Western District of New York

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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that David Mura, 67, of Rochester, NY, who was convicted of failing to file federal income tax returns, was sentenced by U.S. Magistrate Judge Marian W. Payson to one year in prison. The defendant was also ordered to pay the Internal Revenue Service $300,636.82.

According to Assistant U.S. Attorney John Field, who handled the case, Mura worked as an investment advisor with local brokerage firms, and earned significant money in commissions and other income. Despite knowing that he was required to report such income, and pay taxes on it, the defendant failed to file any federal tax returns for 2009, 2010, 2011, and 2012.

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

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kenneth Cassidy, 50, of Brooklyn, NY, was arrested and charged by criminal complaint with wire fraud. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, between June 12, 2012 and December 21, 2015, the defendant opened approximately 117 fraudulent Lowe's Accounts Receivable (LAR) accounts throughout the United States using counterfeit checks.

Once an account was opened, the defendant made fraudulent purchases of goods at Lowe’s until the funds were depleted or Lowe’s closed the account. Of the 117 accounts, three were opened at stores in the Western District of New York and purchases were made at stores throughout the Buffalo and Rochester areas. Although the criminal complaint indicates a total loss totaling $1,750,000, it is now believed that the loss amount is $2,800,000.   

The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on January 18, 2017 at 11:30 a.m.

The complaint is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Kathy A. Enstrom, Acting Special Agent-in-Charge, New York Field Office, the New York State Police, under the direction of Major Robert C. Gregory, the U.S. Marshals Service, under the direction of Charles Salina, and Immigration and Customs Enforcement, Homeland security Investigations, under the direction of Special Agent-in-Charge James C. Spero,

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rafael Burgos, Alvin Torres, Jr., and Angel Pierluissi were sentenced by U.S. District Judge Elizabeth A. Wolford for their roles in a Dunkirk, New York area cocaine conspiracy. Burgos, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 75 months in prison. Torres and Pierluissi, who were convicted of possessing with intent to distribute and distributing cocaine, were each sentenced to 18 months in prison.

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

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

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

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Alexander Duarte, 23, of Buffalo, NY, who was convicted of discharge of a firearm in furtherance of drug trafficking and conspiracy to distribute heroin, was sentenced to 330 months in prison by U.S District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, stated that in June 2012, Duarte, co-defendant Jose L. Ramirez-Merced, and others sold heroin on the West Side of Buffalo. On July 15, 2012, the group planned a home invasion robbery targeting the residence of suspected heroin dealer Jose Rivera. However, the defendants and others invaded the wrong residence and stole cocaine and cash. 

As a result, Rivera began making threats against individuals in the group and attempted to kill one of the individuals known as L.B. In response, the group decided to murder Rivera. On July 31, 2012, Duarte and Merced obtained two guns and proceeded to a residence on West Avenue in Buffalo where they opened fire, killing Rivera and wounding a female.    

Merced was convicted and sentenced to 240 months in prison. 

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction Special Agent-in-Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.       

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

ROCHESTER, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Darnell Jerome, 20, of Rochester, NY, of making a false statement. The charge carries a maximum sentence of five years in prison and a fine of $250,000.

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

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

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

Sentencing is scheduled for April 21, 2017, at 10:00 a.m. before Judge Elizabeth A. Wolford, who presided over the trial.

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

Buffalo, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jordan R. Doane, 28, of Friendship, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, 50 grams or more of a mixture and substance containing methamphetamine.  The charge carries a minimum penalty of five years in prison and a maximum of 20 years, and a $5,000,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January of 2011 and November of 2012, the defendant conspired to manufacture and distribute methamphetamine. Doane engaged in the practice of “smurfing” (buying small quantities) at local pharmacies to get around restrictions on purchasing products containing pseudoephedrine, an important chemical necessary in the methamphetamine manufacturing process.

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

Sentencing is scheduled for May 2, 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 Ronnie Ortiz, 39, of Buffalo, NY, who was convicted of attempt to possess with intent to distribute cocaine, was sentenced to 14 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on July 18, 2016, the United States Postal Inspection Service obtained a federal search warrant for a postal parcel that was addressed to 14 Warren Avenue in Buffalo that was mailed from Canovanas, Puerto Rico. The search revealed that the parcel contained approximately nine ounces of cocaine.  The cocaine was removed from the package and replaced with sham cocaine and an electronic transmitter that would alert agents to the opening of the parcel was installed.

On July 20, 2016, an undercover U.S. Postal Inspector, acting as a mail carrier, delivered the parcel to Ortiz who signed for it and took it into the residence. Minutes later, the electronic transmitter indicated the parcel had been opened. Agents went into the residence and arrested the defendant. 

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

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Daryl Vandermark, 45, of Amherst, NY, who was convicted of conspiracy to import into the United States Alpha-PVP, was sentenced to 12 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that in July of 2015, Vandermark conspired with co-defendant Judi Strong to import Alpha-PVP into the United States from China. Vandermark and Strong ordered the substance online and had it shipped in two FedEx Express Mail packages to Strong’s residence in Amherst. Federal law enforcement officers intercepted the packages and performed a controlled delivery to Strong at her residence where she accepted delivery of the two packages. The two packages contained approximately 178 grams of Alpha-PVP. 

Strong was also convicted and sentenced to 12 months in prison.

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

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 Dr. Yusuf Siddiqui, 72, of Williamsville, NY, pleaded guilty to obtaining controlled substances by fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of four years in prison and a $250,000 fine.

Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that on October 13, 2016, the defendant, a physician licensed to practice medicine in the State of New York, wrote prescriptions for hydrocodone, a Schedule II controlled substance, and clonazepam, a Schedule IV controlled substance, to a patient that he had not examined. Siddiqui wrote the prescriptions with the expectation that he would receive a portion of the prescribed medication for his personal use. The defendant wrote the prescriptions at the request of the patient’s daughter whom Siddiqui knew was addicted to pain medication. The patient’s daughter was also a former employee of the defendant.

On October 13, 2016, Siddiqui picked the patient’s daughter up from her residence and gave her seven hydrocodone and seven clonazepam pills. Later that same day, the defendant drove the patient’s daughter to a pharmacy where she had the prescriptions filled. When the patient’s daughter returned to the car, Siddiqui asked her to return the hydrocodone pills that he had given her earlier in the day. The patient’s daughter asked the defendant if he wanted more pills and he responded, “Yes” and took 30 hydrocodone pills.

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 April 24, 2017, at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Robert Acker, 34, of Cheektowaga, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on September 1, 2016, the Federal Bureau of Investigation’s Violent Crimes Against Children Task Force executed a search warrant at the defendant’s residence and seized several electronic devices and DVD’s. Forensic examination determined that Acker was in possession of more than 7,000 images of child pornography, some of which depict prepubescent children less than 12 years of age, and some of which depict images of violence.

