Western District of New York

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Shawn Smith, 28, Odell Edwards, 31, Sebastian Ferrell, 32, and Courtney Campbell-Cooper, 27, all of Rochester, NY, who were convicted of conspiracy to commit bank fraud and aggravated identity theft, were sentenced by Chief U.S. District Judge Frank P. Geraci. The sentences included:   • Smith-26 months in prison; • Edwards-77 months in prison; • Ferrell-77 months in prison; and
• Campbell-Cooper-51 months in prison.
 
Ferrell also received an additional 14 months in prison for violation of supervised release. The defendants were also ordered to pay a total of $435,274 in restitution to Discover Bank as part of their sentences.
 
“This case demonstrates why it is so important to regularly and consistently keep track of your credit cards and financial statements," said U.S. Attorney Hochul.    
 
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that in April 2014, the United States Secret Service began investigating reports of access device fraud and identity theft in the Rochester area. They were assisted by the United States Postal Inspection Service, Rochester Police Department, Monroe County Sheriff’s Office, and the Brighton Police Department. The investigation involved fraudulently obtained credit cards issued by Discover Financial Services being used at various locations in the Western District of New York and elsewhere.
 
The scheme involved legitimate credit card accounts which were compromised. The financial institution would receive a telephone call requesting that a particular name be added to the account as an authorized user and that a new credit card be issued. Other times the request was simply for the issuance of replacement cards in the actual account holder’s name. The new cards were sent to various addresses in Rochester and were then intercepted by subjects of the fraud ring, including the defendants. The investigation revealed that the true holders of the credit card accounts had not authorized the issuance of new cards in these names or the issuance of replacement cards, and had not authorized the subsequent use of these credit cards. The investigation linked Smith, Edwards, Ferrell, and Campbell-Cooper to multiple fraudulent credit card accounts, and showed that they were using other people’s credit accounts to make unauthorized purchases around the country.
 
As the defendants received the fraudulent cards, they immediately made fraudulent purchases and cash withdrawals in area stores and banks. On one visit to a local Best Buy alone, the defendants purchased over $6,000 worth of electronics using fraudulent credit cards. The cards were also used extensively at high end retailers and at various designer stores at the Eastview mall. The defendants also visited area banks and ATM machines to make fraudulent cash withdrawals using the stolen cards and false identity documents.
 
In addition to fraudulent purchases made in the Rochester area, some of the defendants traveled outside of New York with the stolen cards. Surveillance video recovered during the investigation showed the defendants making fraudulent purchases at hotels, stores, and casinos in Illinois, Florida, and Ohio. As a result of the scheme, the defendants stole more than $435,000.
 
U.S. Attorney Hochul further stated: “The best defense against fraud is knowing how to detect and thwart the wide variety of criminals who seek to steal your identity and money. Visit stopfraud.gov to learn how to identify fraud and how to protect against such schemes” 
 
The sentencings are the culmination of a multi-state investigation, coordinated by Special Agents with the Rochester Resident Office of the United States Secret Service, under the direction of C. Todd Laster, Special Agent in Charge; Inspectors with the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division; Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; Deputies with the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn; and Officers with the Brighton Police Department, under the direction of Chief Mark Henderson.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Seymour Ellis, 43, most recently of Queens, NY, pleaded guilty to assault of a federal officer, before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of eight years in prison.  

Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that in April 2015, the defendant, while in custody at the Buffalo Federal Detention Facility in Batavia, NY, attacked and assaulted a detention officer. Ellis was awaiting removal from the United States to Jamaica. The defendant lost his permanent resident status because of New York State narcotics trafficking, robbery, and theft convictions.

The plea is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Special Agent in Michael Phillips.

Sentencing is scheduled for July 15, 2016 at 10:30 a.m. before Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Ian Tarbell, 43, of Hogansburg, NY, was arrested and charged by criminal complaint with possession of contraband cigarettes, failing to maintain information about the shipment, sale and distribution of more than 10,000 cigarettes and refusing to pay and evading the payment of a tax. The charges carry a maximum penalty of five years in prison, and a fine of $250,000.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that according to the complaint, the defendant was arrested on February 16, 2016 in Pembroke, NY following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was operating a truck that was pulling a trailer containing untaxed and unstamped cigarettes. In total, the defendant is accused of shipping and transporting more than 900,000 unstamped and untaxed cigarettes.

Tarbell made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and was released on $100,000 bond.

The complaint is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Gary Maha, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Delano A. Reid, Special Agent in Charge, new York Field Division.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that 7th Street Gang member Luis Medina, 24, who pleaded guilty to Racketeering Influenced Corrupt Organizations (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 Luis Medina, as a member of the 7th Street Gang, sold heroin and possessed firearms. In addition, on April 16, 2006, Medina shot a rival 10th Street Gang member with a .22 caliber firearm. Furthermore, on June 13, 2009, while being held in the Erie County Holding Center, Medina learned that his cousin Christian Portes was killed by the 10th Gang members. Medina made a phone call from the holding center requesting that fellow 7th Street Gang members kill 10th Street Gang members in retaliation for the murder of his cousin. After being released on November 7, 2009, Medina himself fired shots at 10th Gang members. 

A total of 18 defendants have been charged in this case. To date, 17 have been convicted.   

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kevin Small, 25 of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possessing a firearm not registered in the National Firearms Registry, that is, a sawed-off shotgun. The charge carries a maximum sentence of 10 years in prison, a fine of $250,000.00, or both. 

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated on April 5, 2014, the Rochester Police Department responded to the area of 177 Sixth Street in Rochester for a report of a burglary in progress. The caller indicated she heard glass break and saw a male climb through the window of the house next door. The caller also described a person with a gray pullover and blue hat getting into a dark station wagon, headed north on Sixth Street. A short while later, officers observed Small, who matched the description provided by the caller, enter a store in the area. The defendant was stopped, detained and brought back to the location of the burglary for further investigation which ultimately determined that Small resided at the location but had been locked out by his girlfriend. The defendant was entering the location through the window to get his belongings which he was putting in the dark colored station wagon. Officers searched the vehicle and found the sawed off shotgun, a 12 gauge, Iver Johnson Excel single shot shotgun.

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

Sentencing is scheduled for July 14, 2016, at 3:00 p.m. before Judge Wolford.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Edwin Murray, 51 of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute cocaine and possession of a firearm in the furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of $1,000,000 or both. 

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

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

Sentencing is scheduled for July 14, 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 Scott A. Wilcox, 46, of Pike, NY, pleaded guilty to being a felon in possession of a firearm, before U.S. District Elizabeth A. Wolford. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

Sentencing is scheduled for July 21, 2016, at 12:00 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 Suchan, 33, of West Seneca, NY, who was convicted of distribution of oxycodone, was sentenced to 12 months home detention and three years probation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on three dates in September and October 2010, the defendant sold or attempted to sell OxyContin and Opana tablets to an undercover police officer in a commercial parking lot on Abbott Road in Orchard Park. On the last occasion, officers seized a 9 mm rifle, a loaded 9 mm magazine, and additional 9 mm ammunition from Suchan’s vehicle.

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, and the Orchard Park Police Department, under the direction of Chief Mark Pacholec.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Javier Pagan, Jr. and Samuel Hernandez 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.

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

Javier Pagan and Hernandez were arrested in June of 2013 along with David Jesus Pagan, Burgos, as well as Alvin Torres, Jr. 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 and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine. 

Charges are pending against David Jesus Pagan, Burgos, Alvin Torres, Jr. 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 indictments 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.

Hernandez will be sentenced on July 19, 2016 at 4:00 p.m. before Judge Wolford. Sentencing for Pagan 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 James Smith, 24, of Niagara Falls, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on February 25, 2016, New York State Parole Officers and others conducted a search at Smith’s residence on Orleans Avenue in Niagara Falls. The defendant is under the supervision of New York State Parole following a July 2010 federal conviction and an August 2014 Niagara County Conviction.

 As officers entered, Smith attempted to go into the basement. The defendant was stopped and the basement was searched. Officers recovered a Colt, .32 caliber semi-automatic handgun with a magazine loaded with two rounds of ammunition. As a result of his previous convictions, Smith is prohibited from legally possessing a firearm.     

The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroder. He is being detained. 

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and  .

The 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 Joseph Conrad Goode, 21, of Cheektowaga, NY, was arrested and charged by criminal complaint with threatening the President, threatening a former President, and threatening a major candidate for Office of the President of the United States. The charges carry...

