Western District of New York

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Paul Keener, a/k/a Aaron Silverman, a/k/a Paul Robison, a/k/a Scott Walker, 47, of Cheektowaga, NY, was arrested and charged by criminal complaint with aggravated identity theft and using a passport secured by false statement. The charges carry a mandatory minimum penalty of two years and a maximum penalty of 12 years in prison.

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

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

  The defendant is being held following a detention hearing this morning before U.S. Magistrate Judge Jeremiah J. McCarthy. 

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

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 Terrance Baylor, 42, of Buffalo, NY, who was convicted of possession with intent to distribute crack cocaine and being a felon in possession of a firearm, was sentenced to 60 months in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on February 8, 2012, Buffalo Police officers executed a search warrant at the defendant’s Box Street residence. Officers seized 116 grams of crack cocaine and recovered two firearms. As a previously convicted felon, Baylor is prohibited from legally possessing firearms.

The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. 

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

Another week has passed, and three more defendants have been charged by this Office with producing or receiving child pornography.  A 14 year old girl murdered in Virginia. These and other cases share the common trait of alleged predators luring and manipulating children over social media. 

It’s common to see teenagers attached to their cell phones throughout the day.  Everyone knows that today’s device is a powerful internet access tool capable of connecting users to others throughout the world.  Most seriously underestimate the frequency with which their children are exposed to sexually explicit texts and photographs. 

According to one university study, 20 to 30% of teens will send or receive sexually explicit texts.  70% of teen-age girls will be asked to send a naked picture.  As our investigations demonstrate, such requests come from both peers and predators seeking contact with vulnerable youth. 

Neither denial nor ignorance provide any protection for children caught-up in a perfect storm of technology and vulnerability.  Rather, safety lies in constant parent/child communication, and adult education and familiarity with computer applications, teen-age realities, and even language. 

As internet dangers have multiplied, parents today must be as conversant in discussing “bytes and bits” as they are in discussing the “birds and bees.”  Kids are warned to avoid strangers, but they also need to know that strangers lurk online and online messages and photographs can be preserved forever. Not hitting “send” is the best defense against future regret. 

I urge parents to take full advantage of parental controls to monitor usage, media activity, and who your child is contacting. Learn to detect vault applications and icons used to conceal explicit videos and photographs. 

Finally, know the common social media sites and terminology used. Some are shocked when they discover what the code words and symbols being used by their children really mean. 

Being a teenager can be exciting and difficult.  Today’s technology and social media enhance both realities. By becoming a technology expert, parents and adults help children navigate these challenges before our Office gets involved. 

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 Nielsen, 44, of Las Vegas, Nevada, who was convicted of wire fraud, was sentenced to 15 months in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorneys Russell T. Ippolito, Jr. and Elizabeth R. Moellering, who handled the case, stated that the defendant was involved in an investment loan scheme which resulted in $175,000 dollars in financial losses to an investment company, Preston Waters Corp., located in the Western District of New York. Nielsen represented to the company that he could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives that he could monetize the stand by letter of credit which would provide the investment company with $100 million dollars in loans. As part of the scheme, Nielsen required the investment company to provide him with $175,000 which would purportedly cover the costs associated with the financial transaction. The investment company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirator, used the funds for their own purposes. 

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

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 Megan McDonald, 36, of Irondequoit, NY, pleaded guilty to production of child pornography, distribution of child pornography and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years and a fine of $250,000.
 
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in March 2015, law enforcement officers interviewed Jason Cortese who advised that he had received images of child pornography from McDonald. A forensic review of images from Cortese’s iPhone recovered sexually explicit images of two prepubescent minors.

Cortese has been convicted of enticement of a minor and is awaiting sentencing. Cortese used the internet and a smart phone to persuade a 12 year old minor to engage in sexually explicit activity.

The plea is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Adam S. Cohen. The 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 Briana Fugate, 26, of Cheektowaga, NY, pleaded guilty to bribery, distribution of marijuana, and delay of mail before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 25 years in prison and a $250,000 fine.

“Our efforts to root out public corruption continue with this second conviction of a postal employee in as many weeks,” said U.S. Attorney Hochul. “We are not going to allow postal routes to become narcotics delivery services.”

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Fugate accepted bribes to help deliver what she believed to be drug shipments from the West Coast. As the defendant learned to recognize packages containing narcotics, Fugate opened some of the packages and sold the drugs.

The defendant was a mail carrier for the United States Postal Service working out of the Central Park Station Post Office in an area covering the East Side of Buffalo for over a year.  Fugate’s actions were uncovered during an undercover operation when she distributed a vacuum-sealed pound of marijuana out of her mail truck while working her postal route. After law enforcement agents arrested Fugate, they discovered over 1,500 pieces of mail in her car that had not been delivered. At the time, the defendant was on probation for a larceny conviction in Cheektowaga Town Court. Fugate admitted that some of the proceeds from marijuana sales went to pay her court-ordered restitution in that case.
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, the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski, 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, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Timothy C. Fitzpatrick, 39, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of heroin with intent to distribute and possession of a firearm and ammunition while being a previously convicted felon. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

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

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

The plea is the culmination of an investigation on the part the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Special Agent in Charge Delano A. Reid, New York Field Office and the Monroe County Sheriff’s Office, under the direction of Monroe County Sheriff Patrick O’Flynn.

Sentencing is scheduled for May 10, 2016, at 3:30 p.m. before Judge Wolford.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Joseph Lombardo, 24, of Lancaster, NY, was arrested and charged by criminal with production, receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years.  

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in May, 2014, a 15 year old female (victim 1) reported to Lancaster Police that three or four years earlier when she was 12 or 13 years old, she was contacted on the social media site “Kik” by an unknown male calling himself “Chris Richardson.”  Victim 1 stated that “Chris Richardson” requested that she send him naked pictures. If she refused, Victim 1 said that “Chris Richardson” claimed he would post the pictures of her on the internet to exploit her. Victim 1 sent at least 50 naked pictures of herself to “Chris Richardson.” Victim 1 confided in another female (witness 1) who stated that “Chris Richardson” had also solicited pictures from her. Victim 1 then had her phone taken away by her mother for approximately one year.

In April 2014, Victim 1 got a new phone and was again contacted by “Chris Richardson” on “Kik” who demanded more naked pictures. Victim 1 sent an additional 100 pictures. Victim 1 told witness 1 about the continued extortion. Witness 1 told her about a male identified as “Dan” who would help her. Victim 1 was contacted by “Dan” who said she would help her if she hung out with him. Victim 1 agreed and chatted with “Dan” on a daily basis for several weeks. “Dan” also requested naked pictures and Victim 1 complied. Victim 1 and “Dan” eventually met in person and over the next few weeks had sexual contact several times. “Dan” asked Victim 1 for permission to record one of their sexual encounters which he would put on the internet and make money for her. Victim 1 is unsure if she was videotaped. Victim 1 stated that she told “Dan” her actual age.

On May 9, 2014, Victim 1 identified the defendant as “Dan” in a police photo array. On that same day, police recovered several items, including a laptop, during the execution of a search warrant at Lomabardo’s Lancaster residence.

During a forensic analysis of the contents of the laptop computer, officers discovered images of a 13 year old female (victim 2). The images were sent to the defendant by phone. In a subsequent interview with victim 2, she indicated that she met Lombardo on meetme.com. Victim 2 also indicated that the defendant identified himself as “Chris Richardson.”

