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 William Martin, Jr., of Rochester, NY, who was convicted of enticement, was sentenced to 10 years in prison and 20 years supervised release by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that in February 2015, the Rochester Police Department was alerted to text message communications between the defendant and a 14 year old girl as well as the exchange of provocative photographs on Facebook. The minor victim later told police that the two exchanged naked photos and one video.
 
The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Craig Hanesworth, and the Gates Police Department, under the direction of Chief James VanBrederode. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned an indictment charging Richard Petix, 30, of Rochester, NY, with operating an unlicensed money transmitting business and making material false statements, and a separate indictment charging Zhe Wang, 20, and Kevin Szura, 20, both of Queens, NY, with conspiracy to distribute controlled substances, money laundering conspiracy, money laundering, and conducting a monetary transaction in criminally derived property. Petix faces five years in prison on each of his charges. Wang and Szura face up to 20 years in prison.

“This case demonstrates the ever-growing ways in which the virtual world is intersecting with, and being exploited by, real life crime and criminals,” said U.S. Attorney Hochul. “Those involved in such illicit activities should know that law enforcement is prepared to track them into the deep and dark portions of the web in order to bring criminals to justice.”

"Dismantling the fraudulent financial operations of transnational criminal organizations is critical because these groups can succeed only so long as they can funnel their illicit proceeds freely and without detection,” said J. Michael Kennedy, Acting Special Agent in Charge of Homeland Security Investigations. "HSI will continue to aggressively target illegally functioning new alternatives to traditional financial institutions that deliberately enable businesses and individuals to further their criminal schemes."

Assistant U.S. Attorney Wei Xiang, who is handling the cases, stated that according to the indictment against Petix and a previously filed criminal complaint, the defendant lied to federal probation officers and law enforcement agents about his ownership and use of a laptop computer and a smartphone. Petix is on supervised release for a 2009 federal child pornography conviction and must notify probation of any computers he uses. The defendant must also allow law enforcement to examine any computer if suspicious activity is suspected. On October 20, 2015, Petix told his probation officer that he did not use any computers or the Internet.

However, on December 3, 2015, Petix conducted a bitcoin sale with an undercover federal agent. Using his laptop computer and smartphone, the defendant transferred 37 bitcoins worth approximately $13,000 to the agent. But when confronted by federal probation officers at the scene, Petix claimed that the laptop and smartphone were not his.  Between August 2014 and December 3, 2015, Petix is accused of unlawfully operating a bitcoin-exchange business that sold approximately $200,000 in bitcoins.

According to the indictment of Wang and Szura and a previously filed criminal complaint, between March 2015 and March 7, 2016, the defendants did and conspired to purchase and attempt to purchase approximately $74,000 in bitcoins. Wang and Szura used proceeds of drug sales to buy the bitcoins, and then used the bitcoins to buy bulk quantities of drugs off the dark web for further distribution. Wang and Szura mainly dealt with Xanax bars, which contain the controlled substance alprazolam, that they allegedly imported from Canada, but also conspired to distribute mollies (MDMA).

According to the complaint, in October 2015, defendant Wang was one of four individuals arrested by the Erie County Sheriff’s Office on state controlled substance charges. During the execution of a search warrant at 72 Winspear Avenue in Buffalo, officers seized approximately 2,500 bars of Xanax.

When Wang and Szura were arrested on March 7, 2016 by federal agents, they were attempting to purchase approximately $8,000 in bitcoins to buy more Xanax. The defendants had a total of over $30,000 in their possession. Defendant Szura had also brought some Xanax pills for an undercover agent to sample.

Bitcoin is a “virtual” currency, that is, a medium of exchange that operates like a currency in some primarily Internet-based environments, but does not have all the attributes of real currency, such as legal tender status. Bitcoin is a “convertible” virtual currency in that it has an equivalent value in real currency and acts as a substitute for real currency. This equivalent value is not determined by any authority or entity; rather, it floats on the open market, with its price subject to variations in global supply and demand. Between August 2014 and March 2016, the trading value of a bitcoin fluctuated between approximately $200 and $600 in United States dollars.

In order for a user to acquire bitcoins, they must be sent to the user’s Bitcoin address. This address is an alphanumeric string whose use is somewhat analogous to a bank account number. The user can then conduct transactions with other Bitcoin users, by transferring bitcoins to their Bitcoin addresses, via the Internet. Little to no personally identifiable information about the payer or payee is transmitted in a Bitcoin transaction. Only the Bitcoin addresses of the parties are needed for the transaction, which by themselves do not reveal any identifying information.

Bitcoin is not inherently illegal.  However, its anonymity has popularized it as a payment form of choice in black markets for illegal goods and services. Virtual currencies such as Bitcoin have created a shadow banking system for criminals who use Internet-based black markets. Bitcoin has been a preferred method of payment for leading dark web markets such as Silk Road. In the same way that the Internet revolutionized consumer commerce (for lawful purposes), an anonymized global payment system on an anonymized global black market has paved the way for people to access with ease a world’s array of contraband with the click of a button, rather than having to find and go to a drug dealer on a street corner.

Defendant Petix will be arraigned before U.S. Magistrate Judge Hugh B. Scott on March 15, 2016 at 10:00 a.m. Defendants Wang and Szura were arraigned before U.S. Magistrate Judge Michael J. Roemer on March 10, 2016.

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

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 Demario Stewart, 27, of Buffalo, NY, who was convicted of racketeering conspiracy involving murder and drug dealing, was sentenced to 216 months in prison by Senior U.S. District Judge William M. Skretny. The defendant is a member of the “Rounds Crew” led by Johnny Rounds.

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

Stewart was sentenced for his involvement in the July 10, 2009 murder of Brandon Haugabook on the corner of Paderewski and Townsend Streets in Buffalo.

Acts of violence by the Rounds Crew included the murders of two others who did not have any affiliation with gang activity, and the attempted murders of several others:

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

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

Several attempted murders and shootings of rival gang members.

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

Eight members of the Rounds crew have been convicted in this case including leader Johnny Rounds who is scheduled to be sentenced on March 30, 2016 at 9:00 a.m. 

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent in Charge Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division. Additional assistance was provided by the Erie County District Attorney's Office.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that John Tarell Grayson, 35, of Erie, PA, pleaded guilty to receipt of child pornography before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that the defendant requested and received sexually explicit pictures from a child who had not yet reached the age of 18.  The pictures were transmitted to the defendant via text message picture attachments on a cellular telephone.         

The plea is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Dunkirk Police Department, under the direction of Chief David ortolano.       

Sentencing is scheduled for June 15, 2016 at 11:00 a.m. before Judge Skretny.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Timothy DePetris, 46, of Niagara Falls, NY, who was convicted of bank fraud, was sentenced to 27 months in prison by Senior U.S. District Judge William M. Skretny.  The defendant was also ordered to pay restitution to M&T Bank totaling $177,509.32.  

Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that the defendant, as owner of Electro-Dyn Choke Corporation in Niagara Falls, caused payroll checks to be issued to him and another individual and negotiated the payroll checks even though he knew there were insufficient funds in corporation’s account at M&T Bank to cover the checks. As a result of the defendant’s conduct, M&T Bank suffered a loss of $177,509.32.   

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Ronald Dodd, 32, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute heroin, and possession and brandishing of a firearm in furtherance of a drug trafficking crime. The charges carry a combined mandatory minimum penalty of seven years in prison, a maximum of life, a fine of $1,250,000 or both.

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

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

Sentencing is scheduled for June 10, 2016 at 10:45 a.m. before Judge Siragusa.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Morrell Buster, 43, of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny, to possession with intent to distribute, and distribution of crack cocaine. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.   

