derenda: and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that James Smith, 25, of Niagara Falls, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and New York State Parole.

Sentencing is scheduled for December 13, 2017, at 1:00 p.m. before Judge Arcara.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305

BUFFALO, N.Y. — Acting U. S. Attorney James P. Kennedy, Jr. announced today that Dellsean Hamilton, 28, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, heroin and fentanyl and being a felon in possession of a firearm, was sentenced to 100 months in prison and six years supervised release by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between March 2015, and February 29, 2016, the defendant conspired with Brittney Ridgeway and others to sell heroin and fentanyl. During the course of the conspiracy, Hamilton and Ridgeway regularly sold heroin, fentanyl, and butyryl fentanyl in the Buffalo and Cheektowaga areas. On March 25, 2015, Cheektowaga Police conducted a traffic stop of a vehicle occupied by Ridgeway, the defendant and a juvenile and recovered $2,315 in cash. Ridgeway was found with 141 envelopes containing nearly four grams of fentanyl. 

On July 15, 2015, the Erie County Sheriff’s Narcotics Unit executed warrants at two residences linked to Hamilton. At 16 Dash Street, deputies seized drug paraphernalia, including wax envelopes commonly used to package heroin. At 75 Edison Street, they seized approximately 2,000 wax envelopes containing approximately 50 grams of heroin, additional envelopes containing more than a gram of a mixture of heroin, fentanyl, and butyryl fentanyl, three firearms, and a digital scale.

Hamilton was arrested on state charges and while on bail, the defendant and Ridgeway continued their narcotics trafficking activities. On December 11, 18 and 23, 2015, Hamilton sold butyryl fentanyl to a confidential source working with the Drug Enforcement Administration and the Cheektowaga Police Department. This resulted in a federal search warrant and arrest warrant. On January 11, 2016, the defendant was arrested and found in possession of a large amount of cash and baggies containing approximately a gram of fentanyl. Inside of Hamilton’s vehicle, which was occupied by Ridgeway, officers seized approximately $5,000 in cash. During a subsequent search of Hamilton’s residence at 1150 East Lovejoy in Buffalo, officers seized a semi-automatic pistol and ammunition.

While incarcerated on the federal charges, Hamilton continued his drug trafficking activities with Ridgeway. Specifically, during a recorded jail call between the two, Hamilton instructed Ridgeway not to consent to the search of a residence again. Ridgeway then continued trafficking heroin as Hamilton had done prior to his incarceration. On February 4 and 11, 2016, Ridgeway sold butryrl fentanyl and fentanyl, respectively, to a confidential source working with DEA and the Cheektowaga Police Department.

Brittney Ridgeway was convicted and sentenced to time served (approximately 16 months) in prison. 

Today’s sentencing is the culmination of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

CONTACT:  Barbara Burns
PHONE:         (716) 843-5817
FAX #:            (716) 551-305
 
BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a three-count indictment charging Armando Ernesto Abarca, 21, of Modesto, California, and Raul Everado Ledesma Abarca, 34, of San Diego, California with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, possession with intent to distribute five kilograms or more of cocaine, and maintaining a drug-involved premises. 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 according to the indictment, between September 2014, and September 2016, the defendants conspired with others to possess and distribute cocaine. The defendants are also accused of renting a storage unit in Amherst, NY to store the cocaine.

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

The indictment 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.

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) 551-305

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Briana Fugate, 27, of Cheektowaga, N.Y., who was convicted of bribery, distribution of marijuana, and delay of mail, was sentenced to 12 months by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Fugate accepted bribes to help deliver what she believed to be drug shipments from the west coast, and that, as she learned to recognize drug parcels, she opened some and sold their contents herself.  Fugate was a mail carrier for the United States Postal Service and had worked out of the Central Park Station Post Office in the City of Buffalo. The defendant was arrested following an undercover operation in 2015, when she distributed a pound of stolen marijuana out of her mail truck, while working her postal route.  After law enforcement agents arrested Fugate, they discovered over 1,500 pieces of mail in her car that had not been delivered. Fugate was on probation for a state larceny conviction during this conduct.

