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 Rodney Courton, 48, and John Davis, 44, both of Buffalo, NY, pleaded guilty to obtaining controlled substances through fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of four years in prison and a $250,000 fine.

 

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between December 2013 and April 2015, co-defendant Brandon Coburn, a licensed nurse practitioner who is legally authorized to prescribe controlled substances, provided fraudulent fentanyl, oxycodone, oxymorphone, and amphetamine prescriptions to Courton, Davis, and eight other co-defendants. Those prescriptions, however, were not used for a legitimate medical purposes and instead were filled by the defendants and others and sold on the street in the Buffalo area. Courton and Davis filled a total of 34 of the fraudulent prescriptions.

 

To date, four defendants charged in this investigation 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 pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.

 

Courton is scheduled to be sentenced on May 17, 2017 at 12:30 p.m. Davis is scheduled to be sentenced on May 18, 2017 at 12:30 p.m., both before Judge Arcara.

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

 

 

ROCHESTER, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr., announced today that Faycal Taouzinet, 28, of Rochester, NY, who was convicted of receipt of child pornography, was sentenced to five years in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

 

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in June 2015, the mother of a 13-year-old minor advised the Rochester Police Department that her child was communicating with two men. According to the mother, one of the two men, Taouzinet, was a clerk at a local corner store. Officers reviewed the minor’s phone and uncovered texts between the minor and Taouzinet to include sexually explicit chats and chats where the minor had sent sexually explicit pictures to Taouzinet.

 

An officer, assuming the minor’s identity, engaged in texts with Taouzinet and arranged for a meeting to occur on June 22, 2015. The defendant did not show up at the arranged time but texted later and asked to meet. Taouzinet was observed by officers later that date and confronted and arrested.

 

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-Charge Adam S. Cohen.

 

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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 David B. Schmitt, 65, of North Tonawanda, NY, who was convicted of tax evasion, was sentenced to 30 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay restitution totaling $748,459.75.

 

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant owned and operated delivery businesses known as Three Kids Trucking Inc. and 1553 Harlem Road Inc. Between February 2010 and June 2013, while Schmitt owned and operated these businesses, he willfully attempted to evade and defeat the payment of a large part of federal employment taxes owed by 1553 Harlem Road Inc. The defendant did so by filing false forms with the IRS, having nominees open bank accounts to conduct business for the corporation, and creating a fraudulent trust for one of the corporations. The total loss to the IRS exceeded $500,000.

 

The sentencing is the result of an investigation by Internal Revenue Service, Criminal Investigation Division, under the direction of Kathy A. Enstrom, Acting Special Agent-in-Charge.

 

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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 Samuel Hernandez, of Dunkirk, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine, was sentenced to 27 months in prison by U.S. District Judge Elizabeth A. Wolford.

 

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between 2013 and June 10, 2015, law enforcement officers investigated a drug trafficking organization led by defendants David Jesus Pagan and Rafael Burgos, Jr. During the course of the investigation, it was determined that the defendants distributed multiple kilograms of cocaine throughout the Dunkirk area.

 

Hernandez was arrested in June of 2013 along with David Jesus Pagan, Burgos, as well as Javier Pagan, Jr., Alvin Torres, Jr., and Angel Pierluissi. Search warrants were executed at the time of the arrests at six properties which resulted in the recovery of more than seven kilograms of cocaine and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine.

 

All six defendants have been convicted in this case.

 

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Dunkirk Police Department, under the direction of Chief David C. Ortolano; the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace; the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb; and the Chautauqua County District Attorney’s Office, under the direction of Patrick Swanson.

 

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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 Roberto Leon, 24, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to possession with intent to distribute, and distribution of, heroin. The defendant faces a maximum term of 20 years in prison and a fine of $1,000,000.

 

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in September of 2015, the defendant sold a quantity of heroin to a Drug Enforcement Administration confidential source (CS) on two separate occasions.

 

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

 

Sentencing is scheduled for May 23, 2017, before Judge Vilardo.

 

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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 Isaac Kannah, 51, of Philadelphia, PA, who was charged in an October 2012 indictment with perjury and obstruction of justice, was arrested on January 10, 2017, by Immigration and Customs Enforcement, Homeland Security Investigations Special Agents in Philadelphia.  The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey and Trial Attorney Brenda Sue Thornton, who are handling the case, stated that the perjury and obstruction of justice charges involved alleged false testimony given by the defendant during a removal hearing of former Liberian warlord, George Boley, in May, 2011. According to the indictment, the removal proceedings centered on whether Boley had committed human rights violations during the Liberian Civil War in the 1990’s as the leader of the Liberian Peace Council (LPC), a warring and fighting faction.  Boley was charged with knowingly using and recruiting child soldiers to fight in the LPC and participating in the commission of extrajudicial killings.  In February 2012, Boley became the first individual to be removed from the United States for the use or recruitment of child soldiers.

During removal proceedings, Kannah appeared as a witness for Boley, providing testimony under oath to support Boley’s claims that neither he nor the LPC were involved in human rights abuses. The indictment alleges that Kannah gave false testimony on 11 different issues at the hearing, including whether the LPC used children in its armed forces, whether LPC fighters were equipped with guns, whether Boley was in the field with child soldiers, whether the LPC was a warring or fighting faction, and whether in 1994, Kannah himself coordinated the LPC’s attack on Gbarnga, Bong County, Liberia.

Kannah was arraigned before U.S. Magistrate Judge Jonathan W. Feldman and released on $25,000 bond. 

The indictment and arrest 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.

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 Robert Pritchett, 21, of Buffalo, NY, pleaded guilty to production of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of 30 years.
 
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in October of 2015, Robert Pritchett, utilizing the name “Jess Allen,” began communicating with Victim 1, a 17-year-old female from New Jersey, via text messages and chat messages over the internet. The defendant convinced her to travel to New York to live with him. Pritchett misrepresented his identity and made fraudulent promises regarding where she would live upon her arrival. On November 6, 2015, after picking up Victim 1 at the bus station, the two engaged in sexual activities, and then traveled to a motel in Tonawanda, NY.  While at the motel, Pritchett had Victim 1 engage in prostitution services and engaged in additional sexual activities with Victim 1. During the sexual activity, the defendant used Victim 1’s Apple iPhone to record some of the activity.  

Pritchett also engaged in online sexual communications and/or sexual contact with three other minor females. In June of 2014, using Kik, the defendant sent sexually explicit photographs by a 14-year-old female (Victim 2) from Buffalo. This then lead to communications with a 15-year-old female friend of Victim 2, also from Buffalo (Victim 3). Victim 3 went with the defendant to the Galleria Mall on July 3, 2014, in an effort to get the defendant to delete the pictures he had of Victim 2. While at the mall, Pritchett engaged in repeated sexual acts with Victim 3 inside a movie theater and near a loading dock of a department store.

Between November, 2013 and March, 2014, the defendant communicated with a 15-year-old female from East Aurora (Victim 4), using ooVoo, a video and instant messaging chat application.  During those communications, Victim 4 engaged in sexually explicit conduct while video chatting with the defendant. During the video chat, Pritchett created two screen shots that depicted Victim 4 engaged in sexually explicit conduct, and saved those screen shots to his cellular telephone.