The forensic analysis also revealed pictures of a 16 year old female (victim 3) who told police she also met the defendant on meetme.com. Victim 3 had sexual contact with Lombardo and also sent 30 to 40 naked pictures of herself to the defendant. 

Lombardo made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on February 10, 2016 at 3:00 p.m.

The complaint 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 Cheektowaga Police Department, under the direction of Chief David Zack, and the Lancaster Police Department, under the direction of Chief Gerald Gill.  

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 Nathaniel Aaron Fisher, 29, of Henrietta, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in November 2013, a law enforcement officer acting in an undercover capacity downloaded images of child pornography using a peer-to-peer file sharing software from an Internet Protocol address registered to a computer in Henrietta. A search warrant was executed and images of child pornography were recovered from the defendant’s computer. The images included prepubescent minors.

Sentencing is scheduled for May 10, 2016 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 Timothy M. Stone, 36, of East Rochester, NY, who was convicted of being an accessory after the fact to an assault with a dangerous weapon in aid of racketeering activity, was sentenced to 12 months in prison by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that in the late night hours on May 31, 2006, a male patron at Spenders Bar in Rochester was assaulted with a baseball bat. At the time, Spenders Bar was equipped with interior surveillance cameras that recorded the area in the bar where the assault occurred. The recordings were stored on a computer hard drive. In the early morning hours on June 1, 2006, Stone – knowing that others had committed the assault with the baseball bat in aid of racketeering – went to Spenders Bar, forcibly removed the hard drive, and took the hard drive from the bar. The defendant later destroyed the hard drive and the baseball bat used to commit the assault to assist the perpetrators of the assault in order to prevent their apprehension by the police.

This case was 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.  Monterey (California) Hell's Angels President Richard W. Mar, Rochester Hell's Angels members James H. McAuley, Jr., of Oakfield, NY, and Jeffrey A. Tyler, of Rochester, and Donna Boon, of Oakfield, NY, were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Three other defendants – Paul Griffin, of Blasdell, NY, Richard E. Riedman, of Webster, NY, and Gordon L. Montgomery, of Batavia, NY – were convicted for their roles in the methamphetamine conspiracy. Griffin was sentenced to probation and Riedman to 37 months in prison. Montgomery will be sentenced on May 3, 2016.
 
Rochester Hell's Angels member Robert W. Moran, Jr., of Rochester, along with Gina Tata, also of Rochester, are charged in the same indictment with assault with a dangerous weapon in aid of racketeering activity, and McAuley, 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.

A jury trial for the remaining six defendants – Mar, McAuley, Moran, Boon, Tyler and Tata – is scheduled to begin on March 7, 2016, before U.S District Judge Lawrence J. Vilardo. 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. 

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sherrod Ogletree, 20, of Buffalo, NY, was arrested and charged by criminal complaint with production of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years and a $250,000 fine. 

“For the second time in three days, social media was the avenue by which a defendant gained access to a child, with serious consequences ensuing thereafter," said U.S. Attorney Hochul. “Just as parents go to great lengths to protect their children from street criminals and predators, the public needs to be particularly vigilant to the dangers lurking on-line. Also for the second time this week, today's case demonstrates the pernicious link between child pornography and the trafficking in children"

“Sherrod Ogletree’s arrest won’t repair the damage he has caused to his victims but should serve as a warning to individuals engaged in this type of depraved behavior. HSI and our partners will continue to pursue individuals who prey on children and we are determined to bring exploiters like Ogletree to justice. ” said James Spero, Special Agent in Charge for HSI Buffalo.”

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that according to the complaint, on August 20, 2015, a minor victim (victim 1) contacted the Buffalo Police Department indicating that she was being “sextorted” through Facebook by an account known as “Mrss Guwop.” Victim 1 was instructed by “Mrss Guwop” to contact “her manager” and to pay $20, give a Samsung Galaxy electronic Tablet and have sex with “Mrss Guwop’s” manager.  If victim 1 refused, “Mrss Guwop” threatened to post screenshots of conversations between “Mrss Guwop” and victim 1 during which victim 1 agreed to work as a prostitute.

Law enforcement officers had victim 1 contact “the manager” from her cellular telephone. A male answered the phone and victim 1 told him she was on her way to meet him. Victim 1 was instructed to go to a residence on Woodlawn Avenue in Buffalo. Law enforcement officers went with victim 1 to the residence and Ogletree, identified as “Mrss Guwop,” was arrested on state charges.

Subsequent investigation determined a second minor victim (victim 2). A review of a Facebook conversation between “Mrss Guwop” and victim 2 revealed that “Mrss Guwop” knowingly solicited the production of pornographic images from victim 2. Victim 2 stated numerous times that she was a minor but “Mrss Guwop” continued to ask for pornographic images to be sent. During a subsequent interview with law enforcement officers, victim 2 indicated that she took pictures but never sent them to anyone when in fact she did send the pictures to “Mrss Guwop” through Facebook.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Paul Lacey, 56, of Youngstown, Ohio, who was convicted of participating in a conspiracy to engage in monetary transactions with proceeds gained from a wire fraud scheme, was sentenced to 46 months in prison and ordered to pay restitution in the amount of $337,002.65

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that Lacey traveled from Ohio to Georgia to open a bank account with Bank of America. Subsequently, approximately $337,002.65 was illegally transferred from individual bank accounts in New York, Colorado and Oklahoma into the account in Georgia. Lacey then  withdrew or transferred large sums of cash from the Georgia account for his own personal use and use by others.    
      
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 Daniel Sayre, 31, of Horseheads, NY, who was convicted of production of child pornography, was sentenced to 228 months (19 years) in prison and 30 years supervised release by U.S. District Judge Charles J. Siragusa.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that between January 2014 and February 2015, the defendant produced a sexually explicit video and still images of a minor related to him who was under the age of 12. The defendant used a computer and a Samsung camera to produce these images.
 
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force which includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the New York State Police, under the direction of Major Craig Hanesworth, and the Chemung County District Attorney’s Office, under the direction of Weedon Wetmore.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Porfirio Rosa, a/k/a Luis Rosa, 74, of Buffalo, NY, was arrested and charged by criminal complaint with making false statements in application for a passport.  The charge carries a maximum penalty of 10 years in prison.

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

Further investigation revealed that the name, social security number, and date of birth provided on the passport renewal application and original passport belonged to a man who died in 1995.  The Social Security Administration confirmed that the decedent’s social security number has not been reissued, and that the decedent’s widow has been receiving benefits since the decedent’s death.

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

Rosa made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.

The complaint is the result of an investigation by the Diplomatic Security Service, U.S. Department of State, under the direction of William Ferrari.

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Josue Ortiz, 34, of Niagara Falls, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

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

The complaint further states that Ortiz purchased the gun on December 22, 106 at a local sporting goods store.

The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending the continuation of a detention hearing on February 5, 2016 at 10:00 a.m. 

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

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

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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury in Buffalo, NY has returned a two count indictment charging Ryan Peltan, 30, formerly of East Aurora, NY, with armed robbery of a pharmacy and possession of firearm in furtherance of crime of violence. The charges carry a mandatory minimum penalty of seven years in prison, a maximum of 20 years, a fine of $250,000, or both.

Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the indictment, the defendant entered Larwood’s Pharmacy, located at 597 Oakwood Ave. in East Aurora, on October 24, 2015, and took, by force, a large amount of controlled substances. As reported publicly, during the course of the robbery, Peltan displayed a firearm and threatened the owner, two customers, and a 16 year old clerk before fleeing the pharmacy.

