Western District of New York

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

BUFFALO, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr. announced today that Demario James, 34, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine, before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000.
 
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June 2013 and July 2014, James conspired with co-defendant Michael Robertson and other Schuele Boys associates and gang members to distribute cocaine in the City of Buffalo. The defendant purchased cocaine from Michael Robertson and then broke down the cocaine for distribution to customers.

The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.
 
James is one of 28 Schuele Boys Gang members, associates and other individuals arrested in this case. To date, 22 of the defendants have been convicted.
 
Today’s plea is the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen.

Sentencing is scheduled for March 16, 2017 at 12:30 p.m. before Judge Arcara.  

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Franklin Richards, 34, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, was sentenced to 130 months in prison by U.S. District Judge Lawrence J. Vilardo.

According to Assistant U.S. Attorney George C. Burgasser, who handled the case, between July 2011 and March 2012, Franklin Richards supplied cocaine to the LRGP Gang which operates in the area of Lombard, Rother, Gibson and Playter Streets. The defendant purchased cocaine for redistribution from co-defendant Earl Brown.

On one occasion, co-conspirator Wilfred Wylie, who was traveling to Houston, Texas to purchase cocaine from Earl Brown for Franklin Richards, was searched by security at the Buffalo Niagara International Airport and found with $112,000 in U.S. currency, money he was going to use to pay for the cocaine. On other occasions, Richards used a variety of methods to transport cocaine from Houston, Texas to Buffalo. Once he received the cocaine, Richards would repackage it for distribution in the Buffalo area. 

Co-defendants Brown and Wylie have been convicted. Wylie was sentenced, Brown is awaiting sentencing.

Today’s 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.

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 Nelson Pacheco, 44, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine, was sentenced to 108 months by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between December 2010 and April 4, 2011, the defendant conspired with co-defendant Dennis Berard to distribute cocaine in the Buffalo area. On June 30, 2011, law enforcement officers executed a search warrant at Pacheco’s residence and recovered three handguns, ammunition and approximately $18,000 in cash. Dennis Berard was convicted and sentenced. 

The sentencing is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, Border Enforcement Security Task Force, under the direction of Special Agent-in-Charge James C. Spero, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the Niagara County Sheriff's Department, under the direction of Sheriff James Voutour.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Gorman, 51, of Buffalo, NY, who was convicted of conspiracy to damage a building used in an activity affecting interstate commerce by means of fire and an explosive, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on the night of June 12, 2014, Gorman had been drinking with Lowell Carey and Ryan Smolinski at Carey’s house. Smolinski was upset that his father was losing his business, Western New York Property Contractors, located at 349 Ontario Street, in Buffalo which he co-owned with another individual. Smolinski asked Carey and Gorman if they would help him burn the building. They agreed and made two Molotov cocktails using beer bottles they had been drinking from and gasoline and a t-shirt as a wick.

Thereafter, in the early morning hours of June 13, 2014, Gorman, Smolinski, and Carey proceeded to Western New York Property Contractors where Carey lit and threw one of the Molotov cocktails onto the roof of the building. Smolinski lit and placed the other Molotov cocktail underneath a garage door on the side of the building with Gorman’s assistance. The outside of the building was burned in the areas where the Molotov cocktails were located resulting in approximately $2,207.89 in damages.

Carey and Smolinski were previously convicted and sentenced.

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, and the Buffalo Fire Department under the direction of Commissioner Garnell W. Whitfield, Jr.

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

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Vandegrift, 29, of Wellsburg, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a minimum of 15 years in prison, a maximum penalty of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, between October 2014 and January 2015, Vandegrift engaged in sexually explicit communications via social media with a number of minor females. Those communications included enticing the minors to send sexually explicit photos of themselves to the defendant. The minors included a 17 year-old, a 12 year-old and two 13 year-olds.

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Chemung County Sheriff’s Office, under the direction of Christopher Moss, and the Oswego County Sheriff’s Office, under the direction of Reuel Todd.

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 Salleh Dubaishi, 40, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute a controlled substance and possession with intent to distribute a controlled substance within 1,000 feet of a public or private elementary or secondary school. The charges carry a minimum penalty of one year in prison, a maximum of 40 years and a $2,000,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on November 17, 2015, the New York State Department of Taxation and Finance conducted a regulatory inspection of Pyramid Express HSD, a convenience store located near Public School 45 in Buffalo. Investigators recovered over 500 packages of synthetic marijuana packages, which were labeled with names such as, “Strawberry Scooby Snax,” “Hypnotic,” and “Insane.”

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on conditions.

The criminal complaint is the result of an investigation by Immigration and Csutoms Enforcement, Homeland Security Investigations, under the direction of James C. Spero, and the NYS Department of Taxation and Finance, under the direction of Commissioner Thomas Mattox.

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 Luis Aguilar Torres, 35, of the United Kingdom and Ecuador, pleaded guilty to reentering the United States after a conviction for an aggravated felony before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on September 19, 2016, the defendant attempted to cross into the United States from Canada at the Rainbow Bridge. Standard database checks revealed that Torres was an aggravated felon. In June 2000, the defendant was arrested in Queens County, NY for murder, murder-2nd degree, Robbery 1st, and Criminal Possession of a Weapon. In January 2002, Torres pleaded guilty to the Robbery 1st charge and was sentenced to five years in prison. After serving his sentence, the defendant was deported from the United States and banned for life. 

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

Sentencing is scheduled for February 7, 2017, at 9:30 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. - James P. Kennedy, Jr. has been named Acting United States Attorney for the Western District of New York following the departure of William J. Hochul, Jr.

“I am honored to be named Acting United States Attorney for the Western District of New York,” said Kennedy. “As a native of Western New York, I look forward to working with our outstanding law enforcement partners at the local, state and federal levels and serving the people of the community in which I was born and raised.”  

A Phi Beta Kappa and magna cum laude graduate of Hamilton College, Mr. Kennedy attended the Buffalo Law School where he graduated cum laude in 1988, having served as editor of the Buffalo Law Review.

Following law school, Kennedy worked as the Confidential Law Assistant to the late Honorable Michael F. Dillon and Honorable M. Dolores Denman, Presiding Justices, New York States Supreme Court, Appellate Division, Fourth Department.  In 1992, he was hired by then United States Attorney Dennis Vacco to serve as an Assistant United States Attorney. Starting first in the civil division, AUSA Kennedy, in 1993, became an OCDETF (Organized Crime Drug Enforcement Task Force) Attorney where he prosecuted a number of high profile narcotics, violent crime, and police corruption cases. In 2004, AUSA Kennedy was picked by then United States Attorney Michael Battle to serve as the District’s first full-time Appellate Chief. In that capacity, he briefed and argued a number of cases before the United States Court of Appeals for the Second Circuit in New York City. In 2006, he became the Chief of the White Collar General Crimes unit, and in 2007, he was promoted to Criminal Chief for the Western District of New York. In April of 2010, he was selected by William Hochul to be First Assistant U.S. Attorney. During his tenure in the United States Attorney’s Office, Kennedy has received numerous awards and honors including the Attorney’s General’s John Marshall Award, one of the Department of Justice’s highest awards.

Kennedy further stated, “Our Office has a tradition of excellence. I intend on preserving that tradition and bringing to justice those who detract from the safety and quality of life in our District. From corrupt public servants to child predators, from violent gangsters to fraudsters, and from those who contribute to overdose deaths to those who engage in under-handed business practices, I pledge to work tirelessly with the many hard-working and talented attorneys and support staff who serve in this Office not only to continue our crime-fighting efforts but to develop creative and innovative solutions to the problems with which we are confronted.”     

