Western District of New York

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Philip Brown, 24 of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 240 months in prison by U.S. District Judge Richard J. Arcara.
 
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between 2009 and January 23, 2012, Brown was an associate of the LRGP gang which operates primarily in the area of Lombard, Rother, Gibson, and Playter Streets in the City of Buffalo. It is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.

In April 2011, the defendant and others, while at 318 Sobieski Street in Buffalo, agreed that a member of the Cold Springs Gang, a rival criminal organization, should be murdered in retaliation for the killing of Alonzo Scott, one month earlier. Scott was the brother of LRGP leader Dewayne Gray. The individuals settled upon killing Amir Chambers, whom they believed to be associated with the Cold Springs Gang, and who had an ongoing social relationship with Alexis Mills.

After a failed attempt by Mills to poison Amir Chambers, it was agreed that co-defendant Fred Keys would kill Chambers by shooting him. Mills was to use her relationship with Chambers to get the victim to open his residence door. On April 20, 2011, the defendant, along with Mills and two others – Fred Keys and Timothy Finch - went to a residence at 111 Mills Street in Buffalo where they dropped off Keys and Mills. Chambers opened the residence door upon seeing Mills at which time Keys killed Chambers by shooting him in the head. Mills, for her part, kicked the victim in the head following the shooting to ensure that Chambers was in fact deceased. Keys later called 911 to report that there was a “body” at 111 Mills Street.

Philip Brown is the final defendant out of 17 individuals to be convicted and sentenced in this case.
 
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Office; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Green, 33, of Rochester, NY, who was convicted of being a felon in passion of a loaded firearm, was sentenced to 42 months in prison by U.S. District Judge Elizabeth A. Wolford. 

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on August 9, 2016, Green was arrested by United States Marshals and Rochester Police officers on Child Street in Rochester. The defendant was wanted on an outstanding bench warrant for an unrelated felony matter being handled in Monroe County Court.  At the time of his apprehension, Green was in possession of a Raven Arms .25 caliber pistol, loaded with one round in the chamber and six rounds in the magazine. 

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli; the United States Marshals Service, under the direction of Charles Salina; 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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Justin Griffin, 38, of Cheektowaga, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine, before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

Sentencing is scheduled for June 21, 2017, at 10:00 a.m. before Judge Skretny.

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 Dr. Xingjia Cui, 52, of Pittsford, NY, was arrested and charged by criminal complaint with health care fraud, money laundering and tax fraud. The charges carry a maximum sentence of 20 years in prison and a fine of $500,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, the defendant is employed full-time by the Canandaigua Veterans Administration Medical Center. In addition, Dr. Cui also maintains a private practice in Canandaigua, NY.

According to the complaint, the investigation began when the FBI was advised by the Ontario County Sheriff’s Office of a suspicious jailhouse telephone conversation regarding Dr. Cui and his drug prescribing habits. During the call, an inmate stated that the defendant prescribed controlled substances to area drug users without medical examinations. 

An analysis of billing records from multiple private health insurance companies showed that Dr. Cui claimed to be spending from 10 to 17 hours per weekend day providing individual therapy sessions through his private medical practice. However, video surveillance on multiple days over several months, showed multiple people visiting the defendant’s private practice on evenings and weekends but a vast majority stayed very briefly, and not long enough for Dr. Cui to provide basic medical services which is needed to support the matters being billed.
Subsequently, an undercover FBI agent posed as a patient on five occasions with Dr. Cui. The undercover agent paid cash at each visit, with the first visit costing $300 and the following visits costing $100. The first visit lasted approximately 23 minutes with the defendant asking the undercover agent several questions including family history and drug use but at no point did Dr. Cui conduct a physical examination or request a urine toxicology. The other four visits lasted between five and nine minutes.

The records of 30 of Dr. Cui’s patients with health insurance were obtained and a thorough review determined that, in the majority of instances, the defendant improperly billed the health care benefit programs for services that he did not provide.

For example, Sample Patient 1 (“SP1”), with insurance through Excellus, was seen by Dr. Cui between December 2014 and November 2015 for a total of 29 appointments. SP1 was interviewed by law enforcement officers and stated that his initial appointment with the defendant lasted approximately 20 minutes, but each subsequent appointment with Dr. Cui lasted less than five minutes. In addition, SP1 stated that he could not recall Dr. Cui performing a physical examination or taking a medical history, and that his appointments only consisted of Dr. Cui asking him if the medication was working. SP1 stated that the appointments were basically to pick up his prescription, and that no counseling or therapy was provided. SP1 indicated that he did not have a co-payment associated with his treatments, but that after five or six appointments, Dr. Cui informed him because he (Dr. Cui) was a smaller medical provider, he was “picked on” by the insurance companies, and would now have to charge SP1 $60 for his appointments. SP1 was not aware if Dr. Cui continued to bill Excellus for his appointments after he started paying Dr. Cui $60.00 cash for the visits. Based on a review of the records submitted by Dr. Cui to Excellus, it is alleged that the defendant defrauded the health insurance program by improperly billing for services he did not render, and by double billing the patient and the health insurance program for the same services.

The investigation determined that approximately 61% of Dr. Cui’s claims reimbursed by Excellus were fraudulent, totaling approximately $198,820.38. According to the complaint, Dr. Cui deposited the health care fraud proceeds into multiple personal accounts at Chase Bank and then transferred some of this money into a TD Ameritrade account. In addition, payments from other health insurance providers and large amounts of cash were also deposited, much of which likely pertains to co-payments or the full cost of an office visit paid out-of-pocket in cash by patients. This cash was not deposited along with checks into the Chase account as one would typically expect for a medical doctor’s private practice. Instead, the cash was deposited typically in $5,000 or $10,000 increments at a time.

Interviews were conducted with Chase Bank employees who were familiar with Dr. Cui. One employee recalled on one occasion Dr. Cui deposited exactly $10,000. The employee believed this was an attempt to avoid the currency reporting requirements.  The employee recalled that Dr. Cui would come in week after week with large amounts of cash, mostly in $20 bills. 

From approximately May 6, 2011, to March 30, 2015, Dr. Cui knowingly and willfully prepared, signed, and submitted false forms for the tax years 2010 to 2014. The defendant failed to report at least $381,447 of known income from his medical practice.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and was released. Dr. Cui is due back in court on May 24, 2017 at 9:30 a.m.

The complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Internal Revenue Service, Criminal Investigations Division, under the direction of Kathy A. Enstrom, Acting Special Agent-in-Charge, New York Field Office; the New York State Department of Financial Services, under the direction of Superintendent Maria T. Vullo; the New York State Medicaid Fraud Control Unit, under the direction of William Falk; and the Ontario County Sheriff's Office, under the direction of Sheriff Philip Povero.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey M. Patton, 27, of Rochester, NY, who was convicted of possession with intent to distribute heroin, was sentenced to 18 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on February 21, 2016, Patton was found inside an apartment at 1205 Jay Street in Rochester as parole officers with the New York State Department of Corrections and Community Supervision were attempting to locate a parole absconder. While searching the residence, parole officers observed a firearm on top of a bedroom dresser and also located a quantity of heroin on Patton’s person. Officers from the Rochester Police Department responded to the location and after securing a search warrant, discovered additional items of contraband consistent with heroin distribution.

The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli; the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; 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 Zaylik Harrison, 21, of Rochester, NY, pleaded guilty to sex trafficking of a minor, before U.S. District Judge Charles J. Siragusa. The charge carries minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine. The defendant will also have to register as a sex offender.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that between September 30, 2016, and October 6, 2016, Harrison recruited a teenaged girl to engage in commercial sex acts at the Gates Motel, on Buffalo Road in Gates, NY. The defendant then posted advertisements for the minor on Backpage.com. Harrison rented rooms in the motel where the victim was forced to engage in prostitution activities over several days with adult males. The defendant kept the proceeds of those activities. 

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; the Monroe County Sheriff’s Office, under the direction of Patrick O’Flynn; the Erie County Sheriff’s Office, under the direction of Timothy Howard; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County District Attorney’s Office, under the direction of Sandra Doorley; and the Erie County District Attorney’s Office, under the direction of John Flynn. 

Sentencing is scheduled for June 8, 2017 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 Sandor Lorant Felhazi, 32, of Hungary, pleaded guilty to attempting to re-enter the United States following a felony conviction, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on February 7, 2017, Felhazi attempted to enter the United States at the Rainbow Bridge port of Entry. The defendant was previously convicted in Georgia and Texas of felony theft, manufacturing false identification documents and tampering with governmental records. As a result, Felhazi needed permission to reapply for admission into the United States.

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

Sentencing is scheduled for June 21, 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 Thomas Cascio, 51, of Cheektowaga, NY, was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.  
 
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, on March 6, 2017 at approximately 1:09 p.m., an individual entered the Key Bank at 5200 Main Street in Amherst, NY. The individual, wearing a hard hat, safety vest, and eye protection goggles, approached a teller and passed a bank robbery note. The teller only recalls reading the word “Robbery” at the top of the note before the individual took the note back and told her to “Hurry up!” and “Don’t give me funny money!” The teller gave money to the individual who then departed the bank. Witnesses described the individual as having a distinctive beak like nose and gray hair.

The Amherst Police Department issued a high quality bank robbery surveillance photo to local media stations which aired the photo on the evening of March 6, 2017 asking for public assistance. On March 7, 2017, a total of eight people contacted either the Amherst Police Department or FBI identifying the robber as Thomas Cascio. In addition, there were numerous anonymous calls to the Amherst Police Department that identified Cascio as the bank robber.

In 2000, the defendant was convicted in federal court of four bank robberies and sentenced to 48 months in prison. In some of those robberies, Cascio’s movements were similar to his alleged movements on May 6, 2017, including taking the note back from the teller before leaving the bank.

In 2009, Cascio was convicted in state court of three bank robberies and served two years in prison.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.

The complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Amherst Police Department, under the direction of Chief John Askey; 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 David E. Rhoades, 36, of Goodlettsville, Tennessee, who was convicted of possession of a firearm as an unlawful user of a controlled substance, was sentenced to 15 months in prison by U.S. District Judge Lawrence J. Vilardo. 
 
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on August 28, 2016, the defendant attempted to enter Canada at the Peace Bridge Port of Entry. Rhoades was refused entry for possessing a loaded gun. The defendant was escorted by the Canada Border Services Agency back into the United States to U.S. Customs and Border Protection. The gun was a 9mm pistol for which Rhoades did not have a permit to carry. Drug paraphernalia, including a pill bottle with cocaine residue, a pipe, rolling papers with marijuana residue, and a scale, was also found in the car and seized by officers. As he was arrested, the defendant admitted being a cocaine user. 
 
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Rose Brophy; Director of Field Operations; and the Canada Border Services Agency.

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 Eric Hubbard, 34, of Stone Mountain, Georgia, pleaded guilty to being a felon in possession of a firearm before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on June 19, 2014, the defendant was walking down Genesee Street and was approached by a pair of Buffalo Police Officers. After refusing to show identification, the officers patted Hubbard down and detected a gun. A search revealed a 9mm semi-automatic handgun, and 13 rounds of ammunition. The defendant subsequently stated to the arresting officers that the gun was “his girl’s” and that he was carrying it to protect himself.

As a result of two prior convictions in the State of Michigan, the first in 2002 for breaking and entering, and the second in 2003 for attempting to break and enter and assaulting or resisting a police officer, the defendant is prohibited from legally possessing a firearm.

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

Sentencing is scheduled for June 21, 2017, at 9:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Debra Arno, 58, formerly of Amherst, NY, who was convicted of solicitation of interstate murder for hire, was sentenced to time served (21 months) by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that on May 26, 2015, the Kenmore Police Department received a tip about a murder for hire plan. On May 27, 2015, Kenmore Police, with the assistance of the East Aurora Police Department, identified the victims, who included Arno’s ex-husband and his current wife, and made them aware of the potential murder-for-hire plot.

On May 28, 2015, a search warrant was executed at the residence of co-defendant Lauren Frye, the person solicited by Arno to carry out the murders. Officers seized a number of items including multiple letters from Arno to Frye, photos of the intended victims, a diagram of their residence, and a schedule of their activities. In one letter written by Arno to Frye, Arno stated “I am enclosing $6000. I will give you an additional $14,000 upon completion. A total of $20,000. A man, his description and address enclosed, is to be eliminated or hurt. He lives with 2 other people. Both expendable (if there is an accident).”