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

Sentencing is scheduled for April 20, 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 Elizabeth J. Schreiber, 37, of Scio, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, a mixture and substance containing methamphetamine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January of 2011 and late 2014, the defendant conspired to manufacture and distribute methamphetamine. Schreiber, in an effort to avoid restrictions on purchasing significant quantities of products containing pseudoephedrine—an integral ingredient in the methamphetamine manufacturing process, purchased only small quantities of such products at local pharmacies.  The practice is referred to as “smurfing.”
A total of 12 people have been arrested as part of this conspiracy, Schreiber is the seventh defendant to be convicted.
The conviction is the culmination of an investigation on the part of: the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Division; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.
Sentencing is scheduled for April 6, 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 Gerald H. Franz, Jr., 54, of Eden, New York, who was convicted of racketeering conspiracy, was sentenced to time served by Senior U.S. District Judge William M. Skretny.  He was further ordered to pay, jointly and severally with his codefendants, restitution in the amount of over $890,000.00.
Franz was the eighth and final defendant, of the twelve members of International Union of Operating Engineers, Local 17, AFL-CIO (Local 17) charged in a 2008 Superseding Indictment, to be convicted and sentenced.  Four Local 17 members charged in the Superseding Indictment were found not guilty following a jury trial. 
The Local 17 members charged were alleged to have acted, between January 1997 and December 2007, as a criminal enterprise by extorting and attempting to extort construction contractors doing business in Western New York.   Among those Franz and others extorted or attempted to extort were Zoldaz Construction, in connection with that company’s efforts to demolish certain homes in Buffalo and to perform work at the Dunkirk Landfill in Pomfret, New York, and the Wadsworth Golf Construction Company, in connection with that company’s golf course construction efforts in Orchard Park and Cheektowaga, New York. The acts of extortion and attempted extortion committed by Franz and Local 17 members included damaging the heavy equipment of one of the companies by pouring sand into the oil box of such equipment, and making various threats to employees and representatives of such companies.
Earlier this year in August, Local 17’s former president and business manager, Mark Kirsch, was sentenced principally to three years in prison by Judge Skretny.  At that time, Skretny noted how the Local 17’s activities had far-reaching consequences on the region.  “I think it set back the development of the Western New York business community for decades,” Skretny said. “It slowed good job opportunities instead of creating good job opportunities.”
The sentencing is the result of an investigation by the United States Department of Labor, under the direction of Special Agent-in-Charge Cheryl Garcia; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam Cohen; and the New York State Police, under the direction of Major Steven Nigrelli.

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 Kenya Brown, 41, of Rochester, New York, who was convicted of conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of cocaine and 280 grams or more of cocaine base (“crack” cocaine), and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 20 years and 8 months in prison and 5 years supervised release and ordered to pay a fine of $5,000 by U.S. District Judge Elizabeth A. Wolford.    He was further required to forfeit any interest in $303,355.00 in drug trafficking proceeds, along with 12 shotguns, 8 rifles, and 472 rounds of ammunition.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between 2006 and March 2012, Kenya along with his brother, Shawnta Brown, obtained kilogram quantities of cocaine, manufactured cocaine base from cocaine, broke down and packaged smaller quantities of cocaine and cocaine base for resale, distributed cocaine and cocaine base directly to others, operated drug houses where they directed and supervised lower-level members of the conspiracy who sold cocaine and cocaine base to others.  The Brown brothers were arrested March 9, 2012, when officers raided 2294 Clifford Avenue, 138 Strong Street, 29 Aberdeen Street and other locations in Rochester utilized by the brothers in their drug trafficking operation.  At these locations, officers seized more than 5 kilograms of cocaine, a quantity of cocaine base, firearms with ammunition, paraphernalia for the packaging, processing and weighing of narcotics, and receipts for gold and silver bars.  A few days later, officers raided a residence in the Town of Red Creek, Cayuga County, seizing more firearms, dozens of rounds of ammunition, $303,355 in U.S. currency, and over $23,000 in gold and silver bars and coins.  The investigation continued, and resulted in the arrest of Eric Contreras, 29, the California kilogram supplier on May 15, 2012, in Whittier, California.  On April 9, 2013, Contreras was sentenced upon his conviction in the Western District of New York for conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine to 188 months imprisonment.  Shawnta Brown, who was also convicted on conspiracy to possess with intent to distribute and to distribute cocaine and “crack” cocaine was recently sentenced to 20 years in prison.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Drug Enforcement Administration under the direction of Acting Resident Agent-in-Charge, William Reichard, with assistance provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent-in-Charge, James Burroughs, and the United States Marshal Service, under the direction of United States Marshal Charles Salina.

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 Kenya Brown, 41, of Rochester, New York, who was convicted of conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of cocaine and 280 grams or more of cocaine base (“crack” cocaine), and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 20 years and 8 months in prison and 5 years supervised release and ordered to pay a fine of $5,000 by U.S. District Judge Elizabeth A. Wolford.    He was further required to forfeit any interest in $303,355.00 in drug trafficking proceeds, along with 12 shotguns, 8 rifles, and 472 rounds of ammunition.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between 2006 and March 2012, Kenya along with his brother, Shawnta Brown, obtained kilogram quantities of cocaine, manufactured cocaine base from cocaine, broke down and packaged smaller quantities of cocaine and cocaine base for resale, distributed cocaine and cocaine base directly to others, operated drug houses where they directed and supervised lower-level members of the conspiracy who sold cocaine and cocaine base to others.  The Brown brothers were arrested March 9, 2012, when officers raided 2294 Clifford Avenue, 138 Strong Street, 29 Aberdeen Street and other locations in Rochester utilized by the brothers in their drug trafficking operation.  At these locations, officers seized more than 5 kilograms of cocaine, a quantity of cocaine base, firearms with ammunition, paraphernalia for the packaging, processing and weighing of narcotics, and receipts for gold and silver bars.  A few days later, officers raided a residence in the Town of Red Creek, Cayuga County, seizing more firearms, dozens of rounds of ammunition, $303,355 in U.S. currency, and over $23,000 in gold and silver bars and coins.  The investigation continued, and resulted in the arrest of Eric Contreras, 29, the California kilogram supplier on May 15, 2012, in Whittier, California.  On April 9, 2013, Contreras was sentenced upon his conviction in the Western District of New York for conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine to 188 months imprisonment.  Shawnta Brown, who was also convicted on conspiracy to possess with intent to distribute and to distribute cocaine and “crack” cocaine was recently sentenced to 12 years in prison.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Drug Enforcement Administration under the direction of Acting Resident Agent-in-Charge, William Reichard, with assistance provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Resident Agent-in-Charge, James Burroughs, and the United States Marshal Service, under the direction of United States Marshal Charles Salina.

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

ROCHESTER, N.Y. -- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Hoeub Chan, 35, of Rochester, NY, pleaded guilty to smuggling narcotics into jail, before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 10 years in prison and a fine of up to $250,000.

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

Chan’s incarceration stemmed from his conviction for conspiring to commit mail fraud for engaging in a scheme with others to defraud Rochester Electric and Gas by re-routing closed account payments. As a result of that scheme, the defendant obtained over $72,000, which he was ordered to repay.

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

Sentencing is scheduled for April 5, 2017, at 3:30 p.m. before Judge Geraci.

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Maria Agustin, 43, a native and citizen of Mexico, most recently of Elba, NY, pleaded guilty to reentry after deportation subsequent to an aggravated felony conviction (Rape), before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. 

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

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

The plea is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Michael Phillips, Buffalo Field Office Director and the Genesee County Sheriff’s Office, under the direction of Sheriff Gary Maha.

Sentencing is scheduled for April 4, 2017 at 10 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 Lauren Frey, 57, of Kenmore, NY, who pleaded guilty to being a felon-in-possession of a firearm, was sentenced to time served (19 months) by U.S. District Judge Richard J. Arcara.