Kennedy lives on Grand Island with his wife Stephanie, who works in the Amherst School District. They have two children, a daughter, Bridget, who attends the United States Naval Academy, in Annapolis, Maryland, and a son, Jack, who attends Davidson College, in Davidson, North Carolina.

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

BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Debra Arno, 57, formerly of Amherst, NY, pleaded guilty to solicitation of interstate murder for hire before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison and a $125,000 fine. In addition, Lauren Frye, 57, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a firearm which carries a maximum penalty of 10 years in prison and a $250,000.

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 a murder for hire plan. On May 27, 2015, Kenmore Police, with the assistance of the East Aurora Police Department, identified the victims, who included Arno’s ex-husband and his current wife, and made them aware of the potential murder-for-hire plot.

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

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

The pleas are 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.

Arno is scheduled to be sentenced on March 8, 2017, at 1:00 p.m. before Judge Arcara. Frye will be sentenced on March 9, 2017, at 12:30 p.m., also 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 Randy Wade Kenyon, 58, of Cuba, NY, who was convicted of manufacturing 50 or more marijuana plants, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on August 4, 2015, during an aerial operation, the Southern Tier Regional Drug Task Force observed what appeared to be multiple marijuana plants. A ground search determined that the defendant was cultivating a total of 677 plants on his property at the time on Five Mile Road in Ischua, NY.  

The sentencing is the result of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division. Additional assistance was provided by the National Guard Aviation unit.

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

BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Casidus Carr, 31, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a gun 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 Michael J. Adler, who is handling the case, stated that during the execution of a search warrant on January 16, 2015, at Carr’s residence on Dunlop Avenue in Buffalo, law enforcement officers discovered a loaded firearm and ammunition. The defendant was previously convicted in 2005 on a New York State charge of Manslaughter 1st preventing him from legally possessing a firearm.     

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

Sentencing is scheduled for March 8, 2017, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jeffrey C. Leathersich, 51, of Lima, NY, who was convicted of dispensing a controlled substance outside the scope of professional practice was sentenced to three years probation to include six months of home detention and 100 hours of community service by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that between October 2013 and March 2016, the defendant was licensed as a Registered Physician Assistant under the laws of the State of New York and had a Drug Enforcement Administration Certificate of Registration. This authorized Leathersich to prescribe Schedule II controlled substances in connection with his practice located at New Genesis Center for Medical Weight Loss and Cosmetic Medicine on Monroe Avenue in Rochester. The defendant became a Physician Assistant in 1995, practiced cosmetic medicine since 2004 and, in 2010, also began practicing bariatric medicine.
 
Between October 2013 and December 2015, Leathersich maintained a social relationship with an individual identified as Patient A. During that time period, the defendant provided Patient A with 16 prescriptions for oxycodone, totaling approximately 30 grams, outside the scope of his professional practice and not for a legitimate medical purpose. Between July 2015 and March 2016, the defendant maintained a social relationship with a second individual identified as Patient B. During that time period, Leathersich provided Patient B with nine prescriptions for oxycodone, totaling approximately 26 grams, outside the scope of his professional practice and not for a legitimate medical purpose. Oxycodone is an opioid pain medication.  As a narcotic with a high potential for abuse that may lead to severe psychological or physical dependence, oxycodone is listed by the Attorney General as a Schedule II controlled substance.

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

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Salvatore Faliero, 53, of Franklinville, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 12 months in prison by Senior U.S. District Judge William M. Skretny. In addition, the defendant was sentenced to 15 months in prison (to be served concurrently to the 12 month sentence on the gun charge), for violation of supervised release. Faliero was on federal supervised release following a 2009 conviction of accessory after the fact when he was arrested on the gun charge.

According to Assistant U.S. Attorneys Michael J. Adler and Thomas S. Duszkiewiz, who handled the case, on November 29, 2015, New York State Troopers began investigating a complaint that the defendant was shooting a firearm from his vehicle.

• One witness stated that Faliero admitted to him that he had shot a gun.
• Another witness stated that on December 1, 2015, he saw the defendant put a gun into his vehicle.
• On December 3, 2015, troopers received another report of the defendant using a firearm.

Soon after this third complaint, troopers observed the defendant driving his red Honda CRV and stopped the vehicle. Troopers discovered a loaded Marlin, Model 336W, 30-30 caliber lever action rifle on the back seat of the vehicle. Ammunition for the firearm was found on the center console. Faliero admitted that he had been using the rifle.

In September 1985, the defendant was convicted in state court of Attempted Criminal Possession of a Controlled Substance. In October 1998, Faliero was convicted in Cattaraugus County Court of Attempted Burglary followed by his 2009 federal conviction.  As a result, the defendant is prohibited from legally possessing a firearm.

The sentencing is the culmination of an investigation by the New York State Police, under the direction of Major Steven Nigrelli and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan M. Benedict.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Judi Strong, 43, of Amherst, NY, who was convicted of conspiracy to import Alpha-PVP, a Schedule I controlled substance, was sentenced to 12 months in prison by U.S. District Court Judge Lawrence J. Vilardo. 
 
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that in July 2015, Strong conspired with a co-defendant to import Alpha-PVP into the United States from China. The defendant ordered the substance on-line and had it shipped in two FedEx Express Mail packages to her 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. 
 
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. - U.S. Attorney William J. Hochul, Jr. announced today that Hassan El Saddique, 36, of Atlanta, GA, who was convicted of theft of money in control and possession of a bank, was sentenced to one year supervised release by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $15,120.00 in restitution.    

Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between June 2009 and October 2010, the defendant made it appear that he had entered into a contract for consultant services with the Buffalo Board of Education. The alleged contract falsely stated that El Saddique would perform services at the Universal School. The defendant never provided services at the school.

At the beginning of the 2009-2010 school year, El Saddique did begin assisting with the Title I Program at Bishop Timon High School. These services were performed voluntarily and without pay.

However, between October 2009 and October 2010, the defendant submitted 19 fraudulent invoices to the Buffalo Board of Education for payment for services that were never performed or done voluntarily at the Universal School and Bishop Timon high School. El Saddique received 18 checks totaling $15,120 and retained a portion of those funds. 

On June 1, 2016, the defendant’s mother, Debbie Buckley, was convicted of theft of government funds. 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.
 
Buckley changed the approval process by which a contractor was paid for Title I services provided in non-public schools. She 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.

Debbie Buckley is scheduled to be sentenced on November 30, 2016.

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.-U.S. Attorney William J. Hochul, Jr. announced today that Elijah Iverson, 39, of Tonawanda, NY, who was convicted following a jury trial of possession with intent to distribute 28 grams or more of cocaine, possession with intent to distribute marijuana, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking crimes, and being a felon in possession of a firearm, was sentenced to 180 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Michael P. Felicetta and Joel L. Violanti, who handled the prosecution of the case, stated that on October 22, 2014, the defendant called the Tonawanda, NY Police Department and stated that an individual with a gun was attempting to get into his Kenmore Avenue apartment. When officers arrived, there was no sign of the alleged gunman.