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 United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski; the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Taylor Larson, 32, of Jamestown, NY, who was convicted of possession with intent to distribute 500 grams or more of cocaine, was sentenced to 120 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that on May 19, 2015, the Jamestown Police Department and the Drug Enforcement Administration (DEA) executed a search warrant, which authorized the search of defendant’s residence on Keller Road in Ashville, NY and his 2005 gray Saab sedan and Jeep Liberty. During the search of the residence, officers found approximately 21 grams of cocaine in an upstairs bedroom, along with a roll of camouflage tape, baggies, and a scale. An additional 36 grams of cocaine was found inside the Saab, and approximately 286 grams of cocaine was found inside the Jeep.

Subsequently, officers searched a vacant apartment located immediately behind the defendant’s residence and recovered an additional 300 grams of cocaine. The cocaine was wrapped in the same camouflage duct tape that was found earlier in the defendant’s residence. Combined, over 500 grams of cocaine was seized from the defendant’s residence, Saab, Jeep, and back vacant apartment.

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

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 Jean Luc Gaudreau, 39, of Ottawa, Canada, pleaded guilty before U.S. District Judge Richard J. Arcara to importing more than 100 kilograms of marijuana into the United States. 

Assistant U.S. Attorneys Paul Bonanno and Patricia Astorga, who are handling the case, stated that on February 1, 2006, the defendant imported approximately 498 pounds of marijuana into the United States from Canada at the Lewiston Bridge Port-of-Entry. During primary inspection, Gaudreau, a Canadian citizen and truck driver for a Canadian freight company, gave a Customs and Border Protection officer a manifest listing four shipments. During a secondary inspection, CBP officers performed a gamma ray scan of the defendant’s truck, which revealed a fifth shipment in the truck that was not listed on the manifest. The fifth shipment comprised 14 cardboard boxes filled with vacuum-sealed bags of marijuana.

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

Sentencing is scheduled for January 19, 2018, before Judge Arcara.

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 Jessica Lopez, 28, of Buffalo,, NY, pleaded guilty to structuring before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of five years prison.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between July 2012, and January 18, 2013, the defendant, who was working as a teller at Bank of America, knowingly structured bank deposits for co-defendant Steven Bennett in an attempt to avoid the bank’s transaction reporting requirements for cash deposits exceeding $10,000. Specifically, Bennett, or his associates, would provide the proceeds from their unlawful sales of controlled substance to the defendant who, in turn, would make cash deposits into bank accounts related to Bennett. The total amount of cash deposits structured by the defendant amounted to approximately $85,300.

Steven Bennett has been convicted and is awaiting sentencing.

The plea is the result of an investigation by the Drug Enforcement Agency, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and  the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.

Sentencing is scheduled for December 13, 2017, at 11:00 a.m. before Judge Skretny.

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 Michael Rosier, 23, and Cody Kross-Rosier, 23, both of Buffalo, NY, pleaded guilty to conspiracy to commit bank fraud and bank fraud before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine. 

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

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

Sentencing is scheduled for November 13, 2017, before Judge Arcara.

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 Michael Early, 32, of Buffalo, NY, who was convicted of possession with intent to distribute cocaine, was sentenced to 72 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that on September 27, 2013, the Drug Enforcement Agency and Buffalo Police Department executed search warrant at 66 Connelly Avenue in Buffalo. During the search, officers found crack cocaine and $6,495 in cash.  

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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 Timothy Meacham, 32, of Rochester, NY, was arrested and charged by criminal complaint with fraudulently selling counterfeit coins. 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 according to the complaint, 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 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, Meacham 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 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.    

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

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

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 Antonio Carr, 24, of Niagara Falls, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years prison and a $250,000 fine.

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

Carr has a previous felony conviction in Niagara County Court and is legally prohibited from possessing a firearm.

The defendant made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on August 22, 2017, at 2:00 p.m.  

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

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 Donnie Heilig, 48, of Oklahoma City, OK, who was convicted of conspiracy to commit wire fraud, was sentenced to eight months home detention and three years probation by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $147,004 in restitution.

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

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 Wilfredo Sanio have been convicted of wire fraud and are 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. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Raymond Crum, 63, of Cheektowaga, NY, pleaded guilty to possession and receipt of child pornography before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine. 