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

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

Sentencing is scheduled for June 22, 2016 at 11:00 a.m. before Judge Skretny. 

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
 BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Acquest Transit, LLC, based in Amherst, NY, which was convicted of criminal contempt, was fined $250,000 and sentenced to two years probation by Senior U.S. District Judge William M. Skretny.

 Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Acquest Transit, LLC, was established to purchase an approximately 97-acre piece of property at 10880 Transit Road in Amherst. William L. Huntress served as the sole member and manager of Acquest Transit, LLC. On January 20, 2006, the defendant purchased the site for $425,000.

 In 2009, the Department of Justice instituted a civil proceeding alleging that the site purchased by Acquest contained federally protected wetlands. The civil action further alleged that the company was engaging in prohibited filling of the wetlands. 

On July 15, 2009, Judge Skretny issued a preliminary injunction ordering the defendant not to place additional fill or perform any additional earthmoving work at the site. On May 25, 2010, a farmer, acting on behalf of the defendant, performed mechanized activities on the site with agricultural equipment. These actions were a violation of Judge Skretny’s order, and the defendant acted willfully in violating the order.

 The sentencing is the culmination of an investigation by the Environmental Protection Agency under the direction of Special Agent in Charge, Vernesa Jones-Allen.

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 David Pfeiffer, 64, of Killbuck, NY, and Thomas Colton, 53, of Salamanca, NY, with conspiracy to commit mail fraud and mail fraud. Pfeiffer was also charged with making a false statement to a financial institution. The charges carry a maximum sentence of 30 years in prison and a $1,000,000 fine.  Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the prosecution, stated that according to the indictment, Pfeiffer and Colton conspired to defraud government agencies and the Disadvantaged Business Enterprise (DBE) Program. A business can be designated a DBE if at least 51% of the business is owned and controlled by socially and economically disadvantaged individuals. Since 1980, the U.S. the Department of Transportation has utilized the DBE Program in an effort to increase the number of minority and economically disadvantaged individuals who participate in construction projects that receive federal funding.

As set forth in the indictment, between May 2009 and 2013, Pfeiffer and Colton are accused of defrauding among others: • the U.S. Department of Transportation; • the New York State Department of Transportation; • the City of Niagara Falls, NY; • the Buffalo Urban Development Corporation (BUDC); and
• the Niagara Frontier Transportation Authority (NFTA).

Pfeiffer and Colton used Colton’s business, Sue-Perior Concrete and Paving, Inc., as a subcontractor on federal government contracts. Sue-Perior was used to allow Pfeiffer’s construction company Man O’ Trees to obtain government contracts that it would have otherwise been unable to obtain. Sue-Perior was qualified as a DBE by the NFTA based upon a fraudulent application submitted by Pfeiffer and Colton.  As a result of the alleged fraud, Pfeiffer and Colton illegally obtained government construction contracts involving at least three projects:

• the New York State Route 104 Project; • the Union Ship Canal Project; and
• the Gallagher Beach Project.

In total, the value of the three projects was approximately $15,500,000. General contractors are only permitted to count funds paid to DBE’s that performed a “commercially useful function.” The indictment alleges that Sue-Perior did not serve a commercially useful function in relation to these construction projects. In addition, the indictment alleges that Pfeiffer also submitted false personal financial statements to Five Star bank to obtain credit extensions for his businesses.  The defendants were arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and released on bond.

The indictment is the culmination of an investigation conducted by the Department of Transportation, Office of Inspector General, under the direction of Special Agent in Charge Douglas Shoemaker, the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Acting Special Agent in Charge Jonathan Mellone, New York Regional Office, 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 John K. Carrillo, 35, of Lake Charles, Louisiana, pleaded guilty to possession of child pornography before U.S. District Judge Richard J. Arcara.  The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on November 11, 2014, the defendant possessed images and videos of child pornography which were stored on a laptop computer. Carrillo obtained the images and videos over the internet. 

At the time, an undercover FBI agent logged onto a peer-to-peer sharing program downloaded 69 images and seven videos of child pornography directly from a username belonging to the defendant. At the time of this download, the defendant possessed the images and videos of child pornography on his laptop computer which was located in his residence in Williamsville, New York.

On February 27, 2015, while Carrillo was then living in Lake Charles, Louisiana, he was found to again be utilizing a peer-to-peer network to distribute child pornography.  Some of the images and videos depicted violence involving minors less than 12 years old. 

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

Sentencing is scheduled for June 13, 2016 at 12:30 p.m. before Judge Richard J. Arcara.

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

BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Keith Goss, 47, of Buffalo, NY, pleaded guilty to attempted possession with intent to distribute 100 kilograms or more of marijuana before U.S. District Judge Richard J. Arcara. The charges carry a minimum penalty of five years in prison, a maximum of 40 and a $5,000,000 fine.

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

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

Sentencing is scheduled for June 13, 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 Dewayne Gray, 31, aka Whip, and Erika Gray, 34, aka Tek, both of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara, to RICO conspiracy. In addition, Erika Gray pleaded guilty to conspiracy to possess with intent to distribute crack cocaine. Dewayne Gray faces a maximum penalty of life in prison and a $2,500,000 fine. Erika faces a mandatory minimum penalty of 10 years in prison, a maximum of life and an $8,000,000 fine.  

“This represents yet another instance where this office used racketeering charges to completely decimate a violent street gang,” said U.S. Attorney Hochul. “This office will continue to target such gangs until they are a thing of the past.”

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

As leader of the LRGP Gang, Dewayne Gray organized and managed gang members, and the narcotics distribution and sales. Dewayne Gray maintained 42 Memorial Drive and 29 Meyers Street in Buffalo for the purpose of manufacturing and distributing crack cocaine.

As an LRGP associate, Erika Gray participated in the distribution and crack cocaine and the racketeering activities of the gang. She was arrested in 2012 and released from custody but continued to distribute crack cocaine with other gang members out of residences on Houghton and Warren Avenues in Buffalo.  

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

Erika Gray is scheduled to be sentenced on June 15, 2016 at 12:30 p.m. Dewayne Gray will be sentenced on July 18, 2016 at 12:30 p.m., both before Judge Arcara.

BUFFALO, N.Y. –U.S. Attorney William J. Hochul, Jr. will serve as judge for the P.S. 69-Houghton Academy Moot Court. The moot court is part of a pilot program involving the United States Attorney’s Office and MAD DADS.

Once a week, approximately 30 students in grades 6, 7 and 8 have been learning about the basics of the legal system and what potential careers are available in the legal and law enforcement fields from members of the U.S. Attorney’s Office in partnership with MAD DADS. 

During the moot court, the students will serve on the prosecution and defense teams and the jury as one student faces a charge of “shoplifting.”

Media is welcome to attend the moot court which gets underway at 10:00 a.m. TOMORROW at P.S. 69-Houghton Academy, 1725 Clinton Street, Buffalo 14206.
 

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

ROCHESTER, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Jennifer Miller, 28, of Rochester, NY, who was convicted of conspiracy to commit sex trafficking of a minor was sentenced to 70 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in April 2013, Miller and another co-conspirator transported a minor to New Jersey and Pennsylvania in order for the minor to engage in commercial sex acts. The defendant used Backpage.com to post ads for the minor. Miller also transported the minor to Pennsylvania another time knowing that the minor would be engaging in commercial sex acts.

Miller was arrested in April 2014 along with Jodia Campbell and Laree Greggs. Charges are pending against defendants Campbell and Greggs. 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.

Jodia Campbell and Laree Greggs have been convicted and are awaiting sentencing.

