Western District of New York

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Hassan El Saddique, 36, of Amherst, NY, pleaded guilty to theft of money in control and possession of a bank before Senior U.S. District Judge William M. Skretny. The misdemeanor charge carries a maximum penalty of one year in prison and a $100,000 fine.    

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

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

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

On June 1, 2016, the defendant’s mother, Debbie Buckley, was convicted of theft of government funds. Buckley served as Supervisor of Title I, Office of Federal and State Programs for the Buffalo School District. Title I is a federally funded program that provides assistance to school districts with high numbers of children from low income families. In March 2010, Buckley was promoted to Assistant Superintendent of Federal and State Programs.
 
Buckley changed the approval process by which a contractor was paid for Title I services provided in non-public schools. She eliminated the need for a signature from an official at the non-public school. Buckley did this so that she could sign the fraudulent invoices submitted by her son authorizing the payment of the invoices. The dates of some of these invoices coincide with the period during which Buckley was promoted to Assistant Superintendent.

Today’s 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 and the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent in Charge Geoff Wood.

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 Robert Storey, 44, of Atlanta, Georgia, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to 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 the defendant defrauded a film production company located in England in an advance fee scheme which resulted in $300,000 dollars in financial losses. Storey represented to the victim film production company that he and a co-conspirator could obtain a standby letter of credit from banks outside the United States. The defendant assured company representatives that he could monetize the stand by letter of credit which would provide the company with millions of dollars in loans.

As part of the scheme, Storey required the company to provide him with $300,000 which would purportedly cover the costs associated with the financial transaction.  The funds were provided but instead of using the money to obtain financing, the defendant and his co-conspirator used the funds for their own purposes.

Storey similarly defrauded two other film production companies. The total loss amount for all three film production companies was $780,000.

Three co-conspirators; Rhett Shepard, Nick Mussolini and Rodney Walker, have been convicted and are awaiting sentencing.

The plea was 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.

Sentencing is scheduled for September 26, 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 Johannes Hiram, 50, of Buffalo, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on March 14, 2014, law enforcement officers searched the defendant’s residence on Linview Terrace in Buffalo. Officers recovered a Compaq Presario desktop computer and a Hewlett Packard mini laptop. A subsequent forensic examination determined that the devices contained approximately 750 image files and 20 videos containing child pornography.  Over 400 of the image files depicted the sexual abuse of children.  Some of the images also depicted victims under the age of 12.

After his arrest in March 2014, Hiram pleaded guilty in Erie County Court on May 28, 2014, to sexual contact with an individual less than 11 years old.  As a result, Hiram is already a registered sex offender.

Hiram’s sentencing in federal court is scheduled for October 2, 2016 at 10:00 a.m. before Judge Vilardo.      

The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and 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 Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sherriff’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 Justin Stevens, 32, of Buffalo, NY, who was convicted of money laundering conspiracy, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between January 2014 and September 30, 2014, the defendant obtained marijuana via commercial shipments from co-conspirator, James Parish, of Carlsbad, California. In turn, Stevens deposited $38,100 in marijuana proceeds into Parish’s bank account in Buffalo. The defendant also provided $10,000 in proceeds from marijuana distribution to co-conspirator Benjamin Golembiewski to be forwarded on to Parish.

Parish was convicted and sentenced to 120 months in prison.

Today’s sentencing is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George W. Gast.

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

ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Anastasios “Taso” Kolokouris, 32, of Avon, NY, who was convicted of violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance, was sentenced to two years probation, 150 hours of community service, and fined $15,000 by Chief U.S. District Judge Frank P. Geraci. The defendant must also pay restitution to the victims in the case.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was one of the owners of a warehouse located at 920 Exchange Street in Rochester. Acting on a complaint, an inspector from the New York State Department of Labor, Asbestos Control Bureau visited the Exchange Street warehouse on December 13, 2011. Upon arrival, the inspector observed people, including a 16 year old child, working in a large dumpster next to a loading dock. The inspector observed large quantities of white fibrous material, later confirmed to be asbestos, in and around the dumpster. He also noted that the people working in the dumpster did not have proper personal protective equipment, and that there was no asbestos warning signs on the dumpster.

The warehouse at 920 Exchange Street sits directly adjacent to residential homes on both the Exchange Street and Violetta Street sides, and there is a school bus stop directly outside its main gate.

When the Asbestos Control Bureau inspector made contact with the workers, they called Kolokouris to tell him about the inspection. However, the defendant told the workers not to speak with the inspector, and instead directed them to leave the area and lock the gate, which they did. While on site, however, the inspector took samples of the white fibrous material from in and around the dumpster. A lab later confirmed these samples to contain high levels of friable asbestos.

Criminal investigators from the United States Environmental Protection Agency (EPA) and the New York Department of Environmental Conservation (DEC) were notified and responded to secure the scene. A federal search warrant was obtained and federal and state agents entered the property wearing full containment suits. When agents entered the warehouse, they discovered over 90 bags of dry, friable asbestos inside the loading dock area. Agents also discovered evidence of unlawful abatement inside the warehouse involving asbestos contamination of more than 150,000 square feet. Agents took multiple samples from in and around the warehouse. These samples were analyzed by a lab, and they all tested positive for high levels of asbestos. Additional evidence located inside the warehouse connected Kolokouris to the illegal asbestos activities.

During the investigation, workers were interviewed and indicated that they knew Kolokouris from other odd jobs he had hired them to perform at other properties he is connected to. They reported that the defendant told them that he would pay cash to remove asbestos from the dumpster outside the warehouse because the container company would not remove the dumpster while it was full of asbestos. None of the workers that Kolokouris used were certified or trained to work with asbestos. They also confirmed that one of the workers was only 16 years old; and that Kolokouris had picked the child and his mother up from home and drove them to Rochester where he paid them to remove asbestos from the dumpster. Kolokouris never provided any of the workers with proper masks, protective suits, or other personal protective equipment. Instead Kolokouris only gave them simple dust masks. 

In 1971, The United States Environmental Protection Agency designated asbestos as a hazardous air pollutant. There is well established scientific data documenting the harmful effects of asbestos. Exposure to asbestos can cause a debilitating lung disease called asbestosis; a rare cancer of the chest and abdominal lining called mesothelioma; and cancers of the lung, esophagus, stomach, colon, and other organs. Congress has found independently that "medical science has not established any minimum level of exposure to asbestos fibers which is considered safe to individuals exposed to fibers.”