Subsequently, officers went into Iverson’s apartment to speak with him about the incident. As the defendant was talking with officers, a police canine detected narcotics in the apartment. Iverson admitted to having a small amount of marijuana and powder cocaine which he surrendered to the officers but refused a full search of the apartment. As a result, officers obtained a search warrant and returned the next day.

During the full search, officers recovered an assault weapon, ammunition, a pound of marijuana and cash in a safe in Iverson’s bedroom closet. In addition, officers recovered more rounds of ammunition and approximately two ounces of crack cocaine in a bedroom used by the defendant’s young daughter.      

Iverson has three prior felony convictions in state court which prevented him from legally possessing firearms.       

The sentencing is the result of an investigation by the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan M. Benedict, New York Field Division.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Raymond Whelan, 47, of Cheektowaga, NY and David Nichols, 66, an American citizen living in China, were charged by criminal complaint with entry of goods by means of false statement, trafficking in counterfeit goods, and conspiracy to traffick in counterfeit goods. The charges carry a maximum penalty of 10 years in prison and a $2,000,000 fine.

“Those who traffick in counterfeit merchandise harm not only legitimate businesses but they potentially put the lives of consumers at grave risk,” said U.S. Attorney Hochul. “For this reason, we will continue to vigorously prosecute all violations pertaining to trademarks and consumer safety.”

“Counterfeit automotive safety components put the driving public at great risk,” said ICE-HIS Special Agent in Charge James C. Spero. “A counterfeit airbag has the potential to deploy and injure a vehicle’s occupants or worse, not deploy after a serious accident.”

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, on August 20, 2015, American Honda Motors Co., Inc. (Honda) purchased an air bag for a Honda Accord for $395.00 from an eBay user known as Rayscarparts71. The business contact information contained on the shipping receipt and business card supplied by Rayscarparts71 indicated that the airbag was sold by Raymond Whelan, PEQ · Auto Parts, 125 Beale Avenue, Buffalo, NY 14225. The packaging of the airbag was not consistent with a genuine, properly packaged and shipped airbag sent from Honda.

• The airbag had a serial number, known by Honda to be counterfeit, affixed to the body of the airbag.
• The airbag had labelling that is not consistent with genuine Honda airbag labelling.
• The airbag had connectors that are not consistent with genuine Honda airbag connectors.

On October 26, 2015, Honda alerted ICE-HSI about the counterfeit airbags. On December 14, 2015, investigators purchased another airbag from from eBay user Rayscarparts71 for $295. Verification from Honda indicated that the airbag purchased on December 14, 2015 was in fact a counterfeit airbag not manufactured by Honda.

According to the complaint, between February 2015 and March 2016, the defendant sold 403 airbags for $156,057. The counterfeit airbags were from various automakers including Honda, Nissan, Toyota, Mazda, Acura, Subaru, and Hyundai.

On February 25, 2016, investigators executed a search warrant at 3149 Walden Avenue in Depew, NY (Whelan’s business) and 125 Beale Avenue in Cheektowaga, NY (Whelan’s home). They seized 31 airbags, airbag accessory/repair kit, four hard drives, an HP Tower computer, and HP Laptop and miscellaneous business documents. After consulting with the various manufacturers of the brand logos on the airbags, it was determined all 31 airbags were counterfeit.

A forensic examination of the computer and laptop seized revealed various email and Skype conversations between the two defendants. During one email exchange, Whelan wrote to Nichols “It's been a great month! We have sold 50 units totaling approximately 20K! Would like to place another order asap as we are quickly selling out of these.”

During another conversation over Skype, Whelan and Nichols discuss the fact that the airbags are being sent in pieces and require assembly. Whelan to Nichols: “I tried to put some together but will need some instruction on the correct process. These are life saving devices after all.” Whelan goes on to say “I have assembled one with their instruction and it just may work. I can 't see why it wouldn't but....I'm not an airbag expert.”

Raymond Whelan made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and was released. He is due back in court on November 1, 2016. David Nichols will make an initial appearance at a later date.

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

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

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Josue Ortiz, 35, of Niagara Falls, NY, who was convicted of being a felon in possession of a firearm, was sentenced to time served and three years supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on December 23, 2015, the Niagara Falls Police Department was dispatched to a residence on Niagara Avenue. A resident living in the lower apartment told officers that she believed a resident living upstairs had a gun.

Officers went upstairs and made contact with the defendant through a closed door and asked Ortiz if he had a gun.  The officers talked Ortiz into putting down the gun (a 12 gauge shotgun) and putting his hands up. Officers then placed the defendant in handcuffs and secured the gun.    

Josue Ortiz served 10 years in state prison for the murders of Nelson and Miguel Camacho. His conviction was vacated by an Erie County Court judge based on the findings of another federal investigation.   

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

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Alexander Rivera-Santiago, 32, of Buffalo, NY, pleaded guilty to being a felon in possession of a firearm and ammunition before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

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

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

BUFFALO, NY – The Drug Enforcement Administration holds its 12th National Prescription Drug Take Back Day tomorrow, Saturday October 22 between 10 a.m. and 2 p.m. The public can dispose of their unused, unwanted prescription medications at one of 4,700 collection sites nationwide, operated by 3,800 local law enforcement agencies and other community partners. The service is free of charge, no questions asked.

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

Last April, during its 11th Take Back Day, the DEA and over 4,200 of its national, tribal, and community law enforcement partners collected 893,498 pounds (about 447 tons) of unwanted prescription drugs at almost 5,400 collection sites. Since the program began six years ago, about 6.4 million pounds (about 3,200 tons) of drugs have been collected. That’s more than a quarter pound of pills for each of the 25 million children aged 12 to 17 in America, pills that won’t result in abuse or overdose.  
 
Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted. For more go to DEA.gov.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jeffrey Tomasik, 31, of Hamburg, NY, was arrested and charged by criminal complaint with mail and wire fraud. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that according to the complaint, the defendant ran a used textbook scheme. Tomasik rented textbooks from various companies and then sold the textbooks, primarily on eBay. The defendant did not return the textbooks when the rental contracts expired, instead ignoring the collection notices and making it difficult for the companies to find him by using aliases.  Tomasik used at least 20 online accounts and email addresses to perpetrate the alleged fraud.

In addition, Tomasik entered into a sizeable contract with two victims in California.  After receiving a $50,000 down payment for used textbooks from the victims via PayPal, the defendant allegedly sent a single textbook and removed his bank information from his PayPal account so that the victims could not recoup their money.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on his own recognizance with certain conditions.

The criminal complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Boston Division Inspector in Charge Shelly A. Binkowski.

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.-U.S. Attorney William J. Hochul Jr. announced today that Eli Clark, 25, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute 28 grams or more of crack cocaine The charge carries a minimum penalty of five years and a maximum penalty of 40 years in prison and a $5,000,000 fine.

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

The defendant made an initial appearance this afternoon before the U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and in being held pending a detention hearing scheduled for October 24, 2016 at 10:30 a.m.

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

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Paul Keener, a/k/a Aaron Silverman, a/k/a Paul Robison, a/k/a Scott Walker, 47, of Cheektowaga, NY, who was convicted of aggravated identity theft, was sentenced to two years in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that in 1996, the defendant escaped from state custody in Colorado. Soon thereafter, Keener purchased false identification documents associated with a confirmed missing person who has been missing from his family in Virginia since 1993. The defendant purchased the identification documents from a seller on Craigslist for $300.00. 