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Child Exploitation Task Force, which includes the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County Sheriff’s Office, under the direction of Chief Patrick O’Flynn, and Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Richard W. Mar, 64, of Monterey, California, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, before U.S. District Judge Charles J. Siragusa. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $2,000,000 fine.

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

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

The plea is part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants – including Mar – were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. All of the defendants – Mar; McAuley, Boon; Gordon L. Montgomery; Jeffrey A. Tyler; Richard E. Riedman; and Paul Griffin, have been convicted. Judge Siragusa sentenced Griffin to probation and Riedman to 37 months in prison; the remaining defendants are awaiting sentencing.  

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

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

Mar is scheduled to be sentenced on June 9, 2016, at 11:00 a.m. before Judge Siragusa.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Oliver Kimmons, 48, and Kathlyn Ventura, 24, both of Lockport, NY, were arrested and charged by criminal complaint with possession with intent to distribute heroin and crack cocaine. The charge carries 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 according to the complaint, the defendants are accused of selling heroin and crack cocaine in the City of Buffalo and the Lockport area.

As part of the federal investigation, Kimmons and Ventura were identified as “retail dealers” in a larger narcotics conspiracy. According to the complaint, Kimmons obtained narcotics from his brother Joseph Thompson and Thompson obtained his narcotics from Trent Hamilton and Troy Gillon. Thompson has been indicted on charges of possession with intent to distribute heroin, crack cocaine and fentanyl. Hamilton has been indicted on charges of conspiracy to possess with intent to distribute and to distribute heroin, and possession with intent to distribute and to distribute heroin. Gillon has been indicted on charges of conspiracy to possess with intent to distribute heroin, fentanyl, and cocaine and possession with intent to distribute heroin, fentanyl and cocaine. 

The defendants made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and are being detained pending a detention hearing on March 9th, 2016 at 10:30 a.m.

The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Lockport Police Department, under the direction of Chief Michael Niethe and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.

The fact that a defendants have been charged with a crime is merely an accusation and the defendants are 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 Kenneth Harper, a/k/a Frenchy, a/k/a Pudge, 34, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute 28 grams or more of crack cocaine, and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 15 years prison by Chief U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Harper was identified during a long term wiretap investigation targeting a Rochester-based drug-trafficking organization which obtained kilogram quantities cocaine from Brooklyn, NY. The cocaine was transported to Rochester where it was processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple distributors in the Greater Rochester area, including Harper. 

Harper was arrested February 9, 2015 at 418 Lyell Avenue with Robert Wilson, a/k/a Bose, during the execution of a search warrant at that location. Officers also executed a search warrant at 295 Smith Street, another location used by Harper to traffic cocaine. Between the two locations, officers seized 29 bags of crack cocaine packaged for street sale, marijuana, a stolen Smith & Wesson, .357 caliber handgun loaded with five rounds of live ammunition, over $3,000 in U.S. currency, multiple cell phones, and paraphernalia for the packaging, processing, and distribution of cocaine such as beakers, digital scales, plate, strainer, sandwich bags, and baking soda.

On February 9 and 10, 2015, officers executed numerous additional search warrants in Rochester and in Brooklyn, and arrested Edward Mighty, Seymour Brown, Andre Taylor, a/k/a Stamma, Ricardo Bailey, a/k/a Diji, Desmond Bice, a/k/a Dez, and Christopher Samuels, a/k/a Cutty, all of Rochester, and Winifredo Gonzales, of Brooklyn.  Desmond Bice is the only defendant who has not been convicted and still has charges pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, 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 Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.  

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a 41 count indictment charging Alan Ceccarelli, 30, of Buffalo, NY, with wire fraud, conspiracy to commit wire fraud, aggravated identity theft, and distribution of alprazolam and buprenorphine. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Maura O’Donnell, who is handling the case, stated that according to the indictment, Ceccarelli was the owner and managing member of a debt collection business known by multiple names including G&B Check Services, Check & Arbitration Services, Dudley & Associates, National Check Services, Regional Mediation, Regional ACH Services, Franklin & Ruggiero, and ACH Regional Debt & Recovery Services. The defendant used a variety of aliases including Steve Jantrowski, Daniel Hamilton, Scott Richmond, Seth Galbert, Matthew Pacifico, Joshua Gable, Raymond Foy, Robert Header, Kyle Thill, William Starnes, Robert Laroski, Andre Spencer, and Sean Wagoner.

The indictment further states that between January 2013 and January 2016, Ceccarelli routinely tricked and coerced thousands of victims throughout the United States into paying debts whether or not the debts were actually owed. The defendant and collectors working for him caused victims to send money in various ways including credit and debit card payments, and prepaid debit cards such as Western Union. The indictment alleges that Ceccarelli’s company collected approximately $1,022,000 during the course of the scheme. Some of the money was paid to “collectors” working for the defendant.

In order to coerce victims into paying the purported debts, “collectors” falsely told victims:

• The Company was affiliated with local government and law enforcement agencies; • The victims had committed criminal acts, and if they did not pay the debt immediately, warrants or other process would be issued, at which point they would be arrested or summoned to court; • The Company was a law firm or mediation firm and/or that the Company's employees were working with lawyers, a law firm, mediators, or arbitrators; • A civil lawsuit would be filed, or was pending, against the victims for failing to pay their debts; and
• The caller was physically located in the vicinity of the victim’s home or place of business, and would be coming to the home or office imminently to serve the victim with process if the victim did not immediately make payment arrangements. 
 
As part of the scheme, the company utilized a technique known as “spoofing” which made it appear to victims that telephone calls originated from police departments, government offices, and attorney offices located within the geographical vicinity of the victim. In addition, the defendant frequently collected debts that the company did not actually own or have the right to collect. As a result, when a victim made a payment to the company or to Ceccarelli, the payment did not satisfy any debt actually owed by the victim.  

Ceccarelli obtained what is known as preview lists from debt brokers. These lists are not intended by the brokers to be used to collect debts, but rather to determine whether a collection agency wants to purchase a particular debt portfolio.  The defendant kept the lists and used commercial databases to find and fill in the missing data from the lists, such as social security numbers, dates of birth, telephone numbers, and other personal information. 

According to the indictment, the defendant also preyed upon individuals who had filed bankruptcy in an attempt to collect on debts owed by those individuals. Ceccarelli utilized “spoofing” techniques making it appear to victims that calls were originating from the office of the victim’s bankruptcy attorney. The defendant or his collectors told victims:

• The caller was a representative of the office of the victim’s bankruptcy attorney or an associate of that attorney; • The victim had an outstanding debt which had not been included in their bankruptcy filing; • As a result, the victim would be subject to criminal charges and/or have a warrant issued for his or her arrest if they did not pay the debt or make arrangements to pay the debt immediately; and
• The victim could satisfy the outstanding debt by making an immediate payment in accordance with the instructions given. 

It is also alleged in the indictment that the defendant distributed alprazolam, a Schedule IV substance, and buprenorphine, a Schedule III substance.  

The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained pending a detention hearing on March 14, 2016 at 2:00 p.m.

The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. 

 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 Raymond Crum, 61, of Cheektowaga, NY, were arrested and charged by criminal complaint with production, receipt and possession of child pornography. The charges carry

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 8, 2015, the Bardstown Middle School contacted the Bardstown, Kentucky Police Department regarding a student (victim 1). Following interviews with victim 1, it was determined that an adult male by the name of “Ray” had been corresponding with victim 1 through internet chats, telephone, and electronic mail in an effort to establish a Dominance and Submission relationship. Victim 1 told police that she began communicating with “Ray” in October 2014 when victim 1 was 12 years old. The communication continued until police seized her telephone and electronic tablet. Victim 1 told police they met on the internet but eventually started talking on the telephone. In June 2015, victim 1 identified Crum in a police photo array. 