Today’s sentencing is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge Vernesa Jones-Allen, Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke, the New York State Department of Labor, Asbestos Control Bureau, under the direction of Eileen Franco, and Officers from the City of Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Douglas Harville, 28, who was convicted of Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy), was sentenced to 210 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Harville participated in the murder of Brandon McDonald and Darinell Young on April 17, 2006 on Pennsylvania Street in Buffalo. The victims were innocent bystanders who were standing in front of a house when the defendant and six other gunmen mistook them as rival 7th Street Gang. During the ensuing shooting, in which several handguns and shotguns were used, Brandon MacDonald was shot in the chest and Darinell Young was shot in the leg.  Four additional victims were also shot and suffered injuries.

Harville, a 10th Street Gang member also possessed firearms, sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.

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

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ronald Dodd, 32, of Rochester, NY, who was convicted of possession with intent to distribute heroin, and possession and brandishing of a firearm in furtherance of a drug trafficking crime, was sentenced to nine years in prison by U.S. District Judge Charles J. Siragusa. The defendant was also ordered to forfeit a .380 caliber pistol and rounds of ammunition.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that shortly after midnight on August 15, 2015, Rochester Police Department Officers responded to a report of gunfire at 431 Lake Avenue in Rochester. Officers spoke to a witness who stated that an unknown black male on a bike had pulled out a handgun from his waist and yelled that this was “his hood” during an argument outside the residence. Shortly afterward, witnesses heard gunshots and the gunman left the area.  Responding officers observed Dodd riding a bike a short distance away and pursued him. The defendant fled but officers apprehended him hiding behind a bush at 17 Phelps Avenue. Dodd had three bags of marijuana, two bags of heroin, and two bags of cocaine in his pants. There was a stolen, Bryco Arms .380 semi-automatic handgun on the ground next to a tree where Dodd was apprehended.

The sentencing is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Delano A. Reid, Special Agent in Charge, New York Field Division and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Bob Odrzywolski, 72, of Lockport, NY, pleaded guilty to being a felon in possession of firearms before U.S. District Judge Elizabeth A. Woldford. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that the defendant, a convicted federal felon, obtained ammunition from a local retailer. Subsequently, a search warrant was executed at Odrzywolski’s Crosby Road residence. During the search, officers recovered seven handguns and approximately 6000 rounds of ammunition. The defendant was previously convicted of a federal crime and could not legally possess firearms.    
 
The plea is the result of an investigation by the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour 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 September 21, 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 federal grand jury has returned a superseding indictment charging Robert Hall, 40, of Buffalo, NY, with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, and attempted possession with intent to distribute 500 grams or more of cocaine. The charges carry mandatory minimum 10 years in prison, a maximum of life, and a $10,000,000 fine. In addition, Clarence Adams, 34, of Buffalo, NY, who was previously charged by complaint in this case, was also indicted on the same two charges.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the previously filed complaint and superseding indictment, on May 13, 2016, law enforcement officers seized three packages containing suspected cocaine that were shipped from Texas to Buffalo. The cocaine was hidden inside air purifiers. Officers seized two of the packages before they were delivered and set up controlled deliveries to addresses on Tyler and Custer Streets in Buffalo.

The three packages contained a total of five kilograms of cocaine. Hall allegedly paid the intended recipients of the packages in crack cocaine.

During a subsequent search of a Mount Vernon Street residence where Adams lived, officers recovered a drug ledger that calculated the amount necessary to purchase 5 kilograms of cocaine from Adams’s bedroom. Also recovered were a digital scale and other drug preparation materials.

Adams and Hall were arraigned before U.S. magistrate Judge Jeremiah J. McCarthy. Adams and Hall are both being held. 

The superseding indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast, and the Cheektowaga Police Department, under the direction of Chief David Zack. 

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 Tony Ivey, 52, of Rochester, NY, was arrested and charged by criminal complaint with threatening to assault or murder a Federal law enforcement officer with the intent to interfere with the officer while performing official duties. The charge carries a maximum penalty of six years in prison and a $250,000 fine.

“Thanks to the quick work of the U.S. Marshal Service, this defendant is now is police custody and unable to carry out any of these alleged threats,” said U.S. Attorney Hochul.

“We take a zero tolerance approach when any individual threatens to commit an act of violence with a gun against a law enforcement officer or any member of our community,” said U.S. Marshal Salina.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, on June 13, 2016, Ivey contacted the U.S. Attorney’s Office in Rochester and complained about the Rochester Housing Authority. During these calls, the defendant became verbally abusive and agitated. 

Ivey contacted the U.S. Attorney’s Office once again on June 14, 2016. During that call, an Assistant U.S. Attorney (AUSA) attempted to advise the defendant that the U.S. Attorney’s Office would not be able to assist Ivey with his complaints but would assist in directing the defendant to other entities. Ivey became agitated and claimed his civil rights were being violated.

As the call continued, the defendant became verbally abusive and stated that he was going to go to the AUSA’s office with an assault weapon and shoot people. Ivey further stated that he was willing to die.

The United States Marshals Service tracked the defendant to a residence on Westland Parkway in Cheektowaga where he was arrested. During his arrest, Ivey told a Deputy Marshal, “you are the type of people that provoke Orlando.” The defendant further stated, “I wish I had a gun, I just don’t have access...but I would if I got them, do that (expletive) I would.”                  

The complaint is the result of an investigation by the United States Marshals Service, under the direction of Marshal Charles Salina and the United States Marshals Service Task Force. 

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

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Shawnta Brown, 40, and Kenya Brown, 41, both of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and 280 grams or more of crack cocaine, and possession of firearms in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, a fine of $10,250,000, or both. 