On October 26, 2016, police in Akron, Ohio were investigating a suspicious motor vehicle in a mall parking lot. During the investigation, officers observed the defendant and another individual in a car that contained 23 firearms and numerous amounts and types of controlled substances. These controlled substances were traced to Larwood’s Pharmacy, and were identified as the controlled substances taken from the armed robbery that occurred at Larwood’s. Peltan and the other individual were arrested and remain in custody in Akron, Ohio.

The indictment is the culmination of an investigation on the part of the East Aurora Police Department, under the direction of Chief Shane Krieger 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

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Robert Pritchett, 20, of Buffalo, NY, was arrested and charged by criminal complaint with Production, receipt and possession of child pornography and sex trafficking of minors. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life.

Assistant U.S. Attorney Aaron J. mango, who is handling the case, stated that according to the complaint, on July 10, 2014, the defendant was arrested by the Cheektowaga Police Department and charged with sexually assaulting and raping a 15 year old girl. The charges were filed after Pritchett had a 14 year old female send him naked pictures using the Kik messaging application in June of 2014. The 14 year old asked the defendant to delete the pictures but he refused. The 14 year old contacted a 15 year old friend who contacted Pritchett in an attempt to get him to delete the pictures. The defendant agreed if the 15 year old met him in person.

The 15 year old met the defendant in South Buffalo, NY and the two boarded a bus to the Galleria Mall in Cheektowaga, NY. Pritchett forced the 15 year old to have oral sex and sexual intercourse with him. The 15 year old reported the assault and rape to the Cheektowaga Police in July 6, 2014. Subsequently, law enforcement officers, acting in an undercover capacity, contacted the defendant through the 15 year old’s telephone. Pritchett agreed to meet the “15 year old” on July 10, 2014 at which time he was arrested.

A subsequent search of the defendant’s cellular telephone revealed naked images of numerous unidentified underage females as well as images of one known underage female (victim 1). According to the complaint, during an interview with officers, victim 1 said she told Pritchett she was 15 years old. She also indicated that the defendant filmed a video chat during which she was naked. After that video session, victim 1 said she began receiving messages on social media from strangers who had seen her video.

On November 8, 2015, the town of Tonawanda Police responded to the Erie County Medical Center for a report of the sexual assault of a 17 year old female (victim 2). Victim 2 told officers she met the defendant on a social media website and eventually began communicating through telephone. Victim 2 said she told Pritchett she was having trouble at her New Jersey residence and wanted to leave. The defendant encouraged victim 2 to come to Buffalo but stated she would have to have sexual relations with his adopted brother when she arrived among other things. Pritchett also convinced victim 2 to place an ad on Backpage.com offering sexual services in exchange for money. On November 6, 2015, victim 2 traveled to Buffalo where the defendant picked her up and took her to a motel in Tonawanda where the two had sex.

On November 7, 2015, the defendant made victim 2 place ads on Backpage.com and meetme.com advertising prostitution services. Later that day, victim 2 has sexual intercourse with an individual who responded to the ad on meetme.com.

On November 8, 2015, victim 2 boarded a bus to head back to New Jersey but she got off at a stop near the airport and called a family friend who drove her to the hospital.     

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

The complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Cheektowaga Police Department, under the direction of Chief David Zack, the Tonawanda Police Department, under the direction of Chief Jerome Ushold, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Erie County Sheriff’s Department, under the direction of Timothy Howard. 

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a grand jury has returned a four-count indictment charging Brandon Loyd, 19, and his father, Duane Loyd, 44, both of Buffalo, NY, with bank robbery and brandishing a firearm during the bank robbery. The bank robbery charges carry a maximum penalty of 25 years in prison and a $250,000 fine. The firearm charge carries a mandatory penalty of at least seven years prison up to life in prison, consecutive to any prison term imposed for the bank robbery and a $250,000 fine. Duane Loyd was also charged with possessing a firearm after having been convicted of a felony offense, which carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that according to the indictment, on December 7, 2015 at approximately 11:40 a.m., Brandon Loyd walked into the Key Bank located at 4248 Delaware Avenue in Tonawanda, NY, put a painter’s respirator mask over his face, approached the tellers, and demanded money.  As he was demanding money, the defendant displayed a firearm and issued orders causing the customers in the bank to raise their hands in the air. Brandon Loyd subsequently fled the bank with and entered a vehicle driven by his father, Duane Loyd. 

A police chase ensued which resulted in the getaway vehicle and a City of Tonawanda Police cruiser colliding. Both Duane Loyd and Brandon Loyd fled the getaway vehicle but were captured shortly thereafter. Police recovered a disassembled pistol with a magazine containing 12 rounds of ammunition.

The two will be arraigned before U.S. Magistrate Judge Hugh B. Scott at a later date.

The indictment is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen; the Town of Tonawanda Police Department, under the direction of Jerome C. Uschold, III; the City of Tonawanda Police Department, under the direction of Chief William Strassburg; 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 a federal grand jury returned a 12 count indictment charging Casey Swain, 37, of Buffalo, NY, with committing bank robberies, entering banks with intent to commit larceny, and bank larcenies.  The charges carry a maximum penalty of 20 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment, on four different dates, the defendant robbed First Niagara Bank branches in Buffalo, Lackawanna, Niagara Falls, and Kenmore.  Each of the four robberies involved the defendant passing similar notes which demanded that the money provided contain no bank security devices and instructed the victims not to make any eye contact or sudden movement or things would turn bad.

The defendant was arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and is being detained pending further proceedings.

The indictment is the culmination of an investigation by the Federal Bureau of Investigation, under the direction on the part of Adam S. Cohen, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Lackawanna Police Department, under the direction of Chief James Michel, the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and the Kenmore Police Department, under the direction of Chief Peter Breitnauer.

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 Gordon L. Montgomery, 57, of Batavia, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to conspiracy to distribute, and possess with intent to distribute, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $2,000,000, or both.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the charges resulted from a joint federal, state and local investigation, which revealed that Montgomery was responsible for traveling to California on two occasions in 2007 and obtaining quantities of methamphetamine from Richard W. Mar, the President of the Hell’s Angels, Monterey (CA) Charter, and transporting the methamphetamine back to the Western District of New York, where it was distributed to others.  The defendant made the trips to California on behalf of two other co-conspirators, James H. McAuley, Jr., then the Vice President of the Hell’s Angels, Rochester Charter, and McAuley’s wife, Donna Boon. McAuley and Boon sent Montgomery on both trips, paying for his airfare and paying him a $1,000 fee for each trip. The defendant obtained and transported between 500 grams and 1.5 kilograms of methamphetamine on the two trips.

This case was 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 Montgomery, Monterey (California) Hell's Angels President Richard W. Mar, Rochester Hell's Angels members James H. McAuley, Jr., of Oakfield, NY, and Jeffrey A. Tyler, of Rochester, NY, and Donna Boon, of Oakfield, were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Two other defendants, Paul Griffin, of Blasdell, NY, and Richard E. Riedman, of Webster, NY, were convicted for their roles in the methamphetamine conspiracy.  Judge Siragusa sentenced Griffin to probation and Riedman to 37 months in prison.  

Rochester Hell's Angels member Robert W. Moran, Jr., of Rochester along with Gina Tata, also of Rochester, are charged in the same indictment with assault with a dangerous weapon in aid of racketeering activity, and McAuley, 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, of Gates, NY, was convicted of being an accessory after the fact to the assault and conspiracy on July 6, 2015.  He is scheduled to be sentenced by Judge Siragusa on February 5, 2016.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The 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 is scheduled for May 3, 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 Richard Clarke, 47, a Canadian citizen residing in Buffalo, and Barrett Johnson, 32, of Jamestown, NY, were arrested and charged by criminal complaint with conspiracy to distribute controlled substances. The charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000.

