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 Alie Hassan, 30, of Buffalo, NY, who was convicted of food stamp fraud, was sentenced to two years probation and ordered to pay restitution in the amount of $69,348.00 by U.S. District Judge Elizabeth A. Wolford.

 Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that Hassan owned and operated the Broadway Mart & Deli located at 1358 Broadway Street in Buffalo. From April 2011 to August 30, 2012, the defendant knowingly purchased food stamp benefits for less than their full value for cash.

The sentencing is the result of an investigation by Special Agents of the U.S. Department of Agriculture.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Ricky Lee Pyzikiewicz, 28, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute cocaine and being a felon in possession of a firearm, before U.S. District Judge Elizabeth Wolford. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine or both.

Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, stated that on November 15, 2010, law enforcement officers searched the defendant’s residence on Maurice Street in Buffalo. Officers seized baggies later determined to contain cocaine and marijuana as well as a rifle and ammunition.

  The search was part of an ongoing criminal investigation into narcotics trafficking by Pyzikiewicz and co-defendant Ashley Marie Gnocchini, 29, of Cheektowaga, NY. During the morning hours of November 15, 2010, officers had set up an undercover purchase with the defendants. As Pyzikiewicz and Gnocchini drove to the area of Milestrip Road and McKinley Parkway in Hamburg, NY, Orchard Park, NY police officers pulled over a gray Saturn Ion the two were riding in. Pyzikiewicz appeared to hide something under his seat. A Hamburg Police Department canine unit responded to the scene, a canine sniff was conducted, and was positive for the presence of narcotics.  A subsequent search was conducted and quantities of cocaine were recovered.

Gnocchini was convicted of conspiracy to possess with intent to distribute cocaine and will be sentenced March 2, 2016 at 2:30 p.m.

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

Pyzikiewicz will be sentenced on May 4, 2016 at 10:00 a.m. before Judge Wolford.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Otis Willis, Jr., 33, of Rochester, NY, who was convicted of conspiracy to commit sex trafficking of a minor was sentenced to time served (24 months) by Chief U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Tiffany H. Lee and Bradley Tyler, who handled the case, stated that between January 2012 and August 2012, the defendant conspired with Tiffany St. Denis to entice a female victim under the age of 18 to engage in commercial sex acts. Specifically, St. Denis posted ads for the female victim to engage in prostitution and Willis paid for hotel rooms at a Red Roof Inn.   

Tiffany St. Denis was convicted and sentenced to 41 months in prison.

The sentencing is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. 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 Jeffrey Paden, 47 of Frewsburg, NY, who was convicted of possession of child pornography, was sentenced to 57 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Aaron J. Mango and Scott S. Allen, Jr., who handled the case, stated that on September 20, 2007, the defendant knowingly possessed over 600 images of child pornography which were stored on his personal computer. Paden obtained these images over the internet. Some of the images depicted prepubescent minors or minors less than 12 years of age.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Raul Matos, 49, of Buffalo, NY, who was convicted of distributing heroin, was sentenced to six months home detention and five years probation by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on three occasions in June and July 2014, the defendant sold heroin to an individual in Buffalo.

The sentencing is the result of an investigation on the part of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, Buffalo 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 Timothy Murphy, 50, of Amherst, NY, who was convicted of possession of child pornography, was sentenced to 36 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on October 15, 2014, law enforcement officers executed a search warrant at the Kings Highway residence of the defendant who worked as a technician for the Kenmore Tonawanda School District at the time. The officers recovered a computer being used by Murphy. A subsequent forensic examination determined that the computer contained approximately 123 images and one video of child pornography. Some of the images depicted children under the age of 12 years old. Some of the images also contain depictions of violence.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Alexander R. Filippone, 24, of Tonawanda, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, methylone, was sentenced to 30 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 three dates in February, March, and April 2013 the defendant sold methylone, which is sometimes sold on the street as “molly,” to an undercover police officer in commercial parking lots in Tonawanda and Amherst, NY. Methylone can cause violent and self-destructive behavior, seizure, paranoia, hallucinations, and death in some cases.
The sentencing is the result of an investigation on the part of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the New York State Police, under the direction of Major Steven Nigrelli.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Joshua B. Abernathy, 30, of Pulaski, Tennessee, pleaded guilty before U.S. District Judge Richard J. Arcara, to wire fraud. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Abernathy advertised electrical devices for sale on eBay to convince prospective purchasers to wire transfer funds to bank accounts he controlled. The prospective buyers thought they purchased “vibration analyzers” which are designed to detect defects in manufacturing equipment but the defendant had no such devices to sell.  Two victims, one of whom lived in Erie County, lost a total of more than $48,000 as a result of the scheme.

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
 
Sentencing is scheduled on April 20, 2016, before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
  
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal jury found Ronald T. Spoor, 54, of Waterloo, NY, guilty of production and possession of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison and a maximum of 30 years.

“To learn that one’s child has been victimized by a predator is among the most distressing of life events.  On behalf of the entire community, this Office thanks all who testified against the defendant we today convicted,” said U.S. Attorney Hochul. “Our commitment to them is this:  at sentencing, we will seek the maximum punishment allowed by law.”

Assistant U.S. Attorneys Bradley E. Tyler and Craig Gestring, who handled the prosecution of the case, stated that in December 2012, the New York State Police were alerted by officials at a school in Seneca County, NY, after minor students indicated they had been abused by Spoor. The defendant was interviewed by investigators and admitted to abusing two victims under the age of 10 years old.   

A search warrant was then executed at the defendant’s Waterloo residence. Officers seized computer hard drives, two pinhole cameras, and several flash drives. A forensic examination determined that four of the hard drives and a pinhole camera contained videos and images of child pornography including minor boys who had been videotaped by the defendant without their knowledge.  Officers also discovered that the pinhole camera had been installed by the defendant in a bathroom and used by the defendant to record minor children.

The conviction is the culmination of an investigation on the part of the New York State Police, under the direction of Major Craig Hanesworth and Immigration and Customs Enforcement, Homeland security Investigations, under the direction of Special Agent in Charge James C. Spero.

 Sentencing is scheduled for May 4, 2016 before Judge Charles J. Siragusa who presided over the trial.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Kenneth Dykes, 50, of Buffalo, NY, pleaded guilty to bank robbery before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $250,000, or both.

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

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction Chief John Askey and the Village of Blasdell Police Department, under the direction of Officer in Charge Lieutenant Joseph Gramaglia.
                                        
Sentencing is scheduled for April 18, 2016, at 12:00 p.m. before Judge Arcara.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. — U. S. Attorney William J. Hochul, Jr. announced today that Dellsean Hamilton, 26, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

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

Subsequent investigation determined that Hamilton was a large volume heroin supplier in Buffalo and the surrounding area. The investigation included multiple undercover purchases from the defendant. On three separate occasions, December 11, 18 and 23, 2015, a confidential source purchased a quantity of heroin from Hamilton. Search warrants executed at residences at 1150 East Lovejoy Street and 2008 Bailey Avenue in Buffalo recovered a firearm and drug packaging materials and a scale. 