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

The Brown brothers were arrested March 9, 2012 when officers raided 2294 Clifford Avenue, 138 Strong Street, 29 Aberdeen Street and other locations in Rochester utilized by the defendants in their drug trafficking operation. At these locations, officers seized more than five kilograms of cocaine, a quantity of crack cocaine, firearms with ammunition, paraphernalia for the packaging, processing and weighing of narcotics, and receipts for gold and silver bars. A few days later, officers raided a residence in the Town of Red Creek in  Cayuga County, seizing more firearms, dozens of rounds of ammunition, $303,355 in U.S. currency, and over $23,000 in gold and silver bars and coins. The investigation continued, and resulted in the arrest of Eric Contreras, 29, the California kilogram supplier on May 15, 2012 in Whittier, California. Contreras was convicted and sentenced to 188 months in prison.  

Today’s convictions are the culmination of an investigation on the part of the Rochester Police Department, under the direction of Chief Michael Ciminelli and Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, with assistance provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, and the United States Marshal Service under the direction of United States Marshal Charles Salina.

Sentencing is scheduled for August 15, 2016 at 2:00 pm 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 Philip Brown, 24 of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to RICO conspiracy. Keys faces a mandatory minimum penalty of 20 years in prison and a $250,000 fine.
 
“Today’s conviction brings to an end a violent chapter on Buffalo's East Side, perpetrated by the gang formerly called LRGP,” said U.S. Attorney Hochul. “Thanks to this prosecution, numerous murderers- including a woman who lured a victim to his death - have been brought to justice, and multiple acts of violence solved. Most importantly, justice for the victims and residents alike have been served. And as is the case with federal RICO prosecutions brought by this Office, the gang no longer exists.”  
 
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who are handling the case, stated that between 2009 and January 23, 2012, Brown was an associate of the LRGP gang which operates primarily in the area of Lombard, Rother, Gibson and Playter Streets in the City of Buffalo. It is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.
 
In April 2011, the defendant and others, while at 318 Sobieski Street in Buffalo, agreed that a member of the Cold Springs Gang, a rival criminal organization, should be murdered in retaliation for the killing Alonzo Scott, in March 2011. Scott was the brother of LRGP leader Dewayne Gray. The individuals settled upon killing Amir Chambers, whom they believed to be associated with the Cold Springs Gang, and who had an ongoing social relationship with Alexis Mills.
 
After a failed attempt by Mills to poison Amir Chambers, it was agreed that co-defendant Fred Keys would kill Chambers by shooting him. Mills was to use her relationship with Chambers to get the victim to open his residence door. On April 20, 2011, Keys, Mills, Timothy Finch and the defendant went to a residence at 111 Mills Street in Buffalo where they dropped off Fred Keys and Alexis Mills. Chambers opened the residence door upon seeing Alexis Mills at which time Keys killed Chambers by shooting him in the head. Mills, for her part, kicked the victim in the head following the shooting to ensure that Chambers was in fact deceased. Keys later called 911 to report that there was a “body” at 111 Mills Street.
 
Philip Brown is the final defendant out of 17 individuals to be convicted in this case.
 
The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Office and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
 
Brown will be sentenced on September 22, 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 Juvenal Lima Bettencourt de Quadros, 50, of Oakville, Ontario, Canada, pleaded guilty to being an alien found in the United States after removal subsequent to a conviction for an aggravated felony, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Mary Catherine.Baumgarten, who is handling the case, stated that de Quadros is a native of Portugal and a citizen of Canada. On October 20, 1997, the defendant was convicted of federal cocaine charges in Massachusetts and sentenced to 60 months in prison. The crimes were designated as an aggravated felony under the Immigration and Nationality Act. On August 6, 2001, de Quadros was ordered removed from the United States and was officially removed on May 28, 2002.

On March 19, 2016, the defendant attempted to enter the United States at the Peace Bridge Port of Entry. Fingerprints determined that de Quadros was previously convicted of federal crimes and was not authorized to legally enter the United States. The defendant did not obtain the consent of the Attorney General of the United States or her successor, the Secretary for Homeland Security, to reapply for admission to the United States.

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

Sentencing is scheduled for September 21, 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 Keith Goss, 47, of Buffalo, NY, who was convicted of attempted possession with intent to distribute 100 kilograms or more of marijuana, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Thomas S. Duszkiewicz, who handled the case, stated that on June 12, 2013, the defendant attempted to take possession of a crate which was to be delivered to an address on Fillmore Avenue in Buffalo after being shipped from Tucson, Arizona. The crate contained 315 pounds of marijuana valued in excess of $250,000. Law enforcement officers intercepted the crate of marijuana before it was delivered to the Fillmore Avenue address where the defendant was awaiting its arrival with his two sons. Goss had asked his sons, who were not aware of its contents, to pick up the package. 

       
The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division and the Tonawanda Police Department, under the direction of Jerome C. Uschold III, with the assistance of the DEA Office in Nogales, Arizona.

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

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Jorge Rivera, 27, and Luis Rosario, 39, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiring and attempting to possess with intent to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000 fine. 

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the complaint, on June 8, 2016, the United States Postal Inspection Service executed a search warrant for a parcel sent from Puerto Rico and addressed to Jorge Rivera at 465 Woodlawn Avenue in Buffalo. Law enforcement officers discovered a package containing a white powdery substance that field tested positive for cocaine.  Later that same day, an undercover law enforcement officer delivered the package to the listed address, which contained sham cocaine. Rivera signed for the package.  Subsequently, Rosario arrived at the residence and law enforcement officers executed a search warrant at the residence. Rivera and Rosario fled to the lower apartment of the building and threw the package out a window which was recovered by the officers.  The officers then arrested Rivera and Rosario.  

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer. Rivera was released on conditions; a detention hearing for Rosario is scheduled for June 13, 2016 at 2:00 p.m.      

The criminal complaint is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the United States Postal 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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that five defendants are under arrest and charged by criminal complaint with operating a credit card fraud scheme. Under arrest are:

• Kyle Bertrand
• Paul Kozlyuk
• Richard Lipke
• Michael Gerone
• Herbert Street

The defendants are charged with conspiracy to commit wire fraud, aggravated identity theft, and trafficking in unauthorized access devices. The charges carry a mandatory minimum penalty of two years in prison, a maximum of 20 years, and a $250,000 fine.  

“This case serves as a reminder that consumers should never provide credit card information to anyone but known, trusted companies and persons,” said U.S. Attorney Hochul. “In addition, legitimate companies will seldom if ever threaten to terminate a service unless credit card or other financial information is provided immediately over the telephone.”

