Western District of New York

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 Michael Oliver, 26, of Rochester, NY, pleaded guilty to possession with intent to distribute cocaine and carrying a firearm during a drug trafficking crime, before U.S. District Judge Charles J. Siragusa.  The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, a fine of $1,000,000, or both.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on September 18, 2016, a Rochester Police Department officer was on patrol in the Joseph Avenue area in Rochester. The officer saw a 2014 Ford Focus almost strike someone on a bicycle when it was turning right onto William Warfield Drive. A records check revealed that the vehicle had been reported stolen.

A short while later, the officer approached the parked car which was still running. Oliver was in the driver’s seat. As he approached the driver’s side door, the officer could smell burnt marijuana. He asked Oliver about the smell and the defendant motioned to a burnt marijuana cigarette located in the center console.  The officer then instructed Oliver to get out of the car, which he did.  Once out of the car, the officer placed the defendant in handcuffs and then lifted Oliver’s shirt and found a loaded handgun hanging out of his right pants pocket. A search of Oliver’s car recovered 13 individual glassine bags of cocaine. 

The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.

Sentencing is scheduled for July 11, 2017, at 10:00 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 Jorge Quinones, 39, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of heroin, was sentenced to 151 months in prison by Senior U.S. District Judge William M. Skretny. In addition, Judge Skretny sentenced Jose Rivera, 35, also of Buffalo, to 120 months in prison for his conviction on a charge of conspiracy to possess with intent to distribute and distribute heroin.

Assistant U.S. Attorney Wei Xiang, who handled the sentencing, 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.

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 Hoeub Chan, 35, of Rochester, NY, who was convicted of smuggling narcotics into jail, was sentenced to 18 months in prison by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Chan was sentenced to federal prison in January of 2016, following his conviction for conspiracy to commit mail fraud. After being taken into custody, law enforcement officers discovered that the defendant smuggled Oxycodone and Dextroamphetamine into his place of incarceration in the seams of his shirt, socks, and hidden in his shoes. Chan made multiple false statements in which he denied possessing any contraband to Deputy United States Marshals while being processed.

Chan was previously convicted of conspiracy to commit mail fraud for engaging in a scheme with others to defraud Rochester Electric and Gas by re-routing closed account payments. As a result of that scheme, the defendant obtained over $72,000, which he was ordered to repay.

Today’s sentencing is the culmination of an investigation conducted by the United States Marshals Service, under the direction of Marshal Charles Salina.

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 D’Arcy, Jr., 37, of Lancaster, NY, pleaded guilty to theft of mail by a postal employee before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on August 2, 2016, a U.S. Postal Service mail carrier discovered 52 pieces of mail, in delivery order, in a blue collection box on McKinley Parkway in Buffalo. It was determined that each of those pieces of mail were never delivered to Fisher Road (Route 53) in West Seneca, NY. Some of the mail was postmarked July 30, 2016, and was supposed to be delivered on August 1, 2016. The defendant delivered Route 53 on August 1, 2016. He also lived approximately a half of a mile from the blue mailbox in which the undelivered mail was discovered.

A review of the Global Positioning System (GPS) used to track the delivery of mail parcels showed that on August 1, 2016, D’Arcy drove through the portion of Route 53 on Fisher Road where the mail was supposed to be delivered. A comparison of the GPS data from the day before and the day after showed the postal carrier made many more stops and took much longer to deliver the same portion of Fisher Road.

A subsequent search of the defendant’s car uncovered multiple bundles of undelivered advertisements, placards, and First Class mail. D’Arcy opened some of the mail and took the contents, which included solicitations from various veterans groups, children's cancer foundations, and animal protection groups, which contained a $1 bill or other coin currency, seeking additional contributions from patrons.

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

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

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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Loria, 33, of Fairport, N.Y., pleaded guilty before Senior U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute, and distribution of, oxycodone and being an unlawful user of oxycodone in possession of a firearm. The charges carry a maximum penalty of 20 years in prison, a fine of $1,000,000, or both.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that in June of 2103, members of the Drug Enforcement Administration commenced an investigation into the narcotics trafficking activities of the defendant. As part of that investigation, law enforcement officers made five controlled purchases of oxycodone pills from Loria between August 2013 and September 2013. 

On September 26, 2013, the date of the final pre-arranged deal, agents met with Loria in the Target parking lot on Nine Mile Point Road, in Penfield, NY. The defendant was arrested after he arranged to sell 96 oxycodone pills to an undercover police officer in exchange for $1,728.00. A loaded handgun was found in the glove compartment of Loria’s car, which he drove to the deal.     

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

Sentencing is scheduled for July 19, 2017, at 3:30 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 Joseph Kurowski, 24, of Cheektowaga, NY, who pleaded guilty to possession of child pornography, was sentenced to 30 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in the Spring of 2015, Kurowski began communicating via text message with a 17-year-old female. The text messages were sexually explicit in nature. On April 10, 2015, the defendant asked her to send him a sexually explicit photograph which she then sent via text message. Kurowski was aware that she was a minor at the time he received this image. 

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge, the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia, 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 four defendants, Tyshawn Simmons, 34, Franklin Brock, Jr., 23, Franklin Brock, Sr., 43, and Tina McDonald, 44, all of Rochester, NY, were sentenced by U.S. District Judge Charles J. Siragusa in connection with a long-term, violent drug distribution ring in the City of Rochester. 

Defendant Simmons was sentenced to 330 months in prison for the murder of Ryan Adams.  Franklin Brock, Jr., who was convicted of conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine, was sentenced to 10 years in prison. Brock’s father, Franklin Sr., who was convicted of possession with intent to distribute and distribution of crack cocaine, was sentenced to five years’ probation.  Tina McDonald, a girlfriend of Tyshawn Simmons, was convicted of conspiracy to distribute heroin and sentenced to 18 months in prison.  

Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that Simmons murdered Ryan Adams because he believed that Adams had cooperated with law enforcement or intended to do so. Simmons shot Adams six times on Halloween night in 2012, while Adams sat in the driver’s seat of his car on Lincoln Street in Rochester.  Adams managed to get out of the car and walk approximately 400 feet looking for help before collapsing.

Franklin Brock, Jr. conspired with Simmons and others to sell drugs. Brock, Jr. admitted to possessing guns during the conspiracy. Franklin Brock, Sr. helped his son sell crack cocaine during the term of the conspiracy. 

Tina McDonald conspired with Simmons and others to distribute heroin. Among other things, she stored heroin in her residence where she lived with her children, and brought the heroin out of her residence to give to Simmons and others in the conspiracy for distribution to customers. McDonald also allowed other co-conspirators to store a gun in her residence. That gun was used by co-conspirator Marquis McMillian to shoot someone that he and Simmons suspected of having cooperated with police. After the shooting, McMillian hid the gun in McDonald’s house. Thereafter, another member of the conspiracy came to pick up the gun and, at Simmons’ direction, McDonald showed him where the gun was hidden in her house. McMillian was previously sentenced to 25 years for his role in the conspiracy.

Today’s sentencings are the culmination of an investigation headed by the Rochester Police Department, under the direction of Chief Michael Ciminelli, with assistance from the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent- in-Charge, New York Field Division.

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Maria Agustin, 43, a native and citizen of Mexico, most recently of Elba, NY, who pleaded guilty to reentry after deportation subsequent to an aggravated felony conviction, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.

Special Assistant U.S. Attorney Brian J. Counihan, who handled the case, stated that in 2009, the defendant was convicted in California of Forcible Rape and Assault with a Deadly Weapon and sentenced to five years in prison. After serving his prison sentence, Agustin was removed from the United States to Mexico by U.S. Immigration and Customs Enforcement. As a result of that conviction, the defendant was permanently barred from returning to the United States. 

In December of 2015, Agustin was found working in the United States. The defendant was doing so without having permission to reenter the United States and without employment authorization. In addition, Agustin was required to register as a sex offender in California and had not registered as a sex offender in New York State.   