The defendant made an initial appearance this morning before U.S. Magistrate Judge H. Kenneth Schroeder and was detained. 
  
The criminal complaint is the culmination of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack, the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard, and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. — U. S. Attorney William J. Hochul, Jr. announced today that the United States Court of Appeals for the Second Circuit has affirmed the convictions and sentence of the Tonawanda Coke Corporation (TCC). TCC was convicted of 11 counts of violating the Clean Air Act and three counts of violating the Resource Conservation and Recovery Act by a federal jury in March 2013, was sentenced to pay a $12.5 million fine and five years probation during which they would have to fund two community service projects at a cost of $12.2 million.

“Today’s decision by the Court of Appeals represents a complete victory for the community and country,” said U.S. Attorney Hochul. “No one should be allowed to intentionally poison the public, and our prosecutions of both Tonawanda Coke and Mark Kamholz make this abundantly clear.  Second, this Office will pursue all available means to remedy the harm caused by the actions of criminals of any type, whether individual or corporate.”

Tonawanda Coke Environmental Control Manager, Mark L. Kamholz was convicted of 11 counts of violating the Clean Air Act, one count of obstruction of justice and three counts of violating the Resource Conservation and Recovery Act and was sentenced to 12 months in prison and a $20,000 fine. Kamholz however did not appeal his conviction.

The charges involved Tonawanda Coke releasing coke oven gas containing benzene into the air through an unreported pressure relief valve. In addition, a coke-quenching tower was operated without baffles, a pollution control device required by TCC’s Title V Clean Air Act permit designed to reduce the particulate matter that is released into the air during coke quenches.  
 
Prior to an inspection conducted by the U.S. Environmental Protection Agency in April of 2009, defendant Kamholz told another TCC employee to conceal the fact that the unreported pressure relief valve, during normal operations, emitted coke oven gas directly into the air, in violation of the TCC’s operating permit.
 
The defendants also stored and disposed of hazardous waste without a permit to do so, in violation of the Resource Conservation and Recovery Act. These offenses related to TCC’s management of hazardous materials on the ground next to two large deteriorating tanks, and TCC’s practice of mixing its coal tar sludge, a listed hazardous waste that is toxic for benzene, on the ground in violation of hazardous waste regulations.
 
“The Court’s affirmance is also significant for two other reasons,” Hochul continued.  “The prosecution of Tonawanda Coke and Mark Kamholz represents only the second time in the nation’s history that a jury convicted for a violation of the Clean Air Act.  This law was passed by Congress in 1970.  Second, a sentence which includes financing of a public health study represents the first time in this District that such a remedy was sought by the Office, and ordered by the Court.”   

On appeal, the Government was represented by Assistant U.S. Attorney John Arbab from the Department of Justice Environment and Natural Resources Division. The prosecution was handled by Assistant U.S. Attorney Aaron J. Mango and Senior Counsel Rocky Piaggione.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a Jennifer L. Cadwallader, 39, pleaded guilty to wire fraud and filing false tax returns before Chief U.S. District Judge Frank P. Geraci. The chargeS carry a maximum penalty of 20 years in prison and a $250,000 fine. 

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

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

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

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

Sentencing is scheduled for April 13, 2016 at 10:30 a.m. before Judge Geraci.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jonathan Fernandes, 37, of Savona, NY, who was convicted after a jury trial of manufacturing at least 50 grams of methamphetamine, distribution of methamphetamine, possession of methamphetamine with intent to distribute, maintaining a drug related premises, possession of materials used to manufacture methamphetamine, possession of a listed chemical with intent to manufacture methamphetamine, possession of marijuana and witness tampering, was sentenced to 20 years in prison by U.S. District Court Judge Elizabeth A. Wolford.

Assistant U.S. Attorneys Jennifer M. Noto and Frank H. Sherman, who handled the prosecution of the case, stated that Fernandes manufactured methamphetamine at his residence between January 2011 and December 30, 2012. As part of the investigation, two search warrants were executed in December 2012 by the New York State Police at the residence. Methamphetamine, marijuana, as well as chemicals, products and materials used in the manufacture of methamphetamine, were seized during the searches. 

The defendant also willfully caused family members, including his sister and brother-in-law, to attempt to intimidate a witness in the case against Fernandes in order to influence and prevent the testimony of the witness. Prior to trial, the defendant’s sister, Mindy Konopski, 34, pleaded guilty to obstruction of a court order and defendant’s brother-in-law, Andrej Konopski, 28, pleaded guilty to witness tampering in connection with an attempt to influence and prevent the testimony of another witness in defendant’s case. Each was sentenced to six months in prison and six months home detention.

The sentencing is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, and the Steuben County Sheriff’s Department, under the direction of Sheriff David Cole.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Hoeub Chan, of Rochester, NY, who was convicted of conspiracy to commit mail fraud, was sentenced to one year in prison and ordered to pay restitution to Rochester Gas & Electric Company totaling $72,151 the Chief U.S. District Judge Frank P. Geraci, Jr.  

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant conspired with Phally Suong who worked as a customer service representative for Rochester Gas & Electric Company.  Suong used her position to access RG&E billing systems and alter the customer information for inactive accounts awaiting refunds.  Suong changed the information in the system from the names of actual customers to the names of herself, family and friends, including Chan. This resulted in fraudulent refund checks being mailed to these individuals. Chan received a number of fraudulent refund checks totaling over $72,000. 

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

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned and indictment charging Rashawn Crule, 40, of Buffalo, NY, with possession with intent to distribute, and distribution of heroin, possession with intent to distribute crack cocaine, possession with intent to distribute cocaine, maintaining a drug involved premises, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The charges carry a minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.

Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to the indictment, between October 2, 2015 and November 2, 2015, the defendant possessed with intent to distribute and distributed various illegal narcotics including heroin, crack cocaine and cocaine. The indictment further states that Crule maintained a premises at 98 Gillette Avenue in Buffalo for the purpose of manufacturing, distributing and using these illegal narcotics. The defendant also allegedly possessed a 9mm handgun. Following a 2002 conviction in Erie County Court, Crule is prohibited from possessing a firearm. 

Crule made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on bail.

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, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander, and the U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. 

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Ronald Anthony McCarter, Jr., 24, of Lackawanna, NY, was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum sentence of 20 years in prison, a fine of $250,000, or both. Additionally, a federal grand jury has returned an indictment in a separate case charging Laverne Palmer, a/k/a Poogaloo, 25, of Buffalo with bank robbery, entering a bank with intent to commit a larceny, and bank larceny. Those charges also carry a maximum sentence of 20 years in prison, a fine of $250,000, or both.

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

Meanwhile, according to the indictment and a criminal complaint filed previously against Palmer, on October 26, 2015, the Key Bank on George Urban Boulevard in Depew was robbed in what is believed to be a series of connected bank robberies. The defendant entered the bank, approached a teller and passed a note which demanded cash, no dye pack, and no sudden movements. Palmer was identified by investigators in bank surveillance photos. 

McCarter made an initial appearance and Palmer was arraigned before U.S. Magistrate Judge Michael J. Roemer. Both defendants are being held pending further proceedings.

