Western District of New York

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today Michael Bush, 45, of Jamestown, NY, who was convicted of transmitting communications containing threats to injure the person of another, was sentenced to 12 months in prison and three years supervised release by Chief U.S. District Court Judge Frank P. Geraci.

Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on January 2, 2015, and again on February 26, 2016, Bush, a former Jamestown Police Officer, posted threats on Topix.com. The posts contained threats to kill Jamestown area law enforcement officers.

The sentencing is the culmination of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings, and 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 Yasser Carrillo Chartrand, 24, a citizen of Cuba legally present in the United States, who was convicted of conspiracy to commit wire fraud, was sentenced to 12 months in prison by U.S. District Court Judge Richard J. Arcara. The defendant was also ordered to pay full restitution in the amount of $13,785.29 to various financial institutions. 

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Chartrand is one of six defendants arrested in a credit card scheme. Eduardo Hernandez Quinones, Claudia Diaz Diaz, Yaily Santurio Milian, Jose Valdivia Quinones and Misael Toledo Rios have all been convicted and sentenced for their involvement in the scheme.  

The six defendants conspired to obtain the credit/debit card numbers of actual people and then encoded counterfeit cards with the information. The defendants then used the counterfeit cards to purchase merchandise at retail stores including a Tops Market in Amherst, NY and a CVS Pharmacy in Buffalo, NY, and gas stations throughout Western New York. The gasoline that was purchased with counterfeit credit cards was re-sold for cash. 

Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Steven Nigrelli.

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 Burton Blake, 26, of Cheektowaga, NY, pleaded guilty to distributing and possessing child pornography involving prepubescent children, before Chief U.S. District Judge Frank P. Geraci. The charges carry a maximum sentence of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that on October 16, 2015, a search warrant was executed at the defendant’s residence following an investigation that the defendant was utilizing a peer-to-peer network to distribute child pornography. Several items of computer equipment was seized from the residence. A forensic analysis revealed in excess of 60,000 images of child pornography and 23 videos of child pornography.
The plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam Cohen, Special Agent in Charge along with the City of Buffalo Police Department, under the direction of Commissioner Daniel Derenda.   
Sentencing is scheduled for January 26, 2017 at 10:30 a.m. 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 Ronnie Ortiz, 40, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute cocaine before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years and a $1,000,000.00 fine.
Assistant U.S. Attorney Patricia Astorga who is handling the case, stated that on July 18, 2016, the United States Postal Inspection Service obtained a federal search warrant for a postal parcel that was addressed to 14 Warren Ave in Buffalo that was mailed from Canovanas, Puerto Rico. The search revealed that the parcel contained approximately nine ounces of cocaine. 
On July 20, 2016, an undercover U.S. Postal Inspector, acting as a U.S. Postal Service Mail Carrier, delivered the parcel which had been replaced with sham and an electronic transmitter that would alert agents to the opening of the parcel. The U.S. Postal Inspector was met by Ortiz who signed for the parcel and took it into the residence. Minutes later, the electronic transmitter indicated the parcel had been opened. Agents went into the residence and arrested the defendant. 
The plea is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for January 10, 2017 at 10:00 a.m. 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 Richard Leon Wilbern, 56, of Rochester, NY, was arrested and charged by criminal complaint with credit union robbery resulting in death and possession and discharge of a firearm in furtherance of a crime of violence resulting in death. If convicted, the charges carry a penalty of life in prison or, with the approval of the Attorney General, the death penalty. 

"Coming after 13 long years, this arrest is a tribute to the dogged perseverance of law enforcement, and the prayers and support of victims, surviving family members, and the public," said U.S. Attorney Hochul. 
“We sought the public's help back in March, and we were not let down," said Adam S. Cohen, Special Agent in Charge of the FBI's Buffalo Division. "We cannot emphasize enough the value of the people who live and work in our community. We are beyond thankful to not only that one person, but to everyone who has worked tirelessly to get to this day."

Assistant U.S. Attorneys Douglas E. Gregory, who is handling the case, stated that according to the complaint, on August 12, 2003 at approximately 9:45 a.m., the defendant walked into Xerox Federal Credit Union (XFCU), located on the Xerox Corporation campus at 800 Phillips Road in Webster, NY. Wilbern was wearing a dark blue nylon jacket with the letters “FBI” written in yellow on the back of the jacket, sunglasses and a poorly fitting wig. The defendant was also carrying a large briefcase, a green and gray-colored umbrella and had what appeared to be a United States Marshals badge hanging on a chain around his neck.   

Wilbern went into the cubicle of a female employee and told the employee that he was there to conduct a security assessment and to “stage” a robbery. The defendant subsequently removed two firearms from the briefcase, one described as a handgun, the other a sawed-off shot gun or sawed-off rifle. Wilbern also removed a bag and instructed the employee to fill the bag with money from behind the teller counter. The employee complied with the demands.   

Shortly after, the defendant ordered employees and customers to lay down on the floor. While doing so, Wilbern confronted a customer Raymond Batzel who had just finished a banking transaction with the teller. After a very brief verbal altercation, the defendant shot Batzel in the neck which resulted in his death. As Wilbern shot Batzel, a second customer entered the credit union and attempted to turn and run back outside after witnessing the shooting. The defendant shot and wounded the customer in the back as he fled. After shooting the two customers, Wilbern returned to the teller counter area and, while holding the firearm in the air, told credit union employees to fill the bag with cash.   The defendant then took the money and fled the credit union leaving behind the umbrella. 

            In March 2016, a press conference was held to seek new leads in the investigation. Details of the crime were releases as well as photographs of Wilbern committing the robbery. Anyone with information was asked to call a dedicated hotline. 

            On March 27, 2016, a concerned citizen contacted the Federal Bureau of Investigation and indicated that the person who committed the crime was likely a former Xerox employee named Richard Wilbern. The citizen indicated that the defendant worked for Xerox prior to the robbery but had been fired. The citizen also stated that they recognized Wilbern’s face from the photos. 

            Further investigation determined that the defendant was in fact employed by Xerox between September 1996 and February 23, 2001 as which time he was terminated for repeated employment related infractions. Investigators also confirmed that that in August 2000, Wilbern filed a lawsuit against Xerox alleging that the company unlawfully discriminated against him with respect to the terms and conditions of his employment, subjected him to a hostile work environment, failed to hire him for a position for which he applied because of his race, and retaliated against him for complaining about Xerox’s discriminatory treatment. The investigation also determined that the defendant maintained checking and savings accounts at the Xerox Federal Credit Union.

The arrest and criminal complaint are the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Webster Police Department, under the direction of Chief Joseph P. Rieger, the New York State Police, under the direction of Major Craig Hanesworth, the Monroe County Sheriff’s Department, under the direction of Patrick O’Flynn, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the United States Marshals Service, under the direction of Charles Salina, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley. 

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

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

ROCHESTER, NY – U.S. Attorney William J. Hochul, Jr. announced today that eight defendants were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and distribution of one kilogram or more of a substance containing heroin, possession with intent to distribute and distribution of heroin, and use of a telephone to facilitate drug trafficking. The charges carry a minimum penalty of 10 years in prison and a maximum of life.
 