Assistant U.S. Attorney Mary C. Baumgarten, who is handling the case, stated that according to the complaint, on April 7, 2016, the United States Secret Service Buffalo Field Office received information that the defendant threatened to injure and kill Barack Obama, William Clinton, Donald Trump, Hillary Clinton, and Ted Cruz.

Among others things, the defendant allegedly said:

• He was going to get a "high powered rifle and kill all the presidential candidates," and that he "is the kind of person ready to snap and shoot up a public place."

• “Bill Clinton is only a couple hours away and I am going to f------ kill him along with Donald Trump, Ted Cruz and all of the FBI." Goode also said he had a sniper rifle and was going to get it when he got out of here [ECMC].

• Wanted to kill Hillary Clinton and Donald Trump.

• The defendant’s goal in killing presidential candidates was to "see the world burn."

The defendant will make an initial appearance today at 11:30 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

The complaint is the result of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.

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 Joseph Kurowski, 23, of Buffalo, NY, was arrested and charged by complaint with production, receipt and possession of child pornography. In addition, Jose Cisneros, 30, of Buffalo, NY, was also arrested and charged by criminal complaint with production and receipt of child pornography. The charges carry a mandatory minimum sentenced of 15 years in prison, a maximum of 30 years and a $250,000.   

“These two cases, along with today’s conviction of Anthony Thompson, depict the dark side of modern communication devices and applications” said U.S. Attorney Hochul.  “The cases also serve as a warning to all of the many ways predators seek to manipulate children through technology into engaging in sexually explicit conduct. By education and dialogue, such conduct – which criminals would otherwise seek to keep in the shadows – can be exposed and prevented.”

Assistant U.S. Attorney Aaron J. Mango, who is handling both cases, stated that according to the complaint against Kurowski, in August 2015, the Blasdell Police Department received a report involving a 13 year old female (victim 1) who engaged in sexually explicit conversations with numerous individuals, including the defendant, using the Kik application and through text messages. Between September 21 and 23, 2015, an undercover law enforcement officer used victim 1’s Kik account and engaged Kurowski in a chat sessions during which the two discussed meeting in person. 

On October 21, 2015, the Federal Bureau of Investigation executed a search warrant at the defendant’s residence and seized a laptop computer and cellular telephone. During an analysis of the items, officers recovered conversations with a 15 year old female (victim 2) that took place over the Whisperer application and Snapchat. During one of those conversations, Kurowski told victim 2 that he had a lawyer and that “some girls mom told the police I was coercing her to meet for sex. Didn’t meet.”

Officers also recovered Kik conversations between the defendant and a 16 year old female (victim 3). Victim 3 told officers she met Kurowski on Whisperer before moving the conversations to Kik. She said she “vaguely” recalled sending the defendant pictures and videos. She also said that Kurowski threatened to hurt her if she did not participate in the sexting and send him sexual videos.

Officers also found explicit conversations between the defendant and a 17 year old female (victim 4). 

According to the complaint against Cisneros, also in August 2015, the Blasdell Police Department alerted the FBI about a 13 year old female (victim 1) engaging in sexually explicit conversations using the Kik application and text messages with an individual later identified as Cisneros. During their communications, the defendant and victim 1 exchanged graphic photos.     

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

Cisneros and Kurowski both made initial appearances before U.S. Magistrate Judge Michael J. Roemer and are being detained pending detention hearings schedule for April 8, 2016 at 10:30 a.m. and 11:00 a.m. respectively. 

The complaints are the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen and the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia. The task force includes the Buffalo Police Department, Cheektowaga Police Department, and Niagara County Sheriff’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 Anthony Thompson, a/k/a Fresh Tone, 35, of Buffalo, NY, pleaded guilty to sex trafficking of a minor before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum penalty of life and a fine of $250,000. 

“Today’s conviction, together with this week’s arrest of two other defendants for production of child pornography, depicts the dark side of modern communication devices and applications” said U.S. Attorney Hochul. “The cases also serve as a warning to all of the many ways predators seek to manipulate children through technology into engaging in sexually explicit conduct. By education and dialogue, such conduct – which criminals would otherwise seek to keep in the shadows – can be exposed and prevented.”

"This investigation highlights HSI's commitment to identify and investigate trafficking threats, as well as protect victims' rights and bring traffickers to justice," said ICE-HSI Special Agent in Charge James Spero. "We will continue to work tirelessly with our law enforcement partners to dismantle human trafficking networks in our community."

Assistant U.S. Attorneys Marie Grisanti and Trini E. Ross, who are handling the case, stated that Thompson engaged in the sex trafficking of two adults and one minor, between November 2012 and September 2014. The defendant recruited and enticed the three victims to engage in commercial sex acts at his direction. One of the victims was recruited through social media. Thompson then advertised the availability of the victims on social media including “Backpage.com.” The defendant also required that some victims “walk the streets” in order to attract customers for commercial sex. As a result, Thompson received all the money earned from the commercial sex acts by the victims.

Thompson pleaded guilty today as a federal jury was to begin hearing evidence involving the charges against him. Included in the Government’s evidence was a rap video showing the defendant’s state of mind regarding prostitution and prostitutes.

Rap lines included:

• “I'm the s--- I had a lot of hoes... And when they left I went and got some more. I rap to em then them b------ want to rock and roll. Ha. You think I'm playin' but I'm really pimpin'. I don't do the 50/50 with em.”

• “Papa's fat and I don't ever wanna diet. I sell dreams and these b------ really buy it. You wanna work bring some money and you hired.”

In a social media posting, the defendant describes the sexual exploitation of women as “tha best thing goin.” Thompson also compares the sale of women to the sale of narcotics, “U can sell it n still have it after you sell it. It goes nowhere….u don’t have to re up, or u not riskin years n jail.”

U.S. Attorney Hochul further stated “while the likely sentence will prevent this defendant from victimizing any other young women, the public at large must be on alert and vigilant for other potential predators.”

The plea 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 and the Cheektowaga Police Department, under the direction of Chief David Zack.

Sentencing is scheduled for July 21, 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 Jeremy Scouten, 37, of Niagara Falls, NY, who was convicted of possession of child pornography, was sentenced to 60 months in prison by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorneys Stephanie Lamarque and Kathleen A. Lynch, who handled the case, stated that on August 6, 2012, law enforcement officers executed a search warrant at the 2502 Falls Street residence of the defendant. Officers recovered a computer being used by Scouten. A subsequent forensic examination determined that the computer contained approximately 200 images and 17 videos of child pornography. Some of the images included children under the age of 12 years old depictions of violence.

The sentencing 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.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today Michael Bush, 35, of Jamestown, NY, was arrested and charged by criminal complaint with transmitting communication containing a threat to injure the person of another. The charge carries a maximum of five years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that according to the complaint, on February 26, 2016, Bush, a former officer with the Jamestown Police Department, posted a threat on the Jamestown, New York Topix forum page.  The post contained a threat against two individuals. 

The defendant made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroeder. A detention hearing is scheduled for April 7, 2016.

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

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 Jerome Tallington, 28, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to narcotics conspiracy and possession with intent to distribute and distribution of heroin. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that the defendant sold heroin and marijuana to Elizabeth Camue Martinez. Between September 2013 and December 2013, Martinez then smuggled gram quantities of heroin and ounces of marijuana into the Attica Correctional Facility and provided it to her husband, Andres Martinez, who was at that time incarcerated in the facility, knowing that he would then distribute the heroin and marijuana to other inmates. 

Elizabeth Camue Martinez and her husband Andres Martinez have also been convicted and are awaiting sentencing.
 
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the New York State Police, under the direction of Major Steven Nigrelli, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Wayne C. Olson, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, the Wyoming Country District Attorney’s Office, under the direction of Donald O’Geen, and the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Anthony Annucci. 

Sentencing is scheduled for July 22, 2016 at 9:00 a.m. before Judge Vilardo. 

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Steven Fine, 30, of Orchard Park, NY, pleaded guilty to distribution of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum sentence of five years in prison, a maximum of 20 years, and a $250,000 fine.

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

The plea is the culmination of an investigation by the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Town of West Seneca Police Department under the direction of Chief Daniel Denz.

Sentencing is scheduled for July 15, 2016 before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Danielle Hamilton, 27, of Cheektowaga, NY, pleaded guilty to conspiring to commit access device fraud and aggravated identity theft before U.S. District Judge Lawrence J. Vilardo.  The access device fraud charge carries a maximum penalty of five years and a $250,000 fine.  Aggravated identity theft carries a mandatory penalty of two years which must be served consecutive to any penalty imposed on the access device fraud charge.  

