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 that Justin Jeffrey Amato, 33, of Cheektowaga, NY, who was convicted of violating supervised release, was sentenced to 12 months in prison and four years of additional supervised release by Senior U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant was on supervised release with the U.S. Probation Department following a 2011 conviction for possession of child pornography. During this term of supervised release, Amato was ordered not to have deliberate contact with any child under 18 years of age. On August 10, 2016, the defendant was convicted of violating that release for having frequent contact with a two year-old minor child. Amato also visited two separate public facilities that feature activities for children.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the U.S. Probation Department, under the direction of Anthony SanGiacomo.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Martin Rhys-Jones, 52, a citizen of the United Kingdom, who was convicted of laundering money derived in a wire fraud conspiracy, was sentenced to 72 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay $2,897,130 in restitution.

Assistant U.S. Attorney Russell T. Ippilito, who along with retired Assistant U.S. Attorney John E. Rogowski, handled the case, stated that Jones, who was extradited from Spain, oversaw a “boiler room” scam in Barcelona, Spain, which conned investors in the United Kingdom and Canada into buying nearly worthless shares of restricted stock at severely inflated prices. Customers were told they were buying more valuable, regular shares of stock.

Approximately 250 investors lost more than $2,900,000 in the scam. A portion of the criminal proceeds were funneled through a bank account in Western New York before being sent to numerous overseas accounts controlled by Jones and his co-conspirator, Arnold Wrobel, a former resident of Buffalo. Wrobel was convicted in December 2015 and is awaiting sentencing. 

A total of 12 defendants were arrested in the case, four have been convicted.  

The sentencing is the result of an investigation on the part of Department of Homeland Security, Homeland Security Investigations, under the direction of James S. Spero, Special Agent in Charge of the Buffalo Office, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.

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

ROCHESTER, N.Y.— U.S. Attorney William J. Hochul, Jr., announced today that Janet Faticone, 51, of Webster, NY, who was convicted of fraud, was sentenced to 12 months in prison and three years supervised release by U.S. District Judge the Hon. David G. Larimer, United States District Judge after pleading guilty to one count of wire fraud.

Assistant U.S. Attorneys Tiffany H. Lee and Bradley Tyler, who handled the case, stated that between December 2012 and January 2014, Faticone managed a business, NYS Title and Abstract. The defendant prepared title insurance commitments, HUD forms, invoices and maintained client accounts. Faticone was aware that a title insurance underwriter is needed to prepare commitments. Neither the defendant nor NYS Title and Abstract were authorized title insurance underwriters.

Faticone caused false title insurance commitments, and in one instance, a false title insurance policy to be sent via wires. The defendant invoiced for fees totaling approximately $13,000 for the provision of mortgage loan title insurance that neither she nor NYS Title and Abstract had the authority to issue.  

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and Investigator Bill Fedrau of the New York State Department of Financial Services’ Financial Frauds and Consumer Protection Division, under the direction of Assistant Chief Sean Ralph, Director Frank Orlando, Executive Deputy Superintendent Joy Feigenbaum and Superintendent Benjamin M. Lawsky.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jose Alvarado, 29, of Irondequoit, NY, who was convicted of receipt of child pornography was sentenced to 72 months in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa. 

Assistant U.S. Attorney John J. Field, who handled the case, stated that Alvarado, then 26 years old, used his iPhone and other digital devices to coerce and entice a 15 year old female that he knew into having sex with him on multiple occasions. The defendant convinced his victim to take graphic photos of herself and send them to him using a texting application. Alvarado then sought to the control the girl through “sextortion” – that is, by threatening to expose the sexually-explicit pictures of her – and other means.

The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Adam S. Cohen, the Irondequoit Police Department, under the direction of Chief Richard V. Tantalo, and the New York State Police, Troop E, under the direction of Major Craig Hanesworth. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that the former owner and CEO of Cornerstone Homes, David Fleet, 52, of Corning, NY, pleaded guilty to mail fraud, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

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

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

By March 2010, Fleet knew that Cornerstone’s operating income was insufficient to pay its debt service to the banks and the private investors. The defendant also lost more than $2,000,000 in risky options trades. However, Fleet continued to solicit additional private investments without disclosing Cornerstone’s true financial picture, including the fact that he had more than $2,000,000 of Cornerstone’s capital.  In March 2010, Fleet raised approximately $84,000 from approximately 13 investors based upon statements and representations that were materially misleading.

The plea is the result of/culmination of an investigation by Inspectors of the United States Postal Inspection Service, acting under the direction of Inspector-In-Charge, Boston Division, Shelly Binkowski, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Internal Revenue Service, Criminal Investigations, under the direction of Shantelle Kitchen.

Sentencing is scheduled for November 29, 2016 at 3:00 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 Scott A. Wilcox, 46, of Pike, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 21 months in prison by U.S. District Elizabeth A. Wolford.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on January 25, 2015, Wyoming County Sheriff’s deputies searched the defendant’s residence at 7998 Wiscoy Road in Pike and found a Marlin .44 magnum caliber rifle, which belonged to Wilcox. Deputies also found 76 rounds of .44 caliber ammunition in an access panel in a bathroom. The defendant is a three-time convicted felon and is prohibited from legally possession firearms.
 
The sentencing is the result of an investigation on the part of the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jose Martinez, aka Noelle, 47, of Jamestown, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to life in prison by Senior U.S. District Judge William M. Skretny. 

“As the punishment in this case reflects, the defendant - convicted of narcotics trafficking - has been sentenced as a murderer,” said U.S. Attorney Hochul.  “This Office will be relentless in utilizing all available federal tools to help ensure that those who pose a danger to our community are brought to justice.”

Assistant U.S. Attorneys Thomas S. Duszkiewicz and Frank T. Pimentel, who handled the prosecution of the case, stated that between 2007 and June 2008 the defendant ran a drug trafficking organization in Jamestown, NY. Martinez supplied cocaine to another drug trafficking organization in Jamestown led by Quentin Leeper.

In May 2008, Martinez put out a contract for the killing of an individual identified as Quincy Turner. The defendant believed that Turner was cooperating with law enforcement officers who were investigating the drug trafficking activities of Quentin Leeper. On May 30, 2008, Quincy Turner was found dead of multiple gunshot wounds inside his Mercedes SUV in the parking lot of his automotive garage adjacent to the Jamestown Airport.      
 
A total of 45 defendants were charged in connection with three drug trafficking organizations operating between Jamestown and Rochester, NY. 40 defendants have been convicted, three were acquitted at trial and two others died, including Quincy Turner.
 
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Department Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace, and the Jamestown Police Department, under the direction of Chief Harry Snellings. Additional assistance was provided by the Chautauqua County District Attorney’s Office.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ryan Smolinski, 27, of Buffalo, NY, who was convicted of arson of a commercial building, was sentenced to 37 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on June 13, 2014, Smolinski, along with co-defendant Lowell Carey and Christopher Gorman, went to 349 Ontario St., occupied by WNY Property Contractors, and threw a Molotov cocktail onto the roof of the building and placed anpther Molotov cocktail underneath a garage door on the side of the building.

On the night of June 12, 2014, Smolinski had been drinking with Carey and Gorman at Carey’s house. Smolinski was upset about his father losing his business, Western New York Property Contractors, which his father co-owned with another individual. Smolinski asked Carey and Gorman if they would help him burn the building. They agreed and made the two Molotov cocktails from beer bottles they had been drinking from and using gasoline and a t-shirt as a wick.