From 1995 to the present, Keener maintained several aliases, supported by false identification documents including U.S. passports and driver’s licenses. Law enforcement officials learned of the defendant’s presence in Western New York in January 2016. Using his aliases and false identification documents, Keener has crossed into Canada, registered to vote, applied for and received federal financial student aid, and has obtained Social Security cards.

The sentencing is the result of an investigation by the Diplomatic Security Service, U.S. Department of State, under the direction of William Ferrari, the Social Security Administration, Office of Inspector General, under the direction of Edward J. Ryan, and the United States Marshals Service, under the direction Charles Salina.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Karl and Sorina Morrison, both 59, of Kitchener, Ontario, were arrested and charged by criminal complaint with conspiracy to import and export controlled substances and analogues and attempt to export controlled substances and analogues. Each charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that, according to the criminal complaint, on August 29, 2016, American law enforcement officers intercepted a package that was mailed from China and addressed to Karl Morrison at a UPS store in Niagara Falls, NY. Inside the package were four sample-sized packets of powder, two of which were tested and determined to contain 4-Methoxy Butyryl Fentanyl and Para-Fluoro Butyryl Fentanyl. If intended for human consumption, these synthetic substances are analogues of the Schedule II controlled substance fentanyl.

On October 15, 2016, Morrison and his wife Sorina entered the United States from Canada at the Lewiston Queenston Port of Entry. The couple retrieved four packages from a UPS store, bought shipping supplies, and repackaged the contents of the original packages into new envelopes that they paid to ship back to Canada, including one to their home address.  Law enforcement officers recovered these packages. Two contained more sample-sized packets of powder, including one apparently labeled as furanyl fentanyl. The third was a two-pound package containing a bulk quantity of powder that Sorina Morrison falsely declared as cinnamon butter.

The couple discarded the Chinese shipping labels of the original packages in various garbage cans around Niagara County. They also obtained from a telephone book the name and address of an unsuspecting citizen in Niagara Falls to use as the return address on the packages they shipped to Canada. Karl and Sorina Morrison were arrested as they drove back across the Lewiston Bridge toward Canada.

The defendants made an initial appearance before the U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being detained pending a hearing scheduled for October 24, 2016, at 10:00 a.m.

The criminal complaint is the result of an investigation by Customs and Border Protection, under the direction of Acting Director of Field Operations Rose Hilmey, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. hunt, New York Field Division, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector in Charge Shelly A. Binkowski.

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

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Damion Colabatistto, 39, of Rochester, NY was convicted following a jury trial of murder, conspiracy to possess and distribute cocaine, crack cocaine and heroin and possessing firearms during, in relation to and in furtherance of the narcotics conspiracy. 

“This verdict concludes a prosecution involving one of the most violent group of defendants that Rochester has ever seen,” said U.S. Attorney Hochul. “Over the course of a decade, these defendants trafficked deadly drugs, brutally attacked those they perceived as threats, and were willing to murder without regard for might be harmed by their gunfire. The entire community should be proud of the extraordinary work of Assistant United States Attorneys Rodriguez and Marangola, and all who worked on this critically important prosecution. “  

ATF Special Agent in Charge Ashan M. Benedict said, “Damion Colabatistto was an enforcer for a violent narcotics distribution organization who was responsible for many acts of violence in support of the group’s illicit activities in the greater Rochester area. That violence extended to innocent people, including Moesha Harmon, 20 years old, a mother of two small children, who was gunned down just a few days shy of her 21st birthday, when Colabatistto, attempting to kill a target of the organization, fired multiple times into the wrong house. Though no words can replace the love of a mother lost so senselessly and tragically, we hope that Colabatistto’s conviction brings some closure to Ms. Harmon’s children and the rest of her family. Those out there who use firearms to intimidate, injure, or kill should know that ATF and our law enforcement partners remain committed to seeing you arrested, convicted, and imprisoned. We would like to express our gratitude to the Rochester Police Department and the U.S. Attorney’s Office for their dedication to this investigation.” 

The murder conviction carries a maximum term of life in prison, the drug conspiracy a maximum term of 20 years in prison, and the firearms conviction carries a mandatory minimum five years in prison and a maximum of life, to run consecutive to the sentences imposed on the other counts of conviction.

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

In May 2016, Angelo Ocasio was convicted following a jury trial in connection with the shooting of Meosha Harmon and of the underlying drug trafficking conspiracy. Ocasio will be sentenced on November 9, 2016. 

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

James Kendrick and Paul Plaza were tried in a separate seven-week trial in June and July of this year. They were each found guilty of the drug trafficking conspiracy and of several firearms offenses, including offenses relating to the murder of Jose Troche. Kendrick and Plaza were also found guilty of the murder of Francisco Santos in October 1998. Santos’ body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, NY.  James Kendrick was also found guilty of the murder of Ryan Cooper in the spring of 1999.  Cooper’s remains have never been found.  Like Jose Troche, both Santos and Cooper (who was a cousin of Kendrick’s and Plaza’s) were murdered because Kendrick and Plaza believed they were disloyal members of the conspiracy who had cooperated with the police or were planning to do so.  Kendrick and Plaza will be sentenced on November 22, 2016.  

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

Damion Colabatistto’s conviction is the culmination of an investigation which commenced in 2010. As a result of the investigation and resulting prosecutions, four murders (Francisco Santos in 1998, Ryan Cooper in 1999, Meosha Harmon in 2009 and Jose Troche in 2010) have been solved and the responsible murderers have been brought to justice.  Altogether, 11 co-conspirators have been convicted in connection with the underlying drug distribution conspiracy and/or the firearms possessions and murders committed in furtherance of the conspiracy. 
 
The conviction of Colabatistto and of his co-conspirators before him are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan M. Benedict, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Sergio Ramses Mucino, 42, Jose Sanchez-Ocampo, 37, and Marguin Sanchez, 22, all of Buffalo, NY, were charged by criminal complaint with conspiracy to harbor illegal aliens. The charge carries a maximum penalty of 10 years in prison and $250,000 fine.

“This office will continue to ensure that all employers play by the same set of rules regarding the operation of their business,” said U.S. Attorney Hochul. “This is particularly true in the restaurant industry, where health, safety, and financial rules apply to protect the public and staff alike.”

“Building and supporting a business through the intentional use of people not lawfully authorized to work here is a model that HSI will not tolerate," said Kevin Sibley, acting Special Agent in charge of HSI Buffalo. "These alleged practices not only put competitors at an economic disadvantage, they often come at the peril of the workers.”
In addition, Juan Carlos Bernal-Lujano, 51, and Miguel Sanchez-Ocampo, 30, were charged with illegal re-entry after a felony conviction. Abel Cruz-Martinez, 46, Aida Ramirez-Arellano, 23, Alejandro Valadez-Leon, 47, and Aracelli Lopez-Martinez, 33, were also charged with illegal re-entry.

Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, Mucino, with the assistance of Sanchez-Ocampo and Sanchez, operates four restaurants in the City of Buffalo, Town of Cheektowaga and Village of Kenmore. The restaurants, where Mucino allegedly employs multiple unauthorized individuals, include Don Tequila on Allen Street in Buffalo, El Agave on Union Road in Cheektowaga, Agave on Elmwood Avenue in Buffalo, and La Divina on Delaware Avenue in Kenmore.