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Thomas P. Brophy, Acting Buffalo Field Office Director, and the Genesee County Sheriff’s Office, under the direction of Sheriff William Sheron, Jr.

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 Anthony McCutcheon, 51, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and possession of a firearm in furtherance of drug trafficking 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 $5,000,000 fine.

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

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

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, and the Lackawanna Police Department, under the direction of Chief James Michel.

Sentencing is scheduled for July 26, 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 Christopher Chase, 49, of Williamsville, NY, was arrested and charged by criminal complaint with enticement of a minor. The charge carries a maximum of 10 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, on March 10, 2017, the defendant, using the name “The Dark Father,” initiated an online conversation with a female. Chase stated, “So, are you still looking for a boyfriend?  And do you like older men?” The defendant noted that he was looking for an “[e]specially submissive” girlfriend and asked for a cell number to continue a conversation. 

The following day, on March 11, 2017, Chase texted the female and asked, “Now the evil question are you really 18.” In the text, the female indicated that she was only 15 years-old. The defendant, however, continued to contact the female and request “naughty photos.” Following graphic conversation during which Chase described in detail sexual activities with the female, on March 29, 2017, the defendant arranged to meet the female at Walgreens in Depew, NY on April 2, 2017, in order to have sex with her. On April 2, 2017, shortly before the appointed meeting time, special agents with Homeland Security Investigations observed Chase’s car parked just down the street from the Walgreens where he had arranged to meet the female. After he pulled into the Walgreens parking lot, defendant was placed under arrest.  He was found to possess condoms and sex lubricant. 

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 fact that a defendant has been charged with a crime is merely an accusation and the defendants are 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 Patricia Nelson, 33, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Frank H. Sherman, who is handling the case, stated that on March 16, 2015, the defendant robbed the BMO Harris Bank located at 2401 W. Schaumburg Road in Schaumburg, Illinois. Nelson was indicted by a federal grand jury in the Northern District of Illinois for this crime, but pleaded guilty in the Western District of New York after being arrested here in October of 2016 on an arrest warrant from Illinois. 

On the date of the robbery, at approximately 9:15 a.m., the defendant entered the BMO Harris Bank wearing a dark hooded sweatshirt, a purple stocking cap, black glasses, and black pants. Nelson went to the customer counter and wrote a demand note on a deposit slip that read, “Put all cash I 2 envelopes No Alarms No DYE Packs Keep quiet & go quickly.”  The defendant then approached a teller, placed the note on the counter, and gestured with her hands to hurry. The teller then provided a specific amount of cash to the defendant who took the money and left the bank. Nelson got into the passenger side of her vehicle, which her boyfriend was driving.

The two drove from Illinois to Colorado where they were apprehended and Nelson was ultimately charged with a previous bank robbery at the Canandaigua National Bank on March 10, 2015 in Rochester. Nelson pleaded guilty to Robbery in Monroe County Court and was sentenced to one year in prison. Following her release from prison on that charge, the defendant was arrested for the Illinois bank robbery. 

As part of the plea agreement, the defendant agreed to pay $2,320 in restitution to the BMO Harris Bank

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

Sentencing is scheduled for August 1, 2017, at 10:00 a.m., before Judge Siragusa.

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

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy Jr. announced today that Luis Osorio, 27, of Rochester, NY, was sentenced by U.S. District Judge Elizabeth A. Wolford to 63 months in prison for bank robbery. 

Osorio was charged in June, 2014 along with his younger brother Abraham Osorio, Laquan Ealey and Jeffrey Steadman-Loyd, all of Rochester. 

Assistant U.S. Attorney Everardo A. Rodriguez, who handled the prosecution, stated that the defendant participated in the planning and execution of the June 7, 2014, robbery of the Chase Bank located at 2900 Dewey Avenue in Rochester. Co-defendants Abraham Osorio and Laquan Ealey entered the bank and walked up to a teller station. Ealey was wearing a baseball cap, gloves, and black hair extensions. Abraham Osorio had a red baseball cap and sunglasses. Ealey passed a note to the teller that stated, "Give me all the money or everyone dies in here." Ealey then told the teller, "Give me all your money or everyone here will die, I have a gun." The teller handed Ealey an amount of money and the defendants exited the bank, driving away in a 2002 blue Ford Explorer. The robbery was recorded on bank surveillance cameras. Ealey and Abraham Osorio later met up with Luis Osorio and the three men divided the proceeds of the robbery.

A week later, on June 14, 2014, Luis Osorio, Abraham Osorio, Laquan Ealey and Jeffrey Steadman-Loyd attempted to rob the Citizens Bank at 230 Waring Road in Rochester.  Luis Osorio and Jeffery Steadman-Loyd were observed by police in the blue Ford Explorer with Abraham Osorio and Laquan Ealey. The four men initially drove by the bank then stopped several block away, at which time Luis Osorio was observed to exit the Explorer with a screwdriver in hand and replace the vehicle’s two license plates with fake plates. The four men then drove back and parked next to the bank. Fearing that the men were about to rob the bank, Rochester Police patrol cars approached the Explorer and engaged their emergency lights. The defendants sped away, leading police on a car chase over approximately five city blocks. During the effort to flee, the Explorer struck a police vehicle. When the Explorer finally came to a stop, Abraham Osorio was the driver, Luis Osorio was the front passenger, and Ealey and Steadman-Loyd were in the back seat.

Police searched the Explorer and found, among other items, black hair extensions, several hats and caps, several pairs of sunglasses, a screwdriver and the two license plates which Luis Osorio had earlier replaced with fake plates.

In addition to his 63 months in prison, Luis Osorio was ordered to pay restitution to Chase Bank in the amount of $3,278. The three other defendants were also convicted.  Laquan Ealey was sentenced to 66 months in prison and Jeffrey Steadman-Loyd 24 months in prison. Abraham Osorio is awaiting sentencing. 

Today’s sentencing is the culmination of a joint investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Police, under the direction of Major Richard Allen; the United States Marshals Service, under the direction of Charles Salina; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Robert Lowe, 35, of Buffalo, NY, was arrested and charged by criminal complaint with depredation of government property. The charge carries a maximum of 10 years in prison and a $1,000 fine. 

Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the complaint, on March 30, 2017, at approximately 10:40 p.m., the defendant rammed his SUV into the gate of the Buffalo Office of the FBI on Mohawk Street. Lowe then backed up from the gate and drove around the perimeter of the FBI office at a high rate of speed. The defendant then drove to the perimeter gate on Staats Street and rammed into that gate twice. The gate gave way and Lowe entered the parking lot, drove in circles and then rammed into the outbound lane perimeter gate. The defendant drove out of the parking lot through Staats Street and was stopped and taken into custody by Buffalo Police at Chippewa Street and Elmwood Avenue.

The estimated value of the damaged security gates at the FBI is in excess of $50,000.
           
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 Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

The fact that a defendant has been charged with a crime is merely an accusation and the defendants are 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 Loren Glen Warner, 27, of Fresno, CA, was arrested and charged by criminal complaint with enticement of a minor. The charge carries a minimum of 10 years and a maximum penalty of life and a $250,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the 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. In the early morning hours of January 23, 2017, Warner drove to the victim’s residence. The victim got into the car and the two had sexual intercourse. 

The investigation was initiated by the New York State Police who received a report from the legal guardian of the victim. The legal guardian reported that she woke up early on January 23, 2017, and saw the victim walking towards the house and the defendant in his car at the end of the driveway. She also reported that later in the day, the victim told her that Warner had sexual intercourse with her.  

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 June 12, 2107.  

The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and is being held.  

The criminal complaint 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; 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 Miguel Manso, 46, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute heroin, was sentenced to 60 months in prison by Senior U.S. District Judge William M. Skretny. In addition, Judge Skretny sentenced Ellis Colon, 32, also of Buffalo, to time served for his conviction of misprision of a felony.    

Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that the defendants were members 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 the 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.