During the search of Frye’s residence, officers also seized two cellular telephones and three shotguns. The cellular telephones revealed extensive text messaging between Arno and Frye. Arno repeatedly implored Frye to get the murder done.

Frye was also previously convicted and sentenced to 18 months in prison.

Today’s sentencing is the result of an investigation by the Village of Kenmore Police Department, under the direction of Chief Peter Breitnauer; the East Aurora Police Department, under the direction of Chief Ronald Krowka; and the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Liban Mumin Afrah, 42, of Ontario, Canada, who was convicted of possessing a visa secured by fraud, was sentenced to time served and a fine of $2,000 by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in 1996, the defendant, a Canadian citizen originally from Somalia, entered the United States from Canada and applied for asylum under the alias Ali Hussein Ali. Afrah claimed that he feared he would be harmed if he returned to Somalia because he is a member of the minority Reer Hamar tribe. At the time of the fraudulent asylum application, the defendant had already been granted asylum by Canada under his real identity and was residing in Canada. Afrah was granted a green card by the United States under the false identity Ali H. Ali and traveled between the United States and Canada using both his Canadian passport under his real identity and his fraudulently obtained United States green card. The defendant most recently renewed his green card under his fake name in June 2015.

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

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

BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Anthony Thompson, a/k/a Fresh Tone, 36, of Buffalo, NY, who was convicted of sex trafficking of a minor, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $399,000 in restitution to the victims in this case.
 
Assistant U.S. Attorneys Marie Grisanti and Trini E. Ross, who handled the case, stated that Thompson engaged in the sex trafficking of two adults and one minor, between November 2012 and September 2014. The defendant recruited and enticed the three victims to engage in commercial sex acts at his direction. One of the victims was recruited through social media. Thompson then advertised the availability of the victims on social media including “Backpage.com.” The defendant also required that some victims “walk the streets” in order to attract customers for commercial sex. As a result, Thompson received all the money earned from the commercial sex acts by the victims.

Thompson pleaded guilty in April 2016 just as a federal jury was to begin hearing evidence involving the charges against him. Some of that evidence included profane and degrading rap lyrics that the defendant wrote regarding women and prostitution as well as social media postings by Thompson which glorified the sexual exploitation of women. In one posting comparing the sale of women to the sale of narcotics, the defendant stated: “U can sell it n still have it after you sell it. It goes nowhere….u don’t have to re up, or u not riskin years n jail.” Acting United States Attorney Kennedy noted that 188 months in prison equals 15 and one-half years in jail. 

The sentencing is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Kevin Kelly; the Cheektowaga Police Department, under the direction of Chief David Zack; the Erie County Sheriff’s Department, under the direction of Timothy Howard; and the Western New York Human Trafficking Task Force. 

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 Lombardo, 25, of Lancaster, NY, who was convicted of possession and receipt of child pornography, was sentenced to 188 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that in May, 2014, a 15-year-old female reported to Lancaster Police that three or four years earlier when she was 12 or 13 years old, she was contacted on the social media site “Kik” by an unknown male calling himself “Chris Richardson.”  Victim 1 stated that “Chris Richardson” requested that she send him naked pictures. If she refused, Victim 1 said that “Chris Richardson” claimed he would post the pictures of her on the internet to exploit her. Victim 1 sent numerous naked pictures of herself to “Chris Richardson.” Victim 1 confided in another female who stated that “Chris Richardson” had also solicited pictures and was extorting her.

That female to Victim 1 about a male identified as “Dan” who would help her. Victim 1 was contacted by “Dan” who said she would help her if she hung out with him. Victim 1 agreed and chatted with “Dan” on a daily basis for several weeks. “Dan” also requested naked pictures and Victim 1 complied. Victim 1 and “Dan” eventually met in person and over the next few weeks had sexual contact several times. “Dan” asked Victim 1 for permission to record one of their sexual encounters which he would put on the internet and make money for her. Victim 1 is unsure if she was videotaped. Victim 1 stated that she told “Dan” her actual age.
On May 9, 2014, in a police photo array, Victim 1 identified the defendant as “Dan.” On that same day, police recovered several items, including a laptop, during the execution of a search warrant at Lomabardo’s Lancaster residence.

During a forensic analysis of the contents of the laptop computer, officers discovered images of a 13-year-old female (Victim 2). The images were sent to the defendant by phone. In a subsequent interview with Victim 2, she indicated that she met Lombardo on meetme.com. Victim 2 also indicated that the defendant identified himself as “Chris Richardson.”

The forensic analysis also revealed pictures of a 16-year-old female (Victim 3) who told police she also met the defendant on meetme.com. Victim 3 had sexual contact with Lombardo and also sent 30 to 40 naked pictures of herself to the defendant. 

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 Lancaster Police Department, under the direction of Chief Gerald Gill; and the Cheektowaga Police Department, under the direction of Chief David Zack.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Theodore Hines, 32, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine, before Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between June and August, 2014, the defendant sold crack cocaine to a confidential informant working with law enforcement officers. The purchases occurred within 1000 feet of the Gates Housing Projects in Lackawanna. 
 
Hines is one of 18 defendants arrested in a large scale drug trafficking operation that operated in and near the Gates Housing Project. To date, seven defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
 
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.

Sentencing is scheduled for June 21, 2017, at 9:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned a two count indictment charging Eli Clark, 25, of Buffalo, NY, with possession with intent to distribute crack cocaine and maintaining a drug-involved premises. The charges carry a maximum penalty of 20 years in prison and a $5,000,000 fine.

Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, during the early hours of October 21, 2016, a search warrant was executed at the defendant’s house on Crowley Avenue in Buffalo. Police recovered approximately 250 grams of crack cocaine inside Clark’s kitchen.

Clark was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is detained pending further proceedings on March 10, 2017, at 2:00 p.m.

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

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Butler, 42, of Buffalo, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on April 13, 2016, Butler was convicted in state court of one count of promoting a sexual performance by a child, and subsequently sentenced to 10 years probation. On July 19, 2016, an Erie County Probation Officer searched Butler’s residence and recovered two cellular phones with internet capabilities, which Butler was prohibited from having. A forensic examination determined that one phone contained over 300 images of child pornography, some of which depicted children under the age of 12, as well as images of violence.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.

