Category: Security

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International Arms Dealer Charged with Exporting U.S. Firearms to Russia

Source: US FBI

Defendant Unlawfully Exported Semi-Automatic Rifle-Pistols from U.S. Company Through JFK International Airport

Earlier today, an indictment was filed in federal court in Brooklyn charging Sergei Zharnovnikov, an arms dealer and citizen of Kyrgyzstan, with conspiring to export firearms from the United States to Russia without the necessary licenses and with illegal smuggling.  Zharnovnikov traveled from Kyrgyzstan to the United States last month and was arrested on January 24, 2025 in Las Vegas, Nevada, where he was attending the Shooting, Hunting, and Outdoor Trade (SHOT) Show to meet with U.S. arms dealers.  Zharnovnikov has been detained pending trial and will be arraigned in the Eastern District of New York at a later date.

John J. Durham, United States Attorney for the Eastern District of New York, Devin DeBacker, head of the Justice Department’s National Security Division, James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Jonathan Carson, Special Agent in Charge, U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, New York Field Office (BIS-OEE), announced the arrest and charges.

“As alleged, the defendant operated a sophisticated scheme to circumvent export controls and to export semi-automatic firearms and send them to Russia,” stated United States Attorney Durham.  “Today’s indictment sends a message to the world that we will vigorously enforce statutes that control and restrict the export of items that could be detrimental to the foreign policy or national security of the United States, in this case, preventing U.S.-made firearms from getting into the wrong hands.”

Mr. Durham thanked the U.S. Attorney’s Office for the District of Nevada for its assistance with the case.

“Violations of export control laws carry significant consequences for perpetrators in the U.S. and abroad,” said DeBacker, head of the Justice Department’s National Security Division.  “The Department of Justice is committed to working with our partners to hold accountable those who violate our laws to smuggle firearms to prohibited destinations such as Russia.”

“Attempting to illegally sell arms to Russia using multiple companies may seem like a method to evade United States sanctions, it is however a definite way to end up under arrest.  Sergei Zharnovnikov is alleged to have knowingly conspired with others to violate the export control laws of the United States to provide U.S made firearms to Russian companies.  The FBI will continue to enforce the export control laws enacted to safeguard our national security,” stated FBI Assistant Director in Charge Dennehy.

“The Bureau of Industry and Security is committed to aggressively investigating the illegal transshipment of US firearms to adversaries like Russia through third countries,” said BIS-OEE Special Agent in Charge Carson.  “Companies that provide false information to BIS to obtain export authorizations to circumvent our controls will be found out and held accountable.”

As alleged in the indictment and other court filings, since at least March 2020, the defendant, together with others, conspired to export firearms on the United States DOC Control List from the U.S. to Russia.  The defendant, the General Director and owner of an arms dealer located in Bishkek, Kyrgyzstan (Kyrgyzstan Company-1), entered into a five-year, $900,000 contract with a company located in Chesapeake, Virginia (U.S. Company‑1) to purchase and export U.S. Company-1 firearms to Kyrgyzstan.  DOC issued a license for U.S. Company-1 to export firearms to Kyrgyzstan Company-1, but the license prohibited the export or re-export of the firearms to Russia.  Nevertheless, the defendant exported and re-exported U.S. Company‑1 firearms to Russia via Kyrgyzstan.  These illegally exported firearms included semi‑automatic hybrid rifle-pistols from U.S. Company-1.

As alleged, after Kyrgyzstan Company-1 entered into a contract with U.S. Company-1, a second arms dealer company in Bishkek associated with the defendant (Kyrgyzstan Company-2) entered a contract with a Russian arms dealer (Russian Company-1) located in Moscow.  The contract between Russian Company-1 and Kyrgyzstan Company-2 provided that Kyrgyzstan Company‑2 would export “Goods” to Russian Company-1 in the amount of $10 million and noted that the “Goods” could be delivered in batches.  In correspondence in 2018, Russian Company-1 described the defendant’s company, Kyrgyzstan Company-1, as its “partner company.” 

On or about February 3, 2021, U.S. Company-1 received an export license from DOC to export over $800,000 worth of firearms and parts to Kyrgyzstan Company-1.  The license stated that items within the scope of the license “may not be reexported or transferred (in-country),” subject to certain exceptions not applicable here.