The complaint and indictment are the culmination of investigations by the Federal Bureau of Investigation, under the direction on the part of Adam S. Cohen, the Lancaster Police Department, under the direction of Chief Gerald Gill, the Depew Police Department, under the direction of Chief Stan Carwile, 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 Alexander Burton Blake, 25, of Cheektowaga, NY, was arrested and charged by criminal complaint with distributing and possessing child pornography. The charges carry a maximum penalty of 10 years in prison and a fine of $250,000.

Assistant U.S. Attorney, Aaron J. Mango, who is handling the case, stated that according to the complaint, on October 16, 2015, the defendant was found in possession of a thumb drive that contained more than 3000 images and 23 videos of child pornography. Some of the images included prepubescent children and depictions of violence. In addition, previously on July 14, 2015, an undercover FBI agent downloaded nine images of child pornography from the defendant who utilized a peer-to-peer file sharing program. 

Blake made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was released on the condition that he remains under home confinement.

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

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 Norris King, 52, of Buffalo, NY, pleaded guilty to theft and assault within special maritime and territorial jurisdiction of the United States before U.S. Magistrate Judge Hugh B. Scott. The charge carries a maximum penalty of two years in prison.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on December 9, 2015, at the Veterans’ Affairs Medical Center in Buffalo, the defendant attempted to steal three North Face winter jackets, each valued at $179.00, from the Veteran Canteen Services. King was pursued and ultimately detained by the store manager and a second VA employee. During flight, the defendant assaulted an elderly veteran seeking medical treatment.

Sentencing is scheduled for April 20, 2016 before Judge Scott. 

The plea is the result of an investigation by the U.S. Department of Veterans’ Affairs, Criminal Investigations 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 a federal grand jury has indicted Darryl Bagby, 32, of Buffalo, NY, on a charge of being a felon in possession of ammunition. The charge carries a

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment and a complaint filed earlier, on November 25, 2015, the Erie County Sheriff’s Department executed a search warrant at the defendant’s residence at 116 Bidwell Parkway in Buffalo. Deputies recovered one round of 7.62 X 39 caliber ammunition and one round of 9mm caliber ammunition, more than $19,000 of cash in United States currency, cocaine, a digital scale and other drug paraphernalia. Further investigation determined that some of the ammunition was manufactured in Russia.

The defendant was previously alleged in Court to be a member of the Central Park Gang which operates primarily in the Central Park neighborhood in Buffalo.

Bagby will be arraigned on January 7, 2016 at 10:00 a.m. before U.S. Magistrate Judge Hugh B. Scott.   

The indictment is the culmination of an investigation by the Erie County Sheriff’s Department, under the direction of Timothy Howard 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
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division announced today that Kevin Cyster, 52, of Burlington, Ontario, Canada, who was convicted after a six day jury trial of conspiracy, making a false claim against the United States, and illegally transferring stolen money in foreign commerce, was sentenced to 135 months in prison by Chief U.S. District Judge Frank P. Geraci.

“This defendant promoted a criminal scheme based on the claim that Canadian citizens were entitled to vast amounts of money from American taxpayers,” said U.S. Attorney Hochul. “While not believable on its face, the subsequent lies and fraudulent tax filings of the defendant and his conspirators resulted in actual losses to the government of over $3.5 million dollars.  Fortunately, the ability of this defendant to continue his crimes has come to an end with this appropriate jail sentence.”

Assistant U.S. Attorney John J. Field and Trial Attorneys Jeffrey A. McLellan and Thomas F. Koelbl, from U.S. Department of Justice Tax Division, who handled the prosecution of the case, stated that Cyster was a ringleader of a group of Canadian citizens who forged Internal Revenue Service (IRS) forms to falsely claim that almost $10,000,000 of income had been withheld on their behalf by various Canadian financial institutions. They arranged for the false forms to be filed electronically with the IRS by Ronald Brekke.

Subsequently, Cyster and his co-conspirators used the false filings to file false federal income tax returns seeking refunds based on the fictitious withholding amounts.  Although the IRS identified some of the fraudulent returns, refunds totaling more than $3,500,000 were sent to Cyster and his co-conspirators before the scope of the fraud was detected.

Cyster was charged along with Renee Jarvis, Jonathan Neufeld, Christina Starkbaum, Daveanan Sookdeo, Jose Compuesto, and Timothy Johnson. Jarvis has been convicted. Neufeld and Starkbaum are deceased. Charges are pending against Sookdeo, Compuesto and Johnson. 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.

Ronald Brekke was convicted on federal fraud charges in Washington State.

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

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

BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a grand jury has handed down an 8-count indictment charging Dashawn Abrams, 26, Damarcus Hennings, 24, Shaquata Hennings, 29, Arthur Clark, 27, Shahana Beaver, 23, and Janice Humphrey, 26, all of Buffalo, N.Y., with conspiracy to distribute marijuana and, with the exception of Clark and Humphrey, conspiracy to launder money.  All except Abrams and Clark were charged with related drug offenses.  Damarcus Hennings and Beaver were also charged with related use and possession of firearms.  The drug and money laundering charges carry a maximum penalty of 20 years in prison.  The firearms charges carry a mandatory penalty of at least 5 years prison, up to life in prison, consecutive to any prison term imposed for the drug charges.

Assistant U.S. Attorney Frank T. Pimentel, who is handling the case, stated that between April 2015 and September 2015 the defendants conspired to ship, receive, and distribute more than 100 packages containing marijuana between Denver, Colorado and Buffalo.  The defendants also conspired to send the cash proceeds from resulting marijuana sales to the supplier in Denver.
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 Niagara Frontier Transportation Authority Transit Police, under the direction of Chief George Gast. Additional assistance was provided by the New York State Police Community Enforcement Narcotics Team Western Region, the Buffalo Police Department, the Lackawanna Police Department, the Cheektowaga Police Department, the Hamburg Police Department, the Chautauqua County Sheriff’s Office, the Cattaraugus County Sheriff’s Office, and the Erie County Sheriff’s Office.

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 Michael Whipple, 43, of Williamsville, NY, was sentenced by U.S. District Judge Elizabeth A. Wolford to 39 months incarceration, and ordered to pay restitution in the amount of $5,332,397.  In addition, the defendant will be placed on supervised release for a period of 3 years once released from incarceration.

 Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that between 2008 and November 2013, Whipple, an M&T Bank Vice President, devised a scheme to defraud the bank involving creation and origination of fraudulent “funding loans.”  These loans were created in the names of entities which were credit worthy, or made by the defendant to appear credit worthy. The proceeds were then given to entities of Whipple’s choosing.

 As part of the scheme, Whipple forged signatures on loan documentation related to the origination of many of the “funding loans” and had mail diverted to locations other than the credit worthy clients’ addresses to avoid detection. When customers questioned the defendant regarding irregularities in their loan accounts, Whipple told them it was a mistake or a bank error and promised to correct the problem. These problems were never corrected as the defendant stated they would be and he subsequently covered the irregularities up through the creation of new funding loans.