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, between January 2015 and July 2015, the defendants made fraudulent and unauthorized credit card purchases over the phone at various stores in the Rochester area. The purchases were made at stores such as All County Lawn, Tractor, and Trailer, Home Depot, Victor Power Equipment, Charlotte Appliance, Admar Construction Equipment, Brodner Equipment, Del Monte Spa, Wehner Mower, Inc. Bentley Brothers Tractor Equipment Supplier, GBG Inc., Little Power Shop, Diesel Power Products, and Best Tile. 

The defendants randomly called people on the phone and stated that their cell phone or cable would be shut off unless they provided credit card information over the phone to settle delinquent bills. The defendants then used the stolen credit card information to make the purchases.

Items purchased by the defendants using the stolen credit cards included snow plows, gas generators, saws, freezers, electric ranges, dishwashers, microwaves, washers and dryers, gift cards, jet skis, and furnaces. Further investigation determined that some of the items were listed for sale on Craigslist.

A search warrant was executed at the residence of Michael Gerone and law enforcement officers recovered some of the items includinf a refrigerator, dishwasher and furnace. Richard Lipke was also found in possession of some of the items. 

Hochul further stated, “Consumers should know common sense safety measures which can be taken. Upon receiving a call that a bill is allegedly owed, obtain the telephone number and name of the caller. Next, look up or research for yourself whether you owe the bill, and further, the customer service information for that creditor.  Never be rushed, and threats to terminate service are often red flags for a fraudulent scheme.  These and other tips can be found at the StopFraud.gov.”
 
The complaint 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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Judi Strong, 43, of Amherst, NY, pleaded guilty to conspiracy to import Alpha-PVP, a Schedule I controlled substance, before U.S. District Court Judge Lawrence J. Vilardo.  The charge carries a maximum sentence of 20 years in prison, a fine of $1,000,000, or both.  
 
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that in July 2015, Strong conspired with a co-defendant to import Alpha-PVP into the United States from China. The defendant ordered the substance on-line and had it shipped in two FedEx Express Mail packages to her residence in Amherst. Federal law enforcement officers intercepted the packages and performed a controlled delivery to Strong at her residence where she accepted delivery of the two packages. The two packages contained approximately 178 grams of Alpha-PVP. 
 
The plea is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
 
Sentencing is scheduled for September 16, 2016 at 12:30 p.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 Matthew Jaskula, 26, of Buffalo, NY, was charged by criminal complaint with deprivation of rights under color of law. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

“As our Office has demonstrated in the past, we will not tolerate the alleged abuse of any individual in custody,” said U.S. Attorney Hochul. “I commend the Buffalo Police Department for once again immediately bringing this incident to our attention.”

Assistant U.S. Attorney Joseph M. Guerra, who is handling the case, stated that Jaskula has been working as a Cell Block Attendant with the Buffalo Police Department since 2013. On May 19, 2016, the defendant was promoted to the position of Senior Cell Block Attendant.

According to the complaint, on that same day, 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 his face on 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 – once again, 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 make an initial appearance on June 10, 2016 at 9:00 a.m. before U.S. Magistrate Judge Michael J. Roemer.

The complaint 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 Timothy C. Fitzpatrick, 40, of Rochester, NY, who was convicted of possession of heroin with intent to distribute and possession of a firearm and ammunition while being a previously convicted felon, was sentenced to 151 months in prison by U.S. District Elizabeth A. Wolford.  

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on April 23, 2015, law enforcement officers from the Greater Rochester Area Narcotics Enforcement Team executed a search warrant at 127 Evergreen Street, Apartment #2, in the Rochester. Upon entry, officers detained Fitzpatrick inside of the location and searched it. They seized a loaded Raven Arms .25 caliber semi-automatic pistol, along with heroin and cocaine packaged for sale. Officers also seized drug paraphernalia.  Fitzpatrick also had United States currency in his front pants pocket.

The investigation revealed that Fitzpatrick had previously been convicted of Criminal Possession of a Controlled Substance in the Third Degree in 2005, Criminal Sale of a Controlled Substance in the Fifth Degree, in 200, and Attempted Criminal Sale of a Controlled Substance in the Third Degree in 1999. As a result, the defendant is unable to lawfully possess a firearm.   

The sentencing is the culmination of an investigation on the part 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 Special Agent in Charge Delano A. Reid, New York Field Office and the Monroe County Sheriff’s Office, under the direction of Monroe County Sheriff Patrick O’Flynn.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jared Brown, 19, of Niagara County, NY, pleaded guilty to threatening the President of the United States. The charge carries a maximum penalty of 5 years in prison. 

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

The plea is the result of an investigation by the United States Secret Service, under the direction of Assistant Special Agent in Charge Thomas Braun.

Sentencing is scheduled for September 15, 2016 at 12:30 p.m.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Eduardo Galan, 65, of Brockport, NY, who was convicted of mail fraud and money laundering, was sentenced to three years in prison by U.S. District Judge Frank P. Geraci. The defendant was also ordered to pay $1,100,000 in restitution to the victims of the fraud.
 
Assistant U.S. Attorney John J. Field, who handled the case, stated that Galan owned and controlled a financial services business, S&G Unlimited Services, in Brockport. The defendant was a registered securities broker until October 2008, at which time he was barred from the industry. From January 2008 to March 2013, Galan engaged in a Ponzi scheme. The defendant promised investors that he would use their money to broker private mortgage transactions, but instead used it to repay earlier investors and cover personal and business expenses.

In total, Galan defrauded 18 investors out of $821,912 before the fraud was discovered. Further investigation disclosed that Galan owed other clients money as well, for a total of $1,098,567.26.
 
The 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, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge 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 Juana M. Diaz, of Bronx, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute a kilogram or more of heroin, was sentenced by U.S. District Judge Richard J. Arcara to three years in prison.
 
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Brendan T. Cullinane, who handled the case, stated that on February 6, 2013, the defendant delivered six kilograms of heroin from co-defendant Edison Lantiquato a confidential source working with the Drug Enforcement Administration (DEA). Diaz was given what she believed to be $376,000 in United States currency to return to Lantiqua in the Bronx. While en route to the Bronx, the New York State Police pulled over the defendant and the alleged proceeds were seized.
 