Assistant U.S. Attorneys MaryEllen Kresse and Elizabeth R. Moellering, who are handling the case, stated that from October 2013 to January 2014, the defendant and others traveled to Walmart stores and other retail establishments in Western New York and Pennsylvania where they used unauthorized credit cards. The credit cards were obtained without the true account holder’s knowledge or authority. Hamilton and others purchased $500 store gift cards and other merchandise totaling in excess of $300,000. 

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

Sentencing is scheduled for June 13, 2016 at 9:00 a.m. before Judge Vilardo.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr, announced today that Harris Hickman, 33, of Rochester, NY, pleaded guilty before the U.S. District Judge Elizabeth A. Wolford to sex trafficking of a minor. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life imprisonment and a fine of $250,000. 
 
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in March 2014, Hickman trafficked a 15 year old minor using by posting photographs of the minor in advertisements on Backpage.com., knowing that the minor was only 15 years old and would be caused to engage in prostitution activity. Hickman also benefitted financially from the prostitution activities of the minor by getting part of the proceeds.
 
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, under the direction of Sheriff Patrick O'Flynn, the Rochester Police Department under the direction of Chief Michael Ciminelli, Special Agents of the FBI, under the direction of Special Agent in Charge Adam S. Cohen, and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Karen Schlager, 60, of Snyder, NY, pleaded guilty to submitting false and fraudulent claims to the Department of Veterans Affairs before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine. 
 
Assistant U.S. Attorney MaryEllen Kresse, who is handling the case, stated that the defendant, who was the funeral director at Schlager Funeral Home in Amherst, submitted claims to the VA seeking payment for death benefits, including transportation costs, burial services, and funeral costs, that she knew had not provided to veterans or their families. As a result of the defendant’s actions, the VA suffered a loss of approximately $13,800.
 
The plea is the culmination of an investigation on the part of Special Agents of the United States Veterans Administration, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Jeffrey G. Hughes.
 
Sentencing is scheduled for July 7, 2016 at 10:00 a.m. before Judge Vilardo.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr, announced today that Harinder Dhaliwal, 44, was arraigned this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder. Dhaliwal was indicted by a federal grand jury in February 2014 along with co-defendants Alvin Randhawa and Gursharan Singh on charges of conspiracy to possess with intent to distribute, and to distribute, cocaine and marijuana, conspiracy to export cocaine, attempt to export cocaine, conspiracy to import marijuana, and possession of cocaine with intent to distribute. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.
 
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the indictment, between 2007 and May 2011, Dhaliwal conspired with others to smuggle cocaine into Canada from the United States and marijuana into the United States from Canada via several international bridges located including ones in the Buffalo-Niagara region. Investigators believe that approximately 2,000 kilograms of cocaine were trafficked during the course of the conspiracy. 

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

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

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 Ian Campbell Gent, 73, of Amherst, NY, who was convicted in February 2011 following a jury trial of mail fraud and conspiracy charges in connection with the $6,000,000 Watermark Ponzi scheme, was resentenced to six years in prison by Chief U.S. District Judge William M. Skretny. The defendant appealed his original conviction and sentence. The conviction was upheld but a question was raised about Gent’s sentencing. The defendant was re-sentenced based on the fact that he joined the company a year into the scheme. Gent requested of a “time served” sentence which was rejected by Judge Skretny who instead imposed a 72 month sentence.       

Assistant U.S. Attorney Gretchen L. Wylegala, who handled the case, stated that the defendant was hired by Guy Gane, who was convicted and sentenced to 13 years in jail in 2011, to assist him at Watermark M-One Financial Services. The company was shut down in May 2008 as a result of action by the United States Postal Inspection Service and the Securities and Exchange Commission. Gent, along with co-defendant James Lagona, were found guilty following a jury trial of participating in a scheme which began in early 2006, when Gane and his employees began selling "debentures" to trusting clients, claiming to be using the money to invest in waterfront real estate. Gane promised a 10% return after a year to his investors. However, no investments were made, and Gane used new investor funds to pay off the earlier investors. A total of 94 victims suffered losses of over $6,000,000.   Lagona was sentenced to nine years in prison.

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

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

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Howard Edward Brooks, 39, of Elmira, NY, on charges of receipt, attempted distribution, and possession of child pornography involving prepubescent minors. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a fine of up to $250,000.
 
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment and a previously filed complaint, Brooks, a former teacher at the Elmira Christian Academy, was arrested in August, 2015 following the execution of a federal search warrant at his Elmira residence. During that search, FBI agents found several digital items containing photos and videos of children as young as toddlers being raped.
 
When FBI agents arrived to execute the search warrant, Brooks tried to flush several thumb drives down the toilet. He told the agents he did so because he saw the FBI in his driveway and knew the thumb drives contained child pornography. However, agents recovered the thumb drives from the sewer under the defendant’s residence with the assistance of the Chemung County Department of Public Works. These drives were then forensically analyzed and hundreds of child pornography videos were recovered from each.  
 
The indictment is the culmination of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
 
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 Ryan Tojdowski, 32, of Arcade, NY, who was convicted of possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 46 months imprisonment by U.S. District Judge Lawrence J. Vilardo.
 
Assistant U.S. Attorney Caleb J. Petzoldt, who handled the case, stated that on December 17, 2014, during the course of an investigation, the Wyoming County Sheriff’s Department discovered the defendant to be in engaged in the manufacturing and distribution of marijuana. In addition, deputies found Tojdowski to be in possession of quantities of oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine as well as a .223 assault rifle.    
 
The sentencing is the culmination of an investigation on the part of the Wyoming County Sheriff’s Department, under the direction of Gregory J. Rudolph and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today 13 defendants have been arrested and charged by criminal complaint in a major heroin trafficking operation with links to Philadelphia, Pennsylvania. During the execution of search warrants following the arrests, law enforcement officers seized 22,713 decks of heroin, $93,399.00 in cash and nine firearms.

Under arrest: • Damon Montgomery; • Herbert Montgomery; • Paris Montgomery; • Frank Figueroa; • James Washington; • Jonathan Figueroa; • Johnnie Balkman; • Robert Cochran; • Laron Perkins; and
• DeShawnra Williams, all of Rochester, NY.

Also under arrest are Jerome Randolph, aka “May,” David Haynes and Edwin Rodriguez, all of Philadelphia, PA.

Law enforcement officers are continuing to search for a 14th suspect, Omar Latson.

“The seizures of heroin made in connection with this law enforcement operation represent some of the largest in recent memory,” said U.S. Attorney Hochul. “We in law enforcement don’t want further records, we want to save lives. Deaths from heroin and other opiate based substances now constitute the leading cause of death in America. But as a result of these seizures, nearly 23,000 potentially deadly doses will not make it onto the streets of our Rochester community.”

The charges in the complaint include possession with intent to distribute, and distribution of, controlled substances, conspiracy and attempt to possess with intent to distribute, and to distribute, controlled substances, use of a communication facility in furtherance of a controlled substance felony, money laundering and possession of a firearm in furtherance of drug trafficking. The charges carry a maximum penalty of life in prison, a fine of $10,000,000 or both.

Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that since October 2015, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Rochester Police Department (RPD) have conducted a multi-agency investigation into a significant Philadelphia based heroin trafficking organization. According to the complaint, the case involves the trafficking of large quantities of heroin from a group of individuals located in Philadelphia, PA to a group of individuals in Rochester. While the methods used by the organizations are not unique, the proceeds generated from the sale of heroin in Rochester over the course of the last several months have climbed well into the hundreds of thousands of dollars. The heroin seizures made in this case alone far exceed the total heroin seizures made in all of 2015 in the city of Rochester.

The investigation included the use of court approved eavesdropping warrants (wiretaps) on multiple phones used by the defendants. That investigation revealed that Jerome Randolph is the head of the Philadelphia group, responsible for overseeing the trafficking of heroin between Philadelphia and Rochester. Randolph relies principally on two named defendants, David Haynes and Edwin Rodriguez, who were responsible for the transportation of heroin and drug proceeds between the two cities. The Philadelphia group Supplied large quantities of pre-packaged and pre-stamped heroin, which was transported to Rochester in vehicles with hidden compartments. Once in Rochester, the heroin was distributed by members of the Rochester organization.
 