The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam s. Cohen, Special Agent-in-Charge, along with Detectives from the Cheektowaga Police Department, under the direction of Chief David Zack.

Sentencing is scheduled for May 17, 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 Ritchie Juarbe, 26, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) conspiracy, was sentenced to 210 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant was a member of the Cheko’s Crew/7th Street Gang which was responsible for multiple acts of violence and the distribution of illegal narcotics on the West Side of Buffalo between 2000 and 2012. The narcotics included heroin, crack cocaine, cocaine, and marijuana.

On November 6, 2008 Juarbe and co-defendant Efrain Hildalgo went to Raquan Lloyd’s house where Hidalgo shot and killed Lloyd. After the murder, Juarbe discarded the murder weapon, throwing it into the Niagara River. Juarbe also participated in the August 11, 2009 murder of 10th St. Gang associate Eric Morrow.

A total of 18 defendants have been charged and convicted in the 7th Street case.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Steven Nigrelli, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan Benedict.

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 indicted Valentino Shine, Sr., 49, of Buffalo, NY, on charges of narcotics conspiracy, using and maintaining a drug-involved premises, possession of cocaine with intent to distribute, and commercial sex trafficking. The charges carry a maximum penalty of 20 years and a $1,000,000 fine. In addition, co-defendant Jesse Lewis, 46, is charged with narcotics conspiracy, using and maintaining a drug-involved premises, possession of cocaine with intent to distribute, being a felon possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime, which is punishable by a mandatory minimum five years in prison, a maximum of 20 years, and a $1,000,000 fine. Also, Brittany Wieand, 25, of Buffalo, is charged with commercial sex trafficking, which carries a penalty of up to 15 years in prison.   

Assistant U.S. Attorneys Trini E. Ross and Patricia Astorga, who are handling the case, stated that according to the indictment and a previously filed complaint, during the execution of a search warrant at Shine’s residence, law enforcement officers recovered crack cocaine and other drug paraphernalia. It is also alleged that Shine and Wieand ran a sex trafficking operation out of their Humboldt Parkway residence. The defendant provided or withheld drugs to coerce the victims to engage in commercial sex acts.  

On September 30, 2016, a search warrant was executed at the residence of Jesse Lewis on North Ogden Street in Buffalo. Officers recovered cocaine, other drug paraphernalia, and a firearm. Subsequently, on October 31, 2016, Niagara Frontier Transportation Authority police officers pulled over a car being driven by Lewis with Shine in the passenger seat. Officers recovered multiple bags of cocaine packaged for sale. In addition, Lewis and Shine each had $1,000 in cash.
 
Shine, Wieand, and Lewis are all being detained. 

The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rasheen Newkirk, 42, of Buffalo, NY, pleaded guilty to possession of heroin with intent to distribute and unlawful possession of a firearm and ammunition by a felon, before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 20 years and a $1,000,000 fine.

Assistant U.S. Attorneys Wei Xiang and Patricia Astorga, who are handling the case, stated that on December 11, 2013, Newkirk was arrested by Drug Enforcement Administration agents in Buffalo. A search of Newkirk’s house in Buffalo yielded, among other evidence, a quantity of heroin, 205 glassine envelopes, and a loaded Glock handgun. The defendant served a 112-month sentence for a previous federal firearm conviction and was prohibited from legally possessing any firearm and ammunition.

Newkirk pleaded guilty as jury selection was scheduled to begin for his trial tomorrow morning.

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

Sentencing is scheduled for May 15, 2017, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has found Justin Vazquez, 30, of Buffalo, NY, guilty of 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. Attorneys Michael J. Adler and Michael P. Felicetta, who handled the prosecution of the case, stated that on January 29, 2015, the defendant’s mother made a 911 call to Buffalo Police claiming that she was being held hostage by Vazquez in her residence on Madison Avenue in Buffalo. There were also two minors present in the home according to the mother.

When officers arrived, the defendant was in the shower. During a search of the residence, officers found a loaded semi-automatic assault rifle in Vazquez’s bedroom. On the bedroom door was a hand written sign that read “no trespassing or you will be shot.” Forensic testing determined that the defendant’s DNA was on the rifle.

The defendant was previously convicted on three felony charges of Criminal Contempt in State Court which prevented him from legally possessing a firearm.

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

Sentencing is scheduled for May 11, 2017, at 10:30 a.m., before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today Dr. Albert R. Cowie, 38, of Amherst, NY, who was convicted of obtaining controlled substances by fraud and health care fraud, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.

“The purpose in publicizing today’s sentencing is not to try to shame or embarrass anyone, including Dr. Cowie, who unlawfully uses or distributes this poison,” said Acting U.S. Attorney Kennedy. “Rather, the purpose is to remind everyone—no matter who you are, whether you are a doctor or a derelict—that each of us will eventually be held accountable for the choices we make. Some, those that we catch, must answer in the criminal justice system. Sadly, many that we don’t catch, must answer with their lives.  So my message today is that this Office will continue—with our law enforcement partners—aggressively to enforce the drug laws. We are not going to go away. Lives are at stake.  If you are using these drugs—no matter who you are—then you need to get help, because if you don’t, you will end up either dead or, if you’re lucky, in jail.”

DEA Special Agent-in-Charge James Hunt stated, “This sentencing highlights a doctor’s crime and a drug user’s insidious cycle of addiction. The issuance of prescriptions of controlled substances for non- medical purposes is a federal crime that furthers opioid addiction. DEA and our law enforcement partners will continue to identify those responsible.” 

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between January 2010 and March 22, 2014, the defendant, a practicing radiologist, wrote more than 200 illegal prescriptions for controlled substances such as Oxycodone, Percocet, and Hydrocodone. The prescriptions were distributed to an individual who then went to local pharmacies and had the scripts filled. The individual retained some of the controlled substances for personal use but returned the remainder of the narcotics to Cowie for his own use.

During a meeting between Cowie and a confidential witness, the defendant advised the witness to lie to insurance investigators about his alleged prescription fraud. The witness is quoted as saying to the defendant “okay so just say they were written for me even though they were written for you…is what you’re saying? Cowie replied “right.” 

As a result of the prescription fraud, Univera Health Care and HealthNow New York were fraudulently billed $20,482.83. 

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Bureau of Narcotic Enforcement, under the direction of NYS Health Commissioner Howard Zucker; and the Amherst Police Department, under the direction of Chief John Askey.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Troy Malecki, 48, of Williamsville, NY, pleaded guilty to possession of child pornography, depicting minors less than 12 years of age, before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

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

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

Sentencing is scheduled for May 17, 2017, at 2:00 p.m. before Judge Skretny.

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

Buffalo, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today Jason M. Smith, 36, of Tonawanda, NY, who was convicted of production of child pornography, was sentenced to 40 years in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on April 11, 2014, the Lancaster Police Department executed a search warrant at Smith’s residence on Byron Avenue in Tonawanda. During the search, officers seized external hard drives. Subsequent examination by the Western New York Regional Forensic Laboratory determined that the defendant was producing child pornography at his residence.

