Western District of New York

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051 
           
            WASHINGTON – Attorney General Loretta E. Lynch today announced that she has chosen Rupa Bhattacharyya to head the September 11th Victim Compensation Fund (VCF) after current VCF Special Master Sheila L. Birnbaum steps down later this month.
           
Special Master Birnbaum will continue to the full-time practice of law at Quinn Emanuel, LLP, where she is a partner. Bhattacharyya, who currently serves as Director of the Justice Department’s Constitutional and Specialized Tort Litigation Section in the Civil Division’s Torts Branch, will assume her new position on July 21.

“Rupa Bhattacharyya is an exceptional administrator and a devoted public servant, and I am delighted to name her as the new Special Master of the VCF,” said Attorney General Lynch. “Throughout her career at the Treasury and Justice Departments, she has earned a reputation for fairness, efficiency and integrity.  I am confident that under her leadership, the VCF will continue to guarantee that those whose lives were forever changed by the events of September 11th, 2001, can receive the compensation they deserve.  I thank outgoing Special Master Sheila Birnbaum for her outstanding leadership of the VCF over the last five years and I welcome Ms. Bhattacharyya to her new post.”

“As a life-long New Yorker, serving as Special Master of the VCF has been perhaps the most personally rewarding work of my career,” said Special Master Birnbaum.  “My goal from the beginning was to establish a program that is fair, transparent and easy to navigate and I believe we have accomplished this and more over the past five years.  It has been a true privilege to work on behalf of the victims of 9/11 and their resilience is inspiring.  As the VCF moves into a new chapter following the reauthorization, I know the team is well poised to continue to succeed in compensating those most impacted by the events of Sept. 11, 2001.” 

Birnbaum has served as VCF Special Master since May 2011, after the fund created under the James Zadroga 9/11 Health & Compensation Act (Zadroga Act) was signed into law by President Obama on Jan. 2, 2011.  The VCF was reauthorized in December 2015 and under Birnbaum’s leadership has rendered award decisions on more than 10,000 claims and paid over $1.8 billion to first responders, recovery workers and residents who suffered physical harm or were killed as a result of the terrorist-related aircraft crashes of Sept. 11, 2001, or the debris removal efforts that took place in the immediate aftermath. 

The VCF accomplishments under Birnbaum’s leadership include:

• Drafting and issuing the final rule to reflect the Zadroga Act when the VCF first re-opened in 2011 and then issuing the revised rule to reflect the December 2015 Reauthorization statute; • Establishing collaborative, ongoing working relationships with “partner” entities such as the WTC Health Program (NIOSH), local, state and federal agencies, key employers such as FDNY and NYPD and advocacy groups focused on 9/11 issues, all in an effort to ease the burden on claimants and ensure efficient claims processing; • Establishing an ongoing focus on outreach and communications with claimants, including the VCF website (available in four languages), a toll-free Helpline, town hall meetings and pro bono legal clinics in coordination with the New York City Bar; • Developing productive working relationships with law firms representing VCF claimants, including frequent conference calls and meetings to keep attorneys updated on VCF progress and activity; • Design and implementation of the initial claim form and redesign of a simpler form to meet the reauthorization mandate, as well as enhancements to the online system; • Continuous efforts to improve the quality of claim submissions to support faster review and decision-making and simplify and streamline the claim review process as it evolved; • Conducting extensive outreach for the Oct. 3, 2013, filing deadline to ensure all potential claimants knew of the deadline and had an easy way to register to preserve their right to file a future claim; • Hiring of VCF staff and expansion of team to meet claimants’ needs, including identifying and personally training hearing officers to conduct hearings; and
• Improving transparency by providing various public reports on a weekly, quarterly and annual basis, along with frequent “Messages from the Special Master” providing updates on the VCF.

            “I am honored to be selected by the Attorney General for this important service,” Bhattacharyya said.  “I look forward to working alongside the dedicated VCF staff to ensure that 9/11 claimants promptly receive the payments to which they are entitled.”

Prior to Bhattacharyya’s selection to run the 9/11 VCF, she has served as the Justice Department’s Constitutional and Specialized Torts Branch Director since April 2012.  As Director, Bhattacharyya oversees separate groups of attorneys and professional staff for the Vaccine Injury Compensation Program, which has paid in excess of $3.4 billion to more than 4,700 people since the Program’s 1988 inception under the National Childhood Vaccine Injury Act; the Radiation Exposure Compensation Act program, which has awarded more than $2 billion in compassionate compensation to eligible claimants under the Radiation Exposure Compensation Act; and the Constitutional Torts staff, which defends constitutional tort claims brought against federal officials sued in their individual capacities in federal district courts and reviews and makes determinations on requests for individual capacity representation from federal employees.  Bhattacharrya has also served informally as an advisor to the Civil Division on matters related to the 9/11 VCF, including implementation of the reauthorizing legislation and promulgation of the associated regulations.  She additionally serves as an advisor to other government components on compensation and representation programs, including the newly created U.S. Victims of State Sponsored Terrorism Fund, administered by the Department’s Criminal Division.

Bhattacharyya also served for nearly four years as the Deputy Assistant General Counsel for International Affairs at the U.S. Department of the Treasury, providing legal and legislative advice on a broad range of international economic and financial matters as well as administrative matters including hiring and budget.  In 2012, she received an Exceptional Service Award from the Secretary of the Treasury for playing a critical role in framing the legal contours of key national security objectives of the Treasury Department, for contributing significantly to the implementation of the Dodd-Frank Act, particularly with respect to its international implications and for deploying information technology resources to enhance information sharing and streamlining procedures for processing Freedom of Information Act requests.

She previously worked for nearly 12 years as an attorney in the Justice Department’s Civil Division, mostly in the Federal Programs Branch.  She was awarded the Attorney General’s John Marshall Award for Outstanding Legal Achievement for Trial Litigation, as well as three Special Commendations from the Assistant Attorney General of the Civil Division for Outstanding Service.  Before coming to the Justice Department, Bhattacharyya clerked for then Chief Judge Julia Smith Gibbons of the U.S. District Court for the Western District of Tennessee.

            Bhattacharyya received her J.D. from Harvard Law School, a Masters of Arts in Law and Diplomacy (M.A.L.D.) from the Fletcher School of Law and Diplomacy at Tufts University and her B.A. from Tulane University.

For additional information on the Victim Compensation Fund, please visit: www.vcf.gov.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Monsuru Giwa, 24, of Niagara Falls, NY, who was convicted of assaulting a federal officer, was sentenced to 30 months in prison by Senior U.S. District Judge William M. Skretny.  

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on November 24, 2015, U.S. Probation Officers attempted to search the defendant’s Niagara Falls residence. An officer approached Giwa on the porch and directed the defendant to put his hands behind his back. As the officer attempted to place handcuffs on Giwa, he attempted to break free causing the officer to be pulled off the porch and onto the ground suffering leg lacerations. Giwa then fled the scene.   