Smolinski, Carey, and Gorman proceeded to Western New York Property Contractors in the early morning hours of June 13, 2014 and set off the Lolotov cocktails. The outside of the building was burned in the areas where the Molotov cocktails were located resulting in approximately $2,207.89 in damages.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Lowell Carey, 56, of Buffalo, NY, who was convicted of arson of a commercial building, was sentenced to 41 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on June 13, 2014, Carey, along with co-defendants Ryan Smolinski and Christopher Gorman, went to 349 Ontario St., occupied by WNY Property Contractors, and threw a Molotov cocktail onto the roof of the building and placed another Molotov cocktail underneath a garage door on the side of the building.

On the night of June 12, 2014, the three defendants were drinking at Carey’s house. Smolinski was upset about his father losing his business, Western New York Property Contractors, which his father co-owned with another individual. Smolinski asked Carey and Gorman if they would help him burn the building. They agreed and made the two Molotov cocktails from beer bottles they had been drinking from and using gasoline and a t-shirt as a wick.

Smolinski, Carey, and Gorman proceeded to Western New York Property Contractors in the early morning hours of June 13, 2014 and set off the Molotov cocktails. The outside of the building was burned in the areas where the Molotov cocktails were located resulting in approximately $2,207.89 in damages.
           
Carey and Smolinski have been convicted and sentenced, Gorman has been convicted and is awaiting sentencing
Today’s sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Charlie J. Patterson, and the Buffalo Fire Department, under the direction of Commissioner Garnell Whitfield.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jonathan Ortiz, 23, of Buffalo, NY, who was convicted of attempted possession with intent to distribute cocaine, was sentenced to 57 months in prison by U.S. District Judge Elizabeth A. Wolford.  In a related case, his brother, Reynaldo Ortiz, 25, also of Buffalo, pleaded guilty to possession with intent to distribute and distribution of heroin and use of a firearm in furtherance of drug trafficking crimes before Judge Wolford. Those charges together carry a minimum penalty of 20 years in prison, a maximum of life and a $10,250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the cases, stated that in April 2015, law enforcement officers intercepted a package mailed from Puerto Rico to a residence on Hudson Street in Buffalo. The package contained a set of audio speakers. Four packets of cocaine, each weighing approximately one-eighth of a kilogram, were secreted inside the speakers. A controlled delivery of the package led to its retrieval by Jonathan Ortiz and another individual. The two were arrested after a sensor alerted officers that the package was opened.

Reynaldo Ortiz sold heroin and cocaine in the vicinity of Maryland Street and Trenton Avenue in Buffalo. At the time of his arrest in September 2015, he possessed a loaded AK-47-type rifle and two magazines containing 36 rounds of ammunition. Ortiz admitted to exchanging gunfire with a rival drug dealer over territory in the vicinity of Hudson Street and 7th Street.

The sentencing and plea are the result of investigations by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, and the and U.S. Postal Inspection Service, under the direction of under the direction of Inspector in Charge Shelly Binkowski.

Sentencing for Reynaldo Ortiz will be scheduled at a later date 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 Jeffrey Early, 32, of Buffalo, NY, was arrested and charged with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Patricia Astorga, who is handling the case stated that according to the complaint, on June 14, 2016, Buffalo Police Officers observed the defendant in the vicinity of 66 Barthel in Buffalo. Officers noticed Early wearing sweatpants and with his left hand on a bulge on his left leg. One of the officers then saw an extended magazine and shouted "Gun!" The defendant ran as the officers shouted multiple times "Gun! Drop It! Stop!" While fleeing from the officers, Early pulled a firearm from his waistband and jumped over a fence located at 75 Wasmuth.
 
While in the rear of the yard at 75 Wasmuth, officers saw the defendant with a firearm in his left hand and ordered him to drop the weapon and stop running. The complaint states that Early turned back toward the officers and jumped the fence of 75 Wasmuth and threw the firearm into a vacant field on the side of 75 Wasmuth. The defendant continued to flee from officers and jumped over the fence into 102 Barthel where he was taken into custody by officers. Buffalo Police officers immediately recovered the weapon, a Glock 9mm pistol loaded with one live cartridge in the chamber. Officers also recovered 32 live cartridges and a black piece from the bottom of the magazine and the spring to the magazine in the rear of 75 Wasmuth.

The defendant will appear in court this afternoon for a detention hearing at 4:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
 
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, and the U.S. Marshals Service, under the direction of Charles Salina.

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

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Darnell Jerome, 20, of Rochester, NY, was arrested and charged by criminal complaint with making a false statement. The charge carries a maximum sentence of five years in prison and a fine of $250,000.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, the defendant applied for employment at a restaurant at the Greater Rochester International Airport. The restaurant was located in the sterile area of the airport, beyond the security screening zone. Employees of the airport or contractors who work in the restaurants or stores inside the sterile area are required to obtain a Security Identification Display Area (SIDA) badge and pass a federal background investigation.

In March 2016, Jerome filled out the application paperwork, including the SIDA badge application forms, and falsely reported that he had never been arrested. However, Jerome was convicted of a felony, Robbery, in Monroe County and sentenced to probation. The defendant’s conviction occurred approximately a month before his false statement on the SIDA badge application form.  

Jerome made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and is due back for a status hearing on September 12, 2016 at 9:00 a.m.

The criminal complaint is the culmination of an investigation by the Federal Air Marshal Service, under the direction of Supervisory Air Marshal in Charge William Hall, and in cooperation with the Monroe County NY Probation Office and the U.S. Marshals Fugitive Task Force.          

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 Zhe Wang, 20, of Queens, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, controlled substances and money laundering conspiracy, before U.S. District Judge Richard J. Arcara.  The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

“This is a case where virtual meets real,” said U.S. Attorney William Hochul. “However, as a result of today’s conviction, a crime committed in part in the virtual world will now result in a real world punishment.”

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Wang distributed Xanax. The proceeds of the Xanax sales were used to buy or attempt to buy approximately $74,000 in bitcoins. The defendant then used the bitcoins to buy more drugs for distribution. Wang was an engineering student at the University at Buffalo during a part of the conspiracy between March 2015 and March 2016. In March 2016, law enforcement agents intercepted two packages mailed from Canada and addressed to one of Wang’s co-defendants in Amherst, NY. Each package contained nearly 3,000 Xanax bars.

Wang was charged along with co-defendants Kevin Szura and Adam Brzozowski. Charges are pending against Szura and Brzozowski. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Sentencing is scheduled for November 30, 2016, at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Steven Fine, 30, of Orchard Park, NY, who was convicted of distribution of child pornography, was sentenced to 96 months in prison and 10 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the investigation began when the defendant, a former United States Air Force Reservist, distributed videos containing child pornography to an undercover agent. On September 12, 2014, law enforcement officers executed a search warrant at the defendant’s mother’s house in West Seneca, NY and recovered electronics being used by Fine. A subsequent forensic examination determined that several of the electronics contained images and videos of child pornography, including a video that the defendant had produced of himself engaging in sexually explicit conduct with a minor under the age of 16.

The sentencing is the culmination of an investigation by the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Town of 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 Larry White, of Buffalo, NY, who was convicted of distributing crack cocaine, was sentenced to 36 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on April 1, 2014, the defendant sold approximately 26 grams of crack cocaine at 74 Woltz Avenue in Buffalo to a confidential informant working with the Drug Enforcement Administration (DEA). On June 3, 2014, White again sold crack cocaine, approximately 25 grams, to a confidential informant working with the DEA.