The investigation determined that between 2010 and 2012, Smith coerced Victim 1, who was less than 12 years old, to engage in sexually explicit conduct and produced a visual depiction of the conduct. The defendant was a friend of Victim 1’s father. Between July 2011 and September 2013, Smith coerced another individual, Victim 2, a 15-year old girl he met on MeetMe.com, to engage in sexual intercourse and took pictures of the conduct.  

In addition, the investigation determined that the defendant sexually assault at least five more underage female victims. A forensic review of Smith’s electronics devices recovered over 1000 images of child pornography.   

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr.; 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 six defendants pleaded guilty to illegal reentry charges before Chief U.S. District Judge Frank P. Geraci including:

• Joel Hernandez-Martinez, 29, of Mexico, pleaded guilty to illegal reentry after deportation following a felony conviction. The defendant, who worked at Don Tequila, faces up to 10 years in prison when sentenced on April 20, 2017, by Judge Geraci. 
• Miguel Sanchez-Ocampo, 40, of Mexico, pleaded guilty to illegal reentry after deportation after a felony conviction. The defendant, who worked at El Agave, faces up to 10 years in prison when sentenced by Judge Geraci at a later date.

In addition, the following four defendants pleaded guilty to illegal reentry after deportation and were each sentenced to time served. They are now in the custody of Immigration and Customs Enforcement (ICE) awaiting execution of prior removal orders entered against them:

•           Walter Lopez-Cabrera, 30, of Honduras, who defendant worked at Agave; •           Araceli Lopez-Martinez, 33, of Mexico, who worked at Don Tequila; •           Alejandro Valadez-Leon, 46, of Mexico, who worked at Agave; and
•           Eliel Sanchez-Ocampo, 34, of Mexico, who worked at Don Tequila. 

The pleas and sentencings 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 and the New York State Department of Taxation and Finance.

A former mayor of Dunkirk, New York pleaded guilty today to engaging in a scheme to defraud his mayoral campaign and supporters by stealing campaign contributions for his personal benefit, announced Acting Assistant Attorney General Kenneth A. Blanco of the Department of Justice’s Criminal Division and Acting U.S. Attorney James P. Kennedy Jr. of the Western District of New York.  

Richard L. Frey, 85, pleaded guilty to one count of wire fraud before U.S. District Judge Richard J. Arcara of the Western District of New York.  Sentencing is scheduled for May 11, 2017.   

According to admissions made in connection with his plea, from at least January 2003 through June 2012, Frey solicited and received several large campaign contributions from a number of area businesses and businesspeople and then, instead of depositing the donations into his campaign accounts, either cashed the checks for his personal use or deposited the checks into his personal bank accounts.  Frey admitted that he concealed the existence of these larger campaign contributions by not reporting or disclosing them on his campaign disclosure reports, as was required of local candidates for public office.  

FBI’s Buffalo Field Office and the U.S. Housing and Urban Development Office of Inspector General investigated the case.  Former Assistant U.S. Attorney John E. Rogowski and Assistant U.S. Attorney John Fabian of the Western District of New York and Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section are prosecuting the case.  

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

BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today former City of Dunkirk Mayor Richard L. Frey, 85, of Dunkirk, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to wire fraud involving a scheme to defraud his mayoral campaign and his supporters by stealing campaign contributions for his personal benefit. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney John D. Fabian and Department of Justice Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section, who are handling the case, stated that the defendant was the City of Dunkirk mayor from January 2002 until January 2012. During that time, Frey had substantial personal debt.

From January 2003, to June 2012, the defendant devised and executed a scheme to defraud the co-owners of a hospitality company that owned a hotel in Dunkirk and the owner of a food production company in Dunkirk by inducing them to make contributions to his mayoral and other political campaigns. After receiving checks from these individuals, Frey, rather than depositing the funds into a campaign or official account, simply spent them for his own personal benefit. The contributions totaled $54,361.30. In addition, Frey failed to report or disclose the contributions on his campaign disclosure reports, which is required of local candidates for public office.

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the U.S. Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Brad Geary.

Sentencing is scheduled for May 11, 2017, at 1:00 p.m. before Judge Arcara.          

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Theil, 53, of Corning, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on November 8, 2016, the FBI met with the Ithaca Police Department and a Cooperating Witness (CW). The CW told officers that through backpage.com, she came come to know a man from Corning, NY who had a sexual interest in children. A cellular telephone number provided by the CW traced back to the defendant.  A check of an FBI database determined that Theil worked for a manufacturing company and he attended an FBI Cyber briefing in the State of Kentucky involving his employment. At the briefing, the defendant provided the FBI with his contact information, including his cell number which matched the number provided by the CW.  

The CW told officers that the defendant showed her child pornography on his iPad, naked images of young girls, approximately seven or eight years old. In addition, the CW stated that Theil admitted to her that he had previously sexually abused his niece on multiple occasions when she was approximately 14 years old. 

The CW further stated that on another occasion, Theil asked her to facilitate a sexual encounter with a minor female. The CW arranged for an 18-year-old friend, who looked much younger, to meet with Theil in a hotel room in Ithaca, NY. The defendant paid the CW $1,200 for the session with the alleged 14-year-old. After the session, Theil contacted the CW and asked that she find a true minor female. In hopes of getting money, the CW fabricated a story that she babysat two sisters, ages eight and 12, and that she could facilitate the defendant having a session with the 12-year-old. The CW told officers she had no intention of providing a minor female because she found it inappropriate but hoped to steal money from Theil when he showed up anticipating the session. 

On December 15, 2016, search warrants were executed at the defendant’s residence in Corning, NY and at Theil’s lake house in Hammondsport, NY. Following the searches, a forensic examination of the defendant’s computer revealed 367 images of child pornography on Theil’s laptop.

The defendant made an initial appearance before U.S. Magistrate Judge John W. Feldman and was released. 

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the New York State Police, under the direction of Major Richard Allen, and the Steuben County Sheriff’s Department, under the direction of Sheriff James Allard.

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 Charles Newkirk, 33, of Buffalo NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to complaint, the defendant sold large volumes of heroin in the City of Buffalo. A confidential source made undercover purchases of cocaine from Newkirk on June 25, 2015, and July 7, 2015. Laboratory testing determined the drugs contained heroin and fentanyl.
The defendant made an initial appearance before U.S Magistrate Judge Michael J. Roemer.
The complaint is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.

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 separate indictments charging Camp Street Gang Members, Mario McGee, 36, and his brother, Tramell McGee, 34, both of Buffalo, NY, with possession with intent to distribute and distribution of cocaine. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that the defendants are members of the Camp Street Gang which operates in the Camp Street area of the City of Buffalo. Gang members are believed to be responsible for the distribution of illegal narcotics including cocaine. According to the indictments, Mario and Tramell McGee distributed cocaine between November 2015 and May 2016. 

The defendants were arraigned this afternoon before U.S. magistrate Judge Michael J. Roemer and are being held pending detention hearings scheduled for February 3, 2017, at 11:30 a.m., and February 6, 2017, at 11:00 a.m., respectively. 

The indictments are 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.