The sentencing is the culmination of an investigation on the part of the United States Probation Department, under the direction of Anthony SanGiacomo and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Salvatore Faliero, 53, of Franklinville, NY, pleaded guilty to being a felon in possession of a firearm before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine. In addition, the defendant, who is currently on federal supervised release following a 2009 conviction of accessory after the fact, also plead guilty to violation of supervised release which could carry an additional 24 months in prison.    

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

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

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

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

The plea is the culmination of an investigation by the New York State Police, under the direction of Major Steven Nigrelli and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid. 

Sentencing is scheduled for October 26, 2016 at 11:00 a.m. before Judge Skretny.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Marta Sawicka, 35, of Canada, pleaded guilty to attempting to enter the United States at a time or place other than as designated by immigration officers, before U.S. Magistrate Judge H. Kenneth Schroeder. The defendant was then sentenced to time served.   

According to Assistant U.S. Attorney Aaron J. Mango, who handled the case, on July 18, 2016, Sawicka was found illegally entering the United States from Canada by walking across the upper level of the Whirlpool Rapids Bridge around 2:30 a.m. The upper level of the Whirlpool Rapids Bridge is designated solely for railroad traffic and is clearly marked with signs as a no trespassing area. The lower level of the Whirlpool Rapids Bridge is designated for passenger vehicle traffic and is in operation only between the hours of 7:00 a.m. and 11:00 p.m. daily. Outside of these hours the lower level of the bridge is closed with locked gates preventing vehicle or pedestrian traffic between the United States and Canada.  The defendant was spotted by a Border Patrol officer and arrested.

During processing at the Border Patrol Station, Sawicka was fingerprinted which revealed prior immigration history. In February 2016, the defendant attempted to enter the United States at the Highgate Springs Port of Entry in Vermont but was stopped by Customs and Border Protection Officers. Sawicka was removed and was barred from reentering the United States for a period of five years.

The plea and sentencing are the culmination of an investigation by U.S. Border Patrol, under the direction of Chief Patrol Agent Brian Hastings.

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 Jennifer L. Cadwallader, 39, who was convicted of wire fraud and filing false tax returns, was sentenced to five years probation, including six months home confinement, by Chief U.S. District Judge Frank P. Geraci.

According to Assistant U.S. Attorney Trini E. Ross, who handled the case, the defendant was employed as the Office Manager for American Paving and Excavating, LLC (“American Paving”) from 2009 to 2015. Cadwallader’s responsibilities included accounts payable, maintaining books and records, the accounting system, paying bills, payroll, and deposits.

Between 2012 and 2014, the defendant accessed American Paving’s bank account and electronically transferred $338,329.12 from the corporate bank account to her personal credit card accounts. These electronic transfers were not authorized by American Paving and were done without American Paving’s knowledge or consent. In an attempt to conceal the theft, Cadwallader recorded the payments to her personal credit card accounts as credit card and fuel expenses on American Paving’s books and records.

In that same time period, the defendant failed to report the income from the electronic transfers totaling $338,329.12 to the Internal Revenue Service. Taxes due on the income totaled $108,026.00.

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

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Kenishia Simone Brown, 33, of Toronto, Canada, pleaded guilty to possession of counterfeit money before U.S. District Judge Rcihard J. Arcara. The charge carries a maximum penalty of 20 years in prison.  

According to Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, on January 13, 2016, the defendant was a passenger in a vehicle entering the United States at the Rainbow Bridge Port of Entry. After being referred to secondary inspection, Brown was questioned about her reasons for coming to the United States and was asked to take her jacket off and empty her pockets. At that time, a bundle of cash was discovered. Brown was then taken to a secure where it was determined that 58 $50 bills were counterfeit bills.

The plea is the culmination of an investigation by Customs and Border Protection, under the direction of Acting Director of Field Operations Rose Hilmey and the U.S. Secret Service, under the direction of Acting Special Agent in Charge Thomas Braun.
 
Sentencing is scheduled for November 3, 2016 at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today Michael Bush, 45, of Jamestown, NY, pleaded guilty before Chief U.S. District Court Judge Frank P. Geraci to transmitting communications containing threats to injure the person of another.  The charge carries a maximum of five years in prison, a fine of $250,000 or both.

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

The plea is the culmination of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen. 

Sentencing is scheduled for September 29, 2016, at 2:30 p.m. before Judge Geraci.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Rhonda Britt, 63, of Elmira, NY, was charged by criminal complaint with mail fraud. The charge carries a maximum of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, the investigation began in 2015 when elderly victims in California and Hawaii received phone calls from unidentified individuals indicating they won a substantial sum of cash. The victims were advised that in order to collect their prizes that they needed to pay “fees” of many thousands of dollars, and to send the “fees” to Rhonda Britt, in Elmira, NY. The victims sent the “fees” to the defendant through the mail as directed but the promised cash awards were never delivered.

In September 2015, Britt was interview by inspectors with the U.S. Postal Inspection Service and agreed that she would cease sending or receiving money from the scheme. In November 2015, the defendant executed an agreement with the Postal Service to that effect.

In June 2016, inspectors were advised that a Priority Mail envelope had arrived for delivery to Britt. On June 8, 2016, the defendant went to the Elmira Southside Post Office and  inquired  about  the  package.  Britt  later  spoke  with  an  inspector  acting  in  an undercover capacity. The defendant advised that she was expecting a check for business purposes and that the check was not for a lottery. The actual sender was an 89-year-old man who had been advised that he won $2,500,000 but in order to receive his prize, he would have to send Rhonda Britt a processing fee.

The investigation is the culmination of an investigation on the part of the United States  Postal  Service  Inspection  Service,  under  the  direction  of  Inspector-in-Charge Shelly Binkowski.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Christopher Gorman, 51, of Buffalo, NY, pleaded guilty conspiracy to damage a building used in an activity affecting interstate commerce by means of fire and an explosive before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

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

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

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

Sentencing is scheduled for November 2, 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 Monica R. Romaszko, 62, of West Seneca, NY, pleaded guilty to conspiring to evade the payment of federal income taxes, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Romaszko conspired with others to funnel funds from an illegal boiler room investment fraud scheme through various bank accounts In Western New York created in the names of fictitious entities.  A “boiler room” in an investment fraud scheme is a location where conspirators use mass marketing techniques to contact prospective investors. During the solicitation, conspirators make false representations about investment opportunities in order to obtain money from unsuspecting investors. The boiler room in this case was located in Barcelona, Spain and was operated by Romaszko’s brother, Arnold Wrobel who was convicted and is awaiting sentencing.