On or about July 2, 2022, the defendant emailed his banker: “Make payment according to the invoice attached to the letter,” and attached a commercial invoice from U.S. Company-1, which listed, among other things, 25 semi-automatic rifle-pistols with 25 unique serial numbers.  Two days later, on or about July 4, 2022, Kyrgyzstan Company‑2, sent $67,000 to Kyrgyzstan Company-1.  The next day, on or about July 5, 2022, Kyrgyzstan Company‑1 paid U.S. Company-1 $65,564—the full amount listed in the invoice from U.S. Company-1.

According to an Electronic Export Information (EEI) made on July 7, 2022, Company-1 exported semi-automatic rifles from John F. Kennedy International Airport to Kyrgyzstan Company-1 pursuant to its February 3, 2021 export license on or about July 10, 2022. According to the EEI filing, the value of the export from U.S. Company-1 to Kyrgyzstan Company-1 was over $59,000.  The EEI filing’s corresponding license application indicated that the firearms were for “commercial resale in Kyrgyzstan.”

On or about August 8, 2022, the defendant received a spreadsheet titled “Supply [U.S. Company-1] ([Russian Company-1]) weapon numbers.”  Russian Company-1 is a Russian company, and the DOC license did not authorize the export or re-export of the U.S. Company-1 firearms to Russia.  The spreadsheet listed the same semi-automatic rifle-pistol the defendant purchased from U.S. Company-1 and serial numbers matching the U.S. Company‑1 Invoice.

On or about November 14, 2022, the General Director of Russian Company‑1 executed a form used by tax authorities of the member states of the Eurasian Economic Union, which includes both Kyrgyzstan and Russia.  The form listed the seller as Kyrgyzstan Company‑2 and the buyer as Russian Company-1 with an address in Moscow, Russia, and identified the goods as the same semi‑automatic rifle‑pistols that U.S. Company-1 exported to Kyrgyzstan Company‑1, the defendant’s company.  The defendant did not apply for, obtain or possess a license to export or re-export the semi‑automatic pistol-rifles to Russia.

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted of the charges, the defendant faces up to 30 years’ imprisonment.

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States  Attorney Ellen H. Sise is in charge of the prosecution, along with Trial Attorney Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section (CES), with assistance from Litigation Analyst Rebecca Roth and CES Trial Attorney Scott Claffee.

The case was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions and economic countermeasures that, beginning in 2014, the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine.  Announced by the Attorney General on March 2, 2022, and under the leadership of the Office of the Deputy Attorney General, the task force will continue to leverage all of the Department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.

The Defendant:

SERGEI ZHARNOVNIKOV
Age:  46
Bishkek, Kyrgyzstan

E.D.N.Y. Docket No. 25-CR-45 (ENV)

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Three Sales Executives Charged in Connection with Pre-IPO Fraud Scheme

Source: US FBI

Defendants Lied to Investors Regarding Hidden Markups and Fees and Stole Millions of Dollars in Investor Funds for Themselves

Earlier today, at the federal court in Brooklyn, a superseding indictment was unsealed charging Robert Cassino, also known as “Bobby Cassino,” Joseph Passalaqua and Joseph Rivera with securities fraud conspiracy, wire fraud conspiracy and securities fraud.  The defendants were arrested today and are being arraigned this afternoon before United States Magistrate Judge James R. Cho.  Raymond John Pirrello, Jr., also known as “Ray John,” was previously indicted for his involvement in the scheme.

John J. Durham, United States Attorney for the Eastern District of New York and James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI) announced the charges.

“The defendants repeatedly lied to investors about the costs associated with their investments and diverted millions of dollars in undisclosed mark-up fees to their sales offices,” stated United States Attorney Durham.  “My Office will vigorously prosecute those who seek to take advantage of individual investors for their own greed.”

Mr. Durham expressed his appreciation to the Securities and Exchange Commission (SEC), New York Regional Office, for its significant cooperation and assistance during the investigation.

“At the behest of the company’s leadership, three defendants allegedly enticed investors with material misinformation to steal millions of their dollars through undisclosed upfront fees. This alleged scheme allowed the defendants’ respective sales offices to unlawfully profit at the expense of their clients’ trust and money. The FBI will never permit any individual to engage in hypocritical financial practices to covertly divert investments for personal enrichment,” stated FBI Assistant Director in Charge Dennehy.