“Synthetic drugs such as ecstasy and molly can be deadly and have no place on the streets of our community,” said U.S. Attorney Hochul. “As always, we work closely with our law enforcement partners at every level to ensure all drugs, including synthetics, and those who deal in them are brought to justice.”  

“These dangerous synthetic drugs are wreaking havoc in communities all over the country and right here in Western New York,” said HSI Buffalo Special Agent in Charge James C. Spero. “As today’s charges clearly demonstrate, HSI will continue to aggressively target the individuals and groups distributing this poison.”

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

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

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

The defendants made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder this morning and were released on conditions.    

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

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. –U.S. Attorney Williams J. Hochul, Jr. announced today that Yaily Santurio Milian, 32, a Cuban National, pleaded guilty before U.S. District Court Judge Richard J. Arcara to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000, or both.

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

Five other Cuban Nationals, Eduardo Quinones Hernandez, Claudia Diaz Diaz, Misael Toledo Rios, and Jose Valdivia Quinones have also been convicted in this case. Charges are pending against Yasser Carrillo Chartrand. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Steven Nigrelli. 
 
Sentencing is scheduled on May 23, 2016 before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a nine count indictment charging Jay Neal, 37, and Quashawn Lawrence, 25, both of Buffalo, NY, with conspiracy to possess with intent to distribute 100 grams or more heroin and crack cocaine, possession with intent to distribute, and distribution of, heroin, possession of heroin and crack cocaine with intent to distribute, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking activity, being a felon in possession of a firearm, and possession of a defaced firearm. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 45 years, and a $5,000,000.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, on October 20, 2015, Neal sold a quantity of heroin. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. The defendant left the meeting location and drove to the vicinity of Dodge St. and Michigan Ave. where a man later identified as defendant Lawrence exited a residence with a tan back pack and entered Neal’s vehicle.

Neal then drove to a residence at 87 Mariner St. in Buffalo. About an hour later, Neal and Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in United States currency. Lawrence was in possession of a quantity of crack cocaine. A search warrant executed inside 87 Mariner recovered a gun inside Lawrence’s tan back pack, and another gun, ammunition, 10 grams of heroin inside a dresser drawer, and multiple scales.
The defendants will be arraigned on February 2 and February 3, 2016 at 10:30am before U.S. Magistrate Judge H. Kenneth Schroeder.

The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Department, under the direction of Timothy Howard. 

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Dennis Bernhard, 56, of Derby, N.Y., pleaded guilty to bribery before Senior U.S. District Judge William M. Skretny.  The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Bernhard was a mail carrier for the United States Postal Service for 16 years, working out of the Eastside Station Post Office for the last 10 years. The Eastside Station covers the east side of the City of Buffalo. The investigation began when law enforcement officials learned that Bernhard had previously been paid by drug dealers to provide addresses of unsuspecting citizens in the City of Buffalo in order to mail boxes of narcotics. These addresses were within the defendant’s mail delivery route, so that when the boxes arrived in Buffalo, Bernhard did not deliver the boxes to the listed recipient address, but held on to the boxes and handed them directly to the drug dealers in exchange for cash payments.

When police approached Bernhard during an undercover operation in 2015, the defendant indicated he was willing to continue the scheme. During one transaction, Bernhard even said that one of the prior drug dealers “treated me pretty good. . . . at the end he was giving me like a hundred. . . .” (referring to $100 per box).

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

Sentencing is scheduled for May 18, 2016, at 11 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 Dennis Bernhard, 56, of Derby, N.Y., pleaded guilty to bribery before Senior U.S. District Judge William M. Skretny.  The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Bernhard was a mail carrier for the United States Postal Service for 16 years, working out of the Eastside Station Post Office for the last 10 years. The Eastside Station covers the east side of the City of Buffalo. The investigation began when law enforcement officials learned that Bernhard had previously been paid by drug dealers to provide addresses of unsuspecting citizens in the City of Buffalo in order to mail boxes of narcotics. These addresses were within the defendant’s mail delivery route, so that when the boxes arrived in Buffalo, Bernhard did not deliver the boxes to the listed recipient address, but held on to the boxes and handed them directly to the drug dealers in exchange for cash payments.

When police approached Bernhard during an undercover operation in 2015, the defendant indicated he was willing to continue the scheme. During one transaction, Bernhard even said that one of the prior drug dealers “treated me pretty good. . . . at the end he was giving me like a hundred. . . .” (referring to $100 per box).

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

Sentencing is scheduled for May 18, 2016, at 11 a.m. before Judge Skretny.

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

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Charles Kane, 46, of Spencerport, NY, who was convicted of attempted online enticement of minor, was sentenced to 120 months in prison and 240 months of supervised release by U.S. District Court Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant, a middle school teacher in the Hilton School District, was arrested April 2, 2015 as he attempted to meet with a person he thought was a 14 year old girl.

The investigation determined that in October 2014, the defendant posted an ad on Craigslist which read “daddy/daughter. Love younger women.” A federal law enforcement officer, working in an undercover capacity, posed as the father of a young daughter and conversed with Kane online for the next several months. During these conversations, Kane discussed traveling to meet the undercover and engaging in sexual activity with the undercover’s ten year old daughter. 

On January 26, 2015, another undercover officer noticed a different sexually explicit ad on Craigslist which was traced back, once again, to the defendant. The officer responded to the ad in the persona of a 14 year old girl. Kane responded that he was “down with it.” The defendant asked the girl where she lived and said he wanted to meet her. The two remained in contact through March of 2015. During online chats, Kane sent the undercover officer photos of himself, including one he took in the men’s room at the Middle School where he taught, and repeatedly asked for photos of the 14 year old girl. Also during the chats, the defendant repeatedly discussed engaging in sexually explicit activity with the child and traveling to and meeting with the child for sexual purposes. One message read “I could get a room and I could sneak you there.” Kane acknowledged that he could get in “big trouble” and told the girl “this is between you and me.”

Following repeated requests, the girl agreed to meet the defendant at a theatre in Webster on April 2, 2015. The defendant was observed entering a pharmacy just before meeting with the undercover, where they learned that Kane purchased a box of condoms. Kane was arrested as soon as he pulled up to the theatre parking lot. He has been in federal custody since his arrest, and was held following a detention hearing last month.       