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

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

During the search of Frye’s residence, officers also seized two cellular telephones and three shotguns. The cellular telephones revealed extensive text messaging between Arno and Frye. Arno repeatedly implored Frye to get the murder done. In a series of text messages exchanged on May 24, 2015, Arno, using cryptic texts, inquired as to when Frye’s “friends” were going to commit the murder. Frye responded: “There suppose to get a hold of me today I want it done no bullshit.”  Arno, using the nickname “Chickie,” responded: “Last day before everything changes! I need it done or else I am going to talk to them myself.”  Frye responded: “That’s fine I told them today was the deadline or its gonna get harder.”  Arno responded: “What is the big deal! 8 MONTHS! Today!  Do it yourself I don’t give a (expletive).”

Deborah Arno was convicted and is scheduled to be sentenced on March 8, 2017.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Oneil Quinones, 31, Jorge Quinones, 39, Edwin Sanchez, 31, Angel Sanchez, 49, Raul Ramirez Vargas, 43, and Miguel Manso, 46, all of Buffalo, NY, and Jose Rivera, 35, of Niagara Falls, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute heroin before Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and $10,000,000 fine. In addition, Ellis Colon, 32, of Buffalo, pleaded guilty to misprision of a felony and faces up to three years in prison. 

Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that the defendants were members of a gang known as the Loiza Boys which has been distributing heroin and cocaine on Buffalo’s West Side since at least 2006.

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

Oscar Romero has also been convicted and is scheduled to be sentenced on March 15, 2017. Josbel Garcia is scheduled to go to trial on January 3, 2017. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  
The pleas are the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.

The defendants are scheduled to be sentenced in March and April of 2017, all before Judge Skretny.   

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Terrance Williams, 45, 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 prescriptions to Williams and nine other co-defendants. Those prescriptions, however, were not used for a legitimate medical purposes and instead were filled by Williams and others and sold on the street in the Buffalo area. Willaims filled a total of 28 prescriptions including oxycodone, oxymorphone and fentanyl.

Williams is the second of the 11 defendants charged in this investigation to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for April 24, 2017, before Judge Arcara.

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

BUFFALO, N.Y. ‐ Acting U.S. Attorney James P. Kennedy, Jr. announced today that the Western District of New York Office recovered in Fiscal Year (FY) 2016, $85,638,249 as a result of wide‐ranging efforts in criminal, civil and asset forfeiture cases. As a result, $5,307,448 was given to victims of crime in the past year, while $2,066,693 was provided as aid to state and local law enforcement agency partners who worked hand in hand with the office on criminal cases, and more than $3,326,000 was collected in fines. As part of an effort to combat fraud, waste, and abuse directed against the government, the Office collected $74,053,099 in affirmative civil enforcement actions, which include proceedings involving health care fraud, government fraud, foreclosures, and more.

As Acting U.S. Attorney Kennedy characterized it, “while our Office is dedicated to the pursuit of justice at all costs, the fact that our Office took in $85,638,249—an amount which represents more than eight-and-a-half times the amount of money it took to operate our entire Office for the year—shows that we are doing so in what by any measure must be considered a remarkably efficient and cost-effective manner. Considering the fact that our Office employs about 108 people, our total recoveries equate to each employee in the Office individually recovering about $800,000.00 on behalf of the government, I’d say the American public is getting an astounding return on its investment. Not only did we succeed in recovering all of this money for the American taxpayers civilly, we did so while discharging, in the same exemplary manner, our obligation to enforce the criminal laws of the United States and to protect its citizens.” 

Kennedy further noted that over the past seven years, the United States Attorney’s Office for the Western District of New York has recovered and returned to victims, taxpayers and police agencies more than $407,000,000:

Fiscal Year 2010: $31,800,000
Fiscal Year 2011: $29,300,000
Fiscal Year 2012: $53,600,000
Fiscal Year 2013: $94,220,000
Fiscal Year 2014: $25,000,000
Fiscal Year 2015: $88,000,000
Fiscal Year 2016: $85,600,000

In addition to recovering funds, a total of 80 dangerous firearms and 30 firearm clips, along with ammunition were forfeited in FY 2016 as instrumentalities of criminal conduct in drug and violent gang cases, while 28 computers and electronic media devices—most related to child exploitation cases—were also forfeited.

“From big banks that originated and underwrote federally insured mortgage loans knowing that the borrowers failed to meet certain requirements, to defense contractors who supplied the military with counter-measure flares that used unapproved components, and from drug dealers, to unscrupulous businesspersons, to child predators,” Kennedy said, “our employees worked tirelessly, with our partners in law enforcement, to search high and low for those who sought to divert public funds or misuse property for their personal benefit.”  Kennedy specifically credited the work done by his Office’s Asset Forfeiture and Financial Litigation Unit, under the leadership of Chief Richard D. Kaufman and AUSA Kevin D. Robinson, and his Office’s Affirmative Civil Enforcement Unit, under the leadership of Civil Chief Mary Pat Fleming and AUSA Kathleen A. Lynch.

For further information, the United States Attorneys’ Annual Statistical Reports can be found on the internet at: http://www.justice.gov/usao/reading_room/foiamanuals.html.

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 Raymond Collazo, of Rochester, NY, who was convicted of possession with intent to distribute 100 grams or more of heroin, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 130 months in prison by U.S. District Court Judge Charles J. Siragusa. 

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Collazo led a Rochester-based drug organization in which large quantities of crack cocaine and heroin were processed, packaged and resold in various quantities in Rochester. The defendant and co-defendant Luis Abril utilized multiple locations, including 617 Ridgeway Avenue in Rochester, to store, process, and distribute the narcotics, and armed themselves while doing so.

On April 24, 2014, Collazo, Abril, and others were arrested after law enforcement executed multiple search warrants in Rochester, as well as at Collazo’s residence in Orlando, Florida. The defendant and Abril were taken into custody at 617 Ridgeway Avenue where officers seized over 12 grams of cocaine packaged for sale, 200 grams of heroin, three loaded handguns, one of which was stolen, dozens of rounds of ammunition, $2,466 in U.S. currency, and paraphernalia for processing, packaging, and distributing cocaine and heroin. 

In February of 2015, Abril, was sentenced to 120 months in prison.

The conviction is the culmination of an investigation by the Organized Crime Drug Enforcement Task Force, and included involvement by the part of Rochester Police Department, under the direction of Chief Michael Ciminelli, Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen,  Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.

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 Swyn B. Nelson, 48, of Rochester, NY, who was convicted of assault on a federal officer, was sentenced to 18 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that in the morning on October 5, 2016, a federal Court Security Officer was stationed inside the front entrance of the Kenneth B. Keating Federal Building at 100 State Street in Rochester. At that time, the defendant entered the front entrance of the federal building to report to the United States Probation Office. When the Court Security Officer asked for photo identification, Nelson threw his wallet and personal items into a tray in such a way that it caused some of the items to bounce out of the tray. The defendant stated that he was at the building to report to his Probation Officer. Nelson was asked to wait before entering the walk-through metal detector but did not comply with this order. As a result, the defendant was asked to walk through the metal detector a second time. Nelson did so and his personal items were then returned to him. At that time, the defendant raised his voice, stating, “I want to shout at you,” and then walked aggressively toward the Court Security Officer in a restricted area (which is marked off by stanchions, rope and a table). The Court Security Officer ordered the defendant out of the restricted area. Nelson then charged at the Court Security Officer and struck the Court Security Officer on the right side of the head with a closed fist. 

The sentencing is the result of an investigation by the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Debbie Buckley, 56, of Niagara Falls, NY, who was convicted of theft of government funds, was sentenced to three years probation by Senior U.S. District Judge William M. Skretny. The defendant also paid restitution totaling $15,120.00 prior to sentencing.   