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 Joseph Lowry, 22, of Rochester, NY, who pleaded guilty to Hobbs Act robbery, possession of a firearm in furtherance of a crime of violence, and possession of a stolen firearm, was sentenced to 128 months in prison by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that Lowry was sentenced for his role in the August 10, 2015, armed robbery of the 7-Eleven Convenience store at 1469 Lake Avenue in Rochester.  Lowry and co-defendant Johnny Blackshell entered the 7-Eleven store intending to steal cash and goods. After entering the store, the defendant jumped over the service desk and ordered the employees to the ground. Blackshell pointed a silver handgun at the victim’s head and instructed the victim to open the cash register. The victim opened the cash register, which contained approximately $80 in U.S. currency, and Lowry removed the money. In addition to the money, the defendant and Blackshell took an unknown quantity of cigarettes, tobacco, chewing gum, and numerous rolls of scratch-off lottery tickets. Lowry and Blackshell then ran out of the store east toward Lake Avenue. Several of the stolen lottery tickets were redeemed by the defendant and others until the New York Lottery was able to invalidate the stolen tickets. 

In addition to the charges related to the convenience store robbery, Lowry was also sentenced for possession of a stolen firearm. That charge related to a separate incident, which occurred on August 1, 2015—roughly a week-and-a-half before the 7-Eleven robbery—during which Lowry was found to possess a stolen shotgun. Specifically, on July 29, 2015, Rochester Police officers responded to 1070 Lake Avenue for a report of a burglary occurring at the residence. A resident told officers that intruders entered the house and stole a gun safe that contained three firearms including an AK-47 rifle, a .40 caliber rifle, and a 12-gauge shotgun. Subsequently, on August 1, 2015, officers responded to Lowry’s residence at 33 Phelps Avenue in Rochester on an unrelated call for service. While there, officers observed a 12-gauge shotgun on the front porch of the residence, loaded with one round of ammunition. After tracing the firearm's serial number, investigators determined the gun was one of the three stolen on July 29, 2015, from the Lake Avenue residence.  One of the other stolen guns, the AK-47 rifle, was later determined to be the murder weapon used in the shooting at the Rochester Boys and Girls Club on August 19, 2015. Johnny Blackshell was convicted in June 2016 on three counts of First Degree Murder in New York State court in connection with that incident.

Federal charges of Hobbs Act robbery and carrying and brandishing a firearm during a crime of violence are still pending against Johnny Blackshell. 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 Rochester Police Department, under the direction of Chief Michael Ciminelli; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, 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 Fred Swan, Jr., 28, and Jessica Henton, 28, both of Rochester, NY, were arrested and charged by criminal complaint. Swan is charged with Hobbs Act Robbery, use of a firearm in furtherance of a crime of violence, and possession of a firearm in furtherance of a crime of violence. Henton is charged with aiding and abetting and Hobbs Act Robbery. Swan faces up to 25 years in prison; Henton up to 20 years in prison.

Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that according to the complaint, on February 18, 2017, Swan, assisted by Henton, robbed Alice’s Market at 1477 South Avenue in Rochester. The complaint further states that on March 24, 2017, Swan robbed the Valero gas station at 931 South Clinton Avenue in Rochester. On both occasions, Swan was armed with a firearm.

A subsequent search of the defendants’ apartment uncovered a firearm, clothing, and other items all of which matched articles either worn by defendants or taken from the robberies of one or both of the convenience stores. 

Swan and Henton made an initial appearance this afternoon before U.S. Magistrate Judge Jonathan W. Feldman. Henton was released; Swan is being detained.  

            The complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and 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 defendants are 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 Daniel Krull, 44, of Niagara Falls, NY, who was convicted of distribution of child pornography following a prior conviction under New York law for possessing a sexual performance by a child, was sentenced to 27 years in prison by U.S. District Judge Lawrence J. Vilardo. 

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the between November 6, 2015, and November 8, 2015, the defendant, using the Facebook profile “Danny Blaze,” distributed 11 images of child pornography to other individuals via a private group on Facebook. As a result, Facebook shut down the private group used by Krull and submitted a CyberTipline report to the National Center for Missing and Exploited Children on February 28, 2016.

On August 23, 2016, the defendant’s cellular telephone was seized by the Niagara County Probation Department. A forensic examination revealed approximately 2,026 images and 20 videos of child pornography depicting minors engaging in sexually explicit conduct. Some of the images depicted prepubescent minors or minors less than 12 years of age and depictions of graphic violence. During the investigation, Krull admitted that he previously sexually molested three minor females. The defendant also admitted that on several occasions during the summer of 2016, he followed numerous minor females at a local retail store, would become sexually stimulated and once he was back in his car or his residence, Krull would engage in masturbation.  

In March 2007, the defendant was convicted in state court of possessing a sexual performance by a child less than 16 years of age.

The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation at the direction of Adam S. Cohen, Special Agent-In-Charge, and Probation Officers of the Niagara County Probation 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 Francis Tessina, 45, of Buffalo, NY, pleaded guilty to possession with intent to distribute heroin and fentanyl before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that on March 9, 2015, the defendant sold heroin and fentanyl to an individual cooperating with law enforcement. The following day, as Tessina was again preparing to sell heroin and fentanyl to the same person, he was arrested. 

According to a previously filed complaint, on February 28, 2015, law enforcement officers investigated the apparent opioid overdose of a man in Hamburg, NY. During the investigation, officers discovered a cellular telephone that belonged to the individual. Text messages exchanged between him and an individual identified as John Haak revealed that the man received what was purported to be heroin from Haak shortly before his body was discovered. Further investigation revealed that Haak delivered fentanyl, purchased from Tessina, to the man late in the afternoon of February 28, 2015. Haak also sent text messages to him warning him to be careful with the heroin because Haak believed it contained fentanyl.            
           
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Evans Police Department, under the direction of Chief Douglas Czora.           

Sentencing is scheduled for July 12, 2017 at 9:00 a.m. before Judge Vilardo. 

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

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Woodbury, 27, of Rochester, NY, pleaded guilty to possession of child pornography before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that on February 14, 2016, an FBI Agent, while working in an undercover capacity, downloaded two video files containing child pornography. Those videos included naked, prepubescent girls. The undercover agent also found several other video files utilizing the same IP address. Subsequent investigation traced the IP address to a residence at which the defendant was then living on Patrician Drive in Rochester. 

On September 17, 2016, an FBI Task Force Officer (TFO), while working in an undercover capacity, also downloaded two video files containing child pornography. Those videos contained a naked, prepubescent girl and a naked, prepubescent boy engaged in sexual activity with adult men. The videos were traced to an IP address at an apartment on Spanish Trail in Rochester. When interviewed, the residents of the apartment denied any involvement with child pornography. An analysis of a tablet and laptop computer in the apartment found no indication of child pornography. Further investigation determined that the defendant, who was “pretty tech savvy,” also resided in the apartment complex on Spanish Trail.

Agents met with Woodbury who admitted that he utilized the internet at the Patrician Drive residence to download child pornography while living there in February of 2016. The defendant also admitted that he accessed his neighbor’s wireless internet to download child pornography at his current residence on Spanish Trail. An analysis of Woodbury’s cellular telephone revealed multiple videos containing prepubescent children involved in sexual activity.    