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

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

The 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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda. Assistance was also provided by the Bardstown, Kentucky Police Department.

Sentencing is scheduled for December 6, 2017, at 10:00 a.m. before Judge Vilardo.

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 Ashley Walker, 33, of Rochester, NY, pleaded guilty to conspiring to defraud the Internal Revenue Service, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Jason Jimenez owned an income tax return preparation business known as Fast Cash Tax.  Jimenez hired Walker and trained her to prepare false tax returns. From January 2012 to April 2014, when Walker withdrew from the conspiracy, Walker and other employees of Fast Cash Tax prepared false tax returns on behalf of numerous clients. The tax returns were falsified to increase the amount of the Earned Income Tax Credit claimed, which yielded larger refunds for the clients than they were entitled to receive.  During the period of Walker’s participation, the conspiracy netted approximately $95,180 in fraudulently obtained refunds. Jason Jimenez has been convicted and is awaiting sentencing.

The plea is the result of an investigation by Special Agents with the Internal Revenue Service, under the direction of Special Agent-in-Charge James D. Robnett.

Sentencing is scheduled for December 11, 2017, at 2:00 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 Jose Manuel Lua Guizar, 27, of California, pleaded guilty to conspiracy to possess with intent to distribute, and 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. In addition, co-defendant Bryant Hudson, 37, of Tonawanda, NY, who was convicted of structuring transactions, was sentenced to 33 months in prison by Judge Wolford.  

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between February 2014, and April 2015, the defendant obtained multiple kilograms of cocaine to distribute in cities including Buffalo, and Chicago, IL. Guizar received Fed-Ex packages, which typically contained two kilograms of cocaine. The packages were addressed to his name or the name of a co-conspirator. The defendant would then sell the cocaine to local area drug traffickers.

In August 2014, the defendant was detained in the Minneapolis Airport with a co-defendant on their way to Chicago after the two had been in Buffalo just days prior. During this detention, a drug ledger was seized along with over $12,000 in U.S. currency, which were the proceeds of drug sales. Most of the drug proceeds were sent back to California by structured deposits under the $10,000 reporting requirement in Bank of America accounts.  The defendant made over 40 structured deposits (mostly amounts of $9,900) in Buffalo alone. Guizar traveled, sometimes with co-defendant Hudson, to various Bank of America branches to make these deposits. Surveillance footage shows the defendant making such deposits. Hudson assisted in the depositing of drug proceeds in accounts at Bank of America branches in the Buffalo area in order to move the proceeds from Buffalo to California and avoid detection.

Guizar and his co-conspirators accounted for over $1,000,000 in structured deposits in Buffalo, and over $10,000,000 in structured deposits nationwide during this timeframe.  A ledger for structured deposits was recovered from a stash house in California.  This ledger listed deposits made into various accounts. In that stash house, law enforcement recovered Fed-Ex packaging materials, 21 kilograms of cocaine, and three kilograms of heroin.  Law enforcement also recovered multiple kilograms of cocaine and heroin from packages that were supposed to be shipped to co-conspirators of the defendant. 

A total of nine 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, two 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.
Today’s plea and sentencing are 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.

Guizar’s sentencing is scheduled for December 12, 2017, at 10:00 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 Harinder Dhaliwal, 47, of Brampton, Ontario, Canada, who was convicted of conspiracy to export from the United States five kilograms or more of cocaine, was sentenced to 240 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handling the case, stated that between 2006 and May 2011, Dhaliwal conspired with others to smuggle cocaine into Canada from the United States and marijuana and ecstasy into the United States from Canada via several international bridges including those in the Buffalo-Niagara region. As part of his plea agreement, Dhaliwal admitted to being part of an international conspiracy that trafficked more than 3,000 kilograms of cocaine, most of it through the Western District of New York, worth an estimated $120,000,000.00.  

Through the course of the investigation, United States law enforcement officers recovered a combined 230 kilograms of cocaine. Of that amount, 123 kilograms of cocaine, which represents the largest seizure arising from a single investigation in the District’s history, were obtained through two separate seizures occurring at the Lewiston-Queenston Bridge and in Geneva, NY. The remaining 107 kilograms were seized in California. In addition, law enforcement officers seized approximately 690,000 ecstasy pills during the course of the investigation with an estimated street value of $12,000,000.00. 