Edison Lantiqua was convicted and sentenced to 70 months in prison.
 
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in James J. Hunt, New York Field Division.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Caitlin Connelly, 31, of Buffalo, NY, who was convicted of conspiring to engage in a commercial sex business, was sentenced to time served and one year supervised release by U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that Connelly conspired with Kenneth White to entice women into traveling to other states to engage in commercial sex acts between 2006 through 2012. White, who was convicted of sex trafficking and sentenced 13 years in prison, received all of the money earned by the women in this manner.   

The sentencing is the result 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, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field 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 Carter Watts, Jr., Buffalo, NY, who was convicted of unlawfully receiving supplemental security income benefits, was sentenced to 12 months in prison by U.S. District Court Judge Richard J. Arcara.  The defendant was also ordered to pay $15,456 in restitution.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that between October 1, 2013 and June 1, 2015, the defendant received Supplemental Social Security Income benefits on behalf of his disabled daughter, when in fact, the child was not living with him.  Watts received a total of $15,456 to which he was not entitled.

The sentencing is the result of an investigation by the Office of the Inspector General of the Social Security Administration, under the direction of Special Agent in Charge Edward J. Ryan.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jeffrey C. Leathersich, 50, of Lima, NY, pleaded guilty to two counts of dispensing a controlled substance outside the scope of professional practice before U.S. District Judge Elizabeth A. Wolford. Each count carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

“By abusing his medical licensing privilege, this defendant became nothing less than a drug dealer in a medical lab coat,” said U.S. Attorney Hochul.  “Given the extreme number of fatalities associated with heroin and opioid overdoses in our area, the public should be assured that we will continue to pursue and prosecute all who would engage in the illegal distribution of these substances, regardless of title or position.”

Assistant U.S. Attorney Frank H. Sherman, who is handling the case, stated that between October 2013 and March 2016, the defendant was a Registered Physician Assistant practicing at New Genesis Center for Medical Weight Loss and Cosmetic Medicine at 3300 Monroe Avenue in Rochester, NY. Leathersich was licensed under New York State law and had a Drug Enforcement Administration Certificate of Registration authorizing him to prescribe Schedule II controlled substances. The defendant has been licensed as a Physician Assistant since 1995, been practicing cosmetic medicine since 2004, and, in 2010, also began practicing bariatric medicine.

Between October 2013 and December 2015, Leathersich maintained a social relationship with an individual identified as Patient A. During that time period, the defendant provided Patient A with 16 prescriptions for oxycodone, totaling approximately 30 grams, outside the scope of his professional practice and not for a legitimate medical purpose.

Between July 2015 and March 2016, Leathersich maintained a social relationship with an individual identified as Patient B. During that time period, the defendant provided Patient B with nine prescriptions for oxycodone, totaling approximately 26 grams, outside the scope of his professional practice and not for a legitimate medical purpose.

Oxycodone is an opioid pain medication. As a narcotic with a high potential for abuse that may lead to severe psychological or physical dependence, oxycodone is listed by the Attorney General as a Schedule II controlled substance.

As a result of this investigation, Leathersich signed a Voluntary Surrender of Controlled Substances Privileges form on May 9, 2016, with the Drug Enforcement Administration and is no longer authorized to prescribe controlled substances.

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

Sentencing is scheduled for September 22, 2016, at 2:00 p.m. before Judge Wolford.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Fred Keys 53 of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to RICO conspiracy and also pleaded guilty to conspiracy to possess with intent to distribute and distribute 28 grams or more of crack cocaine.  Keys faces a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,250,000 in fines.

Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who are handling the case, stated that between 2009 and January 23, 2012, Keys was an associate of the LRGP gang which operates primarily in the area of Lombard, Rother, Gibson and Playter Streets in the City of Buffalo. It is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.

In April 2011, the defendant and others, while at 318 Sobieski Street in Buffalo, agreed that a member of the Cold Springs Gang, a rival criminal organization, should be murdered in retaliation for the killing Alonzo Scott, in March 2011. Scott was the brother of LRGP leader Dewayne Gray. The individuals settled upon killing Amir Chambers, whom they believed to be associated with the Cold Springs Gang, and who had an ongoing social relationship with Alexis Mills.

After a failed attempt by Mills to poison Amir Chambers, it was agreed that Keys would kill Chambers by shooting him.  Mills was to use her relationship with Chambers to get the victim to open his residence door.  On April 20, 2011, Keys, Mills, Timothy Finch and Philip Brown went to a residence at 111 Mills Street in Buffalo where they dropped off Fred Keys and Alexis Mills. Chambers opened the residence door upon seeing Alexis Mills at which time Keys today admitted that he killed Chambers by shooting him in the head. Mills, for her part, kicked the victim in the head following the shooting to ensure that Chambers was in fact deceased.  Keys later called 911 to report that there was a “body” at 111 Mills Street.

Alexis Mills, Dewayne Gray, Timothy Finch and 13 other LRGP members were convicted previously and are awaiting sentencing. Philip Brown is scheduled to go to trial on June 14, 2016. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Fred Keys will be sentenced on September 8, 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 Martin Rhys-Jones, 52, a citizen of the United Kingdom, who was extradited from Spain, pleaded guilty to laundering money derived in a wire fraud conspiracy before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

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

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

Sentencing is scheduled for August 24, 2016 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 Timothy Finch, 27, and John Hayward, also known as “Frizz,”33, both of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to RICO conspiracy. In addition, Hayward also pleaded guilty to conspiracy to possess with intent to distribute and distribute 280 grams or more of crack cocaine. Finch faces up to 20 years in prison and a $250,000 fine. Hayward faces a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine. 

Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who are handling the case, stated that between 2009 and January 23, 2012, Finch and Hayward were members of the LRGP gang which operates primarily in the area of Lombard, Rother, Gibson and Playter Streets in the City of Buffalo. It is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.

In April 2011, the defendants and others, while at 318 Sobieski Street in Buffalo, agreed that a member of the Cold Springs Gang, a rival criminal organization, should be murdered in retaliation for the killing Alonzo Scott, in March 2011. Scott was the brother of LRGP leader Dewayne Gray. The individuals settled upon killing Amir Chambers, whom they believed to be associated with the Cold Springs Gang, and who had an ongoing social relationship with Alexis Mills.