Named in the complaint are:

•           Israel Cedeno-Martinez, 42, a/k/a Punta
•           Mark Jones, Jr., 29, a/k/a Poop                                                                          
•           Marcel Jones, 26, a/k/a Cell, a/k/a Bug
•           Mark Jones, Sr., 53, a/k/a Pimp Juice, a/k/a Juice
•           Andrew Woodhouse, 30, a/k/a Woody
•           Scott Washington, a/k/a Body, a/k/a Addy
•           Shareef McCray, 39, a/k/a Reef, a/k/a Gritz
•           Tanner Rios, 29, a/k/a Ree

In addition, defendants Marcel Jones, Mark Jones, Jr., Mark Jones, Sr., Shareef McCray, and Tanner Rios are charged with possession of a firearm in furtherance of drug trafficking which carries a minimum penalty of five years in prison and maximum of life to be served consecutive to any penalty received on the drug charge.

“As this case demonstrates, the scourge of heroin has now reared its head in the beautiful community of Elmira,” said U.S. Attorney Hochul. “To address this life and death threat, we in all levels of law enforcement are committed to using all available tools until all traffickers are brought to justice.”

ATF Acting Special Agent in Charge Charlie J. Patterson said “Mark Jones, Sr., Mark Jones, Jr., Marcel Jones, and their associates, distributed heroin in Elmira, New York, using firearms, violence, and intimidation to further their criminal activities. They now face lengthy sentences in a Federal penitentiary as a just reward for their conduct.  Their arrests serve as a powerful message to those who peddle in violence and poison that we in law enforcement are ready to stop you, and that your drugs and guns will earn you nothing more than a lengthy stay in a 6x9 prison cell. ATF would like to extend our gratitude to the Elmira Police Department, New York State Police, Drug Enforcement Administration, and U.S. Attorney’s Office, for their hard work and perseverance during this lengthy investigation.”  

"As opioid overdose rates skyrocket, and law enforcement seize heroin in record amounts, our country is battling one of the largest drug threats to date," stated DEA Special Agent in Charge James Hunt. "Today's arrests have permanently dismantled an organization responsible for supplying our neighborhoods with poison used to feed addiction, enable crime and destroy families."  SAC Hunt commends DEA's local, state and federal law enforcement partners who worked tirelessly throughout this investigation.

New York State Police Superintendent George P. Beach II said, “Thanks to our continued partnership with federal and local law enforcement, the members of a dangerous drug trafficking operation are now behind bars, and we have prevented a significant amount of heroin from reaching the streets. Our message to drug dealers is simple: We will not tolerate illegal drug activity in our communities.”

            Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, the Drug Enforcement Administration, New York State Police, Elmira Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives have been investigating the drug trafficking activities of the eight defendants led by Marcel Jones since July 2015.

            The complaint further states that since at least 2013, the defendants distributed heroin throughout the City of Elmira, NY and the surrounding areas. The organization obtained large quantities of heroin primarily from defendant Israel Cedeno-Martinez in Trenton, New Jersey, and others including defendant Shareef McCray, an alternate source-of-supply in Scranton, Pennsylvania. Cedeno-Martinez provided large quantities of heroin to Mark Jones, Jr. who utilized 272 East Northhampton Street in Wilkes-Barre, Pennsylvania as a primary residence and a location to store, process, and package the heroin. The heroin was then transported by vehicle to Elmira and sold by multiple distributors of the organization.
 
The investigation determined that heroin sold by the organization contained fentanyl, a deadly narcotic sometimes added to heroin. At least three known customers of the organization died after overdosing.  
 
            The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Richard Allen, the Elmira Police Department, under the direction of Chief Joseph Kane, the Chemung County District Attorney’s Office, under the direction of Weedon Whetmore, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, the Elmira Heights Police Department, under the direction of Chief  A. Rick Churches, the Horseheads Police Department, under the direction of  Sergeant Scott C. Zelko, and the Chemung County Sheriff’s Department, under the direction of Christopher Moss.
 
            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 Nichole Crosson, 23, of Buffalo, NY, who was convicted of opening mail without lawful authority, was sentenced to two years probation by U.S. Magistrate Judge Michael j. Roemer. The defendant was also ordered to pay $1,729.21 in restitution.

Assistant U.S. Attorney John D. Fabian, who handled the case, stated that the defendant, a former United States Postal Service mail carrier, opened mail and removed gift cards and cash while working as a mail carrier. For instance, Crosson removed $50 in cash from a greeting card intended for delivery to a resident in West Seneca, NY in April 2016. Between January 1, 2016 and April 15, 2016, the defendant removed cash and gift cards totaling $1,729.21 from a number of mailings.

The sentencing 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., with the assistance of the Eden Police Department, under the direction of Chief Michael J. Felschow.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Ashley Hollins, 29, of Buffalo, NY, pleaded guilty today to bank fraud before U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Maura K. O’Donnell, and Elizabeth R. Moellering, who are handling the case, stated that between 2010 and 2015, the defendant opened bank accounts in her name, and in the names of others, at various area banks. Hollins then wrote and negotiated, or attempted to negotiate, over 200 checks against these bank accounts, totaling approximately $55,860. The defendant knew that the bank accounts did not have sufficient funds to cover the amounts of the checks. Hollins also withdrew funds from some of the accounts before the banks realized that the checks would not clear or that the accounts on which they were drawn had been closed. 

The plea is the culmination of an investigation by the United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski, Boston Division.

Sentencing is scheduled for January 5, 2017 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 Frank Wilson, 55, of Tonawanda, NY, was arrested and charged by criminal complaint with preparing fraudulent tax returns. The charge carries a maximum penalty of three years in prison and a fine of $100,000.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, Wilson operated an income tax return preparation business in Rochester. The defendant prepared at least 18 false tax returns claiming total refunds of at least $90,508. The complaint further states that Wilson’s conduct appears to be related to much larger, nationwide fraud scheme involving approximately 3,529 false tax returns that sought a total of approximately $12,361,498 in fraudulent refunds. Many of the taxpayers who hired Wilson to prepare tax returns did not review their tax returns, did not know that the defendant had included fraudulent information on their returns, and did not receive any refund from Wilson as result of the fraudulent returns.

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

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

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 Edwin Murray, 52 of Rochester, NY, who was convicted of possession with intent to distribute cocaine and possession of a firearm in the furtherance of a drug trafficking crime, was sentenced to 75 months in prison by U.S. District Judge Elizabeth A. Wolford.  

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated on August 20, 2014, members of Rochester Police Department executed a search warrant in the downstairs apartment at 54 Miller Street in Rochester. During the execution of the search warrant, an investigator encountered Murray, who was the only person in the house at the time, in a bedroom. Under a bed, investigators found a black shoe box. Inside they found a clear plastic bag that contained 84 smaller ziplock baggies. Each baggie contained a white rocky material which was later identified as crack cocaine. Officers also located a wallet which contained $346.00 in United States Currency and marijuana. Officers also found a Ruko-Armscor Model M14 .22 caliber long rifle and a magazine for the rifle, which contained six rounds of .22 caliber ammunition.