As detailed in the superseding indictment, Pirrello, Cassino, Passalaqua and Rivera engaged in a scheme to defraud investors and prospective investors in securities offered by the company Late Stage Management, LLC (Late Stage). Late Stage was a New Jersey based manager of investment funds that offered investors “no fee” opportunities to invest in “Pre IPO” stocks, i.e., shares of stock in companies that anticipated an initial public offering (“IPO”) in the near term.  Late Stage worked with several sales offices throughout New Jersey, New York and Florida to promote the investments, including Pre IPO Marketing, Inc. (“Pre IPO Marketing”), Prior2IPO and B4IPO.

Pirrello worked as the partner to the leadership of Late Stage, and Cassino, Passalaqua and Rivera led operations at Pre IPO Marketing, Prior2IPO and B4IPO, respectively.  Pirrello and co-conspirators communicated with Cassino, Passalaqua, Rivera and others about how to market Late Stage to investors.  Cassino, Passalaqua and Rivera then made material misrepresentations and omissions to investors and potential investors in Late Stage relating to, among other things, the existence and amount of fees paid by investors in stock offered by Late Stage.  For example, they claimed that the only time Late Stage profited was on exit, when the company made its IPO or sold to a larger company, in which case it would be entitled to a 20% share of the investor’s profits.  In reality, however, Late Stage charged fees in the form of upfront markups ranging from 10-50% of each investment.  In total, between approximately March 2019 and July 2022, sales offices working on behalf of Late Stage raised approximately $528 million from investors and diverted approximately $88.6 million in undisclosed upfront markups to Pirrello, Cassino, Passalaqua, Rivera and their co-conspirators.   

The charges in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.

If you believe that you or someone you know was victimized by Pirrello, Cassino, Passalaqua, Rivera or their co-conspirators, please inform the FBI at the following website: www.fbi.gov/Pirrello or by calling 1-800-CALL-FBI.

The government’s case is being handled by the Office’s Business and Securities Fraud Section.  Assistant United States  Attorney Jessica K. Weigel is in charge of the prosecution with assistance from Special Agent Martin Sullivan and Paralegal Specialist Sarah Burn.

The Defendants:

ROBERT CASSINO (also known as “Bobby Cassino”)
Age: 62
Long Beach, New York

JOSEPH PASSALAQUA
Age:  36
Sparta, New Jersey

JOSEPH RIVERA
Age: 45
Elmont, New York

Previously Indicted Defendant:

RAYMOND JOHN PIRRELLO, JR. (also known as “Ray John”)
Age: 48
Sparta, New Jersey

E.D.N.Y. Docket No. 23-CR-499 (S-1) (KAM)

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Founder and CEO of Non-Profit and Two Others Charged with Fraud, Bribery and Money Laundering Offenses

Source: US FBI

Through Kickbacks and Bribes, Defendants Illegally Diverted Tens of Millions of Dollars from COVID-19 Emergency Housing Program to Enrich Themselves

Earlier today, at the federal court in Brooklyn, an indictment was unsealed charging Julio Medina, Christopher Dantzler and Weihong Hu with conspiracy to commit wire fraud, honest-services wire fraud, money laundering conspiracy, conspiracy to violate the Travel Act and the use of a facility of interstate commerce in aid of commercial bribery.  This morning, Dantzler was arrested on Long Island, Hu in Manhattan and Medina in the Bronx.  They will be arraigned this afternoon before United States Magistrate Judge James R. Cho.

John J. Durham, United States Attorney for the Eastern District of New York, Jocelyn E. Strauber, Commissioner, New York City Department of Investigation (DOI) and James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrests and charges.

“The defendants’ brazen and illegal kickback scheme stole money from the City of New York that was intended to provide emergency housing and support services during the pandemic,” stated United States Attorney Durham.  “Shamefully, the defendants saw the pandemic as an opportunity to line their pockets with stacks of cash, finance a luxury vehicle, purchase homes and pay off personal debts. While New York City was trying to curb the spread of COVID-19, the defendants exploited a nonprofit organization to enrich themselves.  My Office will relentlessly pursue those who steal public funds and deprive members of our community of crucial resources.”

DOI Commissioner Strauber stated: “As charged, these defendants, an Executive Director of a City-funded nonprofit and the principals of the nonprofit’s subcontractors, engaged in and concealed a bribery and kickback scheme, pocketing millions of dollars of funds intended to provide emergency housing and support services in New York City during the COVID-19 pandemic. I thank the Mayor’s Office of Risk Management and Compliance for the referral to DOI that prompted this investigation and the U.S. Attorney’s Office for the Eastern District of New York and the FBI for their partnership and commitment to protect critical public resources.”

