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 Kevin Szura, 21, of Queens, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, controlled substances and money laundering conspiracy, was sentenced to 34 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Szura conspired with co-defendant Zhe Wang to sell mollies and Xanax. The defendant also conspired with Wang to use the proceeds of their Xanax sales to buy and attempt to buy approximately $74,000 in bitcoins, and then use the bitcoins to buy more drugs for distribution. In March 2016, law enforcement agents intercepted two packages mailed from Canada and addressed to another co-defendant, Adam Brzozowski, in Amherst that each contained nearly 3,000 Xanax bars. While Szura was awaiting sentencing, officers discovered that he was continuing to conspire with others to sell these drugs. All three defendants, who were UB students during the pendency of the conspiracies, have now been convicted and sentenced.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly, and the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that, following a five day trial, a federal jury has convicted Wilbert Hayes, Jr., 53, of Niagara Falls, NY, of being a felon in possession of a firearm.

Assistant U.S. Attorneys Patricia Astorga and Joseph M. Tripi, who handled the prosecution of the case, stated that on August 15, 2014, Niagara Falls Police officers executed a search warrant at 1318 Walnut Avenue in the upper apartment. During the search, officers recovered a shotgun belonging to Hayes who was in the apartment at the time of the search. The gun was discovered in a child’s bedroom. A quantity of marijuana and packaging materials was also found during the search in a fish tank in the dining room.   

The defendant has three prior state felony convictions, which prohibit him from legally possessing a firearm.

The verdict is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.

Sentencing is scheduled for August 18, 2017, at 1:00 p.m. before U.S. District Judge Richard J. Arcara 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 G. Steven Pigeon, 56, of Buffalo, NY, was charged by complaint with unlawfully soliciting a campaign contribution from a foreign national and conspiracy to commit such an offense. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Paul E. Bonanno, who is working on the case, together with attorneys from the United States Department of Justice’s Public Integrity Section, stated that between 2010 and 2015, Pigeon was working, among other things, as a political consultant and lobbyist and ran various companies that were engaged in such consulting and lobbying activities. One of Pigeon’s clients was an online gaming company based in Montreal, Canada that was founded and operated by a Canadian national. Between 2010 and 2015, that Canadian company paid approximately $388,000 to Pigeon and his companies, for among other things, lobbying efforts aimed at the legalization of internet gambling.

According to the complaint, between January 31, 2014, and February 25, 2014, the defendant orchestrated a $25,000 donation from the founder and CEO of the Canadian online gambling company to the reelection campaign of a public official. After the donation was twice rejected, the campaign contribution was ultimately funneled through an individual from Florida.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and was released on bond.  

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the New York State Attorney General’s office, under the direction of Eric T. Schneiderman.

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 Michael Early, 32, of Buffalo, NY, pleaded guilty to possession with intent to distribute cocaine before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

Sentencing is scheduled for August 23, 2017, at 2:00 p.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 Demario Robbins, 26, of Buffalo, NY, who was convicted of conspiracy to distribute cocaine, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that as an associate of the Schuele Boys Gang, the defendant purchased cocaine from another gang member which he then repackaged into smaller amounts for re-sale in the Buffalo area.

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

Robbins is one of 28 Schuele Boys Gang members, associates, and other individuals arrested in this case. To date, 19 of the 28 charged 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 a federal grand jury has returned a 48-count indictment charging Sergiy Bezrukov, 33, of Salamanca, NY, with conspiracy to defraud, mail fraud, wire fraud, bank fraud, and money laundering. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Trini Ross, who is handling the case, stated that according to the indictment, the defendant operate fraudulent debt restructuring businesses out of two offices that he opened in the Western New York area. 

Bezrukov sent solicitation letters under various false and fictitious names, offering to assist small businesses with restructuring high interest loans. After the small businesses agreed to work with the defendant and his company, Bezrukov withdrew sums of money from the accounts of the small businesses and used those funds for purposes not associated with assisting the small businesses. When the small business owners attempted to contact the defendant or others at the fraudulent company, they would get no response.  Bezrukov used the fraudulent debt restricting business to defraud approximately 200 victims out of $1,200,000 dollars.

The defendant is being held pending arraignment on May 9, 2017, at 11:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

The indictment is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.

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

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

Buffalo, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Corey Buddle, 25, of Brooklyn, NY, who was convicted of conspiracy to commit mail and wire fraud, was sentenced to 60 months by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that the defendant, along with co-conspirators from Jamaica, defrauded elderly individuals residing in the United States by leading the victims to believe they won cash prizes of more than $1,000,000 and, in at least one case, a Mercedes Benz automobile. The victims were told they must pay “taxes” and other administrative expenses in order to collect their “prizes.”
 
One victim, an elderly man from the Rochester, NY area, was told numerous times in phone calls to send packages of cash to the defendant’s address in Brooklyn, NY. As a result, between May 20 and July 18, 2011, he sent a total of $130,000 in 16 packages via UPS and the U.S. Mail to Buddle. 

Another victim, an elderly resident of Missouri, was directed to deposit money into Buddle’s accounts at Bank of America. As a result, she made 26 deposits adding up to approximately $140,000 into Buddle’s accounts from July 11, 2012, through April 4, 2013.  After April 4, 2013, the victim from Missouri was directed to send cash to the defendant’s residence, which she did by sending more than $50,000 in 10 different packages sent via UPS and Federal Express. Some of the money deposited into Buddle’s Bank of America accounts was withdrawn in Jamaica. 
A third elderly victim, who lives in Florida, lost $37,000 by wiring the money into Buddle’s bank accounts in nine separate transfers between August 2, 2012, and April 4, 2013. This victim received a letter in April 2012 purporting to be from the FBI and the Department of Homeland Security, telling him he was $25,000 in arrears on his taxes. None of the victims received anything as a result of their “winnings.”

Buddle victimized a total of eleven (11) individuals out of approximately $428,000.

Co-defendant and Corey Buddle’s father, Horace, was also convicted and sentenced to one-year home incarceration for his role in the fraud scheme.  