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 June 27, 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 Damarcus Hennings, 25; Shaquata Hennings, 30; Shahana Beaver, 25; and Janice Humphrey, 28, all of Buffalo, N.Y., pleaded guilty for their involvement in a marijuana and money laundering conspiracy before U.S. District Judge Elizabeth A. Wolford. Demarcus Hennings, Shaquata Hennings, and Shahana Beaver each pleaded guilty to conspiracy to possess with intent to distribute marijuana and face a maximum possible sentence of five years in prison. Demarcus and Shaquata Hennings also each pleaded guilty to additional crimes.  Specifically, Demarcus also pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime, which carries a mandatory minimum penalty of five years in prison and a maximum of life, which must be served consecutive to any sentence imposed on his drug conviction. While Shaquata also pleaded guilty to conspiracy to commit money laundering, a crime for which she faces up to 20 years in prison. Finally, Janice Humphrey pleaded guilty to maintaining a drug involved premises, which carries a maximum penalty of 20 years in prison.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between April 2015, and September 2015, the defendants conspired to ship, receive, and distribute more than 50 packages containing marijuana from Denver, Colorado to Buffalo, New York. The defendants also conspired to send the cash proceeds from resulting marijuana sales back to their marijuana source of supply in Denver.
Charges are pending against two other defendants in this case, Dashawn Abrams and Arthur Clark. 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 guilty pleas are 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.

Defendants Beaver and Humphrey are scheduled to be sentenced on July 11, 2017, before Judge Wolford. Sentencing for Damarcus Hennings and Shaquata Hennings will be scheduled at a later date.

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 Bryant Hudson pleaded guilty to structuring transactions before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a $500,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that the defendant was charged in an indictment along with six others in connection with a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drug packages to various states including New York, New Jersey, Illinois, and Colorado.

Hudson assisted in the depositing of drug proceeds in accounts at Bank of America branches in the Buffalo area in order to move the proceeds from Buffalo to California and avoid detection. The money was deposited in amounts just under $10,000, a practice known as structuring. Deposits of $10,000 or more require the bank to report the transaction. There were also deposits in bank branches across the country made by other defendants. The total amount of money deposited in this fashion reached more than $10,000,000. Local deposits totaled over $1,000,000 and involved at least 120 transactions.

Hudson is the first to be convicted in this case. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for July 11, 2017, at 10:00 a.m. before Judge Wolford.

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

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Damion Colabatistto, 40, of Rochester, NY, having been convicted following a jury trial of murder, conspiracy to distribute cocaine, crack cocaine, and heroin, and the use of firearms in furtherance of a drug conspiracy, was sentenced to life in prison plus five years by Chief U.S. District Judge Frank P. Geraci. Jr. 

Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola, who handled the prosecution of the case, stated that on July 26, 2009, Colabatistto, and his former brother-in-law and friend, Angelo Ocasio, went to 137 Cameron Street looking to kill a rival drug dealer with whom Colabatistto and another co-conspirator had fought the night before. When they arrived at the house, Colabatistto and Ocasio shot and killed Meosha Harmon when she came to the upstairs window of the residence. The two mistakenly believed that Ms. Harmon was the rival drug dealer. 

Angelo Ocasio, was also convicted following a jury trial in connection with the shooting of Meosha Harmon and of the underlying drug trafficking conspiracy. Ocasio was also sentenced to life in prison.

During Colabatistto’s trial, the government’s evidence established that one of the two guns used to murder Meosha Harmon was also used to murder Jose Troche on January 14, 2010, outside his house at 510 Augustine Street in Rochester.  Jose Troche was a member of the drug distribution conspiracy along with Colabatistto and Ocasio. The drug conspiracy was headed by James Kendrick and his brother Pablo “Paul” Plaza. Troche was murdered because Kendrick and Plaza feared that Troche would cooperate against Kendrick in an ongoing narcotics prosecution. Colabatistto participated in the planning of the Troche murder and was the getaway driver when Paul Plaza shot Troche on the morning of January 14, 2010. 

The drug conspiracy to which Colabatistto and Ocasio belonged was led by Kendrick and Plaza, and it was a large, long-term, and very violent drug distribution group. The group committed multiple beatings, shootings, and murders to protect their drug operations and to retaliate against those who posed a danger to the conspiracy, including disloyal workers and rival drug dealers.

James Kendrick and Paul Plaza were tried in a separate, seven-week trial and were each found guilty of the drug trafficking conspiracy and of several firearms offenses, including offenses relating to the murder of Jose Troche. Kendrick and Plaza were also found guilty of the murder of Francisco Santos in October 1998. Santos’ body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, NY.  James Kendrick was also found guilty of the murder of Ryan Cooper in the spring of 1999.  Cooper’s remains have never been found.  Like Jose Troche, both Santos and Cooper (who was a cousin of Kendrick’s and Plaza’s) were murdered because Kendrick and Plaza believed they were disloyal members of the conspiracy who had cooperated with the police or were planning to do so. 

Paul Plaza and James Kendrick have also been sentenced to life in prison.

Damion Colabatistto’s conviction is the culmination of an investigation that commenced in 2010. As a result of the investigation and resulting prosecutions, four murders (Francisco Santos in 1998, Ryan Cooper in 1999, Meosha Harmon in 2009 and Jose Troche in 2010) have been solved and the responsible murderers have been brought to justice.  Altogether, 11 co-conspirators have been convicted in connection with the underlying drug distribution conspiracy and/or illegal firearms possession, and murders committed in furtherance of the conspiracy. 
 
The conviction of Colabatistto and of his co-conspirators 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; and the Rochester Police Department, under the direction of Chief Michael Ciminelli. 

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051               
               
BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an 11-count indictment charging Juan Pacheco, Jr., 34, and Andrew Garner, a/k/a Bam, 36, both of Jamestown, NY, with conspiracy to distribute over five kilograms or more of cocaine, over 500 grams or more of methamphetamine, and marijuana, and maintaining a drug involved premises. Pacheco was also charged with possession with intent to distribute cocaine, methamphetamine, and marijuana. Garner was additionally charged with distribution of cocaine and possession with intent to distribute cocaine, methamphetamine and marijuana. The charges carry a mandatory minimum penalty of 20 year in prison for Pacheco and 10 years in prison for Garner. Both face a maximum penalty of life in prison and a $10,000,000 fine.

Assistant U.S. Attorney Michael P. Fellicetta, who is handling the case, stated that according to the indictment, between April 2016 and September 2016, the defendants received large quantities of drugs from California that were smuggled into the United States from Mexico. Members of the Drug Enforcement Administration working collaboratively with law enforcement officers from the Jamestown Metro Drug Task Force (JMDTF) identified Pacheco and Garner as significant dealers in the Jamestown area. 

On May 19, 2016, JMDTF officers executed a search warrant at Garner’s apartment, located at 840 East 2nd Street in Jamestown. Inside, officers recovered bags containing cocaine, crack cocaine, and marijuana, along with baggies, scales, and a video surveillance system that covered the perimeter of the residence. Garner was arrested on June 14, 2016.

Pacheco was arrested on August 18, 2016, after officers executed a search warrant at a residence, believed to be Pacheco’s stash house, located at 477 Main Street in Jamestown. Officers seized approximately nine kilograms of cocaine, more than three kilograms of methamphetamine, and over six pounds of marijuana. The DEA also seized nearly $133,000 in cash that was found at the residence and approximately $7,000 from Pacheco’s pocket upon his arrest. Two vehicles belonging to Pacheco were also seized in the raid, including a Mercedes C300 and a Ford F150.

The defendants are being detained.   

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; the Jamestown Metro Drug Task Force, which includes officers from the Jamestown Police Department, under the direction of Chief Harry Snellings; the Ellicott Police Department, under the direction of William L. Ohnmeiss Jr.; and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause.

The fact that a defendant has been charged with a crime is merely an accusation and the defendants are 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 a federal jury has convicted James A. MacCallum, 46, of Bemus Point, NY, of mail fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Michael DiGiacomo and Brian J. Counihan, who handled the prosecution of the case, stated between January 2008 and December 2010, the defendant, a practicing attorney at the time, devised a scheme to defraud investors out of approximately $3,400,000. As part of the scheme, MacCallum encouraged some victims to liquidate other investments in order to benefit from his false and fraudulent higher rates of return. The defendant claimed that his investments were secured by real estate and life insurance policies. However, the Government’s evidence demonstrated that the defendant was using victim investments to pay back earlier investors and to pay personal and other expenses such as personal travel and office expenses. MacCallum received $3,423,737.00 from victim investors.