Sentencing is scheduled for June 13, 2017 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 William Robert Rosica, 50, of Irondequoit NY, was arrested and charged by criminal complaint with stalking and unlawful access to a protected computer. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, following the victim (L.M.) decision to end a three-year relationship with Rosica in February 2016, the defendant set out on nearly a year-long campaign to harass and torment the woman.  Between March 2016 and February 28, 2017, the defendant targeted the victim with a barrage of harassing text messages, phone calls, and emails. In addition, the victim's work email account and online medical system had numerous unauthorized access attempts. Rosica also targeted the victim's ex-husband and co-workers.

The defendant made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on March 3, 2017, at 10:30 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, and New York State Police under the direction of Major Richard Allen.

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rudolph Dwight Hanchard, 39, a Jamaican national living in Buffalo, NY, pleaded guilty to bribery of a public official and attempt to possess with intent to distribute marijuana, before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Hanchard received mail parcels from California and Arizona that contained marijuana for sale in Buffalo. Among his associates was then-postal carrier Briana Fugate who ensured the delivery of the defendant’s packages. In addition to receiving his own parcels containing marijuana, Hanchard paid Fugate for more marijuana worth approximately $30,000. Fugate stole the marijuana from other mail parcels that were part of her delivery route. This arrangement spanned August to October 2015.

Fugate was convicted for accepting bribes to help deliver shipments of illegal drugs, distribution of marijuana, and delay of mail.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Adam S. Cohen; the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski; and 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 June 5, 2017, at 1:00 p.m. before Judge Vilardo.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Horace Garfield Tajah, 35, of Kingston, Jamaica, pleaded guilty to reentering the United States after a conviction for an aggravated felony before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque who is handling the case, stated that on January 23, 2013, the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry.  Tajah was in possession of a valid United States passport belonging to another individual and claimed to be an American citizen.  Standard database checks revealed that Tajah was an aggravated felon.  In 2010, Tajah was convicted in the Southern District of New York of multiple charges including drug, gun, and conspiracy to commit murder charges. The defendant was sentenced to 72 months in prison, and after serving his sentence was deported to Jamaica on December 28, 2012, and banned from the United States for life.

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

Sentencing is scheduled for June 5, 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 Jodia Campbell, 35, of Rochester, NY, who was convicted of transporting individuals across state lines with intent that the individuals engage in illegal sex acts, was sentenced to 60 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Tiffany H. Lee and Melissa M. Marangola, who handled the case, stated that in April 2013, Campbell transported an adult from New York to the State of New Jersey for the purpose of engaging in prostitution.

Campbell was arrested in April 2014 along with Laree Greggs and Jennifer Miller. Greggs and Miller have been convicted and were sentenced to 80 months and 70 months in prison respectively.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Child Exploitation 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 Leo A. Kronert, Jr., 66, of Frewsburg, NY, who was convicted of healthcare fraud, was sentenced to three years supervised release to include six months of home confinement and 100 hours community service by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay $59,449.00 in restitution.

Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant, then a full-time teacher at Salamanca High School and a part-time chiropractor in Salamanca, submitted false claims for payment to Medicare and private insurance companies seeking reimbursement for health care services allegedly provided in connection with his chiropractic practice. The fraudulent claims totaled approximately $92,000, and included bills for patient visits on dates during which Kronert was travelling out of the area and bills for an individual who did not reside in Western New York.

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

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 Yaacov Yosef Deutsch, a/k/a Jakob Deutsch, 48, of Vienna, Austria, was arrested and charged by criminal complaint with unlawful reentry of a removed alien and making a false statement to a federal officer. The charges carry a maximum penalty of five years and $250,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the complaint, on February 27, 2017, the defendant, who had previously been removed from the United States, attempted to enter the United States at the Rainbow Bridge Port of Entry without the consent of the Attorney General of the United States or the Secretary of Homeland Security.  Such consent and permission is required in instances in which a person has previously been deported or removed from the United States. During the process seeking admission to the United States, Deutsch also made false statements to a federal officer.

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 6, 2017, at 2:00 p.m.

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 and Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.

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

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

Buffalo, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Timothy J. Billings, 31, of Whitesville, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, 50 grams or more of a mixture and substance containing methamphetamine.  The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a $5,000,000 fine.

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

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

Sentencing is scheduled for June 1, 2017, before Judge Vilardo. 

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

Buffalo, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Caryl, 24, of Silver Springs, NY, was arrested and charged by complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of five years in prison and a maximum of 20 years in prison.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on February 14, 2017, the defendant began communicating on MeetMe.com, a social networking service, with a 23-year-old woman in Nashville, Tennesee. During the conversation, the two began to discuss Caryl providing the woman with $300 to have sex with her. The woman wrote, “just $300 and u do what u want to me.”  The defendant replied, “do you have a young girl who could join I’ll pay more...you into young girls”?  The woman responded, “as long as they r 18 and older”, to which Caryl replied, “Ya I meant younger I’ll pay 6000.” The woman replied, “I can’t put things in her mouth she gets sick she’s disabled.” The defendant went on to say, “show me your daughter” and then the woman allegedly sent a picture to the defendant. Caryl continued to press the woman to send naked pictures of her one-year-old daughter.

A MeetMe.com staff member identified the possible endangerment of a minor and illegal content and notified the National Center for Missing and Exploited Children (NCMEC). On February 24, 2017, NCMEC notified the FBI of the content which was traced to an IP address belonging to the defendant. Caryl was arrested this morning. 

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained pending a detention hearing on March 2, 2017, at 2:30 p.m. 

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. Additional assistance was provided by the Wyoming County Sheriff’s Office, Cheektowaga Police Department, and the Niagara County Sheriff’s Office.