 In addition, the defendant caused official checks drawn on M&T Bank to be created to fund the fraudulently originated loans.  Similar to a Ponzi scheme, the defendant used some of the proceeds from the fraudulent loans to make payments on the previously obtained fraudulent loans in order to avoid detection by the bank and the customers whose credit was fraudulently used.

 At the time the scheme was discovered, there were at least 12 funding loans fraudulently created by Whipple.  As a result of the defendant’s actions, M&T Bank suffered a loss of $5,332,397.

 The sentencing is a culmination of an investigation by Special Agents of the Federal Bureau of Investigation and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-The U.S. Attorney’s Office announced today that a federal grand jury has returned an indictment charging 10 people with operating a heroin trafficking ring on the West Side of Buffalo. The defendants are charged with conspiracy to possess with intent to distribute, and distribution of, heroin. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.

Charged in the indictment are:

• Hector Carattini
• Michael Perez
• Juan Oliverias-Arbelo
• Mark Gonzelez
• Adalberto Cruz
• Maikel Gonzelez
• Alberto Fernandez
• Raymond DeJesus
• Hector Huertas
• Kristie Boncore

Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between the fall of 2013 and September 28, 2015, the defendants conspired to distribute heroin on the West Side of Buffalo. The investigation utilized court ordered wiretaps as well as undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.

The 10 defendants charged today were street-level distributors or “runners” in a heroin trafficking ring operated by Daniel Molina-Rios who was arrested in June 2015 along with Orlando Rios, Luis Montanez, and Jose Andujar. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally.

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, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander, 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 Jason Cortese, 34, of Greece, NY, pleaded guilty to enticement of a minor before U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a fine of $250,000. 

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Cortese used the internet and a smart phone to persuade a 12 year old minor to engage in sexually explicit activity. This activity included engaging in sexually explicit chats, attempting to have the minor send sexually explicit images of themselves and to receive and distribute images of child pornography.

A family member of the minor notified law enforcement officials after seeing the contents of the 12-year-old’s cell phone which included chats between the minor and the defendant. Cortese was known to the minor as a family friend. The minor disclosed that the two started chatting directly with one another through Facebook and then through Kik and Instagram.

The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn and the Irondequoit Police Department, under the direction of Chief Richard Tantalo. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.

Sentencing is scheduled for March 24, 2016, at 2:00 p.m., before Judge Wolford.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Abdus Samad, 46, of Bronx, NY, who was convicted of fraudulent use of a passport, was sentenced to two years probation by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that the defendant made false statements on his application for a U.S. passport on August 29, 2008. Abdus failed to disclose the fact that he had previously entered the U.S. in 1993 using a different name and had claimed asylum under that alias. Fingerprints confirm that it was the defendant who entered using the alias in 1993.

The sentencing is the culmination of an investigation by Special Agents of the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero, Special Agent in Charge, and Special Agents from the United States Department of State, Diplomatic Security Service, under the direction of Special Agent in Charge William Ferrari.

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

ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Brandon Correa, 31, of Rochester, who was convicted of making threats against the President, was sentenced to 18 months in prison by U.S. District Court Judge Elizabeth A. Wolford. The defendant was also sentenced to 36 months supervised release, during which time he will need to complete mental health and drug treatment.

Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant posted threats to kill President Obama online in June 2014. Specifically, Correa posted a message on Twitter directed to President Barack Obama in which the defendant wrote “Im coming to watch you die.” The defendant was interviewed shortly after posting the threats and told a Secret Service Agent that the President was “evil” and that he had to “die.”

Correa was released from custody following the threat and was ordered not to have any contact with the President as a condition of his release. However, in August of 2014, the defendant again posted online threats directed against the President and others. Specifically, Correa posted messages on Facebook and Twitter directed to President Obama in which he wrote “GET READY to DIE Barack Obama.”

The sentencing is the culmination of an investigation on the part of Special Agents of the United States Secret Service, under the direction of Special Agent in Charge, C. Todd Lassiter, Investigators from the New York State Police, Protective Services Unit, under the direction of Major Stephen Nevins, and Investigators from the Rochester Police Department, under the direction of Chief Michael Ciminelli.

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

BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Bob Odrzywolski, 72, of Lockport, NY, was arrested and charged by criminal complaint with being a felon in possession of ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that according to the complaint, the defendant, a convicted federal felon, obtained ammunition from a local retailer. Subsequently, a search warrant was executed at Odrzywolski’s Crosby Road residence. During the search, officers recovered 10 handguns and approximately 2000 rounds of ammunition.
 
The defendant was previously convicted and could not possess firearms.    
 
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer. He is being detained pending a detention hearing on December 23, 2015.
 
The complaint is the result of an investigation by the Niagara County Sheriff’s Department, under the direction of Sheriff James Votour and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.   

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051 
 
ROCHESTER, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Steven Ray, 50 of Brockport, NY, pleaded guilty to obstructing justice before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that federal law enforcement first encountered Ray because of his role in a mail fraud scheme involving forged United States treasury checks. In February 2015, the defendant was convicted of mail fraud and forging treasury checks. At that time, Ray admitted to cashing more than 120 forged United States Treasury checks worth more than $400,000. The checks were stolen from the New York City Area as well as from other parts of the United States. Ray got the checks mailed to him via the United States Postal Service at his Brockport home.

During that investigation, federal agents identified at least 13 area bank accounts controlled by the defendant under various names. Ray deposited the stolen Treasury checks across these accounts. Many of the checks belonged to people who received Social Security payments, tax refunds, and other money drawn from the United States Treasury to help the intended recipients. As a result of the defendant’s scheme to defraud, Ray obtained more than $400,000 to which he was not otherwise entitled.

While out of custody awaiting sentencing on that case, Ray filed a sentencing statement with the Court in May 2015. Among the items submitted to the Court was a character letter from a local resident who was attesting to the defendant’s character and truthfulness. However, it turned out that this letter was actually forged by Ray. Federal agents met with the witness who confirmed that he never wrote a letter in support of Ray, did not say the things written in the letter, and pointed out that many of the statements in the letter, including the spelling of the witnesses own name was wrong. Based on this, the United States filed a notice with the Court pointing out that the defendant submitted false material to the Court for sentencing. Ray received a copy of that statement the day it was filed.

Within hours of receiving that statement by the government, the defendant went out to the home of that witness, who is wheelchair bound and lives in an assisted living facility, and coerced him into submitting a false affidavit saying that he had actually written the letter to the Court. When Ray did this, he knew that the witness never wrote the original letter, and knew that he was submitting another false document to the Court. 

By doing this, Ray obstructed and impeded an official proceeding pending in the United States District for the Western District of New York. Further, the defendant’s actions resulted in the unnecessary expenditure of substantial governmental and Court resources. Ray did all this while he was on pre-trial release pending sentencing in the original fraud case. He was indicted in August, and was taken into federal custody where he has remained.

  Ray was a former Officer with the Brockport Fire Department when he was originally arrested for the mail fraud case involving the forged treasury checks.

The plea is the culmination of an investigation on the part of Inspectors from the United States Postal Inspection Service, under the direction of Acting Inspector in Charge James Buthorn, Boston Division, and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the Direction of Special Agent in Charge of the New York Field Office, Shantelle P. Kitchen.