“These three defendants allegedly pocketed millions of dollars from public funds allocated for emergency housing during the pandemic,” stated FBI Assistant Director in Charge Dennehy. “This alleged kickback scheme abused a program designed to provide a vulnerable population with healthier, unexposed lodging alternatives, to finance enhancements to the defendants’ lifestyles. The FBI will never tolerate any individual who twists public programs into a mechanism to sell services for personal profit.”

As alleged in the indictment, Medina founded and served as the Executive Director and Chief Executive Officer of a non-profit organization that, among other things, provided various reentry services to formerly incarcerated individuals (the “Organization”).  In June 2020, the New York City Mayor’s Office of Criminal Justice (MOCJ) contracted with the Organization to administer an emergency transitional housing program (the “Emergency Housing Program”), in partnership with local hotels and other businesses, to combat the spread of COVID-19 in New York City jails.  The Organization subsequently entered into agreements with various hotels to operate as reentry hotels under the Emergency Housing Program.  In total, between June 2020 and December 2023, the Organization received approximately $122 million in public funds from MOCJ to operate the Emergency Housing Program at these hotels.

Dantzler and Hu each operated or controlled businesses that received tens of millions of dollars in public funds from the Organization under the Emergency Housing Program.  Dantzler’s company purported to provide security services at the reentry hotels but was not a licensed security company and did not, in fact, provide security services.   Hu operated or controlled two hotels in Queens that operated as reentry hotels under the Emergency Housing Program and was a member of a repurposed catering company that provided food services to formerly incarcerated individuals residing at reentry hotels under the Emergency Housing Program.   

Medina solicited and accepted bribes and kickbacks from Dantzler and Hu in exchange for Medina providing business through the Organization to Dantzler’s and Hu’s respective businesses under the Emergency Housing Program.  Among other bribes and kickbacks, Dantzler and Hu purchased Medina an approximately $1.3 million townhouse; Hu, through one of her businesses, financed a luxury vehicle for Medina valued at approximately $107,000; and Dantzler paid to purchase and renovate a house for Medina for approximately $750,000.

As depicted in the following photograph, during an in-person meeting in September 2020, Hu also provided Medina with a stack of wrapped U.S. currency in exchange for two checks from the Organization made out to Hu’s catering company, totaling more than $187,000.   

In total, Dantzler and Hu provided Medina with at least $2.5 million in U.S. currency and in-kind benefits in exchange for Medina steering approximately $51 million in public funds from the Emergency Housing Program to Dantzler’s and Hu’s businesses.  In turn, Dantzler’s security company received approximately $21 million in public funds from the Organization under the Emergency Housing Program, of which Dantzler personally retained approximately $9 million in public funds.  Hu’s hotels received approximately $12 million in public funds from the Organization under the Emergency Housing Program, while her repurposed catering company received approximately $17 million in public funds.

The charges in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States  Attorneys Meredith A. Arfa, Eric Silverberg and Sean M. Sherman are in charge of the prosecution, with assistance from Paralegal Specialists Kavya Kannan and Rebecca Roth.

The Defendants:

JULIO MEDINA
Age:  64
Clifton Park, New York

CHRISTOPHER DANTZLER
Age:  49
Baldwin, New York

WEIHONG HU
Age:  59
Manhattan, New York

E.D.N.Y. Docket No. 25-CR-54 (RPK)

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Founder of Purported Artificial Intelligence-Driven Hedge Fund Pleads Guilty to Investment Adviser Fraud

Source: US FBI

Defendant Targeted Egyptian-American Coptic Christians and Spent Victims’ Funds on Luxury Goods and Expensive Meals

Earlier today, Mina Tadrus pled guilty at the federal courthouse in Brooklyn, New York to committing investment adviser fraud in connection with a scheme to defraud investors in Tadrus Capital LLC, a hedge fund Tadrus founded and operated, of more than $5 million.  Today’s proceeding took place before United States District Judge Hector Gonzalez.  When sentenced, Tadrus faces up to five years in prison.    Tadrus was charged in September 2023.

John J. Durham, United States Attorney for the Eastern District of New York, James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Harry T. Chavis, Jr., Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York Field Office (IRS-CI), announced the guilty plea.

“The defendant preyed on the Egyptian-American Coptic Christian community by falsely promising that his purported artificial intelligence-driven hedge fund would earn guaranteed annual returns of 30% or more, and taking advantage of their trust for his own personal gain,” stated United States Attorney Durham.  “This Office has prioritized protecting and seeking justice for individual investors in our District and beyond.”