The sentencing is the culmination of an investigation on the part of Rochester Police Department, under the direction of Rochester Police Department Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Alicia Wilson, 37, of Jamestown, NY, who was convicted of access device fraud, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay restitution totaling $28,508.44. 

Assistant U.S. Attorney Marie Grisanti, who handled the case, stated that Wilson, an in-home health care aid, applied for credit cards in the names of the elderly couple she cared for. The defendant used the credit cards online and at local retail establishments in Jamestown and Erie, Pennsylvania, and withdrew cash from local banks. Losses suffered by Bank of America, Capital One and Citizen’s Bank totaled more than $25,000. 

The sentencing is the result of an investigation by the United States Postal Inspection Service under the direction of Inspector in Charge Shelly Binkowski.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jordan Hildalgo, 25, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) conspiracy, was sentenced to 262 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also sentenced to 240 months for assaulting a federal officer while in custody. The sentences will be served concurrently.

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

•           On November 6, 2008, Hidalgo and co-defendant Ritchie Juarbe went to Raquan Lloyd’s house where Hidalgo shot and killed Lloyd. After the murder, Juarbe discarded the murder weapon, throwing it into the Niagara River.
•           On August 11, 2009, Hidalgo participated in the murder of Eric Morrow, a rival 10th Street Gang member, who was shot and killed at the corner of West and Auburn Avenues in Buffalo. Following the murder, Hidalgo got into a getaway vehicle driven by co-defendant Ritchie Juarbe.

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

On September 17, 2013, the defendant was being held at the Buffalo Federal Detention Facility in Batavia, NY. Assistant U.S. Attorney Wei Xiang, who handled that case, stated that on that day two deputy United States Marshals went to the facility to transfer Hidalgo to another facility. The defendant refused to leave his jail cell and began cursing and threatening the deputies. As the deputies went inside the jail cell to remove Hidalgo, the defendant punched one of the deputies multiple times in the head causing several cuts and a broken nose.    

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Andrew Reiner, 28, of Cheektowaga, NY, was arrested and charged by criminal complaint with enticing a minor for sexual activity.  The charge carries a mandatory minimum penalty of 10 years, a maximum of life in prison, and a fine of $250,000.

“This case is yet another example of why it is so important for parents and guardians to monitor the technology used by their children,” said U.S. Attorney Hochul. “This is key in the battle against predators lurking online.”

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, in September 2016, the mother and grandparents of a 15 year old girl alerted the Federal bureau of Investigation that their daughter and granddaughter was possibly enticed online by the defendant into sexual activity.

The family turned over the victim’s cellular telephone and tablet to special agents. A search of the devices found that beginning in June 2016, Reiner communicated with the victim via cellphone applications Kik and Skout. After learning the victim’s age, the defendant texted the victim messages of a sexual nature in order to entice her into sexual activity. Through communications via the cellphone applications and email, Reiner convinced the victim to sneak out of her home late at night to meet him for sexual activity on more than one occasion. The defendant also attempted to entice the victim to ask her friends to participate in sexual activity. After the victim’s cellular service was turned off, Reiner continued to attempt to contact the victim through early September.

If any members of the public have any information regarding this defendant, please call the Federal Bureau of Investigation at 716-856-7800 and ask for a member of the Child Exploitation Task Force. 

Reiner made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on September 27, 2016.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, Violent Crimes Against Children program.

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 Tyrone Brown, 24, of Buffalo, NY, pleaded guilty to RICO Conspiracy in connection with two deadly shootings before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of life in prison and a $250,000 fine. The charges carry a maximum penalty of life in prison and a $250,000 fine. 

According to Assistant U.S. Attorney Meghan A. Tokash, who is handling the prosecution of this case, Brown was a member of the Bailey Boys Gang, a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street.

• On January 11, 2011, the defendant shot and killed Harold McCain inside a store on Genesee Street in Buffalo.
• On June 14, 2011, Brown shot and killed Kevin Wilkins in a drive by shooting on Minnesota Avenue in Buffalo.
• On November 9, 2011, the defendant, co-defendant Eddie Allen, and other members of the Bailey Boys Gang robbed several people at a house party on Rounds Avenue in Buffalo. During the course of these robberies, Brown participated in the attempted murder of Omego Stafford who was shot and wounded.    
• On June 28, 2011, Brown and other co-defendants went to Shirley Avenue in Buffalo and opened fire on rival gang members. One person was shot and wounded.
• Between 2004 and April 23, 2013, the defendant and other members of the Bailey boys Gang distributed cocaine in the territory controlled by the gang.
As a result of the ongoing investigation into the Bailey Boys Gang, members now stand accused of four murders, 14 attempted murders, including four drive-by shootings. The attempted murders include a shooting that occurred during a neighborhood party with numerous children present and a shooting that occurred during a robbery. A total of 11 were arrested and to date, eight defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.          

Today’s plea is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of Acting District Attorney Michael Flaherty, the Buffalo Police Department, under direction of Police Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Special Agent in Charge Adam S. Cohen, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division. The Safe Streets Task Force includes  the Amherst Police Department, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Erie County Sheriff’s Department, the Hamburg Police Department, the Niagara Frontier Transportation Authority Police, the New York State Police, Town of Tonawanda Police Department, the U.S. Border Patrol, the U.S. Immigration and Customs Enforcement, Homeland Security Investigations, the U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations.

Sentencing is scheduled for January 25, 2017 at 11:00 a.m. before Judge Skretney.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. and Better Business Bureau of Upstate New York President Warren Clark will host “Opiates in the Workplace” tomorrow, September 22, 2016. There will be two sessions: 9:00-11:00 a.m. and 1:00-3:00 p.m.  The program will be held at the WBBZ studios located in the Eastern Hills Mall. Week.
This free program is open to businesses throughout WNY to learn how to recognize the signs of addiction and ways employers can help your employees.
The Department of Justice has designated September 19-23, 2016 as Prescription Opioid and Heroin Epidemic Awareness Week to bring awareness to this epidemic which continues to devastate families across the country and right in our own community.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Christopher Coy, 48, of Watkins Glen, NY, who was convicted of manufacturing methamphetamine, was sentenced to 18 months in prison by U.S. District Court Judge David G. Larimer.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on July 7, 2015 a search warrant was executed at 117 East Second Street, Apt 3, in Watkins Glen. Coy answered the door and was secured only after a brief struggle with officers.  Officers searched the residence and found various component parts of a methamphetamine laboratory. Officers also located methamphetamine and approximately $105.00 in US currency.
           
Officers arrested Coy who told them he started using methamphetamine 10 years earlier and had been making methamphetamine two times per month for about a year and a half.  

The plea is the culmination of an investigation on the part of the Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Schuyler County Sheriff’s Office, under the direction of Sheriff William E. Yessman, Jr., the Watkins Glen Village Police Department, under the direction of Chief Thomas Struble, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson.