Also charged in the conspiracy and convicted were Ravinder Arora, Michael Bagri, Parminder Sidhu, Alvin Randhawa, Gursharan Singh, and Huy Hoang Nguyen.

The defendants utilized tractor-trailers that contained false compartments within the floor of tractor-trailers. Dhaliwal and others purchased steel tubing, kick plates and other supplies to fabricate the false compartments in several tractor-trailers. In addition to cocaine, the tractor-trailers were used to transport ecstasy and hundreds of pounds of marijuana into the United States from Canada. Drug ledgers seized during the investigation detailed approximately a dozen smuggling trips, during late 2009 to September 2010, involving approximately 1,617 kilograms of cocaine being transported from the United States, through the Western District of New York, into Canada.

“The rigorous efforts of our law enforcement partners both here in the United States and Canada shut down this dangerous pipeline of drug activity that flowed from California to Buffalo and across the border,” said Acting U.S. Attorney Kennedy. “Those efforts kept literally thousands of kilograms of cocaine and more than half a million ecstasy pills off the streets in both our community and elsewhere.”   

“Today’s sentencing is a significant development in a years-long investigation that resulted in significant seizures of narcotics, weapons and arrests in the U.S. and Canada,” said ICE-HSI Special Agent-in-Charge Kevin Kelly. “Transnational investigations like this one help ensure that our shared border with our Canadian partners remains transparent to law enforcement and simultaneously a hindrance to criminal groups.”

Today’s sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Officers from the United States Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; the Peel Regional Police Department, under the direction of Chief Jennifer Evans; the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region; and the Toronto Police, under the direction of Chief William Blair.

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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Cannizzo, 54 of Irondequoit, NY, pleaded guilty to willfully failing to pay a tax before U.S. District Charles J. Siragusa. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant owned and operated Cannizzo Contacting Corporation, an electrical contracting business. Cannizzo and his business served as an in-house electrical contractor for the company. The Company agreed to pay Cannizzo and his business a wage of approximately $40 per hour for each employee, including defendant. Cannizzo made money from this arrangement by paying his employees less than $40 per hour for their work, in addition to the $40 per hour that defendant earned from his work there.
           
The defendant's business earned significant income from his arrangement with the Company, and was required to make estimated payroll tax payments.  Cannizzo contracted with Paychex to handle the weekly payroll processing, including payments of payroll taxes.  In 2002, Paychex stopped paying Cannizzo Contracting Corporation’s business payroll taxes, but continued to process the payroll, informed defendant of the estimated payroll tax payments owed, and provided him with copies of Employer’s Quarterly Federal Tax Returns – Form 941—for each quarter from 2007 forward. The defendant however failed to make the estimated payroll tax payments on behalf of his business. Cannizzo failed to pay a total of $135,360.62 to the Internal Revenue Service. 

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

Sentencing is scheduled for December 11, 2017, at 9:15 a.m. before Judge Siragusa.

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 Jessica Rosario, 36, of Rochester, NY, pleaded guilty to conspiring to defraud the Internal Revenue Service, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Rosario was an employee of an income tax return preparation business known as Fast Cash Tax, which was owned and operated by Jason Jiminez.

Between January 2012 and February 2015, Jiminez conspired with other employees of Fast Cash Tax, including Rosario, to prepare false tax returns on behalf of numerous clients. The returns were falsified to increase the amount of the Earned Income Tax Credit claimed, which yielded larger refunds for the clients than they were entitled to receive. In total, the conspiracy netted approximately $105,000 in fraudulently obtained refunds.

The plea is the result of an investigation by Special Agents with the Internal Revenue Service, under the direction of Special Agent-in-Charge James D. Robnett.