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

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Shawn Peterkin, 39, formerly of South Carolina, pleaded guilty before U.S District Judge Charles J. Siragusa to failure to update his sex offender registration status. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000. 

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in 2011, the defendant was convicted of Taking Indecent Liberties with a Child in the State of North Carolina and was required to register as a sex offender. In October 2014, the defendant relocated to South Carolina and registered as a sex offender.  However, in June 2015, Peterkin failed to update his registration. In November 2015, a warrant was issued for his arrest by South Carolina authorities. The United States Marshal’s Service found the defendant residing in Rochester, NY in February 2016. Peterkin admitted to being wanted in South Carolina for failure to register as a sex offender. He also admitted to not registering with any authorities in the State of New York.

The plea was the culmination of an investigation on the part of the United States Marshal’s Service, under the direction of Charles Salina.

Sentencing is scheduled for November 29, 2016 at 10:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Larry White, of Buffalo, NY, who was convicted of distributing crack cocaine, was sentenced to 36 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on April 1, 2014, the defendant sold approximately 26 grams of crack cocaine at 74 Woltz Avenue in Buffalo to a confidential informant working with the Drug Enforcement Administration (DEA). On June 3, 2014, White again sold crack cocaine, approximately 25 grams, to a confidential informant working with the DEA.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Porfirio Rosa, a/k/a Luis Rosa, 74, of Buffalo, NY, who was convicted of making false statements in application for a passport, was sentenced to time served (six months) by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorneys Scott S. Allen, Jr. and Stephanie Lamarque, who handled the case, stated that on October 9, 2015, the Western Passport Center in Tucson, Arizona received a United States Passport Renewal Application from an individual identifying himself as Luis Rosa.  The application was mailed from the defendant’s residence in Buffalo. As proof of identity and citizenship, the defendant submitted an expired U.S. passport issued in 2003 in the name of Luis Rosa.

Further investigation revealed that the name, social security number, and date of birth provided on the passport renewal application and original passport belonged to a man who died in 1995. 

At the time of his arrest, the defendant was in possession of several New York State identification cards as well as federal Social Security cards containing several different names, dates of birth, and social security numbers. 

The sentencing is the result of an investigation by the Diplomatic Security Service, U.S. Department of State, under the direction of William Ferrari and the Social Security Administration, Office of the Inspector General, under the direction of Special Agent in Charge John Grasso.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Nicholas Davis, a/k/a Holiday, a/k/a Hollywood, 34, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute 280 grams or more of crack cocaine and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 210 months in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that Davis and other members of the conspiracy were responsible for the distribution of significant quantities of crack cocaine throughout the Rochester area. The defendant, an admitted leader/organizer of the conspiracy, was involved in the purchase of kilogram quantities of cocaine, the manufacture of crack cocaine from cocaine, and the direct distribution of cocaine and crack cocaine to others. Davis also possessed and maintained firearms for protection in furtherance of the drug trafficking conspiracy.

The investigation by the Organized Crime Drug Enforcement Task Force resulted in the federal arrest of 11 defendants between May and October 2012. All defendants stand convicted.

The investigation included involvement by the Rochester Police Department under the direction of Chief Michael Ciminelli, Special Agents of the Bureau of Alcohol, Tobacco, Firearms, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, New York Field Division, Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.

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

Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Efrain Hildalgo, AKA Cheko, 30, of Buffalo, NY, who was convicted of Racketeering Influenced Corrupt Organizations (RICO) conspiracy and discharging a firearm in furtherance of a violent crime, was sentenced to 330 months in prison by U.S. District Judge Richard J. Arcara.

“This case serves as a textbook example of how federal resources can remove entire gangs from a community,” said U.S. Attorney Hochul. “At the same time, this prosecution shows that once criminals are removed from our streets, a community can heal and thrive. Both the public – and any remaining criminals – can rest assured that we will not rest until all violent predators are brought to justice.”

Assistant U.S. Attorney Joseph M. Tripi, who handled 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.

The defendant admitted his role in the murders of four people including:

•           November 11, 2004 murder of Nelson and Miguel Camacho in their Niagara Street residence. Josue Ortiz served 10 years in state prison for these murders. His conviction was vacated by an Erie County Court judge based on the findings of this federal investigation.   
•           August 11, 2009 murder of 10th St. Gang associate Eric Morrow.
•           June 5, 2010 murder of Virgil Page on 19th Street.

Hildalgo also participated in seven attempted murders including rival gang members Desmond Ford, Darnell McIntosh, Edwin Rivera and Saul Santana.  

A total of 18 defendants have been charged and convicted in this case.    

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

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 Thompson, 34, of Westfield, NY, who was convicted of violation of the Clean Water Act, was sentenced to six months probation and a $10,000 fine by U.S. Magistrate Judge Jeremiah J. McCarthy.

“The very purpose of the Clean Water Act is to protect our most precious natural resource,” said U.S. Attorney Hochul. “This Office will not tolerate any individual -- in particular a public servant who should know better -- deliberately poisoning our nation’s waterways.” 

Assistant U.S. Attorney, Aaron J. Mango, who handled the case, stated that the defendant was the Chief Operator of the Waste Water Treatment Plant for the Village of Westfield, N.Y. On June 12, 2014, a malfunction occurred at the West Side Pump Station located in the Village. The pump station was unable to pump the untreated sewage flowing through the station, which resulted in untreated sewage being discharged into Chautauqua Creek. Based on an alarm that was triggered due to the sewage overflow, Thompson was aware of the discharge of sewage into the creek.

The following day on June 13, 2014, as workers were attempting to fix the pump station, the defendant directed them to discharge the untreated sewage pumped out of the pump station into Chautauqua Creek. Thompson did not have a permit issued under the Clean Water Act for the discharge of the untreated sewage, a pollutant, into the creek and acted negligently in allowing the untreated sewage to be discharged in such a manner.
 
The sentencing is the result of an investigation by agents of the Environmental Protection Agency, under the direction of Vernesa Jones-Allen, Special Agent-In-Charge and the New York State Department of Environmental Conservation under the direction of Captain Frank Lauricella.

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 W. Mar, 64, of Monterey, California, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine was sentenced to 10 years in prison by U.S. District Judge Charles J. Siragusa. Mar was also prohibited by Judge Siragusa from being a member of or associating with the Hell’s Angels for four years after his release from prison.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, from 2002 through July 2010, Mar – the President of the Hell’s Angels, Monterey (California) Charter at the time – supplied significant quantities of methamphetamine to a methamphetamine trafficking network operating in the Western District of New York.  The leader of the network was James H. McAuley, Jr. – a member and Vice President of the Rochester Hell’s Angels.  During the conspiracy, McAuley and other members of the conspiracy traveled to the Monterey, California, on numerous occasions to obtain pound-size quantities of methamphetamine from Mar, in exchange for cash. The methamphetamine was be transported and/or shipped from California to the Rochester area, where other members of the conspiracy would sell and distribute it to their customers.

In April 2007, McAuley was arrested on federal racketeering charges in the Northern District of New York. After his arrest and incarceration, McAuley continued to maintain control over the methamphetamine trafficking operation. Mar, acting at the direction of McAuley, distributed pound-size quantities of methamphetamine to McAuley’s wife, Donna Boon. Boon and other members of the conspiracy sold and distributed the methamphetamine to individuals in the Rochester area, Genesee County, and other locales. Mar, who admitted to trafficking up to 15 kilograms of methamphetamine during the course of the conspiracy, continued to supply the methamphetamine trafficking network until July 2010.