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 Duarte, 23, of Buffalo, NY, pleaded guilty to discharge of a firearm in furtherance of drug trafficking and conspiracy to distribute heroin before U.S District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $250,000 fine.  
“This case demonstrates yet again the violence frequently associated with the illegal narcotics trade,” said U.S. Attorney Hochul.
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who are handling the case, stated that in June 2012, Duarte, co-defendant Jose L. Ramirez-Merced and others sold heroin on the West Side of Buffalo. On July 15, 2012, the group planned a home invasion robbery targeting the residence of heroin dealer Jose Rivera. However, the defendants and others invaded the wrong residence and stole cocaine and cash. 
As a result, Jose Rivera began making threats against individuals in the group and attempted to kill one of the individuals known as L.B. In response, the group decided to murder Rivera. On July 31, 2012, Duarte and Merced obtained two guns and proceeded to a residence on West Avenue in Buffalo where they opened fire, killing Rivera and wounding a female.     
Today’s plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction Special Agent in Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations.  
        Sentencing is scheduled for January 12, 2017 at 10:00 a.m. before Judge Vilardo. Merced was also convicted and is scheduled to be sentenced on November 7, 2016 before U.S. District Judge Richard J. 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 Teria Baker, aka Tiara Baker, 24, of Buffalo, NY, pleaded guilty to conspiring to commit access device fraud and aggravated identity theft before U.S. District Judge Lawrence J. Vilardo.  The access device fraud charge carries a maximum penalty of five years in prison and a $250,000 fine. Aggravated identity theft carries a mandatory consecutive term of two years in prison. 

Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that from October 2013 to December 2013, the defendant and others traveled to Walmart stores and other retail establishments in Western New York where they used unauthorized credit cards. The cards were obtained without the true account holder’s knowledge or authority. Baker and others purchased $500 store gift cards and other merchandise totaling in excess of $160,000. 

The plea is the culmination of an investigation on the part of the United States Postal Inspection Service under the direction of Boston Division Inspector in Charge Shelly A. Binkowski, and the United States Secret Service, under the direction of Assistant Special Agent in Charge Thomas Braun.

Sentencing is scheduled for January 12, 2017 at 10:00 a.m. 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 Carl Randle, 58, of Buffalo, NY, was convicted following a jury trial of menacing. The charge carries a maximum penalty of one year in prison and a $100,000 fine. 

Assistant U.S. Attorneys Stephanie O. Lamarque and Mary Catherine Baumgarten, who handled the prosecution the case, stated that the defendant was at the Veterans Affairs Medical Center in Buffalo, NY on May 16, 2016 receiving medical services. While waiting in a service line for at a coffee kiosk, Randle attempted to engage a woman who was also purchasing coffee. The woman declined to engage the defendant at which time Randle pulled out a gun, waved it around and threatened the victim.

Subsequently, the defendant walked away from the coffee kiosk area and proceeded to the third floor the VA and hid the gun in the medical center’s chapel. Randle was apprehended a short time later by VA police officers, who also recovered the weapon brandished by Randle. The gun upon inspection proved to be a BB gun. 

The verdict is the culmination of an investigation on the part of the Veterans Affairs Police Department, under the direction of Chief Acting Stephen Coville and Special Agents of the United States Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Jeffrey G. Hughes.

Sentencing will be scheduled at a later date before U.S. Magistrate Judge Jeremiah J. McCarthy who presided over the trial of the case.

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

BUFFALO, N.Y.-As prescription opioids and heroin continue to take a tragic toll on too many Americans and their families, U.S. Attorney William J. Hochul Jr. joined with the Drug Enforcement Administration for the start of Prescription Opioid and Heroin Epidemic Awareness Week.
 
“Each year, more Americans die from a drug overdose than in traffic accidents,” said U.S. Attorney Hochul. “This epidemic continues to take a heartbreaking toll on our local community. “To date, there are 150 confirmed opioid-related deaths in Erie County and 74% of those deaths involved fentanyl.” 
 
In 2014, over 27,000 lives were lost to heroin and opioids in the United States, and reports indicate that number increased in 2015 and this year. The largest number of deaths came from the abuse of prescription opioids, but the number of heroin deaths, including heroin laced with fentanyl, has increased dramatically over the last several years. 
 
The Department of Justice has designated September 19-23, 2016 as Prescription Opioid and Heroin Epidemic Awareness Week. The fight against this deadly epidemic involves a three-pronged approach: prevention; enforcement; and treatment. The goal of enforcement is to reduce the supply of these deadly substances.
 
U.S. Attorney Hochul further stated “Here in Western New York, we work closely with our partners at all levels, federal, state and local.” “We have prosecuted street dealers, gang members who sell drugs, doctors and other health care professionals. But we cannot arrest our way out of the problem. We will continue to join forces with our community partners in the medical, public health, prevention and treatment fields until we loosen the grip of this deadly epidemic.”
           
            U.S. Attorney Hochul encourages all in our community to:

•          Have meaningful conversations with your family about the dangers of heroin and opioid abuse, it can happen to anyone. 
•          Get involved in activities in the community against heroin and opioids. 
•          Contact law enforcement if you suspect drug-related activity in your neighborhood.
•          If you have prescription opioids in your home, make sure they are safely locked away.

To further raise awareness about this epidemic, on Thursday, September 22, 2016, the U.S. Attorney’s Office is partnering with the Better Business Bureau of Upstate NY to present “Opiates in the Workplace.”

This two-hour event is free and open to all businesses in WNY. Employers can learn how to recognize the signs of addiction and ways to assist employees.

For more information and to register, go to http://bbbupstateny.org/opiates-workplace-registration/.

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 grand jury has returned an indictment charging Dimas Colon-Cruz, 36, Denis Cruz, 29, and Michael Gonzalez-Colon, 20, all of Erie, Pennsylvania, with carjacking, use of a firearm in furtherance of a crime of violence, and interstate transportation of stolen property. The charges carry a mandatory minimum penalty of seven years in prison and a maximum of life.

Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that according to the indictment and a previously filed complaint, on July 20, 2015, the defendants traveled from Erie, Pennsylvania to Dunkirk, NY on stolen all-terrain vehicles. Shortly after arriving in Dunkirk, the ATV's were seized by the Dunkirk Police Department leaving the defendants without their means of transportation.

Subsequently, the defendants assaulted an individual (Victim 1) in the vicinity of Robin and Second Streets in Dunkirk. The defendants brandished firearms during the assault, struck Victim 1 in the face during the assault and stole several items from Victim 1. Almost immediately after Victim 1 was assaulted, a second victim (Victim 2) was assaulted by the defendants in the vicinity of 209 Robin Street. After exiting a car, Victim 2 was approached by the defendants and ordered to lie on the ground at which time the victim was struck in the head with a handgun. Following the assault, the defendants stole Victim 2’s car, a 2004 Pontiac Grand Am. Also on July 20, 2015, Lakeside Lawncare in Fredonia, NY, was burglarized and several items were stolen including a gray 2002 GMC Sierra pickup truck. On July 22, 2015, both the 2004 Pontiac Grand Am and the 2002 GMC Sierra pickup truck were recovered in Erie, Pennsylvania.