Mr. Durham expressed his appreciation to the U.S. Securities and Exchange Commission’s New York Regional Office for its assistance in this matter.

“The only thing more artificial than Tadrus’ AI-driven hedge fund was his sincerity.  He sold a dream to trusting investors and instead of turning their money into profit, he swindled it for his own luxuries.  Today’s plea and forfeiture agreements are just a small step forward for his victims to receive genuine justice,” said Harry T. Chavis, Jr., Special Agent in Charge of IRS-CI New York.

According to court filings and facts presented during the plea proceeding, Tadrus marketed interests in Tadrus Capital LLC to investors based on false promises that he would employ artificial intelligence-driven trading strategies that would earn them guaranteed annual returns of 30% or more.

In reality, however, Tadrus did not use investor funds to engage in artificial intelligence-based trading as promised, nor did he engage in any trading activity. Instead, he used investor funds to pay employees, to purchase luxury gifts and expensive meals for himself, and to make Ponzi scheme-like payments to new victim investors.

If you were a Tadrus Capital LLC client and would like to file a complaint, please visit www.iC3.gov.  Please reference “Tadrus Capital” or “Mina Tadrus” in your complaint.

The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney John O. Enright and Special Agent Martin Sullivan are in charge of the prosecution with assistance from Paralegal Specialist Sarah Burn.

The Defendant:

MINA TADRUS
Age: 38
Tampa, Florida

E.D.N.Y. Docket No. 23-CR-393 (HG)

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Federal Grand Jury Indicts Buffalo Police Detective for Purchases Made on Illicit Online Marketplace and Making False Statements to the FBI

Source: US FBI

BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Terrance Michael Ciszek a/k/a DrMonster, 34, of Buffalo, NY, with possession of unauthorized access devices with intent to defraud and making a false statement to an agency of the United States, which carry a maximum penalty of 10 years in prison.

Assistant U.S. Attorney Charles M. Kruly, who is handling the cases, stated that since August 2018, the FBI has been investigating an illicit online marketplace known as Genesis Market, whose operators compile stolen data, such as computer and mobile device identifiers, email addresses, usernames, and passwords, from malware-infected computers around the globe and package it for sale on the market. Purchases made through Genesis Market are conducted using virtual currency, such as bitcoin.

According to the indictment and a previously filed complaint, between March 16 and July 29, 2020, Ciszek, a Buffalo Police Detective, purchased 11 packages on Genesis Market that included 194 stolen account credentials. Investigators also determined that Ciszek had bitcoin wallet addresses associated with UniCC, a dark web carding website. Carding websites are illicit marketplaces and/or forums used to share stolen credit card data and discuss techniques for obtaining credit card data, validating it, and using it for criminal activity. On April 15, 2020, Ciszek recorded a video explaining to others how he anonymized his identity on the internet when purchasing stolen credit cards, and described his use of UniCC. In the video, he stated, among other things, “And then I usually get my credit cards from UniCC, which is an amazing place if you guys don’t have it.

On April 4, 2023, Ciszek is accused of making false statements to the FBI, claiming that he had not purchased stolen credentials from the internet, and further stating that his nephew may have been responsible for the online purchase of stolen credentials.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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.     

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Tonawanda Man Arrested, Charged with Distribution and Possession of Child Pornography

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Trevor Knapp, 32, of Tonawanda, NY, was arrested and charged by criminal complaint with distribution and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in April 2024, a 17-year-old minor female contacted the Flagstaff, Arizona Police Department stating that she was being harassed by a 32-year-old male named Tyler Knapp online. The minor victim met Knapp in 2020, when she was 13-years-old, on a website called, “mylol,” a friend finding website that she no longer uses. As the two began communicating, the conversations became sexual in nature. Knapp sent sexually explicit videos of himself to the minor victim. He also asked that she send naked images of herself, but she declined. However, the minor victim would get out of the shower naked while the two were video chatting and Knapp would screen capture an image of her. The two also messaged through Google Chat and Knapp utilized multiple Google email accounts. The minor victim, who was uncomfortable with how he was talking, would delete or block Knapp but he would utilize a new account to regain contact. Knapp also located the minor victim’s Instagram account and messaged her on that platform as well. The minor victim advised Knapp multiple times of her real age.

