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 Halima Mohamed, 35, of Buffalo, NY, pleaded guilty to theft of government funds before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that in February 2015, the defendant and her husband, Tariq Butt, opened Twinkle Stars Day Care Center in Buffalo. Between January 2016 and September 2016, Mohamed submitted hundreds of fraudulent claims to Erie County seeking reimbursement for daycare services purportedly provided by Twinkle Stars to children eligible for Child Care and Development Block Grant funds from the U.S. Department of Health and Human Services. The defendant knew that the children listed on the claims did not actually attend Twinkle Stars on the dates and times claimed, making the daycare ineligible for reimbursement. In total, between January 2016 and September 2016, Erie County paid Twinkle Stars approximately $130,188 for daycare services, which were never rendered.

The plea is the result of an investigation by the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Scott Lampert, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.

Sentencing is scheduled for November 1, 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 a federal grand jury has returned and indictment charging Loren Glen Warner, 27, of Fresno, CA, with production, receipt, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years, a maximum of 30 years and a $250,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the indictment and a previously complaint, in early January, 2017, the defendant met the 14 year-old victim at her family’s church in Cattaraugus County, NY, and the two began communicating via Facebook and Snapchat. During those communications, Warner, who knew the victim was 14 years-old, began making sexual references and statements, and sent sexually explicit images of himself to the victim. The defendant also asked for and received nude photographs of the victim.

On March 27, 2017, the defendant pleaded guilty to Rape in the Second Degree and Endangering the Welfare of a Minor in Cattaraugus County Court and is scheduled to be sentenced on those charges on July 12, 2017.  

The defendant was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held.  

The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; the New York State Police, under the direction of Major Steven Nigrelli; and the Cattaraugus County District Attorney’s Office, under the direction of Lori Rieman.

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

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Elisa Rivera Ortiz, 36, of Buffalo, NY, was arrested and charged by criminal complaint with attempted possession, with intent to distribute, cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on April 8, 2017, United States Postal Inspectors intercepted a package during a routine inspection of incoming parcels that contained cocaine. The package was addressed to the defendant. On June 30, 2017, inspectors found narcotics inside a second package intended for Ortiz.

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

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

The defendant made an initial appearance today before U.S. Magistrate Judge Michael J. Roemer and was released.

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

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 Gabriel Rodriguez, 39, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana before Senior U.S. District Judge William M. Skretny. The charges carry a mandatory minimum sentence of 5 years in prison, a maximum sentence of 40 years, and a fine of $5,000,000.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2004 and July 12, 2012, the defendant conspired with others to distribute large quantities of marijuana in the Buffalo area.  In April 2009, codefendants Jordan Ali and Shane Grafman 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 this time, Rodriguez obtained more than 2,000 from Grafman and Ali for distribution in the Buffalo area.  

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. 

The plea 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 James C. Spero; 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.

Sentencing is scheduled for October 18, 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 Robert Hall, 41, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum 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 on May 13, 2016, law enforcement officers seized three packages containing cocaine that were shipped from Texas to Buffalo to various recipients. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set-up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo. The three packages contained a total of five kilograms of cocaine. Hall paid the recipients of the packages in money or crack cocaine so they would receive the packages for Hall and co-defendant Clarence Adams. The charges against Adams remain pending. 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 Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the Cheektowaga Police Department, under the direction of Chief David Zack. 

Sentencing is scheduled for October 13, 2017, at 1:00 p.m. 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 Diane Cleversley, 68, of Williamsville, NY, pleaded guilty to theft of social security retirement benefits, 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 Stephanie Lamarque, who is handling the case, stated that the defendant failed to notify the Social Security Administration of her mother’s death in 2001. As a result, social security checks continued to be issued and deposited into a joint savings account held by Cleversley and her mother.  The defendant transferred funds from the joint savings account into her own checking account. Cleversley, a retired social worker, stole a total of $176,405 between July 2001 and February 2017.

The plea is the result of an investigation by the Office of the Inspector General of the Social Security Administration, under the direction of Special Agent-in-Charge John Grasso. 

Sentencing is scheduled for October 2, 2017, at 12:00 pm 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 Dimas Colon-Cruz, 37, of Erie, Pennsylvania, pleaded guilty to carjacking and brandishing a firearm in furtherance of a crime of violence, before U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated on July 20, 2015, the defendant traveled with co-defendants Michael Gonzalez-Colon and Denis Cruz, from Erie, Pennsylvania to Dunkirk, NY, on stolen all-terrain vehicles. Shortly after arriving in Dunkirk, the ATV's were seized by the Dunkirk Police Department leaving the defendants without transportation.

Subsequently, the defendant and his codefendants assaulted an individual (Victim 1) near Robin and Second Streets in Dunkirk. The trio brandished firearms during the assault, struck Victim 1 in the face and stole several items from Victim 1. Almost immediately after Victim 1 was assaulted, a second victim (Victim 2) was assaulted by the defendant and his codefendants near 209 Robin Street. After exiting a car, Victim 2 was approached by the defendant and his codefendants and ordered to kneel on the ground at which time the victim was struck in the head with a handgun. Following the assault, the defendant and his codefendants stole Victim 2’s car, a 2004 Pontiac Grand Am. Also on July 20, 2015, Lakeside Lawncare in Fredonia, NY, was burglarized and several items were stolen including a gray 2002 GMC Sierra pickup truck. On July 22, 2015, both the 2004 Pontiac Grand Am and the 2002 GMC Sierra pickup truck were recovered in Erie, Pennsylvania.

Michael Gonzalez-Colon has been convicted and sentenced. Charges are pending against Denis Cruz. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

Today’s plea is the result of an investigation by the Dunkirk Police Department, under the direction of Chief David Ortolano; the Erie, Pennsylvania Police Department, under the direction of Chief Randy Bowers; the New York State Police, under the direction of Major Steven Nigrelli; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.

Sentencing is scheduled for October 25, 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 announced today that William Wentling, 68, of Rothville, PA, pleaded guilty to violation of the Bald and Gold Eagle Protection Act before U.S. District Judge Jonathan W. Feldman. The defendant was then sentenced to two years’ probation and fined $3,500. 

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in March 2015, the New York State Department of Conservation received a report of a dead bald eagle in a field on Thompson Road in Addison, NY. The defendant operated a sheep farm in Addison, adjacent to where the carcass was discovered.