The indictment is the result of an investigation by the Dunkirk Police Department, under the direction of Chief David Ortolano, the Erie, Pennsylvania Police Department, under the direction of Chief Randy Bowers, the New York State Police, under the direction of Major Steven Nigrelli, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jared Brown, 19, of Niagara County, NY, who was convicted of threatening the President of the United States, was sentenced to 15 months by U.S. District Court Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Scott S. Allen, Jr., who handled the case, stated that on September 6, 2015, the defendant called the Lockport City Police Department through the 911 Emergency Call Center and made oral threats over the telephone.  During this call, Brown stated to an employee that he would kill President Obama.  When a Secret Service Agent asked the hypothetical question what Brown would do if the President walked into the interview room, Brown said he would shoot him.

The sentence was the culmination of an investigation by the United States Secret Service, under the direction of Assistant Special Agent in Charge Thomas Braun.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 7th Street Gang associate Joseph Whitely, 27, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) conspiracy, was sentenced to 72 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that the 7th Street Gang was responsible for narcotics trafficking, numerous shootings and multiple murders in the 7th Street area of the West Side of Buffalo between 2000 and 2012.  Defendant Whitely, as a 7th Street Gang associate, sold heroin on behalf of the gang. 

Regarding violence, Whitely served as the getaway driver for 7th Street Gang member Efrain Hidalgo, who had moments earlier participated with others in the murder of rival 10th Street Gang member Eric Morrow on August 11, 2009. In doing so, Whitely assisted Hidalgo to avoid capture by the Buffalo Police Department.
A total of 18 defendants were charged in the prosecution of the 7th Street gang. All 18 defendants have now been convicted. The prosecution of the 10th Street gang, meanwhile, involved 44 defendants, all of whom were convicted.

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

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

Rochester, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Passeck, 26, pleaded guilty to theft of public money before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that the defendant was a Relief Postmaster in the Sodus Point, NY post office between March 2013 and March 2015. During that time, Passeck stole stamp revenues, post office box rental payments, and issued money orders to herself, all totaling $19,504.

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

Sentencing is scheduled for November 3, 2016 at 12:30 p.m. before Judge Wolford.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Daniel Hull, 44 of Niagara Falls, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on February 28, 2016, the National Center for Missing and Exploited Children (NCMEC) received a tip involving the uploading of 11 images depicting child pornography to the internet. The images were ultimately traced to the defendant, who was identified as being a registered sex offender currently under the supervision of the Niagara County Probation Office for a previous conviction.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained. Hull is due back in court on December 12, 2016, at 10:30 a.m.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge; the Niagara County Probation Department; and the Niagara County Sheriff’s Office, under the direction of James Voutour.

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 Brandon West, 40 of Newark, NY, who was convicted of possession of child pornography involving a prepubescent minor following a prior conviction for sexual abuse of a minor, was sentenced to 216 months by U.S. District Court Judge Elizabeth A. Wolford. West was also sentenced to 25 years of supervised release.

“This Office will continue to utilize federal resources to protect the public from those who would harm our children,” said U.S. Attorney Hochul. 
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in 2005, the defendant was convicted in Wayne County, NY of Sexual Abuse, First Degree involving sexual contact he had with an eight-year-old girl. West was sentenced to probation for that offense. In 2014, the defendant became the subject of a new investigation by the New York State Police related to sexual abuse allegations involving a five-year-old girl.

During that same time, Special Agents with Homeland Security Investigations received information linking West to online images of a young child. During that investigation, agents learned that West had recently been arrested and sentenced to six months in prison in the Wayne County jail for failure to pay child support. At the time of that arrest, West was in possession of an LG Cellular phone, which agents seized and searched pursuant to a federal warrant. During the forensic examination of West’s phone, HSI recovered sexually explicit photos of the same five-year-old girl that was the victim in the case being investigated by the New York State Police.

In addition to those photos, agents recovered approximately 1,500 images of children, including many prepubescent girls and boys, being raped and subjected to sadistic and masochistic sexual conduct. 

The sentence was the culmination of an investigation on the part of Special Agents with Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and Investigators and Troopers with the New York State Police, under the direction of Major Craig Hanesworth.

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

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that Jerold “Rocco” Walker, 39, of Elmira, NY, pleaded guilty conspiracy to distribute crack cocaine before U.S. District Judge David G. Larimer. The charge carries a maximum sentence of 20 years in prison, a fine of $1,000,000, or both.  

Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that Walker was arrested after an investigation conducted by the Elmira Police Department and the Bureau of Alcohol, Tobacco and Firearms revealed that the defendant was involved in an ongoing drug trafficking ring. Members of the drug ring sold significant amounts of crack cocaine from various locations in Elmira. Walker utilized several residences, including locations on Columbia Street, Walnut Street and West Gray Street in connection with the drug offenses.

The plea is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, New York Field Division, and the Elmira Police Department, under the direction of Police Chief Joseph Kane.

Sentencing is scheduled for December 14, 2016 before Judge Larimer.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dayshawn Brazier, 25, of Buffalo, NY, who was convicted of RICO conspiracy and conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine, was sentenced to 140 months in prison by U.S. District Judge Richard J. Arcara.

According to Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, Brazier was a member of L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. The defendant sold crack cocaine from a “trap house” on Sobieski Street in Buffalo utilized by gang members. The house was run by Brazier’s cousin and L.R.G.P. leader Dewayne Gray who was sentenced to 188 months in prison on September 9, 2016.

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

Today’s sentencing is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The Task force includes the Amherst Police Department; Buffalo Police Department; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Cheektowaga Police Department; Erie County Sheriff’s Office; Hamburg Police Department; Lancaster Police Department; Niagara Frontier Transportation Authority; New York State Department of Correctional Services; New York State Police; U.S. Border Patrol; and U.S. 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 Dayshawn Brazier, 25, of Buffalo, NY, who was convicted of RICO conspiracy and conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine, was sentenced to 140 months in prison by U.S. District Judge Richard J. Arcara.

According to Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, Brazier was a member of L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. The defendant sold crack cocaine from a “trap house” on Sobieski Street in Buffalo utilized by gang members. The house was run by Brazier’s cousin and L.R.G.P. leader Dewayne Gray who was sentenced to 188 months in prison on September 9, 2016.

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

Today’s sentencing is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The Task force includes the Amherst Police Department; Buffalo Police Department; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Cheektowaga Police Department; Erie County Sheriff’s Office; Hamburg Police Department; Lancaster Police Department; Niagara Frontier Transportation Authority; New York State Department of Correctional Services; New York State Police; U.S. Border Patrol; and U.S. 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 Sarah J. Greene, 38, and Michael C. Mullen, 35, both of Wellsville, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and to distribute, methamphetamine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January 2011 and late 2014, the defendants conspired to manufacture and distribute methamphetamine. Greene and Mullen engaged in the practice of “smurfing” (buying small quantities of) at local pharmacies 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 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.