In March 2016, Immigration and Customs Enforcement received information that Mucino made all decisions regarding hiring and employee remuneration. The investigation further revealed that a majority of the workforce at Mucino’s restaurants are undocumented employees who are paid weekly in cash and that there are one or two legal employees per restaurant who receive payroll checks. After paying each employee in cash, each business allegedly grosses approximately $50,000 in cash, per week, none of which is reported for state or federal taxes.

A review of four bank accounts associated with the restaurants showed that Mucino would frequently commingle payroll and monthly expenses among these accounts. Between   January 1, 2014 and June 2016, Mucino issued and endorsed checks to Sanchez-Ocampo, identified as his “right hand man” totaling approximately $278,432. And between June 27, 2015 and October 20, 2015, Mucino issued and endorsed checks to Marquin Sanchez totaling approximately $102,476.38.

Ongoing surveillance between July 2014 and the present found 38 Hispanic individuals working at the restaurants and living in nine apartments and two houses within close proximity to the restaurants. The investigation determined that the nine apartments are being rented and paid for Mucino and Sanchez-Ocampo and the two houses were purchased by Marguin Sanchez in cash for the purpose of housing the illegal workers. The complaint further alleges the employees worked six days a week, 14 hours a day and are paid approximately $500 to $800 in cash, per week.

Mucino and Sanchez-Ocampo have been arrested and will make an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroder. Marguin Sanchez has not yet been taken into custody.

During this morning’s operation, officers seized a 2008 Ford Edge and a 2016 Cadillac Escalade allegedly used to transport the workers as well as a 2009 Porsche Boxter which was purchased with the illegal restaurant proceeds.     

The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the New York State Department of Taxation and Finance.

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

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Gregory Stonoha, 24, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to 48 months in prison by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney John J. Field, who handled the case, stated that Stonoha was found to possess more than 1,000 images of child pornography involving prepubescent minors. Stonoha used an application known as Kik to trade child pornography with other users, and to engage in sexually explicit “chats” with other users.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Paul F. Archambault, Jr., 29, of Buffalo, NY, who was convicted following a jury trial of production, receipt and possession of child pornography, was sentenced to 30 years in prison by U.S. District Judge Richard J. Arcara. The 30 year sentence will be served consecutive to a seven year sentence the defendant received in the Northern District of New York for failing to register as a sex offender and a violation of supervised release. 

Assistant U.S. Attorneys Aaron J. Mango and Scott S. Allen, Jr., who handled the prosecution of the case, stated that in August 2012, the defendant contacted a minor victim via MeetMe.com, a social networking website. Archambault later enticed that minor victim to engage in sexually explicit conduct for the purpose of producing visual depictions. The defendant was also found guilty of two counts of receipt of child pornography for images he obtained from the minor victim via email, and one count of possessing child pornography on a SD card, located within one of the defendant’s two cellular phones. 

Archambault was previously convicted of possessing child pornography in the Northern District of New York in 2009.

The sentencing is the result of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the United States Marshals Service, under the direction of Charles Salina.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Jose Cisneros, 31, of Blasdell, NY, pleaded guilty to possession of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in August 2015, the Blasdell Police Department alerted the FBI about a 13 year old female (victim 1) engaging in sexually explicit conversations using the Kik application and text messages with an individual later identified as Cisneros. During their communications, the defendant and victim 1 exchanged graphic photos.     

During an interview with the FBI, the mother of Cisneros’s two children told agents that she found a phone belonging to the defendant which contained a sexual text conversation. The woman confronted Cisneros which resulted in an argument that led to police responding to the residence.   

The plea is the culmination of an investigation by Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen.

Sentencing is scheduled for February 10, 2016 at 1:30 p.m. before Judge Arcara.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Lionel C. Carter, a/k/a Skip, 60, of Wellsville, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara 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 penalty of 20 years in prison and a $5,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January of 2011 and October of 2014, the defendant 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 process of manufacturing methamphetamine.
Carter is one of 12 defendants charged in a methamphetamine manufacturing conspiracy in Allegany County. He is the fourth defendant to be convicted. Charges are pending against the remaining eight defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.    
The 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, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, 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 February 10, 2016, before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alagi Samba, 46, of Bronx, NY, pleaded guilty to conspiracy to commit wire fraud affecting a financial institution, before U.S. District Judge Laurence J. Vilardo. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Kathleen A. Lynch and Elizabeth Moellering, who are handling the case, stated that between June 2008 and February 2009, the defendant conspired with other individuals to devise a scheme to commit mortgage fraud which included obtaining seven loans for unqualified borrowers. 

As part of the scheme, Samba served as a realtor on behalf of co-conspirator Daniel Badu in the purchase of a property at 814 Faile Street, Bronx, NY. The defendant was aware that Badu was employed as a home health aide and did not have the income or assets to qualify for a mortgage loan in the amount of $574,543 to purchase the property. Samba obtained Badu’s personal identification information and business documents and provided them to another co-conspirator, a mortgage broker, knowing that the documents would be altered or created to falsely indicate that Badu was an ophthalmologist at his company Eagle Eyes. In addition, fraudulent paystubs and tax returns were submitted to support the loan application. Samba knew that these false loan documents were submitted a mortgage bank in order to secure a loan insured by the Federal Housing Administration. Based on that false application and supporting documentation, the loan was approved.

The defendant and his co-conspirators arranged for additional fraudulent loans to be approved, including another loan for Badu, and caused wire communications to be transmitted in interstate commerce for those loans. These fraudulent transactions caused losses of approximately $3,603,830 affecting financial institutions in Buffalo and elsewhere.

Daniel Badu was also convicted of wire fraud affecting a financial institution and is scheduled to be sentenced on November 15, 2016 at 10:00 am before Judge Vilardo.

Charges are pending against defendants Gregory Gibbons, Julio Rodriguez, Laurence Savedoff, and Tina Brown. 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 culmination of an investigation by the United States Postal Inspection Service under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, the United States Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Brad Geary; and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.  Additionally, the New York State Department of Financial Services assisted with the investigation.

Sentencing for defendant Samba is scheduled for March 14, 2017 at 10:00 a.m. also before Judge Vilardo.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Pedro Cruz, 40, of Rochester, NY, who was convicted of possession of child pornography, was sentenced to 97 months in prison by Chief U.S. District Judge Frank P. Geraci.  

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that the investigation began when law enforcement officers discovered the downloading of child pornography related to a website and a particular user name. The investigation led to the execution of a search warrant at Cruz’s residence. Forensic previews of some computer-related items seized from the defendant’s residence revealed thousands of images of child pornography on a laptop computer, thousands of images of child pornography on a desktop computer, over 30,000 images of child pornography on an external hard drive, and over 20,000 images of child pornography on various CDs and DVDs. 

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

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr., announced today that David Whitworth, 44, of Madison, Wisconsin, who was convicted of production of child pornography and receipt of child pornography, was sentenced to 25 years in prison by Senior U.S. District Court Judge William M. Skretny.
“This case demonstrates how unscrupulous predators are willing to take advantage of the innocent dreams of children,” said U.S. Attorney Hochul. “As a result of this  sentence, this defendant will no longer have the opportunity to do so.”
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in July 2011, a 16 year old contacted the Lancaster Police Department and reported that she had been contacted by several modeling agencies. All of the agencies offered the 16 year old girl the promise of a modeling career and money if she sent photographs of herself in various stages of undress. Lancaster Police then contacted the FBI.
In a subsequent interview, the victim told police that she met a male identified as “Logan” in an AOL chat room. “Logan” offered to take her to New York City and help her become a model. The victim sent photographs to “Logan.” After sending the photos, the victims said she was contacted by 10 other people who indicated they were modeling agents or associates or “Logan.” The victim then sent multiple graphic images to these agents and associates via the internet. Further investigation determined that the defendant was “Logan” as well as the other modeling agents and associates. 
The sentencing is the result of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Cheektowaga Police Department under the direction of Chief David Zack, and Lancaster Police Department under the direction of Chief Gerald Gill.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Nicholas Mussolini, 30, Williamsville, NY, who was convicted of wire fraud, was sentenced to 27 months in prison by U.S. District Judge Richard J. Arcara.  Musssolini was also ordered to pay $ 1,028,782 in restitution. 