The Rochester organization had several principle members that deal directly with the members from Philadelphia, including Frank Figueroa, James Washington and Damon Montgomery. These individuals utilized several additional associates who performed various duties for the Rochester organization, including storage, transportation and street level distribution. These individuals were identified as Herbert Montgomery, Paris Montgomery, Johnnie Balkman, Robert Cochran, Jonathan Figueroa, Laron Perkins and LaShawnra Williams. Law enforcement officers estimate the Rochester organization was distributing in excess of $50,000 of heroin a week. 

447 THURSTON ROAD, APT 304

On March 5, 2016, investigators recovered a large quantity of heroin in an abandoned apartment controlled by Damon Montgomery. Specifically, investigators located 7,560 decks, or bags, of heroin weighing approximately 235 grams.

11 KARNES STREET

On March 11, 2016, during a traffic stop of Frank Figueroa, a search of his vehicle revealed a loaded Smith and Wesson revolver, 62 decks of heroin and 4.2 grams of powder cocaine, and $5,257 in cash. 

440 THURSTON ROAD, Apt #108

On March 17, 2016, investigators executed a search warrant at the residence of Paris Montgomery. During the execution of the search warrant, investigators recovered two firearms, including a loaded Smith and Wesson 9mm, semi-automatic handgun and a Taurus, 45 caliber semi-automatic handgun, as well as 520 decks of heroin, numerous new, unused wax envelopes used in packaging heroin and $2,913 in cash. 

909 SAINT BERNARD STREET, PHILADELPHIA, PA

On March 22, 2016, a search warrant was executed at the residence of David Haynes. Investigators located approximately $25,000 in United States currency, a loaded Ruger 9mm semi-automatic handgun, scales and 73 grams of heroin. 

304 WEST ERIE AVENUE, PHILADELPHIA, PA

On March 22, 2016, a search warrant was executed at the residence of Edwin Rodriguez. Investigators located two handguns, including a loaded Bushmaster, .223 caliber rifle and a H&K 40 semi-automatic handgun, Ruger, 9mm semi-automatic handgun, approximately $6,000.00 in cash, and assorted ammunition. 

2510 WEST DIAMOND STREET, PHILADELPHIA, PA

On March 22, 2016, a search warrant was executed at the residence of Jerome Randolph. Investigators located a large amount of ammunition and several loaded gun clips, scales, a money counter, a police scanner and approximately $3,000.

GOLD HONDA DRIVEN BY HAYNES/MONTGOMERY MEETING IN PA

On March 22, 2016, after intercepting numerous calls indicating a meeting would take place in northern Pennsylvania between two principal members of the organizations, a federal search and seizure warrant was executed on a car used to transport drugs and proceeds between Philadelphia and Rochester. Inside, investigators located two hidden containers (“traps”). The “trap” located under the center console was empty but the ‘trap” located under the rear passenger’s seat contained $46,950.00 cash and 13,440 decks (bags) of heroin. 

89 ANGLE STREET

On March 22, 2016, a search warrant was executed at the residence of Robert Cochran. During the search, investigators located a loaded 410 gauge Mossburg shotgun, 27 decks of heroin, new and unused ziplock narcotics bags, a scale, approximately $2,339 in cash, an empty shoulder holster and assorted 45 caliber ammunition.

447 THURSTON ROAD, Apt #316

On March 22, 2016, a search warrant was executed at the residence of Johnnie Balkman. Investigators recovered 98 decks of heroin, a digital scale, a money counter, and $1,940. 

97 MICHIGAN STREET

On March 22, 2016, a search warrant was executed at the residence of Jonathan Figueroa. Investigators recovered a Smith and Wesson 9mm semi-automatic handgun, a Kimber 45 caliber semi-automatic handgun and a small amount of heroin. 

31 CANARY STREET

On March 22, 2016, a search warrant was executed at the residence of Deshawnra Williams. Investigators recovered nine decks of heroin, a digital scale and an assortment of paperwork. 

Both Jerome Randolph and Edwin Rodriguez were arrested at their residences in Philadelphia, PA and were arraigned in Federal Court in Philadelphia, PA on Wednesday, March 23, 2016. The defendants are being held without bail pending their transfer to the Western District of New York. 

The remaining defendants were arraigned before U.S. Magistrate Judge Jonathan W. Feldman. With the exception of DeShawnra Williams, all defendants are being held without bail at this time.

The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Federal Bureau of Investigation, under the direction Special Agent in Charge Adam S. Cohen, U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations, Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Michael Phillips, Buffalo Field Office Director, U.S. Border Border Patrol, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County District Attorney’s Office, under the direction of Sandra Doorley, and the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the New York State Department of Corrections and Community Supervision in coordination with the Philadelphia ATF and DEA Resident Offices and the Pennsylvania State Police. 

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 Daniel Rice, 53, of Stoughton, Massachusetts, pleaded guilty to wire fraud before U.S. Senior District Judge William M. Skretny.
 
Assistant U.S. Attorneys Scott S. Allen Jr. and Mary Catherine Baumgarten, who are handling the case, stated that Rice, a retired City of Boston Police Detective, aided and abetted Michael Wilson, 29, formerly of Hamburg, NY, to defraud investors by promising large returns on phantom investments through companies known as New Frontier. 

Rice pleaded guilty for his involvement in a deal brokered in January 2010, in which the defendant induced a Montana broker to wire $100,000 as part of a phony investment with Zodiak Capital, one of Wilson’s fraudulent New Frontier companies. Rice kept $40,000 before passing the remaining $60,000 on to a Wilson account at HSBC Bank in Buffalo.

In July 2010, Rice was involved in a second deal with Zodiak, and failed to tell the Montana broker about Zodiak’s connection to Wilson’s companies. As a result, on July 15 and 19, 2010, a total of $71,875 of a different investor’s money was wired to accounts in the Buffalo area controlled by Zodiak. The only money recovered was the $71,875 wired to Zodiak in July 2010, because the government quickly applied to have the receiving bank accounts frozen. The funds eventually were returned to the investor, who lives in Utah.

Wilson is currently charged in a 47 count indictment with wire fraud, money laundering and conspiracy, for deals entered into by his fraudulent companies in 2008 through 2010. The indictment accuses Wilson of attempting to defraud investors out of more than $8,000,000 between June 2008 and July 2009 by creating several phantom investment companies known collectively as New Frontier, including such names as Zodiak, Carnic LLC, Phantom Holdings and others, all purportedly located at 6553 Boston State Road in Hamburg. Wilson thereafter induced individuals and companies to invest in financial instruments with complex sounding names such as leveraging agreements that promised high-yield earnings and returns in short periods of time.

Rather than investing clients’ money, Wilson spent it on a variety of personal items, including $2,500,000 as a down payment for Boston State Road properties, automobiles - including a Hummer, a Corvette,  two Land Rovers, and a Mercedes ML 500, artwork, and other items. The Indictment also discloses that in January 2009, Wilson paid $1,800 to hire an actor from a talent agency to portray a person using the name of an alias (George Possiodis), which name and persona the defendant used during his scheme.

Soon before being indicted, Wilson fled to Canada and is currently evading law enforcement authorities. 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.

Rice’s sentencing is scheduled for July 13, 2016 at 10 a.m. before Judge Skretny.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, with assistance from the Boston Police Department Anti-Corruption 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 Charisma Royster, 25, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine before U.S. Magistrate Judge Leslie G. Foschio. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
 
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that on September 15, 2014, the defendant sold a quantity of crack cocaine to a confidential informant working with officers of the Lackawanna Police Department. Subsequent analysis confirmed the presence of crack cocaine.
 
Royster is one of 18 defendants arrested in a drug trafficking operation that included sales made in and near the Gates Housing Project in Lackawanna. She is the sixth defendant to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
 
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge.
 
Sentencing will be scheduled at a later date.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Peter Anthony Vargas, III, 23, of Buffalo, NY, who was convicted of distributing the designer drug 5-MeO-DiPT, more commonly known as “Foxy Methoxy” or “Foxy,” to a person under 21 years of age, was sentenced to 24 months in prison by Senior U.S. District Judge William M. Skretny.

 Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that late on October 18, 2013, the defendant sold a substance represented to be “Foxy Methoxy” to an intermediary at a commercial haunted house located behind the McKinley Mall in Blasdell, NY. The intermediary then immediately provided the substance to a 17-year-old minor.

 Later that night, the minor began to feel dizzy and paranoid and experienced hallucinations. The following day, the minor was admitted to a local hospital in an unresponsive state and was placed on a ventilator to assist breathing. The minor subsequently recovered and was discharged from the hospital.