Greene is scheduled to be sentenced on December 14, 2016; Mullen will be sentenced on December 19, 2016, both 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 Abimael Mercado, 35, of North Tonawanda, NY, pleaded guilty to unlawfully possessing a firearm as a convicted felon before Chief U.S. District Judge Frank P. Geraci, Jr.  The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that on May 11, 2016, law enforcement officers executed a search warrant at Mercado’s home found a shotgun and eleven shells in his bedroom. The defendant has a prior federal felony conviction involving distribution of a controlled substance and was prohibited from possession of firearms and ammunition.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction Special Agent in Charge Charlie J. Patterson, the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, and the Erie County Sheriff’s Office, under the direction of Timothy Howard.

Sentencing is scheduled for December 2, 2016, at 1:30 p.m. before Chief 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 Jerry Rolon-Alvarez, 37, of Lackawanna, NY, pleaded guilty to possession with intent to distribute cocaine and heroin before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that in November 2014, a confidential source made a controlled purchase of heroin from Rolon-Alvarez. Prior to the controlled purchase, the defendant was observed departing 47 Colton Avenue in Lackawanna, and immediately after the controlled purchase, Rolon-Alvarez was observed returning to the Colton Avenue residence.

On November 29, 2014, members of the Lackawanna and Buffalo Police Departments executed a search warrant at 47 Colton Avenue and found Rolon-Alvarez on a bed in the living room. During the search of a cabinet in the kitchen, officers found a large plastic bag containing suspected cocaine, and two plastic wraps containing suspected heroin. There was also a digital scale with heroin residue and a box containing green glassine envelopes located in Rolon-Alvarez’s jacket. Additionally, $2,280 in U.S. currency was seized from the defendant’s pocket. Rolon-Alvarez was arrested by the Lackawanna Police Department.

The defendant will be arraigned on September 3, 2015 before U.S. Magistrate Judge H. Kenneth Schroeder.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Lackawanna Police Department, under the direction of Chief James L. Michel.

Sentencing is scheduled for December 2, 2016 at 10:30 a.m. 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 Dewayne Gray, 32, aka Whip, of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 188 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, Dewayne Gray was the leader 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 leader of the LRGP Gang, Dewayne Gray organized and managed gang members, and the narcotics distribution and sales. Dewayne Gray maintained various houses including 381 Sobieski Street, 42 Memorial Drive and 29 Meyers Street in Buffalo for the purpose of manufacturing and distributing crack cocaine.

Gray 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 Special Agent in Charge Delano A. Reid, New York Field Office and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Raymond VanBuskirk, 44, of Jamestown, NY, pleaded guilty to unlawfully possessing firearms and ammunition as a convicted felon, before Chief U.S. District Judge Frank P. Geraci, Jr.  The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that in May 2016, the defendant moved two rifles, one shotgun, and over one thousand rounds of .223 caliber ammunition from his home to another location for safekeeping. VanBuskirk retained a third rifle at his home, which was recovered by federal agents on June 29, 2016. The defendant has a prior New York State felony conviction for sale of a controlled substance and was prohibited from legally possessing of firearms and ammunition.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction Special Agent in Charge Charlie J. Patterson, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Jamestown Police Department, under the direction of Chief Harry Snellings.

Sentencing is scheduled for December 2, 2016, at 2:00 p.m. before Chief 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 U.S. District Court Judge Lawrence J. Vilardo sentenced Andres Martinez, 30, a citizen of the Dominican Republic and an inmate at Attica Correctional Facility, to 45 months in prison for his role in a conspiracy to possess with intent to distribute, and to distribute, heroin and marijuana. The defendant’s wife, Elizabeth Camue Martinez, was sentenced to 34 months in prison for her role in the conspiracy.  

“Heroin laced with fentanyl is a deadly cocktail that is killing literally hundreds of people a year in our community,” said U.S. Attorney Hochul. “These defendants knew that an inmate at the Attica Correctional Facility had died of an overdose and still continued to distribute this dangerous drug. As WNY battles to bring an end to this tragic epidemic, law enforcement will continue to do its part to rid our streets - and our jails - of these drug dealers.”    

According to Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, between April, 2013 and December 6, 2013, Elizabeth Camue-Martinez purchased heroin and smuggled it into the Attica Correctional Facility to give to her husband. Andres Martinez then sold the drugs to other prisoners while serving a sentence for another crime.

Though not directly attributable to the defendants, during the time of the conspiracy, there were three prisoner overdose deaths involving heroin and fentanyl in Attica. During their sentencings, Judge Vilardo stated that the defendants knew that a prisoner in Attica died of an overdose on September 16, 2013 yet continued to sell drugs until December 5, 2013. Martinez will be deported from the United States after he serves his sentence.

Co-defendant Jerome Tallington, who supplied the heroin to the couple, was convicted and will be sentenced on October 14, 2016.

The sentencings are the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge James J. Hunt, New York Field Office, the New York State Police, under the direction of Major Steven Nigrelli, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Wyoming Country District Attorney’s Office, under the direction of Donald O’Geen, the Erie County District Attorney’s Office, under the direction of Michael Flaherty, and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony Annucci.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Darmetrius Braggs, 19, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Frank P. Geraci to possession of a firearm in furtherance of drug trafficking activity.  The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine. 

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that Buffalo Police Department officers received information that the defendant robbed an individual at gun point on October 30, 2015, on Blaine Avenue in Buffalo. During the investigation, officers learned that Braggs would be at a party on Freund Avenue in Buffalo on November 7, 2015.

On November 7, 2015, undercover officers contacted Braggs by cellular telephone and arranged an undercover purchase of marijuana. The defendant told the officers to meet him near Genesee Street and Freund Avenue in Buffalo to purchase the marijuana.  As officers arrived at the location, Braggs fled on foot and entered 22 Freund Avenue, where officers located the defendant.  Officers also found a cellular telephone and multiple vials of what appeared to be marijuana near the rear entrance of the residence.  In addition, officers also recovered a loaded pistol in the back yard of 22 Freund Avenue.

The pistol recovered by officers resembles a firearm the defendant posed with multiple times on social media websites.

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 Delano A. Reid, New York Field Division.

Sentencing is scheduled for December 2, 2016, 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 Thomas Koszuta, 53, pleaded guilty to RICO conspiracy and possession of a firearm in furtherance of a drug trafficking crime before U.S. District Judge Elizabeth A. Wolford. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life 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 victims, potential witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence. 

Koszuta 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 strip members of their colors because they were non-compliant members. While others possessed firearms, the defendant 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. Also, on August 3, 2013, the defendant and other Kingsmen members conducted a drive-by shooting targeting former Springville Kingsmen members. Two shots were fired from a shotgun, one of which struck a vehicle parked near one of the targeted victims.

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. 

Koszuta is one of 17 defendants arrested in this case and the second to be convicted. Charges are pending against the remaining 15 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 for 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 David Young, 29, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to 20 years in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that in February 2015, a West Seneca Schools resource officer obtained information that the defendant had images of child pornography on a cellular telephone. The resource officer notified Cheektowaga Police who began an investigation. On February 13, 2015, officers searched Young’s computer and located images of child pornography, some that were produced by the defendant.  