The scam conned investors in the United Kingdom and Canada into buying nearly worthless shares of restricted stock at severely inflated prices by telling buyers that they were buying more valuable regular shares of stock. Approximately 250 investors lost more than $2,900,000. The defendant’s conduct resulted in a loss of $193,439 to the Internal Revenue Service in federal income tax revenue. Romaszko is the fourth of 12 defendants in the case to be convicted.  

The plea is the result of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James S. Spero, Special Agent in Charge, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.  Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Josue Ortiz, 34, of Niagara Falls, NY, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

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

Sentencing is scheduled for October 24, 2016 at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Ronald Anthony McCarter, Jr., 24, of Lackawanna, NY, pleaded guilty to bank robbery before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated on October 29, 2015, the Key Bank on Broadway Avenue in Lancaster, NY was robbed. An individual entered the bank, approached a teller and passed a note which demanded cash, no dye pack, and no sudden movements. Subsequent investigation identified McCarter as the individual based on bank surveillance photos.

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction on the part of Adam S. Cohen, and the Lancaster Police Department, under the direction of Chief Gerald Gill.

Sentencing is scheduled for October 20, 2016 before Judge Vilardo.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has convicted Elijah Iverson, 38, of Tonawanda, NY, of possession with intent to distribute 28 grams or more of cocaine, possession with intent to distribute marijuana, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking crimes, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and a $1,000,000 fine.

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

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

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

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

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

Sentencing is scheduled for October 25, 2016 at 10:00 a.m. before U.S. District Judge Lawrence J. Vilardo who presided over the trial. 

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Aramenta Lee, 63, of Buffalo, NY, who was convicted of theft of social security retirement benefits, was sentenced to five years probation with six months of home confinement by U.S. District Court Judge Frank P. Geraci. The defendant was also ordered to pay $235,160 in restitution to the Social Security Administration.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that Lee failed to notify the Social Security Administration of her father’s death in 2002. As a result, social security checks continued to be issued and deposited into a savings account in the name of the defendant’s father. As Power of Attorney, Lee had access to the account. Between July 13, 2002 and January 2, 2015, the defendant stole a total of $235,160 in social security benefits.

The sentencing is the result of an investigation by 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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Seymour Ellis, 43, most recently of Queens, N.Y., who was convicted after plea of Assault of a Federal Officer, was sentenced to imprisonment of 68 months by United States District Judge Frank P. Geraci, Jr.

Special Assistant United States Attorney Brian J. Counihan, who handled the case, statedthat in April of 2015, the defendant was in immigration custody at the BuffaloFederal Detention Facility in Batavia, N.Y. The defendant was awaiting removal from the United States to Jamaica after having been stripped of his lawful permanent resident status and ordered removed by an immigration judge. The immigration judge ordered the defendant removed from the United States because of the defendant’s New York State narcotics trafficking, robbery, and theft convictions.  While in the detention facility, the defendant attacked and assaulted a detention officer using a radio and his fists and causing bodily injury.

The sentencing is the result of an investigation by Officers of the Enforcement and Removal Operations of U.S. Immigration and Customs Enforcement under the direction of Field Office Director Michael Phillips.

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

 BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. of the Western District of New York announced today that Jamie Boye, 34, of Jamestown, N.Y., who was convicted of conspiracy to commit securities fraud, was sentenced to 18 months by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango stated that from October 22, 2008, to September 15, 2011, the defendant participated in what is commonly known as a “pump-and-dump” scheme.  Specifically, the defendant and his co-conspirators registered several Internet domain names, such as www.trypennystocks.com, and falsely advertised 29 penny stocks as being profitable investments. These misleading advertisements encouraged investors to invest in the advertised penny stocks, causing the stock prices to increase.  Once the defendant and his conspirators thought that the price of any one stock would not increase any further, they sold their shares for a large profit.  In total, the defendant was compensated $498,714.25 for his participation in the scheme. 

 Pursuant to the plea agreement, the Court issued a money judgment in the sum of $498,714.25.  The government seized the defendant’s 2007 Cadillac Escalade, 2007 Dodge Charger Sedan, 2009 Suzuki ATV, and the defendant’s real property, which will be sold.  The proceeds will be credited toward the money judgment.

 The sentence is the culmination of an investigation on the part of Special Agents of the Internal Revenue Service-Criminal Investigation, under the direction of Shantelle P. Kitchen, Special Agent in Charge, Special Agents of the Department of Homeland Security Investigations under the direction of James C. Spero, Special Agent in Charge, and Special Agents of the United States Secret Service, under the direction of Thomas Braun, Assistant 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 Darren Smith, 45, and Jose Quintana, 28, both of Rochester, N.Y., each pleaded guilty to Conspiracy to Distribute Cocaine, before U.S. District Judge Charles J. Siragusa. Smith’s conspiracy charge carries a minimum penalty of 20 years and a maximum penalty of life in prison and a $20,000,000 fine; Quintana’s conspiracy charge carries a minimum penalty of 5 years and a maximum penalty of 40 years and a $5,000,000 fine.

Assistant U.S. Attorney Jennifer M. Noto, who is handling the case, stated that according to the plea agreements, Smith and Quintana participated in an ongoing drug trafficking conspiracy in the City of Rochester from 2015 through April 26, 2016. As part of his plea, Smith admitted that in addition to directly distributing cocaine to others, he stored quantities of cocaine and cash drug proceeds at his residence. During a search warrant executed at Smith’s residence on April 27, 2016, law enforcement recovered more than 100 grams of cocaine base, more than 150 grams of cocaine, $10,178 in cash and a loaded .45 caliber firearm. Smith admitted that he possessed that firearm in connection with his drug trafficking. This will be Smith’s third felony drug conviction.

As part of his plea, Quintana admitted that he directly distributed cocaine to others and that he possessed the 12 gauge shotgun recovered from his residence for protection in connection with his drug dealing activities.  The plea is the result of/culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Greater Rochester Area Narcotic Enforcement Team, under the direction of Lt. Dave Gebhardt, the U.S. Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge.

Sentencing for Smith is scheduled for 10/13/16 at 11:00AM before Judge Siragusa. Sentencing for Quintana is scheduled for 10/14/16 at 10:15AM 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 Ryan Arcara, 27, of West Seneca, N.Y., who was convicted of possessing child pornography, was sentenced to two years in prison and ten years supervised release by U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that the defendant possessed 8 image files and 59 video files containing child pornography stored on that computer and hard drive. Some of the child pornography possessed by the defendant depicted prepubescent minors or minors less than 12 years of age.