The defendant and victim 1 communicated primarily on the social media application Kik. Victim 1 told police Crum sent her “dirty” and “inappropriate” messages. Victim 1 eventually sent the defendant live pictures through Kik but they did not contain nudity. Victim 1 did send digital images to Crum with and without clothes on.
 
On August 5, 2015, officers executed a search warrant at Crum’s residence and seized multiple items including a Hewlett Packard Mini Notebook. A forensic examination of the Notebook uncovered additional child victims including a 15 year old identified as victim 2. On February 18, 2016, victim 2 told police she began communicating with the defendant on Kik in February 2015 and did so until August 2015. Victim 2 sent naked photos to Crum at his request.   

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained pending a detention hearing on March 9, 2016 at 10:30 a.m.

The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. Assistance was also provided by the Bardstown, Kentucky Police Department.

The fact that a defendants have been charged with a crime is merely an accusation and the defendants are 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 Sheila Fullmer, 60, of Caledonia, NY, who was convicted of engaging in theft during the course of performing her official government duties, was sentenced to 18 months probation by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Fullmer was employed as a mail clerk at the Rochester Processing and Distribution Center, assigned to manual mail sorting area. On October 20 and 21, 2015, law enforcement agents observed the defendant rifling through mail and stealing gift cards and other items from the mail. Fullmer was also seen using a gift card that had been reported missing by its sender. The defendant was found to be in possession of approximately $600 of other stolen gift cards and cash.

The sentencing is the result of an investigation by the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Leszek Budzyna, 50, a citizen of Canada, was arrested and charged by criminal complaint with attempted alien smuggling and making false statements. In addition, Monika Gondek, 47, and Jerzy Mariusz Madej, 54, both of Poland, were also arrested and charged by criminal complaint with eluding examination and inspection by immigration officials. Budzyna faces a maximum sentence of five years in prison and a fine of $250,000. Gondek and Madej face a maximum sentence of six months in prison and a fine of $5,000.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on March 1, 2016, Budzyna was driving a commercial truck and attempted to enter the United States at the Peace Bridge Port of Entry. Budzyna indicated to a Customs and Border Protection officer that he was traveling to the U.S. to pick up a trailer and that he was traveling alone. Budzyna was referred for a secondary inspection.

During the secondary inspection, the truck was x-rayed and something was detected in the cab of the truck. Officers entered the truck and discovered Gondek and Madej hidden in the sleeper area of the cab of the truck. 

The defendants made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being detained.

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

 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 Shawn Peterkin, 38, formerly of South Carolina, was charged with one count of failure to update his sex offender registration status. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000. 

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Peterkin was convicted in 2011 of Taking Indecent Liberties with a Child in North Carolina and was required to register as a sex offender. The defendant first registered in North Carolina in 2013.  Subsequently, Peterkin relocated to South Carolina and registered as a sex offender in October 2014. The defendant failed however to update his registration in June 2015 and a warrant was issued by South Carolina authorities in November 2015. The U.S. Marshal’s Service found Peterkin residing in Rochester in February 2016. When the defendant was confronted, he admitted he was wanted in South Carolina for failure to register as a sex offender.

The arrest is the culmination of an investigation on the part of the United States Marshal’s Service, Marshal Charles Salina.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Amber Crouse, of Salamanca, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin before U.S. District Judge Elizabeth A, Wolford. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between February 2013 and February 2015, the defendant participated in a heroin conspiracy with co-defendant Carlos Laboy. Crouse sold heroin to confidential sources including one individual who claimed that the defendant sold heroin to the individual every day for one year.

On February 5, 2015, a search warrant was executed at a residence on Gorton Street in Buffalo. Crouse was present along with Carlos Laboy. Officers recovered numerous baggies that contained heroin residue and three cellular telephones. One of the cellular telephones was a number that the confidential sources would contact to set up drug transactions.    

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

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

 Sentencing is scheduled for May 31, 2016 at 2:00 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 a federal grand jury returned a three-count indictment charging Faycal Taouzinet, 26, of  Rochester, NY, with enticement of a minor using a means and facility of interstate commerce, attempted production of child pornography and attempted receipt of child pornography. The enticement charges carry a minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine. 

“This case once again shows the dangers facing our young children while using technology,” said U.S. Attorney Hochul. “At the same time, it demonstrates the best defense to those threats: the active involvement of a parent or trusted adult.”

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the indictment, in June 2015, the mother of a 13 year old minor advised the Rochester Police Department that her child was communicating with two men.  According to the mother, one of the two men, Taouzinet, was a clerk at a local corner store. Officers reviewed the minor’s phone and uncovered texts between the minor and Taouzinet to include sexually explicit chats and chats where the minor had sent sexually explicit pictures to Taouzinet. 

An officer, assuming the minor’s identity, engaged in texts with Taouzinet and arranged for a meeting to occur on June 22, 2015. The defendant did not show up at the arranged time but texted later and asked to meet. Taouzinet was observed by officers later that date and confronted and arrested.

The indictment is the result of an investigation by the FBI’s Child Exploitation Task Force which includes members of the Immigration and Customs Enforcement, Homeland Security Investigations, the Rochester Police Department, the Monroe County Sheriff’s Office and the Greece Police Department. 

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

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

BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Alfredo Alonso Ramirez, 24, a citizen of Mexico, was arrested and charged by criminal complaint with conspiring to import liquid methamphetamine. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a $10,000,000 fine.

Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the complaint, on February 18, 2016, Customs and Border Protection officers searched a Federal Express overnight international mail package sent from Mexico to Alfredo Alonso Ramirez at 5461 McLernon Road in East Bethany, NY. Officers discovered two bottles containing approximately 851.6 grams (approximately 30 ounces) of a liquid substance that field tested positive for methamphetamine. 

On February 22, 2016, an undercover law enforcement officer delivered a package containing sham liquid methamphetamine to the listed address. The defendant accepted the package at the residence. Officers then executed a search warrant at the residence and the package with the two bottles of sham liquid methamphetamine was found opened on the first floor of the house. Ramirez was later arrested.       

The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.

The criminal complaint 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 and Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.  

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 Jose Maria Agustin, 34, a native and citizen of Mexico, most recently of Elba, NY, was arrested and charged by criminal complaint with re-entry after deportation subsequent to an aggravated felony conviction and failure to register as a sex offender. The charges carry a maximum penalty of 20 years in prison.  

Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, in 2009 the defendant was convicted in California of two counts of Forcible Rape and one count of Assault with a Deadly and sentenced to five years in prison. After serving that sentence, Agustin was removed from the United States and sent back to Mexico. As a result of the rape conviction, the defendant was permanently barred from returning to the United States. 

In December 2015, Agustin was found working in the United States without permission to re-enter the United States and without employment authorization. The defendant was required to register as a sex offender in California and had not registered as a sex offender in New York State.   

Agustin made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained.  

The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Michael Phillips, Buffalo Field Office Director, and the Genesee County Sheriff’s Office, under the direction of Sheriff Gary Maha.

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 Ashley Marie Gnocchini, 29, of Cheektowaga, NY, who was convicted of conspiracy to possess with intent to distribute cocaine, was sentenced to 15 months in prison by U.S. District Judge Elizabeth Wolford.

Assistant U.S. Attorney Mary Catherine Baumgarten, who handled the case, stated that on November 15, 2010, law enforcement officers searched the residence of Ricky Lee Pyzikiewicz on Maurice Street in Buffalo. Officers seized baggies later determined to contain cocaine and marijuana as well as a rifle and ammunition. The search was part of an ongoing criminal investigation into narcotics trafficking by Pyzikiewicz and Gnocchini.