In January 2016, Young pleaded guilty in state court to Attempted Sexual Abuse in the 1st degree. Judge Wolford cited this incident as one of the factors in her sentencing decision.

Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, Cheektowaga Police Department, under the direction of Chief David Zack and the West Seneca Police Department, under the direction of Chief Daniel Denz.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Joseph S. Heleniak, 72, of West Seneca, NY, who was convicted of possession of child pornography, was sentenced to 120 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that between August 30, 2013 and September 1, 2013, the defendant knowingly possessed images of child pornography that were stored on his AOL email account after obtaining them over the internet. Some of the images depicted prepubescent minors. Heleniak was previously convicted of possession of child pornography in 2005 in the Western District of New York and sentenced to 30 months in prison. 

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Adam S. Cohen, Special Agent in Charge, and the Cheektowaga Police Department under the direction of Chief David Zack. The task force includes the Buffalo Police Department, the Cheektowaga Police Department, and the Niagara County Sheriff’s Office.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Brian Becker, 41, of Webster, NY, pleaded guilty to creating a false document, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the Internal Revenue Service levied the wages of Becker and his wife in order to collect $226,000 in unpaid federal income taxes owed by the couple. In September 2013, the defendant created a fraudulent release of levy form and submitted it to his employer and his wife’s employer in order to defeat the IRS levy on their wages. As a result of the fraudulent document, the employers released approximately $17,800 to the Becker’s that should have been paid to the IRS.

The plea is the result of an investigation by Special Agents with the U.S. Treasury Inspector General for Tax Administration, acting under the leadership of Special Agent in Charge Robert E. O’Malley.

Sentencing is scheduled for December 13, 2016 at 3:00 pm before Judge Wolford.

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Willie Harris, 46, of Rochester, NY, who was convicted of possession of cocaine with intent to distribute and being a felon in possession of ammunition and a firearm, was sentenced to 115 months in prison and six years of supervised release by U.S. District Judge Elizabeth A. Wolford.                 

Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on June 10, 2014, Harris was arrested at 49 Troup Street in Rochester after agents from the Federal Bureau of Investigation and officers of the Rochester Police Department executed a search warrant in one of the apartments at that address.

Prior to executing the search warrant, Harris spoke with officers and told them he had a short-barreled “rifle” and cocaine inside his apartment. Once inside of the location, officers found four bags of cocaine, as well a digital scale commonly used to measure drugs for distribution, small ziplock bags and approximately $180.00 in United States currency. Officers also located a Mossberg 500 C slide action shotgun, the barrel of which had been sawed-off to a length of 16 and 1/8 inches. Ammunition was also found with the shotgun.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, 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 Fredy Otoniel Lopez Martinez, 30, of Guatemala, who was convicted of illegal reentry into the United States, was sentenced to time-served by U.S. District Judge Richard J. Arcara.
 
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on July 7, 2016, U.S. Customs & Border Protection agents encountered the defendant at the Lewiston Bridge Port of Entry. Martinez was a passenger in a vehicle traveling to Michigan for an art show. The vehicle’s GPS directed the driver of the vehicle from Western New York through Canada. After Canadian officials did not allow the vehicle to enter Canada, border agents conducted immigration electronic systems record queries, which revealed that the defendant had a criminal record in the United States and that he had been previously deported on May 21, 2009, pursuant to an order by a U.S. Immigration Judge.  Martinez admitted to an agent that he illegally entered the United States in December 2010 along the U.S.-Mexican border.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Benjamin Bolton, 32, of Glendale, Colorado, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to transmitting interstate communications containing threats to injure the person of another. The charge carries a maximum of five years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that the defendant was admitted into Buffalo State College as a graduate student for the Fall 2013 semester. In April 2014, Bolton was suspended as a result of incidents at the school, including disputes with faculty members. Between June 2015 and August 5, 2015, the defendant made numerous telephone calls to faculty and staff personnel employed at Buffalo State, and to officers of the Buffalo State University Police Department. During many of these telephone calls, Bolton threatened to assault police officers, faculty, and staff members whom he identified by name. 

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Buffalo State University Police Department, under the direction of Chief Peter Carey.

Sentencing is scheduled for December 19, 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 David E. Rhoades, 36, of Goodlettsville, Tennessee, was arrested and charged by criminal complaint with possession of a firearm as an unlawful user of a controlled substance. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, on August 28, 2016, the defendant attempted to enter Canada at the Peace Bridge Port of Entry. Rhoades was refused entry for possessing a loaded gun. The defendant was escorted by the Canada Border Services Agency (BEST) back into the United States to U.S. Customs and Border Protection. The gun was a 9mm pistol for which Rhoades did not have a permit to carry. Drug paraphernalia, including a pill bottle with cocaine residue, a pipe, rolling papers with marijuana residue, and a scale, was also found in the car and seized by officers.
 
The criminal 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, Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations, and by the Canada Border Services Agency.

The fact that the 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 Tremmell Brown, 31, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition, was sentenced to 12 months in prison by U.S. District Court Judge David G. Larimer.
 
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on July 11, 2015, at about 4:30 a.m., officers from the Rochester Police Department responded to 100 Green Knolls Drive in Rochester, for a report of a man in the parking lot of an apartment complex with a shotgun. As officers arrived, they could hear music coming from a car in the parking lot.  As they approached, Brown got out of the car holding a shotgun, walked around the car, and got back in. This pattern of behavior, which also included Brown pumping the shotgun, went on for several minutes before the defendant finally sat in his car with the shotgun and drove away. 
 
Shortly after, Brown, who had left the apartment complex, re-entered the parking area and parked at 143 Green Knolls Drive in a handicapped parking spot. Officers approached Brown as he got out of his car and took him into custody. In the car, officers could see the shotgun in the back seat. A further search of the car uncovered a small amount of loose marijuana, a shotgun case and ammunition. 
 
Brown told officers that he had the shotgun because he was going hunting but denied sitting in the parking lot and racking the shotgun. In addition, the defendant said that he knew, given that he was a convicted felon, it was illegal to possess a handgun but thought he could possess a shotgun. 

The sentencing is the result of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, 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 following a five week trial, a federal jury has convicted Steve S. Jabar, of Tonawanda, NY, and Deborah Bowers, of Clarence, NY, of conspiracy to commit wire fraud, wire fraud  and making false statements. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

"As established by today's verdicts, these defendants stole UN Funds intended to promote good works in a part of the world that desperately needed assistance, said U.S. Attorney Hochul. "The facts that the defendants took such money to pay personal bills makes these convictions particularly noteworthy."

IRS-Criminal Investigation Special Agent in Charge Shantelle P. Kitchen said: “At the very least, as citizens living in a charitable society, we expect that money intended for humanitarian causes actually helps the people it was intended to help and not those who divert it for their own purposes.  A jury has now found that Mr. Jabar and Ms. Bowers took money that was supposed to promote women’s rights in Iraq, used it for their personal benefit, and lied to law enforcement in order to keep their crimes hidden. They are now held accountable.”