The sentencing is the result of/culmination of an investigation by the Department of Homeland Security/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 that JAMES HENRY McAULEY, JR., 67, of Oakfield, New York, who previously pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine, was sentenced to 300 months in prison by U.S. District Judge Charles J. Siragusa.  McAuley was also prohibited by Judge Siragusa from being a member of or associating with the Hell’s Angels for five years after his release from prison.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that from 2002 through July 9, 2010, McAuley – at the time, a member and Vice President of the Rochester Hell’s Angels – was the leader of a methamphetamine trafficking network operating in the Western District of New York.  In 2002, McAuley located a source of methamphetamine supply in the Monterey, California area.  McAuley and other members of the conspiracy traveled to California on numerous occasions to obtain pound-size quantities of methamphetamine from the supplier.  The methamphetamine would then be transported or shipped from California to the Rochester area, where another member of the conspiracy would sell it to their customers.

In April 2007, McAuley was arrested on federal racketeering charges from the Northern District of New York.  After his arrest and incarceration, McAuley continued to direct the methamphetamine trafficking operation.  McAuley used another co-conspirator to arrange for obtaining quantities of methamphetamine from the Monterey, California- based source of supply.  Other members of the conspiracy sold the methamphetamine to individuals in the Rochester area, Genesee County, and other locales.  The conspiracy continued until July 2010.  McAuley admitted to trafficking up to 15 kilograms (more than 30 pounds) of methamphetamine.

This case is part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012.  Seven defendants were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. All of the defendants – McAuley, Richard W. Mar, 64, the President of the Monterey Hell’s Angels in California; Donna Boon, 50, McAuley’s wife, of Oakfield, New York; Rochester Hell’s Angels member Richard E. Riedman, 42, of Webster, New York; Gordon Montgomery, 57, of Batavia, New York; Rochester Hell’s Angels member Jeffrey A. Tyler, 51, of Rochester, New York; and Paul Griffin, 62, of Blasdell, New York – have pleaded guilty to drug trafficking offenses based on their roles in the methamphetamine conspiracy.   Judge Siragusa sentenced Griffin to probation, Riedman to 37 months in prison, Montgomery to 60 months in prison, Tyler to 18 months in prison, and Boon to 3 years probation and 12 months of home incarceration.  Mar is scheduled to be sentenced on August 16, 2016, in front of Judge Siragusa.

Rochester Hell's Angels member Robert W. Moran, Jr. a/k/a Bugsy, 61, of Rochester, New York, pleaded guilty to conspiracy to commit assault with a dangerous weapon in aid of racketeering activity on February 24, 2016, and was sentenced to 18 months in prison.  Gina Tata, 52, of Rochester, New York, pleaded guilty to being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid  of  racketeering  activity,  on  February  24,  2016,  and  was  sentenced  to  3  years probation.  Another defendant, Timothy M. Stone (age 36), of Gates, New York, pleaded guilty to being an accessory after the fact to the assault, and was sentenced on February 5, 2016, by Judge Siragusa to 12 months in prison.

The plea was 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 James Hunt, the New York State Police, under the direction of Superintendent Joseph D’Amico, the City of Batavia Police Department, under the direction of Chief Shawn Heubusch, and the Village of LeRoy Police Department, under the direction of Chief Christopher Hayward.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Matthew Jaskula, 26, of Buffalo, NY, was indicted by a Federal Grand Jury for one count of willful deprivation of rights under color of law resulting in bodily injury. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

“The Constitutional rights that all citizens of this country enjoy do not expire simply because a  person has  been taken into custody,” said U.S. Attorney Hochul.  “Likewise, the motto ‘to protect and to serve’ applies not just to sworn police officers, but to all who work in any law enforcement capacity. For these reasons, when our Office receives information that a person has been abused by one in authority, we will not hesitate to act, whether the incident occurred on a street or in a jail.”

U.S. Attorney Hochul stated that Jaskula had been working as a Cell Block Attendant with the Buffalo Police Department since 2013. On May 19, 2016, the defendant was working as a Senior Cell Block Attendant.

According to the previously filed criminal complaint, on May 19, 2016, the victim was arrested by two Buffalo Police officers and transported to the cell block area of police headquarters. At approximately 10:00 p.m., the victim, whose hands were handcuffed behind his back, was taken into the fingerprint and mug shot room. The officers and the victim were met by Jaskula and another cell block attendant.
The victim, with his hands still handcuffed behind him, was instructed to face a wall. Within a few seconds, Jaskula grabbed the victim from behind and shoved the victim face-first into a door. The force of the defendant’s actions not only caused the victim to strike the door, it caused the door to fly open and the victim to fall to the ground. On the way to the ground, the victim’s face struck the ledge of a shelf, before striking the floor, face-first.

The defendant’s actions caused the victim to become limp and unresponsive. Jaskula thereafter grabbed the victim by his handcuffed arms and dragged him down a hallway  for  approximately 10-15  feet  to  an  open  cell.  The  victim  began  bleeding profusely as he was dragged by the defendant and taken into an open cell.  As the victim was pulled into the room, the victim’s head hit the door frame, causing blood to pool on the floor. Once in the room, the victim’s facial injuries caused a large amount of blood to fall onto the seat and floor of the cell.

The victim was later taken by Jaskula and another and put into a restraint chair used for non-compliant prisoners. The defendant left the victim in this chair, without seeking medical treatment for the extensive facial injuries, for approximately an hour and 45 minutes. The cell block area in Buffalo Police headquarters is equipped with a video recording system and Jaskula’s actions were captured on videotape.

As also described in the complaint, Jaskula told two lieutenants on duty that a prisoner had a bloody nose, giving the impression that the victim had the bloody nose when he was brought in by the officers. After one of the lieutenants indicated the victim should go to the Erie County Medical Center, the defendant replied that the victim’s nose was not bleeding anymore and he was refusing medical treatment. At approximately 11:30 p.m., the victim complained of chest pains. The victim was taken to ECMC and treated for nasal bone fractures and a laceration between his nose and right eye.

The  defendant  will  be  arraigned  on  a  date  and  time  to  be  set  before  U.S. Magistrate Judge Michael J. Roemer.  The indictment is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

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

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

ROCHESTER, N.Y.   U.S. Attorney William J. Hochul, Jr.  announced today that Charles Cummings, of Rochester, New York, was charged with possessing marijuana with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and  knowingly possessing firearms and ammunition after having been convicted of a felony.  The charges carry a maximum possible penalty of life imprisonment, a fine of $500,000, or both.

Assistant U.S. Charles E. Moynihan, who will handle the prosecution of the case, stated that on August 6, 2015, members of the Greater Rochester Area Narcotics Enforcement Team and Members of the Rochester Police Department executed a New York State Court authorized search warrant at 4124 Lake Avenue, in the City of Rochester, and located approximately 30 firearms of various makes and models, as well as 851 rounds of ammunition of various calibers.  Law enforcement officers also located approximately twelve ounces of a substance which they believed to be marijuana, which was inside of a safe in a bedroom, as well as over $1,800 in cash, which was inside a wallet in the same bedroom.  Cummings was prohibited from possessing firearms and ammunition due to a 1998 conviction for Criminal Possession of a Controlled Substance in the Second Degree.