Sentencing is scheduled for December 8, 2017, at 10:00 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 Randy Jarrett, 45 of Buffalo, NY, pleaded guilty to conspiracy to commit access device fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that between July and December, 2013, the defendant conspired with others, including Ricky Butler, Tamika Favors, and Catherine Jarrett, fraudulently to obtain and use unauthorized access devices, namely credit cards, without the knowledge or authorization of the true account holders. Co-conspirator Ricky Butler used the true account holder’s personal identifying information and account access information to contact financial institutions and have new or replacement credit cards issued to addresses in the Western District of New York. During the course of the fraudulent scheme, 17 unauthorized credit cards were mailed to properties which were owned and/or controlled by Randy Jarrett and his mother, Catherine Jarrett. Those credit cards were used by the defendant and the other conspirators to make, and attempt to make, purchases at Walmart stores and other retail establishments totaling over $330,000.

Tamika Favors and Catherine Jarrett have been convicted and are awaiting sentencing.

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

Sentencing is scheduled for November 30, 2017, at 10:00 a.m. before Judge Vilardo.

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 Percy Jackson, 29, of Buffalo, NY, pleaded guilty to theft of mail by a postal employee before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that in the spring of 2017, while working as a mail processing clerk at the United States Postal Service Buffalo Processing & Distribution Center, the defendant rifled through mail he was entrusted to sort. Jackson opened envelopes intended to be delivered via U.S. mail, and removed gift cards and cash totaling $460.

The plea is the culmination of an investigation on the part of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.

Sentencing is scheduled for November 27, 2017, at 9:30 a.m. before Judge Vilardo.

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 Jason Jimenez, 39, of Rochester, NY, pleaded guilty to conspiring to defraud the Internal Revenue Service, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Jimenez owned an income tax return preparation business known as Fast Cash Tax. Between January 2012 and February 2015, the defendant conspired with other employees of Fast Cash Tax to prepare false tax returns on behalf of numerous clients. The returns were falsified to increase the amount of the Earned Income Tax Credit claimed, which yielded larger refunds for the clients than they were entitled to receive. In total, the conspiracy netted approximately $105,000 in fraudulently obtained refunds.

The plea is the result of an investigation by Special Agents with the Internal Revenue Service, under the direction of Special Agent-in-Charge James D. Robnett.

Sentencing is scheduled for December 4, 2017, at 2:00 p.m., before Judge Wolford.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Jimenez, 39, of Rochester, NY, who was convicted of conspiring to defraud the Internal Revenue Service, was sentenced to 12 months in prison by U.S. District Court Judge Elizabeth A. Wolford. In addition, co-defendants Jessica Rosario and Ashley Walker, who were also convicted of conspiracy, were each sentenced to three years probation.

Assistant U.S. Attorneys Melissa Marangola and John J. Field, who handled the case, stated that Jimenez owned an income tax return preparation business known as Fast Cash Tax. Between January 2012 and February 2015, the defendant conspired with other employees, including Jessica Rosario and Ashley Walker, of Fast Cash Tax to prepare false tax returns on behalf of numerous clients. The returns were falsified to increase the amount of the Earned Income Tax Credit claimed, which yielded larger refunds for the clients than they were entitled to receive. In total, the conspiracy netted approximately $105,000 in fraudulently obtained refunds.

The sentencings are the result of an investigation by Special Agents with the Internal Revenue Service, under the direction of Special Agent-in-Charge James D. Robnett.

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Juan Luis Jimenez Cortez, a/k/a Fernando Castillo, 45, a native of Mexico living in Chicago, Illinois, was arrested and charged by criminal complaint with aggravated identity theft and making materially false and fictitious statements to a federal officer. The charges carry a minimum penalty of two years in prison, a maximum of five years and a $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, stated that according to the complaint, on August 13, 2017, a Customs and Border Protection Officer encountered the defendant driving a vehicle with an Illinois registration. During primary inspection, Cortez stated that while attempting to drive to Chicago, Illinois, he accidently drove across the Lewiston Queenston Bridge to Canada, and was sent back to the United States side of the border by Canadian border officials. The defendant presented an Illinois Drivers’ License listing the name Fernando Castillo as his proof of identity. Cortez was then referred for a secondary inspection.         