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant defrauded investment companies in an advance fee scheme, which resulted in financial losses. The victims included a film production company, Applecreek Productions, located in England which lost more than $400,000. Mussolini, and his co-conspirators, represented to the victim film production company that he could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives of the company that he could monetize the stand by letter of credit which would provide the film production company with $100 million dollars in loans.  As part of the scheme, Mussolini required the company to provide him with $500,000 which would purportedly cover the costs associated with the financial transaction.  The film production company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirators, used the funds for their own purposes. Mussolini committed similar acts with several other companies seeking financial backing. 

The sentencing is the culmination of an investigation by the Federal Bureau of Investigations, 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.-U.S. Attorney William J. Hochul Jr. announced today that Richard D’Arcy, Jr., 37, of Buffalo, NY, was arrested and charged by criminal complaint with theft of mail. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

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

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

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

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

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.-U.S. Attorney William J. Hochul Jr. announced today that a federal jury has convicted Alexis Javier Centeno-Baez, 22, of Buffalo, NY, of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine and attempt to possess with intent to distribute 500 grams or more of cocaine. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorneys Wei Xiang and Brendan T. Cullinane, who are handling the case, stated that on August 24, 2015, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed and revealed two individually wrapped kilograms of cocaine stuffed inside a LEGO box. During a controlled delivery, Centeno Baez went to the address and retrieved the package. When Drug Enforcement Administration Agents approached to arrest him, the defendant left the package in his car and fled on foot.  Agents pursued Centeno Baez and apprehended him about three blocks away.

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

Sentencing is scheduled for February 9, 2016 at 12:30 p.m. before U.S. District Judge Richard J. Arcara, who presided over the trial of the case.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Robert Acker, 34, of Cheektowaga, NY, was charged by criminal complaint with possession of child pornography depicting minors less than 12 years of age. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, on September 1, 2016, the Federal Bureau of Investigation executed a search warrant at the defendant’s residence and seized several electronic devices and DVDs. A forensic examination revealed that Acker was in possession of more than 7,000 images of child pornography, some of which depict prepubescent children less than 12 years of age.

Acker made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and was ordered to abide by the conditions of the Home Confinement Program, which requires that he be electronically monitored.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, Violent Crimes Against Children program, under the direction of Special Agent in Charge Adam S. Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Brent Derouen, 37, of Webster, NY, who was convicted of two misdemeanor counts of failing to file federal income tax returns, was sentenced to 30 days in jail, six months of weekend confinement in jail and 400 hours of community service by U.S. Magistrate Judge Jonathan W. Feldman.  The defendant was also ordered to pay $460,707.47 in restitution to the Internal Revenue Service.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Derouen operated a stock promotion business, OTC Advisors LLC. In 2009 and 2010, the defendant earned income of approximately $181,000 and $390,000. Derouen knew he was obligated to report this income to the Internal Revenue Service, and pay taxes on it, but deliberately failed to do so.

The sentencing is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Shirley Anne Conners, a/k/a Shirley Anne Faragalli, 62, Cheektowaga, NY, was arrested and charged by criminal complaint with making a false claim to United States citizenship in order to vote.  The charge carries a maximum penalty of five years in prison.

Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, the defendant is a native and citizen of Canada and has been illegally present in the United States since the early 1970s. Conners has voted in over 20 Federal, State, and local elections since 1995, the last being the New York State Democratic Presidential Primary on April 19, 2016. 

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released into the custody of Immigration and Customs Enforcement.

The criminal complaint is the result of an investigation by U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Special Agent in Charge Michael Phillips.  

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

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

BUFFALO, NY—William J. Hochul, Jr., announced today that he will leave his position as United States Attorney, and retire from public service after nearly 30 years in the Department of Justice. U.S. Attorney Hochul will leave his position October 28.

“While the threat to Americans and Western New Yorkers has changed over the decades of my service, it has been my experience that certain fundamental truths have remained constant,” said U.S. Attorney Hochul. “First, the commitment of law enforcement to protect and serve the public has never wavered, and it has been an honor to work with these heroes. Second, the system in which we operate is truly the best the world has ever seen. Finally, it has been a great privilege to be able to achieve justice for those who have been targeted or hurt by vicious predators, unscrupulous fraudsters, and criminals of every type.”    

President Barack Obama nominated Mr. Hochul to serve as the United States Attorney for the Western District of New York in 2009. Following unanimous confirmation by the United States Senate in 2010, he oversaw the prosecution of all federal criminal cases brought within the 17 counties of Western New York. Mr. Hochul also directed and supervised all other matters occurring in the District in which the United States was a party, including affirmative and defensive civil litigation, appellate matters, forfeiture, and more.  

Under Mr. Hochul’s leadership, the United States Attorney’s Office successfully implemented numerous strategies, organizational initiatives, and public outreach programs designed to keep the community safe. Criminal prosecution of terrorism, intellectual property, white collar, environmental, narcotics, identity theft, and cyber-related offenses resulted in some of the most significant cases in District history. Civil litigation returned hundreds of millions of dollars to the United States taxpayers, while simultaneously protecting against frivolous lawsuits. 
   
While Mr. Hochul began serving as United States Attorney over six years ago, his career in the Department of Justice began decades earlier. Upon concluding work as a law clerk to a Maryland Court of Appeal Judge and as an associate at a large international law firm based in Washington, Mr. Hochul joined the Department of Justice in 1987 as an Assistant United States Attorney for the District of Columbia. In this role, he prosecuted an extensive array of violent and white collar criminal cases, and later specialized in the prosecution of first-degree and gang-related murder cases.

Mr. Hochul returned to his hometown of Buffalo when he became an Assistant United States Attorney for the Western District of New York in 1991.  He prosecuted a large number of notorious violent and white collar criminals, fraud, racketeering and intellectual property offenses, and emerging international organized crime groups. Among his many accomplishments, Mr. Hochul became one of the first federal prosecutors to utilize the federal racketeering laws to dismantle an entire street gang. The prosecution of the “LA Boys” resulted in the murder rate in the City of Buffalo decreasing by nearly 50%.  Other significant prosecutions undertaken by Mr. Hochul early in his Buffalo career involved 20 members of a Niagara County based labor union which used violence against non-union employees and others; a massive food stamp fraud scheme encompassing multiple States; a multi-defendant cigarette trafficking ring, in which the States of Michigan and New York were defrauded of over fifty million dollars; and an international intellectual property trafficking ring, where millions of dollars of proceeds were transmitted to China and the Middle East.   

Mr. Hochul became Chief of the Office’s Anti-Terrorism Unit following September 11, 2001, and Chief of the National Security Division in 2006. While in these positions, Mr. Hochul served as lead prosecutor in several high-profile international terrorism cases, including the highly successful prosecution of the internationally known Lackawanna Six, the first known instance of Americans traveling to train with al Qaeda. 