“Thanks to the actions of the Greater Rochester Area Narcotics Enforcement Team, Rochester Police Department, and ATF,  over two dozen firearms have now been removed from the City,” said U.S. Attorney Hochul.  “In order to prevent violence and gun crime before it occurs, this Office will continue to assist local law enforcement partners whenever we are able to do so.”

The charges are a culmination of an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge James Burroughs, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
 
The fact that the defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Gregory Stonoha, 24, of Rochester, N.Y., pleaded guilty to possessing child pornography before U.S. District Judge Charles J. Siragusa.  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 Stonoha was found to possess large quantities of child pornography involving prepubescent minors.  Stonoha used an application known as Kik to trade child pornography with other users, and to engage in sexually explicit “chats” with other users. After a search warrant and arrest of another individual in Arizona it was determined that Stonoha was communicating with this individual and sharing child pornography. 

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

Sentencing is scheduled for October 13, 2016, at 10:00, 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 Daniel J. Bakowski, 35, of Springville, NY, who was convicted of possession of a firearm in interstate commerce after a felony conviction, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on January 10, 2014, police officers executed a search warrant at the defendant’s then-residence, 1418 Eagle Street in Freedom, NY, Officers discovered a Smith and Wesson, 12- gauge shotgun and a digital scale with cocaine residue on it in Bakowski’s bedroom. Officers also found evidence of a marijuana grow operation in the basement, which the defendant admitted to operating.

The sentencing is the culmination of an investigation on the part of the New York State Police, under the direction of Major Steven A. Nigrelli, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, 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 Karen Schlager, 60, of Snyder, NY, who was convicted of submitting false and fraudulent claims to the Department of Veterans Affairs, was sentenced to one year probation, 80 hours community service, and a $5,000 fine by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $14,900 to the U.S. Department of Veterans Affairs. 

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that the defendant, who was the funeral director at Schlager Funeral Home in Amherst, submitted claims to the VA seeking payment for death benefits, including transportation costs, burial services, and funeral costs, that she knew had not provided to veterans or their families. As a result of the defendant’s actions, the VA suffered a loss of approximately $13,800.
 
The sentencing is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Jeffrey G. Hughes.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Kevin James Fox, 60, of Limestone, NY, was arrested and charged by criminal complaint with production and receipt of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 50 years, and a fine of $250,000.

Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that according to the complaint, beginning in April of 2016, the defendant created multiple online personas. Fox also obtained phone numbers using publically available apps that allow a user with an internet connected tablet or smart phone to obtain a user selected, non-assigned phone number. 

Using these phone numbers, the defendant then began communicating, via text messages, with an ex-girlfriend. In these text messages that the ex-girlfriend believed were coming from unknown individuals, Fox convinced the ex-girlfriend that she was in physical danger from organized crime. The defendant manipulated the ex-girlfriend into believing that the only way she could get out of danger was to have explicit sexual contact with her 17-year-old son, and to take photographs of the sexual activity.

On June 10 and June 21, 2016, the ex-girlfriend engaged in explicit sexual contact with her 17-year-old son, produced images and videos of this contact, and sent the images and videos via text messages to phone numbers controlled by the defendant.

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained pending a detention hearing on July 6, 2016, at 2:00 p.m.

The criminal complaint is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge along with the Cattaraugus County Sheriff’s Office, under the direction of Timothy Whitcomb.  

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 Laree Greggs, 39, of Rochester, NY, who was convicted of conspiracy to commit sex trafficking of a minor before, was sentenced to 80 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Tiffany H. Lee and Melissa M. Marangola, who handled the case, stated that in April 2013, Greggs attempted to transport a minor from Rochester to the State of Pennsylvania for the purpose of engaging in prostitution in furtherance of the conspiracy. The defendant used Backpage.com to post ads for the minor.

Greggs was arrested in April 2014 along with Jodia Campbell and Jennifer Miller. Miller has been convicted and sentenced. Campbell has been convicted and is awaiting sentencing.

The sentencing is the culmination of an investigation on the part of the 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, 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 John K. Carrillo, 35, of Lake Charles, Louisiana, who was convicted of possession of child pornography, was sentenced to 72 months in prison by U.S. District Judge Richard J. Arcara.  The defendant was also ordered to pay $4,000 in restitution to the victims in the case.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on November 11, 2014, the defendant possessed images and videos of child pornography which were stored on a laptop computer. Carrillo obtained the images and videos over the internet. 
At the time, an undercover FBI agent logged onto a peer-to-peer sharing program downloaded 69 images and seven videos of child pornography directly from a username belonging to the defendant. At the time of this download, the defendant possessed the images and videos of child pornography on his laptop computer which was located in his residence in Williamsville, New York.
On February 27, 2015, while Carrillo was then living in Lake Charles, Louisiana, he was found to again be utilizing a peer-to-peer network to distribute child pornography.  Some of the images and videos depicted violence involving minors less than 12 years old. 
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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051 
 
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Johnny Rounds, who was convicted of racketeering conspiracy involving murder and drug dealing and operating a continuing criminal enterprise, was sentenced to 300 months in prison by Senior U.S. District Judge William M. Skretny.

According to Assistant U.S. Attorneys Joel L. Violanti and Wei Xiang, who handled the case, between 2004 and June 2010, the defendant was the head of the Rounds Crew which committed numerous acts of violence and narcotics trafficking on the East Side of Buffalo encompassing Broadway and several intersecting streets. Members of the gang guarded that territory and resorted to acts of violence to insure that no rival gang members or other individuals encroached upon their territory for any reason, including selling or distributing drugs.

Acts of violence included the murders of three people who did not have any affiliation with gang activity, and the attempted murders of several others:

• The July 10, 2009 murder of Brandon Haugabook, on the corner of Paderewski and Townsend Streets in Buffalo;

• The August 12, 2009 murder of Larry Crosland on William Street in Buffalo;

• The August 13, 2009 murder of Shawn Kozma on Reed Street in Buffalo. Kozma’s body was found burned a day later on August 14, 2009 in a vacant field on William Street;  

• Several attempted murders and shootings of rival gang members.

In addition to committing the murders and attempted murder, the Rounds Crew engaged in narcotics trafficking offenses in their territory which included Reed, Detroit, Townsend, and Coit Streets in Buffalo. 

Johnny Rounds and seven other Rounds Crew Gang members have been convicted in this case.  

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent in Charge Adam S. Cohen, 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. Additional assistance was provided by the Erie 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 Shavon Royal, 21, of Lackawanna, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine base within 1,000 feet of public housing property, was sentenced to time-served (14 months) by Senior U.S. District Court Judge William M. Skretny. 