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Abdoulaye Barry, 25, a legal, permanent resident from Guinea, was arrested and charged by criminal complaint with possessing a fraudulent passport and aggravated identity theft. The charges carry a minimum mandatory penalty of two years in prison, a maximum of 10 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the complaint, on February 26, 2017, the defendant was found at the Rainbow Bridge with a fraudulent United States Passport card.  That card, which contained the defendant’s photograph, bore the name and passport card number of another individual. Barry also had a fraudulent Ohio driver’s license bearing her photograph but the name of another individual, as well as a Florida Driver’s license bearing the name and photograph of another person.  Barry was also in possession of a debit and credit card matching the name on the fraudulent Ohio driver’s license.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending a detention hearing on March 7, 2017, at 11:00 a.m.

The criminal complaint is the result of an investigation by the United States Department of State, under the direction of Resident Agent-in-Charge William Ferrari, Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.

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

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, announced today that Alfredo S. DePina, 27, who was convicted of attempting to reenter the United States after having been deported subsequent to a conviction for an aggravated felony, was sentenced to 16 months in prison by U.S. District Judge Lawrence J. Vilardo.  DePina is a citizen of Cape Verde, an archipelago located about 400 miles off the western coast of Africa.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on August 23, 2016, the defendant attempted to enter the United States from Canada at the Amtrak Train Station, Niagara Falls Port of Entry. DePina presented identification to a U.S. Customs and Border Protection Enforcement Officer who conducted a primary electronic name query. The query and a subsequent fingerprint match confirmed that the defendant had been previously deported from the United States in August 2010 and barred for life after he was convicted in Massachusetts of inducing a person under 18 to have sexual intercourse.

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

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

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jason Jimenez, 38, Jessica Rosario, 36, and Ashley Walker, 32, all of Rochester, NY, were arrested and charged by criminal complaint with conspiracy to defraud the Internal Revenue Service and preparing fraudulent tax returns. The charges carry a maximum penalty of five years in prison and a $250,000. 

Assistant U.S. Attorney Melissa Marangola, who is prosecuting the case, stated that according to the criminal complaint, between 2012 and 2015, defendant Jimenez oversaw the tax preparation service “Fast Cash Tax.” Defendants Rosario and Walker were employed as tax preparers. Law enforcement officers were notified by some customers of the defendants that information, including earnings income, included on their tax returns was fraudulent and inflated which resulted in a higher tax return. 

The defendants made an initial appearance before U.S. Magistrate Judge Marian Payson. They were released and will return to court on March 24, 2017, for a status conference. 

The arrest was the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Kathy A. Enstrom.

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 Rose Smith, 66, of Buffalo, NY, pleaded guilty to possession with intent to distribute fetanyl, oxymorphone, oxycodone, and hydrocodone, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.

Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that on February 7, 2014, a search warrant was executed at the defendant’s residence on Littlefield Avenue in Buffalo. Officers recovered a large number of prescription pills, patches and two firearms. Subsequent analysis determined that the drugs and patches contained oxycodone, fentanyl, oxymorphone, hydrocodone, and marijuana. Smith admitted that she sold the majority of her own prescriptions of fentanyl and oxycodone to drug customers. The defendant also sold prescription narcotics she received from at least two other people.

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 Divison and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.

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

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that James Wilkie, 67, Remus Nowak, 47, of Buffalo, NY, and Fernando Rodriguez, 51, of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to possess with the intent to distribute and distribute over five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine. 

“Though we may be over 2,000 miles away from the Mexican Border, this case illustrates that the threat associated by the illegal flow of controlled substances over that border is very real even here in Western New York,” stated Acting U.S. Attorney James P. Kennedy, Jr. “The misery associated with the lives harmed by drugs flowing across the Southwest Border extends across the entire United States. We will remain vigilant in our  effort to stem that flow at every point along away.”
DEA Special Agent-in-Charge James J. Hunt stated, “Coordination was the key element throughout this two-day enforcement operation. The objective to identify those responsible for trying to bring nine million dollars’ worth of drugs into Buffalo was met, resulting in 48 kilograms of cocaine being taken off the streets.”

Assistant U. S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, in February, 2017, the Drug Enforcement Administration received information regarding the drug trafficking activities of the defendants. DEA agents identified Wilkie, Nowak and Rodriguez as members of a large scale cocaine distribution organization with direct connections to Mexico. Cocaine was smuggled into the United States from Mexico and eventually brought to Arizona and then distributed throughout the United States by various members of the organization. The complaint states that Wilkie picked up many kilograms of cocaine in Arizona and transported it to Buffalo on a number of occasions. Once, in Buffalo, Wilkie would give the cocaine to Nowak, who, in turn, would provide it to Rodriguez, for distribution throughout the area. Once distributed, the proceeds of the sale would be collected by Rodriguez and Nowak who would provide the money to Wilkie so that he could return it to the Mexican source.

On February 22, 2017, Wilkie was stopped by the Illinois State Police (ISP) in Collinsville, IL for driving with an obstructed license plate. A subsequent search of the vehicle revealed that it contained 48 kilograms of cocaine. Thirty kilograms were contained in a suitcase, while 18 kilograms were discovered in a duffel bag. Wilkie was arrested by the ISP. Subsequent investigation revealed that the 18 kilograms were destined for Buffalo, while the remaining 30 kilograms were destined for Chicago.

On February 23, 2017, a controlled delivery of 18 kilograms of “sham” cocaine was made by Wilkie to Nowak at a local hotel. During their meeting, Wilkie and Nowak discussed, among other things, Nowak’s ongoing relationship with the Mexican cocaine source of supply. At one point during the conversation, Wilkie opened the duffel bag to expose the 18 “sham” kilograms of cocaine. Following the conversation, Nowak took possession of the duffel bag containing the 18 “sham” kilograms of cocaine and exited the hotel room. As he exited the motel, Nowak was arrested by DEA agents.

Following that arrest, arrangements were made for Nowak to deliver the cocaine to defendant Rodriguez at an automotive shop on Kenmore Avenue in the Town of Tonawanda.  Once again, drug related conversation preceded the transfer of the 18 “sham” kilograms of cocaine from Nowak to Rodriguez.  Rodriguez was arrested in possession of the duffle bag. 

The defendants were arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained pending a hearing on February 28, 2017 at 10:00 a.m.