After a failed attempt by Mills to poison Amir Chambers, it was agreed that Chambers would be killed by shooting him.  Mills was to use her relationship with Chambers to get the victim to open his residence door.  On April 20, 2011, Finch and others went to a residence at 111 Mills Street in Buffalo where they dropped off co-defendants Fred Keys and Alexis Mills. Chambers opened the residence door upon seeing Alexis Mills at which time Keys allegedly killed Chambers by shooting him in the head. Mills, for her part, kicked the victim in the head following the shooting to ensure that Chambers was in fact deceased. 

John Hayward was convicted of distributing crack cocaine in the Buffalo area. 

Alexis Mills was convicted previously and is awaiting sentencing. Fred Keys is scheduled to go to trial on June 14, 2016 along with do-defendant Philip Brown. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

Timothy Finch will be sentenced on September 15, 2016 at 1:00 p.m.; John Hayward will be sentenced on September 19, 2016 at 12:30 p.m., both 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 Debbie Buckley, 56, of Niagara Falls, NY, pleaded guilty to theft of government funds. The charge carries a maximum penalty of 10 years and a $250,000 fine.  

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

Subsequently, a fraudulent contract was prepared assigning an individual identified as Hassan El Saddique to provide Title I assistance at the Universal School. El Saddique, who is Buckley’s son, never provided such assistance to the Universal School, instead El Saddique worked on a volunteer basis a few hours a week at Bishop Timon High School in Buffalo. Never the less, he submitted weekly invoices based on the fraudulent contract for full time payment to the Buffalo School District for the period of September 8, 2009 through June 30, 2010. Some of these invoices included payment for days school was not even in session. 
 
Buckley changed the approval process by which a contractor was paid for Title I services provided in non-public schools. The defendant eliminated the need for a signature from an official at the non-public school. Buckley did this so that she could sign the fraudulent invoices submitted by her son authorizing the payment of the invoices. The dates of some of these invoices coincide with the period during which Buckley was promoted to Assistant Superintendent.
 
El Saddique received 18 paychecks from the Buffalo School District totaling $15,120. Of those paychecks, 13 were deposited into two union accounts controlled by Buckley for a total of $10,320 and another check was cashed using one of those accounts.
 
In February 2015, Hassan El Saddique was indicted by a federal grand jury, also on a charge of theft of government funds. The charge is still pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the U.S. Department of Education, Office of Inspector General, under the direction of Assistant Special Agent in Charge Geoff Wood.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sherrod Ogletree, 20, of Buffalo, NY, pleaded guilty to cyberstalking and production of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years and a $250,000 fine. 

“This is yet another case highlighting the dangers facing our children on the internet,” said U.S. Attorney Hochul. “While we will continue to prosecute those who would prey upon our most vulnerable citizens, education and parental involvement are the best defense against on-line predators. In particular, parents and adults should know how to all computer and technology-related activities of their children.”   

"The sexual exploitation of a child is among the most deplorable crimes our HSI special agents investigate, which is why we are committed to bringing traffickers to justice and getting survivors the help they need," said James C. Spero, Special Agent in Charge of HSI Buffalo. "This investigation and today’s guilty plea are the result of the great partnership HSI has with the Erie County Sheriff’s Office and the Buffalo Police Department, who both share our resolve to ending trafficking in our region.”

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that on August 5, 2015, the defendant began communicating with a 15-year-old female via Facebook. During the communications, Ogletree directed and coerced the minor to send him nude pictures, including pictures of her genitalia, over the internet. 

In addition, between August 5, 2016 and August 20, 2016, the defendant was in contact with another 15 year old female, again using Facebook. Ogletree engaged in conversations with the victim and concealed his true identity from her by using a fake identity and using an account in the name of “Mrss Guwop.” During these conversations, the defendant sought to entice the victim to work as a prostitute. When the child told Ogletree that she did not want to work as a prostitute, the defendant harassed and threatened the victim.  One of the threats stated that if the child refused to do as Ogletree commanded, he would post screenshots of the prior conversations where the defendant and victim discussed prostitution. Ogletree also threatened to “tag” all of her family and friends so that they would see the conversations. This cyberstalking caused the victim to suffer substantial emotional distress.

The plea is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.    

Sentencing is scheduled for September 16, 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 Heather Brooks, 33, of Medina, NY, who was convicted of theft of public money, was sentenced to two years probation by U.S. Magistrate Judge Jeremiah J. McCarthy.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that between June 1, 2010 and May 1, 2013, the defendant willfully stole Social Security Income benefits from the United States Social Security Administration by purposely under reporting income she received from two separate employers. Brooks was asked to recertify her income on two occasions, and on both occasions, she purposely under reported. In total, the defendant received $19,317.87 that she was not entitled to receive.  In addition to her period of probation, the defendant was ordered to pay restitution totaling $19,317 to the Social Security Administration.

The sentencing is the result of an investigation by the Social Security Administration, Office of Inspector General, under the direction of Edward J. Ryan.

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 C. Farrell, 33, of Niagara Falls, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 kilograms or more of marijuana, was sentenced to 21 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Edward H. White, who handled the case, stated that between 2002 through 2010, the defendant conspired with others by purchasing half pound and one pound quantities of marijuana from him. Farrell then redistributed the marijuana in smaller quantities to a number of individuals in Niagara County.

 The sentencing is the culmination of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero; the Drug Enforcement Administration,  under the direction of Special Agent in Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Steven Nigrelli; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Niagara County Sheriff's Department, under the direction of Sheriff James Voutour; the United States Border Patrol, under the direction of Chief Patrol Agent Brian Hastings; Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, under the direction of Edward T. Bradley, Special Agent in Charge, Northeast Field Office; Toronto Police Services, under the direction of Chief Mark Saunders; Niagara Regional Police, under the direction of Chief Jeffrey McGuire; Peel Regional Police, under the direction of Chief Jennifer Evans; Ontario Provincial Police, under the direction of Commissioner Vince Hawkes; and the Canada Border Service Agency.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Nelson Pacheco, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a fine of $5,000,000.

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

Dennis Berard was convicted and sentenced. 