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

Following today’s verdict, Judge Elizabeth A. Wolford, who presided over the trial, order the defendant detained pending sentencing on July 11, 2017, at 2:00 p.m.

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 Craig Jerabeck, 56, of Rochester, NY; Jeb Tyler, 44, of Penfield, NY; and Jason Guck, 42, of Victor, NY, were arrested and charged by criminal complaint with wire fraud and conspiracy. The charges are punishable by up to 20 years in prison and a fine of $250,000. 
 
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, from at least 2001 to 2015, Jerabeck was the co-founder, President and Chief Executive Officer of 5LINX, a Rochester based multilevel marketing company. From at least 2001 to the present, Guck and Tyler were co-founders and Vice Presidents of 5LINX. In June 2006, 5LINX entered into a purchase agreement and a stockholder’s agreement with two investment companies. As a condition of the purchase agreement, the investors, 5LINX and the defendants entered into a stockholder’s agreement, which defined certain conditions, rights, and obligations. Among other conditions, the defendants compensation was limited, and any bonus payments required approval by the Board of Directors.
 
Jerabeck, Tyler, and Guck engaged in a scheme to defraud investors by causing millions of dollars to be diverted from 5LINX into their own personal bank accounts or onto their debit cards without the knowledge or approval of the investors. Beginning in approximately 2009, and continuing until at least May 15, 2015, without the knowledge, permission, or authorization of investors, the defendants created and inserted fraudulent contracted representatives into the 5LINX direct sales team in order to make additional income in excess of their compensation plan. To execute the scheme, the defendants set-up fraudulent 5LINX independent contractor accounts under multiple company names which were actually controlled by the defendants individually or together. Those shell companies were utilized in order to conceal the real owner’s information from employees and the investors.

During times relevant to the conspiracy, Jerabeck, Tyler, and Guck failed to disclose to the investors that they were independent contractors of 5LINX and that they were covertly receiving millions of dollars in additional compensation without the investors’ knowledge or permission. This resulted in inaccurate corporate financial documents being issued which significantly understated the company’s available cash. Those inaccurate statements were then relied upon by the investors in making financial decisions related to their investment in 5Linx. As a result, investors lost as much as $4,000,000.
 
The criminal complaint is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Adam S. Cohen.

The defendants made initial appearances this morning before U.S. Magistrate Judge Jonathan W. Feldman and were released on conditions. Jerabeck, Tyler, and Guck are due back in court for a status hearing on May 5, 2017 at 9:30 a.m.

The fact that a defendant has been charged with a crime is merely an accusation and the defendants are 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 Timothy Miller, 40, of Managua, Nicaragua, who was convicted of conspiracy to commit international parental kidnapping, was sentenced to time served (eight months) by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Michael DiGiacomo and Paul Van de Graff, who handled the case, stated that in 2009, the defendant conspired with co-defendants Kenneth Miller and Lisa Miller to assist Lisa Miller and her daughter in fleeing the United States to Nicaragua. Lisa Miller fled the country in order to prevent her partner Janet Jenkins from visiting her daughter. The two women both had parental rights with the child. 

Timothy Miller purchased a one-way plane ticket for Lisa Miller and her daughter to travel from Toronto, Ontario to Nicaragua. Upon their arrival in Nicaragua, Timothy Miller assisted Lisa Miller and her daughter with shelter and financial assistance.

Kenneth Miller was convicted and sentenced. Charges are pending against Lisa Miller whose current whereabouts, and that of her daughter, is unknown. 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. In a related prosecution, Philip Zhodiates was convicted of international parental kidnapping and conspiracy to commit international parental kidnapping, and was sentenced to 36 months in prison.

The sentencing is the culmination of an investigation by the Vermont Office of the United States Marshal’s Service, under the direction of David Damag; and the Vermont Office of the Federal Bureau of Investigation, under the direction of Andrew Vale, Special Agent in Charge.    

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 Julio Cesar Sanchez, 47, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to conspiracy to possess with intent to distribute, and to distribute, cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in March of 2015, the Drug Enforcement Agency (DEA) executed a search warrant at an apartment where illegal narcotics were sold. At that time, agents recovered an internal video surveillance system that recorded Sanchez holding and describing a bag of cocaine he intended to sell to customers.

On October 5, 2015, the U.S. Postal Inspection Service (USPIS) intercepted a package shipped from Puerto Rico to an address in Buffalo. Agents executed a search warrant on the package which contained cocaine stuffed inside a set of speakers. After removing the cocaine, the DEA conducted a controlled delivery of the package. During the controlled delivery, the defendant arrived at the address and signed for the package.  Upon signing for the package, DEA agents arrested Sanchez. 

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 United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.

Sentencing is scheduled for June 29, 2017, before Judge Arcara.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Philip Zodhiates, 61, of Waynesboro, Virginia, who was convicted by a federal jury of international parental kidnapping and conspiracy to commit international parental kidnapping, was sentenced to 36 months in prison by U.S. District Judge Richard J. Arcara.
 
Assistant U.S. Attorneys Paul Van de Graaf and Michael DiGiacomo, who handled the prosecution of the case, stated that beginning in 2009, the defendant conspired with Lisa Miller to take Miller’s then seven-year-old daughter from Virginia to Nicaragua. Zodhiates transported Miller and the child to the Buffalo area where the two crossed over the Rainbow Bridge Port of Entry into Canada. Miller and the child then flew from Toronto, Ontario to Nicaragua. After arriving in Nicaragua, Miller was sheltered and assisted by others who had been recruited by Zodhiates. Miller and the child have not been seen since. 

According to evidence presented by the Government, the kidnapping was an attempt to obstruct the parental rights of Miller’s former partner from a civil union that took place in the State of Vermont. The child was born during the period of the civil union and the State of Vermont accordingly governed the parental rights of both Miller and her former partner.  

Lisa Miller is also charged with international parental kidnapping and conspiracy to commit international parental kidnapping but remains a fugitive. Also charged in this case is Timothy Miller (no relation) from Nicaragua. He was recently arrested after being deported by Nicaragua and is due to appear at a later date in the Western District of New York.

A fourth defendant, Kenneth Miller (also not related) from Virginia, was charged and convicted of international parental kidnapping in the District of Vermont in 2012. Kenneth Miller is currently serving a 27-month prison sentence.      

The sentencing is the culmination of an investigation by the Vermont Office of the United States Marshal’s Service, under the direction of David Damag, and the Vermont Office of the Federal Bureau of Investigation, under the direction of Andrew Vale, Special Agent-in-Charge.

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 Jerome Grant, 36, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute cocaine, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June of 2013 and July 23, 2014, Grant conspired with other Schuele Boys Gang members to distribute cocaine in the City of Buffalo. The defendant purchased cocaine from other Schuele Boys Gang members and broke it down into smaller packages for redistribution to customers.  

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

Grant is one of 28 Schuele Boys Gang members, associates, and other individuals arrested in this case. To date, 18 of the 28 charged have been convicted.

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 Richard Klaffka, 59, and his wife, Cathleen Klaffka, 62, both of Holland, NY, pleaded guilty before U.S. District Judge Richard J. Arcara in connection with Richard Klaffka’s receipt of over $1,000,000 in benefits from the Department of Veterans Affairs (VA) and the Department of Labor under false pretenses. Richard Klaffka pleaded guilty to wire fraud and faces a maximum penalty of 20 years in prison and a $250,000 fine. Cathleen Klaffka pleaded guilty to misprision of a felony, which is punishable by maximum penalty of three years in prison. The couple was also ordered to pay $1,237,427 in restitution.   
 
        Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that in 2006, Richard Klaffka told the VA that, due to an injury connected with his military service in 1978, he was disabled, confined to a wheelchair and unable to engage in daily activities like walking, driving, and dressing himself. To promote the fraud, Cathleen Klaffka pushed Richard Klaffka in a wheelchair when at the VA hospital in order to support Richard’s false claim regarding his mobility limitations. In fact, both knew that Richard Klaffka was able to walk without assistance and regularly engaged in extensive physical activities including hiking, riding a bike, and pitching iron horseshoes.
 