For his role in the Lackawanna Six case, Mr. Hochul and others who worked with him received the Attorney General’s Award for Exceptional Service – the highest award conferred by the Department of Justice, as well as a Service to America Award, presented by the Partnership for Public Service. 

ENR Magazine (McGraw Hill publication) named Mr. Hochul to its Top 25 Newsmaker Award, “for having purged Niagara County, New York of decades of construction industry violence and intimidation.”  In total, Mr. Hochul received over three dozen awards and honors for his work in the Department of Justice.  

Mr. Hochul’s work as United States Attorney spanned virtually every type of federal criminal and civil case.  Some of the noteworthy criminal cases in this time period included:

• Prosecution of over 200 gang members from 14 gangs. Two such cases, involving all of the members of the 7th and 10th Street Gangs, brought peace to the West Side of Buffalo. Other gang cases involved the East Side of Buffalo, Rochester, Lackawanna, Niagara Falls, and various public housing projects. Most recently, the Office charged members of the Kingsmen Motorcycle Club, including the leadership and officers located in Western New York, Florida and elsewhere, and concluded a successful prosecution of the Hells Angels Motorcycle Club, whose members operated in California, Rochester, and Batavia.
• Multiple terrorism and threat cases, including the successful prosecution of the first known ISIL recruiter, and a Rochester man who planned to kidnap and behead victims on New Year’s Eve. 
• Some of the largest environmental cases ever brought, including the highly successful prosecution of the Tonawanda Coke Corporation. This case, involving decades of deliberate release of harmful chemicals, resulted in criminal convictions and a judgment against the company of $25 million, a significant portion of which will remain in Western New York to fund health studies.  Cases involving the Kensington Towers, asbestos remediation projects in Rochester, and a massive ivory smuggling case were also successfully concluded.
• In the realm of public corruption, Mr. Hochul’s Office charged or convicted numerous public officials including an elected legislator, mayors, a Federal Highway Safety Official, State and City regulatory and administrative professionals, letter carriers, and police officers. One successful case, involving the prosecution of parking meter attendants, resulted in the City of Buffalo obtaining over $700,000 in additional parking fees the year after the defendants were charged. The prosecution of two police officers for abusing Injured on Duty Status, meanwhile, resulted in over one hundred police officers returning to active duty and no longer claiming IOD. 
• Regarding the opiate/heroin crisis - the leading cause of death in the area - Mr. Hochul’s tenure saw the prosecution of numerous doctors and health care professionals, along with the dismantling of some of the largest cocaine and heroin trafficking rings ever to operate in the District. 
• In the area of military safety, Mr. Hochul’s Office prosecuted cases involving defective helmet screws placed within service members helmets, and non-conforming magnesium used in the manufacture of aircraft counter-measures deployed in aircraft to save pilots and crew from incoming missiles.
• Mr. Hochul’s Office protected children and the most vulnerable through several significant human trafficking and pornography production cases.
• Mr. Hochul authorized federal prosecution of cases traditionally prosecuted in local courts, including the Epps insurance fraud prosecution, the prosecution of Rico Vendetti and others for their roles in a massive shoplifting ring which led to the death of 78 year old Homer Marciniak, the prosecution of off-duty police officers for excessive force or wrongful arrest, and several cold case prosecutions.  

As for civil litigation, Mr. Hochul oversaw the conclusion of the Erie County Jail litigation, and numerous cases involving the health care industry. The Office’s Asset Forfeiture Section, meanwhile, successfully transferred properties to not for profit entities, demolished decrepit buildings, and returned millions of dollars to taxpayers and victims of crime.

Along with his duties as United States Attorney, the Government frequently deployed Mr. Hochul to instruct, domestically and abroad, a wide variety of law enforcement groups, attorneys, and judges on matters relating to investigating and prosecuting organized crime, gang, terrorism, intellectual property, public corruption and money laundering offenses, as well as on police leadership. His most recent international travels took Mr. Hochul to Europe and Africa, where he consulted with judges, prosecutors and investigators from Burkina Faso, Togo, Benin, Botswana, Ghana, Nigeria, Serbia, Hungary, Bosnia and Herzegovina, and Ukraine.    

Mr. Hochul made outreach to the community a priority for his Office. The initiatives conducted by Mr. Hochul and his Office included: 

• Three Heroin/Opioid Drug Summits, with the first occurring in 2011
• Youth Engagement – Houghton Law 101; Teen Dating; Anti-Bullying
• Anti-Violence Pledge in all Buffalo Public Schools
• Fraud Awareness - How to Not Be a Victim; Identity Theft
• Protecting Children on-line
• The Justice Report
• Bridges
• How to Run a Business – provided to newly arrived refuges and others
• Annual Newsletters to Schools
• Intelligence meetings with area police
• Active Shooter Training for area businesses
• Intellectual Property Training for businesses
• Cyber Threats Training; Cyber Monday
• Hospital Compliance
• Sexual Assaults on Campus
• Church Safety
• First in the Nation Veteran’s Court
• Education to Parents on Use of Social Media Applications (Apps)
• Cultural Sensitivity Training for federal law enforcement

Finally, Mr. Hochul hired 20 Assistant United States Attorneys during his time as United States Attorney, representing almost 40% of the attorney staff. These attorneys bring widely diverse backgrounds, talents and experiences to the Office, and will no doubt carry on the important work of protecting the public and the Constitution for decades to come.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ryan Myrtle, 32, of Buffalo, NY, pleaded guilty to RICO conspiracy before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant admitted to being a member of the Kingsmen Motorcycle Club (KMC), a criminal organization which engaged in such crimes as distribution of controlled substances, maintaining premises for use and distribution of controlled substances, possession, use and sale of firearms, sales of untaxed cigarettes, and promoting prostitution.  The KMC sought to preserve and protect their power, territory, and reputation through intimidation, violence, threats of violence, assaults, attempted murder and murders, and was involved in placing victims, potential witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence. 
Myrtle further admitted that the Kingsmen operated by a strict chain of command serving under the direction of Kingsmen National President, David Pirk. On June 7, 2013, KMC forcibly shut down the Springville Chapter and stripped members of their colors because they were deemed non-compliant. The defendant participated in the forced shutdown during which other KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood.
In addition, on September 21, 2012, Myrtle participated in a drive-by shooting in order to retaliate against a former KMC member who assaulted a KMC Regional President.  On that date, two car loads of KMC members, including the defendant, drove to the residence of the person in the Riverside section of Buffalo and opened fire at the residence.  No injuries were reported.
Other acts of alleged violence by the Kingsmen include the murders of KMC members Paul Maue and Daniel "DJ" Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on September 6, 2014. 
Myrtle is one of 16 defendants arrested in this case and the third to be convicted. Charges are pending against the remaining 13 defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s plea is the culmination of an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. Assisting in the investigation: the FBI Knoxville, TN, and Jacksonville, FL Field Offices, Immigration and Customs Enforcement, Homeland Security Investigations, the Erie County Sheriff’s Office, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York State Police, the Olean Police Department, the Lancaster Police Department, the Amherst Police Department, the Town of Tonawanda Police Department, the Niagara Frontier Transportation Authority Police, the Cattaraugus County Sheriff’s Department, and the Hamburg Police Department.    
Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Allen M. Young, 40, of Barker, NY, who was convicted of possession with intent to distribute methylone, was sentenced to 200 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between October 21, 2011, and December 13, 2012, the defendant conspired with Peter Viera to obtain methylone from China, which Young then distributed. On December 13, 2012, while members of the Orleans County Major Felony Crime Task Force were attempting to execute a search warrant on Young and his car, he fled at a high rate of speed before crashing the car in Ridgeway, NY. Young fled the scene on foot. Nine rounds of .50 caliber ammunition were found in the car. As he fled, the defendant discarded a backpack near the scene of the crash which contained 1.8 pounds of methylone and just over one pound of marijuana.