Subsequent investigation determined that in May 2014, Wentling mailed a container of Furadan, a restricted-use pesticide known to be highly toxic to wildlife, from his home in Pennsylvania to his farm in Addison. In March of 2015, the defendant directed his employees to pour Furadan over sheep carcasses on his farm for the purpose of controlling predators, specifically, birds of prey. As a result, two bald eagles, two red-tailed hawks, and a rough-legged hawk died after ingesting Furadan-laced sheep. One of the birds was an adult female bald eagle, which was incubating eggs in a nearby nest at the time of its death. At no time did Wentling have permits to take any of these birds, alive or dead.

“As a bird, the bald eagle is emblematic of our great Nation,” said Acting U.S.  Kennedy. “With this prosecution, we reaffirm two of the very attributes which lie at the core of our Nation’s greatness — our commitment to upholding the rule of law and our commitment to protecting of the most vulnerable among us.”

“The U.S. Fish and Wildlife Service, Office of Law Enforcement, protects wildlife through the enforcement of federal conservation laws,” said Honora Gordon, Special Agent-in-Charge for the Northeast Region. "The intentional placement of poison on bait carcasses not only poses a threat to protected wildlife such as eagles and hawks, but also to other animals and to people. We take these situations very seriously and investigate these crimes to the fullest extent possible. The result of this case demonstrates our commitment to investigating wildlife crimes together with our partners such as the New York State Department of Environmental Conservation, Division of Law Enforcement.”

“From Staten Island to Lake Champlain to Western New York, bald eagles are thriving in our state thanks to decades of restoration efforts,” Department of Environmental Conservation (DEC) Commissioner Basil Seggos said. “I applaud the work of our Environmental Conservation Officers (ECOs), the United States Attorney's Office, Western District of New York, and Special Agents of the U.S. Fish and Wildlife Service for closing this case with a successful sentence. This will serve as a reminder that New York must remain diligent in our efforts to restore this iconic bird and uphold the conservation laws that protect it.”

In the early 1900’s, New York State was home to more than 70 nesting pairs of bald eagles, and was a wintering ground for several hundred more. However, by 1960, New York State had only one known active bald eagle nest remaining. Beginning in 1976, and continuing until 1988, the NYS-DEC Bald Eagle Program collected 198 nesting bald eagles from other parts of the United States, brought them to New York State, and then hand-reared them to independence. Today, there are more than 300 nesting pairs of bald eagles in the state.

The plea and sentencing are the result of an investigation by Special Agents of the U.S. Fish & Wildlife Service, under the direction of Special Agent-in-Charge Honora Gordon and Environmental Conservation Officers with the New York State Department of Environmental Conservation, under the direction of Captain John Burke.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Carriero, 38, of Buffalo, NY, pleaded guilty to bank fraud and aggravated identity theft 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.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between September 27, 2015, and March 16, 2016, the defendant executed a scheme to defraud Citizens Bank and the United States Postal Service. Defendant forged over 50 stolen checks at various Citizen’s Bank and Post Office locations, resulting in losses amounting to $35,577.00. 
    
Carriero also pleaded guilty to two violations of supervised release. The defendant was on supervised release following a 2011 conviction in the Eastern District of Kentucky for theft of government property. Carriero was sentenced to 37 months in prison and three years’ supervised release. On August 11, 2014, the defendant was sentenced once again in the Eastern District of Kentucky for escape.

The plea is the result of an investigation by U.S. Postal Inspection Service, under the direction of Boston Division Inspector in Charge Shelly Binkowski.

Sentencing is scheduled for October 6, 2017, at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy announced today that Raymond DeJesus, 24, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and distribution of heroin before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between August 2014, and September 28, 2015, the defendant conspired with Daniel Molina Rios, Orlando Rios, Jose Andujar, Luis Montanez, and others to distribute heroin on the West Side of Buffalo. The investigation utilized undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.

DeJesus was a street-level distributor or “runner” in a heroin trafficking ring operated by Daniel Molina-Rios. 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, and DeJesus is the seventh 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.   

DeJesus is scheduled to be sentenced on October 5, 2017, at 12:30 p.m. before Judge Arcara.

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 Isaiah L. McLaurin, 27, of Elmira, NY, pleaded guilty to witness tampering before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that on May 17, 2017, the defendant made threats against an individual that he believed was cooperating in a drug investigation in the Elmira area. McLaurin intended to prevent that person from testifying and providing information to law enforcement authorities about the drug trafficking organization.  

On May 16, 2017, four individuals—Robert Ian Thatcher, Maximillian Sams, Dwayne Banks, and Carlito Rios, Jr.—were arrested and charged in a federal criminal complaint with various drug trafficking and firearms offenses including conspiracy to possess with intent to distribute, and to distribute, quantities of furanyl fentanyl, a Schedule I controlled substance, and U-47700, a Schedule I controlled substance.

On May 16, 2017, an article about the arrests and investigation was published on the website for the Star Gazette, the local newspaper in Elmira. The article was entitled “Four face federal charges in Elmira drug investigation.”  A digital copy of the complaint and supporting affidavit were also published on the Star Gazette’s website with the article. In the supporting affidavit, certain confidential sources were referenced by anonymous designations (including “CC-1” and “CS-2”).
The following day, May 17, 2017, a member of law enforcement observed a series of public Facebook comments related to the investigation described in the article on a Facebook page bearing the user name “Isaiah Mclaurin” and a profile picture of Isaiah L. McLaurin.  One post stated: Isaiah Mclaurin
Facts somebody better have this N**** in protective custody cause if he thinks he can just pick his daughter up from school and everything’s gonna be ok.  He got it coming
In these Facebook posts, McLaurin publicly identified the individual – referred to as Individual A – that he believed is one of the confidential sources referenced in the complaint against Thatcher, Sams, Banks, and Rios, and threatened both Individual A and Individual A’s child.
 
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, under the direction of Major Richard Allen; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; and the Pennsylvania State Police, under the direction of Commissioner Colonel Tyree C. Blocker.