The sentencing is part of a larger investigation that resulted in the indictment and arrest of seven members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants – including Mar – were charged and convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Also convicted were:

James McAuley, sentenced to 300 months in prison; Donna Boon, sentenced to probation and 12 months home incarceration; Gordon L. Montgomery, sentenced to 60 months in prison; Jeffrey A. Tyler, sentenced to 18 months in prison; Richard E. Riedman, sentenced to 37 months in prison; and
Paul Griffin, sentenced to probation.  

In addition, Rochester Hell's Angels member Robert W. Moran, Jr., a/k/a Bugsy, was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Gina Tata was convicted of being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid of racketeering activity.  Defendant Timothy M. Stone was convicted of being an accessory after the fact to the assault. 

On May 31, 2006, Moran – a member and officer of the Rochester Hell’s Angels – assaulted a patron, who made disparaging remarks about motorcycle clubs, at Spenders Bar on Lyell Avenue in Rochester with a baseball bat. Moran committed the assault in order to maintain his position in the Rochester Hell’s Angels. Gina Tata, who was the bartender at Spenders Bar at the time of the assault, tried to help Moran escape arrest and prosecution for the assault. Timothy Stone destroyed the hard drive and the baseball bat used to commit the assault. Moran was sentenced to 18 months in prison, Tata received probation and Stone was sentenced to 12 months in prison.

Today’s sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam Cohen, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, 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 Craig Hanesworth, the City of Batavia Police Department, under the direction of Chief Sean Shawn Heubusch, and the Village of LeRoy Police Department.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ronald T. Spoor, 52, of Waterloo, NY, who was convicted following a jury trial of production and possession of child pornography, was sentenced to 30 years in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorneys Bradley E. Tyler and Craig Gestring, who handled the prosecution of the case, stated that in December 2012, the New York State Police were alerted by officials at a school in Seneca County, NY, after minor students indicated they had been abused by Spoor. The defendant was interviewed by investigators and admitted to abusing two victims under the age of 10 years old. An investigation into the abuse allegations led State Police to execute a search warrant at the defendant’s Waterloo residence. Troopers seized computer hard drives, two pinhole cameras, and several flash drives. A forensic examination determined that four of the hard drives and a pinhole camera contained videos and images of child pornography including minor boys who had been videotaped by the defendant without their knowledge.

State Troopers notified the Department of Homeland Security for investigative support. Special Agents discovered that the pinhole camera had been installed by the defendant in a bathroom and used by the defendant to record minor children. The defendant also used a pinhole camera to surreptitiously record naked children in his camper. Agents conducted an interview with the defendant during the investigation. In that interview, Spoor admitted to using peer-to-peer software to search for child pornography online using specific search terms. Agents forensically recovered over 18,000 chargeable images involving children as young as toddlers being raped and sexually abused. Some of the material also included sadistic or masochistic images or images depicting violence.  

In total, the federal investigation identified an additional three children, known to the defendant, who he victimized. During today’s sentencing, Judge Siragusa called the defendant “socially depraved and morally bankrupt.” He also referred to Spoor as a sexual predator. The federal sentence will run concurrent to Spoor’s state sentence of five years, which he got for performing fellatio on a child less than 10 years of age.

The conviction is the culmination of an investigation on the part of the New York State Police, under the direction of Major Craig Hanesworth and Immigration and Customs Enforcement, Homeland security Investigations, under the direction of Special Agent in Charge James C. Spero.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr, announced today that Alvin Randhawa, 35, of British Columbia, Canada, pleaded guilty to conspiracy to export from the United States into Canada five kilograms or more of cocaine, before U.S. Magistrate judge Leslie G. Foschio. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.

“This case represents a success against another major international narcotics trafficking organization – this time operating in Canada,” said U.S. Attorney Hochul. “We will continue to work with all of our law enforcement partners to protect the threat posed by these dangerous substances.” 
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between July 2010 and May 2011, Randhawa conspired with others to smuggle cocaine into Canada from the United States via several international bridges including ones in the Buffalo-Niagara region. Investigators believe that this organization trafficked approximately 2,000 kilograms of cocaine (approximately $80,000,000 in value) during the course of the conspiracy. 

Randhawa was indicted along with Gursharan Singh and Harinder Dhaliwal. Singh has been convicted. Charges are pending against Dhaliwal. 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.

Also charged in the conspiracy were Ravinder Arora, Michael Bagri and Parminder Sidhu. All three defendants have been convicted. 

Today’s plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Officers from the United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations, the Peel Regional Police Department, under the direction of Chief Jennifer Evans, the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region and the Toronto Police, under the direction of Chief William Blair.

Sentencing will be scheduled at a later date before Senior U.S. District Judge William M. Skretny.

Emanuel L. Lutchman, 26, of Rochester, New York, pleaded guilty today to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL).

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.

Lutchman pleaded guilty before U.S. District Judge Frank P. Geraci Jr. of the Western District of New York.  He has been detained in federal custody since his arrest by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF) on Dec. 30, 2015.  Sentencing is scheduled for Nov. 15, 2016, before Judge Geraci, where Lutchman faces a statutory maximum sentence of 20 years in prison, a $250,000 fine and a lifetime term of supervised release.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

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

“Residents of this community can now sleep better knowing that a person who wanted to kill in the name of an infamous terrorist group – right on the streets of our city – will no longer be a threat,” said U.S. Attorney Hochul.

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

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

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

According to the plea agreement, on Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria.  In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar.  Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL.  Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet.  Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do.  Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack.  Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra.  Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon.  Do operations and kill some kuffar.”  Lutchman told Al-Amriki that he hates it in the United States, that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL.  Al-Amriki told Lutchman, for the time being, to do what he can in the United States.

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

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

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

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

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

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

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

WASHINGTON – Emanuel L. Lutchman, 26, of Rochester, New York, pleaded guilty today to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL).

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.

Lutchman pleaded guilty before U.S. District Judge Frank P. Geraci Jr. of the Western District of New York.  He has been detained in federal custody since his arrest by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF) on Dec. 30, 2015.  Sentencing is scheduled for November 15, 2016, at 3:30 p.m. before Judge Geraci, where Lutchman faces a statutory maximum sentence of 20 years in prison, a $250,000 fine and a lifetime term of supervised release.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

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

“Residents of this community can now sleep better knowing that a person who wanted to kill in the name of an infamous terrorist group – right on the streets of our city – will no longer be a threat,” said U.S. Attorney Hochul.

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

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

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

According to the plea agreement, on Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria.  In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar.  Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL.  Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet.  Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do.  Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack.  Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra.  Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon.  Do operations and kill some kuffar.”  Lutchman told Al-Amriki that he hates it in the United States, that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL.  Al-Amriki told Lutchman, for the time being, to do what he can in the United States.

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

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

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

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

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

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

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

 BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that William Lovell Smith, 48, of Buffalo, New York, who was convicted of receiving and possessing aa destructive device, that is, Molotov cocktails, was sentenced to a term of imprisonment of 49 months by United States District Court Judge William M. Skretny.  This term of imprisonment, which will be followed by a term of 3 years supervised release, also included restitution in the amount of $70,000, to be paid to the victim.  This sentence was the result of the defendant pleading guilty to a violation of Title 18, United States Code, Section 5861(d).