The minor victim requested for months that Knapp leave her alone, stating that she had a boyfriend. Knapp then requested images of the minor victim and her boyfriend having sex. He also sent her a naked image of a second minor victim, a female living in Pennsylvania. The two minor victims began communicating, and the second minor victim described Knapp as “the pedophile.” Subsequent investigation traced Knapp back to the Western District of New York.

On October 10, 2024, a search warrant was executed at Knapp’s residence, during which investigators seized his cell phone. A preliminary search recovered a sexually explicit video that included Knapp and the first minor victim.

The complaint is the result of an investigation by the Flagstaff, Arizona Police Department, under the direction of Chief Sean Connolly, the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

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.

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Federal Jury Convicts Retired DEA Agent of Conspiracy to Defraud the United States and Conspiracy to Distribute Controlled Substances

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal jury has convicted retired Drug Enforcement Administration Special Agent Joseph Bongiovanni, 60, of Tonawanda, NY, of one count of conspiracy to defraud the United States, one count of conspiracy to distribute a controlled substance, four counts of obstruction of justice, and one count of false statement to law enforcement. The charges carry a maximum penalty of 20 year in prison and a $250,000 fine.

“The prosecution of law enforcement officers and public officials are the most difficult cases that are undertaken by prosecutors,” stated U.S. Attorney Ross. “However, these verdicts show that no one is above the law, not even a federal agent.”

FBI Special Agent-in-Charge Matthew Miraglia stated, “Federal agents hold a significant amount of authority and trust to keep American people safe. Therefore, when the FBI learns of allegations including bribery, obstruction of justice, and lying to investigators, a rigorous investigation unfolds. Our investigation, re-enforced by the jury’s verdict, found that former DEA agent Joseph Bongiovanni chose greed over integrity. The FBI continues to execute our duties to the highest level of ethical and moral values. We remain steadfast in aggressively investigating and bringing those who misuse their authority to justice.”

“I want to commend the HSI special agents, our law enforcement partners, and the U.S. Attorney’s Office, for the tremendous work and countless hours expended to achieve a successful outcome in this case,” said Erin Keegan, HSI Buffalo Special-Agent-in Charge. “While Bongiovanni’s actions undermined and compromised law enforcement efforts throughout the area, his actions are not, in any way, a reflection of the thousands of DEA agents or law enforcement officers who serve this nation and community with honor and integrity.”

Assistant U.S. Attorneys Joseph M. Tripi, Nicholas T Cooper, and Casey L. Chalbeck, who are handling the case, stated that between 1998 and February 1, 2019, Bongiovanni served as a Special Agent with the Drug Enforcement Administration. From 2001 until his retirement, he was assigned to the Buffalo Resident Office. Bongiovanni used his position as a DEA special agent to defraud the DEA, an agency that is a part of the Department of Justice and the Executive Branch of the United States government, by violating his oath to the United States Constitution and duty to enforce the drug laws of the United States. As a part of his agreement to defraud the United States in violation of his oath and duty, and as part of his agreement to accept bribes, Bongiovanni protected his friends, associates, and individuals he believed were members or associates of Italian Organized Crime in Buffalo, from investigation, arrest, and prosecution. In particular, Bongiovanni provided Michael Masecchia, a former Buffalo School teacher with connections to Italian Organized Crime, and others involved in the distribution of substantial quantities of marijuana, cocaine, and fentanyl pills, by providing law enforcement sensitive information about the existence of investigations, the identities of informants, and about sensitive law enforcement techniques and tactics. As part of his protection and in furtherance of his conspiracy to defraud the DEA, Bongiovanni opened a case file within the DEA, which he then used to obtain to ensure that other state and local law enforcement agencies, and federal agents, would defer the investigation of the individuals that the defendant was protecting to the defendant. Bongiovanni also used the DEA case file to enter information pertaining to drug traffickers he was protecting into deconfliction databases in order to alert himself if any other members of law enforcement were investigating coconspirators Bongiovanni was protecting.

Relatedly, Bongiovanni was convicted of obstruction of justice and making materially false statements to an agent of the United States for preparing false and fraudulent official DEA memoranda, and making false statements to agents investigating Bongiovanni, to conceal his relationship with Peter Gerace Jr., an individual who was under investigation by the DEA, and others for drug trafficking and related offenses.