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

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today Julio Sanchez, 30, of Buffalo, NY, who was convicted of possession 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 on February 26, 2014, law enforcement officers executed a search warrant at a residence on West Delavan Avenue. During the search, officers recovered more than 100 grams of heroin, drug packaging paraphernalia, and $4,000 in cash. Sanchez and co-defendants Tomas Figueroa and Elias Figueroa were arrested at the scene. Two other defendants, Steven Martinez and Jeffrey Coleman, were also arrested that day. All five defendants have been convicted; Sanchez is the first to be sentenced. 

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Manuel Salazar Estrada, 38, of Nogales, Mexico, who was convicted of illegally reentering the United States after a conviction for an aggravated felony, was sentenced to one year in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that on December 7, 2016, the defendant was encountered at the Peace Bridge Port of Entry after getting lost and turning around on the bridge before reaching Canada. When initially questioned, the defendant claimed to be a citizen of the United States, born in Arizona and gave officials an Arizona voter card as additional proof of identification. Standard record checks revealed that Estrada is a citizen of Mexico and had been deported from the United States on five prior occasions. The most recent deportation occurred in 2015 after the defendant was convicted in Arizona of conspiracy to transport illegal aliens for profit, an aggravated felony, and banned from entering the United States for life. 

Estrada was also sentenced to six months in prison for violating the conditions of his supervised release for reentering the United States.

The sentencing is the result of an investigation by United States 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 Oscar Romero, 37, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of cocaine, was sentenced to 151 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. Charges are pending against Josbel Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencing is the 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 Lawrence Hong, 21, of Canada, pleaded guilty to possession of a firearm by an unlawful user of a controlled substance, before U.S. District Judge Richard J. Arcara. The charge carries a penalty of up to 10 years in prison and a fine of up to $250,000.

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

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

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

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

Sentencing is scheduled for August 11, 2017, at 12:30 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 Damian Hicks-Bailey, 22, of Buffalo, NY, pleaded guilty to possession 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 Michael P. Felicetta, who is handling the case, stated that on July 1, 2015, the West Seneca, NY, Police Department responded to a 911 call from a woman screaming that her son was dead. Police officers responded and found an individual dead inside an apartment at 4175 Seneca Street. Officers recovered an uncapped hypodermic needle (next to the victim), a spoon with a dried white cotton ball/filter (next to the victim), and an empty plastic bag. The spoon and cotton ball later tested positive for heroin and the empty plastic bag contained the defendant’s DNA. The victim’s mother, who lived with her son, told officers she last spoke with her son the night before at approximately 9:30 p.m.

Officers subsequently reviewed a string of text messages on the victim’s cell phone during which he discussed purchasing drugs from an individual. The text messages led police to a 7-11 store on Seneca Street where surveillance images captured the defendant exchanging the drugs with the victim at around 1:30 a.m. on the day of his death.

The plea is the result of investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the West Seneca Police Department, under the direction of Chief Daniel Denz.

Sentencing is scheduled for August 12, 2017, at 12:30 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 David Barraclough, 32, of Tonawanda, NY, who was convicted of possession of child pornography, was sentenced to 240 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handling the case, stated that on November 12, 2014, the defendant was charged with endangering the welfare of a child in violation of New York State law. While in custody related on that arrest, two individuals began cleaning out Barraclough’s apartment so that it could be rented to another tenant. The two individuals discovered a thumb drive above a door jamb in the defendant’s bedroom and contacted the Tonawanda Police Department. Officers took possession of the thumb drive along with an Android tablet belonging to Barraclough. A forensic analysis uncovered 238 images and five videos containing child pornography.

The Android tablet also contained multiple sexual conversations that occurred via “Kik” and “ooVoo” applications between the defendant, using the screen name “lordxavior,” and a young girl (the Minor Victim). The Minor Victim was 14-years old at the time Barraclough communicated with her. During the conversations, the defendant described performing oral sex and having intercourse with the Minor Victim and sent the Minor Victim a sexual photograph. The Minor Victim also sent pictures and videos of herself to the defendant. 
On March 4, 2010, the defendant was convicted in NYS Supreme Court of possessing a sexual performance by a child and endangering the welfare of a child and sentenced to time served and 10 years probation.

On December 1, 2010, the defendant was convicted in NYS Supreme Court for failing to register as a sex offender and sexual misconduct. Barraclough was sentenced to 12 months in jail.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; and the  City of Tonawanda Police Department, under the direction of Chief William Strassburg.

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 three count indictment charging Matthew S. Jones, 30, and Beau K.C. Jones, 32, both of Jamestown, NY, with narcotics conspiracy, possession with intent to distribute more than 50 grams of methamphetamine, and maintaining a drug-involved premises. The charges carry a minimum penalty of 10 years in prison and a fine of $10,000,000.

Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that according to the indictment, the defendants, who are brothers, were arrested on December 1, 2016, after a shipment of more than 360 grams of methamphetamine was delivered, via the U.S. mail, to Beau K.C. Jones’ residence at 70 Colfax in Jamestown. Shortly after the delivery, Beau K.C. Jones was arrested during a car stop by police and the parcel containing the methamphetamine was discovered in the backseat of his vehicle. Matthew S. Jones was arrested later that day during a separate car stop. A safe was found in the trunk of his car containing an additional quantity of approximately 80 grams of methamphetamine.

The defendants were arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and are being held without bail.

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

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

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

BUFFALO, NY – The Drug Enforcement Administration holds its 13th National Prescription Drug Take Back Day tomorrow, Saturday April 29, 2017 between 10 a.m. and 2 p.m. The public can dispose of their unused, unwanted prescription medications at one of more than 5,000 collection sites nationwide, operated by 3,800 local law enforcement agencies and other community partners. The service is free of charge, no questions asked.

America is experiencing an epidemic of addiction, overdose, and death due to abuse of prescription drugs, particularly opioid painkillers. 6.4 million Americans age 12 and over—2.4 percent of the population—abuse prescription drugs, according to the 2015 National Survey on Drug Use and Health released last fall, more than abuse cocaine, heroin, hallucinogens, and methamphetamine combined. Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms.  The majority of prescription drug abusers report that they obtain their drugs from friends and family, including from the home medicine cabinet.

