Prior Felon Charged with Gun and Drug Charges

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Derrel Austin, 46, of Niagara Falls, NY, was arrested and charged by criminal complaint with possession with intent to distribute 40 grams or more of fentanyl, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Donna M. Duncan, who is handling the case, stated that according to the complaint, in October 1995 and October 2009, Austin was convicted of multiple felony charges in Erie County Court, including kidnapping and manslaughter. On February 17, 2022, New York State Parole and Niagara Falls Police officers went to Austin’s residence to conduct a home visit. Officers knocked and announced for several minutes. During this time, an individual, later determined to be Austin, was seen exiting the residence onto the fire escape carrying several bags, which were left on the fire escape. A short time later, Austin went back inside the residence and opened his apartment door for officers. Wearing a bathrobe, Austin claimed that it took him so long to answer the door because he was in the shower. During the execution of the parole search, officers recovered the bags from the fire escape, which contained suspected cocaine, suspected fentanyl, suspected Suboxone, and drug paraphernalia, a handgun, and multiple rounds of ammunition. Investigators also noted that the shower in the residence was dry.

The complaint is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Daniel F. Martuscello III, the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari, 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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Buffalo Man Pleads Guilty to Bilking Two Banks Out of Nearly Half a Million Dollars

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Joshua Parra, 32, formerly of Buffalo, NY, now living in Melbourne, Florida, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to bank fraud, which carries a maximum penalty of 30 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that between December 28, 2021, and January 6, 2022, Parra defrauded Bancorp and Stride Bank by creating 94 fictitious disputed transactions on behalf of 11 customers of Fintech Company 1, a financial technology company that offers customers mobile banking services. However, none of the 11 customers’ accounts with Fintech Company 1 had transactions that would justify such disputes. Nearly all of the fictitious disputed transactions were in the amount of $5,000. As a result, funds were transferred from settlement accounts, held at Bancorp and Stride Bank, to accounts maintained by the Fintech Company 1 customers for whom Parra created the fictitious disputed transactions. Losses to Bancorp and Stride Bank totaled approximately $459,000.

The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Miraglia.  

Sentencing will be scheduled at a later date.   

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Buffalo Man Sentenced for Buying Stolen Data From Genesis Market

Source: US FBI

BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Wul Isaac Chol, 27, of Buffalo, NY, who was convicted of possession of 15 or more unauthorized access devices with intent to defraud, was sentenced to serve 20 months in prison by U.S. District Judge John L. Sinatra, Jr.

Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that Genesis Market is an online marketplace 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. Between June 2019, and January 2021, Chol deposited approximately $105.08 worth of bitcoin in a Genesis account that he had created. Chol used the funds he deposited in his Genesis account to purchase 21 packages of unauthorized access devices. Those packages contained, in total, approximately 778 unauthorized access devices. In addition, Chol admits that he obtained, without authorization, $25,164.00 from the New York State Department of Labor.

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

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Lancaster Man Sentenced for COVID Relief Fraud

Source: US FBI

BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that Larry Jordan, 45, of Lancaster, NY, who was convicted of conspiracy to commit bank fraud and wire fraud for his participation in a scheme to file fraudulent loan applications seeking forgivable Paycheck Protection Program (PPP) loans, was sentenced to serve 18 months in prison by U.S. District Judge John L. Sinatra, Jr. Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, joined the announcement.

According to court documents, between April and September 2020, Jordan and his brother Sutukh El a/k/a Curtis Jordan a/k/a Hugo Hurt a/k/a Hugo Hermes Hurtington, conspired to submit eight fraudulent PPP loan applications on behalf of companies they owned or controlled. Three of the applications were submitted to Evolve Bank & Trust and the other five were submitted to Lendio, a financial technology company based in Utah. The applications contained false statements about the 2019 payroll expenses of each company, which were used to calculate the amount of PPP funds to which the applicant-companies would be entitled. To corroborate the applications, Jordan and El submitted IRS forms, which had never been filed with the IRS, as well as fraudulent payroll registers that purported to identify the names, personal information, and salary of the employees identified on the PPP applications.