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 Agha Muhammad Khan Durrani, 27, of Pakistan, with violation of the Arms Export Control Act, violation of the International Emergency Economic Powers Act, and with making false statements during an attempt unlawfully to export merchandise consisting of weapons parts. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and previously filed complaint, on July 19, 2016, the defendant and his father, after unsuccessfully attempting to bring assault rifle accessories into Canada, were escorted by the Canada Border Services Agency (CBSA) to Customs and Border Protection (CBP) officers at the Rainbow Bridge. Durrani told a CBP officer that he and his father were going to Cabela’s Sporting Goods in Cheektowaga, NY to return the accessories and a scope purchased on July 18, 2016. 

The items specifically consisted of the following: •           Assault rifle rail systems
•           Assault rifle grips
•           Assault rifle mounting system
•           Assault rifle buffer system
•           Assault rifle stocks
•           Assault rifle hand guards
•           Assault rifle back up lights
Such items are included on the United States Munitions List and require a license to export.  Durrani did not have such a license.

During a secondary inspection, the defendant told a CBP officer he wanted to bring the assault rifle accessories back to Pakistan to be used for hunting and defending his family’s property and land.

Subsequent investigation determined that Durrani’s cellular telephone included photographs of multiple variants of assault rifles and hand guns and rifle components and accessories. There was also a photograph of a Nightforce BEAST 5-25x56mm F1 Riflescope on Amazon.com with the message, “This item does not ship to Canada.  Please check other sellers who may ship internationally.”

A check of the defendant’s email showed a series of messages with another individual dated July 14, 2016. This email chain showed that Durrani had a shipment of similar weapons accessories ready to be picked up in Thailand with a value of $10,800. In the email the defendant responded that he was currently in Canada and that he would have to pick his shipment up at a later date and time. 

While Durrani initially told CBP officers the weapon parts would only be used for personal use, the defendant later admitted that he sells guns, gun parts, ammo, and accessories in Pakistan through a business that he owns there. 

The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroder and ordered detained.

The indictment is the culmination 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 Director of Field Operations Rose Hilmey.

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 LRGP Gang Member Fred Keys, 53, of Buffalo, NY, who was convicted of RICO conspiracy and conspiracy to possess with intent to distribute and distribute 28 grams or more of crack cocaine, was sentenced to 360 months in prison, by U.S. District Judge Richard J. Arcara. In addition, LRGP Gang Associate Alexis Mills, 24, also of Buffalo, who was convicted of RICO conspiracy, was sentenced to 222 months in prison.
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, stated that between 2009 and January 23, 2012, Keys was an associate of the LRGP gang, an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms, which operates primarily in the area of Lombard, Rother, Gibson, and Playter Streets in the City of Buffalo.
In April 2011, the defendants 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 killing Alonzo Scott, in March 2011. 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 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, Keys, Mills, and others went to a residence at 111 Mills Street in Buffalo where they dropped off Fred Keys and Alexis Mills. Chambers opened the residence door upon seeing Alexis 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.
A total of 19 LRGP Gang members and associates have been convicted in this case.
The sentencings are 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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Shuja Alawdi, 40, of Buffalo NY, who was convicted of unauthorized use of food stamp benefits, was sentenced to six months in prison by U.S. District Judge Richard J. Arcara.  The defendant was also ordered to pay restitution totaling $124,406.

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

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

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

BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Tyrone Brown, 25, of Buffalo, NY, who was convicted of RICO Conspiracy in connection with two deadly shootings, was sentenced to 264 months in prison by Senior U.S. District Judge William M. Skretny.
According to Assistant U.S. Attorney Meghan A. Tokash, who handled the prosecution of this case, Brown was a member of the Bailey Boys Gang, a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street.
Through the course of the conspiracy of which he was convicted, defendant committed he following acts: • On January 11, 2011, the defendant shot and killed Harold McCain inside a store on Genesee Street in Buffalo.
• On June 14, 2011, defendant shot and killed Kevin Wilkins in a drive-by shooting on Minnesota Avenue in Buffalo.
• On November 9, 2011, the defendant, co-defendant Eddie Allen, and other members of the Bailey Boys Gang robbed several people at a house party on Rounds Avenue in Buffalo, and during the course of those robberies, defendant participated in the attempted murder of Omego Stafford who was shot and wounded.    
• On June 28, 2011, defendant and other co-defendants went to Shirley Avenue in Buffalo and opened fire on rival gang members. One person was shot and wounded.
• Between 2004 and April 23, 2013, defendant and other members of the Bailey boys Gang distributed cocaine in the territory controlled by the gang.
• As a result of the ongoing investigation into the Bailey Boys Gang, its members now stand accused of 4 murders, 14 attempted murders—including four drive-by shootings. The attempted murders include a shooting that occurred during a neighborhood party with numerous children present and a shooting that occurred during a robbery. A total of 11 were arrested, and to date, 8 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 sentence is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; the Buffalo Police Department, under direction of Police Commissioner Daniel Derenda; the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Special Agent in Charge Adam S. Cohen; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard; the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

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 Wendell Delgado-Sanchez, and Jairo Figueroa-Suarez, both of Puerto Rico, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 40 years in prison. In addition, Delgado-Sanchez pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime which carries a maximum penalty of life in prison.   

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that on March 5, 2015, the defendants sold a confidential source 71 grams of cocaine at an apartment on Dearborn Street in Buffalo. Later that same day, law enforcement officers executed a search warrant at the apartment and recovered 1,368 grams of cocaine in a safe and a Jiminez Arms, model J.A. Nine, 9mm luger pistol.

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

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

Jairo Figueroa-Suarez will be sentenced on May 11, 2017. Wendell Delgado-Sanchez is scheduled to be sentenced on May 15, 2017.  Both sentencings will occur before Judge Vilardo.

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

ROCHESTER, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Collalto, 50, of Fairport, NY, pleaded guilty to four violations of the Lacey Act (interstate transport or receipt of illegally taken wildlife) and was sentenced to four years probation, 300 hours of community service and ordered to pay a $5,000 fine by U.S. District Judge Charles J. Siragusa.
According to Assistant U.S. Attorneys Craig R. Gestring and Tiffany H. Lee, who handled the case, the defendant was a reptile enthusiast and collector who maintained a collection of snakes in his residence. In order to augment and improve his snake collection, Collalto would sometimes trade, barter, buy, or sell snakes and collect snakes in the wild and bring them back to his residence. The defendant’s conviction involves four specific incidents:  • Between April 30, 2011, and June 15, 2011, the defendant traveled from his home in Fairport to a large, regional reptile show and exhibition in Hamburg, Pennsylvania. Through a trade, Collalto received one Northern pine snake, a threatened species under New Jersey law which was taken illegally under the laws of New Jersey.
• Between May 1, 2011, and June 1, 2011, the defendant drove from Fairport to southern New Jersey and collected one gravid corn snake, an endangered species under New Jersey law.
• Between December 1, 2011, and December 20, 2011, Collalto received three California mountain kingsnakes, shipped by commercial parcel delivery service, that came from a supplier in Oregon. The snakes were collected illegally in Oregon.
• Between June 1, 2012, and July 1, 2012, the defendant drove from Fairport to southern New Jersey and collected one gravid Coastal Plains milk snake, a species of special concern under New Jersey law.

