Source: United States Attorneys General

Headline: Ohio Man Pleads Guilty in Scheme to Distribute Heroin in Western Pennsylvania

PITTSBURGH – An Ohio resident pleaded guilty in federal court to a count of conspiracy to distribute heroin, United States Attorney Scott W. Brady announced today.

Christopher Smith, 21, of East Liverpool, Ohio, pleaded guilty to one count before United States District Judge David S. Cercone.

In connection with the guilty plea, the court was advised that Smith conspired with others to possess with intent to distribute and to distribute kilogram quantities of heroin, which was supplied from Mexico to Ohio and then later to Aliquippa in the Western District of Pennsylvania.

Judge Cercone scheduled sentencing for June 22, 2018. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Pending sentencing, the court continued the defendant’s bond.

Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.

The Drug Enforcement Administration, Hopewell Township Police Department, Beaver County District Attorney’s Office, Aliquippa Police Department, and the Beaver County Sheriff’s Office conducted the investigation that led to the prosecution of Christopher Smith.

Source: United States Attorneys General

Headline: Assistant Scout Master Sentenced For Receipt Of Child Pornography

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

BUFFALO, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Daniel Huzinec, 26, of Buffalo, NY, who was convicted of receipt of child pornography, was sentenced to 168 months imprisonment and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the investigation began in December 2014, when the defendant shared photographs of male children engaged in sexually explicit conduct on a peer-to-peer website.

On January 27, 2015, agents from Homeland Security Investigations (HSI) Buffalo, executed a search warrant at the defendant’s residence in South Buffalo. Numerous items were seized from the residence including a laptop computer.  During the execution of the warrant, the defendant, an Assistant Scout Master, waived his Miranda rights and admitted that in January 2015, while chaperoning a Boy Scout camping trip, he took several sexually explicit pictures of a sleeping 16-year-old boy with his cell phone.

A subsequent forensic evaluation of the electronic evidence seized from the defendant’s residence determined that such evidence contained images and videos of child pornography, including the sexually explicit pictures of the sleeping child that the defendant had admitted to taking. Law enforcement officers also discovered that Huzinec produced child pornography of another boy.  Specifically, in November 2014, Huzinec enticed a 15-year-old boy, a former member of the defendant’s Boy Scout troop, to send him sexually explicit pictures by creating a fake email account and posing as a teenage girl. Those pictures were also found on the defendant’s computer. 

“The Boy Scouts are an organization which promotes values such as duty and honor,” noted United States Attorney Kennedy. “There is nothing honorable about sexually exploiting children, and today’s sentence should send a message to any child predator out there—if you do anything to hurt our youth, ‘be prepared’ to spend a long time in jail.”

“This individual violated his position of trust with the Boy Scouts to exploit and take advantage of young boys under his supervision,” said Kevin Kelly, Special Agent-in- Charge of HSI Buffalo. “The exploitation of children is reprehensible, and HSI has teams dedicated to these types of investigations to ensure that we locate and arrest child predators and bring them to justice.”

The sentencing is a result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Source: United States Attorneys General

Headline: Henrietta Swim Coach Arrested For Traveling To Meet A 16 Year Old Girl For Sex

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Matthew D. Lincoln, 37, of Henrietta, NY, was arrested and charged by criminal complaint with enticement of a minor to engage in sexual activity. The charge carries a mandatory minimum penalty of 10 years, a maximum of life, a $250,000 fine, or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that the defendant, who was the head coach for the Golden Comets Swim Club, first came to law enforcement attention after he engaged in online communications with an 11 year old girl in Brighton. The child’s father reported this activity to the Brighton Police who then arranged an undercover operation.

During this operation, the defendant engaged in sexually explicit online conversations with a child he believed to be a 16 year girl. Over the course of several weeks, Lincoln repeatedly chatted with the child and requested that they meet in person so that they could engage in sexual activity. Lincoln also sent several photographs of himself to the child, including a full length nude photo. Eventually, the child agreed to meet Lincoln in person at a location in Brighton. Prior to meeting with the child, Lincoln went to a local WalMart and purchased a stuffed teddy bear, a heart shaped box of chocolates, and a card for the child, which he left in his nearby apartment.

Unbeknownst to Lincoln, the child was actually an undercover Brighton Police Investigator. When Lincoln arrived at the meeting to meet with the child, he was arrested. During a post arrest interview, Lincoln admitted to believing that he was communicating with a real 16 year old girl. He also admitted to transmitting sexually explicit messages to her and meeting with her with the intent to engage in sexual activity.

The defendant made an initial appearance on February 15, 2018, before United States Magistrate Judge Marian W. Payson. Lincoln is being held pending a detention hearing scheduled for February 22, 2018.

“Yesterday’s arrest reminds each of us that we must remain vigilant in protecting the youths of our society”, said U.S. Attorney Kennedy.  “Together with our federal, state and local partners, we will do all that we can to ensure that those who pray upon our children are brought to justice”.

“I want to recognize the excellent work of the Brighton Police Department,” said FBI Buffalo Division Acting Special Agent in Charge Kevin P. Lyons.  “They acted quickly on a parent’s complaint and took the necessary initiative to ensure that Matthew Lincoln was investigated and removed from the environment where our children live and play each day.  Our Child Exploitation Task Force is tangible proof of the FBI’s mission to protect the young people in Monroe County and beyond — a great collaborative effort that demonstrates our commitment to the community and our partners.”