 Assistant United States Attorney Joel L. Violanti, who handled the case, stated the defendant assisted in manufacturing at least two (2) Molotov cocktails.  Molotov cocktails are devices generally consisting of glass bottles filled with gasoline around which are placed a fuse or method of ignition, and are designed to ignite and burn upon breaking.  The particular devices were used on November 1, 2011, for the purpose of burning an occupied dwelling on Schreck Avenue, Buffalo, New York.

 The successful prosecution was the culmination of an investigation on the part of the Alcohol, Tobacco, Firearms, and Explosives (ATF) under the direction of Special Agent in Charge, Delano A. Reid, and the Buffalo Fire Investigation Unit under the direction of Buffalo Fire Commissioner Garnell Whitfield.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Nannette Brown, 47, of Cheektowaga, N.Y., who was convicted of conspiracy to commit money laundering, was sentenced to two years probation and a $500.00 fine by Chief U.S. District Judge William M. Skretny. 

"It is often said that those who assist criminals are every bit as guilty as those who commit the initial offense,” said U.S. Attorney Hochul. “This case is an example of that principle."

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant conspired with her son, Tyshawn Bradley, to use the proceeds of Tyshawn Bradley’s cocaine distribution network to purchase real estate located in Buffalo. Brown admitted that her son asked her to purchase the following properties in her name in order to conceal Tyshawn Bradley as being the true owner of the properties: 8 Norway Park; 16 Cornwall Avenue; 514 Dodge Street; and 33 Gerhardt Street. 

Brown, Tyshawn Bradley and nine others were arrested in April 2013 and charged with conspiracy to traffic 280 grams or more of crack cocaine and 500 grams or more of cocaine within the Perry Housing Projects. All 11 defendants have been convicted. 

This case resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation conducted by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, 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. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for this nation's illegal drug supply.

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 11 count indictment charging Timothy Laubacker, 25 of Lockport, NY, and Travis Guerriera, 26, of Olcott, NY, with conspiracy to distribute and receive child pornography, distribution of child pornography, receipt of child pornography, and cyberstalking. The charges carry a minimum penalty of five years in prison, a maximum of 20 years and a $250,000 fine. Laubacker also is charged with production of child pornography and attempted production of child pornography which carry a minimum penalty of 15 years in prison, a maximum of 30 years and a $250,000 fine.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that according to the indictment and information revealed in Court, in September 2015, Victim 1 reported to the Niagara County Sheriff’s Department that she received unsolicited communications from an individual on Facebook. The individual threatened to distribute and post images that Victim 1 sent to her then-boyfriend Travis Guerriera when she was about 14 years old. 

During the investigation, it was determined that Laubacker was the individual who had contacted Victim 1 on Facebook.  The investigation also determined that the co-defendant, Guerriera, had shared the initial images of Victim 1 with Laubacker. Victim 1 did not send the images requested by Laubacker. Thereafter,  Laubacker posted a link on an anonymous website containing pornographic images of Victim 1.

In June 2015, Laubacker attempted to entice a second victim (Victim 2) via Facebook to produce pornographic images. When Victim 2 didn't comply, Laubacker threatened to distribute images that he claimed to have of Victim 2. These threats continued until November 2015.  Laubacker made initial contact with Victim 2 during his former employment as a behavioral health aide at a mental health facility. Laubaker was terminated from that employment in late December 2015 for inappropriate communications with another minor female.

The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr.  Laubacker was released on bail; a detention hearing is set for Guerriera on August 15, 2016 at 11:15 a.m.  

The indictment is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen and the Niagara County Sheriff’s Department, under the direction of James Voutour. The task force includes the Buffalo Police Department, the Cheektowaga Police Department and the Niagara County Sheriff’s Department. Additional assistance was provided by the St. Louis, MO office of the FBI. 

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 Bradley K. Boyd, 44, of Rhome, TX, pleaded guilty to wire fraud, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison, and a $250,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Boyd owned and operated a construction business in the Dallas, Texas, area.  The defendant entered into a factoring arrangement with a Rochester-area lender. The arrangement called for the lender to provide Boyd’s business with immediate cash in exchange for invoices owed to Boyd’s business. From March 2011 to July 2011, the defendant prepared approximately $1,200,000 in fraudulent invoices, and submitted them to the lender. Based upon the fraudulent invoices, the lender provided Boyd’s business with approximately $830,000 in cash.
 
The plea is the result of an investigation by Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen and Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

Sentencing is scheduled for November 15, 2016, at 8:30 a.m. 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 Henry Joseph Williams, 50, of Rochester, NY, pleaded guilty to bank fraud before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 30 years in prison, and a $1,000,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Williams opened accounts at two area banks. Between May 2015 and August 2015, the defendant used his ATM cards to incur approximately $8,100 in charges which he then fraudulently disputed by falsely claiming that his ATM cards had been stolen. At the time of the offense, Williams was on federal supervised release for a 2012 wire fraud conviction.

The plea is the result of an investigation by United States Postal Service Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski, and the United States Probation Department, under the direction of Anthony San Giacomo.

Sentencing is scheduled for November 8, 2016, at 3:30 p.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 a federal grand jury has returned a 30 count indictment charging 17 defendants with multiple narcotics offenses for their role in a drug trafficking organization that utilized contacts and sources of supply from Mexico, California, and elsewhere. This organization trafficked thousands of kilograms of illegal narcotics, including heroin, fentanyl, and cocaine throughout the United States, including Lockport, Niagara Falls, and Buffalo.

“As set forth in the indictment and in Court, this organization represents the largest drug trafficking organization ever dismantled in this District, responsible for distributing tons of heroin, cocaine, fentanyl and marijuana on the streets of Buffalo, Lockport and Niagara Falls,” said U.S. Attorney Hochul. “The organization utilized front companies, deliverymen, and wholesalers to import and distribute the drugs in this area, and bookkeepers and money launderers to conceal the tens of millions of dollars sent from Buffalo back to the suppliers. Some intended user of these illegal drugs will potentially be alive tomorrow, thanks to the work done by law enforcement today.”

DEA Special Agent in Charge James J. Hunt stated, “The Sinaloa Cartel’s reach from Mexico into U.S. Cities is most evident in this investigation. The Gil Organization’s alleged trafficking turned the City of Buffalo into ground zero for fentanyl/heroin trafficking in NY State; fueling drug addiction, overdoses and violent crime. Through an unprecedented collaboration between law enforcement, DEA and our law enforcement partners have successfully dismantled the organization that spanned from Mexico to Buffalo at all levels of operation.”
IRS-Criminal Investigation Special Agent in Charge Shantelle P. Kitchen said, “Tracing the complex flow of proceeds from the sale of illegal drugs is a proven, effective tool in dismantling drug organizations and we are proud that we do it very well. Moreover, the collaboration of skilled financial investigators, drug investigators, and prosecutors provides a formidable adversary in the fight against local, national, and international drug organizations. IRS-Criminal Investigation is pleased to be associated with such partnerships, including this one.”    