Last October, Americans turned in 366 tons (over 730,000 pounds) of prescription drugs at sites operated by the DEA and more than 4,000 of its state and local law enforcement partners. Overall, in its 12 previous Take Back events, the DEA and its partners have taken in over 7.1 million pounds—more than 3,500 tons—of pills. 
 
Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted. For a list of local drop off sites, go to DEA.gov.

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 the United States Court of Appeals for the Second Circuit has affirmed the convictions and sentences of Kevin Lamont Anderson, a/k/a Cuda, and Willie Grimes, a/k/a Chill.

On October 26, 2009, following a six-week trial before U.S. District Judge Charles J. Siragusa, a federal jury convicted defendant Anderson of conspiracy to distribute, and possession with intent to distribute crack cocaine, maintaining a drug involved premises, and money laundering conspiracy.

From 1990 to December 2005, defendant Anderson led a conspiracy to distribute crack and powder cocaine. Evidence presented by the Government during the trial showed that during the time of the conspiracy, drugs were sold to customers from a series of houses in the northeast section of Rochester controlled by Anderson.

As part of sentencing proceedings, the Government proved that Anderson was responsible for the double homicide in May 2002 of Clifford Robinson and Allen Tyrone Smith in Rochester. Anderson shot Robinson and Smith in a house located at 279 Avenue A in Rochester in furtherance of his drug distribution activity. With the help of several of co-conspirators, Anderson placed the victims' bodies in Clifford Robinson's vehicle and left the vehicle on Cutler Street in Rochester. Police found the bodies in the parked vehicle on Cutler Street on May 15, 2002, two days after the murders.

Anderson was sentenced to life in prison. Defendant Grimes was convicted of possession with intent to distribute, and conspiracy to distribute, crack cocaine and cocaine and sentenced to 135 months in prison.  

On appeal, defendants argued that their convictions should be reversed based upon juror misconduct, insufficient evidence, and false testimony. They further argued that their sentences should be vacated as unreasonable. In rejecting each of defendants’ claims, the Judges of the Second Circuit concluded: “We have considered all of the defendants’ arguments on this appeal and find in them no basis for reversal. Accordingly, we AFFIRM the judgments of the district court.” A special jury verdict, determining that Anderson’s assets were subject to forfeiture in the amount of $1,000,000, was also affirmed.   

Seven other defendants were also convicted in this case.

On appeal, the government was represented by Assistant U.S. Attorney Frank T. Pimentel. The trial was handled by Assistant U.S. Attorneys Frank H. Sherman and Everardo A. Rodriguez.

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 Yusef Blocker, 35, of Rochester, NY, pleaded guilty to possession with intent to distribute crack cocaine, before U.S. District Judge Charles J. Siragusa.  The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.

Assistant U.S. Attorneys Richard A. Resnick and Charles E. Moynihan, who are handling the case, said that on March 21, 2016, members of the United States Probation and Pre-Trial Services Office searched an apartment at 505 University Avenue in Rochester as part of their responsibilities while supervising Blocker. The defendant was convicted in 2005 of drug trafficking offenses in the Western District of New York. During the search, probation officers found drug paraphernalia, U.S. currency, and a quantity of crack cocaine.  

The plea is the result of an investigation by the United States Probation and Pre-Trial Services Office, under the direction of Chief Probation Officer Anthony SanGiacomo; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.

Sentencing is scheduled for August 8, 2017, at 10:15 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 Richard Petix, 32, of Rochester, NY, pleaded guilty to making material false statements and operating an unlicensed money transmitting business, before U.S. District Judge Charles J. Siragusa. The charges carry a maximum penalty of five years in prison.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Petix lied to federal probation officers and law enforcement agents about his ownership and use of a laptop computer and a smartphone. The defendant is on a term of supervised release following a 2009 conviction for knowingly transporting child pornography in interstate commerce. As a condition of that supervision, Petix was required to notify his probation officer of any computers he used and, as triggered by impermissible or suspicious activity, consent to examinations of such computers. As of October 20, 2015, the defendant told his probation officer that he did not use any computers or the Internet.

On December 3, 2015, Petix conducted a Bitcoin transaction with an undercover federal agent at a business in Buffalo, NY. Using his laptop computer and smartphone, the defendant transferred approximately $13,000 in the form of 37 bitcoins to an address specified by the agent. When confronted by federal probation officers at the scene, however, Petix claimed that the laptop and smartphone were not his and that he could not access them.

Between August, 2014, and December 3, 2015, Petix conducted over 100 Bitcoin transactions wherein he transferred over $200,000 in bitcoins to customers both locally and across the United States. At least some of these customers then used the bitcoins to purchase controlled substances from dark net vendors. At no time during this period did Petix comply with federal money transmitting business registration requirements.

Petix was scheduled to go to trial on May 1, 2017.

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.

Sentencing is scheduled August 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 Richard Petix, 32, of Rochester, NY, pleaded guilty to making material false statements and operating an unlicensed money transmitting business, before U.S. District Judge Charles J. Siragusa.  The charges carry a maximum penalty of five years in prison.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Petix lied to federal probation officers and law enforcement agents about his ownership and use of a laptop computer and a smartphone. The defendant is on a term of supervised release following a 2009 conviction for knowingly transporting child pornography in interstate commerce. As a condition of that supervision, Petix was required to notify his probation officer of any computers he used and, as triggered by impermissible or suspicious activity, consent to examinations of such computers. As of October 20, 2015, the defendant told his probation officer that he did not use any computers or the Internet.

On December 3, 2015, Petix conducted a Bitcoin transaction with an undercover federal agent at a business in Buffalo, NY. Using his laptop computer and smartphone, the defendant transferred approximately $13,000 in the form of 37 bitcoins to an address specified by the agent. When confronted by federal probation officers at the scene, however, Petix claimed that the laptop and smartphone were not his and that he could not access them.

Between August, 2014, and December 3, 2015, Petix conducted over 100 Bitcoin transactions wherein he transferred over $200,000 in bitcoins to customers both locally and across the United States. At least some of these customers then used the bitcoins to purchase controlled substances from dark net vendors. At no time during this period did Petix comply with federal money transmitting business registration requirements.