For example, a PPP loan application was submitted on behalf of 5 Stems Inc to Evolve. The application represented that in 2019, 5 Stems Inc had 194 employees and an average monthly payroll of $242,133.33. In truth, 5 Stems Inc had nine employees in 2019 and paid those employees a total of approximately $57,380 for all of 2019. Evolve approved the application and funded a $605,200 loan. The money was deposited into an account controlled by defendant El. Some of the money was used for the defendants’ own investments, as well as personal expenses and home improvements.

Sutukh El was previously convicted and is awaiting sentencing.

This case was investigated by the Federal Deposit Insurance Corporation’s Office of Inspector General, the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection’s Office of the Inspector General, the Federal Housing Finance Agency’s Office of the Inspector General, the Federal Bureau of Investigation, and the Small Business Administration’s Office of Inspector General. Assistant U.S. Attorneys Charles Kruly and Grace Carducci for the Western District of New York and Trial Attorneys Ariel Glasner and Della Sentilles of the Criminal Division’s Fraud Section are prosecuting the case.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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Avon, New York, Police Trainee Charged with Attempted Kidnapping, Cyberstalking, and Multiple Child Pornography Charges

Source: US FBI

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Casey Medina, 33, of Rochester, NY, was charged by criminal complaint with attempted kidnapping, distribution, receipt, and possession of child pornography, cyberstalking, and aiding and abetting. The charges carry a minimum penalty of five years in prison and a maximum of 20 years.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that in May 2024, the Onondaga County, NY, Sheriff’s Office was contacted by a 31-year-old female (victim), who reported that she had been receiving text messages from unknown numbers that included photographs depicting her face superimposed on various pornographic images made to appear as if she had been engaging in sexual acts. In addition, the victim reported being threatened by the unknown numbers, including being kidnapped, raped, sexually abused and/or killed. In August 2024, the victim indicated to investigators that the text messages in May occurred over the course of approximately 26 days, and, after short break, continued sporadically through June and July 2024. The victim stated that the messages were becoming very concerning, and she had no idea who they were coming from.

Also in August 2024, law enforcement received a tip from an individual that he had communicated with another individual with username “crcdal” via social media. The other individual, later identified as Medina, was looking for someone to help to harass the victim. Medina provided the individual with the victim’s personal information, including her place of employment, home address, personal cell phone number, and a variety of photos. The individual provided law enforcement with several screenshots of communications with Medina, which included discussions of abducting, drugging, and raping the victim. An undercover law enforcement officer then began communicating with Media online, during which they also discussed abducting, drugging, and raping the victim.

On August 22, 2024, Medina was an Avon Police Department trainee, and was arrested by the Onondaga County Sheriff’s Office at the Rural Police Training Academy in Livingston County on multiple state charges. Investigators executed a search warrant on Medina’s cell phone and recovered the communications discussing the abduction, drugging, and raping of the victim as well as images and videos of child pornography that Medina shared online.

The complaint is the culmination of an investigation by the Onondaga County, NY, Sheriff’s Office, under the direction of Sheriff Tobias Shelley, 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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South Carolina Woman Pleads Guilty to Sending Racist Threats to Kill a Catskill Man

Source: US FBI

ALBANY, NEW YORK – Kristin Keeble, age 54, of Pageland, South Carolina, pled guilty today to transmitting a threat to injure another in interstate commerce.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Keeble admitted that on October 26, 2023, she sent four threatening, profanity-laced and racially derogatory audio messages through Facebook Messenger to a man in Catskill, New York. Keeble threatened to kill the victim by hanging him, along with a woman the victim knew, and the woman’s children, from a tree. Keeble purported to be acting with members of the Ku Klux Klan. Keeble knew, from the victim’s Facebook profile photo, that the victim was Black.

At sentencing before United States District Judge Anne M. Nardacci on March 7, 2025, Keeble will face a maximum term of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The FBI investigated the case, which Assistant U.S. Attorney Alexander Wentworth-Ping is prosecuting.

New York Man Sentenced to Prison for Assaulting Law Enforcement and Other Charges During the January 6 Capitol Breach

Source: US FBI

            WASHINGTON— A New York man was sentenced to prison today after he previously pleaded guilty to multiple felony and misdemeanor charges, including assaulting law enforcement, during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Troy Weeks, 38, of Greenville, New York, was sentenced to 21 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge Rudolph Contreras.