Named in the indictment are:

• Jose Ruben Gil, a/k/a Unc, a/k/a Ruben Gil Campos, a/k/a Mayor of Mexico; • Herman E. Aguirre, a/k/a 007, a/k/a Lucky, a/k/a Primo, a/k/a Freddy; • Sonia Hernandez; • Martha Aguirre; • Juan Alfaro; • Margaret Banuelos, a/k/a Lisa; • Troy R. Gillon; • Darryl J. Williams, a/k/a D; • Trent Adair Hamilton; • Michael Paul Mitchell; • Demetrius Yarborough, a/k/a Tu-Tu; • Rashawn Crule, a/k/a Black, a/k/a Shawn; • Maulana Lucas, a/k/a Big Daddy, a/k/a Shabazz; • Shirley Grigsby
• Ralik Hamilton; • Joseph Thompson, a/k/a Jo-Jo, a/k/a Skools, a/k/a Skoolboy and
• Dion Cheatham

Charges include engaging in a continuing criminal enterprise; conspiracy to possess with intent to distribute heroin, fentanyl, and cocaine; money laundering conspiracy; possession with intent to distribute, and distribution of crack cocaine, heroin and fentanyl; maintaining a drug-involved premises; felon in possession of firearm and ammunition; possession of a firearm in furtherance of drug trafficking crimes; and obstruction of justice. All 17 defendants face a mandatory minimum sentence of 20 years in prison.

Assistant U.S. Attorneys Meghan A. Tokash and Michael P. Felicetta, who are handling the case, stated that according to the indictment, members of the organization created fictitious “front” companies including Triton Foods, Inc., Kamora Investment Enterprises, Inc. and Fresh Choice Produce, all of which were incorporated in the State of California. Another fictitious company, Corral Seafoods, LLC, registered in the State of New York, was allegedly located in Cheektowaga, New York.

Using these companies, the defendants disguised kilogram quantities of heroin, fentanyl, and cocaine on pallets described on inventory and other documents as containing “Sea Cucumbers.” The pallets bearing the illegal narcotics were secreted in containers sealed with foam or spray insulation to avoid detection by law enforcement.

Members of the organization also utilized numerous bank accounts at a financial institution to conceal and disguise drug proceeds.

During the course of the investigation, law enforcement officers seized over $2,500,000 worth of illegal narcotics, including:

• 52.5 kilograms of cocaine; • 17.5 kilograms of heroin; and
• 8.5 kilograms of fentanyl

Using standard dosage amounts, the seized drugs potentially represent over 1,500,000 “hits” of cocaine, and 2,700,000 “hits” of heroin.

The investigation further determined that between June 2013 and September 2015, members of the organization additionally distributed over 5,000 pounds of cocaine, heroin, fentanyl and marijuana in the Western New York area.  The indictment alleges that approximately $20,000,000 was sent from Western New York banks to California in a one year period of time. The investigation into remaining members of the Gill/Aquirre drug trafficking organization continues.
 
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Internal Revenue Service, Criminal Investigation Division, under the direction of 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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Emmett Green, 45, of Delevan, N.Y., pleaded guilty to RICO conspiracy before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

“For the first time in this prosecution, a member of the Kingsmen Motorcycle Club has acknowledged that his former group is nothing other than a criminal front, engaging in such crimes as drug distribution, firearms sales, committing violence, and promoting prostitution,” said U.S. Attorney Hochul. “Any member of this or any other criminal organization who engages in similar criminal conduct should expect that they too will be brought to justice in the near future.”

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendant admitted being a member of the Kingsmen Motorcycle Club (KMC), a criminal organization which engaged in such unlawful purposes 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. 

Green further admitted that the Kingsmen operated by a strict chain of command and, at one point, the defendant was the Regional President of New York State serving under the direction of Kingsmen National President, David Pirk. Green also admitted that the Kingsmen disciplined non-compliant members. On December 2014, the defendant and co-defendant Robert Osborne, Jr., and others, assaulted a former Kingsmen for breaking club rules by punching the victim repeatedly in the body and chest and knocking him to the ground. 

Green is one of 17 defendants arrested in this case and the first to be convicted. 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. 

The plea is the culmination of the an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. Assisting in the investigation: the FBI Knoxville, TN, and Jacksonville, FL Field Offices, Immigration and Customs Enforcement, Homeland Security Investigations, the Erie County Sheriff’s Office, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York State Police, the Olean Police Department, the Lancaster Police Department, the Amherst Police Department, the Town of Tonawanda Police Department, the Niagara Frontier Transportation Authority Police, the Cattaraugus County Sheriff’s Department, and the Hamburg Police Department.    

Sentencing will be scheduled at a later date 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 Sherylrica Quisenberry, 34, of Buffalo, NY, who was convicted of conspiracy to distribute fentanyl, was sentenced to 12 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between May 7, 2013 and September 26, 2013, the defendant conspired with co-defendant Fannie Long to distribute controlled substances.  Specifically, while Long was incarcerated on other charges, Quisenberry filled a fentanyl prescription for Long and then sold the fentanyl patches at Long’s direction to a third party. Subsequently, while Long was still in custody, Quisenberry made a medical appointment for Long so that upon Long’s release she would be able to obtain more fentanyl patches to sell.
On other occasions Quisenberry sold hydrocodone pills, alprazolam pills, methodone pills, and crack cocaine to other individuals.
Long was previously convicted and sentenced to 96 months in prison for her role in the conspiracy.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field 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 Scott Wilbert, 41, of Rochester, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a minimum sentence of 10 years in prison and a maximum of 20 years. 

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that according to the complaint, the FBI Child Exploitation Task Force identified the defendant accessing child pornography online. Officers executed a search warrant at Wilbert’s residence and seized a laptop computer. A forensic examination of that computer recovered sexually explicit photographs of prepubescent children, some as young as toddlers.

Wilbert made an initial appearance before U.S. Magistrate Judge Jonathan Feldman. He is due back in federal court for a status hearing on October 6, 2016 at 9:30 a.m.

The criminal complaint is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, and the Greece Police Department.
 
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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 Tariq Brown, 23, of Buffalo, NY, pleaded guilty to RICO Conspiracy in connection with the May 12, 2012 shooting at Martin Luther King Park that left Marquay Lee dead and four other individuals wounded before Senior U.S. District Judge William M. Skretny. Two of the injured persons suffered permanent injuries, one victim is now a paraplegic and another was blinded in one eye. The charges carry a maximum penalty of life in prison and a $250,000 fine.  

“Given that this horrific crime occurred in a park named for a man whose life was dedicated to non-violence, it is certainly significant to today remove from our streets one who so callously injured residents trying to enjoy the company of family and friends,” said U.S. Attorney Hochul."

According to Assistant U.S. Attorney Meghan A. Tokash, who is handling the prosecution of this case, Brown is alleged to be 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. The defendant Brown already stands accused of three other attempted murders which injured two people.

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

The plea is the result of an 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 December 5, 2016 at 2:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Charisma Royster, 25, of Lackawanna, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine, was sentenced to two years probation by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorney Edward H. White, who handled the case, stated that on September 15, 2014, the defendant sold a quantity of crack cocaine to a confidential informant working with officers of the Lackawanna Police Department. Subsequent analysis confirmed the presence of crack cocaine.
 
Royster is one of 18 defendants arrested in a drug trafficking operation that included sales made in and near the Gates Housing Project in Lackawanna. To date, six defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
 
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Adel Abdullah, 32, of Lackawanna, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, controlled substance analogues, was sentenced to 12 months in prison by Senior U.S. District Judge William M. Skretny. 

Assistant U.S. Attorneys Thomas S. Duszkiewicz and Wei Xiang, who handled the case, stated that the conspiracy involved the sale of synthetic cannabinoids, also known as “spice,” at the Speedy Market, a convenience store at 1799 Genesee Street in Buffalo in 2011 and 2012.  Abdullah owned and operated the store. The defendant regularly ordered shipments of the spice from sources across the country. Abdullah and his clerks then sold the spice as potpourri not for human consumption, yet gave customers complimentary cigars as rolling paper to smoke the spice.