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that Buckley served as Supervisor of Title I, Office of Federal and State Programs for the Buffalo School District. Title I is a federally funded program that provides assistance to school districts with high numbers of children from low income families. In March 2010, Buckley was promoted to Assistant Superintendent of Federal and State Programs.
 
In June 2009, the defendant met with a representative of the Universal School which moved into the City of Buffalo. During the meeting, Buckley asked for and was provided blank Universal School letterhead signed by the representative. The defendant indicated the letterhead would be used to include the Universal School with other non-public schools to increase resources available.
 
Subsequent investigation revealed that the Universal School letterhead was used to prepare a fraudulent letter purportedly written by the school representative. The letter, addressed to Buckley, requested an individual to administer the Title I computer assisted program at the Universal School during the 2009-10 school year. The letter was not written by the school representative, and, in fact, the Universal School did not have a Title I computer assisted program.

Subsequently, a fraudulent contract was prepared assigning an individual identified as Hassan El Saddique to provide Title I assistance at the Universal School. El Saddique, who is Buckley’s son, never provided such assistance to the Universal School, instead El Saddique worked on a volunteer basis a few hours a week at a different school, Bishop Timon High School. Nevertheless, Buckley’s son submitted to the Buffalo School District for the period of September 8, 2009, through June 30, 2010, weekly invoices seeking full-time payment based on the fraudulent contract. Some of these invoices included payment for days on which school was not even in session. 
 
Buckley changed the approval process by which a contractor was paid for Title I services provided in non-public schools. The defendant eliminated the need for a signature from an official at the non-public school. Buckley did this so that she could sign the fraudulent invoices submitted by her son authorizing the payment of the invoices. The dates of some of these invoices coincide with the period during which Buckley was promoted to Assistant Superintendent.
 
El Saddique received 18 paychecks from the Buffalo School District totaling $15,120. Of those paychecks, 13 were deposited into two union accounts controlled by Buckley for a total of $10,320 and another check was cashed using one of those accounts.
 
Hassan El Saddique was convicted of theft of money in control and possession of a bank, sentenced to one year supervised release and ordered to pay $15,120.00 in restitution.
    
Today’s 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, and the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent-in-Charge Geoff Wood.   

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 Eddie Allen, 27, of Buffalo, NY, who was convicted of RICO Conspiracy in connection with a deadly shooting, was sentenced to 121 months in prison by Senior U.S. District Judge William M. Skretny.

According to Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the prosecution of this case, Allen 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.

• On July 9, 2011, the defendant traveled to Genesee and Guilford Streets, territory controlled by rival LRGP Gang members. Allen fired into a group of individuals who he believed were LRGP members. Three men were struck, two survived. The third individual was paralyzed and died seven months later.   
 
• On November 9, 2011, Allen, and other members of the Bailey Boys Gang robbed several people at a house party on Rounds Avenue in Buffalo. During the course of these robberies, the defendant shot and wounded an unarmed man who was lying on the ground.

As a result of the ongoing investigation into the Bailey Boys Gang, members now stand accused of four 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 12 were arrested and to date, eight defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.          

Today’s sentencing 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 Acting District Attorney Michael Flaherty, 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 Amber Crouse, of Salamanca, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin, was sentenced to time served (17 months) by U.S. District Judge Elizabeth A, Wolford.

In addition, Crouse’s co-defendant, Carlos Laboy, pleaded guilty to conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin, also before Judge Wolford. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the prosecution of the case, stated that between February 2013 and February 2015, Crouse and Laboy participated in a heroin conspiracy. The two defendants sold heroin to confidential sources including one individual who claimed that Crouse and Laboy sold heroin to the individual every day for one year.

On February 5, 2015, a search warrant was executed at a residence on Gorton Street in Buffalo. Crouse and Laboy were both present. Officers recovered numerous baggies that contained heroin residue and three cellular telephones. One of the cellular telephones was a number that the confidential sources would contact to set up drug transactions.    

The sentencing and plea 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.

Carlos Laboy will be sentenced on March 14, 2017, at 2:00 p.m. before Judge Wolford.

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

ROCHESTER, N.Y. -- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Shawnta Brown, of Rochester, NY, who was convicted conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine, and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 152 months in prison by U.S. District Court Judge Elizabeth A. Wolford. The defendant was also ordered to forfeit any interest in $303,355.00 in drug trafficking proceeds, and 12 shotguns, 8 rifles, and 472 rounds of ammunition.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that between 2006 and March 2012, Brown, along with his brother Kenya Brown, obtained kilogram quantities of cocaine and manufactured crack cocaine. The two then broke down, packaged and distributed smaller quantities of cocaine and crack cocaine for resale. Shawnta and Kenya Brown also operated drug houses where they directed and supervised lower-level members of the conspiracy who sold cocaine and crack cocaine to others.

The brothers were arrested March 9, 2012, when officers raided 2294 Clifford Avenue, 138 Strong Street, 29 Aberdeen Street and other locations in Rochester utilized by the brothers in their drug trafficking operation. At these locations, officers seized more than five kilograms of cocaine, a quantity of crack cocaine, firearms with ammunition, paraphernalia for the packaging, processing and weighing of narcotics, and receipts for gold and silver bars. A few days later, officers raided a residence in the Town of Red Creek in Cayuga County and seized more firearms, dozens of rounds of ammunition, $303,355.00 in U.S. currency, and over $23,000 in gold and silver bars and coins.

Also arrested during the investigation was Eric Contreras, the California kilogram supplier. Contreras was convicted and sentenced to 188 months in prison. Kenya Brown   was also convicted and is scheduled to be sentenced December 28, 2016.

Today’s sentencing is the culmination of an investigation on the part of the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in- Charge James J. Hunt. Additional assistance was provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict and the United States Marshal Service, under the direction of United States Marshal Charles Salina.

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 James Kendrick, who was convicted by a federal jury of the murders of Francisco Santos and Ryan cooper, conspiracy to possess with intent to distribute and to distribute large quantities of illegal narcotics, and possession of a firearm in furtherance of the drug conspiracy, was sentenced to life in prison plus 30 years by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola, who handled the prosecution of the case, stated that Kendrick and his brother Pablo "Paul" Plaza, spearheaded a long term, violent narcotics trafficking ring in the City of Rochester between 1993 through and including March 2011. To protect the conspiracy and its members from other drug dealers and those deemed to be disloyal workers, Kendrick, Plaza and others in the conspiracy resorted to violence including beatings and murder.  

Specifically, Francisco Santos, a/k/a “Cisco,” was murdered in October 1998. Santos’ body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, NY. Santos was a worker for Plaza and Kendrick and was murdered because the defendants believed he betrayed the organization by stealing drugs, cash and guns. Kendrick and Plaza initially retaliated by conducting a drive-by shooting at the residence of Santos’ father, step-mother and sisters, who were four and six years old at the time.  James Kendrick was also found guilty of murdering Ryan Cooper in the spring of 1999.  Cooper’s remains have never been found.  Like Santos, Cooper (who was a cousin of Kendrick’s and Plaza’s) was murdered because Kendrick and Plaza believed he was going to cooperate with the police in the investigation of Kendrick’s and Plaza’s drug conspiracy and in the murder of Santos.

During the trial, the Government presented evidence of additional acts of violence including the murder of Jose Troche on January 14, 2010. The Government’s proof established that Kendrick and Plaza planned and executed the murder of Troche because they feared that Troche, also a member of the conspiracy, was planning to cooperate in the prosecution of the defendants. In connection with the Troche murder, Kendrick and Plaza decided that Kendrick, in an effort to fabricate an alibi, would go to a local supermarket and be seen on camera at the time of Troche’s murder. 