  Assistant U.S. Attorney Edward H. White, who handled the case, stated that on May 30, 2014, the defendant sold approximately three grams of crack cocaine to a confidential informant working with the Federal Bureau of Investigation. On August 25, 2014, Royal sold approximately two grams of crack cocaine to a confidential informant working with officers of the Lackawanna Police Department. The sale occurred within 1,000 feet of the Gates Housing Projects in Lackawanna.    

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 Lackawanna Police Department, under the direction of Chief James L. Michel.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Angel Pierluissi pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, cocaine, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

“This conviction demonstrates that illegal drugs are not confined to a single area of the country,” said U.S. Attorney Hochul. “At the same time, thanks to our invaluable partnerships with all levels of law enforcement, extraordinary successes in our fight against the scourge of these poisons are also possible.”

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that Pierluissi was a member of a drug trafficking organization led by co-defendants Rafael Burgos and David Jesus Pagan. The organization operated between 2013 and June 10, 2015. During that time, members distributed multiple kilograms of cocaine throughout the Dunkirk area.

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

All defendants have been convicted except for David Jesus Pagan and Angel Pierluissi. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.     

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

Sentencing will scheduled at a later date.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Jason Yelder, 33, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine. 

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on March 30, 2016, the defendant was pulled over by Hamburg Police on Old Lakeshore Road after moving from a lane unsafely. A DMV check revealed that Yelder’s driver’s license had been suspended four times on four different dates. As a result, the defendant was arrested and taken into custody.

A subsequent search of Yelder’s vehicle, a Dodge Ram Pickup, uncovered a large amount of cash, the defendant’s passport, a digital scale, methamphetamine packaged for sale, drug packaging, needles, suspected HGH samples, hard drives, prescription pills and a small amount of powdered crack cocaine.     

The complaint is the culmination of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. hunt, New York Field Division.

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 Maximilion Broadnax, 31, of Rochester, NY, who was convicted of robbing the Chase Bank at 900 Dewey Avenue in Rochester, was sentenced to eight years in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Charles E. Moynihan, who handled the prosecution of the case, stated that on May 22, 2015, Broadnax’s co-defendant, Tiffany Hogan, entered the Chase Bank just after it opened and passed the bank teller a note drafted by Broadnax. The note demanded money and stated that nobody would be hurt if the teller complied. After receiving a specific amount of United States currency, Hogan left the bank and got into a white minivan in which Broadnax was waiting and the two drove away from the location. 

Hogan and Broadnax were arrested later that same day at 17 Second Street in Rochester by members of the Rochester Police Department who were looking for Broadnax in connection with his involvement in stolen vehicles. While taking Broadnax into custody, officers saw that Broadnax’s pants fell down and a large amount of United States currency fell out. 

Tiffany Hogan was also convicted of bank robbery and sentenced to 96 months in prison. 

Today’s sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, as well as the Town of Greece Police Department, under the direction of Chief Patrick Phelan, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division announced today that a federal grand jury has returned a four count indictment charging Lizhong (Tony) Shen and Xiaojie (Lucy) Shun with conspiracy to defraud the government and subscribing to a false tax return. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

In addition, Lucy Shun is charged with corrupt endeavor to obstruct and impede the due administration of the Internal Revenue Service which is punishable by three years in prison and a $100,000 fine.   
 
Assistant U.S. Attorney Trini E. Ross and Tax Division Attorney Thomas F. Koelbl, who are handling the case, sated that according to the indictment, between April 2004 and November 2009, the defendants, who were married at the time, jointly operated BTL International Company, Ltd., a tour and travel service company located in Niagara Falls, NY. In 2009, the defendants separated and Tony Shen stopped working for BTL International. In January 2011, Lucy Shun ceased operation of BTL International and began operating Niagara Falls Universal, Inc., also a tour and travel service company.
 
For the tax years 2008 and 2009, Shen and Shun failed to properly report income generated by BTL International to the Internal Revenue Service on both corporate and personal tax returns.

Both defendants also signed their 2009 personal tax return knowing the return included incorrect information. Shen and Shun reported income in the amount of $22,880 but it is alleged they knowingly received a significantly higher income.     

Furthermore, from April 2010 through April 2013, Lucy Shun provided inaccurate information to the accounting firm preparing the 2011 tax return for Niagara Falls Universal, the 2010 and 2011 personal tax return for the couple and the 2012 tax return for Lucy Shun.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Kevin Quinn, of Lancaster, NY, who was convicted of theft of social security retirement benefits, was sentenced to three years probation to include 12 months of home incarceration by U.S. District Court Judge Lawrence J. Vilardo. The defendant was also ordered to pay $134,213 in restitution to the Social Security Administration.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the defendant failed to notify the Social Security Administration of his father’s death in 1996 as well as his mother’s death in 1998.  As a result, social security checks continued to be issued and deposited into a joint savings account in the name of Quinn’s parents. The defendant used the ATM card for the account, withdrew money, and spent it. Quinn stole a total of $134,213 between March 18, 1996 and March 3, 2014.

The sentencing is the result of an investigation by the Social Security Administration, the 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 

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Abraham Horlando Ramirez-Ramirez, 32, of Guatemala, was arrested and charged by complaint for re-entering the United States after being deported. The charges carries a maximum penalty of two years in prison.

Assistant U.S. Attorney Scott S. Allen, who is handling the case, stated that according to the complaint, on June 25, 2016, at approximately 10:50 a.m., the defendant was riding in a vehicle along with three others. The vehicle accidentally made a wrong turn, and entered a lane bound for Canada at the Rainbow Bridge Port of Entry. After being refused entry into Canada, the vehicle approached the Rainbow Bridge Port of Entry in Niagara Falls, NY.

During a primary inspection, Customs and Border Protection officers determined that Ramirez has been living unlawfully in Maryland for several years. This is the third time the defendant was found to be unlawfully in the United States, having been previously deported in 2009 and 2011.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and is being held. 

The complaint is the culmination of an investigation by U.S. 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 Tramell Bishop, 37, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine, before U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $5,000,000, or both.

  Assistant U.S. Attorney Edward H. White, who is handling the case, stated that between 2011 and August 13, 2013, Bishop conspired with others distribute cocaine. On August 13, 2013, Houston, Texas police officers encountered the defendant 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, New York.  

The plea 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.

Sentencing is scheduled for October 5, 2016 at 10:00 a.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 a grand jury has returned a 14 count indictment charging Richard Clarke, 47, a Canadian citizen residing in Buffalo, Barrett Johnson, 32, of Jamestown, NY, and Joshua Castro, 31, of Buffalo, NY, with conspiracy to distribute controlled substances. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000. In addition, Castro is charged with possession with intent to distribute controlled substances which is also punishable by 20 years in prison.   