Sentencing for both cases has been scheduled for January 21, 2016 at 10:00 a.m. before Judge Larimer.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
 BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that Matthew Bordonard, 26, of Amherst, NY, pleaded guilty before Chief U.S. District Frank P. Geraci to possession of child pornography. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on June 4, 2013, a search warrant was executed at the defendant’s residence. Law enforcement officers seized computers, hard drives and other electronic items. A forensic analysis determined that Bordonard’s laptop computer contained more than 340 images and video files containing child pornography including graphic images and videos of children under the age of 12 years old.

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

 Sentencing is scheduled for March 18, 2015, at 2:30 p.m. before Judge Geraci.

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

BUFFALO – Thirty-two hospitals located throughout 15 states have agreed to pay the United States a total of more than $28 million to settle allegations that the health care facilities submitted false claims to Medicare for minimally-invasive kyphoplasty procedures, the Justice Department announced today.  The Justice Department has now reached settlements with more than 130 hospitals totaling approximately $105 million to resolve allegations that they mischarged Medicare for kyphoplasty procedures. 

Kyphoplasty is a minimally-invasive procedure used to treat certain spinal fractures that often are due to osteoporosis.  In many cases, the procedure can be performed safely and effectively as an outpatient procedure without any need for a more costly inpatient hospital admission.  The settlements announced today resolve allegations that the 32 settling hospitals frequently billed Medicare for kyphoplasty procedures on a more costly inpatient basis, rather than an outpatient basis, in order to increase their Medicare billings.   

“As has been shown throughout this successful investigation, we will never allow hospitals to put profits ahead of patients,” said U.S. Attorney William J. Hochul Jr. of the Western District of New York. “Decisions regarding potential procedures should be made using sound medical judgment only, not with an eye toward increasing Medicare reimbursements. The public should be assured that any hospital involved in improper kyphoplasty billing will be held accountable for its actions.”      

“Charging the government for higher cost inpatient services that patients do not need wastes the country’s vital health care dollars,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “The Department of Justice is committed to ensuring that Medicare funds are expended appropriately, based on the medical needs of patients rather than the desire to maximize hospital profits.”

 The settling facilities and the amounts they have agreed to pay, include the following: 

• The Cleveland Clinic in Cleveland, Ohio, has agreed to pay $1.74 million. 
• Citrus Memorial Health System in Inverness, Florida, has agreed to pay $2.6 million.
• Cullman Regional Medical Center in Cullman, Alabama, has agreed to pay $350,000.
• Martin Memorial Medical Center in Stuart, Florida, has agreed to pay $2 million.
• MultiCare Tacoma General Hospital in Tacoma, Washington, has agreed to pay $983,000.
• Norwalk Hospital in Norwalk, Connecticut, has agreed to pay $920,000.
• Princeton Community Hospital Association in Princeton, West Virginia, has agreed to pay $1,513,500.
• Sacred Heart Medical Center in Spokane, Washington, has agreed to pay $906,000.
• Sarasota Memorial Hospital in Sarasota, Florida, has agreed to pay $972,000.
• Spartanburg Regional Health Services District Inc. in Spartanburg, South Carolina, has agreed to pay $1.725 million.
• St. Cloud Hospital in St. Cloud, Minnesota, has agreed to pay $500,000.
• Tampa General Hospital in Tampa, Florida, has agreed to pay $2 million. 
• Five hospitals affiliated with Community Health Systems Inc., in Franklin, Tennessee, have agreed to pay a total of $3.5 million.  These include:  Crestwood Medical Center in Huntsville, Alabama; St. Joseph’s Hospital in Fort Wayne, Indiana; Carolinas Hospital System in Florence, South Carolina; Mary Black Health System in Spartanburg, South Carolina; and Trinity Medical Center in Birmingham, Alabama.
• Five hospitals affiliated with Tenet Health Care Corporation in Dallas, Texas, have agreed to pay a total of $2.2 million.  These include:  East Cooper Medical Center in Mt. Pleasant, South Carolina; North Fulton Hospital in Roswell, Georgia; Providence Memorial Hospital in El Paso, Texas; St. Francis Hospital in Memphis, Tennessee; and Sierra Medical Center in El Paso.
• Five hospitals formerly owned and operated by Health Management Associates Inc., in Naples, Florida, have agreed to pay a total of $2 million.  These include:  Biloxi Regional Medical Center in Biloxi, Mississippi; Davis Regional Medical Center in Statesville, North Carolina; Lancaster Regional Medical Center in Lancaster, Pennsylvania; Physicians Regional Medical Center in Naples, Florida; and Riley Hospital in Meridian, Mississippi.      
• Three hospitals affiliated with BayCare Health System in Clearwater, Florida, have agreed to pay a total of $1.5 million.  These include:  Winter Haven Hospital in Winter Haven, Florida; St. Joseph’s Hospital in Tampa, Florida; and St. Anthony’s Hospital in St. Petersburg, Florida.    
• Two hospitals affiliated with Banner Health in Phoenix, Arizona, have agreed to pay a total of $2.685 million.  These include Banner Boswell Medical Center in Sun City, Arizona, and Banner Thunderbird Medical Center in Glendale, Arizona.

In addition to settlements with over 130 hospitals, the government previously settled with Medtronic Spine LLC, the corporate successor to Kyphon Inc., for $75 million to settle allegations that the company caused false claims to be submitted to Medicare by counseling hospital providers to perform kyphoplasty procedures as inpatient rather than outpatient procedures.    
     
 All but three of the settling facilities announced today were named as defendants in a qui tam, or whistleblower, lawsuit brought under the False Claims Act, which permits private citizens to bring lawsuits on behalf of the United States and receive a portion of the proceeds of any settlement or judgment awarded against a defendant.  The lawsuit was filed in federal district court in Buffalo, New York, by Craig Patrick and Charles Bates.  Patrick is a former reimbursement manager for Kyphon, and Bates was formerly a regional sales manager for Kyphon in Birmingham.  The whistleblowers will receive a total of approximately $4.75 million from the settlements announced today. 

 This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.

The settlements were the result of a coordinated effort among the U.S. Attorney’s Office for the Western District of New York, the Civil Division’s Commercial Litigation Branch and the Department of Health and Human Services’ Office of Inspector General and Office of Counsel to the Inspector General. 

The claims resolved by these settlements are allegations only, and there have been no determinations of liability. 

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

ROCHESTER, NY – Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo Division announced today that Mufid Elfgeeh, 31, of Rochester, NY, pleaded guilty to attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum penalty of 30 years in prison, a $250,000 fine and lifetime supervised release. 

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

“Thanks to today’s convictions, one of the first ISIL recruiters ever captured in this country stands convicted of terrorism related charges,” said U.S. Attorney Hochul.  “While our case against this defendant will conclude with a very long jail sentence, our ongoing efforts to defeat ISIL and other terrorist groups will continue until all are brought to justice.  As it did in this case, the public should continue to report to law enforcement any suspicious individuals or activities and thereby hasten the demise of these killers.”    