Sentencing is scheduled for September 28, 2017, at 3:00 p.m. before Chief 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 Brittney Ridgeway, 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, fentanyl, was sentenced to time served (approximately 16 months) in prison by U.S. District Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handling the case, stated that during the course of the conspiracy, the defendant and her boyfriend, Dellsean Hamilton, sold heroin and fentanyl in the Buffalo and Cheektowaga areas. On March 25, 2015, Cheektowaga Police officers recovered $2,315 in cash and 145 envelopes containing almost four grams of fentanyl following a traffic stop of a vehicle in which Ridgeway and Hamilton were riding.

Subsequent investigation determined that Hamilton was a large volume heroin supplier in Buffalo and the surrounding area and Ridgeway assisted him in the distribution of the heroin and fentanyl. Hamilton was arrested on January 11, 2016, also on distribution charges. Following Hamilton’s arrest, law enforcement officers learned that Ridgeway continued to distribute heroin. Officers made controlled purchases of fentanyl from Ridgeway on February 4 and February 11, 2016. 

Hamilton was also convicted and is scheduled to be sentenced on August 28, 2017.

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) 551-3051

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Alberto Rosado-Leon, 36, of Puerto Rico, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
   
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that the defendant, along with co-defendants Wendell Delgado-Sanchez and Figuerora Suarez, conspired to distribute cocaine from an apartment located on Dearborn Street in Buffalo, New York. On March 5, 2015, law enforcement officers executed a search warrant at the apartment and recovered 1,368 grams of cocaine in a safe and a 9mm pistol.

Officers also recovered a surveillance video system from inside the apartment that displayed the activities inside the apartment from February 27, 2015, through March 5, 2015. A review of the video demonstrates that during that time period, all three defendants were present weighing, mixing, and packaging cocaine for distribution. The video also depicts occasions when the defendants completed drug transactions with customers.

Wendell Delgado-Sanchez has been convicted and is awaiting sentencing. Figuerora Suarez was convicted and sentenced to 60 months in prison.

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

Sentencing is scheduled for October 18, 2017 at 9:30 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 announced today that Maikel Gonzalez, 20, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and distribution of heroin before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between January 2015, and September 28, 2015, the defendant conspired with Daniel Molina Rios, Orlando Rios, Jose Andujar, Luis Montanez, and others to distribute heroin on the West Side of Buffalo. The investigation utilized undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.

Gonzalez was a street-level distributors or “runner” in a heroin trafficking ring operated by Daniel Molina-Rios. 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, and  Gonzalez is the sixth 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.   

Gonzalez is scheduled to be sentencing on October 2, 2017, at 1:00 p.m. 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 six defendants were charged by criminal complaint with conspiracy to commit wire fraud. Named in the complaint are Joseph Ciffa, 49, Erica Lounsberry, 30, both of Grand Island, NY; Debbie Seright, 41, and Shauniqua Rodriguez, 38, both of Niagara Falls, NY; Damario Turpin, 36, of Buffalo, NY; and Carmelo Collana, 48, of Kenmore, NY. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. Defendant Ciffa is also charged with health care fraud, which is punishable by up to 10 years in prison and a $250,000 fine.

  Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that defendant Ciffa has been involved in the debt collection business since at least 2013. Since approximately March 2015, the defendant has operated out of multiple locations including 1625 Buffalo Avenue, in Niagara Falls, NY; 870 Ontario Street in Kenmore, NY; 1567 Military Road in Kenmore; and out of his home office.

According to the complaint, the debt collection operation was not a legitimate operation, and employed fraudulent means to collect on debts, to recollect on debts already collected, and to process and transfer payments related to the collection of such debts. The operation allegedly used threatening statements to debtors all over the United States, made via telephone calls, in an effort to induce payment of debts.

Defendants Lounsberry and Seright were managers who oversaw other employees. Defendant Collana was an associate who established shell companies, payment processing accounts, and bank accounts, to facilitate the receipt of victim payments, and removed cash from these accounts for Ciffa. Defendant Turpin was also an associate who allowed Ciffa to process victim payments in his (Turpin's) MoneyGram and bank accounts. Defendant Rodriguez was an employee who threatened victims over the telephone, claiming that they were charged with complaints and/or under arrest.

On December 15, 2016, a search was executed at Ciffa's residence on Grand Island. Law enforcement officers recovered discovered a debit card bearing Damario Turpin's name linked to a bank account; business checks other bank accounts; and a bank signature stamp for Damario Turpin. Ciffa's cellular telephone was also seized. A forensic analysis revealed recorded phone conversations during which Ciffa described in detail the fraud scheme in which his debt collection organization was engaged. Other recorded phone conversations detail the money Ciffa was making as a result of his illegal activity. During one conversation, Ciffa stated: "We did 370 grand the month of March...We're on a $300,000 a month pace right now..."

In addition, between March 2015 and August 30, 2016, defendant Ciffa is accused of fraud involving Medicaid benefits meant for low-income individuals. In application to the Erie County Department of Social Services, Ciffa claimed that he and his wife earned a combined $610 in weekly income. As a result, the defendant, his wife and their two children received benefits. According to the complaint, Ciffa's total income for 2015 was $1,284,951.04. 

The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and were released.

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

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 Alberto Rosado-Leon, 36, of Puerto Rico, pleaded guilty to conspiracy to distribute 500 grams or more of cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
   
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that the defendant, along with co-defendants Wendell Delgado-Sanchez and Figuerora Suarez, conspired to distribute cocaine from an apartment located on Dearborn Street in Buffalo, New York. On March 5, 2015, law enforcement officers executed a search warrant at the apartment and recovered 1,368 grams of cocaine in a safe and a 9mm pistol.

Officers also recovered a surveillance video system from inside the apartment that displayed the activities inside the apartment from February 27, 2015, through March 5, 2015. A review of the video demonstrates that during that time period, all three defendants were present weighing, mixing, and packaging cocaine for distribution. The video also depicts occasions when the defendants completed drug transactions with customers.

Wendell Delgado-Sanchez has been convicted and is awaiting sentencing. Figuerora Suarez was convicted and sentenced to 60 months in prison.

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

Sentencing is scheduled for October 18, 2017 at 9:30 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 Shania Martin, 21, of Gowanda, NY, was arrested and charged by criminal complaint with making a false statement. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

  Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the defendant is the girlfriend of Shane Michael Aurand. Aurand was arrested in March 2015 and charged federally with producing and distributing child pornography. According to the complaint, Martin made false statements to special agents of the Federal Bureau of Investigation during the investigation of her boyfriend.    