Michael Masecchia was previously convicted and sentenced to serve seven years in prison. Peter Gerace Jr. is awaiting trial. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The verdict is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; and the Department of Justice Office of the Inspector General, under the direction of Special Agent-in-Charge Ryan T. Geach, Northeast Region. The Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarantino, III, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia, and the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti also assisted in the investigation.

Sentencing is scheduled for June 9, 2025, before Judge Lawrence J. Vilardo who presided over the trial of the case.

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Rochester Man Pleads Guilty to Secretly Recording Minor Victim in Shower

Source: US FBI

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Gregory M. Brooks, 53, of Rochester, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Frank P. Geraci, Jr. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.

Assistant U.S. Attorney Nicholas M. Testani, who is handling the case, stated that in February 2021, Brooks secretly placed a video camera in a bathroom where he knew that a Minor Victim showered. He positioned the camera to capture naked videos of the Minor Victim entering and exiting the shower. Between February 2021, and August 31, 2023, Brooks received and stored the videos of child pornography captured by the video camera on his cellular telephone.

The plea is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Greece Police Department, under the direction of Chief Michael Wood.

Sentencing is scheduled for February 6, 2025, before Judge Geraci.

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North Tonawanda Man Going to Prison for 14 Years for His Role in Drug Conspiracy

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Johnny Williams, 32, of North Tonawanda, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 400 grams or more of fentanyl, was sentenced to serve 168 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorneys Nicholas T. Cooper and Aaron J. Mango, who handled the case, stated that between June and October 2021, Williams conspired with others, including Lairon Graham, to sell fentanyl and crack cocaine from a residence on Liddell Street in Buffalo. While doing so, Williams possessed a firearm on multiple occasions. In August 2021, law enforcement executed a search warrant at a Davey Street residence in Buffalo, which was also used by members of the conspiracy to sell fentanyl and crack cocaine. During the search, investigators recovered approximately 44 grams of fentanyl, approximately 37 grams of crack cocaine, approximately $2,500 cash, and assorted drug paraphernalia. In March 2022, Williams a semi-automatic pistol to fire multiple gunshots at an individual, striking the victim in the upper arm. The Government contends that the shooting was intended to discourage another person from providing information to law enforcement about the narcotics conspiracy. Williams contends that was not his motivation for firing gunshots at the victim.

Lairon Graham was previously convicted and sentenced to serve 264 months in prison.

The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan; the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia; the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia; the Lancaster Police Department, under the direction of Chief William Gummo; and the Lackawanna Police Department, under the direction of Chief Mark Packard.

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New England Doctor Pleads Guilty to Drug Distribution Conspiracy

Source: US FBI

A New England doctor pleaded guilty today to conspiring to illegally distribute controlled substances. This is the first joint prosecution of a doctor by the Justice Department’s New England Strike Force and U.S. Attorney’s Office for the District of Vermont.

“The defendant, a medical doctor based in New England, prescribed drugs to vulnerable patients in exchange for cash, knowing the patients were diverting the drugs,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The cases brought by the New England Strike Force, including today’s conviction, demonstrate the Criminal Division’s commitment to holding accountable medical professionals who endanger local communities by putting profits above their patients’ wellbeing.”

“When we announced the creation of the New England Strike Force, we said we would be focusing on medical professionals who put profits over their patients,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Khan is an example of that — a bad apple in a profession that takes an oath to uphold ethical standards and treat patients as you would want to be treated. Putting profits over patients is a severe violation of that oath, and, in this case, a violation of federal criminal law. Today’s guilty plea is another step in holding Khan liable for his illegal conduct.”

According to court documents, Adnan S. Khan, M.D., 48, of Grantham, New Hampshire, conspired with others to illegally distribute controlled substances through his business, New England Medicine and Counseling Associates (NEMCA), which operated a network of clinics in New England that purportedly provided clinical treatment services for persons suffering from substance use disorder. Khan and a co-conspirator prescribed controlled substances to NEMCA patients despite knowing that their patients were diverting the prescriptions. Khan admitted that he and others required cash for purported office visits to received controlled substance prescriptions and falsified medical records to justify his illegal prescribing practices.

During the conspiracy, Khan emailed a co-conspirator a Justice Department press release  announcing the creation of the New England Strike Force, a law enforcement partnership whose purpose is to identify and prosecute health care fraud and other criminal schemes impacting the New England region. In response, the co-conspirator stated that it is “clear that [references in the release to] ‘making profit off of patients’ is geared towards folks like us. Curious where this will lead.” Khan then emailed NEMCA staff and stated that “there is a new task force…[for the New England states] on the lookout for medical professionals who are prescribing scheduled meds irresponsib[ly], etc.” Khan warned his staff that “[i]t is not a matter of if someone from such a task force will visit NEMCA but rather a matter of time.” Khan then ordered his staff “NOT to engage or discuss anything [with the  New England Strike Force] about NEMCA, what we do, what we offer, fees, etc.”