In addition, the Government presented evidence that in July 2009, Plaza directed co-conspirators Damion Colabatistto, Angelo Ocasio and others to murder a rival drug dealer who injured Plaza in a fight. Colabatistto and Ocasio went to 137 Cameron Street looking for the rival drug dealer. When they arrived at the house, the two men shot and killed Meosha Harmon when she came to the upstairs window of the residence, erroneously believing her to be the rival drug dealer.  Colabatistto and Ocasio were tried in separate trials and both were convicted for their roles in the conspiracy and murder of Harmon and are awaiting sentencing.

Nine other defendants involved in the drug conspiracy were charged and convicted of various drug and firearms offenses and of other violent crimes.  Plaza’s younger brother, also named Pablo, was previously convicted of participating in the murder of Francisco Santos.

The sentencing of James Kendrick is the result of a joint investigation consisting of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division, and the Rochester Police Department, Violent Crime Team/Firearms Suppression Unit, under the direction of Chief Michael Ciminelli. 

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Benjamin Bolton, 32, of Glendale, Colorado, who was convicted of transmitting interstate communications containing threats to injure the person of another was sentenced to 30 months in prison by U.S. District Court Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the defendant was admitted to SUNY Buffalo State College as a graduate student for the Fall 2013 semester. As a result of incidents at the school that included disputes with faculty members, Bolton was suspended from the college in April 2014. Beginning in June 2015 and continuing until August 5, 2015, the defendant made numerous telephone calls to faculty and staff personnel employed at SUNY Buffalo State, and to officers of the Buffalo State University Police Department. During many of these calls, Bolton threatened to assault police officers, faculty, and staff members, whom the defendant identified by name. 
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Buffalo State University Police Department, under the direction of Chief Peter Carey.

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 Winifredo Gonzales, a/k/a Fred, a/k/a Chin, 44, of Brooklyn, NY, who was convicted of conspiracy to possess with intent to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine, and possession of firearms in furtherance of a drug trafficking crime, was sentenced today to 19 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr. Gonzales was also ordered to forfeit three firearms, over 100 rounds of ammunition, and $78,603 in U.S. currency.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Gonzales was arrested in February of 2015 along with Edward Mighty, a/k/a Mighty, from Rochester, and seven other Rochester individuals. Gonzales supplied kilogram quantities of cocaine to Mighty, the leader of a Rochester-based drug trafficking organization. The cocaine was transported by Mighty’s workers from Brooklyn to Rochester where the powder cocaine was processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple sellers in the greater Rochester area. Mighty’s organization supplied numerous upper and mid-level cocaine distributors.

On February 10, 2015, law enforcement officers monitored a vehicle utilized by the organization to transport kilograms of cocaine from Brooklyn to Rochester. Shortly before surveillance, officers observed the vehicle arrive at 126 New Jersey Avenue in Brooklyn and depart about 15 minutes later. As agents executed a search warrant and arrested defendant Gonzales at that address, other agents monitored the vehicle as it traveled to Rochester.  Inside the Brooklyn residence, officers found 17 kilograms of cocaine in a hydraulic secret compartment behind a wall with two handguns, including an Uzi 9mm pistol. Officers also seized approximately $70,000 in U.S. currency wrapped in black tape and plastic wrap from a safe. 

Meanwhile, the vehicle was monitored as it traveled from Brooklyn to 54 Strong Street in Rochester, the center of the Rochester drug distribution activities. A few minutes after it arrived, officers executed search warrants on 54 Strong Street, the trap car, and 319 Alphonso Street. At 54 Strong Street, Mighty and another individual who was driving the car, were taken into custody. Inside the car, officers found one kilogram of cocaine in a hydraulic compartment behind the front center vent.  Inside 54 Strong Street, officers recovered a Glock .40 caliber semi-automatic handgun loaded with 11 rounds of live ammunition, 13 rounds of live .357 caliber ammunition, Western Union receipts, multiple cell phones, drug distribution paraphernalia, and $3,941 in U.S. currency.    

Of the nine individuals charged, Gonzalez and one other have been convicted. Charges are pending against the remaining seven defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.   

Today’s sentencing is the culmination of a joint federal and state wiretap investigation on the part of the Organized Crime Drug Enforcement Task Force, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.

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 Irving Feldman, 61, of Pittsford, NY, pleaded guilty to food stamp fraud before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant owned Upstate Fish, Inc. at 826 Joseph Avenue in Rochester, NY. Feldman was authorized to accept and redeem food stamps as the owner of Upstate Fish, Inc. Food stamp benefits are issued by the Food and Nutrition Service of the United States Department of Agriculture (“USDA”) and are distributed to recipients through the use of Electronic Benefit Transfer (“EBT”) cards. When purchasing certain eligible food items, the beneficiary provides the EBT card through an EBT terminal at the authorized retailer. This electronic transfer of benefits is initiated at the retailer’s terminal by deducting benefits from the beneficiary’s account and crediting the amount through an electronic transfer directly from the United States Treasury Department to the retailer’s designated bank account. A retailer is prohibited from exchanging cash for food stamps. 

Between January 2010, and October 2015, the defendant illegally purchased food stamp benefits for less than half their full value for cash from eligible beneficiaries. Feldman engaged in approximately $1,227,063 of illegitimate transactions.

In addition, the defendant directed beneficiaries to purchase fish at other fish stores using their EBT card. The beneficiaries would then bring the fish to the defendant at Upstate Fish, Inc. and Feldman would provide cash to the beneficiaries in amounts less than the cost to purchase the fish. The loss amount from this additional scheme was approximately $202,620.
           
“Federal programs that provide services such as food stamp benefits are designed to assist those in our community who are most in need, they are not intended to line the pockets of greedy business owners.” said Acting U.S. Attorney Kennedy. “Our Office will continue to work closely with our law enforcement partners at all levels to cast a wide net to catch these fraudsters and thereby protect American taxpayers.”  

“This fish market owner was caught running a food stamp fraud scheme that was truly breathtaking in scale,” said New York State Inspector General Catherine Leahy Scott. “I will continue to work collaboratively with my law enforcement partners to help ensure that unscrupulous business owners will not illegitimately profit from government sponsored public benefit programs meant for those who are in the most need of financial assistance.”

The plea is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction Special Agent in Charge William G. Squires Jr., the Rochester Police Department, Economic Crimes Division, under the direction of Chief Michael Ciminelli, the Monroe County Department of Social Services, under the direction of Corinda Crossdale, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero, and the New York State, Office of Inspector General, under the direction of Inspector General Catherine Leahy Scott.

Sentencing is scheduled for March 14, 2017, at 3:30 p.m. before Judge Geraci.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that David Jesus Pagan, 40, of Dunkirk, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and being a felon in possession of a firearm, before U.S. District Judge Elizabeth A. Wolford. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a $10,000,000 fine.

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

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

Today’s 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 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.

Sentencing is scheduled for March 14, 2017, at 3:00 p.m. before Judge Wolford.

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

ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that the former owner and CEO of Cornerstone Homes, David Fleet, 52, of Corning, NY, who was convicted of mail fraud, was sentenced to three years probation and 100 hours of community service by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay approximately $88,000 in restitution to his victims. 

Assistant U.S. Attorney John J. Field, who handled the case, stated that Fleet owned a real estate business from 1997 to 2014 that ultimately came to be known as Cornerstone Homes. Cornerstone’s business involved the purchase, renovation and resale or renting of distressed homes.