Young was subsequently arrested in Erie, Pennsylvania on February 14, 2013. On April 5, 2013, officers executed a search warrant at his residence and seized seven firearms belonging to the defendant.

Peter Viera was also convicted and sentenced to 70 months in prison. 
 
The sentencing is the result of an investigation on the part of the Orleans County Major Felony Crime Task Force, under the direction of District Attorney Joseph V. Cardone and Sheriff Randall Bower, and the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Bradley J. Hollenbeck, 36, of Andover, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, 50 grams or more of a mixture and substance containing methamphetamine.  The charge carries a minimum penalty of five years in prison, a maximum of 20, and a $5,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January 2011 and late 2014, the defendant engaged in the practice of “smurfing,” buying small quantities of pseudoephedrine, at local pharmacies. Hollenbeck did so to get around restrictions on purchasing products containing pseudoephedrine. This is the most important chemical necessary in the process of manufacturing methamphetamine.
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, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, 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 January 17, 2016, before Judge Vilardo. 

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Rodney Walker, 46, of Atlanta, Georgia, who was convicted of wire fraud, was sentenced to 15 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $ 175,000 in restitution. 

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant defrauded investors in an advance fee scheme, which resulted in $175,000 dollars in financial losses to a film production company, Applecreek Productions, located in England. Walker represented to the victim film production company that he could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives of the company that he could monetize the stand by letter of credit which would provide the film production company with $100 million dollars in loans. As part of the scheme, Walker required the company to provide him with $175,000 which would purportedly cover the costs associated with the financial transaction. The film production company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirators, used the funds for their own purposes.

Co-conspirators John Nielson, Robert Storey, Rhett Shepard, Nick Mussolini have also been convicted in this case.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Kevin Szura, 20, of Queens, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, controlled substances and money laundering conspiracy, before U.S. District Judge Richard J. Arcara.  The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Szura conspired with others to sell mollies and Xanax. The defendant used the proceeds of the Xanax sales to buy and attempt to buy approximately $74,000 in bitcoins, and then used the bitcoins to buy more drugs for distribution. Szura and co-defendant Zhe Wang were students at the University at Buffalo during a portion of the conspiracy between March 2015 and March 2016. In March 2016, law enforcement officers intercepted two packages mailed from Canada and addressed to one of Szura’s co-defendants in Amherst that each contained nearly 3,000 Xanax bars.

Zhe Wang has also been convicted and is awaiting sentencing.

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

Sentencing is scheduled for February 3, 2017, before Judge Arcara.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Darryl Bagby, 33, of Buffalo, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci to being a felon in possession of ammunition. The conviction carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on November 25, 2015, the Erie County Sheriff’s Office executed a search warrant at the defendant’s residence at 116 Bidwell Parkway in Buffalo. Deputies recovered two rounds of ammunition, more than $19,000 in cash, cocaine, a digital scale, and other drug paraphernalia. Further investigation determined that the ammunition was manufactured in Russia and Minnesota. As a prior convicted felon, Babgby is prohibited from legally possessing ammunition.

The plea is the culmination of an investigation by the Erie County Sheriff’s Department, under the direction of Timothy Howard, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, New York Field Division.

Sentencing is scheduled for January 26, 2017 before Judge Geraci.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Troy Malecki, 48, of Williamsville, NY, was charged by criminal complaint with possession of child pornography depicting minors less than 12 years of age. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

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

Malecki made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was ordered to abide by the conditions of the Home Confinement Program, which requires that he be electronically monitored.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, Violent Crimes Against Children Program, under the direction of Special Agent in Charge Adam S. Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal jury has found Philip Zodhiates, 61, of Waynesboro, Virginia, guilty of international parental kidnapping and conspiracy to commit international parental kidnapping. The charges carry a maximum sentence of eight years in prison and a $500,000 fine. 
Assistant U.S. Attorneys Paul Van de Graaf and Michael DiGiacomo, who handled the prosecution of the case, stated that beginning in 2009, the defendant conspired with Lisa Miller to take Miller’s then seven year old daughter from Virginia to Nicaragua. Zodhiates transported Miller and the child to the Buffalo area where the two crossed over the Rainbow Bridge Port of Entry into Canada. Miller and the child then flew from Toronto, Ontario to Nicaragua. After arriving in Nicaragua, Miller was sheltered and assisted by others who were recruited by Zodhiates. Miller and the child have not been seen since. 
According to evidence presented by the Government, the kidnapping was an attempt to obstruct the parental rights of Miller’s former partner from a civil union that took place in the State of Vermont. The child was born during the period of the civil union and the State of Vermont accordingly governed the parental rights of both Miller and her former partner.  
Lisa Miller is also charged with international parental kidnapping and conspiracy to commit international parental kidnapping but remains a fugitive. Also charged in this case is Timothy Miller (no relation) from Nicaragua. He was recently arrested after being deported by Nicaragua and is due to appear in the Western District of New York at a later date.
A fourth defendant, Kenneth Miller (also not related) from Virginia, was charged and convicted of international parental kidnapping in the District of Vermont in 2012. Kenneth Miller is currently serving a 27 month prison sentence.      
The verdict is the culmination of an investigation by the Vermont Office of the United States Marshal’s Service, under the direction of David Damag, and the Vermont Office of the Federal Bureau of Investigation, under the direction of Andrew Vale, Special Agent in Charge.    
Sentencing is scheduled for January 30, 2017 at 1:00 p.m. before U.S District Judge Richard J. Arcara who presided over the trial of the case.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Samir Hassan, 36, of Buffalo, NY, who was convicted of food stamp fraud, was sentenced to 12 months in prison by U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay restitution totaling $192,447.00.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Hassan was the owner and operator of City Market & Deli and City Market in Buffalo. Between November 1, 2010 and August 31, 2012, the defendant directed his employees to purchase food stamp benefits for less than their full value in exchange for cash from eligible beneficiaries.

The sentencing is the result of an investigation by the United States Department of Agriculture, Office of Inspector General, under the direction of Special Agent in Charge William Squires.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that John Hayward, aka Frizz, 33, of Buffalo, NY, who was convicted of RICO conspiracy and conspiracy to distribute crack cocaine, was sentenced to 168 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, stated that between 2009 and January 23, 2012, Hayward was a member of the LRGP gang, which operates primarily in the area of Lombard, Rother, Playter and Gibson Streets in the City of Buffalo. LRGP was an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.

As a member of the LRGP Gang, the defendant began using 318 Sobieski Street as a trap house to manufacture and distribute illegal narcotics including crack cocaine. After numerous police raids, gang members began using other trap houses located at 42 Memorial Drive, 559 Fillmore Avenue and 29 Meyers Street in Buffalo, both within the LRGP territory.

Hayward was one of 19 LRGP Gang members and associates charged and convicted in this case.

The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, New York Field Office and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.