During the morning hours of November 15, 2010, officers set up an undercover purchase  with  the  defendants.  As  Pyzikiewicz  and  Gnocchini  drove  to  the  area  of Milestrip Road and McKinley Parkway in Hamburg, NY, Orchard Park, NY police officers pulled over a gray Saturn Ion the two were riding in. Pyzikiewicz appeared to hide something under his seat. A Hamburg Police Department canine unit responded to the scene, and the ensuing canine sniff was positive for the presence of narcotics.  A subsequent search was conducted and quantities of cocaine were recovered.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction Special Agent in Charge Delano A. Reid, the Orchard Park Police Department, under the direction of Chief Mark Pacholec, and the Hamburg Police Department, under the direction of Chief Gregory Wickett.

Ricky Lee Pyzikiewicz was convicted of conspiracy to possess with intent to distribute and to distribute cocaine and being felon in possession of a firearm and is scheduled to be sentenced by Judge Wolford on May 4, 2016 at 10:00 a.m.

CONTACT:      Barbara Burns
PHONE:           (716) 843-5817
FAX:                 (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Alexis Mills, 23, of Buffalo, NY, pleaded guilty to RICO conspiracy before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison and a $250,000 fine.

“This case presents a version of the ‘black widow’ crime scenario occasionally seen by law enforcement,” said U.S. Attorney Hochul. “The defendant, taking advantage of a prior intimate relationship with the victim, induced the victim to open a locked door, allowing an accomplice to enter the premises and execute the victim.”  

Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that the defendant was a member and associate of the LRGP Gang which operated primarily in the area of Lombard, Rother, Playter and Gibson Streets in the City of Buffalo. The gang is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.   
 
Between 2009 and January 23, 2012, the defendant conspired with others, including LRGP leader Dewayne Gray, to distribute crack cocaine. Mills also assisted Gray by managing 42 Memorial Drive in Buffalo which was used by the gang and Gray as a distribution point.

In April 2011, the defendant and others, while at 318 Sobieski Street in Buffalo, agreed that a member of the Cold Springs Gang, a rival criminal organization, should be murdered in retaliation for the killing of Dewayne Gray's brother, Alonzo Scott, in March 2011.  The individuals settled upon killing Amir Chambers, whom they believed to be associated with the Cold Springs Gang.

After a failed attempt to poison Amir Chambers, it was agreed that Chambers would be killed by shooting him. On April 20, 2011, Mills arranged to meet Amir Chambers at a residence at 111 Mills Street in Buffalo, taking advantage of a prior intimate relationship she had with him. Mills was accompanied by a co-defendant, who was to kill the victim once the victim allowed Mills inside the residence.  As planned by Mills and the co-defendant, Chambers opened the residence door upon seeing the defendant, at which time the co-defendant killed Chambers by shooting him in the head.  Mills, for her part, kicked the victim in the head following the shooting to ensure that Chambers was in fact deceased. 

U.S. Attorney Hochul further stated “This case also shows precisely why this Office continues to target street gangs and narcotics trafficking organizations.  Fortunately, with this conviction, one less gang member is now able to walk the streets of Buffalo.”  

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

Sentencing is scheduled for July 14, 2016 at 12:30 p.m. before Judge Arcara.

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 Anastasios “Taso” Kolokouris, 32, of Avon, NY, pleaded guilty to violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum sentence of five years in prison and a $250,000 fine.

“Simply to save money, this defendant knowingly exposed untrained, temporary workers to asbestos – a highly dangerous substance long known to cause cancer,” said U.S. Attorney Hochul. “While all of us welcome re-development in our community, it is critical to the health and safety of employees, as well as to residents living in nearby neighborhoods, that proper removal guidelines be strictly followed. This Office will continue to prosecute those who put profit ahead of people in this important area of law.” 

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

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

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

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

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

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

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

Sentencing has been set for June 1, 2016 at 3:30 p.m. before Judge Geraci.

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

BUFFALO, N.Y. — U. S. Attorney William J. Hochul, Jr. announced today that Brittaney Ridgeway, 27, of Buffalo, NY, was arrested and charged by criminal complaint with distribution of heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, on March 25, 2015, Cheektowaga Police officers recovered bundles of heroin following a traffic stop of a vehicle that the defendant was riding in with her boyfriend Dellsean Hamilton. Analysis determined that some of the heroin contained fentanyl.

Subsequent investigation determined that Hamilton was a large volume heroin supplier in Buffalo and the surrounding area and Ridgeway assisted him in the distribution of the heroin. Hamilton was arrested in December 2015, also on distribution charges. Following Hamilton’s arrest, law enforcement officers learned that Ridgeway continued to distribute heroin. Officers made controlled purchases of heroin from Ridgeway on February 4 and February 11, 2016. 

Ridgeway made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending a detention hearing on March 4, 2016 at 10:00 a.m. 
  
The criminal complaint is the culmination of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.

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

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

ROCHESTER, N.Y.- U.S. Attorney William J. Hochul Jr. announced today that Preston Field, 24, of Webster, N.Y., who was convicted of possession of child pornography, was sentenced by Chief U.S. District Judge Frank P. Geraci to 48 months in prison, to be followed by 15 years of supervised release.

Assistant U.S. Attorney John J. Field, who handled the case, stated that from November 2012 to March 2014, the defendant downloaded and stored more than 600 images of child pornography. Some of the images portrayed or depicted violence against children. The defendant also made his collection available for others to view and download.

The sentencing is the culmination 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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr., announced today that Navid Salehvaziri, 34, of Tehran, Iran, pleaded guilty before U.S. District Court Judge Charles J. Siragusa to illegally circumventing technological measures protecting a copyrighted work for private financial gain. The charge carries a maximum penalty of five years in prison, a $500,000 fine, or both.

Assistant U.S. Attorney John J. Field, who is handling the matter, stated that Salehvaziri and others worked at a business entity located in Tehran, Iran. There, Salehvaziri sold unauthorized, pirated copies of Kodak software known as Prinergy Evo, a sophisticated commercial printing software. The specific software that the defendant and others sold was “cracked,” meaning that Kodak’s regular security and access control features had been disabled. In an undercover operation, the FBI arranged to purchase a copy of the “cracked” software from Salehvaziri for $1500. Authorized versions of the software, obtained through legitimate Kodak distribution channels, retail for approximately $10,000 and $300,000, depending on the features purchased.

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

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Thi Nguyen, 40, of West Seneca, NY, who was convicted of conspiracy to collect extension of credit by extortion, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara. 

  Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that a individual placed bets on NFL football games with Nguyen and other individuals during the 2012 season. On May 7, 2013, the defendant, and co-defendant Eric Battistoni, told the individual his outstanding debt of $24,000 needed to be settled. On May 15, 2013, at a pre-arranged meeting, it was determined the individual would make $300 payments every Friday until the debt was settled. Battistoni also threatened violence if a payment was not made.

  Nguyen and Battistoni were arrested on May 31, 2013. During the execution of a search warrant at Nguyen’s residence, officers seized numerous ledgers used in the defendant’s bookmaking activities. 

 Battistoni was convicted and will be sentenced on May 11, 2016.

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

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Kelly Atkinson, 32, of Raleigh, N.C., who was convicted of conspiracy to commit bank fraud, was sentenced to 12 months in prison by U.S. District Judge, Richard J. Arcara. The defendant has also been ordered to pay $443,995 in restitution.

Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that the defendant conspired with Brian Avery Smith, a Buffalo man, who was also convicted of bank fraud, to defraud credit unions and other lenders of hundreds of thousands of dollars. The scheme was accomplished through the submission of fraudulent loan applications, which claimed to be for the purchase of automobiles, computers, and furniture, along with fraudulent supporting documentation for the loans.