Martin made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and released.

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

The 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 William Padovani, 36, of Buffalo, NY, pleaded guilty before U.S. District Court Judge William M. Skretny to narcotics conspiracy. The charge carries a minimum penalty of five years in prison and a maximum of 40 years.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in November 2014, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed on the package, which contained cocaine and heroin packaged inside coffee grounds. After removing the controlled substances, the Drug Enforcement Administration conducted a controlled delivery of the package. During the delivery, the defendant arrived at the address and placed the package inside of his car. Subsequently, law enforcement officers observed Padovani drive away from the residence, stop his car, and exit the car to begin inspecting the package. The defendant was arrested at that time.   

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

Sentencing is scheduled for September 27, 2017, 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 a federal grand jury has returned an indictment charging Colette Arne, 66, of Lockport, NY, with distribution of oxymorphone and maintaining a drug-involved premises. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

  Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment, on November 5, 2013, and January 6, 2014, the defendant sold oxymorphone to a confidential source working with law enforcement officers. Following the second sale, Arne’s Applewood Drive residence was search with her consent. Officers recovered $24,200 in cash and empty prescription pill bottles. The prescriptions were issued to the defendant and her now-deceased husband.

Arne was arraigned this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and released.

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

The 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 Jeffrey Coleman, 47, of Buffalo, who was convicted of conspiracy to possess with intent to distribute more than 100 grams of heroin, was sentenced to 78 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that Coleman was the courier of a heroin distribution conspiracy, which brought heroin to Buffalo from New York City. The defendant was stopped on February 26, 2014, and found in possession of more than $65,000 in cash, which was payment for the delivery of heroin.

Also, on February 26, 2014, law enforcement officers executed a search warrant at a residence on West Delavan Avenue in Buffalo. During the search, officers recovered more than 100 grams of heroin, drug packaging paraphernalia, and $4,000 in cash.

Coleman was arrested along with four other defendants. All five defendants have been convicted and sentenced. 

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

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 Justin Griffin, 28, of Cheektowaga, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, was sentenced to 24 months Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Michael P. Felicetta, who handled the case, stated that on four occasions in August and September of 2016, the defendant sold cocaine to a confidential source. On September 21, 2016, DEA agents executed a search warrant at 2067 Broadway Avenue (upper) in the Town of Cheektowaga. Griffin was located inside the apartment in the possession of three cellphones. A plastic bag with cocaine residue was located inside a closet of the apartment. One of the three cellphones in the defendant’s possession matched the phone number used by Griffin to set up the undercover sales he made with the confidential source.

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 Cheektowaga Police Department, under the direction of Chief David Zack.

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 Khiry T. Aiken, 27, of Rochester, NY, who was convicted of bank robbery, was sentenced to 71 months in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant admitted to robbing three federal credit unions and four banks in the Rochester and Buffalo, NY areas in 2016. Specifically, Aiken admitted to robbing the following financial institutions on the following dates:

• Advantage Federal Credit Union, 1625 Mt. Hope Avenue, Rochester, on April 16, 2016; • Key Bank, 1475 Mt. Hope Avenue, Rochester, on May 25, 2016; • First Niagara Bank, 1989 Clinton Street, Buffalo, on August 9, 2016; • Summit Federal Credit Union, 1660 Monroe Avenue, Brighton, on August 15, 2016; • Northwest Savings Bank, 3517 Union Road, Cheektowaga, on August 24, 2016; • Advantage Federal Credit Union, 1625 Mt. Hope Avenue, Rochester, on August 29, 2016; and
• First Niagara Bank, 3051 Sheridan Drive, Amherst, on September 13, 2016.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Brighton Police Department, under the direction of Chief Mark Henderson; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Amherst Police Department, under the direction of Chief John Askey; and the Cheektowaga Police Department, under the direction of Chief David Zack.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Maricela De La Torre Valadez, 49, of Mexico, pleaded guilty to using improperly another individual’s passport and was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
 
Assistant U.S. Attorneys Scott S. Allen, Jr. and Jonathan P. Cantil, who handled the case, stated that on April 30, 2017, the defendant attempted to use a Mexican passport designed and issued for use by another person in order to gain entry into the United States.  Specifically, De La Torre Valadez, a passenger in a taxicab, presented the passport to a Customs and Border Protection Officer at the Rainbow Bridge Port of Entry in Niagara Falls, NY. When an officer asked the defendant to write her name on a piece of paper, De La Torre Valadez wrote her real name, which did not match the name on the passport. Further investigation revealed that the passport belonged to the defendant’s mother. When officers searched De La Torre Valadez’s luggage, they discovered a Mexican passport associated with the defendant’s true identity.

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

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Frank Wilson, 56, of Rochester, NY, pleaded guilty to assisting in the preparation of false tax returns before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of three years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Wilson operated a tax preparation business in Rochester that was affiliated with a tax return preparation business in Georgia. From February 2011 to April 2011, the defendant prepared at least 18 false tax returns claiming fraudulent total refunds of at least $90,508. Among other things, the false tax returns included inaccurate Schedule C income, in an attempt artificially to inflate the amount of the Earned Income Tax Credit claimed by Wilson’s clients.

The plea is the result of an investigation by Special Agents with 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 September 21, 2017, at 3:00 p.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 a federal grand jury has returned a 15 count indictment charging Todd Cameron, 46, of East Amherst, NY, with filing false tax returns and transporting and harboring illegal aliens. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Trini E. Ross and Stephanie Lamarque, who are handling the case, stated that according to the indictment, between June 2012 and December 2015, Cameron operated the Buffalo Remodeling & Construction Co. of W.N.Y. and Buffalo Roofing Co. For the tax years 2013, 2014, and 2015, the defendant failed accurately to report income generated from his businesses to the Internal Revenue Service.
 
In addition, between July 2015 and December 2015, Cameron is accused of transporting and harboring six illegal aliens for the purpose of commercial advantage and private financial gain. According to a previously filed complaint, the defendant paid for the illegal aliens to be transported from the State of Maryland here to the Western District of New York to work for his roofing business. Cameron then paid to house the illegal aliens, first at a local hotel and then in a house owned by a business of the defendant.  
 
The defendant was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and released on bond.
 
The indictment 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, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.