Assistant U.S. Attorneys Marie P. Grisanti and MaryEllen Kresse, who prosecuted the case, stated that the defendants founded a not for profit organization OKI, Opportunities for Kids International, Inc. In June 2004, Jabar and Bowers, through OKI, applied for and received a $500,000 grant from United Nations to create, maintain and operate a radio station in Iraq. The mission of the radio station was to further women’s rights issues in Iraq.

Within 24 hours of receiving a portion of the grant money, the defendants began to divert some of the funding for their own personal use. Jabar and Bowers diverted more than $65,000 for their own personal use. Jabar used some of the funding to pay off personal debts, including the payment of property taxes owed on his residence and business, as well as mortgage, utility, credit card payments and personal loan payments. Bowers also utilized some of the funding to pay personal credit card debt and make mortgage payments.

During the investigation, the defendants made false statement to investigator with the Internal Revenue Service in order to conceal with criminal behavior.    

The verdict is the result of an investigation by the Internal Revenue Service, Criminal Investigations, under the direction of Shantelle Kitchen and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

Jabar and Bowers will be sentenced on December 12, 2016 at 10:00 a.m. before U.S. District Judge Lawrence J. Vilardo who presided over the trial.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
           
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Steven Ray, 51 of Brockport, NY, who was convicted of mail fraud, forging treasury checks, and obstructing an official proceeding, was sentenced to 84 months in prison by U.S. District Court Judge David G. Larimer. The defendant was also ordered to pay $309,511 in restitution to the United States.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that federal law enforcement agents first encountered Ray related to his role in a mail fraud scheme involving stolen United States Treasury checks. In that case, Ray cashed more than 120 forged checks worth more than $400,000 over an 18-month period of time. The checks were stolen from residents in the New York City Area as well as from people in other parts of the United States. The stolen checks were mailed to Ray via the United States Postal Service at his Brockport home.

During that investigation, federal agents identified at least 13 area bank accounts controlled by the defendant under various names, including his own as well as a company he owned named Steray of Rochester. Ray took the stolen checks he received by mail and deposited them across multiple accounts. Many of the checks belonged to people who received Social Security payments, tax refunds, and other money drawn from the United States Treasury to help the intended recipients. As a result of the defendant’s scheme to defraud, Ray obtained more than $400,000, however, the United States was able to recover almost $100,000 from the banks during the investigation.

While out of custody awaiting sentencing on that case, the defendant filed a sentencing statement with the Court in May 2015. Among the items submitted to the Court in support of a downward departure sentence were several claims about Ray’s alleged heroic service as a Brockport Fireman. Specifically, the defendant claimed that he dove into a Brockport swimming pool and pulled a three-year-old unconscious child from the water and then performed CPR until help arrived. Ray also claimed that he was the first on the scene of an incident at SUNY Brockport in which a student fell down a stairwell. In that incident, the defendant claimed to have performed an emergency tracheotomy on the victim using only his penknife. However, the facts showed that his statements were all lies, and that Ray actually did none of these things.  

In that same request for a downward departure sentence, the defendant also submitted a letter from a local resident attesting to Ray’s character and truthfulness. However, it turned out the letter was actually a forgery. Federal agents met with the witness who confirmed that he never wrote a letter in support of Ray, did not say the things in the letter, and pointed out that many of the things in the letter, including the spelling of the witness’ own name was wrong. Based on this, the Government filed a notice with the Court pointing out that the defendant submitted false material to the Court for sentencing. Ray received a copy of that statement the day it was filed.

Within hours of receiving that statement, the defendant went to the home of that witness, who is wheelchair bound, and coerced and intimidated him into submitting a false affidavit saying that he had actually written the letter to the Court. Ray did this late at night while the witness was already in bed. The defendant then had the false affidavit notarized and submitted to the Court.

Ray was an Officer with the Brockport Fire Department for the entire time he was engaged in the fraudulent scheme to defraud the United States. He was fired in March of 2015 following his felony plea to mail fraud but retained his Fire Department Badge and ID, which he continued to use after his termination.

The sentencing is the culmination of an investigation on the part of Inspectors from the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the Direction of Special Agent in Charge of the New York Field Office, Shantelle P. Kitchen.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Leo A. Kronert, Jr., aka Lee Kronert, of Frewsburg, NY, was arrested and charged by criminal complaint with health care fraud and false statements relating to health care matters. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that according to the complaint, between January 2011 and December 2015, the defendant, a full time teacher at Salamanca High School and a part time chiropractor in Salamanca, NY, submitted false claims for payment to Medicare and private insurance companies seeking reimbursement for health care services allegedly provided in connection with his chiropractic practice. The claims included services allegedly performed on Kronert’s family members, claims for services the defendant did not provide, and claims for services allegedly provided while the defendant was out of town.

Kronert made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy. The criminal complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge and the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott Lampert.

The fact that the 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 Lorenzo Snow, 43, of Rochester, NY, who was convicted of conspiracy to distribute crack cocaine, was sentenced to 108 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Frank T. Pimentel and George C. Burgasser, who  handled the case, stated that from December 2011 until February 17, 2012, Snow, who has two prior felony drug convictions, supplied a co-conspirator, Angelina Evans, with crack cocaine. Evans then sold the cocaine out of a residence at 129 Lock Street in Lockport, NY. On numerous occasions in January and February 2012, Evans sold crack cocaine supplied by Snow from that location to an individual while being monitored by law enforcement officers. On February 17, 2012, officers executed a search warrant at the residence and found an ounce of powder cocaine, and smaller quantities of crack cocaine and marijuana.

Evans was convicted of the same offense for her role in the conspiracy and was sentenced in December 2013 to time-served. 

Today’s sentencing is the result of an investigation by the Niagara County Drug Trask Force, under the direction of Niagara County Sheriff James Voutour, and Special Agents of 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 September 1, 2016, at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y. -- The United States Attorney's Office announced today Mark N. Kirsch, 57, former President and Business Manager of Operating Engineers Local 17, based in Hamburg, NY, who was convicted of conspiracy to commit racketeering and Hobbs Act conspiracy, was sentenced to 36 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $198,121.50 in restitution.

According to Assistant U.S. Attorney Timothy C. Lynch, who handled the sentencing, between at least January 1997 to December 2007, Kirsch participated in a criminal enterprise with the objective of extorting property from various construction firms throughout Western New York. The objective of the Local 17 criminal enterprise was to obtain several types of property through extortion, including: the property of construction contractors consisting of wages and benefits to be paid pursuant to labor contracts with Local 17; and the jobs and associated wages and benefits of employees of various businesses at construction sites in the Western District of New York. Among the unlawful means the defendant used to secure these objectives were actual violence, threats, intimidation, sabotage of property, and threats and attempts to interrupt and delay construction projects in order to drive up costs to the contractors and thus cause economic harm. 

Kirsch was one of 12 defendants charged in this case. Seven others were also convicted, four were acquitted following a nine week jury trial.

The sentencing is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the New York State Police, under the direction of Major Steven Nigrelli.