During the secondary inspection, the defendant claimed to be a Puerto Rican born United States citizen, and he presented a Social Security card. Criminal record checks using the name and date-of-birth listed on the Illinois Drivers’ License showed multiple narcotic related arrests, including a 2010 conviction in Puerto Rico for drug trafficking. When asked about the drug arrest, Cortez replied that he has never been arrested for drugs. The defendant subsequently admitted that his true name is Juan Luis Jimenez.    

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 August 16, 2017.

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

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

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Lawrence Hong, 21, of Canada, who was convicted of possession of a firearm by an unlawful user of a controlled substance, was sentenced to time served by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael P. Felicetta, who handled the case, stated that on January 21, 2017, the defendant presented himself for inspection as a non-immigrant visitor to the United States from Canada at the Peace Bridge Port of Entry. Hong was traveling alone in a 2016 Volkswagen that had an Ontario registration. The defendant told the Customs and Border Protection (CBP) officer performing the primary inspection that he was going to Buffalo to shop for a few hours at the mall and that he had nothing to declare. Despite his professed planned shopping trip, defendant had no explanation for the presence of his pet dog in the vehicle with him nor could the defendant provide details of what he intended to do with the dog while he was shopping.

Hong was referred for a secondary inspection during which a CBP officer ran a narcotics detection K-9 dog on the defendant’s vehicle. The officer opened the driver's side door of the vehicle and discovered a 9 mm handgun. During a full inspection the vehicle, $1,122.00 in cash as well as a piece of paper containing Xanax pills, hypodermic needles, and elastic bands were discovered.

Also during the secondary inspection, Hong told an officer that he was going to Ohio to purchase another firearm. The defendant also told the officer that the firearm discovered in his vehicle was previously purchased in the United States and illegally smuggled into Canada.  Hong further admitted that he was a heroin addict who was undergoing methadone treatment.

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Chaoyi Le, 28, of Mississauga, Ontario, Canada, was arrested and charged by criminal complaint with attempt to export and send from the United States, seven live ball pythons and three live albino western hog-nosed snakes, contrary to United States laws and regulations.  The charges carry a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on February 28, 2014, the defendant had an encounter with U.S. Fish and Wildlife Service personnel in Chicago, IL while traveling from Toronto, Ontario to Shanghai, China. Le was found to be in possession of 55 live reptiles, many afforded protection under the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES). CITES is a treaty providing protection to fish, wildlife, and plants that may become imperiled due to the demands of international markets. The live reptiles possessed by the defendant included 19 ball pythons, eight surinam horned frogs, two tiger leg tree frogs, four red eye tree frogs, five crested geckos, four giant day geckos, a fisher chameleon, and 10 Jackson’s chameleons. Le was charged at that time by Violation Notice and paid a $5,000 fine.

The defendant was subsequently stopped on April 22, 2014, while entering Canada from the United States.  At that time, he had three live albino western hog-nosed snakes hidden within his socks. Le, who indicated that he intended to mail the reptiles to China, failed to report for his appearance in federal court in September of 2014.  However, on August 11, 2017, the U.S. Fish and Wildlife Service was notified that Le had boarded a flight from Shanghai, China, bound for Los Angeles, California. The defendant was arrested upon landing in California. 

The criminal complaint is the result of an investigation by the U.S. Fish and Wildlife Service, under the direction of Honora Gordon, Special Agent-in-Charge, Northeast Region: and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division.

Le made an initial appearance today in the Central District of California and will be returned to the Western District of New York at a later date.
 
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 Steven Bennett, 47 of Los Angeles, California, pleaded guilty to conspiracy to possess 50 grams or more of methamphetamine, and conspiracy to commit money laundering before Senior U.S. District William M. Skretny. The charges carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.

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

The plea is the result of an investigation by the Drug Enforcement Agency, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and  the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.

Sentencing is scheduled for November 29, 2017, at 10:00 a.m., before Judge Skretny.

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 Shane Grafman, 33, of Phoenix, AZ, who pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and 100 kilograms or more of marijuana, and money laundering conspiracy, was sentenced to 108 months by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that in April 2009, Shane Grafman and co-defendant Jordan Ali began assisting one another in their drug distribution businesses. The defendants obtained the narcotics in the State of Arizona, and then utilized several methods to send the marijuana and cocaine to the Buffalo area, including cars, trucks, shipping crates, and United States Postal Service parcels. Grafman also utilized private jets to travel from Arizona to Buffalo to pick-up his drug proceeds.