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

WASHINGTON – Assistant U.S. Attorney’s Joseph M. Tripi and Michael S. Cerrone of the U.S. Attorney’s Office in the Western District of New York were two of 179 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 33rd Director’s Awards Ceremony today in Washington D.C.

AUSA Tripi, Deputy Chief of the Narcotics and Organized Crime Section, was honored for leading a Federal Bureau of Investigation Task Force comprised of federal, state, and local agencies to combat gang violence in Buffalo, NY, and its suburbs. During an investigation and prosecution that lasted six years, several RICO conspiracy/murder indictments were returned against 47 members and associates of the 10th Street Gang and 20 members and associates of the rival 7th Street Gang. All 67 charged gang members were convicted by plea or trial. These prosecutions solved 10 gang-related murders, dozens of additional shootings, and led to complete dismantling of the 10th and 7th Street gangs. AUSA Tripi also led an investigation that resulted in return of a RICO Conspiracy indictment charging and convicting four members of the Bloods Gang with kidnappings and robberies of rival drug dealers, and another RICO conspiracy/murder indictment charging 16 members of the Kingsmen Motorcycle Club gang with acts of violence including murder.

AUSA Cerrone was honored for his outstanding work representing the Federal Government in civil litigation. In the last year, because of AUSA Cerrone’s aggressive and persuasive research and writing skills, he received nine favorable decisions from the District Court granting dispositive motions in FOIA, employment discrimination, and Bivens matters, and two favorable decisions from the Second Circuit in medical malpractice and Bivens matters. In addition, because of AUSA Cerrone’s aggressive and creative litigation skills, he settled four cases on very favorable terms in tort, medical, malpractice, employment discrimination, and ACE matters.

“The Western District of New York is fortunate and privileged to have more than 50 dedicated and outstanding Assistant United States Attorneys working on behalf of the American people,” said Acting U.S. Attorney James P. Kennedy, Jr. “Joseph Tripi and Michael Cerrone exemplify the commitment to excellence deeply rooted in this Office.  Both Mr. Tripi and Mr. Cerrone are richly deserving of these honors and I know that each of them also recognize that a victory for one is a victory for our entire office. As the saying goes—‘the strength of the team is each individual member, and the strength of each member is the team.’”

In his prepared remarks, Deputy Attorney General Rosenstein stated, “These 179 award recipients embody the best of the Department of Justice. Today’s honorees have earned the esteem of their colleagues. But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded. ”

The Western District of New York was one of 35 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

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 Abimael Mercado, 36, of North Tonawanda, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on May 11, 2016, law enforcement officers executed a search warrant at Mercado’s home and found a shotgun and 11 shells in his bedroom. The defendant was previously convicted of a federal drug felony, and is prohibited from legally possessing firearms and ammunition.

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rasheen Newkirk, 42, of Buffalo, NY, who was convicted of possession with intent to distribute heroin and being a felon in possession of a firearm and ammunition, was sentenced to 151 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Wei Xiang and Patricia Astorga, who handled the case, stated that on December 11, 2013, Newkirk was arrested by Drug Enforcement Administration special agents in Buffalo. The defendant was identified through an investigative lead that was developed by DEA agents in Ohio, where a Chicago-based courier transporting a load of heroin was intercepted by an Ohio State Highway Patrol trooper.

A search of Newkirk’s house in Buffalo yielded, among other evidence, a quantity of heroin, 205 glassine envelopes, and a loaded Glock handgun. The defendant served a 112-month sentence for a previous federal firearm conviction and was prohibited from legally possessing any firearm and ammunition.

The plea is the result of an investigation by the Drug Enforcement Administration Resident Offices in Buffalo, Toledo, Ohio, and Chicago, Illinois, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Ohio State Highway Patrol.

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 Christopher Mason, 37, of Rochester, NY, was arrested and charged in a criminal complaint with production of child pornography and online enticement of a minor. The charges carry a minimum sentence of 10 years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, a thirteen year-old child complained to a school guidance counselor that Mason, her mother’s boyfriend, asked her to send him nude photos of herself. The Rochester Police Department was notified who in turn contacted the FBI Child Exploitation Task Force for assistance.

The complaint states that investigators recovered online chats between the defendant and the child, which showed that Mason was soliciting the child to engage in sexual acts with him and attempting to get the child to produce sexually explicit photos and videos for him. 

During the course of the investigation, federal agents learned that the defendant was affiliated with a Residential Day Care Center in Rochester.

Mason made an initial appearance before U.S. Magistrate Judge Marian Payson and is being held pending a detention hearing on June 16, 2017, at 11:00 a.m.

The criminal complaint is the culmination of an investigation by Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; and Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S Cohen.

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

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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jerome Randolph, 33, of Philadelphia, PA, who was convicted of conspiracy to distribute heroin, was sentenced to 195 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that in early 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Rochester Police Department (RPD) conducted a multi‐agency investigation into a significant Philadelphia, PA based heroin trafficking organization distributing heroin to a group of individuals located in Rochester, NY. The investigation included the use of court-approved wiretaps on multiple phones used by the various defendants. The wiretap investigation revealed that Jerome Randolph headed the Philadelphia group, and was responsible for overseeing the trafficking of heroin from Philadelphia to Rochester. The defendant relied principally on two named codefendants, David Haynes and Edwin Rodriguez, who were responsible for the transportation of heroin and drug proceeds between the two cities. Haynes and Rodriguez were convicted and sentenced to 180 and 188 months in prison respectively. 

Once the heroin arrived in Rochester, it was distributed by members of the Rochester organization. In addition to the three Philadelphia conspirators, 11 Rochester area individuals were arrested in March 2016.

During the execution of search warrants following the arrests of 14 defendants, law enforcement officers seized 22,713 decks of heroin, $93,399.00 in cash and nine firearms.  The heroin seizures made in this case alone well exceeded the total amount of heroin seizures made in all of 2015 in the City of Rochester. Law enforcement officers estimate the Rochester organization was distributing in excess of $50,000 of heroin per week.

At this time, 11 of the 14 defendants arrested in this case have been convicted. The three remaining defendants, Damon Montgomery, Johnny Balkman and DeShawnra Williams, are scheduled to go to trial in the fall of 2017. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty. 