        Similarly, in order to get workers compensation benefits from his employment with the United States Postal Service, the defendant falsely claimed that his mobility was limited due to a work injury and that he was only able to walk with the assistance of a cane. All told, the Klaffka’s received $1,237,427 in government benefits to which they were not entitled. The investigation was triggered by an anonymous call to a fraud hotline.

            Acting U.S. Attorney Kennedy noted that the defendants “sought fraudulently to enrich themselves by exploiting for their own personal financial benefit a system intended to provide a safety net for disabled American veterans and workers. Through these pleas, the government, in addition to forcing the couple to repay the money they essentially stole, will also seek to hold them liable for interest—in the form of their liberty—when it comes time for sentencing.”  

            USPS-OIG Special Agent-in-Charge Monica Weyler stated, “The U.S. Postal Service spends more than $1-billion dollars per year on workers compensation related expenses. The majority of that money goes to unfortunate postal employees who suffered legitimate on the job injuries. However, as the evidence in this case shows, there are a few employees who decide to take advantage of the federal workers compensation program for their own personal gain. When special agents with the U.S. Postal Service Office of Inspector General receive allegations of workers compensation fraud, they will conduct a thorough investigation with our law enforcement partners, and seek criminal prosecution of those found to be committing fraud. To report workers compensation fraud, or any other crimes committed by postal employees, contact us at www.uspsoig.gov or 888-USPS-OIG.”

         The pleas are the result of an investigation on the part of Special Agents of the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Donna L. Neves; the Department of Veterans Affairs Police Department, under the direction of Chief Jeremy Novak; U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region; and the United States Postal Service, Office of Inspector General, under the direction of Monica Weyler, Special Agent-in-Charge, Eastern Area Field Office.  

            Sentencing for the couple is scheduled for July 26, 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 David Jesus Pagan, 40, of Dunkirk, NY, who was convicted of conspiring to possess with intent to distribute and distribute five kilograms or more of cocaine and being a felon in possession of a firearm, was sentenced to 97 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that David Jesus Pagan and co-defendant Rafael Burgos were the leaders of a drug trafficking organization that distributed illegal narcotics in the Dunkirk, NY, area between 2013 and June 10, 2015. During that time, members distributed multiple kilograms of cocaine throughout the Dunkirk area.

Pagan was arrested in June of 2015 along with Burgos and four others. Search warrants were executed at the time of the arrests at six properties which resulted in the recovery of more than seven kilograms of cocaine (the largest seizure ever in the City of Dunkirk) and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine, most of which was found in the defendant’s residence. During a search of Burgos’ residence, officers discovered a secret room with a money counting machine. All defendants have been convicted.      

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 Office; the Dunkirk Police Department, under the direction of Chief David C. Ortolano; the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace; the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb; and the Chautauqua County District Attorney’s Office, under the direction of Patrick Swanson.

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

BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced that a federal jury this afternoon returned a verdict convicting Gregory Ramos, a/k/a Prospect, 25, of Buffalo, NY, of possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a person subject of a domestic violence order of protection. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.

Assistant U.S. Attorneys Michael P. Felicetta and Laura A. Higgins, who handled the prosecution of the case, stated that Ramos is a member of the FEB Gang which has a history of drug trafficking, firearms possession and violent crime. On May 21, 2016, Buffalo Police received a complaint involving a domestic dispute on Fargo Avenue between a woman and the defendant. An investigation determined that Ramos assaulted the woman, causing abrasions and bruising, and threatened her life. At the time of the domestic assault, Buffalo Police were looking for the defendant in connection with a fatal shooting, which occurred at the Anchor Bar Restaurant the previous day.   

The charges contained in the federal indictment primarily involved events occurring on May 23, 2016. On that date, Niagara Falls Police Officers spotted Ramos’ car on Pine Avenue and attempted to stop the vehicle. As officers approached, the defendant sped away. A high-speed chase ensued during which Ramos threw bags of cocaine and a gun from his car window. The cocaine struck the windshield of the officers’ car on Hyde Park Avenue, while the gun struck and shattered the rear window of another driver’s vehicle.            

The chase, which involved multiple Niagara Falls Police vehicles, proceeded onto Grand Island, where a toll collector at the Grand Island Bridge reported that the defendant’s vehicle was traveling approximately 100 miles per hour as it went through the tollbooths. Once on Grand Island, Ramos abandoned his vehicle on Stony Point Road and fled into a wooded area. A few minutes later, the Erie County Sheriff’s Department received a call from an individual who identified himself as Gregory Ramos. The caller claimed his vehicle had been stolen in Niagara Falls by an unknown black male. The defendant Ramos was apprehended a short time later in a wooded area on the Island and taken into custody. At the time, Ramos was in possession of $3,640 in cash.

With Ramos having been convicted in federal court on these drug and gun charges, he remains under indictment on state murder and domestic assault charges involving the Anchor Bar shooting death and the beating of his girlfriend.

The verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    
 
Sentencing is scheduled for July 11, 2017, at 10:00 a.m. before U.S. District Judge Lawrence J. Vilardo, 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 Derrick Ramos, aka Little D, 26, of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 72 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that Ramos was a member of the Bailey Boys Gang. On December 30, 2010, the defendant was one of the shooters involved in a drive-by shooting during which Philip Brown, also known as "Skateboard," and a second, unidentified man were wounded. Believing that they had found members of a rival gang in the vicinity of Broadway and Sears on Buffalo’s East Side, Ramos and at least one other individual, all of whom were travelling in a van with several other individuals, fired a series of shots. Brown was hit in the shoulder, while the second individual was shot in the upper thigh.

Ramos is one of 10 individuals indicted in this case. Six defendants have been convicted, charges are pending against the remaining four defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  
           
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jack Reid, III, 49, of Williamsville, N.Y., was sentenced, by U.S. District Judge Richard J. Arcara, to 25 years in prison and 10 years supervised release.  Judge Arcara also ordered Reid to forfeit $1,000,000 and two properties in Williamsville and Amherst, NY.  Reid’s sentence follows his conviction, after a jury trial, of conspiring to possess with intent to distribute five kilograms or more of cocaine and possessing with intent to distribute cocaine.

Assistant U.S. Attorney Timothy C. Lynch, who handled the sentencing, stated that beginning in 1990 through April, 2012, the defendant utilized family members and others as drug couriers and distributors of more than 50 kilograms of cocaine. The cocaine, which was obtained from sources in Rochester and New York, New York as well as Atlanta, Georgia, was distributed in various areas throughout Erie and Niagara Counties.

The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; and the Lockport Police Department, under the direction of Chief Michael Niethe.

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 Wilfredo Sanchez, 21, of Rochester, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 60 months in prison and five  years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that on May 18, 2016, two Rochester Police Department officers, who were working in a marked RPD patrol vehicle in the area of North Clinton Avenue, observed a vehicle pull away from the curb without signaling, in violation of the New York State Vehicle and Traffic Law.  The officers stopped the car and the passenger, later identified as the defendant Sanchez, immediately exited the vehicle and began walking at a fast pace toward a corner store located at 1384 North Clinton Avenue. The officers asked Sanchez to stop and to return to the vehicle, which he did.  Observing marijuana inside the vehicle, the officers arrested the defendant, and upon a search of his person, the officers discovered $1,660.00 as well as a handgun. The handgun, which was loaded with eight live rounds of 9mm caliber ammunition, had a defaced serial number. After his arrest, officers advised Sanchez that he was going to be searched again. Sanchez told the officers he had more drugs and a zip lock bag containing approximately 10 grams of heroin was recovered from his pants.