In order to acquire the distressed homes, Fleet sold debentures to private investors promising annual rates of return of 8%-10%.  Fleet thereafter caused Cornerstone to borrow approximately $25,000,000 from various banks, and to pledge the houses that had been acquired with private investor money as security for the bank loans.

By March 2010, Fleet knew that Cornerstone’s operating income was insufficient to pay its debt service to the banks and the private investors. The defendant also lost more than $2,000,000 in risky options trades. However, Fleet continued to solicit additional private investments without disclosing Cornerstone’s true financial picture, including the fact that he had more than $2,000,000 of Cornerstone’s capital.  In March 2010, Fleet raised approximately $88,000 from approximately 13 investors based upon statements and representations that were materially misleading.

The sentencing is the result of an investigation by Inspectors of the United States Postal Inspection Service, acting under the direction of Inspector-In-Charge, Boston Division, Shelly Binkowski, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Internal Revenue Service, Criminal Investigations, under the direction of Acting Special Agent in Charge Kathy A. Enstrom, New York Field Office.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Nicholas Graham, 45, of Buffalo, NY, pleaded guilty to bank robbery by use of a dangerous weapon before Chief U.S. District Judge Joseph P. Geraci, Jr. The charge carries a maximum penalty of 25 years in prison and a $250,000 fine.

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

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

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

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

Sentencing is scheduled for April 20, 2016, at 10:00 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 Christian O. Dalmau, 31, of Bronx, NY, pleaded guilty to possession of a firearm by an unlawful user of a controlled substance, before U.S. District Judge Richard J. Arcara.  The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on the night of January 5, 2014, Dalmau was the sole passenger in a GMC Yukon vehicle that was being driven by another individual when the Yukon was stopped by Buffalo Police officers in the vicinity of Bailey Avenue and Cloverdale Avenues. The Yukon contained a hydraulic hidden compartment or “trap” in its cargo area. Inside the trap was a Taurus, 9mm semi-automatic handgun loaded with 13 rounds of ammunition.

Also inside the trap in the Yukon were three foil packets that each contained eight oxycodone pills, pills which were consistent in appearance with other oxycodone pills Dalmau left in the backseat of the Buffalo Police car in which he had been placed.  Dalmau admitted to being addicted to the pills.

In the plea agreement, the government reserved the right to attempt to establish at sentencing Dalmau’s suspected involvement in connection with a shooting homicide that happened on Newfield Street shortly before the January 5th stop. Dalmau reserved the right to contest the government’s position.

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

Sentencing is scheduled for April 26, 2017, before Judge Arcara.

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

BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr.  announced today that Kyle Eagan, 27, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) and Murder in Aid of Racketeering, was sentenced to 265 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and 2010, Eagan was a member of the 10th Street Gang.  As a part of his involvement with that gang, the defendant, along with other members and associates of the gang, sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo. Eagan and others also committed acts of violence, including murder, against rival gang members and rival drug dealers. 

Specifically, Eagan admitted that the multiple acts of murder and attempted murder consisted of shooting at the victims with firearms, with one of the shooting incidents occurring in “drive-by” fashion on city streets. The violent acts consisted of:

•           On September 15, 2008, Eagan and another individual shot at a group of rival 7th Street gang members killing Omar Fraticello-Lugo.
•           On August 12, 2009, Eagan and a fellow 10th Street Gang member shot an individual nine times. The individual survived. 
•           On September 7, 2009, Eagan shot at rival 7th Street Gang members.
•           October 17, 2009, Eagan shot at a rival 7th Street gang associate.

Eagan is one of 44 10th Street Gang members and associates charged and convicted in this case.

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

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Raymond C. Hopson, Lindsay R. Carrier, Jr., and Stephanie A. Costanzo, a Niagara Falls Police Officer, who has since resigned, were charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute cocaine and maintaining a premises for manufacturing, distributing and using cocaine, and marijuana. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 40 years.

Assistant U.S. Attorney Joel Violanti, who is handling the case, stated that according to the complaint, the defendants were involved in a cocaine conspiracy between July 27, 2016, and November 9, 2016. During that time, defendant Hopson sold cocaine to an undercover police officer on multiple occasions. 

On November 9, 2016, a search warrant was executed at 2930 Grand Avenue in Niagara Falls, the residence of defendant Hopson and Stephanie Costanzo. Costanzo was at home during the search.  During the search, officers observed a bedroom on the second floor that was locked. Costanzo was asked why the bedroom was locked, and she gave officers a key for the door. Inside the bedroom, officers found a plastic sandwich bag containing a gram of marijuana, a second plastic bag containing over five grams of cocaine, a small black digital scale next to plastic bags, an open container of creatine which is used as a cutting agent for cocaine, and cash. In the master bedroom, where Costanzo and Hopson slept, officers found a small orange plastic container containing more than five grams of suspected cocaine, scattered marijuana, a marijuana grinder shaped like a pistol cylinder, several sandwich bags, and an empty gun magazine.

Also on November 9, 2016, officers searched 2407 Willow Avenue in Niagara Falls, the residence of Lindsay’s Carrier’s mother. During that search, police found cash, a black digital scale, four clear plastic bags containing nearly 80 grams of crack cocaine, two clear plastic bags containing nearly 61 grams of cocaine, a clear bag containing hydrocodone pills, and two clear glass jars containing 10 grams of marijuana.

The defendants made an initial appearance before U.S. Magistrate Judge Michael Roemer on December 13, 2016. Costanzo was released, Hopson and Carrier remain in custody.

“The vast majority of those of us involved in law enforcement take seriously our obligation to uphold our oath of office,” said Acting U.S. Attorney Kennedy. “This case shows how those that do will take action to remove those that don’t.” 

DEA Special Agent-in-Charge James J. Hunt stated, “There is no excuse for a law enforcement officer to tarnish their badge in exchange for profit. While the good men and women in law enforcement conducted this investigation with integrity and diligence, they dismantled a major cocaine trafficking organization in Niagara County and arrested a dirty cop.  By being a watchdog in our communities, we will continue to weed out drug trafficking organizations and those involved, at all levels.”

The complaint is the result of an investigation by the Niagara Falls Police department, under the direction of Superintendent Bryan Dalporto, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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 Daniel Krull, 44, of Niagara Falls, NY, pleaded guilty, before U.S. District Judge Lawrence J. Vilardo, to distribution of child pornography following a prior conviction under New York law for possessing a sexual performance by a child. The charge carries a mandatory minimum penalty of 15 years and maximum of 40 years in prison, and a fine of $250,000.

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

On August 23, 2016, the defendant’s cellular telephone was seized by the Niagara County Probation Department. A forensic examination revealed approximately 2,026 images and 20 videos of child pornography depicting minors engaging in sexually explicit conduct. Some of the images depicted prepubescent minors or minors less than 12 years of age and depictions of violence. Krull also had sexual contact with a 10-year old girl on approximately five occasions.

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

The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation at the direction of Adam S. Cohen, Special Agent-In-Charge, and Probation Officers of the Niagara County Probation Department.

Sentencing is scheduled for March 23, 2017, at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ronald Epps, 48, of Amherst, NY, who was convicted following a jury trial of wire fraud, mail fraud, arson, possession of Molotov Cocktails, maintaining a premises for drug trafficking, felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking, was sentenced to 60 years by U.S. District Judge Richard J. Arcara.

“Today’s verdict is believed to be the first instance where this Office has used the federal fraud laws to convict a murderer,” said Acting U.S. Attorney Kennedy. “This Office will continue to use all of the resources at our disposal to rid our streets of dangerous predators.”    