“Mufid Elfgeeh failed because law enforcement used its best weapon – unity,” said Special Agent in Charge Cohen of the FBI’s Buffalo Division.  “Our success in this case is directly linked to the notion that we are stronger and more formidable working in concert with our community than standing alone.  This approach, which has been embraced by our law enforcement counterparts and the intelligence community, must continue for us to prevail.”

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

From December 2013 through May 31, 2014, Elfgeeh actively recruited and attempted to send two individuals – referred to as Individuals A and B, both of whom were cooperating with the FBI at the time – to Syria to join and fight on behalf of ISIL. 

Elfgeeh sent anti-American ISIL propaganda videos to Individual B and arranged for an English-speaking ISIL contact to communicate with Individual B over Facebook about the state of affairs in Syria.  In addition, Elfgeeh paid more than $240 for Individual B to obtain a copy of his birth certificate, passport photographs and an expedited passport. Elfgeeh also purchased a laptop computer and a high-definition action camera for Individuals A and B to take to Syria.  The defendant provided guidance to Individuals A and B about traveling so that they could avoid detection and the vetting process involved in joining ISIL.  In May 2014, Elfgeeh arranged for an overseas contact to coordinate the logistics of the trip and the admission of Individuals A and B into ISIL-controlled territory in Syria. 
 
According to the plea agreement and other court documents, Elfgeeh also sent $600 to an individual in Aden, Yemen, in an effort to assist that individual in traveling from Yemen to Syria for the purpose of joining and fighting on behalf of ISIL. 

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

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

Sentencing is scheduled for March 17, 2016 at 2:00 p.m. before Judge Wolford. Elfgeeh’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation.  He has been detained in federal custody since his arrest on May 31, 2014. 

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 Guzock, 58, of Middleport, NY, who was convicted of maintaining a premises for the purpose of manufacturing, distributing and using marijuana and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 30 months in prison by Senior U.S. District Court Judge William M. Skretny. 

 Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that on July 18 2012, the defendant was arrested at his residence following the execution of a search warrant. Investigators located several firearms and a marijuana grow operation which included 341 plants.

 The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour.

Mufid A. Elfgeeh, 31, of Rochester, New York, pleaded guilty today to attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, before U.S. District Judge Elizabeth A. Wolford of the Western District of New York.

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

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

“Thanks to today’s convictions, one of the first ISIL recruiters ever captured in this country stands convicted of terrorism related charges,” said U.S. Attorney Hochul.  “While our case against this defendant will conclude with a very long jail sentence, our ongoing efforts to defeat ISIL and other terrorist groups will continue until all are brought to justice.  As it did in this case, the public should continue to report to law enforcement any suspicious individuals or activities and thereby hasten the demise of these killers.”

“Mufid Elfgeeh failed because law enforcement used its best weapon – unity,” said Special Agent in Charge Cohen of the FBI’s Buffalo Division.  “Our success in this case is directly linked to the notion that we are stronger and more formidable working in concert with our community than standing alone.  This approach, which has been embraced by our law enforcement counterparts and the intelligence community, must continue for us to prevail.”

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

From December 2013 through May 31, 2014, Elfgeeh actively recruited and attempted to send two individuals – referred to as Individuals A and B, both of whom were cooperating with the FBI at the time – to Syria to join and fight on behalf of ISIL. 

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

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

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

The charges carry a maximum penalty of 30 years in prison, a $250,000 fine and lifetime supervised release.  Elfgeeh’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation.  He has been detained in federal custody since his arrest on May 31, 2014.  Sentencing is scheduled for March 17, 2016, in front of Judge Wolford.

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

Elfgeeh Plea Agreement

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

 BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Jamie Boye, 33, of Portville, NY, pleaded guilty before U.S. District Court Judge Richard J. Arcara to conspiracy to commit securities fraud. The charge carries a maximum sentence of five years in prison, a fine of $250,000 or both. 

 Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant participated in a scheme between October 22, 2008 and September 15, 2011 involving penny stocks. Boye and others utilized several websites registered through an internet domain registrar and web hosting company. One of the websites utilized by the defendant was www.trypennystocks.com. The website was used to tout approximately 29 penny stocks.  During the course of the scheme, Boye and others were compensated by third-parties to tout certain penny stocks. In total, the defendant was compensated $498,714.25 during the scheme. The scheme involved at least 10 victims. 

 The plea is the culmination of an investigation on the part of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.

 Sentencing is scheduled for April 15, 2016 at 12:30 p.m. before Judge Arcara.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Adel Abdullah, 32, of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, controlled substance analogues, before Senior U.S. District Judge William M. Skretny.  The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the conspiracy involved the sale of synthetic cannabinoids, also known as “spice,” at the Speedy Market, a convenience store at 1799 Genesee Street in Buffalo in 2011 and 2012.  Abdullah owned and operated the store. The defendant regularly ordered shipments of the spice from sources across the country. Abdullah and his clerks then sold the spice as potpourri not for human consumption, yet gave customers complimentary cigars as rolling paper to smoke the spice.

By 2012, spice and the myriad chemicals used to approximate its marijuana effect were becoming a major public health hazard.  In April 2012, an Erie County health inspector served an order on Abdullah’s store from the New York State Department of Health banning the sale of spice. Yet in May 2012, the store still sold spice and agents still found stockpiles of synthetic cannabinoids and packaging material at the store and at Abdullah’s home. Agents also recovered a package containing 2400 vials of synthetic cannabinoids, invoiced by a New Mexico supplier on May 15, 2012. According to invoices and other records in the case, some of what was being sold at Abdullah’s store for $10 per vial or packet only cost him $2.50.

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 Office and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.

Sentencing is scheduled for April 6, 2016, at 2:00 p.m. before Judge Skretny.

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

BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Ryan Tojdowski, 31, of Arcade, NY, pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine.

Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that on December 17, 2014, during the course of an investigation, the Wyoming County Sheriff’s Department discovered the defendant to be in engaged in the manufacturing and distribution of marijuana. In addition, deputies found Tojdowski to be in possession of quantities of oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine as well as a .223 assault rifle.    

The plea is the culmination of an investigation on the part of the Wyoming County Sheriff’s Department, under the direction of Gregory J. Rudolph and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.    

Sentencing is scheduled for March 31, 2016 at 10:00 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 Calvin R. Patrick, 34, of Mt. Morris, NY, was charged by criminal complaint with attempted production of child pornography, enticement of a minor, receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 25 years in prison, a maximum of life and a fine of $250,000 in part because the defendant’s prior conviction involving child pornography charges.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, law enforcement was notified by a cooperating witness who saw the contents of the defendant’s electronic tablet. The contents observed by the witness consisted of young females engaging in sexually explicit conduct. The witness also observed an image on Patrick’s Kik account that appeared to depict a nude, 14-year-old female from Florida. The witness further told law enforcement that she was aware that Patrick had been communicating with an 11-year-old from Pennsylvania and that the defendant had made comments in the past about picking up the 11-year-old and keeping her locked up within certain property so he could do what he wanted to her. 