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 13-count superseding indictment charging Oliver Kimmons, 49, of Lockport, NY, with possession and distribution of heroin and fentanyl, maintaining a drug premises, and sex trafficking. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the superseding indictment, over the course of three years, the defendant solicited young, opiate-addicted women to have sex with paying customers. In exchange, Kimmons provided the victims with drugs. The defendant drove the victims to farms, dairies, and Indian Reservations in Western New York where they engaged in sex acts with paying customers. Kimmons collected the money from customers and then “paid” his victims in heroin. The defendant also had sex with the victims in exchange for drugs. 

Kimmons was initially indicted on drug charges in March 2016 and has been in custody since his arraignment on those charges. The defendant is scheduled to be arraigned on the charges included in the superseding indictment on March 23, 2017, at 11:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

The superseding indictment is the result of an investigation by the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; the Lockport Police Department, under the direction of Chief Michael Niethe; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in Charge Kevin Kelly. The investigative team included Investigator Michael A. Licinio of the Niagara County Sherriff’s Office; Investigator Kevin Newman and Officer Eric Herrington of the Niagara County Drug Task Force; Theresa Nietzel of the Erie County Sherriff’s Office; Captain Brian Wentland of the Lockport Police Department; Special Agent Shane Nastoff of the Drug Enforcement Administration; and Special Agent Nathan Spisak of Homeland Security Investigations.

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 Antwone K. Dean, 36, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute fentanyl and butyryl fentanyl, possession of a firearm in furtherance of drug trafficking, and possession of firearm and ammunition by convicted felon. The charges carry a minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the complaint, on November 22, 2016, New York State parole officers visited Dean’s residence on East Eagle Street for inspection. Inside, they found the defendant, a loaded .45 caliber pistol, and a bag of approximately 56 grams of powder containing fentanyl and butyryl fentanyl. Dean is on parole for a 2001 manslaughter conviction and is legally prohibited from possessing a gun.  

The defendant was ordered detained today by U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and returned to state custody on a parole violation.

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

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 Richard Lipke, who was convicted of conspiracy to commit access device fraud, was sentenced to six months in prison and ordered to pay $60,608.10 in restitution by U.S. District Judge Elizabeth A. Wolford.

The defendant was arrested with four others in June of 2016 after they were discovered to have been engaged in a variety of frauds involving credit cards. According to Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, between January 15, 2015, and February 2, 2015, one of defendant’s co-conspirators conducted a series of over-the-phone credit card purchase with stolen credit card account information at various Home Depot locations in Western New York.  Defendant Lipke also utilized the stolen credit card information to conduct a series of fraudulent purchases from Home Depot during this period. Those fraudulent purchases totaled $48,208.10.

Moreover, between February 2015 and May 2015, defendant picked-up from retailers in the greater-Rochester area various equipment, including a jet ski, a watercraft trailer, with a combined value in excess of $20,000, which had been fraudulently purchased over-the-phone by one of his co-conspirators using stolen credit card account information.

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

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 a federal jury has convicted Matthew Nix, 37, of Rochester, NY, and Earl McCoy, 35, of Brooklyn, NY, of conspiracy to commit Hobbs Act robbery; attempted Hobbs Act robbery; Hobbs Act robbery; carrying and brandishing firearms during crime of violence; narcotics conspiracy; carrying firearms during drug trafficking crime; and possessing firearms as convicted felon. The charges carry a maximum penalty of life in prison and a $3,000,000 fine. 

Assistant U.S. Attorneys Robert A. Marangola and Everardo A. Rodriguez, who handled the prosecution of the case, stated that the defendants were the leaders of a group of criminals who engaged in armed home invasions of individuals they believed were drug dealers, as well as a jewelry wholesaler in the Town of Greece. The group included Jecovious Barnes, Jessica Moscicki as well as McCoy’s younger brothers Clarence Lambert and Gary Lambert. All four have been convicted. Nix and McCoy identified and obtained information about victims and locations, brought accomplices to the locations, supplied firearms to accomplices, and distributed property stolen from home invasions. McCoy and other accomplices entered the locations brandishing firearms. They restrained the victims at gunpoint, and in some instances, bound them with plastic zip-ties and pistol-whipped them, demanding drugs and money. The defendants ransacked the residences, flipping over beds, yanking out drawers looking for large quantities of drugs and cash. They stole drugs, cash, cell phones, and even guns from locations. Nix, McCoy and their co-defendants also perpetrated the home invasion at the home of a jewelry wholesaler, stealing $200,000 in luxury watches, diamonds and cash. Specifically:

• On September 15, 2014, at a residence in Rochester, Clarence Lambert, Earl McCoy and Matthew Nix stole property from two victims against their will. Lambert and McCoy broke open a locked screen door to the residence, brandished firearms, and demanded money and drugs from the victims, who they mistakenly believed were drug dealers. The victims were zip-tied at gunpoint, and one was pistol-whipped while the defendants searched the residence. After finding no money or drugs, Lambert and McCoy stole a cell phone and fled the residence and the victims called the police.

• On September 18, 2014, Nix and McCoy brought Clarence Lambert and Jecovious Barnes to another residence in Rochester of what they believed to be a drug dealer. Nix and McCoy expected to find a stash of illegal pills and cash inside the residence. Lambert and Barnes stormed inside the location brandishing handguns and restrained the two victims at gunpoint, demanded money and drugs, and searched the residence. After finding no stash of money or drugs, Lambert and Barnes stole two cell phones and then left with Nix and McCoy, who were waiting outside. 

• On the morning of September 23, 2014, Nix and McCoy drove Clarence Lambert, Jecovious Barnes and Jessica Moscicki another Rochester residence to break in and steal marijuana, heroin, cocaine, and cash. Lambert and Barnes, carrying a firearm, broke into the unoccupied residence and stole cash, marijuana, firearms and other items from inside.   

• On October 7, 2014, Nix and McCoy and their accomplices went to the home of a jeweler in the Town of Greece. The jeweler’s business involved buying and selling and luxury watches, all of which were made outside the United States. While Nix and McCoy waited nearby, their accomplices stormed the residence, carrying and brandishing at least one firearm and other weapons. They threatened to kill the jeweler and his wife and demanded money and access to the safe. The victims were pistol-whipped and sustained serious injuries. The men stole luxury watches, diamonds, jewelry and cash worth over $200,000 in total, including numerous Mens and Ladies Rolex watches.  After fleeing the residence, the accomplices met Nix and McCoy and gave them the stolen property. Nix and McCoy paid their accomplices in cash and stolen watches. 

The verdict is the culmination of an investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict; Special Agent-in-Charge, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Police, under the direction of Major Richard Allen; and the Rochester Police Department under the direction of Chief Michael Ciminelli.

The defendants will be sentenced on July 12, 2017 before U.S. District Judge Elizabeth A. Wolford 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 Alexis Javier Centeno-Baez, 22, of Buffalo, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and attempt to possess with intent to distribute 500 grams or more of cocaine, was sentenced to 63 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Wei Xiang and Brendan T. Cullinane, who handled the case, stated that on August 25, 2015, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed and revealed two individually wrapped kilograms of cocaine stuffed inside a LEGO box. During a controlled delivery, Centeno Baez went to the address and retrieved the package. When Drug Enforcement Administration Agents approached to arrest him, the defendant left the package in his car and fled on foot.  Agents pursued Centeno Baez and apprehended him about three blocks away.

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 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 the unsealing of a criminal complaint charging Gerald McErlean, 46, of Lockport, NY, with performing a lewd act aboard an aircraft in violation of Title 49 of the United States Code. The charge carries a maximum penalty of 90 days in prison and a $5,000 fine.

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on March 8, 2017, the defendant exposed himself and masturbated on a Southwest Airlines flight from Fort Lauderdale, Florida to Buffalo. McErlean was observed engaging in the act by two women, who sought to block his behavior from the view of a toddler who was also traveling with them. When one of the woman "called [him] out on what he was doing," the defendant stopped.