Assistant U.S. Attorneys Melissa M. Marangola and Joel Violanti, who handled the case, stated that the defendant murdered his fiancee, Angela Moss, on August 27, 2009 in order to collect on the victim’s life insurance policy which listed Epps as the sole beneficiary. Ronald Epps and Angela Moss were engaged to be married and lived together on Cascade Drive in Amherst. Previously, on July 2, 2009, Epps and Moss went to a State Farm Insurance branch to make changes to Moss’ life insurance policy. At the time, Epps was a minor beneficiary. The $100,000 policy was changed, making the defendant the sole beneficiary.   

On August 27, 2009, Moss left her place of employment at Absolut Care on Armor Road in Orchard Park, NY at 11:00 p.m. The victim was last seen getting into the passenger seat of her car. Moss’ body was discovered at 6:00 a.m. the following morning on California Road by colleagues heading into work. The prosecution argued that the defendant waited in the victim’s car then drove to California Road where Epps shot Moss once in the back of her head and left her body on the side of the road. The victim’s car was also found abandoned nearby.

On September 1, 2009, Epps filed a claim with State Farm Insurance in an attempt to collect on Moss’s life insurance policy. To date, the defendant has not received any insurance money related to the policy.

Following Moss’s murder, the defendant remained in the apartment the two had lived in together. On August 1, 2010, Epps obtained a renter’s insurance policy from State Farm Insurance. On October 13, 2010, the defendant set fire to the vacant apartment next door with Molotov Cocktails. On this occasion, the damage to Epps’ apartment was minimal. On October 15, the defendant also set fire to his own apartment. On May 31, 2011, Epps received $3,769 from State Farm Insurance for damages to his property.

Epps also used his apartment for distributing cocaine. Several witnesses testified at trial that they purchased cocaine and marijuana from the defendant at 21 Cascade Drive.  Amherst police officers testified that they seized cocaine, pills, and drug paraphernalia from the defendant’s residence on August 25, 2010.

The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan Benedict, New York Field Division, the Orchard Park Police Department, under the direction of Chief Mark Pacholec, 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 Steven Paschell, 47, of Buffalo, NY, was arrested and charged by criminal complaint with possessing with intent distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years imprisonment and a $1,000,000 fine.

Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that on November 1, 2016, Paschell sold a quantity of a substance containing heroin and fentanyl.

The defendant, who made an initial appearance before Judge Jeremiah J. McCarthy, is being held pending a detention hearing on Friday, December 16, 2016, at 1:30 p.m.

The criminal complaint is the result of an investigation by the Drug Enforcement Administration, Buffalo Resident Office, under the direction of Special Agent in Charge John Flickinger.

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.

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jibreel Williams, age 27, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura Higgins, who is handling the case, stated that in the early hours of December 11, 2016, Williams was stopped in a vehicle on the Peace Bridge while trying to re-enter the United States after visiting the duty-free shop. The firearm was recovered during a border search of the vehicle.

The defendant made an initial appearance yesterday before U.S. Magistrate Judge Michael J. Roemer. Jibreel Williams is being held for a detention hearing scheduled for today before U.S. Magistrate Judge Jeremiah J. McCarthy at 1:30 p.m.

The criminal complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Hilmey, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.

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

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

BUFFALO, N.Y.-   Acting U.S. Attorney James P. Kennedy, Jr. announced today that Tony Peebles, 30, of Buffalo, NY, who was convicted of discharging a firearm in furtherance of a crime of violence, and RICO conspiracy, was sentenced to 295 months imprisonment by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that from in or before 2000, through in or about 2010, Tony Peebles was a member and associate of the 10th Street Gang, that operated within a specifically defined geographic area on the west side of the City of Buffalo, New York.  10th Street Gang members routinely guarded that territory and resorted to acts of violence, if necessary, to insure that no rival gang members or narcotics dealers encroached upon their territory to sell drugs, or for any other reason.

Peebles admitted that he conspired with others to possess with intent to distribute, and to distribute, significant quantities of cocaine base and marijuana, and that he possessed firearms in furtherance of his drug trafficking activity. 

Acting U.S. Attorney Kennedy characterized Peebles as extremely violent and a prolific shooter. AUSA Tripi, the lead prosecutor on the case, detailed eight different shootings in which Peebles participated: • On or about June 15, 2007, Peebles, along with other 10th Street Gang members, shot and injured two rival gang members in the City of Buffalo. 
• On or about August 11, 2009, Peebles drove another 10th Street Gang member to the vicinity of 102 Pennsylvania, Buffalo, New York, where such individual fired several rounds into an occupied residence. 
• On the following day, August 12, 2009, Peebles met with other members of the 10th Street Gang in order plan to retaliate against rival gang members for the murder of Peebles’s younger brother.  Peebles and other members of his gang, walked to 211 Bird Avenue, Buffalo, New York, where Peebles and another shot an individual nine times in an attempt to cause the death of such individual.  Though the shooting victim did not die, the individual did sustain life-threatening bodily injuries as a result of the shooting. 
• One day later, on August 13, 2009, near 893 Prospect Avenue, Buffalo, New York, Peebles shot another individual who was a rival gang member several times with a firearm.  Such individual sustained bodily injury as a result of the shooting.
• On the next day, August 14, 2009, in the vicinity of Auburn Avenue and Dewitt, Buffalo, New York, Peebles and another 10th Street Gang member shot and sought to kill two victims.
• On or about August 17, 2009, in the Western District of New York, Peebles, along with two other 10th Street Gang members, drove a stolen car to the vicinity of 82 Virginia, Buffalo, New York, and fired numerous times at a rival gang member in an attempt to kill such rival gang member.
• On or about October 17, 2009, Peebles drove his girlfriend’s car, with several other 10th Street Gang members to the vicinity of Plymouth Street and Pennsylvania Avenue, in Buffalo. Peebles pulled the vehicle alongside an individual and stopped the car while one of his passengers shot the victim until the firearm was out of ammunition.  The victim sustained life-threatening bodily injury as a result of the shooting.
• Finally, on or about November 8, 2009, near 29 Ripley in Buffalo, Peebles, along with other 10th Street Gang members, went to a residence where one of the gang members fired out of the passenger side window of the vehicle that Peebles was driving multiple times with an AR-15.  An individual, who was shot numerous times, survived despite sustaining life-threatening bodily injuries as a result of the shooting.