Petix was scheduled to go to trial on May 1, 2017.

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.

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

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Cortney Vogt, 37, of Ontario, NY, pleaded guilty to bank fraud before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that from September, 2013 to September, 2015, Vogt used her position at SalesSource International, a Rochester business, to forge and personally negotiate 132 business checks. The checks were drawn on an account at Canandaigua National Bank. In total, the defendant defrauded SalesSource and Canandaigua National Bank out of more than $134,000.

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

Sentencing is scheduled for August 8, 2017, at 9:00 a.m., before Judge Siragusa.

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

ROCHESTER, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Juan Ramon Montoya-Martinez, 35, of El Salvador, who was convicted of unlawful reentry following deportation for an aggravated felony, was sentenced to seven months in prison by U.S. District Court Judge Charles J. Siragusa. The Court also ordered that the defendant be turned over to the Department of Homeland Security upon his release to be deported back to El Salvador.

Assistant U.S. Attorney Craig R. Gestring who handled the prosecution of the case, stated that in September 2016, the United States Border Patrol encountered the defendant, a native and citizen of El Salvador illegally present in the United States, in Spencerport, NY. Records checks showed that the defendant was previously deported from the United States in 2003, following his conviction for Aggravated Sexual Abuse related to his rape of a 13 year-old child in Maryland.

The sentencing is the result of an investigation by the United States Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.

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

BUFFALO, N.Y. — Acting U.S. Attorney James P. Kenned, Jr. announced today that Michael Robertson, 27, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June 2013 and July 2014, Robertson conspired with other Schuele Boys associates and gang members to distribute cocaine in the City of Buffalo. The defendant obtained cocaine from a source of supply and distributed it to others for further distribution to customers. During a search of Robertson’s Eggert Road residence, officers recovered $19,000 in cash and 300 grams of cocaine.

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

Robertson is one of 28 Schuele Boys Gang members, associates, and other individuals arrested in this case. To date, 23 of the 28 defendants have been convicted.

Today’s plea 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.

Sentencing is scheduled for August 7, 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 Marinela Unguru-Ducila, of Romania, who was sentenced to time served by U.S. District Judge Richard J. Arcara.  For her role in a bank fraud scheme operated by her husband Nicolae Sarbu.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between August and November of 2015, Unguru-Ducila had knowledge but failed to report that Sarbu was engaged in a scheme to defraud Bank of America by using skimming devices and cameras on multiple occasions at automated teller machines (ATM’s) in the Buffalo and Rochester areas as well as in Pennsylvania and New Jersey.  Sarbu, who has  pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft, faces a mandatory minimum term of imprisonment of 2 years and up to 20 years when he sentenced by Judge Arcara on May 17, 2017.

Unguru-Ducila was present with Nicolae Sarbu on several occasions when he installed or removed the skimmers and cameras. Bank account information and personal identification numbers (PIN’s) were recorded without the true account holder’s knowledge or authorization and then used to make unauthorized withdrawals of cash from various ATM’s. A skimmer is a device used unlawfully to record bank account information from a customer’s debit card when the card is inserted into an ATM. Sarbu also encoded the bank account information obtained by the skimmers onto magnetic strips on blank plastic cards and gift cards. Unguru-Ducila was present with Sarbu when he installed skimmers at multiple banks in North Tonawanda, NY and West Seneca, NY and failed to notify authorities about this felony crime.  

The total loss suffered by Bank of America as a result of this fraudulent activity was $183,120.54. 

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

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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ian D. Goolsby, 40, of Rochester, NY, who was convicted after a jury trial of possession of heroin with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm and ammunition as a previously convicted felon; possession of a firearm with removed, altered and obliterated serial number; and unlawful possession of a controlled substance, was sentenced to 25 years in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Charles E. Moynihan and Craig R. Gestring, who handled the prosecution of the case, stated that on March 11, 2015, an Elmira Police Department officer conducted a traffic stop of the vehicle Goolsby was driving. When speaking to the defendant, the officer smelled marijuana coming from the car and asked Goolsby about the odor. The defendant said that it was on his clothes and that he smoked it earlier. The officer asked Goolsby to exit the vehicle and, after some discussion, he complied. A passenger was also asked to exit the vehicle. Officers searched the car and found a small amount of plant material, which was later determined to be marijuana, between the passenger seat and passenger door, as well as on the driver’s side of the car. A brown Nike shoe box was also found on the passenger side floor, inside of which was a Ruger, Model P90, .45 caliber semi-automatic pistol. The serial number had been removed or obliterated. Officers also found a magazine loaded with six .45 caliber rounds of ammunition with the handgun.
 
A further search of the vehicle uncovered a black insulated bag containing white, uncooked rice. Inside of this, they found 41 small wax-coated envelopes containing a white powdery substance with a stamp saying "dead man walking." A forensic chemist from the New York State Police Southern Tier Satellite Crime Laboratory examined one of the envelopes and concluded the white substance inside was heroin. 

The sentencing is the result of an investigation by Elmira Police Department, under the direction of Chief Joseph Kane; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

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

ROCHESTER, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Darnell Jerome, 20, of Rochester, NY, who was found guilty following a jury trial of making a false statement, was sentenced to three years probation by U.S. District Court Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Craig R. Gestring and Kyle P. Rossi, who handled the prosecution of the case, stated that the defendant applied for employment at a restaurant at the Greater Rochester International Airport. The restaurant was located in the sterile area of the airport, beyond the security screening zone. Because they have access to knives and other contraband items to which screened passengers do not, employees of the airport or contractors who work in the restaurants or stores inside the sterile area are required to obtain a special federal Security Identification Display Area (SIDA) badge and pass a federal background investigation, which includes a security threat assessment.

In March 2016, Jerome filled out a security clearance application and falsely reported that he had never been arrested. However, only a month before he falsified the SIDA clearance application form, Jerome was convicted of a felony, Robbery in the Second Degree, in Monroe County for which he was sentenced to five years probation. During that robbery, the defendant displayed what appeared to be a firearm.