To accomplish the scheme, Atkinson and Smith also opened bank accounts in Buffalo in the names of fictitious companies. Much of the loan proceeds were distributed into these accounts and retrieved by Atkinson and Smith.

The sentencing was the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.     

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

ROCHESTER, NY—U.S. Attorney William J. Hochul, Jr. announced today that Haifang Wen, aka Harry, 41, of Pullman, WA, his brother Bin Wen, aka Ben, 44, and Ben’s wife Pang Wen, 43, aka Jessica, both formerly of Horseheads, NY and most recently of Great Falls, VA, were arrested and charged by criminal complaint with conspiring to and making false material statements to federal agencies, perpetrating a wire fraud scheme, and conspiracy to engage in financial transactions with the proceeds of the false statement and wire fraud schemes. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

“As charged, the defendants took money intended to foster innovative research by small businesses, and instead used for their own personal use,” said U.S. Attorney Hochul. “This fraud scheme had the effect of depriving deserving businesses of the opportunity for research funds, while simultaneously hurting the very Western New York communities where the research and work were most needed. This Office will continue to protect federal taxpayers, the agencies that expend public money, and legitimate businesses which seek to fairly compete for research dollars.”     

Assistant U.S. Attorney Bradley E. Tyler, who is handling the case, stated that according to the complaint, the defendants engaged in a scheme to defraud the federal government of federal research funds that were awarded to companies controlled by the defendants. Haifang Wen, Bin Wen and Pang Wen are accused of:

• fabricating letters of support and investment; • providing false information in research grant proposals and reports regarding business entities, business employees, business/research facilities, matching funds and investments; and
• providing falsified reports and emails regarding how federal research funds were expended.

The defendants received approximately 30 grants totaling approximately $8,000,000 from federal agencies, including the National Science Foundation, the Department of Energy, the Department of Transportation and the U.S. Department of Agriculture. The grant award proceeds were to be used for the development of asphalt composition technologies. Grant award funds were initially deposited into bank accounts controlled by the defendants in Horseheads and Elmira, NY, to then be distributed for the defendants’ personal use, and not the technology development represented in their grant applications.

The defendants will make initial appearances at a later date in the Western District of New York.  

The criminal complaint is the result of a joint investigation by special agents with the National Science Foundation, Office of Inspector General, the Internal Revenue Service, Criminal Investigations, under the direction of Special Agent in Charge Shantelle Kitchen, New York Field Office, Special Agent in Charge Teri Alexander, Seattle Field Office, and Special Agent in Charge Thomas Jankowski, Washington DC Field Office, the Department of Transportation, Office of Inspector General, under the direction of Special Agent in Charge Douglas Shoemaker and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Frank Montoya, Jr., Seattle Division, and Adam S. Cohen, Buffalo Division.  

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

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

ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Laverne Singletary, 49, of Rochester, NY, who was found guilty following a federal jury trial of possessing marijuana and being a felon in possession of a firearm, was sentenced to 57 months in prison by Chief U.S. District Court Judge Frank P. Geraci.

Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the case, stated that on October 6, 2012, Singletary, a four-time convicted felon, was arrested on Roth Street in Rochester after law enforcement attempted to stop him for carrying an open beer can on a public sidewalk. Upon being approached by law enforcement officers, the defendant ran but was caught by the officers after a short foot pursuit. Singletary resisted attempts by officers to place him in handcuffs. Once handcuffed, officers stood the defendant up from the ground and found a Hungarian-made 7.65mm semi-automatic pistol. In searching Singletary, officers also located thirteen bags of marijuana.   

The sentencing is the culmination of an investigation on the part of on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives under the direction of Delano A. Reid, Special Agent in Charge, the Monroe County Office of Probation and Community Corrections, under the direction of Robert J. Burns, Chief Probation Officer and the Rochester Police Department under the direction of Chief Michael Ciminelli.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Pedro Cruz, 39, of Rochester, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years and a fine of $250,000. 

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, the investigation began when law enforcement officers discovered the downloading of child pornography related to a website and a particular user name. The investigation led to the execution of a search warrant at Cruz’s residence. Forensic previews of some computer-related items seized from the defendant’s residence revealed thousands of images of child pornography on a laptop computer, thousands of images of child pornography on a desktop computer, over 30,000 images of child pornography on an external hard drive, and over 20,000 images of child pornography on various CDs and DVDs. 

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and was released on conditions including home detention and electronic monitoring.

The complaint is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force consists of the Monroe County Sheriff’s Office, the Rochester Police Department, the Greece Police Department and Immigration and Customs Enforcement, Homeland Security Investigations.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Robert W. Moran, Jr., 63, of Rochester, NY, pleaded guilty to conspiracy to commit assault with a dangerous weapon in aid of racketeering activity, before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of three years in prison and a $250,000 fine. In addition, Gina Tata, 52, also of Rochester, pleaded guilty to being an accessory after the fact to the crime of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. That charge carries a maximum penalty of 18 months in prison and a $125,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that on May 31, 2006, Moran – a member and officer of the Rochester Hell’s Angels – assaulted a patron at Spenders Bar on Lyell Avenue in Rochester with a baseball bat. The defendant beat the patron in the head and body after the patron made disparaging remarks about motorcycle clubs, including the Hell’s Angels. At the time of the assault, Moran was a member of the Rochester Hell’s Angels, which was an enterprise the members of which were engaged in racketeering activity, including drug trafficking and conspiracy to commit murder. The defendant committed the assault in order to maintain his position in the Rochester Hell’s Angels.
        
Gina Tata, who was the bartender at Spenders Bar at the time of the assault, tried to help Moran escape arrest and prosecution for the assault. After hearing the comments made by the patron, Tata called a member of the Rochester Hell’s Angels, leading to the eventual beating of the victim by Moran.  In the aftermath of the attack, Tata took several steps to help Moran avoid apprehension by law enforcement authorities, including lying to the police about the identities of the perpetrator of the assault. Tata also counseled another eyewitness to not give the police a good description of the perpetrator and to not identify Moran. Also, in the early morning hours after the assault, Tata let an associate of the Rochester Hell’s Angels into Spenders Bar to retrieve a hard drive containing recordings of the interior surveillance cameras at the bar. In May 2007, a year after the assault, Tata lied to the FBI about the perpetrators of the assault, describing them as tall, young Hispanic males, and falsely told the FBI that she used the phone at Spenders Bar only to call 911 and the owner of the bar.

These pleas are part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Hell's Angels President Richard W. Mar, and Jeffrey A. Tyler, were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Five other defendants – Henry McCauley, Donna Boon, Paul Griffin, Richard E. Riedman, and Gordon L. Montgomery – were convicted for their roles in the methamphetamine conspiracy. Judge Siragusa sentenced Griffin to probation and  Riedman to 37 months in prison. McCauley, Boon and Montomgery are awaiting sentencing. Another defendant, Timothy M. Stone, was convicted and of being an accessory after the fact to the assault and conspiracy, and was sentenced to 12 months in prison.

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

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

Sentencing for Moran and Tata is scheduled for May 25, 2016, at 10:15 a.m. and 11:00 a.m. respectively, both before Judge Siragusa.

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

ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Mitchell Parrott, 43, of Forestport, NY, who was convicted of manufacturing methamphetamine and possessing a firearm in furtherance of a drug trafficking activity, was sentenced to 14 years in prison by U.S. District Court Judge Charles J. Siragusa.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that on March 9, 2012, the New York State Police received a telephone call reporting a suspicious odor and unusual activity at a residence on Stewart Road in Horseheads, NY.  The caller also told police that there was an open window with a box fan blowing in the upstairs front window. The temperature was approximately 30 degrees Fahrenheit.