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and a previously filed complaint again defendants Clarke and Johnson, the investigation began in February of 2015. Clarke was identified through surveillance as the supplier of MDA and MDMA, also known as ecstasy or molly, to Johnson over a 10-month period. On January 28, 2016, law enforcement officers established surveillance at Clarke’s Nottingham Terrace residence in Buffalo and Johnson’s business, Iconz Barbershop on Hertel Avenue in Buffalo. Officers trailed Clarke and Johnson to Elmwood Avenue where they observed Johnson approaching Clarke’s vehicle and the two exchanged what appeared to be a blue colored bottle.

Subsequently, officers executed a search warrant at Iconz Barbershop where Johnson was arrested. At the time of the arrest, the defendant threw all of the items in his hands to the ground including a blue Pepsi cup which contained a substance similar to molly.  

During the execution of a search warrant at Clarke’s Nottingham Terrance residence, officers seized specific amounts of powder molly and ecstasy pills as well as approximately $13,000 in cash.    

The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder and were release on conditions.     

The indictment 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 Border Enforcement Security Taskforce which includes the Ontario Provincial Police, Niagara Regional Police, Peel Regional Police and Toronto Police Services.

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 Wilfred Wylie, 35, of Buffalo, who was convicted of conspiracy to commit money laundering, was sentenced to 63 months in prison by U.S. District Judge Lawrence J. Vilardo.  
 
According to Assistant U.S. Attorney George C. Burgasser, who handled the case, co-defendant Franklin Richards supplied cocaine to the LRGP Gang which operates in the area of Lombard, Rother, Gibson and Playter Streets in Buffalo. Wilfred Wylie was searched by security at the Buffalo Niagara International Airport and found with $112,00 in U.S. currency, which he intended to take to Houston, Texas for the purchase of cocaine on behalf of Franklin Richards.
 
Franklin Richards has been convicted and is awaiting sentencing. 
 
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Nichole Crosson, 22, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to opening mail without lawful authority. The charge carries a maximum penalty of one year in prison and a fine of $100,000.

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

The plea is the culmination of an investigation on the part of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA., with the assistance of the Eden Police Department, under the direction of Chief Michael J. Felschow.

Sentencing is scheduled for September 27, 2016 at 10:30 a.m. before Judge Roemer.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Raymond Lee, 50, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribute, 100 kilograms or more of marijuana and money laundering conspiracy, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Lee was part of an operation that shipped at least 100 kilograms of marijuana, including by mail, from California for sale in the Buffalo area. The marijuana was then paid for by the deposit of U.S. currency into “funnel” bank accounts.

A search of an apartment in Hamburg, NY associated with the conspiracy in August 2013 uncovered 37 metal cans, sealed like canned vegetables in grocery stores, containing approximately 37 pounds of marijuana, each worth over $1,000. In addition, a  search of Lee’s residence uncovered over $38,000 in cash, as well as funnel account deposit slips and receipts. Law enforcement surveillance captured Lee repeatedly visiting the Hamburg apartment and sometimes retrieving cans. Undercover purchases of marijuana were also made directly from Lee.

Lee is the fifth defendant to be sentenced in this investigation. Defendants Mark Moodie, Wilfred Taylor, Oneil Bennett, and William Key have also been convicted and sentenced in this case.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Border Enforcement Security Team, under the direction of Special Agent in Charge James C. Spero, the Lackawanna Police Department, under the direction of Chief James Michel, and the Hamburg Police Department, under the direction of Chief Gregory Wickett.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Brian Avery Smith, 43, of Buffalo, NY, who was convicted of bank fraud, was sentenced to 63 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorneys Maura K. O'Donnell and Russell T. Ippolito, who handled the case, stated that Smith caused fraudulent loan applications and supporting documentation to be submitted to banks, credit unions, peer to peer lenders, and other business entities. The defendant also defrauded individuals out of funds under the guise of investing their money in real estate, when, in fact, he personally spent the money and did not purchase real estate.  Smith also used fraudulent applications to open a credit card and to obtain a Land Rover vehicle. The defendant applied for over $1,000,000 in fraudulent loans. Smith also perpetrated a mortgage fraud scheme, using a straw borrower from Buffalo to obtain fraudulent mortgages for properties in the Atlanta, Georgia area.

A co-defendant, Kelly Atkinson, 32, of Wake Forest, North Carolina, also caused fraudulent loan applications and supporting documentation to be submitted to credit unions and other businesses for the purpose of obtaining loans. The fraudulent loans applied for by Atkinson totaled approximately $460,000. He was convicted and sentenced to 12 months in prison.

Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Kenneth Dykes, 50, of Buffalo, NY, who was convicted of three counts of bank robbery and for violating the terms of supervised release for a 2006 bank robbery conviction, was sentenced to 175 months in prison by U.S. District Richard J. Arcara.

Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant robbed three separate locations of M&T Bank: on January 14, 2015 on Seneca Street in Buffalo; on January 15, 2015 on Lake Avenue in Blasdell, NY; and on January 20, 2015 on Niagara Falls Boulevard in Amherst, NY.  During each robbery, Dykes verbally demanded money from a teller.  On two occasions, the defendant led the teller to believe he had a firearm.

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, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction Chief John Askey and the Village of Blasdell Police Department, under the direction of Officer in Charge Lieutenant Joseph Gramaglia.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Robert Eloff Jr., 41, of Buffalo, NY, pleaded guilty to deprivation of rights under color of law before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 1 year in prison and a $100,000 fine.

“This case is yet another reminder that when individuals take an oath to protect the public, that obligation continues whether on off duty,” said U.S. Attorney Hochul.  “This Office will continue to praise and honor those who uphold their pledge of service, while being vigilant to ensure consequences for those who violate it.”

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

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

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

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

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

Sentencing is scheduled for October 3, 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 Eddie L. Vaughn a/k/a Elbow, 36, of Rochester, who was convicted of arson of a commercial building and possession of a firearm by a convicted felon, was sentenced today to 188 months in prison and 3 years supervised release, by U.S. Chief District Judge Frank P. Geraci, Jr. Vaughn was also ordered to pay $45,548 in restitution for the arson.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that on September 22, 2013, Vaughn threw a Molotov cocktail into the Miami Deli Grocery at 176 Genesee Street in the City of Rochester.  The Molotov cocktail exploded upon impacting the store floor, spreading fire throughout the store.  The interior and exterior of the store was burned and extensively damaged.  The Miami Deli Grocery was a business which routinely purchased and sold goods from suppliers within and outside the state of New York and the United States.  As such, at the time of the arson, the building was used in interstate and foreign commerce, giving rise to the federal arson investigation and prosecution.