The sentencing is the culmination of an investigation by the New York State Police, under the direction of Major Craig Hanesworth and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Adam S. Cohen. The task force includes the Buffalo Police Department, Cheektowaga Police Department, Niagara County Sheriff’s Office, 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. – In the second case this week involving a doctor illegally prescribing narcotics, and the third case this week involving a medical professional, U.S. Attorney William J. Hochul, Jr. announced today Dr. Albert R. Cowie, 37, of Amherst, NY, pleaded guilty to obtaining controlled substances by fraud and health care fraud before U.S District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine or both.  
“As stated several times before, this Office is committed to identifying and prosecuting all traffickers of narcotics – whether they be medical professionals or corner drug dealers,” said U.S. Attorney Hochul. “With this being the third case this week involving a medical professional, hopefully that focus will become known to those who contribute to the current opiate/opioid crisis.”
“DEA Special Agent in Charge James J. Hunt stated, “Three out of four people who use heroin previously abused prescription drugs. It is imperative to regulate the distribution of prescription medication; and this plea represents law enforcement’s commitment to keeping diverted prescription medication off the streets.” 
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between January 2010 and March 22, 2014, the defendant, a practicing radiologist, wrote more than 200 illegal prescriptions for controlled substances such as Oxycodone, Percocet, and Hydrocodone. The prescriptions were distributed to an individual who then went to local pharmacies and had the scripts filled. The individual retained some of the controlled substances for personal use but returned the remainder of the narcotics to Cowie for his own use.
During a meeting between Cowie and a confidential witness, the defendant advised the witness to lie to insurance investigators about his alleged prescription fraud. The witness is quoted as saying to the defendant “okay so just say they were written for me even though they were written for you…is what you’re saying? Cowie replied “right.” 
As a result of the prescription fraud, Univera Health Care and HealthNow New York were fraudulently billed $20,482.83. 
On Monday, Dr. Pravin Mehta was sentenced to 24 months in prison for illegally prescribing massive quantities of pain medications. And on Wednesday, Leyla Samadi was convicted of illegally obtaining controlled substances by fraud.  
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, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Bureau of Narcotic Enforcement, under the direction of NYS Health Commissioner Howard Zucker, and the Amherst Police Department, under the direction of Chief John Askey.
Sentencing is scheduled for May 6, 2016 at 11:00 a.m. before Judge Vilardo. 

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

BUFFALO, N.Y. — U.S. Attorney William J. Hochul, Jr. announced today that Andre Wise, 37, of Buffalo, pleaded guilty to conspiracy to distribute marijuana before U.S. District Judge Richard J. Arcara.

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

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

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

Today’s 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.   

Wise will be sentenced on May 16, 2016 at 12:30 p.m. before Judge Arcara.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Thomas F. Stephenson, MD, 72, of Rochester, NY, who was convicted of committing health care fraud, was sentenced to one year probation and ordered to perform 200 hours of community service by Chief U.S. District Judge Frank P. Geraci. The defendant was also fined $25,000.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Stephenson, a radiologist, owned and operated Westside Imaging in Rochester. From January 2007 to April 2010, the defendant engaged in a scheme to defraud Excellus Health, MVP Health and Medicare by double-billing certain x-rays. In total, Stephenson fraudulently sought reimbursements of approximately $135,961.77.

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

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Leyla Samadi, 54, formerly of Buffalo, NY, currently of St. Mary’s County, Maryland, pleaded guilty to illegally obtaining controlled substances by fraud. The charge carries a maximum penalty of four years in prison and a $250,000 fine.

“This nurse not only stole pain medicine intended for patients, she refilled the medicine bottles with useless saline to conceal her tracks,” said U. S. Attorney Hochul.  “Because Samadi then returned the tampered bottles to the dispenser, it’s possible that  deserving patients received nothing more potent than water.”

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between November 22, 2014 and January 7, 2015, the defendant tampered with pain medications Demerol and Hydromorphone while working as a registered nurse at Sisters of Charity Hospital in Buffalo.

Samadi, while working in her capacity as a nurse, would log into a Pyxis machine which is used to automatically dispense liquid pain medications using her username and fingerprint scan. The defendant would identify the narcotic and patient it would be administered to. But rather than administer the medication to the patient, Samadi would instead inject herself with the narcotic. The defendant then replaced the missing medication with saline solution and returned it to the Pyxis machine. Once she returned the vile to the Pyxis machine, Samadi would cancel the transaction claiming that she had selected the wrong medication or the wrong patient. 

This is the second time in three days there has been a development involving a medical professional accused of inappropriately utilizing controlled substances. On Monday, Dr. Pravin Mehta was sentenced to 24 months in prison for illegally prescribing massive quantities of pain medications.  

The plea is the culmination of an investigation by the Food and Drug Administration, Office of Criminal Investigations, under the direction of Acting Special Agent in Charge Spencer Morrison, the New York State Attorney General’s Office, under the direction of Eric T. Schneiderman, New York State Department of Health, Bureau of Narcotic Enforcement, under the direction of Joshua Vinciguerra, and the New York State Office of the Attorney General, Medicaid Fraud Control Unit, under the direction of Chief Upstate Investigator Upstate William Falk.

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

ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr., announced today that Daniel Tanck, 33, of Rochester, NY, who was convicted of sex trafficking of a minor, was sentenced to 150 months in prison and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci, Jr. 

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Tanck placed an ad on Backpage.com for a minor female victim to engage in prostitution activities. The defendant took pictures of the victim for the Backpage.com ad at his residence on Emerson Street in Rochester. Tanck also transported the victim, who was under 15 years old, for outcalls to service customers.

Tanck was arrested along with Robert Palermo. Palermo was sentenced to 135 months in prison for attempting to hire a hit man to murder the victim in this case. 

The sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation's Cyber Crimes Task Force, which includes the Monroe County Sheriff's Office, the Rochester Police Department, and Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by 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 Adam Rissew, 39, a former Monroe County Public Defender currently of Rochester, NY, formerly of Medina, NY, who was convicted of possession of firearm in furtherance of a drug trafficking, was sentenced to 60 months in prison by U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on July 20, 2012, Medina police officers and members of the Orleans County Major Felony Crime Task Force searched Rissew’s then-residence at 305 Catherine Street in the Village of Medina. Officers found and seized in excess of fifty marijuana plants, paraphernalia related to the grow operation, numerous firearms and 684 rounds of various types of ammunition.  Among the firearms found and seized was a loaded Glock 9mm semi automatic pistol that was secreted between Rissew’s mattress and box springs. During his plea Rissew admitted he used the pistol to protect his marijuana grow operation.

The sentencing is the result of an investigation by the Medina Police Department, under the direction of Chief Jose Avila, officers of the Orleans County Major Felony Crime Task Force, under the direction of Chief Investigator Joseph Sacco, and Orleans County District Attorney Joseph Cardone.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that that a federal jury has convicted Derek McQuiller, 42, of Buffalo, NY, of possession with intent to distribute cocaine. The charge carries a maximum sentence of 30 years in prison, a fine of $2,000,000, or both.

  Assistant U.S. Attorneys Edward H. White and Stephanie O. Lamarque, who handled the prosecution of the case at trial, stated that during a traffic stop on April 22, 2015, the defendant threw a plastic bag out of the passenger window. The bag was recovered and found to contain 10 individually wrapped baggies of cocaine. McQuiller threw another plastic bag out of the driver’s side window. That bag was recovered and found to contain marijuana. During a subsequent search of the vehicle, another baggie of cocaine was discovered under the passenger floor mat. 
  The defendant was transported to the Town of Tonawanda Police Station and three additional baggies of cocaine were found later that night under the bench where McQuiller had been booked. The defendant also was alleged to have given a baggie of cocaine to a female acquaintance earlier that night in a motel room. 
  McQuiller has five prior state and federal convictions, all for drug trafficking offenses.
Today’s verdict 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 Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III, and the Kenmore Police Department, under the direction of Chief Peter Breitnauer.

Sentencing is scheduled for May 2, 2016 at 10:00 a.m. before Judge Lawrence J. Vilardo who presided over the trial.