Federal regulations put in place by the Department of Homeland Security since September 11, 2001, prohibit persons with certain disqualifying felony criminal convictions from obtaining a clearance to work at an airport. The defendant’s 2016 Robbery conviction, which is considered a crime of violence, was such a disqualifying offense. The security clearance application completed by the defendant clearly listed the specific disqualifying conditions on its face.  
  
The sentencing is the culmination of an investigation by the Federal Air Marshal Service, under the direction of Supervisory Air Marshal-in-Charge William Hall.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced that Kassandra Whylly, 21, and Thomas Porter, Jr., 20, both of Rochester, NY, pleaded guilty to financial institution fraud before U.S. District Judge Elizabeth A. Wolford.  The charges carry a maximum sentence 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that between April 2016 and November 2016, the defendants executed an ongoing scheme to defraud the ESL Federal Credit Union by making false deposits into ATM machines and fraudulently withdrawing cash based upon the false deposits. Over the course of several months, Whylly and Porter actively recruited ESL members to participate in more than 100 separate fraudulent transactions, through which the defendants stole a combined sum of more than $35,000. 

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. 

Whylly is scheduled to be sentenced on August 2, 2017, before Judge Wolford. Porter will be sentenced on August 3, 2017.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that David Hill, 39, of Rochester, NY, who was convicted of illegal reentry after having been previously deported due to a conviction for an aggravated felony, was sentenced to 18 months in prison by U.S. District Judge Charles Siragusa. 

Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that the defendant, who is a citizen of Jamaica, was convicted of Robbery in state court in 2006. After serving a 42-month sentence, Hill was deported to Jamaica and prohibited from reentering due to his conviction. On August 16, 2016, the defendant was found in the Western District of New York, having unlawfully reentered the United States. Hill was found after an investigation revealed that the defendant had attempted to obtain false identification documents at the New York State Department of Vehicles using an alias. 

The sentencing is the result of an investigation by the United States Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; the New York State Police, under the direction of Major Richard Allen; and the New York State Department of Motor Vehicles, under the direction of Executive Deputy Commissioner Theresa Egan.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy announced today that Kristie Boncore, 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 $250,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between April 2014 and September 28, 2015, the defendant 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. Boncore is the first to be convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.   

Sentencing is scheduled for August 7, 2017, at 12:30 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 Irvin Bates, 64, of Buffalo, NY, who was convicted of theft of government funds, was sentenced to two years probation and ordered to pay $3760.00 in restitution by U.S. District Judge Richard J. Arcara. 

Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant worked as a temporary employee at Ashton Potter printing company located in Williamsville, NY. The company is contracted by the U.S. Postal Service (USPS) to print and manufacture postage stamps and related specialty products. On July 22, 2016, during his "lunch break," Bates stole a pad of stamps from Ashton Potter, concealed the pad of stamps in his clothes, and removed it from the facility at the conclusion of his shift. In total, the stamps stolen by the defendant were valued at $3760.00.

The sentencing is the result of an investigation by the United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Casidus Carr, 31, of Buffalo, NY, who was convicted of being a felon-in-possession of a gun, was sentenced to 30 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that during the January 16, 2015, execution of a search warrant at Carr’s residence on Dunlop Avenue in Buffalo, law enforcement officers discovered a loaded firearm and ammunition. The defendant was prohibited from legally possessing such firearm by virtue of his conviction, in 2005, for Manslaughter in the First Degree, in New York State Court.     

The sentencing is the result of an investigation on the part of law enforcement officers of the Federal Bureau of Investigation Safe Street Task Force, under the direction of Special Agent in Charge Adam S. Cohen, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.

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 four defendants were arrested and charged by criminal complaint with operating a methamphetamine conspiracy in Livingston County, NY. Kurt Redance, 26, Kenneth Hoag, 55, both of Dansville, NY; Brandie Schumacher, 37, of Rose, NY; and Andrew Culliton, 37, of West Seneca, NY, were charged with possession with intent to distribute and distribution of methamphetamine and conspiracy to possess and distribute methamphetamine. The charges carry a minimum penalty of 10 years in prison, a maximum of life and $10,000,000 fine. In addition, defendants Redance and Hoag were charged with maintaining a drug involved premises. Redance also faces a charge of possession with intent to distribute and distribution of methamphetamine on a premises where a child was located.  

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, each of the defendants sold methamphetamine to a confidential source. The sales were made at The Bone Yard, a scrap yard and mechanic workshop on  State Highway 36 , in Dansville, which is owned by defendant Hoag; at the Spring Road South residence of defendant Redance, also in Dansville; and at a parking lot in West Seneca. Redance’s three-year-old child was present during at least one of the controlled purchases at his residence.   

The defendants made initial appearances before U.S. Magistrate Judge Marian W. Payson. Redance, Schumacher, and Culliton are being held; Hoag was released to home detention with electronic monitoring.    

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; the Livingston County Sheriff’s Department, under the direction of Sheriff Thomas Dougherty; and the New York State Police, under the direction of Major Richard Allen.  

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Abdoulaye Barry, 25, of Jamaica, NY, pleaded guilty to possessing a fraudulent passport card and aggravated identity theft before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of two years in prison, a maximum of 10 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, stated that on February 26, 2017, the defendant, a citizen of Guinea, was found at the Rainbow Bridge with a fraudulent United States Passport card, bearing the name and passport card number of a real person with the defendant’s photograph. Barry also had a fraudulent Ohio driver’s license bearing the name of a real person with the defendant’s photograph, and a Florida driver’s license bearing the name and photograph of another person. The defendant was also in possession of a debit and credit card matching the name on the fraudulent Ohio driver’s license.

The plea is the result of an investigation by the United States Department of State, under the direction of William Ferrari; Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.

Sentencing is scheduled for August 3, 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 Ali Mohamed, 44, of Buffalo NY, who was convicted of unauthorized use of food stamp benefits, was sentenced to time served by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the defendant worked at Bailey Food Mart located at 3209 Bailey Avenue in Buffalo.  Between July 2010 and August 2011, Alawdi and others knowingly purchased food stamp benefits for less than their full value for cash from eligible beneficiaries. Retailers are prohibited from exchanging cash for food stamps.  During this time, the defendant and others exchanged approximately $124,406 of food stamp benefits for cash.