“Rather than providing responsible addiction treatment to his patients, Khan ran his medical practice with the corruption and recklessness of a common drug dealer,” said Special Agent in Charge Roberto Coviello of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “His actions put patients and the community at risk. Today’s guilty plea is the result of a coordinated effort with our law enforcement partners as we continue our fight against addiction and the opioid epidemic.”

“Khan and his co-conspirator exploited vulnerable patients and cashed in on the very dependencies he was entrusted to treat,” said Special Agent in Charge Craig Tremaroli of the FBI Albany Field Office. “Today’s plea proves he is no better than a street level drug dealer motivated by pure greed as opposed to the oath he took to ‘first, do no harm’ to his patients. The FBI will continue to work with our partners on the New England Strike Force and U.S. Attorney’s Office to identify and bring to justice any practitioner looking to line their pockets in complete disregard for patient welfare and viability of our healthcare framework.”

“Our communities deserve honest and trustworthy medical practitioners,” said Acting Diversion Program Manager George J. Lutz Jr. of the Drug Enforcement Administration (DEA)’s New England Field Division. “Individuals betraying this trust through the illegal prescribing of controlled substances will be fully investigated by the DEA. Today’s guilty plea reinforces the value of the coordinated efforts with our law enforcement partners working alongside prosecutors to hold corrupt and reckless practitioners accountable for their actions.”

“So many Vermonters have been impacted by the opioid epidemic, which is why we must hold bad actors accountable, particularly physicians who use their prescribing power and their positions of authority to profit from their patients’ pain and suffering,” said Vermont Attorney General Charity R. Clark on behalf of the office’s Medicaid Fraud & Residential Abuse Unit. “I am proud to partner with the U.S. Attorney’s Office and Department of Justice in this effort.”

Khan and a co-conspirator required patients — many of whom were economically disadvantaged — to pay $250 cash in exchange for drug prescriptions, despite many of these patients’ having health care benefit coverage. If a patient could not afford the full cash payment, Khan would lower the dosage of that patient’s prescription. Khan then used funds that he earned from these patients to, among other things, purchase an airplane and multiple properties in New England. Khan would also personally deposit the cash that he received from patients, including deposits in excess of $10,000, at his bank.

Khan also admitted that he and a co-conspirator discussed their concern that, because pharmacies were no longer willing to fill the prescriptions, NEMCA might lose “dishonest” patients who were “selling their meds.” Khan said that their “honest patients” were “the smaller part of [NEMCA’s] clientele” and advised a co-conspirator that “it’s the diverters [of the drugs that] we need to try to figure out a way to retain.” A co-conspirator emailed Khan, suggesting that they give $100 “scholarships” to patients who owed them money. Khan responded he was “[s]tuck on ‘who’ should get them. S[******] patients owe me so much that $100 won’t even put a dent on their account and they probably won’t appreciate it. Maybe the borderline ones who are just over the $250 threshold? They would probably get on their knees in gratitude.”

Khan pleaded guilty to one count of conspiring to illegally distribute controlled substances. A sentencing hearing will be scheduled on a later date. Khan faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

As a condition of Khan’s release, he is prohibited from writing prescriptions for controlled substances.

The HHS-OIG, FBI, DEA, and Vermont Attorney General’s Office’s Medicaid Fraud and Residential Abuse Unit investigated the case.

Trial Attorneys Thomas D. Campbell and Danielle H. Sakowski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Gilman for the District of Vermont are prosecuting the case.

The Fraud Section partners with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout the country to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal/criminal-fraud/health-care-fraud-unit.

The Vermont Attorney General’s Office Medicaid Fraud and Residential Abuse Unit receives 75% of its funding from HHS-OIG under a grant award totaling $1,229,616 for federal fiscal year 2024. The remaining 25%, totaling $409,870 for federal fiscal year 2024, is funded by the State of Vermont.

Anyone needing access to opioid treatment services can contact HHS-OIG’s Substance Abuse and Mental Health Services Administration 24/7 National Helpline for referrals to treatment services at 1-800-662-4359.