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Adam S. Cohen; U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations; Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Thomas Brophy, Buffalo Field Office Director; U.S. Border Border Patrol; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County District Attorney’s Office, under the direction of Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team (GRANET); and the New York State Department of Corrections and Community Supervision in coordination with the Philadelphia ATF and DEA Resident Offices and the Pennsylvania State Police.  

A Canadian man pleaded guilty today in Rochester, New York to conspiring to defraud the United States and commit theft of government funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney James P. Kennedy Jr. for the Western District of New York.

According to documents filed with the court, Timothy Johnston, 36, of Calgary, Alberta, Canada, along with other Canadian citizens, participated in a scheme to file fraudulent claims for refund with the Internal Revenue Service (IRS). In March 2009, Johnston filed a fraudulent nonresident alien income tax return seeking a refund of $642,947.26. On this return, Johnston falsely claimed that the requested refund represented the amount of income taxes that had been withheld and paid to the IRS on his behalf. After the IRS issued the refund to Johnston, he entered the United States and opened a bank account in Rochester, New York to deposit the fraudulently obtained check. Between August 2009 and December 2011, Johnston caused funds to be transferred from this account to a bank account in Canada and accounts in the United States in the names of his co-conspirators.

U.S. District Judge Frank P. Geraci Jr. of the Western District of New York scheduled sentencing for Sept. 12. Johnston faces a statutory maximum sentence of five years in prison, a period of supervised release and monetary penalties. As part of his plea agreement, Johnston agreed to pay restitution to the IRS in the amount of $642,947.26.

Johnston is the third Canadian citizen to be convicted for his role in this scheme. In January 2016, Kevin Cyster of Burlington, Ontario, was sentenced to 135 months in prison after a jury convicted him of conspiring to defraud the United States and commit theft of government funds, making a false claim against the United States and transferring stolen money in foreign commerce. In June 2014, Renee Jarvis, also of Ontario, pleaded guilty to conspiring to defraud the United States and commit theft of government funds. She is awaiting sentencing.

Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Kennedy thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Melissa S. Siskind and Thomas F. Koelbl of the Tax Division, and Assistant U.S. Attorney John Field of the Western District of New York, who are prosecuting this case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

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

ROCHESTER, NY, – Acting U.S. Attorney James P. Kennedy, Jr. and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division announced today that Timothy Johnston, 36, of Calgary, Alberta, Canada, pleaded guilty to conspiring to defraud the United States and commit theft of government funds before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison. As part of his plea agreement, Johnston agreed to pay restitution to the IRS in the amount of $642,947.26.

According to Assistant U.S. Attorney John J. Field and Trial Attorneys Melissa S. Siskind and Thomas F. Koelbl of the Tax Division, who are handling the case, the defendant, along with other Canadian citizens, participated in a scheme to file fraudulent claims for refund with the Internal Revenue Service (IRS). In March 2009, Johnston filed a fraudulent nonresident alien income tax return seeking a refund of $642,947.26.  On this return, Johnston falsely claimed that the requested refund represented the amount of income taxes that had been withheld and paid to the IRS on his behalf.  After the IRS issued the refund to Johnston, he entered the United States and opened a bank account in Rochester, NY to deposit the fraudulently obtained check. Between August 2009 and December 2011, Johnston caused funds to be transferred from this account to a bank account in Canada and accounts in the United States in the names of his co-conspirators. 

Johnston is the third Canadian citizen to be convicted for his role in this scheme. In January 2016, Kevin Cyster of Burlington, Ontario, was sentenced to 135 months in prison after a jury convicted him of conspiring to defraud the United States and commit theft of government funds, making a false claim against the United States and transferring stolen money in foreign commerce.  In June 2014, Renee Jarvis, also of Ontario, pleaded guilty to conspiring to defraud the United States and commit theft of government funds and is awaiting sentencing. 

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

Sentencing is scheduled for September 12, 2017, at 3:00 p.m. 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 Jerry Little, 47, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Judge Charles J. Siragusa.  The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant robbed the First Niagara Bank located at 2255 East Ridge Road in Rochester. During the robbery, Little handed a teller a note, which read, “this is a robbery,” and demanded all of the money in the teller’s top drawer. The teller complied the defendant left the bank with the money.

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, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the New York State Police, under the direction of Major Richard Allen.

Sentencing is scheduled for September 14, 2017, at 9:15 a.m., before Judge Siragusa.

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 Oneil Quinones, 32, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin and cocaine, was sentenced to 210 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that the defendant was an associate of a gang known as the Loiza Boys, which has been distributing heroin and cocaine on Buffalo’s West Side since at least 2006.

The defendant was charged in 2013 along with nine co-conspirators following a long-term investigation that involved the interception of telephone calls of various defendants and the use of undercover drug purchases from some of those charged. During the investigation, law enforcement officers seized over 450 grams of heroin, three firearms, and over $70,000 in U.S. currency.

Nine of the 10 defendants have been convicted. The remaining defendant, Josbel Garcia, is scheduled to go to trial on November 14, 2017. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Igor Finkelshtein, 45, of Getzville, NY, who was convicted of making and subscribing a false tax return, was sentenced to two years’ probation and fined $20,000 by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Frank H. Sherman, who handled the sentencing, stated that the defendant operated Buffalo Transportation, Inc. (BTI) as both a medical transportation company and a taxi service. Income derived from providing medical transportation services, which was generally received in the form of checks, was deposited to the BTI corporate bank account. However, cash income derived from the taxi service was not deposited into the same account. A substantial amount of cash was instead diverted to personal bank accounts held by Finkelshtein various family members and associates. 

The defendant provided his tax preparer with BTI’s corporate bank records but did not provide records for the cash deposits made to various personal bank accounts. This resulted in inaccurate gross receipts being reported on the corporate income tax returns for fiscal years ending October 31, 2007, through October 31, 2010.