The sentencing is the culmination of an investigation by the United States Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in-Charge William G. Squires Jr.; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.

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 two-count indictment charging Jeffrey Mills, 48, of Buffalo, NY, with obstructing justice. The charge carries a maximum of life in prison.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, on February 14, 2016, the defendant was called as a witness for the Government in the trial of United States v. Eldridge, et al. Prior to his testimony, Mills provided federal agents with detailed information regarding two unsolved murders. The defendants in United States v. Eldridge, et al. were charged with those murders. When called by the prosecution at trial, Mills at first refused to be sworn.  After being advised by the Honorable Judge Richard Arcara, Senior U.S. District Judge, that he could face contempt proceedings if he refused to testify, Mills took the stand only to testify that he could not remember any details of the murders about which he previously provided detailed information. While convicting the defendants who were on trial of certain crimes, the jury was unable to reach a verdict on those counts pertaining to the murders.

Mills was arraigned before U.S. Magistrate Judge Michael J. Roemer, and is being held pending a detention hearing on April 25, 2017.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Adam S. Cohen; and the New York State Department of Parole, under the direction of Acting Commissioner Anthony J. Annucci.

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 LaTanya Notice, 42, of Mt. Vernon, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to the crime of making a false statement to a federal officer. The charge carries a maximum penalty of 5 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on January 23, 2013, the defendant, a Jamaican citizen with legal permanent resident status in the United States, attempted to cross into the United States from Canada at the Peace Bridge with a man in possession of a valid United States Passport.  The defendant claimed that her traveling companion was her brother and they were returning to their home in New York City.  Standard database checks revealed that the man was in fact Horace Tajah, an aggravated felon from Jamaica.  In 2010, Tajah was convicted in the Southern District of New York of multiple offenses including drug, gun, and conspiracy to commit murder charges. Tajah was sentenced to 72 months in prison, and after serving his sentence, he was deported to Jamaica in 2012 and banned from the United States for life.

Ms. Notice admitted to agents that Tajah was not her brother, but her husband, that he did not own the United States Passport he presented to officials, and that she was aware that he was deported to Jamaica in 2012 and barred from entering the United States for life.

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

Sentencing is scheduled for July 27, 2017, at 9:30 am 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, following a 17-day civil trial, Senior U.S. District Judge William M. Skretny dismissed a medical malpractice lawsuit seeking $25,000,000 in damages brought by plaintiffs Edward and Roxanne Blake against the Department of Veterans Affairs Medical Center (VA) in Buffalo. The plaintiffs claimed that the VA failed timely to diagnosis and treat cauda equina syndrome, a sudden compression of the nerves of the lower spine, which can result in severe neurological impairments. Assistant U.S. Attorneys Michael S. Cerrone and Mary E. Fleming handled the defense of the case at trial for the VA.

The plaintiffs claimed that physicians failed to diagnose Blake with cauda equina syndrome when he visited the VA on June 29 and 30, 2006. In his post-trial ruling, Judge Skretny stated that the “plaintiffs have failed to prove” their malpractice claims and found that Blake did not have cauda equina syndrome on those dates. Judge Skretny instead determined that Blake first presented with symptoms of cauda equina syndrome at the VA on the afternoon of July 1, 2006, and he underwent surgery within 24 hours. Judge Skretny concluded that the VA physicians’ treatment of Blake was “well within the standard of care for treating” cauda equina syndrome “in a timely manner.”

At trial, the plaintiffs presented testimony from nine expert witnesses, including seven medical doctors. The Government countered with the testimony of neurosurgeon Dr. Douglas Moreland. 

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Raymond VanBuskirk, 45, of Jamestown, NY, who was convicted of unlawfully possessing firearms and ammunition as a convicted felon, was sentenced to six 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 in May 2016, the defendant moved two rifles, one shotgun, and over one thousand rounds of .223 caliber ammunition from his home to another location for safekeeping. VanBuskirk retained a third rifle at his home, which was recovered by federal agents on June 29, 2016. The defendant has a prior New York State felony conviction for sale of a controlled substance and was prohibited from legally possessing of firearms and ammunition.

The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction Special Agent-in-Charge Ashan Benedict; the Federal Bureau of Investigation, under the direction of Special Agent-in- Charge Adam S. Cohen; and the Jamestown Police Department, under the direction of Chief Harry Snellings.

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 Acker, 34, of Cheektowaga, N.Y., who was convicted of possession of child pornography, was sentenced to 36 months in prison, followed by 10 years of supervised release, by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on September 1, 2016, 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 several electronic devices and DVDs. A forensic examination revealed that Acker was in possession of more than 34,000 images and 918 videos of child pornography, some of which depict prepubescent children less than 12 years of age, and some of which depict images of violence.

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

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 Karl Morrison, 59, of Kitchener, Ontario, pleaded guilty to attempting to export pentylone and furanyl fentanyl, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. Co-defendant Sorina Morrison, 60, also of Kitchener, pleaded guilty to misprision of a felony and faces three years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on August 29, 2016, American law enforcement officers intercepted a package that was mailed from China and addressed to Karl Morrison at a location in Niagara Falls, NY.  The package contained four sample-sized packets of powder, two of which were determined to contain 4-methoxy butyryl fentanyl and para-fluoro butyryl fentanyl. If intended for human consumption, these synthetic substances are analogues of the Schedule II controlled substance fentanyl.

On October 15, 2016, Morrison and his wife Sorina entered the United States from Canada at the Lewiston Bridge Port of Entry. The couple retrieved four packages, bought shipping supplies, and repackaged the contents into new envelopes that they paid to ship back to Canada, including one to their home address. Sorina Morrison falsely declared that the contents of one of the repackaged parcels contained cinnamon butter. Other than packaging materials, that parcel contained more than 500 grams of powder containing pentylone. Another of the repackaged parcels contained approximately 6 1/2 grams of powder containing furanyl fentanyl. All three repackaged parcels were intercepted by American law enforcement officials before shipment to Canada.

The couple discarded the Chinese shipping labels of the original packages in various garbage cans around Niagara County to cover their tracks. They also obtained the name and address of an unsuspecting citizen in Niagara Falls to use as the return address on the packages they shipped to Canada, to further disguise the origin of the illegal contents. The Morrison’s were arrested as they drove back across the Lewiston Bridge toward Canada.