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

ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that David E. Foltz, 34, of Lockport, NY, was arrested and charged by criminal complaint with bank robbery and attempted bank robbery for incidents in Rochester and Brockport, NY. The charges carry a maximum sentenced of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that according to the complaint, on August 12, 2015, the defendant entered the Canandaigua National Bank and Trust on Alexander St. in Rochester. Foltz approached a teller and indicated that he wanted to open an account. After a short time, the defendant was taken into the office of a manager at which time he asked once again about opening an account as well as a safe deposit box. Foltz asked to go to the safe deposit box area but was told he could only go to the area if he purchased a box. At that time, the defendant lifted up his shirt revealing a black box with green buttons and black wires and a black handgun. Foltz stated “I’ve got this and this, so take me back to the vault.” The defendant then ordered the manager to get all of the $100’s, $50’s and $20’s from the tellers. After collecting the money, Foltz left the bank. After reviewing surveillance photos, law enforcement officers believe the defendant was wearing a bullet proof vest.

The complaint further states that on November 12, 2015, the defendant entered the Chase Bank branch on Main St. in Brockport. After waiting in line with several other customers, Foltz left the bank appearing agitated and rushed. The defendant returned approximately 30 minutes later and got back in to the teller line. Foltz once again inquired about opening an account and a safe deposit box. After adjusting his shirt, a bank employee noticed what appeared to be the handle of a gun and activated an alarm. The defendant asked twice if the alarm was activated but the employee did not answer. At that time, Foltz left the bank without any money. After reviewing surveillance photos, law enforcement officers believe the defendant was once again wearing a bullet proof vest.

According to the complaint, the defendant committed similar incidents on November 14, 2015 in Brooklyn, NY and December 4, 2015 in Erie, Pennsylvania.

Foltz made an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on January 27, 2016 at 3:30 p.m.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation’s Rochester Area Major Crimes Task Force, under the direction of Special Agent in Charge Adam S. Cohen; the New York State Police Troop E Canandaigua, Special Investigations Unit Buffalo, and Troop T Dunkirk; the Rochester Police Department, the Brockport Police Department, the New York City Police Department; the FBI New York Office; the Erie, PA Police Department; the FBI Pittsburgh Office; the Girard, Ohio Police Department; the FBI Cleveland Office; and the Lockport 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 Pravin Mehta, 78, of Amherst, NY, who was convicted of conspiring to illegally dispense controlled substances from his medical office by issuing prescriptions other than for a legitimate medical purpose and not in the usual course of professional practice, was sentenced to 24 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay a fine totaling $500,000 in addition to $125,000 previously forfeited in this case. 

“In abusing his medical license, this defendant did more than harm those who relied upon him for treatment and healing,” said U.S. Attorney Hochul. “His unprofessional and disgraceful conduct turned those patients into virtual zombies, and contributed to the massive opioid crisis our entire community continues to experience to this day. Let today’s sentence be a message that we will continue to prosecute drug dealers of every type, whether they wear overcoats or white coats, and peddle their commodities on street corners or in doctor’s offices.”

Drug Enforcement Administration Special Agent in Charge James J. Hunt stated, “The 2011 investigation into crimes conducted by Dr. Mehta, and others in his practice, spearheaded similar investigations into rogue doctors throughout the country.  Doctors who illegally prescribe pain medication for non-medical purposes transform their medical offices into drug dealers’ stash houses. Today’s sentencing fares a reminder of the consequences that face those rogue doctors who fuel the opioid epidemic we currently face by their illegal diversion of prescription medication.”

Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that Mehta is a former physician who practiced medicine in the City of Niagara Falls. The defendant surrendered his medical license immediately after being first charged in this case in January 2011.

Mehta wrote prescriptions for narcotic pain medications, such as fentanyl, hydrocodone, oxycodone, and oxymorphone, for individuals without conducting legitimate medical examinations. In 2010, the Government sent four individuals who were part of the investigation to see the defendant at his office on 10 different occasions. On all but the last visit, Mehta issued prescriptions for controlled substance pain medication at the request of the individuals without conducting a thorough medical exam.

In addition, on four separate occasions between December 2007 and January 2010, prior to leaving the country for multiple weeks, the defendant signed blank prescriptions and directed his office manager, who was not a trained medical provider, to complete the prescription by writing in a patient’s name, type, amount, and dosage of controlled substances whenever a patient came to the office in his absence seeking pain medication.  In fact, Mehta’s medical staff did not include any licensed medical professionals, such as other doctors, physician assistants, registered nurses, or licensed practical nurses.

The defendant was arrested in January 2011 along with 13 others. All 14 individuals have now been convicted and sentenced.      

The sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto, the Niagara County Sheriff's Drug Task Force under the direction of Sheriff James Voutour, the New York State Medicaid Fraud Control Unit, the New York State Bureau of Narcotic Enforcement, and the Internal Revenue Service, Criminal Investigation Division, New York Field Division under the direction of Special Agent in Charge Shantelle P. Kitchen.

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 Juan Rivera Reyes, 31, Jean Carlos Alvarez Dejesus, 29, both of Rochester, NY, and Edwin Montanez, 27, of the Bronx, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to conspiracy to distribute heroin. The charges carry a maximum sentence of 40 years in prison, a fine of $5,000,000, or both.   

Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that in 2015 the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Rochester Police Department conducted a multi-agency investigation into a significant Philadelphia-based heroin trafficking organization. The organization regularly supplied large quantities of heroin to a Rochester distribution network. The investigation, which included the use of court approved eavesdropping warrants (wiretaps), revealed that members of the Philadelphia organization regularly provided quantities of heroin for re-sale on the streets of Rochester, using several cars that were equipped with hidden compartments. The Philadelphia organization provided heroin that was prepackaged, stamped and ready for immediate distribution once it arrived.  

In May 2015, 11 members of the organization were arrested and charged by criminal complaint in connection with the investigation. To date, five defendants have been convicted. 

The pleas are the culmination of an investigation by the Federal Bureau of Investigation, 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 Division, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County District Attorney’s Office, under the direction of Sandra Doorley, the Greater Rochester Area Narcotics Enforcement Team (GRANET), the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Pennsylvania State Police.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
            
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Igor Kasap, 35, of Rochester, NY, who was convicted of receiving stolen goods, was sentenced to one year probation by U.S. District Court Judge Charles J. Siragusa.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant and co-defendant, Arkadiy Kasap, operated a shipping company located at 500 Trolley Boulevard in Rochester. The shipping company operated under various names including A.S.A.P. Trans, Inc.

In September, 2011, A.S.A.P. Trans was involved in shipping 16 pallets of synthetic jet engine oil from an Exxon-Mobil plant in Edison, New Jersey to a facility in Portland, Oregon. Each pallet contained 40 cases of oil and was valued at $14,000 per pallet. While in transit from New Jersey to Oregon, one of the pallets was stolen and diverted to the defendant’s Trolley Boulevard warehouse.

Kasap and his co-defendant put the pallet of stolen oil online using eBay in an attempt to sell it. However, investigators saw the online posting and set up an undercover operation during which they recovered the stolen oil from the defendants.

Arkadiy Kasap has been convicted and is awaiting sentencing. 
   
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation under, the direction of Special Agent in Charge Adam S. Cohen, Inspectors with the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division, and Officers and Investigators of the Gates Police Department, under the direction of Chief James VanBrederode.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Raymond Collazo, 30, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute 100 grams or more of heroin and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, a fine of $5,250,000 or both. 

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Collazo led a Rochester-based drug organization which processed, packaged and resold large quantities of crack cocaine and heroin in the City of Rochester. Collazo and co-defendant Luis Abril utilized multiple locations, including 617 Ridgeway Avenue in Rochester to store, process and distribute the narcotics, and armed themselves while doing so.