Vaughn was arrested on June 26, 2014 in connection with the execution of a search warrant at his residence at 5 Woodrow Street in the City of Rochester.  During the search, a sawed-off .20 gauge shotgun was recovered as well as multiple rounds of .20 gauge shotgun ammunition.  The shotgun was ballistically matched to a spent shotgun round recovered by RPD on June 20, 2014 at the scene of a shooting that night on Woodrow Street.  As part of his plea agreement, Vaughn admitted possessing that firearm and ammunition, which were manufactured outside of New York State, after having been previously convicted of four felonies. Vaughn was ordered to forfeit the seized shotgun and rounds of ammunition as part of his sentence.

The conviction was the culmination of an investigation conducted by the Arson Task Force, which is comprised of Investigators of the Rochester Fire Department under the direction of Fire Chief John Schreiber, Rochester Police Department under the Direction of Michael L. Ciminelli, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of 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 Gregory Ramos, aka Prospect, 24, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Michael Felicetta, who is handling the case, stated that according to the complaint, Ramos is a member of the FEB Gang which has a history of drug trafficking, firearms possession and violent crime.  On May 21, 2016, Buffalo Police received a complaint involving a domestic dispute on Fargo Avenue between a woman and the defendant. An investigation determined that Ramos assaulted the woman, causing abrasions and bruising, and threatened her life. The defendant took a handgun and fled before officers arrived.

On May 23, 2016, Niagara Falls Police Officers spotted Ramos’ car on pine Avenue and attempted to stop the vehicle. As officers approached, the defendant sped away. A chase ensued during which Ramos threw something from his car window. The object, which turned out to be cocaine, struck the windshield of the officers’ car on Hyde Park Avenue.

Further investigation revealed that during that chase, Ramos threw a black bag containing what appeared to be a handgun out the window. The bag struck and shattered the rear window of another driver’s vehicle.            

The chase proceeded onto Grand Island, where a toll collector at the Grand Island Bridge reported a vehicle traveling approximately 100 miles per hour was being pursued by four Niagara Falls Police vehicles. After Ramos lost control of his vehicle on Stony Point Road on Grand Island, the defendant fled into a wooded area. A few minutes later, the Erie County Sheriff’s Department received a call from an individual identifying themselves as Gregory Ramos. The caller claimed his vehicle had been stolen in Niagara Falls by an unknown black male. The defendant was located a short time later and taken into custody. At the time, Ramos was in possession of $3,640 in cash.

The following day, May 24, 2016, a toll collector reported finding a small ziplock bag on the ground behind a toll booth. The bag was found in the same lane the defendant traveled through the night before. Subsequent analysis determined the bag contained cocaine.

The defendant will make an initial appearance this afternoon at 2:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
     
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    
 
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 Zachary Smith, 28, of Elmira, NY, who was convicted of conspiring to deal firearms without a license and possession of stolen firearms, was sentenced to 92 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.     

Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on October 16, 2013 at approximately 3:05 a.m., the owner of “Scott’s Guns” on Watkins Drive in Horseheads, NY received a telephone call from his security alarm company. The owner alerted police and then went to the store. Upon entering the store, the owner realized he had been burglarized. The owner determined that 49 handguns of various makes and models had been stolen.  

As part of their investigation, law enforcement officers reviewed footage from a security camera inside the store which revealed two individuals inside the store during regular business hours the day before, October 15, 2013. Officers recognized the two individuals to be Zachary Smith and Douglas Church. Additional investigation revealed that Smith and Church burglarized the store by having Church climb through a hole in the wall of the building, with Church handing the weapons to Smith. The two men left the guns in backpacks in a swamp behind the building the night of the burglary, with Smith and his girlfriend, Brianna Lowe, retrieving the guns the following day. Investigation also revealed that many of the guns were sold within a week and a half of the burglary in exchange for money.   

 Douglas Church and Brianna Lowe, both of Elmira, have been convicted and sentenced to 51 months and six months respectively.

Today’s sentencing is the result of an investigation on the part of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Office, the Horseheads Police Department, under the direction of Chief William Schrom, The New York State Police, under the direction of Major Craig Hanesworth, the Chemung County Sheriff’s Department, under the direction of Christopher Moss, the Elmira Police Department, under the direction of Chief Joseph Kane, the Elmira Heights Police Department, under the direction of Chief A. Rich Churches, and the West Elmira Police Department, under the direction of Chief Peter Michalko.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Salvatore Letizia, 40, of Buffalo, NY, pleaded guilty to wire fraud and tax evasion before U.S. District Judge Richard J. Arcara. The wire fraud charge carries up to 20 years in prison and the tax evasion charge carries up to five years in prison.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that from 2005 until 2009, Letizia defrauded four individuals out of more than $360,000. The defendant made false representations to entice the victims to invest in fictional business ventures.  Letizia took the invested funds and credit lines and used them for his personal benefit. In addition, the defendant failed to file any tax returns for the tax years 2005 through 2009 declaring the income that resulted from the fraudulent activity. 

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

Sentencing is scheduled for September 29, 2016, at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Morrell Buster, 43, and William Jefferson, 46, both of Buffalo, NY, who were convicted of possession with intent to distribute, and distribution of crack cocaine, were sentenced to 51 months and 37 months in prison respectively by Senior U.S. District William M. Skretny.    

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between June 2013 and February 25, 2014, the defendants purchased and then distributed crack cocaine. On January 17, 2014, Buster was found in possession of three grams of crack cocaine while at the Niagara Outlet Mall in Niagara County, NY.

The sentencings are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Lackawanna Police Department, under the direction of Chief James Michel.

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

Buffalo, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today Jason M. Smith, 35, of Tonawanda, NY, pleaded guilty to production of child pornography before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 60 years in prison, a fine of $250,000, or both.

“This case vividly demonstrates the dangers faced by children in both the real and virtual worlds,” said U.S. Attorney Hochul. “At the same time, let today’s conviction and likely lengthy jail sentence be a warning to sexual predators, whether online or on the street, that this Office will find you and prosecute you to the fullest extent of the law.” 

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

The investigation determined that between 2010 and 2012, Smith coerced Victim 1, who was less than 12 years old, to engage in sexually explicit conduct and produced a visual depiction of the conduct. The defendant was a friend of Victim 1’s father.   

In addition, between July 2011 and September 2013, Smith coerced Victim 2, a 15 year old girl he met on MeetMe.com, to engage in sexual intercourse and took pictures of the conduct.  

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Lancaster Police Department, under the direction of Chief Gerald J. Gill, Jr., and the Cheektowaga Police Department, under the direction of Chief David Zack. 

Sentencing is scheduled for October 19, 2016 at 2:00 p.m. before Judge Skretny.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Yasser Carrillo Chartrand, 24, a citizen of Cuba legally present in the United States, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to conspiracy to commit wire fraud. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.

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

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

Today’s 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, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Steven Nigrelli.
 
Sentencing is scheduled for September 28, 2016 at 12:30 p.m. before Arcara.