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Wilson, 29, formerly of Hamburg, NY, was successfully returned from Vietnam and arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy.
In December 2010, the defendant was named in a 47-count indictment charging wire fraud, money laundering, and conspiracy. The maximum penalty for each fraud count is 20 years in prison and a $250,000 fine. Each money laundering charge carries a penalty of up to 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen Jr., who is handling the criminal case, and Richard D. Kaufman, Chief of the U.S. Attorney’s Office’s Asset Forfeiture and Financial Litigation Unit, stated that the indictment accuses Wilson of attempting to defraud investors out  of  more than $8,000,000 between  June 2008  and  July 2009, and  another $71,875 in July 2010. According to the indictment, the defendant created several fraudulent investment companies known collectively as “New Frontier,” including such names as “Phantom Holdings” and others, all purportedly located at 6553 Boston State Road in Hamburg, adjacent to his residence. Wilson thereafter induced individuals and companies to invest in financial instruments with complex sounding names, such as “leveraging agreements,” that promised high-yield earnings and returns.
The indictment also alleges that rather than investing clients’ money, the defendant spent it on a variety of personal items, including $2,500,000 for a down payment for Boston State Road properties, automobiles - including a Hummer, a Corvette, two Land Rovers, and a Mercedes ML 500 - artwork, and other items. In addition, in January 2009,  Wilson paid $1,800 to hire an actor from a talent agency to portray a person using the name of his alias “George Possiodis,” which name and persona the defendant used during his scheme. The Government is seeking forfeiture of more than $3,000,000 that Wilson allegedly stole from investors and spent.
The indictment also alleges that in July 2010, Michael Wilson and his brother, William Wilson, conspired to receive two wire transfers totaling $71,875, which a client believed would be invested by “Zodiak Capital,” another one of Michael Wilson’s companies. $70,325 of the $71,875 never reached Michael or William Wilson because the government successfully froze and seized the money before it could be withdrawn from two accounts it had been wired into.
Wilson, a dual citizen of Canada, traveled to the Toronto area after learning he was under investigation. After being arrested in Canada in July 2013, Wilson was released on conditions and challenged extradition to the United States in Canadian Courts. Before his final appearance in Canadian Court, in February 2016, Wilson flew to Vietnam with his wife, mother, and three dogs. Wilson was arrested in Vietnam in June 2016, and has been detained in Vietnamese jail pending his removal to the United States.
“This case shows that we will literally travel across the globe in our pursuit of justice,” said Acting U.S. Attorney Kennedy. “I commend our law enforcement partners both at home and abroad for their cooperation and diligence in successfully apprehending an individual who went to tremendous lengths to avoid answering the charges filed against him.”

The defendant was arraigned this afternoon before Judge McCarthy. Wilson is being held until a detention hearing scheduled for December 15, 2016, at 2:00 p.m.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge, the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge, New York Field Office, Kathy A. Enstrom, Toronto Police Service, Vietnam Ministry of Public Security, and other law enforcement partners, including LEGAT, Seoul, Korea, and the U.S. State Department.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Arthur Hugh Stephen Knox, 58, of Canada, who was convicted of attempted unlawful reentry into the Untied States, was sentenced to time served (three months) by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on September 11, 2016, Knox, a citizen of Canada, attempted to enter the United States at the Rainbow Bridge Point of Entry. A Customs and Border Protection database check revealed that the defendant had multiple prior convictions in the United States, including three convictions for felony drug possession. As a result of his criminal record, in July 2007, a United States Immigration Judge ordered Knox to be removed from the United States and to be prohibited from reentering for a period of 10 years.

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

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

BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Butler, 42, of Buffalo, NY, was charged by criminal complaint with possession of child pornography subsequent to a prior conviction. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine.

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

The defendant made an initial appearance this afternoon before Magistrate Judge Jeremiah J. McCarthy. Butler is being held in state court for a probation violation.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.

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

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

BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that LaTanya McCain, 21, of Niagara Falls, NY, pleaded guilty to conspiracy to defraud the Government, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that McCain filed false tax returns with the Internal Revenue Service (IRS) for the years 2014 and 2015 using false and fraudulent W-2 forms. The forms stated that the defendant worked for employers for whom she never worked and falsely indicated that McCain had earnings and withholdings. Furthermore, in 2015, the defendant provided others with false W-2 forms which they, in turn, used to file false tax returns with the IRS. As a result, the IRS was defrauded out of $32,187.00

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas E. Bishop, Acting Special Agent in Charge, New York Field Office.

Sentencing is scheduled for May 11, 2017, at 10:00 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 Antonio Eldridge, 28, of Buffalo, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 12 months in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on March 11, 2016, the Buffalo Police Department received information that the defendant, a convicted felon, had displayed a firearm to children. During this investigation, officers located Eldridge hiding in a basement crawl space of the children’s residence. Officers further recovered a Winchester Model 69A .22 caliber rifle hidden under a mattress in the residence. 

The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan 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 John Evans, 33, and Timothy Finch, 28, both of Buffalo, NY, who were convicted of RICO conspiracy, were sentenced to 188 months and 168 months in prison respectively, by U.S. District Judge Richard J. Arcara. Evans was also convicted of conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine.

According to Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, Evans and Finch were members of L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. On April 20, 2011, the defendants planned the murder of rival gang member Amir Chambers who was shot dead by co-defendant Fred Keys. 

The defendants also sold crack cocaine from a “trap house” on Sobieski Street in Buffalo utilized by gang members. The house was run by L.R.G.P. leader Dewayne Gray who was sentenced to 188 months in prison on September 9, 2016.

The defendants are two of 19 L.R.G.P. members and associates indicted and convicted in this case. On May 8, 2015, another 11 L.R.G.P. members and associates were also indicted on crack cocaine charges. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.

Today’s sentencing is the culmination of an investigation by Federal Bureau of Investigation’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 Jose Manuel Salazar Estrada, 38, of Mexico, was arrested and charged by criminal complaint with illegally reentering the United States after a conviction for an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on December 7, 2016, the defendant was encountered at the Peace Bridge port of entry after getting lost and turning around on the bridge before reaching Canada. When Estrada 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 defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending trial.

The criminal complaint is the result of an investigation by United States 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 Robert Eloff Jr., 41, of Buffalo, NY, who was convicted of deprivation of rights under color of law, was sentenced to three months in prison and one year supervised release to include three months home detention by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Guerra, who handled the case, stated that the defendant pleaded guilty in connection with an incident at Molly’s Pub in Buffalo in 2014. In the early morning hours of May 11, 2014, William Sager was pushed down a flight of stairs at Molly’s Pub by Jeffrey Basil. Sager later died of his injuries and Basil pleaded guilty in state court to manslaughter.

At the time Sager was pushed by Basil, Eloff was in Molly’s Pub working security for the bar.  Eloff had been employed as a Buffalo Police Officer since 2007.  While employed at Molly’s Pub, Eloff wore clothing and articles of equipment which identified him as an off-duty police officer.

A victim identified as D.H. was with William Sager the night Sager was pushed down the stairs. D.H saw people carry Sager outside after he was pushed down the stairs, and upon leaving the bar, saw Sager propped up against a wall. When D.H. asked BPD officers what happened, Eloff grabbed D.H. and told him to get out of there. D.H. then walked away and called 911. When other officers arrived, D.H. asked for Eloff’s name and badge number.  Eloff, in response arrested and handcuffed D.H. and seated him next to Sager. D.H. was later taken from the scene by other officers.

Eloff told BPD officers that D.H. had physically interfered with Eloff and others inside the bar and had refused to leave the bar when directed to do so. A later review of surveillance video from Molly’s Pub revealed that D.H. never interfered with Eloff in the bar and never refused a command to leave the bar. In essence, Eloff caused D.H. to be falsely arrested for trespassing, a crime D.H. never committed.

The sentencing is the culmination of an investigation by Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Casey Swain, 38, of Buffalo, NY, who was convicted of bank robbery, was sentenced to 57 months in prison by U.S. District Court Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that, on five different dates, the defendant robbed First Niagara Bank branches in Buffalo, Lackawanna, Niagara Falls, Kenmore, and Bellevue, Pennsylvania. During each of the robberies, Swain passed a note to a bank teller demanding United States currency. Some of the notes included the words “no sudden movements” or “eye contact” or things would turn bad.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction on the part of Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lackawanna Police Department, under the direction of Chief James Michel, the Niagara Falls Police Department, under the direction Chief Bryan DalPorto, the Kenmore Police Department, under the direction of Chief Peter Breitnauer, and the Bellevue (PA) Police Department, under the direction of Chief Matthew Sentner.