The plea and sentencing are the result of an investigation by the U.S. Fish and Wildlife Service, under the direction of Honora Gordon, Special Agent-in-Charge, Northeast Region.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Sanchez-Ocampo, 37, of Buffalo, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr., to conspiracy to unlawfully employ 10 illegal aliens in a 12-month period. The charge carries a maximum penalty of five years in prison and $250,000 fine.

Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated Sanchez-Ocampo was the manager of Don Tequila Restaurant on Allen Street in Buffalo. In that capacity, the defendant hired at least 10 illegal aliens to work at Don Tequila and other restaurants. 

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly and the New York State Department of Taxation and Finance.

Sentencing is scheduled for April 20, 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 John McNeill, 57, of Kenmore, NY, who was convicted of conspiracy to possess with intent to distribute methamphetamine, was sentenced to 57 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Thomas S. Duskiewicz, who handled the case, stated that the defendant, the former owner of Mixology Bar on Forest Avenue in Buffalo, received large shipments of methamphetamine from a source of supply in San Diego, CA. A package was intercepted by law enforcement officers on September 5, 2014, and a controlled delivery was made to McNeill’s Kenmore residence. The package contained ¼ kilogram of methamphetamine with a street value of approximately $38,000.     

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Cheektowaga Police Department, under the direction of Chief David Zack, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast. 

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Steven Martinez, 51, of Buffalo, NY, pleaded guilty to possession with intent to distribute more than 100 grams of heroin before U.S. District Judge Lawrence J. Vilardo. In addition, Jeffrey Coleman, 47, also of buffalo, pleaded guilty to conspiracy to possess with intent to distribute more than 100 grams of heroin. Both charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $5,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that Coleman was the courier of a heroin distribution conspiracy which brought heroin to Buffalo from New York City. Coleman was stopped on February 26, 2014, and found in possession of more than $65,000 in cash which was payment for the delivery of heroin. Within the currency was a note, written and signed by Martinez which served as a receipt for the delivery and an order for another delivery in the future. Martinez was also stopped and found in possession of more than $2000 and a small quantity of heroin.

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

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

Coleman is scheduled to be sentenced on May 11, 2017, at 2:00 p.m.; Martinez is due to be sentenced on May 15, 2017, at 10:00 a.m., both 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 Joshua Castro, 31, of Buffalo, NY, pleaded guilty to conspiracy to distribute controlled substances before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between February 2015 and January 28, 2016, the defendant conspired with others to possess and distribute “Molly,” a Scheduled I controlled substance. Castro sold “Molly” on three separate occasions (February 5, February 18, and March 25, 2015) to a confidential source.

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly and the Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.

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

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Kevin Allen, Jr, of Buffalo, NY, with assaulting federal officers and injuring government property. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.  

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that according to the indictment and a previously filed complaint, on November 1, 2016, the defendant, a fugitive, was driving a vehicle on Kilhoffer Street in Buffalo when two United States Deputy Marshals attempted to pull the vehicle over. Rather than comply, Allen rammed into the two vehicles being driven by the Deputy Marshals. The Marshals were not injured but the vehicles sustained extensive damage.

The indictment is the result of an investigation by the U.S. Marshals Service, under the direction of Marshal Charles Salina.

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.

Emanuel L. Lutchman, 26, of Rochester, New York, was sentenced to 20 years in prison and 50 years of supervised release for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.

 

Acting Assistant Attorney General for National Security Mary B. McCord, Acting U.S. Attorney James P. Kennedy, Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement. Chief U.S. District Judge Frank P. Geraci of the Western District of New York handed down the sentence.

 

“Emanuel Lutchman conspired with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Acting Assistant Attorney General McCord. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations. I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”

 

“This defendant was in direct personal communication with an individual who was an external attack planner and influential recruiter for ISIL in Syria,” said Acting U.S. Attorney Kennedy. “That individual is now deceased, but, while living, he acted essentially as a terror trainer to Emanuel Lutchman and others. Together the two discussed the defendant’s plan to conduct a murderous attack within the City of Rochester essentially as a means of establishing his value as a future terrorist for ISIL in Syria. Viewed in this context, it would be hard to overstate the danger that Lutchman presented.” Mr. Kennedy emphasized that, “As prosecutors, a significant part of the role we play is to protect the citizens in our community from the threats they face. This sentence accomplishes that.”

 

"Just over a year ago, we arrested Emanual Lutchman. It was a good day for Rochester, and for people everywhere who would felt the impact of Lutchman's violent acts," said Special Agent in Charge Cohen. "The days preceding Lutchman’s arrest were full of apprehension after Lutchman accepted a directive from Abu Issa Al Amriki – a known ISIL leader – to kill multiple Americans. Today ends the judicial process for this case, but the FBI continues to work hard to protect our communities.”

 

Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.

 

According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups. This included all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the U.S. and elsewhere.

 

In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar”; and contact information for the ISIL member and Al-Amriki.

 

On Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do.

 

Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon. Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the U.S., that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the U.S.

 

In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL. He also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.

 

Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible. Al-Amriki reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack, and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.

 

Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities. As they drove by a particular restaurant/bar in Rochester, Lutchman identified it as the target of the attack.

 

Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that many victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.

 

Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.

 

Lutchman has been detained in federal custody since his arrest on Dec. 30, 2015 by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF).

 

The investigation was conducted by the FBI’s Rochester JTTF. The case was prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.

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

WASHINGTON – Emanuel L. Lutchman, 26, of Rochester, NY, who was convicted of conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL), was sentenced to 20 years in prison and 50 years supervised released by Chief U.S. District Judge Frank P. Geraci.  
Acting Assistant Attorney General for National Security Mary B. McCord, Acting U.S. Attorney James P. Kennedy, Jr. of the Western District of New York and Special Agent-in-Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.
“Emanuel Lutchman conspired with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Acting Assistant Attorney General McCord. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations.  I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”
 “This defendant was in direct personal communication with an individual who was an external attack planner and influential recruiter for ISIL in Syria,” said Acting United States Attorney James P. Kennedy, Jr. “That individual is now deceased, but, while living, he acted essentially as a terror trainer to Emanuel Lutchman and others. Together the two discussed the defendant’s plan to conduct a murderous attack within the City of Rochester essentially as a means of establishing his value as a future terrorist for ISIL in Syria. Viewed in this context, it would be hard to overstate the danger that Lutchman presented.”  Kennedy emphasized that, “As prosecutors, a significant part of the role we play is to protect the citizens in our community from the threats they face. This sentence accomplishes that.”
"Just over a year ago, we arrested Emanual Lutchman. It was a good day for Rochester, and for people everywhere who would felt the impact of Lutchman's violent acts," said Adam S. Cohen, the Special Agent-in-Charge of the FBI's Buffalo office. "The days preceding Lutchman’s arrest were full of apprehension after Lutchman accepted a directive from Abu Issa Al Amriki – a known ISIL leader – to kill multiple Americans. Today ends the judicial process for this case, but the FBI continues to work hard to protect our communities."Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.”
Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups. This included all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the U.S. and elsewhere.
In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar”; and contact information for the ISIL member and Al-Amriki.
On Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do.
Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon.  Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the U.S., that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the U.S.
In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL. He also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.
Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible. Al-Amriki reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack, and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.
Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities. As they drove by a particular restaurant/bar in Rochester, Lutchman identified it as the target of the attack.
Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that many victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.
Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.
Lutchman has been detained in federal custody since his arrest on Dec. 30, 2015 by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF). 
The investigation was conducted by the FBI’s Rochester JTTF. The case was prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.