The sentencing is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Omar Aponte Vellon a/k/a Chambo, 29, of Puerto Rico, was arrested and charged by criminal complaint with attempt to possess with intent to distribute 500 grams or more of cocaine.  The charge carries a minimum penalty of 5 years and maximum penalty of 40 years in prison and a $5,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that, on two separate occasions in March 2016, federal law enforcement officials intercepted a package being shipped from Puerto Rico to a particular residence on the East Side of Buffalo.  Each of the two packages contained approximately half a kilogram of cocaine.  On March 25, 2016, the defendant accepted delivery of and left the residence with one of the packages, after which he was arrested.

The defendant is being held pending a detention hearing before the Honorable Michael J. Roemer on March 31, 2016.

The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent In Charges James J. Hunt, 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
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a 23 count superseding indictment charging six defendants allegedly involved in an illegal narcotics operation stretching from Sinaloa, Mexico to Western New York. Named in the superseding indictment are three defendants previous charged in the case, Jose Manuel Lua-Guizar, 25, Max Riestra, 40, both of Mexico, and Pethrod Dunnigan, 37, of Buffalo, NY. Also charged in the superseding indictment:

• Gerardo Ballardo, 23 of Stockton, California
• Bryant Hudson, 36, of Buffalo
• Presiliano Garcia, 31, of Los Angeles, California, a Bank of America employee who allegedly used his position to facilitate money laundering activities in the drug operation.

“As the scourge of heroin continues to take a deadly toll on our community, this case shows that law enforcement will go wherever necessary to stop these traffickers in their tracks,” said U.S. Attorney Hochul.  “Whether across the country or across the border, from street corners to bank offices, to we will stop the flow of these drugs into our community.”

Charges includes conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and one kilogram or more of heroin, money laundering conspiracy, international money laundering conspiracy, conspiracy to structure transactions, and structuring transactions. The charges carry a minimum penalty of 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 according to the superseding indictment and previously filed court documents, law enforcement officers began investigating a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of Los Angeles, California area in 2014. The organization shipped drug packages to various states including New York, New Jersey, Illinois, and Colorado. Defendant Max Riestra was identified as being responsible for managing multiple bank accounts that were used to launder proceeds from the drug sales. Defendant Presiliano Garcia was a Bank of America employee who is accused of facilitating the opening of multiple accounts used for laundering drug proceeds. Garcia also facilitated wire transfers of drug proceeds from the United States to bank accounts in Mexico.

During the course of the investigation, officers executed search warrants that resulted in the seizure of drugs including one seizure of 21 kilograms of cocaine and three kilograms of heroin. Officers also seized numerous boxes that members of the drug trafficking operation attempted to mail which included an additional kilograms of cocaine and kilograms of heroin.

The investigation further revealed that a FedEx account controlled by Max Riestra was used to send packages to Buffalo, NY, including some to co-defendants Jose Manuel Lua-Guizar and Gerardo Ballardo. Guizar and Ballardo would travel from California to Buffalo to receive the packages and distribute the cocaine to local Buffalo area drug dealers, including defendant Pethrod Dunnigan. Investigators believe approximately 200 packages containing cocaine and heroin were shipped to cities including Buffalo, Chicago, New York and Denver.

The proceeds from the cocaine sales were deposited in local Bank of America branches in amounts just under $10,000. Deposits of $10,000 or more require the bank to report the transaction. There were also deposits in bank branches across the country. The total amount of money deposited in this fashion had reached more than $10,000,000. Local deposits totaled over $1,000,000 and involved at least 120 transactions.

The superseding indictment 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, Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the Internal Revenue Service, Criminal Investigations Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.

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 Claudia Diaz Diaz, 22, a Cuban National, who was convicted of conspiracy to commit bank fraud, was sentenced to time served and three years probation by U.S. District Court Judge Richard J. Arcara, to conspiracy to commit bank fraud.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Diaz fraudulently obtained the credit/debit card numbers of actual people and then encoded counterfeit cards with the information illegally obtained. The defendant then used the counterfeit cards to purchase merchandise at retail stores in the area, including a Tops Market in Amherst, NY and a CVS Pharmacy in Buffalo, NY. Diaz obtained the information associated with approximately 79 credit and debit card accounts at various financial institutions.     

Five other Cuban Nationals, Eduardo Quinones Hernandez, Yasser Carrillo Chartrand, Yaily Santurio Milian, Misael Toledo Rios, and Jose Valdivia Quinones are also charged in this scheme to defraud involving counterfeit debit cards. Hernandez, Quinones, Milian and Rios have been convicted, charges are pending against Chartrand. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jon DiBernardo, 51, of Lewiston, NY, who was convicted of tax evasion, was sentenced to three years probation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney MaryEllen Kresse, who handling the case, stated that the defendant was the owner of Water Street Landing, a restaurant in Lewiston, NY. Between 2006 and 2009, DiBernardo submitted tax returns to the Internal Revenue Service understating business revenues thereby evading payment of income tax. In addition, the defendant paid employees off the books and as a result failed to pay employment taxes. 

DiBernardo failed to report a total of $419,221 in taxable income resulting in a loss of $111,377 to the IRS. In addition, the defendant failed to report $285,705 in employee wages resulting in a loss of $43,712 to the IRS.

The sentencing is the culmination of an investigation by 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 Angelina Kurtz, 20, of Cheektowaga, NY, who was convicted of bank robbery and making a false statement to the FBI, was sentenced to time served, six months of home detention with an ankle bracelet, two years supervised release, and ordered to pay $543.00 to Key Bank in restitution.
 
Assistant U.S. Attorney Meghan A. Tokash, who prosecuted the case, stated that Kurtz robbed the Key Bank located at 2318 Delaware Avenue in Buffalo. The defendant handed the teller a note demanding $20,000 in cash and threatening the teller that she had a .45 caliber gun with her that she would use if dye packs or alarms disrupted the robbery plot.
 
Kurtz also made a false statement to investigators after she was arrested.
 
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
 BUFFALO, N.Y. – U.S. Attorney Williams J. Hochul, Jr. announced today that David Allen Vickers, 51, of Stanley, NY, who was convicted following a jury trial of transportation of minors with the intent to have sex, was sentenced to life in prison by U.S. District Judge Richard J. Arcara.  

“The harm inflicted upon the victims in this case by the defendant continues to impact those victims to this day,” said U.S. Attorney Hochul. “Given that the victims’ complete recovery could very well take a lifetime, it is particularly appropriate that the defendant today received a life sentence - the highest permitted by law. Such a sentence is directly proportional to the harm caused, and ensures that no other minor will ever again be abused by this defendant.”
 
Assistant U.S. Attorneys Aaron J. Mango and Elizabeth R. Moellering stated that the jury found the defendant guilty of transporting two minors in interstate commerce with the intent to engage in criminal sexual activity. According to the evidence introduced at trial, the defendant, an over the road truck driver, transported two victims to Canada, New Jersey and Pennsylvania, and repeatedly abused and molested them while he was making deliveries.  This abuse occurred in the time frame of 1999 to 2007. 

    The trial evidence also disclosed that the defendant abused other children, with the first abuse beginning in 1983. This pattern of abuse included extensive psychological manipulation of the victims (sometimes referred to as “grooming”), and was facilitated through the defendant’s projection of benevolence to the victims’ families. Vickers also established and operated a bed and breakfast on Seneca Lake, “Paradise on the Lake,” where he took the eventual victims in an effort to manipulate and gain their trust. The defendant also gave the victims alcohol, cigarettes, toys, and access to ATVs. 

Vickers cover was so devious, in fact, that both of the victims named in the indictment against the defendant had at one time been assigned to his custody by a Family Court Judge.      

The sentencing is the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, and the Batavia City Police Department under the direction of Chief Shawn Heubusch.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Donald Stirk, 36, of Albion, NY, who was convicted of importing α-PVP into the United States, was sentenced to 48 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on March 5, 2015, Customs and Border Protection officers in Memphis, Tennessee conducted a routine inspection of a package mailed from China and addressed to the defendant in Albion. The inspection revealed that the package contained α-PVP (sometimes known as “flakka”), a Schedule I controlled substance. On March 13, 2015, law enforcement officers inspected another package from China addressed to the defendant, this time at the Albion Post Office, which again revealed α-PVP.  Subsequent investigation revealed more such packages at the Albion Post Office. On April 15, 2015, officers performed a controlled delivery of several of the packages to the defendant at his Albion residence and then executed a search warrant at the residence revealing an additional quantity of α-PVP.

The sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Arlene Combs, 31, of Rochester, NY, who was convicted of racketeering, was sentenced today to 240 months by U.S. District Judge Richard J. Arcara.

“This case, which began with greed, ended in the murder of a senior citizen,” said U.S. Attorney Hochul. “As this sentence demonstrates, law enforcement will be relentless in pursuing each and every person responsible for Mr. Marciniak’s, regardless of role in that crime.”

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, said that Combs and co-defendant Rico Vendetti hired three men, Donald Griffin, Albert Parsons, and Juan Javier, to travel from Rochester to the Medina, NY home of 78 year old Homer Marciniak to steal Marciniak’s valuable comic book collection in exchange for $1,000 each.

In executing their plan, in the early morning hours of July 4, 2010, Combs, along with Griffin, Parson, and Javier, drove from Rochester to Medina and cut Marciniak’s phone line.

In the early morning hours of the following day, July 5, 2010, the defendants returned to Marciniak’s home. Wearing ski masks and gloves, Griffin, Parsons, and Javier forcibly entered and during the course of the burglary, Marciniak, who had a serious heart condition, awoke and confronted the burglars. Griffin struck Marciniak in the face and then, along with Javier, bound his hands with bed linens. Javier then verbally threatened Marciniak with a BB gun in hand. Parsons, Griffin, and Javier ultimately located the comic book collection along with several strong boxes containing cash, coins, and other valuables.

After Griffin, Parsons, and Javier fled the scene with Combs, Marciniak freed himself and was taken to Medina Memorial Hospital for treatment of his facial injuries. However, after Marciniak was treated and released, he suffered a heart attack, was re-admitted to the hospital, and died shortly thereafter. Medical experts concluded that the blow Griffin struck, as well as the emotional trauma caused by the burglary, directly contributed to Marciniak’s cardiac arrest and resulting death.

Griffin, Parsons, and Javier gave the comic books to Combs who, along with another codefendant, Terry Stewart, took the comic books to Vendetti later in the day on July 5. Once Vendetti learned that the burglary resulted in Marciniak’s death, however, Vendetti disposed of the comic books.

Law enforcement officials within the Rochester Police Department identified the defendants during the course of separate investigation in October 2010.  The defendants were arrested soon thereafter. In February and March 2011, Combs attempted to persuade Javier to not communicate with law enforcement about the July 2010 burglary and subsequent death of Homer Marciniak. 

The burglary grew out of an organized shoplifting ring that stole hundreds of thousands of dollars in merchandise from retail stores such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops, and Wegmans. Vendetti, the former owner of Eastside Gold & Car Audio, formerly in Rochester, New York, along with codefendant, Dayon Shaver, purchased the stolen merchandise for 25¢ on the dollar and then sold the stolen merchandise on eBay for about half of its retail value, primarily to out-of-state customers.

Also convicted in connection with this case:

• Rico Vendetti was convicted of racketeering and is scheduled to be sentenced on April 20, 2016.
• Donald Griffin was convicted of committing a violent crime in aid of racketeering: murder, and is scheduled to be sentenced on April 7, 2016.
• Albert Parsons was convicted of a violent crime in aid of racketeering: assault resulting in bodily injury, and is scheduled to be sentenced in May 2016.
• Juan Javier, who was 17 at the time of the burglary, was prosecuted as an adult in Orleans County and sentenced to seven years in state prison.
• Terry Stewart was convicted of racketeering and was sentenced to 55 months in federal prison.
• Dayon Shaver was convicted of conspiring to traffic in stolen goods across state lines on March 21, 2016, and was sentenced to 46 months in federal prison.
• Brandon Meade was convicted of conspiring to traffic in stolen goods across state lines and was sentenced on January 21, 2016 to time-served after serving nine months in federal prison.

The sentencing is the result of an investigation on the part of Special Agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Craig Hanesworth, the Orleans County Sheriff’s Department, under the direction of Sheriff Scott Hess, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn, the Medina Police Department, under the direction of Chief Jose Avila and Officers from the Rochester Police Department, under the direction of Chief Michael Ciminelli. Special assistance was provided by Orleans County District Attorney Joseph Cardone.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Allen M. Young, 39, of Barker, NY, pleaded guilty to possession with intent to distribute methylone, before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.

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

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

Peter Viera has also been convicted and will be sentenced on May 5, 2016.
 
The plea is the result of an investigation on the part of the Orleans County Major Felony Crime Task Force, under the direction of District Attorney Joseph V. Cardone and Sheriff Randall Bower, and the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.

Sentencing is scheduled for June 17, 2016, at 10:30 a.m. before Chief Judge Geraci.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a 46 count superseding indictment charging 16 officers and members of the Kingsmen Motorcycle Club (KMC) in a major racketeering operation that involved high ranking officials including the national president, regional and chapter presidents. Ten of the defendants are from Western New York.

“With today’s indictment, an era of violence perpetrated upon so many communities across this country by a single criminal enterprise has now come to an end,” said U.S. Attorney Hochul.  “As this case demonstrates, law enforcement from across this region will not rest until all who would harm the peace and safety of our residents are brought to justice, regardless of where those threats originate.”

Named in the indictment are:

• David Pirk, 65, KMC National President; • Andre Jenkins, 37, KMC member, Nomad; • Timothy Enix, 56, KMC member, Florida/Tennessee Regional President; • Filip Caruso, 51, KMC member, New York Northern Regional President; • Edgar Dekay, 34, KMC member, North Tonawanda Chapter President, Nomad President; • Jason Williams, 41, KMC member, North Tonawanda Chapter Vice President; • Thomas Koszuta, 52, KMC member, Nomad; • Gregory Willson, 50, KMC member, Nomad; • Emmett Green, 44, KMC member, Arcade/Delevan Chapter President, New York Southern Tier Regional President, and New York Regional President; • Robert Osborne, Jr., 37, KMC member, Olean Chapter President; • Stanley Olejniczak, 51, KMC member; • Jack Wood, 45, KMC member, Arcade Chapter Sergeant at Arms; • Ryan Myrtle, 32, KMC member, North Tonawanda Chapter President; • Thomas Scanlon, 46, KMC member, Olean  Chapter President, Nomad, and New York Regional President; • Glen Stacharczyck, 49, KMC member  and  North Tonawanda Chapter President;    • Sean McIndoo, 42, KMC member and Nomad.

The charges include: Rico Conspiracy; Possession of Firearm In Furtherance of a Crime of Violence; Conspiracy to Distribute Cocaine; Possession with Intent to Distribute Cocaine; Using and Maintaining a Premises for Drug Dealing; Distribution of Marijuna; Possession of Firearms in Furtherance of Drug Trafficking Crimes; Felon in Possession of Firearm; Hobbs Act Conspiracy; Hobbs Act Robbery; Assault with Dangerous Weapon in of Racketeering; Use of Firearm During and in Relation to Crimes of Violence; Attempted Murder in Aid of Racketeering; Murder in Aid of Racketeering; Possession and Discharge of a Firearm in Furtherance of a Crime; Accessory after the Fact; Obstruction of Justice; False Statements before Grand Jury; User of Controlled Substance in Possession of Firearms; Distribution of Cocaine; and Distribution of Marijuana.

The charges carry a mandatory minimum penalty of five years in prison, a maximum penalty of life in prison and a $500,000 fine.

Assistant U.S. Attorneys Caleb J. Petzoldt and Joseph M. Tripi, who are handling the case, stated that according to the indictment, beginning in 2013, certain KMC members wanted to establish the KMC as a 1% club. The 1% refers to a previous statement by a representative of the American Motorcycle  Association that  99%  of  motorcyclists were  law-abiding  citizens with the remaining 1% engaged in certain activities such as drug trafficking, firearm trafficking, and acts of violence.

Acts of violence allegedly committed by the KMC include:

• In September 2014, defendant KMC President David Pirk told defendant Andre Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel "DJ" Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on September 6, 2014. 

• On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood. As a result of assault, defendant Willson was elevated to the position of Nomad within the KMC. A KMC Nomad was a KMC member that was not required to regularly attend meetings but was expected to serve the interests of the KMC enterprise including fighting other clubs and committing violent crimes.  

• On September 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.   
 
Fifteen of the defendants are in custody and the remaining defendant is expected to be taken into custody soon.