By 2012, spice and the myriad chemicals used to approximate its marijuana effect were becoming a major public health hazard.  In April 2012, an Erie County health inspector served an order on Abdullah’s store from the New York State Department of Health banning the sale of spice. Yet in May 2012, the store still sold spice and agents still found stockpiles of synthetic cannabinoids and packaging material at the store and at Abdullah’s home. Agents also recovered a package containing 2400 vials of synthetic cannabinoids, invoiced by a New Mexico supplier on May 15, 2012. According to invoices and other records in the case, some of what was being sold at Abdullah’s store for $10 per vial or packet only cost him $2.50.

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today Antonio Eldridge, 28, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to being a felon in possession of a firearm. The charge carries a maximum sentence of 10 years in prison and a $250,000 fine.

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

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

Sentencing is scheduled for December 2, 2016, at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has convicted James Kendrick, his brother, Pablo "Paul" Plaza, and their mother Janine Plaza-Pierce of conspiracy to possess with intent to distribute and to distribute large quantities of illegal narcotics. In addition, Kendrick was found guilty of the murders of Francisco Santos and Ryan Cooper. Plaza was also found guilty of the murder of Santos. Pierce was acquitted in the murder of Santos.

“Regardless of how violent the criminals - and these defendants were among the worst - federal law provides effective tools by which to remove predators and protect the public,” said U.S. Attorney Hochul. “At the same time, solving crimes in which the victims were dismembered and years had elapsed requires extraordinary professional skill and dedication. The entire community is rightly proud of the work of our federal ATF agents and local police departments, including RPD, and from this Office, Assistant United States Attorneys Everardo Rodriquez and Melissa Marangola.”

When sentenced, defendants Kendrick and Plaza face life in prison, Pierce faces a maximum of 20 years in prison.

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

Specifically, Francisco Santos, a/k/a “Cisco,” was murdered in October 1998. Santos’ body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County. Santos was a worker for Kendrick and Plaza and was murdered because the defendants believed he betrayed the organization by stealing drugs, cash and guns. Kendrick and Plaza initially retaliated by conducting a drive by shooting at the residence of Santos’ father, step-mother and sisters, who were four and six years old at the time.

Ryan Cooper, a/k/a “Chewey,” was murdered in late May 1999. Cooper was a cousin of the defendants. Kendrick murdered Cooper because he feared Cooper would go to police about what he knew about the murder of Francisco Santos. Rather than bury the body of Cooper as they buried Santos, Kendrick chose to dismember Cooper’s body and spread the parts around the Rochester area. While none of Cooper’s remains have ever been found, three trained cadaver dogs from the Rhode Island State Police independently alerted to a location behind the athletic field of a school in Rochester next to railroad tracks. Government witnesses testified that this was the same location where parts of Cooper’s body had been disposed.       

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

ATF Special Agent in Charge Delano A. Reid said, “These violent drug dealers spread fear, intimidation, mayhem, and in the Rochester area for almost two decades, leaving death in their wake. Their conviction for trafficking in narcotics, using firearms, and committing homicide means that they will enjoy lengthy prison sentences in a Federal penitentiary as a just reward for their crimes. We hope that these convictions help to make the community safer and bring some solace to the families of their victims.  To those gang members out there who think that crime and violence are the path forward, consider this a warning that we in law enforcement are ready for you, and you may be the next target for investigation and prosecution. We would like to extend our gratitude to the United States Attorney’s Office for their dedication to this investigation and their perseverance during a lengthy trial. I would like to extend a special thanks to our law enforcement partners, and the members of ATF and the Rochester Police Department who serve on our Rochester Violent Crime Task Force, who work hard every day to make Rochester a safer place to live.”

Nine other defendants involved in the drug conspiracy were charged and convicted.

The verdict is based on a joint investigation consisting of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Delano A. Reid, Special Agent in Charge, New York Field Division, and the Rochester Police Department, Violent Crime Team/Firearms Suppression Unit, under the direction of Chief Michael Ciminelli. 

Sentencing will be scheduled at a later date before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial. 

# # # #

UPDATE:

Chief U.S. District Judge Frank P. Geraci, Jr. this afternoon granted a request by the attorney for defendant Janine Plaza Pierce to set aside the jury’s guilty verdict on the charge of conspiracy to possess with intent to distribute and to distribute large quantities of illegal narcotics. The judge also set aside the jury’s guilty verdict involving a charge of possession with intent to distribute heroin at 87 Thomas St. in Rochester against Pablo Plaza.

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 Choi, 41, of Rochester, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The receipt of child pornography charge carries a minimum sentence of five years in prison and a maximum of 20 years, while the possession of child pornography charge carries a maximum sentence of 10 years in prison.

Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that according to the complaint, the FBI Child Exploitation Task Force identified the defendant accessing child pornography online. A forensic examination of that computer recovered sexually explicit photographs of prepubescent girls. Choi is an English teacher with the Holley Central School District.

The defendant made an initial appearance today before U.S. Magistrate Judge Jonathan Feldman. He is due back in federal court for a status hearing on August 12, 2016 at 10:30 a.m.

The criminal complaint is the culmination of an investigation by Special Agents of Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, and the Greece Police Department.
 
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 Gilbert Lynagh, 55, of Dublin, OH, pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
 
According to Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, between May 2010 and November 2013, the defendant conspired with others to fraudulently obtain money and property from investors. As part of the scheme, in May 2010, Lynagh and another individual formed two companies – i2i Capital LLC and i2i Settlement Partners LLC, which were incorporated in Delaware but listed a business address in Lancaster, NY.

Thereafter, the defendant and other members of the conspiracy caused 27 victims to invest over $5,000,000 in i2i Capital and/or i2i Settlement Partners.  Lynagh and other members of the conspiracy made false and fraudulent representations to victims regarding the nature of the investment and the associated risks, duration and rates of return. Victim funds were wire transferred from their bank accounts to bank accounts controlled by Lynagh and another individual at Alliance Bank in Oneida, NY. The majority of victim funds were utilized by the defendant and other members of the conspiracy in a manner that was not authorized by the victims, including for personal use.  None of the victims received the promised return on their investments, and none saw the return of their original investment funds as promised by Lynagh and other members of the conspiracy. As a result, at least five investors sustained substantial financial hardship by losing retirement or other savings or investment funds. 
 
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.

Sentencing is scheduled for November 4, 2016, before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Yvonne E. Borders, 43, of Cheektowaga, NY, who was convicted of theft of government funds, was sentence to two years probation by U.S. Magistrate Judge H. Kenneth Schroeder, Jr. The defendant was also ordered to pay restitution totaling $18,550 to the New York State Department of Labor.

Assistant U.S. Attorneys Maura K. O’Donnell and Elizabeth R. Moellering, who handled the case, stated that Borders applied for and collected unemployment benefits from the United States Department of the Treasury that she was not entitled to because she was working at the time for the Internal Revenue Service. Individuals are eligible for unemployment benefits when they become unemployed through no fault of their own and meet certain eligibility requirements. However, the defendant certified claims for benefits while she was employed as a contact representative with the IRS and failed to report this work to the New York State Department of Labor.

In total, Borders collected $18,550 in benefits that she was not entitled to from January 2009 through December 2013.