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 Tyrone Pennick, 40, of Amherst, NY, and Geneva Smith, 30, of Buffalo, NY, with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a minimum penalty of five years in prison and a maximum of 40 years.

Defendant Pennick is currently charged in a separate federal indictment for his role as the leader of a large-scale cocaine trafficking organization. In June 2014, Pennick was released under the condition of home incarceration.

Assistant U.S. Attorneys Joel L. Violanti and Laura A. Higgins, who are handling the case, stated that according to the indictment, on November 17, 2016, the Erie County Sheriff’s Office conducted surveillance in the area of Pennick’s residence at 489 Emerson Drive in Amherst. Investigators observed a female, later identified as defendant Smith, leaving the residence carrying an open-top, tote style bag and entering a bronze colored Ford Flex.

Investigators continued to monitor the vehicle and noted that Smith began watching the surveillance vehicle closely in the rearview mirror. Smith subsequently began driving in an erratic manor at which point the defendant was observed reaching to the backseat area and moving the tote bag to the front seat. Investigators activated their emergency lights and conducted a traffic stop of the vehicle. Smith was detained and investigators removed what appeared to be two containers containing suspected cocaine from the tote bag.

A search warrant was then executed at Pennick’s residence at 489 Emerson Drive. Investigators recovered a metal press, digital scale, packaging material, a box of rubber gloves, a plastic bag containing disposable dust masks, a vacuum sealer, a vacuum sealed bag containing $49,990 in U.S. currency concealed in the dishwasher and a plastic bag containing suspected cocaine weighing approximately one ounce concealed in a box of oatmeal. Pennick was then arrested.  

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

           The fact that a defendant has been charged with a crime is merely an accusation and the 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 Christopher Ridder, 45, of Albion, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorneys Stephanie O. Lamarque and Aaron J. Mango, who are handling the case, stated that according to the complaint, on September 3, 2016, two Medina, NY, residents found a Samsung Centura smart phone in the trash in front of 726 South Main Street, the former residence of the defendant. The following day, one of the individuals who found the phone charged it, began searching through it, and opened the Facebook application which automatically connected to Facebook account of the Ridder. The phone also had pictures on it of individuals that the person knew as well as 75 images of young boys in various states of dress (bathing suits, underwear, etc.). Some pictures contained naked images of different boys. The individuals who found the phone turned the phone into the Village of Medina Police Department.

Further review of the phone and its contents by law enforcement officers uncovered a Facebook Messenger conversation that took place between Ridder and another individual. During the conversation the defendant wrote "I seen a few boys already at bout 10-12 with nice 1il butts and bulge in shorts mmmmm." The conversation spanned a period of several days during which the two continued to discuss prepubescent boys.

Officers also discovered another Facebook Messenger conversation between the defendant and second individual. During that conversation, Ridder wrote, "I see boys all the time wishing I could love one (guy tht is) lol...I c very cute lil boys all the time at walmart.”

On October 18, 2016, an undercover officer logged into a Facebook account and contacted the defendant through Messenger. During the conversation, the defendant advised that he lived in Albion, NY and stated, when describing himself to the officer,  wrote, "im  very  down  to  earth... very open minded...biggest fantasy is to be with a bf laying on a blanket nude in the woods." The officer replied, "sounds like boy scout retreat." The defendant wrote back, "I been a boy scout... and yes... had a friend in it tht we messed around in our tent.. .I was 13 he was 12." The officerE replied, "that's wild, you ever still think about that now." Ridder then wrote, "Ya... I wish I can have tht chance again with a bf." As the conversation continued, the defendant told the officer, "Im a ped just like you. I know exactly how u get or feel...These laws... I hate them."

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer. Ridder is being held pending a detention hearing on February 1, 2017 at 11:30 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 Medina Police Department, under the direction of Chief Chad Kenward.

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 Adam Brzozowski, 23, of Queens, NY, who was convicted of conspiracy to import alprazolam, was sentenced to time served (approximately six months) and one year of supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Brzozowski and co-defendants Zhe Wang, and Kevin Szura, all UB students, imported shipments of pills or “bars” containing alprazolam, which is commonly known as Xanax, from Canada to Amherst, NY. In March 2016, law enforcement agents intercepted two packages addressed to Brzozowski that each contained nearly 3,000 Xanax bars. Wang and Szura ordered the drugs on dark net marketplaces via payment in bitcoins. The conspirators are estimated to have unlawfully imported upwards of 80,000 bars over the course of a year, which they largely sold locally.

Wang was convicted and sentenced to 24 months in prison. Szura has been convicted and is awaiting sentencing.

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

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

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Angelo Ocasio, 42, of Rochester, NY was sentenced to life in prison plus 10 years for his involvement in a violent drug trafficking conspiracy and for his involvement in a shooting and murder of Meosha Harmon at 137 Cameron Street in July 2009.  

According to Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola, who handled the prosecution of the case, Ocasio was charged along with 10 other defendants in connection with a long-term and violent narcotics trafficking ring in the City of Rochester headed by James Kendrick and his brother Pablo "Paul" Plaza. Angelo Ocasio distributed drugs for the organization, but his principal role was that of enforcer who used violence against rival drug dealers, disloyal workers and any other who posed a danger to the conspiracy or its members.  In late July 2009, Ocasio and one of his coconspirators Damion Colabatistto went to 137 Cameron Street looking to murder a rival drug dealer at that location.  When someone came to an upstairs window of the residence, Ocasio and Colabatistto fired a total of approximately 11 shots at the person.  As it turned out, the person at the window was Meosha Harmon who had moved into the residence after the targeted drug dealer had moved out.  Harmon, who was 21 years at the time of her death and the mother of two young children, died as a result of gunshot wounds to her head.

In addition to Ocasio, nine of his co-defendants have also been convicted of multiple drug distribution and firearms offenses.  Five defendants, in addition to Ocasio, have been convicted in connection with three other murders committed by members of the conspiracy. Francisco Santos was murdered in October 1998, his body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, N.Y. The second murder charged was that of their relative Ryan Cooper between May and July 1999.  Cooper’s body has never been found.  Finally, Jose Troche was murdered on January 14, 2010, in Rochester. After a six-week trial, James Kendrick was found guilty of various narcotics and firearms offenses and of the murders of Francisco Santos and of Ryan Cooper and sentenced to life in prison plus 30 years. Pablo Plaza was found guilty for the murder of Ryan Cooper and sentenced to life in prison plus 10 years. In sentencing both defendants, Judge Geraci found that they were also responsible for the murder of Jose Troche.