A search warrant was conducted by Livingston County Probation and Mt. Morris Police at Patrick’s apartment. Law enforcement officers seized the electronic tablet, a computer and other items. A forensic analysis determined that Patrick had been chatting on Kik with two minors under the age of 18 who resided out of state.   

 Patrick made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and he being detained. The defendant is also currently facing additional, unrelated charges in Livingston County.

The criminal complaint was the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Mount Morris Police Department, under the direction of Chief Ken Mignemi, the Livingston County Probation Department, under the direction of Director Lynne C. Mignemi, and the Livingston County District Attorney’s Office, under the direction of Gregory J. McCaffrey. 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 

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Dallas McLamore, 30, of Buffalo, NY, pleaded guilty to conspiracy to distribute 280 grams or more of crack cocaine within 1000 feet of the Perry Housing Projects before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a fine of $10,000,000.

“With the last of the Perry Housing Projects drug traffickers now convicted, we are pleased to return the entire complex to its rightful tenants,” said U.S. Attorney Hochul. “With the continuing assistance and cooperation of the tenants, we are also able to ensure such criminals will never return.”  

Assistant U.S. Attorneys Timothy C. Lynch and Michael J. Adler, who are handling the prosecution, stated that the defendant was part of a narcotics trafficking ring headed by Tyshawn Bradley that operated primarily in the Perry Housing Projects in Buffalo. Bradley’s organization maintained several apartments on the grounds of the projects, operated by the Buffalo Municipal Housing Authority, where members of Bradley’s organization, including the defendant, sold crack cocaine on a daily basis.

The defendant was arrested along with nine others on April 3, 2013 following the execution of search warrants several locations in the City of Buffalo and Cheektowaga, including at 124 Fulton Street and 305 Perry Street, which are located at the Perry Housing Projects. During the searches at the Perry Housing Projects, officers recovered over 300 grams of crack cocaine and 700 grams of powered cocaine as well as a sawed-off, 9mm semiautomatic rifle.

To date, all 10 defendants have been convicted.
 
Today’s plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; 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.  

Sentencing is scheduled for March 30, 2016 at 10:00 a.m. before Judge Vilardo.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. — U. S. Attorney William J. Hochul, Jr. announced today that the United States Court of Appeals for the Second Circuit has affirmed the conviction and sentence of Dawn Nguyen. The defendant was convicted of knowingly making a false statement in connection with the purchase of firearms; selling and disposing of firearms to William Spengler, a known felon; and possession of firearms while being an unlawful user of marijuana, was sentenced to 96 months in prison.

“Today’s Court of Appeals affirmation brings to a fitting end our prosecution of Dawn Nguyen,” said U.S. Attorney Hochul. “Not only did this defendant buy two firearms for William Spengler, an already convicted killer, she did so knowing that Spengler, in the words of the Court, ‘openly mused aloud about killing’ another person- his sister. While no amount of jail time will ever restore those killed and wounded by Spengler on December 24, 2012, the substantial prison term imposed upon Nguyen sends a very clear message of condemnation for this defendant’s outrageous actions.”  

The charges involved the purchase and disposition of the firearms that were used in the Christmas Eve shooting in December 2012 that resulted in the deaths of Webster Police Lieutenant Michael Chiapperini and West Webster Firefighter Tomasz Kaczowka, and seriously injured Firefighters Theodore Scardino and Joseph Hostetter.

Nguyen made false statements during the purchase of a Bushmaster semiautomatic rifle and a Mossberg 12 gauge shotgun at Gander Mountain in Henrietta, NY, in order to acquire those firearms on behalf of William Spengler, Jr. The defendant gave those firearms to Spengler with the knowledge that Spengler was a convicted felon. In addition, Nguyen unlawfully possessed the firearms at a time when she was an unlawful user of marijuana.  

On appeal the Government was represented by First Assistant U.S. Attorney James P. Kennedy, Jr. The prosecution was handled by Assistant U.S. Attorney Jennifer M. Noto.

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

BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Gerrit Mora, 22, of Brockport, NY, who was convicted of conspiracy to distribute MDMA (“Ecstasy”), was sentenced to time-served, six months of home confinement, and two years of supervised release by Senior U.S. District Judge William M. Skretny.

Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on March 7, 2014, Mora took delivery in Niagara Falls, NY of a package that he had ordered online from Brussels, Belgium. The package contained nearly nine ounces of MDMA.  At approximately 8:15 p.m. that evening, law enforcement officers pulled Mora over in the vehicle he was driving in West Seneca, NY and seized the package.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Tyshawn Bradley, 29, of Buffalo, NY, pleaded guilty to conspiracy to distribute 280 grams or more of crack cocaine within 1000 feet of the Perry Housing Projects, conspiracy to commit money laundering and possession of an unregistered, sawed off rifle before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum sentence of 10 years in prison, a maximum of life, a minimum of 10 years supervised release and a $20,000,000 fine 

“Through his criminal conduct, the defendant turned a public housing project into a virtual prison for seniors, children, and those most in need of assistance,” said U.S. Attorney Hochul. “Thanks to today’s conviction, the defendant will soon experience the sort of confinement he inflicted upon these innocent residents. We are committed to prosecuting all gang and narcotics traffickers, wherever they are found.”   
 
Assistant U.S. Attorneys Timothy C. Lynch and Michael J. Adler, who are handling the prosecution, stated that the defendant was the head of a narcotics trafficking ring that operated primarily in the Perry Housing Projects in Buffalo. Bradley maintained several apartments on the grounds of the projects, operated by the Buffalo Municipal Housing Authority, where members of his organization sold crack cocaine on a daily basis.

The defendant was arrested along with nine others on April 3, 2013 following the execution of search warrants several locations in the City of Buffalo and Cheektowaga, including at 124 Fulton Street and 305 Perry Street, which are located at the Perry Housing Projects. During the searches at the Perry Housing Projects, officers recovered over 300 grams of crack cocaine and 700 grams of powered cocaine as well as a sawed-off, 9mm semiautomatic rifle that belong to Bradley.

In addition, between October 2011 and April 3, 2013, the defendant conspired with others to purchase multiple houses in the City of Buffalo using the proceeds of his crack cocaine distribution organization. As part of the money laundering conspiracy, the properties were purchased by co-defendant Nannette Brown to conceal Bradley as the true owner of the properties.

To date, nine of the 10 charged defendants have been convicted.
 
Today’s plea is the culmination of an investigation on the part of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; 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.   Assistant U.S. Attorney Michael J. Adler 

Sentencing is scheduled for March 29, 2016 at 10:00 a.m. before Judge Vilardo.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Dion Cheatham, 41, of Lockport, NY, was arrested and charged by criminal complaint with possession with intent to distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, the defendant is accused of selling heroin and fentanyl at his place of employment in the Bewley Building in Lockport and in a residential neighborhood in Lockport. As part of the federal investigation, Cheatham was identified by a victim who overdosed on fentanyl which was purchased from Cheatham.

The defendant is being detained.

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

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 Eduardo Hernandez Quinones (Hernandez), 46, a Cuban National and former resident of Miami, Florida, who was convicted of conspiracy to commit bank fraud, was sentenced to 31 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $13,785.29 in restitution. 