The superseding indictment is the culmination of the an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. Assisting in the investigation: the FBI Knoxville, TN, and Jacksonville, FL Field Offices, Immigration and Customs Enforcement, Homeland Security Investigations, the Erie County Sheriff’s Office, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York State Police, the Olean Police Department, the Lancaster Police Department, the Amherst Police Department, the Town of Tonawanda Police Department, the Niagara Frontier Transportation Authority Police, the Cattaraugus County Sheriff’s Department, the Hamburg Police Department.    
 
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Feng Yang Chen, 40, Liang Liang Guo, 30, and Cheng Qi Li, 27, all of Flushing, NY, were arrested and charged by criminal complaint with violating the Travel Act and conspiracy to violate the Travel Act. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated according to the complaint, that the defendants used the website Backpage.com to promote a multi-state prostitution organization. They posted advertisements on Backpage.com which led to encounters with prostitutes in Tonawanda, NY as well as other cities and states. The complaint further states that the defendants operated a call center in Flushing, Queens that scheduled meetings between prostitutes and their clients.

The defendants made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and were released on conditions.

The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, the New York Police Department, under the direction of Chief William J. Bratton and the South Portland, Maine Police Department, under the direction of Chief Edward Googins.

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 Feng Yang Chen, 40, Liang Liang Guo, 30, and Cheng Qi Li, 27, all of Flushing, NY, were arrested and charged by criminal complaint with violating the Travel Act and conspiracy to violate the Travel Act. The charges carry a maximum penalty of five years in prison and a $250,000 fine.

Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated according to the complaint, that the defendants used the website Backpage.com to promote a multi-state prostitution organization. They posted advertisements on Backpage.com which led to encounters with prostitutes in Tonawanda, NY as well as other cities and states. The complaint further states that the defendants operated a call center in Flushing, Queens that scheduled meetings between prostitutes and their clients.

The defendants made an initial appearance today before U.S. Magistrate Judge Jeremiah J. McCarthy and were released on conditions.

The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, the New York Police Department, under the direction of Chief William J. Bratton and the South Portland, Maine Police Department, under the direction of Chief Edward Googins.

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 a federal grand jury has returned an indictment charging Hoeub Chan, 35, of Rochester, NY, with possession of contraband in prison and making false statements to the United States Marshal Service. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the indictment, Chan, who was sentenced to federal prison in January 2016, smuggled Oxycodone and Dextroamphetamine into custody in the seams of his shirt, socks, and hidden in his shoes. The defendant made multiple false statements to deputies with the Marshal  Service while being processed in which he denied possessing any contraband.

Chan was sentenced to federal prison on January 6, 2016 following his conviction for conspiracy to commit mail fraud. In that case, the defendant and his co-conspirators engaged in a scheme to defraud Rochester Electric and Gas by re-routing closed account payments. As a result of that scheme, Chan obtained over $72,000, which he was also ordered to repay.

Today’s indictment is the culmination of an investigation conducted by the United States Marshals Service, under the direction of Marshal Charles Salina.

Chan was arraigned this morning before U.S. Magistrate Judge Jonathan W. Feldman.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Alicia Wilson, 36, of Jamestown, NY, pleaded guilty to access device fraud before U.S. District Judge Richard J. Arcara. The charge carries a penalty of 10 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Marie Grisanti, who is handling the case, stated that Wilson, an in-home health care aid, applied for credit cards in the names of the elderly couple she cared for. The defendant used the credit cards online and at local retail establishments in Jamestown and Erie, Pennsylvania, and withdrew cash from local banks. Losses suffered by Bank of America, Capital One and Citizen’s Bank totaled more than $25,000. 

The plea is the result of an investigation by the United States Postal Inspection Service under the direction of Inspector in Charge Shelly Binkowski.
 
Sentencing is scheduled for June 27, 2016 at 12:30 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal jury has found Willie Harris, 46, of Rochester, NY, guilty of possession of cocaine with intent to distribute and being a felon in possession of ammunition and a firearm. The charges carry a maximum penalty of 30 years in prison and a fine of $2,000,000 or both.                

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

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

The conviction is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.

Sentencing is scheduled for June 18, 2016, at 2:00 p.m. before U.S. District Judge Elizabeth A. Wolford who presided over the trial of the case. 

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Duke Jimenez, 33, of Buffalo, NY, was arrested and charged by criminal complaint with production and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.  

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in September 2015, Buffalo Police learned that Jimenez sexually abused a four year old girl (Victim 1) he had been babysitting since 2012. In addition, the defendant took pictures of the girl with his cellular telephone. Jimenez was arrested by Buffalo Police on multiple charges.

In October 2015, Buffalo Police interviewed Victim 1’s older brother who told officers the defendant would take the girl into an upstairs bedroom alone and close the door. The brother also told officers he heard screaming and crying from the bedroom. He also observed that when his sister came out of the bedroom, she was crying and sad.

In November 2015, Buffalo Police interviewed Victim l's aunt, who was the girlfriend of the defendant. She stated that she and Jimenez have been babysitting Victim 1 since she was six-months-old and that based on her work schedule, the defendant was alone with Victim 1 approximately 100 times. The aunt also told officers about several suspicious incidents including a time that she stopped at home unannounced and saw Jimenez standing at the top of the stairs.  The aunt asked where Victim 1 was and the defendant said she was in the bathroom. However, the aunt observed Victim 1exit the bedroom.

On March 10, 2016, Buffalo Police obtained a search warrant for the cell phone. A subsequent review revealed that the phone contained an SD memory card. A review of the card revealed 14 images of child pornography depicting Victim 1. 

Jimenez made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer. The defendant is detained pending a detention hearing on March 24, 2016 at 11:00 a.m.  

The criminal complaint 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 Sheriff’s Office.

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

ROCHESTER, NY – Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo Division announced today that Mufid Elfgeeh, 32, of Rochester, NY, who was convicted of attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, was sentenced to 270 months in prison and 27 years supervised release by U.S. District Judge Elizabeth A. Wolford. 

“Mufid Elfgeeh’s sentence holds him accountable for his attempt to provide material support to ISIL, including his efforts to recruit individuals and raise funds for the designated terrorist group,” said Assistant Attorney General Carlin. “ISIL’s horrific violence is waged against men, women and children, as well as against Muslims and non-Muslims alike.  The National Security Division will continue to vigorously investigate and prosecute anyone who seeks to provide material support to the designated foreign terrorist organization.”

“Thanks to today's sentence, one of the first ISIL recruiters ever captured has been brought to justice and will now serve a very long jail sentence,” said U.S. Attorney Hochul. “But while this case strikes a significant blow against ISIL killers and wannabes, our ongoing efforts to eradicate terrorist groups will continue until all are brought to justice.  As it did in this case, the public should continue to report to law enforcement any suspicious individuals or activities and thereby promote and protect the wonderful WNY area we call home.”    
 
“While we are confident that keeping Mr. Elfgeeh in prison for the next two decades will keep us safer, there continues to exist a pervasive, persistent and ever-changing terrorism threat,” said FBI SAC Adam S. Cohen. “This threat remains among the highest priorities for the FBI and the intelligence community.”
According to court documents, from December 2013 through May 31, 2014, Elfgeeh actively recruited and attempted to send two individuals – both of whom were cooperating with the FBI at the time – to Syria to join and fight on behalf of ISIL. 
 
Elfgeeh sent anti-American ISIL propaganda videos to one of the individuals and arranged for an English-speaking ISIL contact located in Iraq to communicate with that person over Facebook. In addition, Elfgeeh paid more than $240 for that individual to obtain a copy of his birth certificate, passport photographs and an expedited passport.  Elfgeeh also purchased a laptop computer and a high-definition action camera for both individuals to take to Syria. The defendant further provided guidance to them about traveling so that they could avoid detection and be prepared for the vetting process involved in joining ISIL. In May 2014, Elfgeeh arranged for an overseas contact to coordinate the logistics of the trip and the admission of both individuals into ISIL-controlled territory in Syria. 
 
According to court documents, Elfgeeh also sent $600 to a third individual in Aden, Yemen, in an effort to assist that individual in traveling from Yemen to Syria for the purpose of joining and fighting on behalf of ISIL. 
 
In March 2014, Elfgeeh communicated with a Syrian national alleged to be the military commander of the Green Battalion of the United Rebels of Homs-Al-Murabitun, a group of fighters located in Homs, Syria.  At the time, the battalion was blockaded in Homs and needed military support, including ammunition, mortar shells and explosives that could penetrate armored vehicles, to break out.  Elfgeeh facilitated communication and coordination between the battalion commander and ISIL leadership for the purpose of the commander and his battalion pledging their allegiance to and joining ISIL.
 