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

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

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Donna Boon, 50, of Oakfield, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, methamphetamine, was sentenced to three years probation which includes 12 months home detention by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that between 2002 through July 9, 2010, the defendant’s husband, James Henry McAuley, Jr. – at the time a member and Vice President of the Rochester Hell’s Angels – was the leader of a methamphetamine trafficking network. 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 they then transported or shipped from California to the Rochester area where another member of the conspiracy would sell it to their customers. 

Boon distributed quantities of methamphetamine to others, including an individual in Genesee County, who further distributed the drugs to customers in the Genesee County area. Boon admitted to trafficking up to 30 grams of methamphetamine.   
 
McAuley was convicted and is scheduled to be sentenced on July 12, 2016. He faces up to 327 months in prison.

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.  In addition to Boon and McAuley,  Richard W. Mar, Jeffrey A. Tyler, Richard E. Riedman, Gordon Montgomery and Paul Griffin, have been convicted for their roles in the methamphetamine conspiracy.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam Cohen, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, the City of Batavia Police Department, under the direction of Chief Sean Shawn Heubusch, and the Village of LeRoy Police Department.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tiffany Hogan, a.k.a. Michael Hogan, of Rochester, NY, who was convicted of robbing the Chase Bank at 2900 Dewey Avenue in Rochester, was sentenced to eight years in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Charles E. Moynihan, who handled the case, stated that on May 22, 2015, Hogan entered the Chase Bank just after it opened and passed the bank teller a note demanding money. The note also indicated that nobody would be hurt if the teller complied. The teller provided Hogan with a specific amount of United States currency. 

The defendant left the bank and entered a white minivan in which co-defendant Maximilion Broadnax was waiting and the two drove away. Hogan and Broadnax were arrested later that day at 17 Second Street in Rochester by Rochester Police officers 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. 

Charges are pending against Maximilion Broadnax. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencing is the 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, 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
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Robert W. Moran, Jr. aka Bugsy, 64, of Rochester, NY, who was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity, was sentenced to 18 months in prison by U.S. District Judge Charles J. Siragusa.  Moran was also prohibited by Judge Siragusa from being a member of the Hell’s Angels for a year after his release from prison.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that on May 31, 2006, Moran – a member and officer of the Rochester Hell’s Angels – assaulted a patron at Spenders Bar, at 1600 Lyell Avenue in Rochester, with a baseball bat. The defendant beat the patron in the head and body with the bat after the patron made disparaging remarks about motorcycle clubs, including the Hell’s Angels. At the time of the assault, Moran was a member of the Rochester Hell’s Angels, which was an enterprise the members of which were engaged in racketeering activity, including drug trafficking and conspiracy to commit murder. The defendant committed the assault in order to maintain his position in the Rochester Hell’s Angels.
        
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 – Richard W. Mar, James H. McAuley, Jr., Donna Boon, Jeffrey A. Tyler, Richard E. Riedman, and Paul Griffin, have been convicted for their roles in the methamphetamine conspiracy.
In addition, Gina Tata was convicted of  being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid of racketeering activity.  Another defendant, Timothy M. Stone, was convicted of being an accessory after the fact to the assault.

Today’s sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam Cohen, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, the City of Batavia Police Department, under the direction of Chief Sean Shawn Heubusch, and the Village of LeRoy Police Department.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Andrew Thompson, 34, of Westfield, NY, pleaded guilty to violation of the Clean Water Act before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum penalty of one year in prison, and a fine up to $25,000 per day of violation.

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

The following day on June 13, 2014, as workers were attempting to fix the pump station, the defendant directed them to discharge the untreated sewage pumped out of the pump station into Chautauqua Creek. Thompson did not have a permit issued under the Clean Water Act for the discharge of untreated sewage, a pollutant, into the creek and acted negligently in allowing the untreated sewage to be discharged in such a manner.

The plea is the result of an investigation by agents of the Environmental Protection Agency, under the direction of Vernesa Jones-Allen, Special Agent-In-Charge and the New York State Department of Environmental Conservation under the direction of Captain Frank Lauricella. 

Sentencing is scheduled for August 16, 2016, before U.S. Magistrate Judge Jeremiah J. McCarthy.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Andrew Thompson, 34, of Westfield, NY, pleaded guilty to violation of the Clean Water Act before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum penalty of one year in prison, and a fine up to $25,000 per day of violation.

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

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

Sentencing is scheduled for August 16, 2016, before U.S. Magistrate Judge Jeremiah J. McCarthy.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Lorenzo Snow, 43, of Rochester, NY, pleaded guilty to conspiracy to distribute crack cocaine before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

Evans previously pleaded guilty to the same offense for her role in the conspiracy and was sentenced in December 2013 to time-served. 

The plea is the result of an investigation by the Niagara County Drug Trask Force, under the direction of Niagara County Sheriff James Voutour, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Joseph S. Heleniak, 71, of West Seneca, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.

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

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

Sentencing is scheduled for August 19, 2016 before Judge Vilardo.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today Jonathan Conklin, 45, who was convicted of carjacking, was sentenced to 25 years in prison by Senior U.S. District Judge William M. Skretny. The sentence will be served consecutive to a 25 years to life sentence Conklin received in Chautauqua County Court for murder.
 
In addition, Judge Skretny sentenced co-defendant Charles Sanford, 32, to 15 years for unlawful possession of a firearm and conspiracy to transport a stolen vehicle in interstate commerce.
 
“The victim in this case, Mary Whitaker, represented the best of our community,” said U.S. Attorney Hochul. “While the defendants' cowardly actions may have taken her life, they will never extinguish her generous and caring spirit which continues to live on in all who knew her.” 
 
Assistant U.S. Attorney Timothy C. Lynch, who handling the case, stated that Conklin and Sanford robbed Mary Whitaker inside her Sherman, NY home on August 20, 2014. The two men approached the victim’s home and Sanford rang the doorbell. Soon after Whitaker answered the door, Conklin shot and killed her. Conklin and Sanford then stole her vehicle and drove it to Erie, Pennsylvania where they were arrested on August 22, 2014.
 
U.S. Attorney Hochul further stated “Today's sentence all but guarantees that these defendants will never be in position to injure another person.”
 