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

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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ian D. Goolsby, 40, of Rochester, NY, was convicted after a jury trial of possession of heroin with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, possession of a firearm and ammunition as a previously convicted felon, possession of a firearm with removed, altered and obliterated serial number, and unlawful possession of a controlled substance. The charges carry a maximum penalty of life in prison and a $2,000,000 fine.

Assistant U.S. Attorneys Charles E. Moynihan and Craig R. Gestring, who handled the prosecution of the case, stated that on March 11, 2015, an Elmira Police Department officer conducted a traffic stop of the vehicle Goolsby was driving. When speaking to the defendant, the officer smelled marijuana coming from the car and asked Goolsby about the odor. The defendant said that it was on his clothes and that he smoked it earlier. The officer asked Goolsby to exit the vehicle and, after some discussion, he complied. A passenger was also asked to exit the vehicle. Officers searched the car and found a small amount of plant material, which was later determined to be marijuana, between the passenger seat and passenger door, as well as on the driver’s side of the car. A brown Nike shoe box was also found on the passenger side floor, inside of which was a Ruger, Model P90, .45 caliber semi-automatic pistol. The serial number had been removed or obliterated. Officers also found a magazine loaded with six .45 caliber rounds of ammunition with the handgun.  

A further search of the vehicle uncovered a black insulated bag containing white, uncooked rice. Inside of this, they found 41 small wax-coated envelopes containing a white powdery substance with a stamp saying "dead man walking." A forensic chemist from the New York State Police Southern Tier Satellite Crime Laboratory examined one of the envelopes and concluded the white substance inside was heroin.
 
The trial verdict is the result of an investigation by Elmira Police Department, under the direction of Chief Joseph Kane and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.

Sentencing is scheduled for April 24, 2017, at 9:30 a.m. before Judge Charles J. Siragusa, who presided over the trial of the case.

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

ROCHESTER, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury convicted James E. Sandford, III, 28, of Penn Yan, NY, of possessing a stolen firearm, being a felon in possession of a firearm, and witness tampering. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine. 

Assistant U.S. Attorneys Brett Harvey and Frank Sherman, who handled the trial, stated that the defendant was initially arraigned on a criminal complaint in the Western District of New York on June 4, 2015. Subsequent to his arrest on the federal charges, Sandford attempted to intimidate and threaten a suspected witness against him by shouting to that individual: “I’m not going to be in jail long. I will see you on the outside you snitch,” with the intent to influence, delay or prevent the testimony of that suspected witness in the prosecution of defendant. 

Eventually, Sandford was charged in a superseding indictment which alleged that he distributed synthetic cannabinoids (designer drugs) between July 2014 and March 24, 2015, in the Penn Yan area. He was further charged with distributing such substances— and controlled substance analogues, which are designed to mimic the effects of controlled substances—both to individuals under the age of 21 and within 1000 feet of St. Michael’s School, a private elementary school in Penn Yan.  In addition, the superseding indictment alleged that on February 22, 2015, the defendant traded synthetic cannabinoids to a minor in exchange for a stolen Savage .410 double barrel shotgun. At the time, the defendant had two prior felony convictions preventing him from legally possessing a gun. Finally, the superseding indictment also charged him with witness tampering related to his statements to the suspected witness.

With the defendant contending that he did not know the substances he was distributing were illegal, the jury failed to reach a verdict on the drug charges against him.  The jury did, however, convict him of the two firearms charges and the witness tampering charge against him.

The guilty verdicts are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Penn Yan Police Department, under the direction of Chief Mark Hulse; the Yates County Sheriff’s Department, under the direction of Ronald Spike; and the Yates County District Attorney’s Office, under the direction of Valerie Gardner.

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 Angelo Loissaint, 42, and Jennifer Johnson, 41, both of West Babylon, NY, pleaded guilty to conspiring to commit mail and wire fraud before U.S. District Elizabeth A. Wolford for their role in a mortgage fraud scheme that victimized Flaherty Funding, a mortgage company located in Rochester, NY.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendants worked together to prepare false mortgage applications in the names of straw buyers and used fraudulent supporting documents. Loissant and Johnson worked together with another individual, against whom charges remain pending, to concoct the scheme to obtain mortgage loans from Flaherty Funding using fraudulent information. As a result of the scam, the defendants successfully obtained approximately $1,200,000 in loans, and sought an additional $900,000 for loans that ultimately did not close.

Sentencing for Loussaint and Johnson is scheduled for July 12, 2017, at 2:00 p.m., both before Judge Wolford.

Today’s pleas are the culmination of efforts by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Shelly Binkowski; the United States Postal Inspection Service, New York Division; and the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned two separate indictments charging Richard Leon Wilbern, 56, of Rochester, NY, with several felony crimes. In a two-count indictment, Wilbern is charged with the August 12, 2003, armed robbery of the Xerox Federal Credit Union which resulted in the death of Raymond Batzel. The charges carry a maximum sentence of life in prison. A second indictment charges Wilbern with the September 27, 2016, unlawful possession of a firearms by a previously convicted felon which carries a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that according to the first indictment, Wilbern entered the Xerox Federal Credit Union on the morning of August 12, 2003, carrying a large brief case and an umbrella wearing an FBI raid jacket, sunglasses, a United States Marshals badge, and a wig. The defendant then informed a credit union employee that he was present to conduct a security check. After encountering some resistance from the employee, Wilbern removed two firearms from the briefcase and informed the employee to retrieve cash from the teller station. As Wilbern began to lay other employees and patrons on the floor, he shot and killed Batzel near the front door of the credit union and then turned his aim to a second patron who had just entered the credit union.  Wilbern proceeded to shoot that second customer in the back as he turned and ran.  After the shootings, Wilbern returned to the front desk where he demanded and received a large amount of cash from the desk tellers. Wilbern then fled the scene, leaving behind the umbrella which was subsequently tested and discovered to contain his DNA.  

The second indictment states that Wilbern in 2016 possessed four firearms that he maintained at his girlfriend’s residence on Tubman Way in Rochester. Those weapons included:

• one Feather Industries Inc. Model AT-9, 9 mm rifle loaded with 25 rounds in the rifle magazine; • one Norinco SKS rifle loaded with 11 rounds of 7.62 x 39 caliber ammunition; • one SAA Model SA15 semi-automatic rifle along with two empty magazine clips; and 
• one Kel Tec model Sub 2000, .40 Smith and Wesson caliber rifle. 

Wilbern, who has two prior felony convictions, is prohibited under federal law from possessing any firearms. 

The defendant, who is currently being held without bail pending a detention hearing, will be arraigned on January 27, 2017, at 9:30 a.m. before U.S. Magistrate Judge Jonathan W. Feldman.

The indictments are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Webster Police Department, under the direction of Chief Joseph P. Rieger; the New York State Police, under the direction of Major Richard Allen; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the United States Marshals Service, under the direction of Charles Salina; and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley. 

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

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

ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Steven Choi, 41, of Rochester, NY, pleaded guilty to possession of child pornography before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum sentence of 10 years in prison.