The sentencing is the result of an investigation by the Treasury Inspector General for Tax Administration, under the direction of Special Agent in Charge Robert E. O’Malley, 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, and the New York State Department of Labor, under the direction of Commissioner Roberta Reardon.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr, announced today that Gursharan Singh, 33, of Brompton, Ontario, Canada, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, before U.S. District Judge Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
 
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2007 and May 2011, Gursharan conspired with others to smuggle cocaine into Canada from the United States via several international bridges located including ones in the Buffalo-Niagara region. Investigators believe that this organization trafficked approximately 2,000 kilograms of cocaine (approximately $80,000,000 in value) during the course of the conspiracy. 

Singh was indicted along with Alvin Randhawa and Harinder Dhaliwal who are still facing 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.

Also charged in the conspiracy were Ravinder Arora, Michael Bagri and Parminder Sidhu. All three defendants have been convicted. 

Dhaliwal pleaded not guilty at his arraignment and is being detained pending trial. Extradition proceedings are underway to bring Alvin Randhawa and Gursharan Singh, who are also in Canada, to the Western District of New York.
 
Today’s plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Officers from the United States Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations, the Peel Regional Police Department, under the direction of Chief Jennifer Evans, the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region and the Toronto Police, under the direction of Chief William Blair.

Sentencing is scheduled for November 16, 2016 at 2:00 p.m. before Judge Skretny.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jason Cortese, 34, of Greece, NY, who was convicted of enticement of a minor, was sentenced to 135 months in prison and 10 years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Cortese used the internet and a smart phone to persuade a 12 year old minor to engage in sexually explicit activity. This activity included engaging in sexually explicit chats, attempting to have the minor send sexually explicit images of themselves and to receive and distribute images of child pornography.

A family member of the minor notified law enforcement officials after seeing the contents of the 12-year-old’s cell phone which included chats between the minor and the defendant. Cortese was known to the minor as a family friend. The minor disclosed that the two started chatting directly with one another through Facebook and then through Kik and Instagram.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn and the Irondequoit Police Department, under the direction of Chief Richard Tantalo. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, 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 Reginald Brown, 48, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution, of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in and a $1,000,000 fine.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on November 9 and November 16, 2011, the defendant sold approximately 13 grams of cocaine to a confidential informant working with the Federal Bureau of Investigation. 

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

Sentencing is scheduled for November 3, 2016 at 1:00 p.m. before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Antwan Hugley, 37, of Buffalo, NY, who was indicted in June 2015 on a charge of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $10,000,000, or both.

“I commend the unrelenting efforts of FBI special agents who did not give up and continued to track this defendant until he was taken into custody,” said U.S. Attorney Hochul.   

  Assistant U.S. Attorneys Edward H. White and Michael J. Adler, who are handling the case, stated that at the time of his indictment in June 2015, the defendant evaded arrest. Law enforcement officers continued to investigate and tracked Hugley’s whereabouts to Orlando, Florida where he was arrested on June 29, 2016.
 
  The defendant is accused of conspiring with others including co-defendant Trammel Bishop between 2011 and December 9, 2014 to distribute cocaine. On August 13, 2013, Houston, Texas police officers encountered Bishop at the Mega Bus parking lot in Houston. Officers asked Bishop if they could search his suitcase and he consented. The officers discovered approximately five kilograms of cocaine hidden in the back of the suitcase. Bishop indicated that he was intending to travel back to Buffalo, NY. Bishop has been convicted and is awaiting sentencing.   

  Hugley pleaded not guilty and is being held pending a detention hearing on July 29, 2016 at 10:30 a.m. before Judge McCarthy. 

Today’s arraignment 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 Houston Police Department, under the direction of Police Chief Martha I. Montalvo.

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. - The United States Attorney’s Office announced today that James L. Minter III, 44, of Buffalo, NY, who was convicted of racketeering conspiracy, was sentenced by Senior U.S. District Judge William M. Skretny to time-served and two years of supervised release to include six months home detention subject to electronic monitoring.  The defendant also was ordered to pay $12,000 in restitution to victims. 

According to Assistant U.S. Attorney Edward H. White, who handled the case with retired Assistant U.S. Attorney Anthony M. Bruce, Minter was a member of Local 17 of the International Union of Operating Engineers. The defendant was part of a conspiracy from approximately 2002 through 2005 to force several construction and contracting companies, including Zoladz Construction, Environmental Strategies, Ontario Specialty Contracting, Ecology and Environment, and Earth Tech, to sign collective bargaining agreements with Local 17 and agree to hire Local 17 members for various projects throughout Western New York. Minter, along with other Local 17 members, carried out a campaign of violence, vandalism, and intimidation against such companies, which included damaging construction equipment of the targeted construction companies and directing verbal and written threats to company employees and their family members.  

Minter was one of 12 officers and members of Local 17 arrested and charged in this case. Seven defendants pleaded guilty, President Mark Kirsch was convicted at trial, and four others were acquitted at trial. 

The investigation of this case was handled by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Shannon Woolard, Acting Special Agent in Charge of the New York Regional Office, 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. 

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today Agha Muhammad Khan Durrani, 27, of Pakistan, was arrested and charged by criminal complaint with making false statements during an attempt to unlawfully export merchandise consisting of weapons parts.  The charge carries a maximum penalty of five years in prison and a $250,000 fine.

“As this case demonstrates, our nation’s borders must continue to be guarded against a wide variety of threats, including that posed by international arms traffickers,” said U.S. Attorney Hochul. “Border authorities from both the United States and Canada should be commended for their diligence in capturing this particular defendant.” 

“Preventing the exportation of weapon parts is a crucial part of CBP’s mission and protecting our borders,” said Acting Director Rose Hilmey of Customs and Border Protection’s Buffalo Field Office. “Our close working relationship with both HSI and the U.S. Attorney’s office ensured that this discovery was pursued and the person will face criminal charges. I’m extremely proud of the dedication our officers display each and every day, ensuring our nation is safe and protecting the public.”

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

The items specifically consisted of:

• Assault rifle rail systems
• Assault rifle grips
• Assault rifle mounting system
• Assault rifle buffer system
• Assault rifle stocks
• Assault rifle hand guards
• Assault rifle back up lights

According to the complaint, such items are included on the United States Munitions List and require a license to export which Durrani did not have.

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

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

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

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

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was ordered detained. 

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

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

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Paul E. Van Voorhees, 55, of Hamburg, NY, pleaded guilty to obstruction of waterways before Magistrate Judge Michael J. Roemer Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of one year in prison.    
 
According to Assistant U.S. Attorney Aaron J. Mango, who is handling the case, the defendant was the Dock Master at the Buffalo Yacht Club and was responsible for maintenance of the buildings, grounds, and marina. On November 5, 2015, Van Vorhees and another employee of the Buffalo Yacht Club towed a damaged 13’ aluminum row boat that had been floating in the water in front of the Buffalo Yacht Club into the Black Rock Canal.  After reaching a certain location in the canal, the defendant released the boat into the canal with the intention of sinking it in the canal. A witness alerted the United States Coast Guard (USCG). During an initial interview with USCG personnel, Van Voorhees denied releasing the boat into the canal.  The boat was eventually recovered by the USCG from the Black Rock Canal. In a subsequent interview on December 23, 2015, the defendant admitted that he attempted to sink the boat in the canal. 

“Our area's waterways are not to be turned into someone's private junkyard,” said U.S. Attorney Hochul.
 
The plea is the culmination of an investigation by the United States Coast Guard, Buffalo Sector, under the direction of Captain Brian Roche, and by the Coast Guard Investigative Service, Buffalo Resident Agent Office, under the direction of Resident Agent in Charge Cindy C. Buckley.
 
Sentencing is scheduled for October, 19, 2016, at 10:30 a.m. before Judge Skretny.