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 Drug Enforcement Administration, Fairview Heights, IL Resident Office, the Drug Enforcement Administration, Tucson District Office, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Erie County Sheriff’s Office, the Buffalo Police Department, the Niagara County Sheriff’s Office, the Niagara Falls Police Department, New York State Police Community Narcotics Enforcement Team, the Cattaraugus County Sheriff’s Department, the Niagara Frontier Transit Authority Police Department, the Hamburg Police Department, the Lackawanna Police Department, U.S. Border Patrol, Customs and Border Protection, Air and Marine unit, and the Cheektowaga Police Department.

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 Jared Brown, 20, of Niagara County, NY, has been sentenced to serve 24 months in prison by U.S. District Judge Lawrence J. Vilardo for violating the terms and conditions of his supervised release. The violation and sentence arose after Brown, in a 911 call to the Lockport City Police Department on December 26, 2016, threatened to kill then President-elect Donald Trump. 

According to Assistant U. S. Attorney Scott S. Allen, who handled the case, at the time of the 911 call, Brown was already serving a three-year term of supervised release, which followed a 15-month prison sentenced that the defendant served for previously threatening to kill former-President Barack Obama. 

The sentencing is the culmination of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson 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 a Megan McDonald, 36, of Irondequoit, NY, who was convicted of production of child pornography, distribution of child pornography and possession of child pornography, was sentenced to 15 years in prison and 10 years of supervised release by U.S. District Judge Elizabeth A. Wolford. 
 
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in March 2015, law enforcement officers interviewed Jason Cortese who advised that he had received images of child pornography from McDonald. A forensic review of images from Cortese’s iPhone recovered sexually explicit images of two prepubescent minors.

Cortese has been convicted of enticement of a minor and was sentenced to 135 months in prison. Cortese used the internet and a smart phone to persuade a 12-year-old minor to engage in sexually explicit activity.

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

On February 23, 2017, a controlled delivery of 18 kilograms of “sham” cocaine was made by Wilkie to Nowak at a local hotel. During their meeting, Wilkie and Nowak discussed, among other things, Nowak’s ongoing relationship with the Mexican cocaine source of supply. At one point during the conversation, Wilkie opened the duffel bag to expose the 18 “sham” kilograms of cocaine. Following the conversation, Nowak took possession of the duffel bag containing the 18 “sham” kilograms of cocaine and exited the hotel room. As he exited the motel, Nowak was arrested by DEA agents.

Following that arrest, arrangements were made for Nowak to deliver the cocaine to defendant Rodriguez at an automotive shop on Kenmore Avenue in the Town of Tonawanda.  Once again, drug related conversation preceded the transfer of the 18 “sham” kilograms of cocaine from Nowak to Rodriguez.  Rodriguez was arrested in possession of the duffle bag. 

The defendants were arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained pending a hearing on February 28, 2017 at 10:00 a.m.

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 Drug Enforcement Administration, Fairview Heights, IL Resident Office, the Drug Enforcement Administration, Tucson District Office, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly. Additional assistance was provided by the Erie County Sheriff’s Office, the Buffalo Police Department, the Niagara County Sheriff’s Office, the Niagara Falls Police Department, New York State Police Community Narcotics Enforcement Team, the Cattaraugus County Sheriff’s Department, the Niagara Frontier Transit Authority Police Department, the Hamburg Police Department, the Lackawanna Police Department, U.S. Border Patrol, Customs and Border Protection, Air and Marine unit, and the Cheektowaga Police Department.

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 a federal grand jury has returned a 10-count indictment charging John Nelson, 41, and Lawrence Russell, 39, both of Buffalo, NY, with conspiracy, possession with intent to distribute and distribution of cocaine and crack cocaine, and maintaining drug-involved premises. The charges carry a mandatory minimum penalty of 5 years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment, Nelson and Russell sold cocaine and crack cocaine over a two-year period from 2013 to 2015. At times, the defendants used a house on 14th Street on the West Side of Buffalo for their drug activities.

Nelson was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on February 24, 2017. Russell is currently in jail pending a state parole violation proceeding and will be arraigned in federal court on February 24, 2017.

The indictment is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.

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

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Bobby Bullard, Jr., 35, of Rochester, NY, was arrested and charged in a criminal complaint with theft by a government employee. The charge carries a maximum sentence of 10 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, the defendant used to work as a Mail Handler Associate at the U.S. Mail Processing and Distribution Center in Rochester. While employed, Bullard was seen rifling through packages that he was supposed to be sorting. Special Agents from the Postal Service’s Office of Inspector General conducted surveillance on three separate occasions and recorded Bullard taking packages containing smart phones off the sorting conveyor belt. Agents watched as the defendant covertly opened the packages, removed the smart phones inside, put them in his pocket, and then threw the empty packaging materials away. Agents recovered several cell phones from Bullard at the time of contact and also recovered the discarded packages. Bullard is no longer a Postal Service employee.

The criminal complaint is the culmination of an investigation by Special Agents of the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge is Monica Weyler.

Bullard made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and was released to the Irondequoit Police Department to answer outstanding traffic warrants. The defendant will return to Federal Court on March 21, 2017, at 9:00 a.m.

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 a federal grand jury has returned an indictment charging Michael Elder, 36, of Tonawanda, NY, with possession with intent to distribute 28 grams or more of crack cocaine and fentanyl, and maintaining a drug-involved premises. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the indictment, on November 3, 2016, the United States Probation Department and the Drug Enforcement Administration executed a search warrant at the defendant’s residence at 143 Edgewood Avenue in Tonawanda, NY. Officers recovered crack cocaine and fentanyl. The defendant was on parole for a previous federal conviction.

The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.

The indictment is the culmination of an investigation on the part of the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and Drug Enforcement Administration, under the direction of Special Agent- in-Charge James J. Hunt, New York Field Division.

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

# # # #

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr. announced today that Andre Jackson, 29, of Buffalo, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison.

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

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

Jackson is one of 28 individuals arrested as part of the Schuele Boys investigation. To date, 21 of those 28 defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Today’s plea is the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen,

Jackson will be sentenced on May 25, 2017, at 11:30 a.m. before Judge Vilardo.