Several days later, law enforcement officials recovered yet another Chinese parcel that had been delivered for Karl Morrison, which contained nearly 500 grams of powder containing pentylone.

Pentylone is a synthetic cathinone that is commonly used as a designer drug for its stimulant effect and is comparable to MDMA.  Furanyl fentanyl is a synthetic opioid that is far more potent than heroin.

The pleas are the result of an investigation by Customs and Border protection, under the direction of Director of Field Operations Rose Brophy; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; and the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.

Sentencing for both defendants is scheduled for July 25, 2017, 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 Nicholas Graham, 46, of Buffalo, NY, who was convicted of aiding and abetting a bank robbery by use of a dangerous weapon, was sentenced to 84 months in prison by Chief U.S. District Judge Joseph P. Geraci, Jr.

Assistant U.S. Attorney Michael Adler, who handled the case, stated that on January 8, 2016, the defendant assisted two other individuals in a bank robbery at the Evans Bank located at 2800 Niagara Falls Boulevard in Tonawanda, New York. Graham drove the individuals to the bank in a 2007 Infiniti around 5:45 p.m. The defendant remained in the vehicle and acted as both the lookout and the getaway driver.

During the robbery, the two masked individuals wore nearly identical uniforms including dark tan jackets with hoods, dark colored baseball caps, dark colored masks, and tan pants. Once inside the bank, the masked robbers aimed BB guns, that appeared to be real pistols, at customers and employees and ordered them to get down so that nobody would get hurt.

Following the robbery, law enforcement officers tracked the defendant and the two individuals to the Scottish Inn Motel on Niagara Falls Boulevard. Graham was detained at the motel, while the robbers fled and remain fugitives. Officers found items at the motel including cash, clothing worn by the robbers, the BB guns, receipts for the purchase of the guns, and several identification cards.

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 and the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold.

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 Dwayne Brice, 37, of Buffalo, NY, pleaded guilty to theft of government money, before Senior U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Scott S. Allen, Jr., and Stephanie O. Lamarque, who are handling the case, stated that the Department of Veterans Affairs appointed Brice as a fiduciary for his elderly father-in-law, who received veteran’s benefits. As fiduciary, the defendant had a duty to manage those funds and pay for his father-in-law’s living expenses.  Between August 2013 and September 2015, Brice stole approximately $38,904 in veteran’s benefits, gambling some of the money at local casinos.

The plea is the result of an investigation by the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Donna L. Neves.

Sentencing is scheduled for July 20, 2017, at 10:30 a.m. before Judge Geraci.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Raul Ramirez Vargas, 43, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and distribute a kilogram or more of heroin, was sentenced to 130 months in prison by Senior U.S. District Judge William M. Skretny. In addition, Judge Skretny sentenced Angel Sanchez, 49, also of Buffalo, to 60 months in prison for his conviction of conspiracy to possess with intent to distribute and distribute 100 grams or more of heroin.

Assistant U.S. Attorney Wei Xiang, who handled the sentencings, stated that the defendants were associates 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 defendants were charged in 2013 along with eight 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. Charges are pending against Josbel Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencings are the 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.

A Nassau County, New York return preparer pleaded guilty today to filing fraudulent tax returns, 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 and information presented to the court, from January 2010 through April 2015, David Menzies, 51, of Floral Park, filed fraudulent tax returns for hundreds of clients that claimed fake business income and expenses and false dependents to claim refunds his clients were not entitled to. Menzies solicited, and sometimes purchased, the personal identifying information of minors from their parents, and claimed them as dependents on other clients’ returns. Menzies charged his clients $250 for the use of the phony dependents and often used the same children’s information in multiple years. He recruited people to assist him in filing these fraudulent returns and directed them to escort his clients to check cashers, in order to cash their refund checks and collect Menzies’ fee, including the money for the false dependents.

In addition, Menzies concealed his identity as the preparer by soliciting other people to apply to the Internal Revenue Service (IRS) for preparer IDs and filing the fraudulent returns using the preparer identification numbers the IRS assigned to these individuals. Menzies admitted that he caused a tax loss of more than $250,000.

Menzies also acknowledged that he failed to timely file his 2009 through 2015 personal tax returns.

Sentencing is scheduled for July 26 before U.S. District Judge Lawrence J. Vilardo in the Western District of New York. Menzies faces a statutory maximum sentence of three years in prison, a period of supervised release, restitution and monetary penalties.

Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Kennedy thanked special agents of the IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Marie P. Grisanti and Trial Attorney Jason M. Scheff of the Tax Division, who are prosecuting the 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

BUFFALO, N.Y. – 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 David Menzies, 51, of Floral Park, NY, pleaded guilty to tax fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of three years in prison, and a $250,000 fine.

Assistant U.S. Attorney Marie P. Grisanti and Tax Division Attorney Jason M. Scheff, who are handling the case, stated that between January 2010 through April 2015, Menzies filed fraudulent tax returns for hundreds of clients that claimed fake business income and expenses and false dependents to claim refunds to which his clients were not entitled.  Menzies solicited, and sometimes purchased, the personal identifying information of minors from their parents, and claimed them as dependents on other clients’ returns.  Menzies charged his clients $250 for the use of the phony dependents and often used the same children’s information in multiple years. He recruited people to assist him in filing these fraudulent returns and directed them to escort his clients to check cashers, in order to cash their refund checks and collect Menzies’ fee, including the money he charged for creating false dependents.       

In addition, Menzies concealed his identity as the preparer by soliciting other people to apply to the Internal Revenue Service (IRS) for preparer IDs and filing the fraudulent returns using the preparer identification numbers the IRS assigned to these individuals.  Menzies admitted that he caused a tax loss of more than $250,000.    

