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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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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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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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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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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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