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

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a one-count indictment charging Yousef Goba, 43, of Yemen, with making extortionate threats to harm and kidnap a minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Timothy C. Lynch and Wei Xiang, who are handling the case, stated that according to the indictment and a previously filed complaint, between February 2015 and April 2015, Goba contacted the victim through telephone and text messages and threatened to kidnap the victim’s minor child.
The minor child went to Yemen with her mother in September 2013.  While in Yemen, the minor child, her mother, and siblings lived with Goba for a period of time. When the mother wanted to move from Goba’s residence, the defendant refused to let the minor child leave and threatened that he would have the minor child marry a Yemeni man, if money was not paid to him. On April 8, 2015, during a call recorded by the FBI, Goba demanded that the victim pay him $11,000 as well as money for other expenses for the release of the minor child.
The defendant was arrested, pursuant to an arrest warrant, on Friday, June 2, 2017, at JFK Airport, when he entered the United States on a commercial flight. 
Goba will be arraigned this afternoon at 2:00 p.m. before U.S. Magistrate Judge Michael J. Roemer. 
The indictment is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Troy Malecki, 49, of Williamsville, N.Y., who was convicted of possession of child pornography depicting minors less than 12 years of age, was sentenced to five years in prison by U.S. Senior District Judge William M. Skretny.

Assistant U.S. Attorney Scott S. Allen, Jr., who handed the case, stated that Malecki was part of an online community dedicated to the exchange and discussion of child pornography. On September 18, 2015, special agents from the Federal Bureau of Investigation, Violent Crimes Against Children Task Force, executed a search warrant at the defendant’s residence and seized his cellular telephone. Forensic examination of Malecki’s phone revealed that he was in possession of more than 850 images of child pornography, some of which depicted prepubescent children less than 12 years of age, and some of which depicted violence.

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

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Mikel Lowe, aka L-O, 23, of Buffalo, NY, with possession with intent to distribute crack cocaine and heroin, and possession of firearms in furtherance of drug trafficking crimes. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated on February 28, 2017, the defendant possessed crack cocaine, fentanyl, and heroin, which was intended for distribution in the Buffalo area. In addition, while in possession of the illegal narcotics, Lowe also possessed a firearm.

Lowe was arraigned this afternoon before U.S. Magistrate Judge Hugh B. Scott and is being held pending a detention hearing on June 9, 2017 at 10:00 a.m.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Erie County Sheriff’s Department, under the direction of Timothy Howard, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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

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

BUFFALO, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr. announced today that Andre Jackson, 29, of Buffalo, who was convicted of conspiracy to distribute cocaine, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June 2013 and July 2014, Jackson conspired with other Schuele Boys associates and gang members, including Michael Robertson, to distribute cocaine in the City of Buffalo.

The Schuele Boys refers to a gang that operated in the Schuele Street area of the East Side of Buffalo and is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.

Jackson is one of 28 individuals arrested as part of the Schuele Boys investigation. To date, 23 of those 28 defendants 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 culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen. 

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Gonzalez-Colon, 21, of Erie, Pennsylvania, who was convicted of carjacking and brandishing a firearm in furtherance of a crime of violence, was sentenced to 144 months in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Michael P. Felicetta, who handled the case, stated on July 20, 2015, the defendant traveled with co-defendants Dimas Colon-Cruz and Denis Cruz, from Erie, Pennsylvania to Dunkirk, NY, on stolen all-terrain vehicles. Shortly after arriving in Dunkirk, the ATV's were seized by the Dunkirk Police Department leaving the defendants without transportation.

Subsequently, the defendant and his codefendants assaulted an individual (Victim 1) in the vicinity of Robin and Second Streets in Dunkirk. The trio brandished firearms during the assault, struck Victim 1 in the face and stole several items from Victim 1. Almost immediately after Victim 1 was assaulted, a second victim (Victim 2) was assaulted by the defendant and his codefendants in the vicinity of 209 Robin Street. After exiting a car, Victim 2 was approached by the defendant and his codefendants and ordered to kneel on the ground at which time the victim was struck in the head with a handgun. Following the assault, the defendant and his codefendants stole Victim 2’s car, a 2004 Pontiac Grand Am. Also on July 20, 2015, Lakeside Lawncare in Fredonia, NY, was burglarized and several items were stolen including a gray 2002 GMC Sierra pickup truck. On July 22, 2015, both the 2004 Pontiac Grand Am and the 2002 GMC Sierra pickup truck were recovered in Erie, Pennsylvania.

Charges are pending against Dimas Colon-Cruz and Denis Cruz. 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 Dunkirk Police Department, under the direction of Chief David Ortolano, the Erie, Pennsylvania Police Department, under the direction of Chief Randy Bowers, the New York State Police, under the direction of Major Steven Nigrelli, and 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 Horace Garfield Tajah, 35, of Kingston, Jamaica, who was convicted of reentering the United States after a conviction for an aggravated felony, was sentenced to time served (four years) by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque who handled the case, stated that on January 23, 2013, the defendant attempted to enter the United States from Canada at the Peace Bridge port of entry. Tajah was in possession of a valid United States passport belonging to another individual and claimed to be an American citizen. Standard database checks revealed that the defendant was an aggravated felon following a 2010 conviction in the Southern District of New York on multiple offenses including drug, gun, and conspiracy to commit murder charges. After serving a 72 month prison sentence, Tajah, in 2012, was deported to Jamaica and banned from the United States for life.

The sentencing is the result of an investigation by U.S. 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 a federal jury found Justin Vazquez, 30, of Buffalo, NY, guilty of damaging government property. The charge carries a maximum penalty of one year in prison.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on October 20, 2016, during a status conference prior to trial on a firearm’s charge, Vazquez carved a vulgar obscenity into a wooden table in the courtroom of Chief U.S. District Judge Joseph P. Geraci.  

In May of 2017, defendant was convicted of the firearm charge and sentenced to 72 months in prison.
 
The verdict is the result of an investigation by the U.S. Marshal’s Service, under the direction of Marshal Charles Salina.

Sentencing is scheduled for September 14, 2017, at 11:00 a.m. before Judge Geraci who presided over the trial. 

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 Sharon Thompson, 25, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine within 1000 feet of a public housing property, and conspiracy to retaliate against an informant, before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 40 years in prison and a $2,000,000 fine.  

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on May 7, 2014, the defendant sold crack cocaine to a confidential informant working with the Lackawanna Police Department. The purchase occurred within 1000 feet of the Gates Housing Projects in Lackawanna. On October 11, 2014, Thompson and another individual assaulted another individual who they believed was cooperating with law enforcement officers. In addition, they stole case and a cell phone from the victim while the victim was unconscious.   
 
Thompson is one of 18 defendants arrested in a large scale drug trafficking operation that operated in and near the Gates Housing Project. To date, eight defendants 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.
 