# # # #

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Philip Vincent, 39, of Niagara Falls, NY, pleaded guilty to possession with intent to distribute crack cocaine, and possession of a weapon in furtherance of drug trafficking before Chief U.S. District Judge Frank P. Geraci. Jr. 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 Brendan T. Cullinane and George C. Burgasser, who are handling the case, stated that on December 2, 2014, the U.S. Marshals Violent Felony Fugitive Task Force encountered the defendant at his residence in Niagara Falls while looking for a fugitive. Officers searched Vincent’s 20th Street residence and discovered a .38 caliber revolver along with marijuana plants and crack cocaine.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, the U.S. Marshals Service, under the direction of Marshal Charles Salina, and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto.

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

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Armando Navarrete-Dominguez, 29, of Mexico, was arrested and charged by criminal complaint with illegally reentering the United States after a conviction for an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the complaint, on February 15, 2017, the defendant was taken into custody after a vehicle and traffic stop on Grand Island, NY. The complaint further states that when questioned by a Border Patrol Agent, Dominguez admitted that he is a citizen of Mexico and is illegally present in the United States.

Record checks revealed that the defendant was previously convicted in North Carolina of sexual exploitation of a minor and breaking and entering. Further, Dominguez was deported and removed from the United States to Mexico in 2009 after his convictions in North Carolina.

Dominguez made an initial appearance today before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing scheduled for February 22, 2017.

The criminal complaint is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman.

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

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Secchiaroli, 31, of Buffalo, NY, was arrested and charged by criminal complaint with distribution and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on December 28, 2015, an undercover law enforcement officer discovered 14 image files of child pornography online that depicted naked images of pre-pubescent girls. The files were traced to an internet address connected to the defendant.

On March 29, 2016, officers executed a search warrant at Secchiaroli’s residence and seized multiple electronic devices including two laptops and an external hard drive. A forensic examination uncovered 40 image files containing child pornography.

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

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction on the part 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.

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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 eight-count indictment charging Michael Rosier, 22, and Cody Kross-Rosier, 22, both of Lockport, NY, with bank fraud and conspiracy to commit bank fraud. The charges carry a maximum penalty of 30 years in jail and a $1,000,000 fine.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that according to the indictment, between January and March 2014, Rosier and Kross-Rosier conspired with others to execute a scheme to defraud seven federally insured financial institutions.

The scheme involved the use of existing bank accounts and the opening of new accounts in an effort to obtain or attempt to obtain money, services, and merchandise totaling approximately $123,000. The defendants floated checks between the accounts in an effort to prevent the financial institutions from discovering that the respective accounts contained insufficient funds to cover the checks deposited or written. On one occasion, in January 2014, Rosier and Kross-Rosier deposited a $100,000 check into an account Kross-Rosier had at Citizens Bank. The check was drawn on a closed account that Kross-Rosier had at Bank of America. Thereafter, Rosier, Kross-Rosier, and others attempted to obtain money and merchandise with the proceeds of the fraudulent check, including an attempted transfer of $5,000 to an E*TRADE account controlled by Rosier, and the attempted purchase of approximately $16,000 in merchandise from Men’s Wearhouse, in Amherst, NY.

The defendants will be arraigned on February 21, 2017, at 11:15 a.m. before U.S. Magistrate Judge Jeremiah J. McCarthy.

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

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

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CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Alexander Rivera-Santiago, 32, of Buffalo, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to 33 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on January 31, 2016, Buffalo Police officers on routine patrol attempted to pull over a vehicle in which the defendant was riding. After activating their lights and sirens, the vehicle fled from the officers, ran multiple stop signs, drove over sidewalks, and through a parking lot.

When the vehicle stopped, the driver and the defendant got out and attempted to flee on foot. Santiago was apprehended, and during a subsequent search, officers found six .22 caliber rounds in the defendant’s left pocket. They also found a .22 caliber revolver in the area from which the defendant fled. Santiago was previously convicted on felony charges in the State of Florida and is prohibited from legally possessing a firearm.

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

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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 Ronald Anthony McCarter, Jr., 25, of Lackawanna, NY, who was convicted of bank robbery, was sentenced to 27 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated on October 29, 2015, the Key Bank on Broadway Avenue in Lancaster, NY was robbed. An individual entered the bank, approached a teller and passed a note which demanded cash, no dye pack, and no sudden movements. Subsequent investigation identified McCarter as the individual based on bank surveillance photos.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction on the part of Special Agent-in-Charge Adam S. Cohen, and the Lancaster Police Department, under the direction of Chief Gerald Gill.

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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 Kevin DiMartino, 37, of Greece, NY, was arrested and charged by complaint with receiving, distributing and possessing child pornography. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on December 6, 2016, an undercover law enforcement officer discovered a video file containing child pornography on the internet. Further investigation determined that the video came from an email address belonging to the defendant. The officer also discovered that DiMartino made files available for download that contained the rape of children as young as five years of age and a ten-year-old child engaged in sex acts with other children.

In January 2017, a search warrant was executed at DiMartino’s residence. Among the items seized were a desktop computer, an external hard drive and a thumb drive. An analysis of the electronic items determined that they contained both child pornography and child erotica. The electronics contained approximately 23,000 images of child pornography.

The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released. DiMartino is due back in court for a status conference on March 9, 2017, at 9:30 a.m.

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 Greece Police Department, under the direction of Chief Patrick D. Phelan.

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 a federal grand jury has returned an indictment charging Waqar Ghumman, 27, and Mohsin Zamir, 31, with bank robbery, entering a bank with intent to commit a larceny, and bank larceny. The charges carry a maximum penalty of 25 years and a $250,000 fine.

Assistant U.S. Attorney Michael Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 8, 2016, the defendants robbed the Evans Bank located at 2800 Niagara Falls Boulevard in Tonawanda, NY. Ghumman and Zamir were aided by Nicholas Graham who drove the individuals to the bank in a 2007 Infiniti around 5:45 p.m. Graham remained in the vehicle and acted as both the lookout and the getaway driver.

During the robbery, Ghumman and Zamir were masked and wore nearly identical uniforms including dark tan jackets with hoods, dark colored baseball caps, dark colored masks, and tan pants. Once inside the bank, the defendants aimed BB guns, that appeared to be real pistols, at customers and employees telling them “get down on the ground and no one gets hurt,” “everyone wants to go home tonight,” “hands where I can see them,” and “don’t look at me.”

Following the robbery, law enforcement officers tracked Ghumman, Zamir, and Graham to the Scottish Inn Motel on Niagara Falls Boulevard. Officers found items at the motel including cash, clothing worn by the robbers, the BB guns, receipts for the purchase of the guns, and several identification cards.