Troopers responded to the address and contacted Parrott who was inside the residence with his girlfriend. Troopers could see a box fan blowing air out of a second floor window and the air smelled like ether. Through the windows of the house, troopers could also see parts of a laboratory, including plastic tubing, cans of starter fluid, used to manufacture methamphetamine.
 
Troopers obtained a search warrant and seized, among other things, more methamphetamine, parts to a clandestine methamphetamine laboratory and a Squires Bingham .22 caliber rifle from the residence.  Troopers also seized a Savage .223 caliber rifle and a safe containing over $9,000.00 in US currency in a truck parked in the driveway. 

The sentencing is the culmination of an investigation on the part of the Special Agents of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause.

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

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that Mario Velasquez, 36, pleaded guilty before U-S District Judge Charles J. Siragusa to possession with intent to distribute heroin and possession of a firearm in furtherance of drug trafficking activities. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, a fine of $1,000,000, or both.   

Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that in June 2015, agents with the Drug Enforcement Administration, the Greater Rochester Area Narcotics Enforcement Team (GRANET) and the Rochester Police Department conducted an investigation into Mario Velasquez and the sale of heroin from his residence and a nearby residence on Electric Avenue in Rochester. After making a series of undercover purchases of heroin from Velasquez, a search warrant was executed at both locations. Officers recovered over 350 individual bags of heroin packaged for street level sales, a loaded handgun, assorted live ammunition and approximately $2,400 in cash. Velasquez was arrested at his residence. 

The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Greater Rochester Area Narcotics Enforcement Team (GRANET).

Sentencing is scheduled for May 26, 2016 before Judge Siragusa.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Isaiah Brown, 28, of Buffalo, NY, who was convicted of bank robbery, was sentenced to 57 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 July 9, 2015, Brown entered the First Niagara Bank at 2853 Delaware Avenue in Kenmore, NY wearing a brown wig. The defendant passed a note to the teller demanding money and threatening that he had a gun. Brown made off with a specific amount of money.
 
The defendant also admitted that on July 3, 2015, he robbed the First Niagara Bank at 1726 Hertel Avenue in Buffalo using the same method.
 
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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Blake Rivera, 31, of Greece, NY, his brother Chayanne Rivera, 25, of Gates, NY, and their father, Victor Rivera, 51, of Rochester, NY, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, 280 grams or more of crack cocaine and 100 grams of heroin, and possession of firearms in furtherance of drug trafficking. The charges carry a mandatory minimum 15 years in prison, a maximum of life and a $10,000,000 fine.

“As all in our community know, the most deadly substances killing our residents consist of heroin and firearms,” said U.S. Attorney Hochul.  “Thanks to exceptional police work, not only have massive quantities of these ‘assassins’ been removed, but even larger amounts of equally dangerous crack and powder cocaine.  Any person in any way involved in trafficking these toxins should expect to be prosecuted to the fullest extent of the law.”
DEA Special Agent in Charge James Hunt stated, “An eight-month investigation into an illicit family drug business resulted in 14 firearms and 9 kilograms of cocaine seized and taken off our streets; as well as the arrest of three drug traffickers.  Through collaborated efforts, law enforcement identified and arrested a major cocaine source of supply contaminating the Greater Rochester New York area.” 
Assistant U.S. Attorney Everardo A. Rodriguez, who is handling the case, stated that according to the complaint, the Drug Enforcement Administration and Rochester Police have been investigating the drug trafficking activities of the three defendants for nine months. During the investigation, officers conducted multiple controlled purchases from the defendants.
 
On December 4, 2015, officers from the New York State Police intercepted a suspicious FedEx package addressed to a fictitious name at 164 Curtis St. The package contained approximately 612 grams of heroin. Subsequently, on February 17, 2016, four search warrants were executed at the residences of the defendants and a storage location used by the defendants.

At Blake Rivera’s residence at 276 Woodsmoke Lane, officers found an assault style rifle loaded with a magazine that contained 30 rounds of ammunition and cash totaling $346, 460.

During a search of 164 Curtis Street where Victor Rivera lived and where Blake and Chayanne stored and distributed drugs, officers recovered approximately 1.5 kilograms of cocaine and 533 grams of crack cocaine. In addition officers seized a .357 magnum revolver, a 9mm handgun, and AK 47 rifle, two 12 gauge shotguns, ammunition and $3,924 in cash.    

At the residence of Chayanne Rivera at 245 Colwick Road, officers seized an AK 47 style firearm among other evidence.

Inside the storage unit on Brighton Henrietta Town line Road in Rochester, officers found a 1998 BMW sedan with 6.8 kilograms of cocaine in the trunk and seven firearms: one SKS style firearm loaded; two handguns; two AK-47 style firearms; one shotgun; and one AR-15 style firearm as well as several loaded magazines and loose ammunition.    

In total, officers seized:

• Approximately 8.3 kilograms of cocaine, • Approximately half a kilogram of crack cocaine, • 14 firearms, most of them loaded, and
• Approximately $375,456 in cash.

Blake Rivera made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson.  Victor and Chayanne Rivera will appear this afternoon.  All will be held pending detention hearings later this week.

The criminal complaint is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli, with assistance from several law enforcement agencies including the New York State Police, under the direction of Major Craig Hanesworth; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Greece Police Department, under the direction of Chief Patrick Phelan, the Monroe County Sheriff’s Office, under the direction of Patrick O’Flynn, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.

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

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that James  Henry McAuley, Jr., 66, of Oakfield, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine, before U.S. District Judge Charles J. Siragusa. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life, and a $4,000,000 fine. In addition, McAuley’s wife Donna Boon, 50, of Oakfield, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, methamphetamine, also before Judge Siragusa. That charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

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

McAuley’s wife, Donna Boon, distributed quantities of methamphetamine to others, including an individual in Genesee County, who further distributed the drugs to customers in the Genesee County area.  Boon admitted to trafficking up to 30 grams of methamphetamine.   
 
These pleas are part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Along with McAuley and Boon, Monterey (California) Hell's Angels President Richard W. Mar, and Jeffrey A. Tyler, were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Three other defendants -- Paul Griffin, Richard E. Riedman, and Gordon L. Montgomery – were convicted for their roles in the methamphetamine conspiracy. Judge Siragusa sentenced Griffin to probation and Riedman to 37 months in prison, Montomgery is awaiting sentencing.  

Rochester Hell's Angels member Robert W. Moran, Jr., along with Gina Tata, are charged in the same indictment with assault with a dangerous weapon in aid of racketeering activity, and Moran and Tata are charged with conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. In addition, Tata is charged with being an accessory after the fact to the assault and conspiracy.  Another defendant, Timothy M. Stone, was convicted and of being an accessory after the fact to the assault and conspiracy, and was sentenced to 12 months in prison.

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

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

Sentencing for McAuley and Boon is scheduled for May 24, 2016, at 10:00 a.m. and 11:00 a.m. respectively, both before Judge Siragusa.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Alfred Dasilva, 47, of Greece, NY and Sharon Sexton, 46, of Gates, NY, who were convicted of production of child pornography were sentenced by Chief U.S. District Court Judge Frank P. Geraci. Dasilva received 250 months in prison and Sexton 190 month in prison. Both defendants were also sentenced to 25 years supervised release and will have to register as sex offenders upon release from prison. 
 
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the investigation began when a school resource officer employed by the Gates Police Department was informed by a school official that Sexton was taking nude photos of a female student. The ensuing investigation determined that Sexton sent these photos to her boyfriend, Alfred Dasilva. Sexton was interviewed by law enforcement and admitted to both taking the photos and then sending them to Dasilva. She told officers that she took the photos and sent them to Dasilva because he asked her to, and that Dasilva used the naked photos to “fantasize.”  