On April 24, 2014, Collazo, Abril and others were arrested following the execution of multiple search warrants in Rochester, as well as Collazo’s residence in Orlando, Florida.  Collazo and Abril were taken into custody at 617 Ridgeway Avenue where officers seized over 12 grams of cocaine packaged for sale, 200 grams of heroin, three loaded handguns, one of which was stolen, dozens of rounds of ammunition, $2,466 in U.S. currency, and paraphernalia for processing, packaging, and distributing cocaine and heroin.

Abril was previously convicted and sentenced to 10 years in prison.      

Today’s plea is the culmination of an investigation by the Organized Crime Drug Enforcement Task Force, and included involvement by the part of Rochester Police Department, under the direction of Chief Michael Ciminelli, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.

Sentencing is scheduled for April 25th at 2:15 p.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 Jing Lin, 35, currently of Stanley, North Carolina, formerly of Niagara Falls, NY, who was convicted of making a false statement, was sentenced to one year of probation by U.S. District Judge Richard J. Arcara.  

Special Assistant U.S. Attorney Brian J. Counihan, who handled the case, stated that the defendant, originally from China, has been a permanent resident of the United States since 2012. Lin operated the Jing Buffet Restaurant on Military Road in Niagara Falls. During an inspection of the restaurant’s workforce, the defendant made false statements about the number of people working for him and the citizenship status of his  employees.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Brandon Meade, 27, of Rochester, NY, who was convicted of conspiring to transport and transfer stolen property with an aggregate value of at least $5,000 in interstate commerce, was sentenced to time served after serving nearly nine months in prison, by U.S. Senior District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that the defendant ran East Side Gold and Car Audio, a pawn shop located at the corner of North Goodman and Clifford Avenues in Rochester. In that role, Meade assisted several other individuals, including co-defendant Rico J. Vendetti, in obtaining over $350,000 in stolen merchandise. The merchandise was obtained through an organized ring of shoplifters who stole from large retailers such as Walmart, Sears, Home Depot, JoAnn Fabrics, Tops, and Wegmans. The merchandise was then sold by Vendetti on eBay for approximately half of its retail value.

 Vendetti, along with Arlene Combs, Albert Parsons, and Donald Griffin, have been convicted in connection with the death of 78-year old Homer Marciniak, which occurred during the course of a home invasion robbery at Marciniak’s home in Medina, NY in July, 2010.  Meade was not involved in the home invasion. During the robbery, Marciniak’s valuable collection of collectible comic books was stolen and Marciniak was beaten. Several hours after being treated for bruises and lacerations suffered during the robbery, and released from the hospital, Marciniak was readmitted to the hospital where he died of a heart attack.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ricky Miller, Jr., 58, of Rochester, NY, who was convicted of conspiracy to commit mail fraud, was sentenced by U.S. District Judge David G. Larimer to 20 months in prison. The defendant was also ordered to pay restitution of approximately $105,000 to the victims of the fraud scheme.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that Miller and co-defendant Charles Hanks served as “money mules” for a Jamaican group that operated a fraudulent sweepstakes telemarketing scheme. The scheme targeted elderly individuals who received telephone calls claiming that they had won a sweepstakes prize or lottery. Victims were asked to pay an upfront fee in order to release the purported winnings. Miller, who was and is a custodian with the Rochester City School District, and Hanks acted as points of contact in the United States to receive the money from the victims which they then sent to Jamaica after taking a substantial cut. 

Charles Hanks was convicted and sentenced to 12 months in prison.

Sentencing is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski, Boston Division.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Scott Scaccia, 34, of Rochester, NY, who was convicted of trafficking counterfeit goods, was sentenced to two years probation, including six months of home detention, by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that in April 2015, agents with Immigration and Customs Enforcement, Homeland Security Investigations executed a search warrant at A Plus Vapes & Deals, a storefront located in Batavia, NY. The store marketed and sold counterfeit tobacco vaporizers manufactured in and distributed from China. Scaccia obtained the counterfeit vaporizers from his brother in California and through the Chinese website, AliExpress.com. In total, approximately 90 counterfeit vaporizers were seized.      

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Matthew DiFlorio, 28, of  Rochester, NY, who was convicted of enticement of a minor using a means and facility of interstate commerce, was sentenced to 10 years in prison and 20 years supervised release by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that in June 2015, the mother of a thirteen year old minor advised the Rochester Police Department that her child had been communicating with two men. According to the mother, one of the two men, DiFlorio, was working as a Lifetouch school photographer and the mother had, at one point, attempted to contact DiFlorio to tell him to stay away from her child. According to the minor, the minor had communicated with the defendant using the application “Kik” and ended up meeting him in February 2015. 

After taking over the minor’s phone, law enforcement officers received a text message from DiFlorio on June 22, 2015. An officer, assumed the minor’s identity and engaged in texts with DiFlorio. The two arranged a meeting for June 23, 2015 at a local fast food restaurant. The defendant arrived at the meeting and was confronted by law enforcement officers. DiFlorio admitted to having had sex with the minor and admitted to engaging in communications with the minor through text messages in order to meet.

The plea is the result of an investigation by the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes members of the FBI, the Rochester Police Department, the Monroe County Sheriff’s Office, Immigration and Customs Enforcement, Homeland Security Investigations, and the Monroe County District Attorney’s Office.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that five defendants convicted in a scheme to defraud the Xerox corporation by submitting fictitious bills for work never performed on equipment, were sentenced by Chief U.S. District Judge Frank P. Geraci. Sentenced were:

• Anthony Fretto, of Webster, NY, who was convicted of conspiracy to commit mail fraud and conspiracy to engage in monetary transactions involving the proceeds of unlawful activity, was sentenced to 12 months in prison and ordered to pay restitution to Xerox totaling $4,061,000.
• Daniel Streff, of Webster, NY, who was convicted of conspiracy to commit mail fraud, was sentenced to five years probation and ordered to pay restitution to Xerox totaling $850,000.
• Thomas Randall, of Marion, NY, who was convicted of conspiracy to commit mail fraud, was sentenced to five years probation and ordered to pay restitution to Xerox totaling $298,000.
• Edward Hawkins, of Marion, NY, who was convicted of conspiracy to commit mail fraud, was sentenced to five years probation and ordered to pay restitution to Xerox totaling $185,000.
• And David Dailey, of Bloomfield, NY, who was convicted of conspiracy to commit mail, was sentenced five years probation and ordered to pay restitution to Xerox totaling $175,000.

Assistant U.S. Attorney Bradley E. Tyler, who handled the case, stated that between 2002 and 2007, the defendants, along with five other individuals, perpetrated a scheme through Clarkson Auto Electric to defraud the Xerox Corporation. The scheme involved the submission of false invoices for parts and repair services related to the maintenance of the forklift fleet at the Xerox facilities in Webster. The defendants, through Clarkson Auto Electric, issued approximately $4,100.000 in false invoices to Xerox which was charged for new forklift parts and repair services that were ordered by the defendants but never provided to Xerox.

Five other defendants, John Jarnot, Mathew Lavilla, Gerald Fretto, James Noto, and Randy Vansteen have all been convicted.

The sentencings are the culmination of a joint investigation on the part of the Internal Revenue Service, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, and the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector in Charge, Boston Division, United States Postal Inspection Service. 

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Phally Suong, 35, of Rochester, NY, pleaded guilty to mail fraud before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 20 years in prison and a fine of up to $250,000.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Suong worked as a customer service representative for Rochester Gas & Electric Company. The defendant used her position to access RG&E billing systems and alter customer information for inactive accounts awaiting refunds. Suong changed the information in the system from the actual customer’s name to the names of herself and family and friends. As a result, fraudulent refund checks were mailed to the defendant and other individuals totaling over $199,000. 