Graham was detained at the motel, while Ghumman and Zamir fled. Graham was convicted and will be sentenced on April 20, 2016. Law enforcement officers continue to search for Ghumman and Zamir.

Today’s indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold.

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.

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CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y.-Acting U.S. James P. Kennedy, Jr. announced today that a federal grand jury has indicted Brian Donaldson, 50, of Webster, NY, and Pablo Ulloa, 33, of Rochester, NY, on a charge of conspiracy to possess with intent to distribute five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, the Drug Enforcement Administration received a tip regarding the drug trafficking activities of the defendants. On October 27, 2016, Hamburg Police conducted surveillance at a local motel where the defendants were staying. At approximately 9:15 p.m., Donaldson left the motel and was subsequently pulled over in a traffic stop by Hamburg officers. A search of the vehicle recovered a small quantity of methamphetamine, and a lock box which contained a much larger quantity of methamphetamine.

A search was then conducted of the motel room where Donaldson and Ulloa were staying. During that search, officers recovered more containers of methamphetamine, several cellular telephones, drug packaging materials, a scale and pipes.

The defendants will be arraigned at a later date before U.S. Magistrate judge Michael J. Roemer.

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

The fact that defendants have been charged with crimes are merely accusations and defendants are presumed innocent until and unless proven guilty.

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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 Daniel Volonino, Jr., 29, Ronald Lockwood, 43, and Michael Ingham, 23, all of Rochester, NY, were arrested and charged by criminal complaint with conspiracy to distribute and distributing oxycodone, a Scheduled II controlled substance. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, between October 2016 to January 2017, Lockwood was prescribed oxycodone by a health care provider. The prescription included 500 30 mg pills per month. Law enforcement officers received an anonymous letter stating that Lockwood was selling the oxycodone pills to “someone named Dan-last name unknown.”

As a result of this anonymous letter, the Drug Enforcement Administration and the New York State Attorney General’s Office began an investigation which included surveillance of Lockwood and the use of a GPS tracking device. A search warrant was also obtained for text messages on Lockwood’s cellular telephone.

During the investigation, defendant Volonino was identified as the buyer of the oxycodone pills. As a result, law enforcement officers began conducting surveillance on Volonino as well. During that surveillance, defendant Ingham was also identified as a member of the conspiracy.

The three defendants were arrested Thursday morning at which time 498 oxycodone pills were seized and a large amount of cash. In addition, a Cadillac Escalade driven by Volonino was also seized.

Volonino, Lockwood and Ingham made an initial appearance Thursday afternoon before U.S. Magistrate Judge Marian W. Payson and were released.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge, James J. Hunt, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the New York State Attorney General’s Office, Medicaid Fraud Control unit, under the direction of Eric Schneiderman.

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

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CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Nicolae Sarbu, of Romania, pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft before U.S. District Judge Richard J. Arcara. The bank fraud charge carries a maximum penalty of 20 years in prison. The identity theft charge carries a mandatory two-year sentence to be served consecutive to any other sentence imposed. In addition, co-defendant Marinela Unguru-Ducila, also of Romania, pleaded guilty to misprision of a felony which is punishable by a maximum of three years in prison.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between August, 2015, and November, 2015, Sarbu conspired with Unguru-Ducila and others to execute a scheme to defraud Bank of America. The defendants used skimming devices and cameras on 10 occasions at automated teller machines (ATM’s) in the Buffalo and Rochester areas and in Pennsylvania and New Jersey. Bank account information and personal identification numbers (PIN’s) were recorded without the true account holder’s knowledge or authorization and then used to make unauthorized withdrawals of cash from various ATM’s in the Western District of New York, Pennsylvania, and New Jersey. A skimmer is a device used to unlawfully record bank account information from a customer’s debit card when the card is inserted into an ATM. Defendant Sarbu also encoded the bank account information obtained by the skimmers onto magnetic strips on blank plastic cards and gift cards. Unguru-Ducila was present with Sarbu when he installed skimmers at multiple banks in North Tonawanda, NY and West Seneca, NY and failed to notify authorities about this felony crime.

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

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

Sarbu and Unguru-Ducila are scheduled to be sentenced on May 17, 2017, at 1:00 and 1:30 p.m. respectively, both before Judge Arcara.

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CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned and indictment charging James Smith, 25, of Niagara Falls, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

The defendant will be arraigned at a later date before U.S. Magistrate Judge H. Kenneth Schroeder.

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

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.

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CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y.-Acting U.S. James P. Kennedy, Jr. announced today that Christopher Whitford, 45, of Jamestown, NY, pleaded guilty to distribution of child pornography before U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Mary C. Baumgarten, who is handling the case, stated that on May 1, 2016, the defendant, using a peer to peer file sharing program, shared files with an undercover law enforcement officer. On June 23, 2016, a federal search warrant was executed at the defendant’s residence at 42 West 13th Street, Jamestown, New York, during which several items of electronic media were seized, and forensic analysis revealed images and videos constituting child pornography were stored on those items. The images and videos that the defendant previously shared with the undercover officer were among those images. Whitford had approximately 2405 images and 1188 videos constituting child pornography.

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 13, 2017 at 2:00 p.m. before Judge Wolford.

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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 C. Logel, 53, of Williamsville, NY, was arrested and charged by criminal complaint with wire fraud. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that in 2009, the defendant was convicted of wire fraud for defrauding two victims out of nearly $3,000,000 and sentenced to 48 months in prison. Logel told the victims that he invested their money in various businesses when he fact he used the funds for his own use.

According to the complaint, within months of being released from prison, Logel began to devise his next scheme. The scheme involved the alleged production, distribution, and sale of two skin and healthcare products: Nano Hydro Mist and Hot Ginger Muscle Rub. During the course of the scheme, the defendant made false representations regarding his ability to distribute and market these products. As a result, victims transferred funds to Logel which they believed would be used to ready the products for distribution and sale. The defendant did not, however, use the victims' money as promised. Rather, Logel used the vast majority of the funds for his personal use, including to pay personal expenses.

Logel appeared at a detention hearing this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.

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, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Kathy A. Enstrom.

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.

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