During the investigation, law enforcement officers seized approximately $1,000,000 in United States currency, including $671,385 from a hidden compartment within a Honda Ridgeline driven by Grafman.

A total of six defendants were arrested and convicted in this case. 

Today’s sentencing is the culmination of investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge James D. Robnett; United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam Cohen; Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Erie County Sheriff's Department, under the direction of Sheriff Tim Howard; Niagara Frontier Transit Authority, under the direction of Chief George Gast; Tempe, Arizona Police Department; Apache County, Arizona Sheriff's Department; and the Oklahoma State Police.

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 Kevin D. Waczkowski, 32, of Elma, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

            Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on April 15, 2016, the Federal Bureau of Investigation’s Violent Crimes Against Children Task Force executed a search warrant at the defendant’s residence and seized several electronic devices.  Forensic examination determined that Waczkowski was in possession of thousands of images of child pornography, some of which depicted prepubescent children less than 12 years of age, and some of which depicted images of violence.
            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 November 16, 2017, at 2:00 pm before Judge Vilardo.

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 Robert Brown a/k/a Pee Wee, 54, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute cocaine, was sentenced to time served and 1 year of supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that between June 2013 and July 2014, the defendant bought quantities of cocaine from a co-defendant. The defendant then re-distributed the cocaine from his residence in Buffalo as well as from his store “Pee Wee’s Variety Store.”

The sentencing is the result of an investigation by the FBI’s Safe Streets Task Force.

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 Robert Lee Fisher; Bryan Day; Jason Haynes; Kyle Haynes; and David Haynes, all of Daytona Beach, Florida, were charged by criminal complaint with mail and wire fraud, conspiracy to commit mail and wire fraud, and money laundering conspiracy in connection with a scheme to defraud Xerox. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, Fisher owned RBM Imaging, Inc., which was an authorized reseller of the Xerox Corporation’s office equipment.  The other defendants own Haynes Brothers Furniture in Volusia County, Florida, and two sham companies, HDH Graphics LLC (“HDH”) and Aldar Securities (“Aldar”), which were used to defraud Xerox Company in Webster, New York.

Under Fisher’s contract with Xerox, purchasers of Xerox printers would order Xerox consumables, consisting primarily of toner, to use in their printers. The purchasers, rather than pay Xerox for the toner, would pay Xerox based on the number of prints made with the toner.  At all times, the toner belonged to Xerox until consumed by the purchasers. At no time could the purchasers sell the toner. 
Between 2008 through 2013, Fisher, as an authorized reseller of Xerox printers, sold more than 60 printers to the sham companies, HDH Graphics and Aldar Securities. The Haynes and Day, using the sham companies, and with the assistance of Fisher, over ordered approximately $25,000,000 worth of the toner from Xerox, which they never used to make prints or for legitimate business purposes. To justify the large orders of toner, the Haynes’s and Day falsely reported to Xerox that their companies made 61,174,896 prints during the scheme, when in fact, their companies made few, if any, prints with their Xerox printers.

The Haynes’s and Day then illegally sold the toner to a Miami, Florida individual for approximately $9,400,000. The defendants split the proceeds from the illegal sale of the toner.

The defendant will make an initial appearance on August 11, 2017, before U.S. Magistrate Judge Jonathan W. Feldman.

Today’s plea 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 Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.

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 Michael Fijal, 64, of Buffalo, NY, who was convicted of conspiracy to commit arson, was sentenced to 12 months home detention by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $119,312.05.

According to Assistant U.S. Attorney Timothy C. Lynch, who handled the case, in May 2011, Fijal, a local bank employee, conspired with others to burn down a duplex at 179 Mackinaw Street, which is located in Buffalo's Old First Ward neighborhood. The defendant withdrew money from a local bank for the purpose of paying an accomplice to burn the building and paying the accomplice both before and after the fire on May 22, 2011. 

The sentencing is the result of investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; and Investigators with the Buffalo Fire Department.