Co-defendant Hoeub Chan received a number of fraudulent refund checks totaling over $72,000 and was sentenced to one year in prison.

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

 Sentencing is scheduled for April 15, 2016 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 Charles Hanks, 47, of Rochester, NY, who was convicted of mail fraud, was sentenced to 12 months in prison by U.S. District Judge David G. Larimer. The defendant was also ordered to pay restitution of $105,100.00 to the victims of the fraud scheme.

Assistant U.S. Attorney John J. Field, who handled the case, stated that Hanks worked with co-defendant Ricky Miller and a Jamaican group in a fraudulent sweepstakes telemarketing scheme that targeted elderly individuals. Victims were called on the telephone and told that they had won a sweepstakes prize or lottery.  Victims were then asked to pay an upfront fee in order to release the purported winnings. 

Hanks and Miller agreed to act as a point of contact in the United States to receive the money from the victims and then forward it to Jamaica after taking a substantial cut.  Between January 2012 and September 2013, the victims sent approximately $300,000 to Hanks and Miller.

Ricky Miller was convicted and is awaiting sentencing.

The sentencing is the culmination of an investigation by the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski, Boston Division.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y. – U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a three count indictment charging Jose Alvarado, 27, of Irondequoit, NY, with coercing a minor to engage in unlawful sexual activity, receipt of child pornography and possession of child pornography.  The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a$250,000 fine.

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

The defendant was arraigned today before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a bail hearing on January 21, 2016, at 9:30 a.m..

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

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 Clarence Lambert, 23, of Brooklyn, NY, who was convicted of conspiracy to commit Hobbs Act robbery and use and brandishing of a firearm during a crime of violence, was sentenced to 25 years in prison by U.S. District Judge Elizabeth A. Wolford.

“Throughout our country’s history, the sanctity of the home and the safety and privacy it provides has been guarded and defended,” said U.S. Attorney Hochul. “This defendant, and others, violated this most fundamental of American values, while victimizing those who lived within. Today’s sentence sends a strong message that such conduct will not be tolerated and, if repeated by others in the future, will bring swift and substantial punishment.”      

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that the defendant participated in two armed, home invasion robberies. Lambert and co-defendants Earl McCoy and Matthew Nix believed two victims living at a residence on Hayward Avenue in Rochester were involved in the unlawful possession and distribution of controlled substances, including marijuana and cocaine. As a result, the three conspired to rob the victims in their residence at gunpoint. On September 15, 2014, Lambert and Earl McCoy broke into the residence, brandished firearms, and demanded money and drugs from two victims. Lambert and Earl McCoy restrained the victims at gunpoint, searched the residence, and threatened to kill the victims if they called the police. After finding no money or drugs, the defendant and Earl McCoy fled the residence after taking a cell phone belonging to one of the victims.

On October 7, 2014, Lambert, and co-defendants Earl McCoy, Matthew Nix, Jessica Moscicki, Gary Lambert, and Jecovious Barnes, went to 49 Polo Place in Rochester to rob a third victim of jewelry, watches, and cash. Moscicki backed a vehicle into the driveway and waited while the defendant, Jecovious Barnes, and Gary Lambert, who were armed with weapons, including a firearm, broke into the residence. Inside the residence, Clarence Lambert beat the third victim and his wife with a firearm while demanding money, jewelry, and watches. The defendant and his accomplices left with approximately $20,000 in United States currency, five loose diamonds, and approximately 20 to 40 luxury watches.
 
Jessica Moscicki then drove the defendant, Gary Lambert and Jecovious Barnes from the robbery to meet Earl McCoy and Matthew Nix at the home of Nix’s mother on Electric Avenue in Rochester. Earl McCoy and Matthew Nix were given the proceeds of the robbery. Matthew Nix then divided some of the proceeds of the robbery, including luxury watches and cash, among the co-conspirators. Matthew Nix maintained possession of the remaining cash, jewelry, and watches stolen from 49 Polo Place.

On October 14, 2014, Clarence Lambert and Jessica Moscicki entered Rochester Pawn Brokers on State Street in Rochester to provide one of the stolen watches to owner Samuel, Cruz, Jr. As Cruz examined the watch in a back office, law enforcement officers arrived to take the defendant into custody. Clarence Lambert fled on foot but was taken into custody while hiding inside a garage on Frankfurt Street in Rochester.

Jessica Moscicki, Jecovious Barnes, and Gary Lambert, have been convicted and are in custody awaiting sentencing.

Earl McCoy was arrested November 8, 2014 in North Charleston, South Carolina. He is charged with Hobbs Act conspiracy, Hobbs Act robbery, Attempted Hobbs Act robbery, and three counts of use of a firearm during and in relation to a crime of violence. Charges are 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.  

Matthew Nix was arrested on May 18, 2015 in Rochester in connection with a separate heroin trafficking investigation. Nix, who is in custody, is also charged with Hobbs Act conspiracy, Hobbs Act robbery, being a felon in possession of a firearm, narcotics conspiracy and use of a firearm during and in relation to a crime of violence and a drug trafficking crime in connection with this case. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The sentencing is the culmination of an investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan, 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, 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, and the Rochester Police Department under the direction of Chief Michael Ciminelli.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Benjamin Golembiewski, 28, of West Seneca, N.Y., who was convicted of money laundering conspiracy, was sentenced to 37 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on August 22, 2014, the defendant shipped a package containing $77,000 in United States currency, which was marijuana sale proceeds, to a co-conspirator in Carlsbad, California.
On September 26, 2014, Drug Enforcement Administration agents executed a search warrant at Golembiewski’s residence, which was in Buffalo at the time, and seized $224,123 in United States currency, three firearms and ammunition, and a 65-inch television.
The defendant was arrested along with co-defendants James Parish and Justin Stevens. Parish and Stevens have been convicted and are awaiting sentencing.
The sentencing is the result 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 Niagara Frontier Transportation Authority Police, under the direction of Chief George W. Gast.

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 and indictment charging Jose Manuel Lua-Guizar, 25, Max Riestra, 40, both of Mexico, and Pethrod Dunnigan, 37, of Buffalo, NY, with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and one kilogram or more of heroin. Defendants Guizar and Riestra were also indicted on charges of a money laundering conspiracy. The charges carry a mandatory minimum 10 years in prison, a maximum of life, a $10,000,000 or both.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and previously filed complaints, law enforcement officers began investigating a sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of Los Angeles, California area in 2014. Max Riestra was identified as being responsible for managing multiple bank accounts that were used to launder proceeds from drug sales. 

The indictment further states that the organization shipped drug packages to various states including New York, New Jersey, Illinois, and Colorado. Members of the organization then used bank accounts, primarily through Bank of America, to launder the drug cash back to the greater Los Angeles area. During the course of the investigation, officers executed search warrants that resulted in the seizure of drugs including one seizure of 21 kilograms of cocaine and three kilograms of heroin. 

The investigation further revealed that a FedEx account controlled by Max Riestra was used to send packages to Buffalo, NY, including some to co-defendant Jose Manuel Lua-Guizar. Guizar would travel from California to Buffalo to receive the packages and distribute the cocaine to local Buffalo area drug dealers, including defendant Pethrod Dunnigan.

The proceeds from the cocaine sales were deposited in local Bank of America branches in amounts just under $10,000. Deposits of $10,000 or more require the bank to report the transaction. According to the indictment, the total amount of money deposited in this fashion had reached nearly $2,000,000. 

The defendants have been arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and are being detained.    

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

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