Federal investigators examined Dasilva’s cellphone and also located a video of a child performing oral sex on Dasilva. Sexton admitted to being the person who took the video. Several online chats were also recovered from the cellphone in which Sexton and Dasilva graphically discussed engaging in sexual conduct with children.

The defendants were also charged in State Court related to sexual activity with a child and endangering the welfare of a child. Those charge remain pending.

The sentencings are the culmination of a joint investigation by the Gates Police Department and the Federal Bureau of Investigation Child Exploitation Task Force consisting of the Monroe County Sheriff’s Office, the Rochester Police Department, the Greece Police Department and Immigration and Customs Enforcement, Homeland Security Investigations.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr., announced today that Ferdinand E. Krizan, 77, of Franklinville, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to trafficking in prohibited wildlife. The charge carries a maximum penalty of five years in prison and a fine of $250,000.

“Since the passage of the Lacey Act in 1900, Congress and the American people have sought to protect endangered wildlife by outlawing the trafficking in certain vulnerable creatures, said U.S. Attorney Hochul. “Certainly the existential dangers facing elephants – the world’s largest land animal – are well known due to the continuing predations of poachers. But even beyond reasons of conservation, enforcement of wildlife trafficking laws attacks organized criminal groups who most frequently engage in this illegal trade. This Office will continue to vigorously enforce these important laws, both to protect our world’s wildlife for future generations, and to serve as an example for other nations considering similar efforts.”        

“Elephants are being slaughtered daily by poachers for their ivory. Each tusk represents one step closer to their extinction, said Edward Grace, Deputy Chief, Office of Law Enforcement for the U.S. Fish and Wildlife Service. “Our special agents and wildlife inspectors are not only working tirelessly to investigate, apprehend, and prosecute the illegal ivory trade in the United States, but we are also working with global counterparts to track criminals abroad. Ivory poachers and traffickers will understand that the U.S. is committed to stopping this heinous activity and we will find you. If the demand for ivory is not reduced, and the illegal activities continue, then these magnificent animals won’t be on our planet for future generations to enjoy.”

“When Governor Cuomo signed a new state law in 2014 to prevent the trade of illegal ivory, the goal was to eliminate this illegal and immoral activity in New York and safeguard imperiled species of animals around the globe,” said New York State Department of Environmental Conservation Acting Commissioner Basil Seggos. “Today’s announcement builds on that promise and serves as a declaration to the public that we will not take this lightly. I applaud the efforts of DEC’s Environmental Conservation Officers and all the agencies involved that brought the perpetrators to justice.”

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on November 6, 2013, Krizan, owner of Fred’s Antiques in Franklinville, purchased two elephant tusks from an auction house in Montreal, Quebec for $4,320 Canadian dollars. The defendant then had the tusks shipped to an address in Niagara Falls, Ontario.

On November 28, 2013, Krizan transported the tusks from Niagara Falls, Ontario into the United States through the Rainbow Bridge port of entry, violating the Endangered Species Act.  Subsequently, on May 31, 2014, the defendant sold the tusks, along with four additional tusks to a buyer in Massachusetts for $50,000 American dollars. At the time of that sale, Krizan knew that the two elephant tusks had been improperly transported into the United States. At no time did the defendant apply for or receive a permit under the Endangered Species Act authorizing the importation, delivery, receipt, transportation, or sale of elephant ivory.

The investigation also determined that the defendant also illegally trafficked in other protected wildlife including:

• a Narwhal tusk, which he sold for $8,000 American dollars in violation of the Marine Mammal Protection Act; • two elephant tusks, which he sold for $66,000 American dollars; • a carved elephant ivory art object, which he purchased for $1,020 Canadian dollars; • one elephant tusk, which he purchased for $3,130.68 Canadian dollars; • one hippo ivory carving, which he sold for $1,400 American dollars; • one elephant ivory musician carving, which he sold for $2,525 American dollars; • one bronze and elephant ivory sosoon figurine, which he sold for $3,700 American dollars; • one elephant ivory trip-tix, which he sold for $2,700 Canadian dollars; and
• one carved coral figurine, which he sold for $3,400 American dollars.

The total value of the wildlife trafficked by the defendant is $141,877.00. As part of the plea, the defendant will also abandon approximately 100 pieces elephant ivory carvings. 

The plea is the culmination of an investigation by the U.S. Fish and Wildlife Service, under the direction of Honora Gordon, Special Agent in Charge, Northeast Region, and the New York State Department of Environmental Conservation, under the direction of Captain Frank Lauricella.

Sentencing is scheduled for May 19, 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 Ahmed Hassan, 67, of Buffalo, NY, who was convicted of food stamp fraud, was sentenced to two years probation including eight months home detention and ordered to pay restitution totaling $68,177 by Chief U.S. District Judge Frank P. Geraci.
 
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that the defendant operated the Ferry Community Market on E. Ferry Street in Buffalo. Between June 1, 2012 and August 31, 2012, Hassan directed and authorized employees to purchase food stamp benefits for less than their full value for cash from eligible beneficiaries. By swiping the food stamp cards through the electronic funds transfer terminal installed at Ferry Community Market, employees engaged in approximately $68,177 of illegitimate transactions for the time period in question.
 
        The sentencing was the result of an investigation by Special Agents of the U.S. Department of Agriculture, Office of Inspector General, under the direction of William G. Squires Jr., Special Agent in Charge, Northeast Region.
 

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr., announced today that Alexander Snow, 33, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to distribution of fentanyl. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

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

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

Sentencing is scheduled for May 19, 2016 at 11:00 a.m. before Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. — U.S. Attorney William J. Hochul, Jr., announced today that Brandon McNeal, 24, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to commit sex trafficking of a minor. The charge carries a maximum penalty of life in prison and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that McNeal conspired with others to recruit a minor female, knowing she was under the age of 18, to engage in commercial sex acts. Between July and August of 2015, the defendant had a minor female working for him as a prostitute. McNeal posted ads for the female on Backpage.com, an internet classified advertising website. The defendant also arranged for her to meet her customers at a Motel 6 and he paid for the hotel room.

The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation's Child Exploitation Task Force, which includes the Rochester Police Department, the Monroe County Sheriff’s Office, and Immigration and Customs Enforcement, Homeland Security Investigations.

Sentencing is scheduled for May 16, 2016 at 3:00 p.m. before Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul Jr. announced today that Jose Valdivia Quinones, 41, a Cuban National of Tampa, Florida, who was convicted of bank fraud, was sentenced to 10 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $1,642.51 in restitution.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Quinones 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 Tops Markets stores in the Towns of Hamburg and East Aurora. 

Quinones was arrested along with five other defendants, Eduardo Quinones Hernandez, Yasser Carrillo Chartrand, Yaily Santurio Milian, Claudia Diaz Diaz, and Misael Toledo Rios. Hernandez, Milian, Diaz and Rios have all been convicted; charges are still 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.

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, the U.S. Secret Service, under the direction of C. Todd Laster, and the New York State Police, under the direction of Major Steven Nigrelli.

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Eric Sears, 48, of Buffalo, pleaded guilty to conspiracy to distribute cocaine before U.S. District Judge Lawrence J. Vilardo.

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

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

Sears is one of 28 Schuele Boys Gang members, associates and other individuals arrested in this case. To date, 18 of the defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Today’s sentenced and plea are the culmination of an investigation on the part of the FBI's Safe Streets Task Force which includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.   

Sears will be sentenced on May 18, 2016 at 10:00 a.m. before Judge Arcara.