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that Hernandez fraudulently obtained the authentic credit/debit card numbers of cardholders and then encoded that information onto counterfeit cards possessed by the defendant. The defendant then used the counterfeit cards to purchase merchandise at retail stores throughout Western New York. In addition, Hernandez used counterfeit cards to purchase gasoline from area gas stations and re-sold the gasoline for cash.

A total of six defendants have been charged in two related cases. Carrillo Chartrand, Claudia Diaz Diaz, Jose Valdivia Quinones, and Misael Toledo Rios have been convicted and are awaiting sentencing. Charges are pending against Yaily Santurio Milian. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that three defendants who were part of or associated with the Cheko’s Crew/7th Street Gang, pleaded guilty before U.S. District Judge Richard J. Arcara.

7th Street Gang member Luis Medina, 24, and associate David Tirado, 29, both of Buffalo, NY, pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy. The charge carries a maximum penalty of 20 years in prison, a $250,000 fine, or both. Alejandro Navarro-Gonzalez, who supplied heroin to the Cheko’s Crew/7th Street Gang, pleaded guilty to conspiracy to distribute heroin which carries a mandatory minimum sentence of 10 years in prison, a maximum of life, and an $8,000,000 fine.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that Luis Medina, as a member of the Cheko’s Crew/7th Street Gang, sold heroin and possessed firearms. In addition, on April 16, 2006, Medina shot a rival 10th Street Gang member with a .22 caliber firearm. Furthermore, on June 13, 2009, while being held in the Erie County Holding Center, Medina learned that his cousin Christian Portes was killed by the 10th Gang members. Medina made a phone call from the holding center requesting that fellow Cheko’s Crew/7th Street Gang members kill 10th Street Gang members in retaliation for the murder of his cousin. After being released on November 7, 2009, Medina himself fired shots at 10th Gang members. 

As an associate, David Tirado sold a .22 caliber rifle to the Cheko’s Crew/7th Street Gang which was later used in the murder of rival 10th gang member Eric Morrow. Tirado also conducted a robbery at 39 Montclair Avenue in Buffalo, a residence he believed contained drugs and money.  

Alejandro Navarro-Gonzalez supplied bulk quantities of heroin to the Cheko’s Crew/7th Street Gang which he received from a supplier in Chicago. 

A total of 18 defendants have been charged in this case. To date, 17 have been convicted.   
The pleas are the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Michael Cerretto, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.

 David Tirado will be sentenced on April 11, 2016, at 12:30 p.m.; Luis Medina on April 13, 2016 at 12:30 p.m.; and Alejandro Navarro-Gonzalez on April 14, 2016 at 12:30 p.m., all 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 Dashawn Sanders, 25, who was convicted of conspiracy to pass counterfeit currency, was sentenced to 14 months in prison by U.S. District Judge David G. Larimer.
 
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Sanders conspired with co-defendants Tiffany Key, Shamell McCullough and Turemail McCullough to pass approximately $10,980 of counterfeit $20 bills at local retailers, including Walmart and Dollar General. 
 
Tiffany Key has been convicted and is awaiting sentencing. Charges are pending against Shamell and Turemail McCullough. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
 
Today’s sentencing is the culmination of an investigation by the United States Secret Service, under the direction of Special Agent in Charge C. Todd Laster.

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Arthur Long, 42, of Rochester, NY, who was convicted after a jury trial of possession with intent to distribute methylone (Ecstasy) and marijuana, using a premises for drug trafficking and possession of a firearm in furtherance of drug trafficking crimes, was sentenced to 81 months in prison by Chief U.S. District Judge Frank P. Geraci.

Assistant U.S. Attorneys Jennifer M. Noto and Robert A. Marangola, who handled the prosecution of the case, stated that in July 2013, the Rochester Police Department conducted an investigation that culminated in the execution of search warrants at the defendant’s home on Chi Mar Drive in Chili, NY. Officers also searched Long’s vehicle, a 1977 Cadillac Eldorado. During the execution of the warrants, investigators recovered ecstasy tablets and capsules containing Methylone, marijuana, an AK-47 rifle and a stolen .45 cal handgun, along with packaging materials.

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

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
Buffalo, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jordan Hildalgo, 24, and Ritchie Juarbe, 25 both of Buffalo, NY, pleaded guilty to Racketeering Influenced Corrupt Organizations (RICO) conspiracy before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of life in prison, a $250,000 fine, or both.           

“This case demonstrates that when it comes to murder – or indeed any gang activity – our Office will pursue relentlessly until every perpetrator is brought to justice,” said U.S. Attorney Hochul.  

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that the defendants were members of the Cheko’s Crew/7th Street Gang which was responsible for multiple acts of violence and the distribution of illegal narcotics on the West Side of Buffalo between 2000 and 2012. The narcotics included heroin, crack cocaine, cocaine, and marijuana.

The defendants admitted their roles in the murders of two people:

• On November 6, 2008, Hidalgo and Juarbe went to Raquan Lloyd’s house where Hidalgo shot and killed Lloyd. After the murder, Juarbe discarded the murder weapon, throwing it into the Niagara River.
• On August 11, 2009, Hidalgo participated in the murder of Eric Morrow, a rival 10th Street Gang member, who was shot and killed at the corner of West and Auburn Avenues in Buffalo. Following the murder, Hidalgo got into a getaway vehicle driven by Ritchie Juarbe.

A total of 18 defendants have been charged in this case. To date, 14 have been convicted.   

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

The defendants will be sentenced on April 7, 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 Matthew L. Mateo, a/k/a Red, 26, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to arson of a commercial building. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years, a fine of $250,000 or both.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that on September 22, 2013, Mateo and Eddie L. Vaughn, a/k/a Elbow, transported Molotov cocktails to the Miami Deli Grocery at 176 Genesee Street in Rochester. Vaughn broke the store window with a brick. Mateo and Vaughn then lit a Molotov cocktail which Vaughn threw into the store. The Molotov cocktail exploded upon hitting the store floor and spread fire throughout the building. The interior and exterior of the store were burned and extensively damaged.

Vaughn has also been convicted of arson.     

Today’s plea is the culmination of an investigation conducted by the Arson Task Force, which is comprised of Investigators of the Rochester Fire Department, Rochester Police Department, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Mateo will be sentenced on March 15, 2016 at 3:30 p.m. before Judge Geraci.  Vaughn is scheduled to be sentenced February 3, 2016 at 3:00 p.m., also before Judge Geraci. 

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051
 
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Monsuru Giwa, 24, of Niagara Falls, NY, was arrested and charged by criminal complaint with assaulting a federal officer. The charge carries a maximum penalty of 20 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 November 24, 2015, U.S. Probation Officers attempted to search the defendant’s Niagara Falls residence. An officer approached Giwa on the porch and directed the defendant to put his hands behind his back. As the officer attempted to place handcuffs on Giwa, he attempted to break free causing the officer to be pulled off the porch and onto the ground suffering leg lacerations Giwa then fled the scene.   

The defendant made an initial appearance before U.S. Magistrate Judge Hugh B. Scott and is being detained. 

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