Menzies also acknowledged that he failed timely to file his 2009 through 2015 personal tax returns.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Kathy A. Enstrom, Acting Special Agent-in-Charge, New York Field Office

Sentencing is scheduled for July 26, 2017, at 11:00 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 Harinder Dhaliwal, 47, of Brampton, Ontario, Canada, pleaded guilty to conspiracy to export from the United States five kilograms or more of cocaine before Senior U.S. District Judge William M. Skretny. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
 
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2006 and May 2011, Dhaliwal conspired with others to smuggle cocaine into Canada from the United States and marijuana and ecstasy into the United States from Canada via several international bridges including those in the Buffalo-Niagara region. As part of his plea agreement, Dhaliwal admitted to being part of an international conspiracy that trafficked more than 3,000 kilograms of cocaine, most of it through the Western District of New York, worth an estimated $120,000,000.00. 

Through the course of the investigation, United States law enforcement officers recovered a combined 230 kilograms of cocaine. Of that amount, 123 kilograms of cocaine, which represents the largest seizure arising from a single investigation in the District’s history, were obtained through two separate seizures occurring at the Lewiston-Queenston Bridge and in Geneva, NY.  The remaining 107 kilograms were seized in California.

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

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

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

Sentencing is scheduled for August 16, 2017, at 2:00 p.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 Alexander Burton Blake, 26, of Cheektowaga, NY, who was convicted of distribution and possession of child pornography, was sentenced to 40 months imprisonment with 10 years of supervised release.  He was also ordered to pay restitution to his victims in the amount of $48,000 by Chief United States District Judge Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was utilizing a peer-to-peer network to distribute child pornography.  Several items of computer equipment seized from the defendant’s residence revealed that the equipment contained approximately 70,000 images of child pornography and 650 videos of child pornography.

The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation under the direction of Adam Cohen, Special Agent-in-Charge, along with the City of Buffalo Police Department, under the direction of Commissioner Daniel Derenda, 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 Calvin R. Patrick, 35, of Mount Morris, NY, pleaded guilty to receipt of child pornography before Chief U.S. District Judge Frank P. Geraci, Jr. Based on a prior conviction for possession of child pornography, the defendant faces a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in the fall of 2015, Patrick enticed two minor females under the age of 18 to send to him sexually explicit pictures of themselves. The defendant used the application known as “Kik” to communicate with a 14-year-old female in Florida and a female in Pennsylvania who was not quite 12 years-old.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Mount Morris Police Department, under the direction of Chief Kenneth Mignemi; the Livingston County Probation Department, under the direction of Director Lynne C. Mignemi; and the Livingston County District Attorney’s Office, under the direction of Gregory J. McCaffrey.

Sentencing is scheduled for July 12, 2017, at 2:00 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 an indictment charging Feng Yang Chen, 41, LiangLiang Guo, 31, and Cheng Qi Li, 28, all of Flushing, NY, with conspiracy to violate the Mann Act and the Travel Act related to the operation of an interstate prostitution business. Chen was also charged with conspiracy to commit sex trafficking by force, fraud and coercion; and sex trafficking by force, fraud and coercion. Chen faces a mandatory minimum penalty of 15 years in prison and a maximum of life. Guo and Li face a maximum of five years in prison.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated according to the indictment and a previously filed complaint, between March, 2011 and March, 2016, the defendants used the website Backpage.com to promote a multi-state prostitution organization. They posted advertisements on Backpage.com, which led to encounters with prostitutes in multiple states including New York, Connecticut, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas. Chen and Li operated a call center in Flushing, Queens that scheduled meetings between prostitutes and their clients. Guo drove the victims to various hotels and collected the proceeds from the commercial sex activities. Some of the commercial sex acts took place in Tonawanda, NY and Henrietta, NY.  

The indictment states that throughout the conspiracy, the defendants victimized 12 individuals who traveled state to state to engage in prostitution in various hotels. The indictment is seeking the forfeiture of $476,354.74 in proceeds from the illegal prostitution activities; two properties located in Flushing, NY; a 2012 Porsche Cayenne; as well as multiple cellular telephones, computers, and iPads utilized during the prostitution conspiracy.

Acting U.S. Attorney Kennedy stated, “While the sexual exploitation of another is a criminal act that victimizes the person exploited, a criminal enterprise such as this, which provides profits to those who orchestrate such exploitation, is particularly pernicious.”

“The defendant allegedly callously abused and exploited vulnerable women for her own financial gain,” said ICE-HSI Special Agent-in-Charge James C. Spero. “The charges announced today will hopefully lay the foundation to restore the dignity of those victimized by this alleged criminal enterprise.”

The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and  the Fairview Township Police Department, under the direction of Chief Jason C. Loper.

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 Waldemar Pabon, 29, of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, crack cocaine within 1000 feet of a public housing authority before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 80 years in prison, a fine of $10,000,000, or both.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between early 2014 and December 5, 2014, Pabon conspired with others to possess and distribute crack cocaine. The defendant agreed to purchase various amounts of crack cocaine from several individuals and distribute it to certain friends and acquaintances. Pabon collected money from his friends and acquaintances and used the money to purchase more crack cocaine from other individuals in and around the Lackawanna Gates Housing Projects. The defendant then distributed the crack cocaine to his friends and acquaintances. 

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 Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division; and the Lackawanna Police Department, under the direction of James L. Michel, Chief of Police.

Sentencing is scheduled for July 19, 2017, at 11:00 a.m. before Judge Skretny.

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel R. Bao, 50, of Buffalo, NY, was arrested and charged by criminal complaint with mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, the defendant is a French and Swahili interpreter. Bao interpreted the New York State Department of Motor Vehicles driver permit written test for multiple out-of-state individuals, usually individuals with refugee status who are most recently from the Massachusetts area.

The defendant is accused of creating a scheme to defraud New York State by not interpreting the written tests. Rather, Bao provided answers to the questions for the applicants. The defendant then listed his own address on the permit application rather than the address of the applicant, which resulted in the Department of Motor Vehicles mailing the official driver’s permit to Bao’s address. The defendant would then mail the permit to the applicant’s actual address. Massachusetts has reciprocity with the New York Department of Motor Vehicles and multiple test takers had failed the Massachusetts written driver’s permit test before making arrangements with the defendant.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer, and was released.

The criminal 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, and the New York State Department of Motor Vehicles, under the direction of Executive Deputy Commissioner Theresa Egan.
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.