            Weeks previously pleaded guilty to two felony charges, including civil disorder and assaulting, resisting, or impeding certain officers. In addition to the felonies, Weeks pleaded guilty to four misdemeanor offenses, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, and impeding passage through the Capitol grounds or buildings.

            According to court documents, n Jan. 6, 2021, Weeks was present on the Lower West Terrace of Capitol grounds near an area known as the Tunnel, the site of some of the most violent attacks against law enforcement that day. At about 3:02 p.m., Weeks entered the Tunnel as a mob of rioters battled with police. Weeks made his way through the crowd and, after reaching the police line, turned around and called out to the crowd, “Alright! Get ready to push! C’mon!” Weeks and the other rioters then pressed in closer to police.

            Court documents say that Weeks then reached his arm past another rioter, through a broken window of a door, and grabbed a can of OC spray that was in the hands of a police officer. However, the officer was able to prevent Weeks from obtaining the spray. Seconds later, Weeks came around the door and made direct physical contact with the police on the other side and pressed his body up against police and their shields. At one point, Weeks grabbed onto one of the officer’s riot shields and was sprayed with OC spray.

            Weeks was expelled from the Tunnel at about 3:05 p.m. but remained in the area. At approximately 3:47 p.m., Weeks joined with other rioters in the Tunnel in a coordinated “heave-ho” push and rocking movement against an established police line defending the Tunnel.

            The FBI arrested Weeks on Jan. 10, 2023, in New York.

            The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the Northern District of New York provided valuable assistance.

            The FBI’s Albany and Washington Field Offices investigated this case and listed Weeks as BOLO (Be on the Lookout) #85 in its seeking information images. The U.S. Capitol Police and the Metropolitan Police Department provided valuable assistance.

            In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Two Romanian Nationals Charged with ATM Skimming and Aggravated Identity Theft

Source: US FBI

SYRACUSE, NEW YORK – Radu-Lucian Grigoras, 45, and Gheorghe Nistor, 42, both nationals of Romania, were indicted on two charges of financial institution fraud and two charges of aggravated identity theft.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Grigoras and Nistor were arraigned in federal court last week on a 4-count indictment alleging that from no later than April 2024 through at least August 2024, the defendants participated in a scheme to defraud financial institutions. The indictment alleges that the defendants installed skimming devices and pinhole cameras within ATMs belonging to financial institutions. Those devices captured and stored the debit card information of unsuspecting individuals who conducted transactions at those ATMs. The pinhole cameras recorded the customers entering their PINs to conduct the ATM transactions. The indictment further alleges that after installation of these devices, the defendants returned within five days to remove these devices and caused the stolen account information to be encoded onto the magnetic strips of other cards, which they used at ATMs to fraudulently withdraw money from customers’ accounts. The indictment alleges that the defendants executed the scheme in multiple states, including New York, Kansas, Missouri, and Pennsylvania. The indictment alleges that as a result of the scheme to defraud, the defendants fraudulently withdrew in excess of $175,543.00 The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.

Each of the fraud counts in the indictment carries a maximum sentence of 30 years’ imprisonment and a $1 million fine. The maximum sentence for aggravated identity theft is a mandatory consecutive 2 years’ imprisonment. The charges also carry a term of supervised release of up to 5 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Federal Bureau of Investigation (FBI) is investigating the case, with assistance from the New York State Police, Pennsylvania State Police, Town of Cicero Police Department, City of Auburn Police Department, Leavenworth, Kansas Police Department, St. Charles City, Missouri Police Department, and the St. Peters, Missouri Police Department. Assistant U.S. Attorneys Matthew J. McCrobie and Paul Tuck are prosecuting the case.

Burlington, Vermont, Man Charged with Bank Robbery

Source: US FBI

Burlington, Vermont – The United States Attorney’s Office stated that James Plunkett, 39, of Burlington, Vermont, has been charged by criminal complaint with bank robbery.

On November 4, 2024, Plunkett appeared before United States Magistrate Judge Kevin J. Doyle, who ordered Plunkett detained during the pendency of this matter.