        The sentencings are the culmination of an investigation on the part of the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Chautauqua County District Attorney’s Office, under the direction of Acting District Attorney Patrick Swanson, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the City of Erie (Pennsylvania) Police Department, under the direction of Chief Randy M. Bowers.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alvin Torres, Jr. 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. In addition, Rafael Burgos, Jr. pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine which is punishable by a mandatory minimum 10 years in prison, a maximum of life and a $10,000,000 fine.

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

Burgos and Torres were arrested in June of 2015 along with Samuel Hernandez III, Javier Pagan, Jr., David Jesus Pagan, and Angel Pierluissi. 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. 

Hernandez and Javier Pagan, Jr. have been convicted and are awaiting sentencing. Charges are pending against 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 pleas are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Dunkirk Police Department, under the direction of Chief David C. Ortolano, the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb, and the Chautauqua County District Attorney’s Office, under the direction of Patrick Swanson.

Torres will be sentenced on September 7, 2016 at 10:30 a.m. before Judge Wolford. Sentencing of Burgos 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 Ferdinand E. Krizan, 78, of Franklinville, NY, who was convicted of trafficking in prohibited wildlife, was fined $30,000 by Chief U.S. District Judge Frank P. Geraci.
 
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on November 6, 2013, Krizan, owner of Fred’s Antiques in Franklinville, purchased two elephant tusks from an auction house in Montreal, Quebec for $4,320 Canadian dollars. The defendant then had the tusks shipped to an address in Niagara Falls, Ontario.
 
On November 28, 2013, Krizan transported the tusks from Niagara Falls, Ontario into the United States through the Rainbow Bridge port of entry, violating the Endangered Species Act.  Subsequently, on May 31, 2014, the defendant sold the tusks, along with four additional tusks to a buyer in Massachusetts for $50,000 American dollars. At the time of that sale, Krizan knew that the two elephant tusks had been improperly transported into the United States. At no time did the defendant apply for or receive a permit under the Endangered Species Act authorizing the importation, delivery, receipt, transportation, or sale of elephant ivory.
 
The investigation also determined that the defendant also illegally trafficked in other protected wildlife including:   • a Narwhal tusk, which he sold for $8,000 American dollars in violation of the Marine Mammal Protection Act; • two elephant tusks, which he sold for $66,000 American dollars; • a carved elephant ivory art object, which he purchased for $1,020 Canadian dollars; • one elephant tusk, which he purchased for $3,130.68 Canadian dollars; • one hippo ivory carving, which he sold for $1,400 American dollars; • one elephant ivory musician carving, which he sold for $2,525 American dollars; • one bronze and elephant ivory sosoon figurine, which he sold for $3,700 American dollars; • one elephant ivory trip-tix, which he sold for $2,700 Canadian dollars; and
• one carved coral figurine, which he sold for $3,400 American dollars.
 
The total value of the wildlife trafficked by the defendant is $141,877.00. As part of the plea, the defendant will also abandon approximately 100 pieces of elephant ivory carvings. 
 
The sentencing is the culmination of an investigation by the U.S. Fish and Wildlife Service, under the direction of Honora Gordon, Special Agent in Charge, Northeast Region, and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jennifer Serrano, 26, of Tonawanda, NY, pleaded guilty to obstruction of the mail before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum penalty of six months in prison and a $5,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated that the defendant, at the time a United States Postal Service mail carrier, failed to deliver more than 700 pieces of mail between March 2013 and February 2014. Serrano brought the undelivered mail to her residence and stored it there instead of delivering it. The defendant has since resigned from the Postal Service.

The plea is the result of an investigation by 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.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Paul Keener, a/k/a Aaron Silverman, a/k/a Paul Robison, a/k/a Scott Walker, 47, of Cheektowaga, NY, pleaded guilty to aggravated identity theft before Chief U.S. District Judge Frank P. Geraci. The charge carries a mandatory penalty of two years in prison.

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

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

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

Sentencing is scheduled for August 18, 2016 at 11:00 a.m. before Judge Geraci.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Dana Washington, 36, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine, was sentenced to 77 months in prison by U.S District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that in January 2013, the defendant sold a half ounce of crack cocaine to a confidential source (CS) working with the Drug Enforcement Administration near Kensington and Fillmore Avenues in Buffalo. Washington sold a second quantity of cocaine to the CS in February of 2013 at William Street and Michigan Avenue in Buffalo.
   
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr., announced today that Alexander Snow, 34, of Buffalo, NY, who was convicted of distribution of fentanyl, was sentenced to 27 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Caleb J. Petzoldt, who handled the case, stated that between December 2014 and January 2015, the defendant distributed fentanyl in the city of Buffalo which included six undercover controlled purchases by the Drug Enforcement Administration.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Porfirio Rosa, a/k/a Luis Rosa, 74, of Buffalo, NY, pleaded guilty to making false statements in application for a passport before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

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

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

Sentencing is scheduled for August 18, 2016 at 11:30 a.m. before Judge Geraci.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Andre Wise, 37, of Buffalo, NY, who was convicted of conspiracy to distribute marijuana, was sentenced to time served (six months) by U.S. District Judge Richard J. Arcara. In addition, Eric Sears, 49, also of Buffalo, who was convicted of conspiracy to distribute cocaine, was sentenced to 15 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June 2013 and July 2014, Wise conspired with other Schuele Boys associates and gang members to distribute marijuana in the City of Buffalo. During that same time period, Sears conspired with other Schuele Boys associates and gang members including Michael Robertson to distribute cocaine in Buffalo.

The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine and marijuana.

Wise and Sears are two of 28 Schuele Boys Gang members, associates and other individuals arrested in this case. To date, 17 of the defendants have been convicted.

Today’s sentencings are the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of the Amherst Police Department, the Buffalo Police Department the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Erie County Sheriff’s Department, the Hamburg Police Department, the Niagara Frontier Transportation Authority Police, the New York State Police, the Town of Tonawanda Police Department, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.  

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Vincent Sawicki, 64, of Buffalo, NY, who was convicted of distribution of oxymorphone, was sentenced to three years probation with six months of home detention by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on April 11, 2011, the defendant sold 40 Opana tablets to an undercover officer at 2175 South Park Avenue in Buffalo. On one occasion the previous month, the defendant sold 70 oxycodone tablets to an individual at the defendant’s residence.

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