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.

Sentencing is scheduled for September 20, 2017, at 9:00 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 announced today that Mark Gonzalez, 22, and Michael Perez, 21, both of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and distribution of heroin before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $5,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between September 2014 and September 28, 2015, the defendants conspired with Hector Carattini and others to distribute heroin on the West Side of Buffalo. The investigation utilized court ordered wiretaps as well as undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.

The 10 defendants charged in this case were street-level distributors or “runners” in a heroin trafficking ring 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 this case. Gonzalez and Perez are the fourth and fifth 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.   

Gonzalez is scheduled to be sentencing on September 8, 2017, at 1:30 p.m., Perez on September 11, 2017 at 12:30 p.m., both 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 a federal grand jury has returned an indictment charging Shawn Woods, 25, of Buffalo, NY, with possession with intent to distribute fentanyl, butyryl fentanyl, furanyl fentanuyl, and heroin; maintaining a drug involved premises; and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the indictment, on February 1, 2017, the defendant possessed large quantities of fentanyl, butyryl fentanyl, furanyl fentanuyl, and heroin, which were intended for distribution in the Buffalo area.

Woods was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained. 

The indictment is the result of an investigation by the Federal Bureau of investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; and Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Gary Drago, 56, of Amherst, NY, was arrested and charged by criminal complaint with intimidation of a witness, and making a threatening communication to extort money. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, on May 15, 2017, the FBI received a complaint from an individual (Victim 1) that the defendant was engaged in extortion with death threats against her and her husband (Victim 2). During an interview in the morning on May 19, 2017, the victims told special agents that Drago has been extorting Victim 2, a physician, and his medical practice for approximately four years. The complaint states that the defendant initially asked for smaller amounts of money in the form of loans, which he never repaid. Eventually, Victim 2 claims that Drago forcibly coerced him to enter into a business relationship and since that time, the defendant has consistently abused and threatened Victim 2 and his family. The alleged abuse included Drago forcing Victim 2 to withdrawal large sums of money.

On the afternoon of May 19, 2017, the defendant went to a medical office on Wehrle Drive in Williamsville, NY, where Victim 2 is employed. After talking with an employee in the parking lot, that employee went inside and ordered all patients in the building into the reception area, and all employees into the front office area. Drago then went inside and walked out with Victim 2 with his hand on Victim 2's neck. The complaint states that the defendant told patients that Victim 2 was done seeing patients for the day. As the two walked outside, Drago told Victim 2 to get in the car. 

In the evening of May 19, 2017, Victim 1 called the FBI and stated that she received a call from her husband who said he would not be coming home that night, and was being threatened by Drago. A special agent contacted Victim 2 by phone who stated, "everything is fine" and that what he and his wife previously told the FBI was "all a bunch of lies." Victim 2 terminated the call abruptly.

At approximately 9:05 p.m. that evening, law enforcement officers stopped Victim 2 and Drago’s vehicles, who at the time were traveling in separate vehicles. Victim 2 stated, "I was in fear of my life and my family's life and I did exactly what he told me to do.” The defendant was arrested the following day on May 20, 2017.

Drago made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The complaint is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Lancaster Police Department, under the direction of Chief Herald Gill; the Amherst Police Department, under the direction of Chief John Askey; the New York State Police, under the direction of Major Steven Nigrelli; the Erie County Sheriff’s Office, under the direction of Timothy Howard; and the Erie County District Attorney’s Office, under the direction of John Flynn. 

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 Elizabeth J. Schreiber, 37, of Scio, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and distribute, a mixture and substance containing methamphetamine, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Brendan T. Cullinane, who handling the case, stated that between January of 2011 and late 2014, the defendant conspired to manufacture and distribute methamphetamine. Schreiber, in an effort to avoid restrictions on purchasing significant quantities of products containing pseudoephedrine—an integral ingredient in the methamphetamine manufacturing process, purchased only small quantities of such products at local pharmacies.  The practice is referred to as “smurfing.”

A total of 12 people have been arrested as part of this conspiracy, Schreiber is the 10th defendant to be convicted.

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

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 Sterling Jones, 23, of Lockport, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 10 years in prison and $250,000 fine.

Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that according to the complaint, in March 2017, the FBI’s CyberTipLine received a report about an account on DropBox, Inc. that belonged to the defendant. On April 7, 2017, a federal search warrant was executed at the defendant’s residence at 153 Grand Street, Apartment 2, in Lockport. During the search, officers seized Jones’ cellular telephone. Following a forensic analysis of the phone, investigators discovered a second DropBox account, which contained approximately 295 videos and 11 images of child pornography. Some of the images depicted prepubescent children.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and is being held in custody.

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

The 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 Steven Choi, 42, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to time served and 15 years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that the FBI’s Child Exploitation Task Force identified the defendant accessing child pornography online. A forensic examination of that computer recovered sexually explicit photographs of prepubescent girls. Choi is no longer an English teacher with the Holley Central School District.

The sentencing is the culmination of an investigation by Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, and the Greece Police Department.

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 Alan Ceccarelli, 32, of Buffalo, NY, who was convicted of conspiracy to commit wire fraud and aggravated identity theft, was sentenced to 78 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that between January 2013 and January 2016, Ceccarelli, the owner and manager of a debt collection business, engaged in a scheme to defraud debtors and purported debtors by false and fraudulent pretenses. The defendant tricked and coerced victims throughout the United States into paying debts that they owed or debts that they did not owe through a variety of false statements and threats. Ceccarelli hired a number of debt collectors as part of the scheme which resulted in his company collecting more than $1,022,000 from thousands of victims across the United States. In order to further the scheme, the defendant used a variety of aliases and identities of others.

Acting U.S. Attorney James P. Kennedy, Jr. stated, “With the significant sentence imposed by the court, Ceccarelli finally received the one payback he actually earned as a result of his fraudulent, ruthless, and predatory collection practices.”

"Financial scams like the one perpetrated by Ceccarelli have devastating long-term effects on the victims, many of whom were already under financial hardship,” said Special Agent in Charge of HSI Buffalo James C. Spero. “HSI will continue to aggressively investigate and bring to justice the criminal enterprises who perpetrate these scams that prey on vulnerable people.”

The sentencing is the result of an investigation by U.S. Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.