Another passenger, who also noticed the defendant’s behavior, called for a flight attendant who subsequently moved McErlean to the back of the airplane. When the flight arrived in Buffalo, having traveled the distance with the cabin lights on, the defendant was arrested by officers from the Niagara Frontier Transportation Authority Police.

The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and was released on bail pending a detention hearing on March 17, 2017.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; and the Amherst Police Department, under the direction of Chief John Askey.  

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

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ian Tarbell, 44, of Hogansburg, NY, pleaded guilty to possession of contraband cigarettes before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of five years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that the defendant was arrested on February 18, 2016, in Pembroke, NY, following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was driving a truck that was pulling a trailer loaded with untaxed and unstamped cigarettes. In total, the defendant was transporting more than 900,000 unstamped and untaxed cigarettes.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.; and the New York State Department of Taxation and Finance, under the direction of Commissioner Thomas Mattox.

Sentencing is scheduled for June 23, 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 Reginald Brown, 49, of Buffalo, NY, who was convicted of possessing with intent to distribute and distributing cocaine, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 9, and November 16, 2011, the defendant sold approximately 13 grams of cocaine to a confidential informant working with the Federal Bureau of Investigation. 

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Shane Michael Aurand, 20, of Gowanda, NY, was arrested and charged by criminal complaint with production and distribution of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque who is handling the case, stated that according to the complaint, in March 2017, the defendant started communicating with an undercover law enforcement agent on the messaging application Kik. Aurand shared sexually explicit pictures of a seven-year-old child that he produced while babysitting the child at his house. The defendant also offered to send the undercover agent pictures of other children if he received child pornography in return.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on March 16, 2017, at 10:15 a.m.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jeannette Knightner, 35, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute; and to distribute; heroin within 1,000 feet of public housing authority property, was sentenced to time served by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that in June of 2014, the defendant agreed with Reginald Royal, Sr. to store heroin at a residence at 31 Olcott Lower in Lackawanna. On June 11, 2014, Reginald Royal, Sr. sold $100 worth of heroin to a confidential informant at Royal, Sr.’s residence at 1 Olin Lane which is part of the Baker Homes Public Housing Projects, a public housing facility owned by the Lackawanna Municipal Housing Authority. The heroin Royal sold to the confidential informant was retrieved from the defendant’s residence.

In addition, at the request of co-defendant Royal, Sr., on June 17, 2014, the defendant drove to Columbus, Ohio with another individual and purchased 23.5 grams of heroin for $2,200 that Royal, Sr. had provided to her. On June 18, 2014, as Knightner was driving back to New York, she and another individual were pulled over by the Erie County Sheriff’s Office near Angola, NY and the heroin was discovered in the defendant’s purse.

For his role, Reginald Royal, Sr. has been convicted and is scheduled to be sentenced on April 12, 2017.

Today’s sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie County Sheriff’s Office, under the direction of Timothy Howard.  

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

ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Marquis McMillian, 25, of Rochester, NY, who was convicted of drug distribution, firearms possession and use of violence and threats of violence, was sentenced to 25 years in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.  

Assistant U.S. Attorney Everado A. Rodriguez, who handled the case, stated that McMillian participated in a large and long term drug distribution conspiracy. The defendant admitted distributing over 280 grams of crack cocaine in the Rochester area.  McMillian also admitted that he possessed firearms during his drug distribution activities and that he used violence and the threat of violence during his drug dealing.

In a related prosecution, McMillian was previously convicted in state court following a jury trial of assault and attempted murder in connection with the shooting of two men in June of 2012. 

The defendant was indicted along with nine other individuals in February 2013 for their involvement in the violent drug distribution conspiracy which was based in Rochester and headed by co-defendant Tyshawn Simmons.  To date, nine defendants have been convicted including Simmons, who was convicted of committing murder in furtherance of the drug distribution conspiracy. Simmons is scheduled to be sentenced on April 4, 2017. 

Today’s sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, 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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Khiry T. Aiken, 26, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Judge Frank P. Geraci, Jr.  The charge carries 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 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 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; 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.

Sentencing is scheduled for June 12, 2017, at 3:30 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 Thomas Cox, 49, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, cocaine within 1,000 feet of a school or playground. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of life.  

“By openly operating what essentially was a drug market in such close proximity to a school, this defendant has earned himself the opportunity to receive a well-deserved extra-credit bonus when it comes to punishment in the event he is convicted of the crime with which he has been charged,” said Acting U.S. Attorney Kennedy. 

DEA Special Agent-in-Charge James Hunt stated, “Buffalo’s law enforcement agencies combined resources to arrest this alleged drug dealer responsible for fueling drug addiction and drug-related crime throughout our neighborhoods. Expediently, we identified and removed a threat in arms’ length of school children, putting them in harm’s way. Neither law enforcement nor our communities tolerate drug trafficking, and these arrests prove that by working together we send a message to traffickers that we will continue to weed you out.”  

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, in February 2017, law enforcement officers began an investigation into the cocaine, crack cocaine, and marijuana distribution activities of the defendant out of a residence at 45 A Street in Buffalo.

On March 3, 2017, officers conducted surveillance of the residence at 45 A Street and witnessed the defendant discussing the sale of cocaine with an individual. Cox was then observed getting into vehicle and driving a short distance to a residence at 325 Mills Street. After a few minutes inside, the defendant left the Mills Street residence and returned to the A Street residence. Cox was then observed selling a plastic sandwich bag containing a quantity of white powder that had been compressed into a chunk. The substance tested positive for the presence of cocaine.

A few days later, on March 8, 2017, officers once again surveilled the A Street address and noticed traffic coming and going from the residence. Cox was observed exiting the front door of the residence and traveling once again to 325 Mills Street. Once again, the defendant eventually returned to the A Street residence and provided cocaine to another individual.

On March 10, 2017, officers executed a search warrant at 325 Mills Street and discovered a small safe in the attic area which contained a substantial amount of United States Currency and a blue canvas bag containing two plastic baggies of suspected crack cocaine, a digital scale with drug residue, and numerous empty plastic sandwich bags.  A search of 45 A Street revealed a large quantity of small Ziploc bags commonly used for packaging crack cocaine. A DVR video recording system which recorded the interior and exterior of 45 A Street was also seized. The defendant was found inside 45 A Street when the search warrant was executed and arrested.  The residences at 325 Mills Street and 45 A Street are located within about 230 feet and 72 feet of Buffalo Public School 59, The Science Magnet School located at 50 A Street.

The defendant 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 Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Timothy Howard; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; and the Cheektowaga Police Department, under the direction of Chief David Zack.
 
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 Brett Schultz, 37, of Buffalo, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity, attempted enticement of a minor, and transferring obscene matter to a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life. 

Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on March 10, 2017, the defendant sent a message to what he believed was a 14 or 15 year old high school girl online. The individual was actually an undercover law enforcement officer. During an online conversation, Schultz asked: “You like older men? The undercover officer responded: “Hi, yes I do;-). Schultz then replied: “Nice well ill spoil you if your a good girl to me.” As the conversation continued, the defendant asked: So how old are you really? The undercover officer responded: “Ru gonna be mad? I'm not 18 yet. I'm almost 16 tho.” To which Schultz responded: “I'm not mad just don't want trouble.” In the afternoon of March 10, 2017, Schultz sent the undercover officer a naked picture of himself in a text message. The defendant also asked the undercover officer multiple times to send sexual pictures in return. 

On March 11, 2017, Schultz sent three more naked images of himself to the undercover officer and once again asks for an image to be sent to him in return. Later in the day, the defendant and the undercover officer made plans to meet the next day. During that conversation, the undercover officer said “our secret right?” Schultz replied: "Yes I don't want to go to jail i have a son a house and a life."     

A day later, on March 12, 2017, at approximately 7:10 p.m., Schultz pulled into the parking lot of a local coffee shop. The defendant was then approached and arrested by special agents with Homeland Security investigations.

The defendant was ordered detained following a detention hearing this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder. 
  
The complaint 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.
 
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.