In addition to all of the other criminal conduct, Elfgeeh used social media to receive and disseminate information about foreign terrorist groups and their activities in Syria and other countries; to declare his support for violent jihad, ISIL and other foreign terrorist groups; to inspire and encourage others to engage in violent jihad and/or pledge allegiance to ISIL and other foreign terrorist groups; and to seek financial contributions to assist jihadist fighters. 

The case was investigated by the FBI’s Rochester Joint Terrorism Task Force (JTTF).  The case was prosecuted by Assistant U.S. Attorneys Brett A. Harvey and Frank H. Sherman of the Western District of New York with the assistance of Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.

Mufid Elfgeeh, 32, of Rochester, New York, was sentenced to 270 months in prison by U.S. District Judge Elizabeth A. Wolford of the Western District of New York for attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.

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

“Mufid Elfgeeh’s sentence holds him accountable for his attempt to provide material support to ISIL, including his efforts to recruit individuals and raise funds for the designated terrorist group,” said Assistant Attorney General Carlin.  “ISIL’s horrific violence is waged against men, women and children, as well as against Muslims and non-Muslims alike.  The National Security Division will continue to vigorously investigate and prosecute anyone who seeks to provide material support to the designated foreign terrorist organization.”

“Thanks to today’s sentence, one of the first ISIL recruiters ever captured has been brought to justice and will now serve a very long jail sentence,” said U.S. Attorney Hochul.  “But while this case strikes a significant blow against ISIL killers and wannabes, our ongoing efforts to eradicate terrorist groups will continue until all are brought to justice.  As it did in this case, the public should continue to report to law enforcement any suspicious individuals or activities and thereby promote and protect the wonderful WNY area we call home.”    

“While we are confident that keeping Mr. Elfgeeh in prison for the next two decades will keep us safer, there continues to exist a pervasive, persistent and ever-changing terrorism threat,” said Special Agent in Charge Cohen.  “This threat remains among the highest priorities for the FBI and the intelligence community.”

According to court documents, from December 2013 through May 31, 2014, Elfgeeh actively recruited and attempted to send two individuals – both of whom were cooperating with the FBI at the time – to Syria to join and fight on behalf of ISIL. 

Elfgeeh sent anti-American ISIL propaganda videos to one of the individuals and arranged for an English-speaking ISIL contact located in Iraq to communicate with that person over Facebook.  In addition, Elfgeeh paid more than $240 for that individual to obtain a copy of his birth certificate, passport photographs and an expedited passport.  Elfgeeh also purchased a laptop computer and a high-definition action camera for both individuals to take to Syria.  The defendant further provided guidance to them about traveling so that they could avoid detection and be prepared for the vetting process involved in joining ISIL.  In May 2014, Elfgeeh arranged for an overseas contact to coordinate the logistics of the trip and the admission of both individuals into ISIL-controlled territory in Syria. 

According to court documents, Elfgeeh also sent $600 to a third individual in Aden, Yemen, in an effort to assist that individual in traveling from Yemen to Syria for the purpose of joining and fighting on behalf of ISIL. 

In March 2014, Elfgeeh communicated with a Syrian national alleged to be the military commander of the Green Battalion of the United Rebels of Homs-Al-Murabitun, a group of fighters located in Homs, Syria.  At the time, the battalion was blockaded in Homs and needed military support, including ammunition, mortar shells and explosives that could penetrate armored vehicles, to break out.  Elfgeeh facilitated communication and coordination between the battalion commander and ISIL leadership for the purpose of the commander and his battalion pledging their allegiance to and joining ISIL.

In addition to all of the other criminal conduct, Elfgeeh used social media to receive and disseminate information about foreign terrorist groups and their activities in Syria and other countries; to declare his support for violent jihad, ISIL and other foreign terrorist groups; to inspire and encourage others to engage in violent jihad and/or pledge allegiance to ISIL and other foreign terrorist groups; and to seek financial contributions to assist jihadist fighters. 

The case was investigated by the FBI’s Rochester Joint Terrorism Task Force (JTTF).  The case was prosecuted by Assistant U.S. Attorneys Brett A. Harvey and Frank H. Sherman of the Western District of New York with the assistance of Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Deon Allen, also known as “Slick,” 21, of Buffalo, NY, who was convicted of committing a violent crime in aid of a racketeering enterprise, was sentenced to 120 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $20,529.91 in restitution to Independent Health, Medicaid and Univera Health Care for medical bills incurred by the victims in the case.  

According to Assistant U.S. Attorney Anthony M. Bruce and Assistant Erie County District Attorney Paul Parisi, who is working as a Special Assistant U.S. Attorney, Allen was a member of the Bailey Boys, a criminal gang involved in distributing cocaine and acts involving murder and robbery. In an effort to raise his standing with other members of the Bailey Boys, the defendant and others committed a drive-by shooting on July 29, 2011 at 211 Shirley Avenue in Buffalo which left three individuals wounded. Two of the victims suffered superficial wounds but a third, identified as “JM,” was shot in the shoulder and spent more than two months in the Erie County Medical Center recovering from his injuries.

Allen was arrested along with 10 other Bailey Boys Gang members. He is the first conviction in the case.  The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.  

The sentencing is the result of an ongoing investigation into the activities of the Bailey Boys and other criminal gangs being conducted by the United States Attorney’s office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney Michael Flaherty, the Homicide Bureau of the Buffalo Police Department, under the command of Police Commissioner Daniel Derenda, the Federal Bureau of Investigation Safe Streets Task Force, under the Direction of Special Agent in Charge Adam S. Cohen, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard.

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

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Aaron Lucas, aka B-Wise, 38, of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison. 

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, between October 25 and October 28, 2015, the defendant possessed a .22 caliber semi-automatic rifle. Lucas was convicted in 2003 of a felony charge in state court and as a result is prohibited from legally possessing a firearm.  

The defendant will be arraigned on March 30, 2016 at 10:00 a.m. before U.S. Magistrate Judge Michael J. Roemer.

The indictment is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
 
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.

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

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Damien Hicks-Bailey, 21, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute and distribution of heroin.  The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 
 
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the complaint, on July 1, 2015, the defendant exchanged heroin for cash with a man at a 7-11 store in West Seneca, NY. Later that day, the man was discovered deceased at his apartment in West Seneca. A plastic baggy with a white powdery substance was discovered in the man's bedroom. The substance later tested positive for heroin.  Subsequent investigation uncovered store security video which captured the interaction between the defendant and the adult male.    
 
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on March 18, 2016 at 12:00 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 West Seneca Police Department, under the direction of Chief Daniel Denz.
 
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 a federal grand jury has returned a 13 count superseding indictment charging James E. Sandford, III, 28, of Penn Yan, NY, with narcotics conspiracy, distribution of controlled substances within 1,000 feet of a school, distribution of controlled substances to persons under age 21, possession of various controlled substances with intent to distribute them, possession of a firearm in furtherance of a drug trafficking crime, possession of a stolen firearm, possession of a firearm by a felon, and witness tampering. The drug charges carry a maximum penalty of life in prison and a $2,000,000 fine.

Assistant U.S. Attorney Jennifer Noto, who is handling the case, stated that according to the superseding indictment, the defendant distributed synthetic cannabinoids (designer drugs) between July 2014 and March 24, 2015, in the Penn Yan area. During that time period, Sanford distributed synthetic controlled substances and controlled substance analogues, which are designed to mimic the effects of controlled substances, to individuals under the age of 21 and also within 1000 feet of St. Michael’s School, a private elementary school in Penn Yan.

The superseding indictment further states that on February 22, 2015, the defendant traded synthetic cannabinoids with a minor in exchange for a stolen Savage .410 double barrel shotgun. At the time, the defendant had two prior felony convictions preventing him from legally possessing a gun.

The defendant was initially arraigned on a criminal complaint in the Western District of New York on June 4, 2015. Subsequent to his arrest on the federal charges, Sanford attempted to intimidate and threaten a suspected witness against him by shouting to that individual: “I’m not going to be in jail long. I will see you on the outside you snitch,” with the intent to influence, delay or prevent the testimony of that suspected witness in the prosecution of defendant. 

Sanford will be arraigned on Tuesday, March 22, 2016 before U.S. Magistrate Judge Marian W. Payson. He is being detained pending trial in this matter. 

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 Office, the Penn Yan Police Department, under the direction of Chief Mark Hulse, the Yates County Sheriff’s Department, under the direction of Ronald Spike, and the Yates County District Attorney’s Office, under the direction of Valerie Gardner.

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.