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

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

Sentencing is scheduled for May 15, 2017, at 3:00 p.m. before Judge Wolford. 

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Elias Figueroa, 47, of Buffalo, NY, pleaded guilty to possession with intent to distribute more than 100 grams of heroin before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $5,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on February 26, 2014, law enforcement officers executed a search warrant at a residence on West Delavan Avenue. During the search, officers recovered more than 100 grams of heroin, drug packaging paraphernalia, and $4,000 in cash.

The charges against two other individuals who ware also arrested that day and are alleged to have been in the heroin distribution conspiracy which brought heroin to Buffalo from New York City remain pending.

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.

Sentencing is scheduled for May 10, 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 Tomas Figueroa, 31, and Julio Sanchez, 30, both of Buffalo, NY, pleaded guilty to possession with intent to distribute more than 100 grams of heroin before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a $5,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on February 26, 2014, law enforcement officers executed a search warrant at a residence on West Delavan Avenue. During the search, officers recovered more than 100 grams of heroin, drug packaging paraphernalia, and $4,000 in cash. Figueroa and Sanchez were arrested at the scene. Also arrested at the scene was a third co-defendant Elias Figueroa.

The charges against Figueroa and two other individuals who ware also arrested that day and are alleged to have been in the heroin distribution conspiracy which brought heroin to Buffalo from New York City remain pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing for Tomas Figueroa is scheduled for May 3, 2017, at 10:00 a.m., and for Julio Sanchez on May 4, 2017, at 10:00 a.m., both 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 Willie Griffin, 27, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute cocaine, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.

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

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

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

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

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

BUFFALO, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr. announced today that Darren Lockett, 37, of Niagara Falls, NY, pleaded guilty to burglary of a pharmacy before by 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 Patricia Astorga, who is handling the case, stated that on February 9, 2016, the defendant went to Macleod’s Pharmacy in Niagara Falls and hid in the basement of the building waiting for the pharmacy to close. Lockett was familiar with the physical layout of the pharmacy and also brought along a flashlight to see in the dark. Once the pharmacy closed, the defendant came out of the basement and stole 60 suboxone tablets, 500 diazepam tablets, and 500 clozapine tablets. 

Today’s plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division and the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto. 

Sentencing is scheduled for May 9, 2017, at 9:00 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 Jose Manuel Salazar Estrada, 38, of Mexico, pleaded guilty to illegally 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. Attorneys Stephanie Lamarque and Scott S. Allen, who are handling the case, stated that on December 7, 2016, Estrada was encountered at the Peace Bridge port of entry after getting lost and turning around on the bridge before reaching Canada. When he was initially questioned, the defendant claimed to be a citizen of the United States, born in Arizona. Standard record checks revealed that Estrada is a citizen of Mexico and had been deported from the United States on five prior occasions. The most recent deportation occurred in 2015, after the defendant was convicted in Arizona of conspiracy to transport illegal aliens for profit, an aggravated felony, and banned from entering the United States for life. 

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

Sentencing is scheduled for May 4, 2017, at 12:00 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 David Varner, 57, of Buffalo, NY, who was convicted of maintaining a drug involved premises, was sentenced to time served and three years of supervised release by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Timothy C. Lynch, who handled the prosecution, stated that between April of 2011 and April 3, 2013, the defendant allowed his co-defendants to utilize his apartment, which was located on the grounds of the Perry Housing Projects, to manufacture, possess, and distribute crack cocaine. Varner’s apartment was one of several locations on the grounds of the Perry Housing Projects in Buffalo, which were maintained by members of the conspiracy in furtherance of their drug trafficking activities.

On April 3, 2013, law enforcement officers executed search warrants at 124 Fulton Street and 305 Perry Street during which they recovered over 300 grams of cocaine base and 700 grams of powered cocaine as well as a firearm.  Varner was arrested in April 2013 along with 10 others. All defendants have been convicted.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Adam S. Cohen, Special Agent-in-Charge, the New York State Police, under the direction of Major Steven Nigrelli, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y. -- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Huzinec, 25, of Buffalo, NY, pleaded guilty to receipt of child pornography before U.S. District Court Judge Lawrence J. Vilardo. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the investigation began in December 2014 when the defendant shared photographs of children engaged in sexually explicit conduct on a peer to peer website. This conduct included the sexual abuse of children by adults and children engaging in sexual activity with other children.

On January 27, 2015, agents from Homeland Security Investigations executed a search warrant at Huzinec’s Marilla St. residence. Numerous items were seized from the residence including a laptop computer.  During the execution of the warrant, the defendant, an Assistant Scout Master, waived his Miranda rights and admitted that in January 2015, while chaperoning a Boy Scout camping trip, he took several sexually explicit pictures of a sleeping 16-year-old boy with his cell phone.

A subsequent forensic evaluation of the electronic evidence seized from the defendant’s residence determined that such evidence contained images and videos of child pornography, including the sexually explicit pictures of the sleeping child that the defendant had admitted to taking. In addition, law enforcement officers discovered that in November 2014, Huzinec enticed a 15-year-old boy, a former member of the defendant’s Boy Scout troop, to send him sexually explicit pictures by creating a fake email account and posing as a teenage girl. Those pictures were also found on the defendant’s computer.  As part of the plea agreement, the defendant admitted to the production of images of child pornography of the 15 and 16-year-old boys.

Sentencing is scheduled for April 27, 2017, at 12:30 p.m. before Judge Vilardo. 

The plea is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Roydel Nicholson, 64, of Rochester, NY, was convicted following a jury trial of mail fraud and international money laundering for his role as a money-mule in the Jamaican lottery scam, was sentenced by U.S. District Judge David G. Larimer to 87 months in prison. The defendant will also be required to pay restitution in the amount of $145,794.

Assistant U.S. Attorney John J. Field, who prosecuted the case, stated that between December 2012 and January 2014, Nicholson acted as a money-mule in the Jamaican lottery scam, which targeted the elderly and vulnerable. In this role, the defendant received packages of cash and bank checks via the U.S. mail totaling more than $145,000. The cash and checks came from a 95-year-old victim in California. Nicholson then forwarded some of the money to other members of the scam in Jamaica and elsewhere, and kept the remainder for himself.

The Jamaican Lottery Scam is a widespread fraud that targets the vulnerable elderly in this country. Typically, telemarketers based in Jamaica call victims while disguising their true telephone numbers using various techniques, tell the victims that they have won a multimillion dollar lottery prize, and tell them that in order to receive their winnings they need to send money to pay for taxes, fees, or other purported expenses. The victim is commonly directed to send the money to a U.S.-based person, the money-mule, who collects the money, takes a cut of the proceeds, and forwards the rest to the organizers of the fraud.  According to estimates published by news outlets, American victims have been sending approximately $300 million a year to Jamaica as a result of this fraud.

The sentencing is the result of an investigation by Inspectors with the United States Postal Inspection Service, acting under the direction of Shelly Binkowski, Inspector-In- Charge, Boston Division, and Special Agents with Immigration and Customs Enforcement, Homeland Security Investigations, acting under the direction of James Spero, Special Agent-In-Charge, Buffalo Division.