According to court records, on the morning of October 26, 2024, Plunkett is alleged to have robbed the M&T Bank on Pine Street in Burlington. Plunkett is alleged to have entered the bank, told the bank tellers that he had a bomb in his fanny pack, and ordered them to give him money. Plunkett did not conceal his face during the robbery. Plunkett received $683.00 in cash and left the area.

Plunkett was identified from the M&T bank robbery video footage after review by law enforcement and community members who knew Plunkett and provided tips to law enforcement.

The United States Attorney’s Office emphasizes that the complaint contains allegations only and that Plunkett is presumed innocent until and unless proven guilty. Plunkett faces up to 20 years if convicted. The actual sentence, however, would be determined by the District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Burlington Police Department, the Winooski Police Department, the South Burlington Police Department, the Vermont State Police’s Northern Vermont Drug Task Force, the Colchester Police Department, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Milton Police Department.

The prosecutor is Assistant United States Attorney Thomas J. Aliberti. Plunkett is represented by Assistant Federal Public Defender Steven Barth.

Orlando, Florida Man Convicted of Wire Fraud Conspiracy

Source: US FBI

Rutland, Vermont – The United States Attorney for the District of Vermont announced that on Friday, November 1, 2024, Nasir Hussain, also known as “Sonu”, 31, of Orlando, Florida was convicted in U.S. District Court in Rutland of wire fraud conspiracy after a four-day jury trial. U.S. District Judge Joseph N. Laplante ordered that Hussain remain in jail pending sentencing, which has not been scheduled. Hussain has been held without bail since his arrest in July 2023.

According to court records and evidence presented at trial, Hussain recruited a number of people to open bank accounts using false information. Those bank accounts were used to funnel proceeds from defrauded victims who lived in Vermont, California, and elsewhere in the United States. Under the fraud scheme, the victim would receive calls, emails or both – purportedly from well-known retail establishments about charges to the victim’s account. The victim was asked to call a certain number and eventually download software to enable the caller to view the screen of the victim’s computer to “refund” the charge if the victim desired.

In reality, however, that software enabled the caller to access the victim’s computer remotely – not just view the screen. The caller then pretended to cancel the requested service at the victim’s request and provide the requested refund. The caller made it look like they had provided too large of a refund, often by moving around money from the victim’s own accounts. When the victim went to return what they thought was the over-refund, they were actually giving away their own money. The callers told their victims to send their money to the bank accounts that Hussain and his conspirators had opened. From there, Hussain and his conspirators funneled the victims’ funds to various individuals in India.

Based on the jury’s verdict, Hussain faces a maximum of 20 years in prison. In a separate case still pending, Hussain faces charges of knowingly making false statements in connection with his application for permanent residence status. Hussain faces a maximum of 10 years in prison on that charge. The actual sentence will be determined with reference to Federal Sentencing Guidelines and the statutory sentencing factors.

“Fraud schemes like the one perpetrated by Hussain are complex and tend to prey on vulnerable victims,” said United States Attorney Nikolas P. Kerest. “These fraud schemes are also far too common and require vigilance by community members and law enforcement alike. This case demonstrates that the U.S. Attorney’s Office and our partners hold perpetrators of cybercrime accountable. Moving forward, we will continue to investigate and prosecute these fraud schemes and also provide education to the community on how to avoid becoming a victim.”

“Mr. Hussain is a scam artist involved in a sophisticated criminal network that targeted innocent victims and robbed them of their hard-earned money,” said Craig Tremaroli, Special Agent in Charge of the Federal Bureau of Investigation’s Albany Field Office.  “The FBI will continue to work with our partners at the United States Attorney’s Office to identify and disrupt any individual or criminal organization looking to use technology to scam our citizens.”

United States Attorney Nikolas P. Kerest also commended the investigative work of the Federal Bureau of Investigation and thanked the U.S. Marshals Service for their assistance during trial.

At trial, Assistant U.S. Attorneys Eugenia P. Cowles and Colin Owyang represented the government. Kevin Henry, Esq. of Primmer, Piper, Eggleston & Cramer, PC represented Hussain.