The criminal complaint is the result of an investigation by the Brighton Police Department, under the direction of Chief of Police Mark Henderson, the Monroe County Sheriff’s Department, under the direction of Sheriff Todd K. Baxter, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the New York State Police, under the direction of Major Richard Allen and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Acting Special Agent in Charge Kevin P. Lyons.

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.  

Source: United States Attorneys General

Headline: Ghana Citizen Pleads Guilty To Conspiracy To Commit Wire Fraud

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

BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jason Osei Bonsu, 35, of Ghana, pled guilty to conspiracy to commit wire fraud before U.S. District Judge Richard J. Arcara.  The charge carries a maximum penalty of 20 years imprisonment and a $250,000 fine.

Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that between December 2015 and May 2017, Bonsu and his co-conspirators devised an internet romance scheme to defraud victims and obtain money. 

In furtherance of the scheme, Bonsu’s co-conspirators utilized a dating website, MillionaireMatch.com, to engage victims in communications online and over the phone to develop a rapport with victims and convince victims that they were developing romantic relationships via the internet. Victims received alleged pictures of the co-conspirators that were actually photographs of others downloaded from the internet. For example, Victim 1, who resides in the Western District of New York, received images of a person known to her as “Marvin Roecker,” but the image actually depicted a real estate agent from Texas, whose name is not “Marvin Roecker.”

After successfully building rapport, victims were asked to wire money to assist with fictitious business ventures, family emergencies, or inheritances. Victims did so, wiring funds to accounts in Ghana, the United Kingdom, and to accounts in the United States controlled by Ghanaian nationals, including Bonsu.

On March 2, 2016, Victim 1 wired $65,000 to Amen’s TD Bank account. Text messages between the defendant and co-defendant Adams Amen demonstrate that both were participants in the scheme to defraud Victim 1. For instance, Amen and Bonsu discussed quickly withdrawing Victim 1’s money to prevent the bank from becoming suspicious. Subsequently, on March 21, 2017, following a request by “Marvin Roecker,” Victim 1 wired another $180,000 to a bank account located in the United Kingdom, controlled by a co-conspirator.

Victims lost over $211,000 as a result of Bonsu’s participation in the scheme.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Kevin P. Lyons.

Sentencing is scheduled for June 4, 2018, at 12:30 p.m. before Judge Arcara.

Source: United States Attorneys General

Headline: Grand Island Man Sentenced On Marijuana And Money Laundering Convictions

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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Bass, 23, of Grand Island, NY, who was convicted of possession with intent to distribute and distribution of marijuana, and money laundering, was sentenced to 7 months imprisonment and 2 years supervised release by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Bass sold marijuana locally, then used the proceeds of the drug sales to buy bitcoins, with which he then bought more bulk quantities of marijuana from dark net vendors for further distribution.  He cycled through over $100,000 in bitcoins and between 20 and 40 kilograms of marijuana in this manner.  Law enforcement agents intercepted two packages destined for Bass in Buffalo.  Each was mailed from California and contained approximately one pound of high-grade marijuana.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge Kevin Kelly, and the United States Postal Inspection Service, under the direction of Boston Division Acting Inspector in Charge Raymond Moss.

Source: United States Attorneys General

Headline: Pittsford Man Pleads Guilty To Child Pornography Charges

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

ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Bernecki, 29, of Pittsford, NY, pleaded guilty to possessing child pornography depicting prepubescent minors before United States Magistrate Judge Marian W. Payson. 

Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that in 2012 Bernecki was convicted for possessing and distributing child pornography in the Western District of New York.  As a result of that conviction, Bernecki served a five year prison sentence.  He was released in 2016 and began a 15-year period of supervised release which was administered by the United States Probation Department, Rochester Office.  As part of his release conditions, Bernecki was subject to a search condition, which provided Probation Officers authority to inspect Bernecki’s home and digital devices.  On December 8, 2017, during a routine inspection, Probation Officers found that Bernecki was in possession of an unauthorized smartphone.  Probation Officers seized the phone and subsequently discovered the presence of child pornography.  The Federal Bureau of Investigation, Rochester Office, assisted in forensically examining the phone, which resulted in the discovery of approximately 200 images and 25 videos depicting the sexual abuse of children. 

The plea is the result of an investigation by the United States Probation Department under the direction of Chief Probation Officer Anthony SanGiacomo, and the Federal Bureau of Investigation, Buffalo Division, under the direction of Acting Special Agent in Charge Kevin P. Lyons.

Source: United States Attorneys General

Headline: Brooklyn Man Pleads Guilty to Attempting to Join ISIS in Yemen

Earlier today in federal court in Brooklyn, Mohamed Rafik Naji pleaded guilty before United States District Judge Frederic Block to one count of attempting to provide material support or resources to the Islamic State of Iraq and al-Sham (ISIS), a foreign terrorist organization.  

United States Attorney Richard P. Donoghue, Acting Assistant Attorney General for National Security Edward O’Callaghan, Assistant Director-in-Charge William F. Sweeney, Jr., of the New York Field Office of the Federal Bureau of Investigation (FBI), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the guilty plea.

Mr. Donoghue extended his grateful appreciation to the FBI’s Joint Terrorism Task Force (JTTF), which comprises a number of federal, state and local agencies from the region. 

 As detailed in publicly filed court documents, Naji viewed and distributed ISIS propaganda before traveling from New York to Yemen in March 2015 in an effort to join ISIS.  While in Yemen, Naji repeatedly tried to travel to areas controlled by ISIS, explaining in emails with an associate in the United States that he was on his fifth attempt to reach ISIS.  Naji described traveling through militarized zones and claimed that he and his group had almost been “killed . . . by army.”  In addition, he explained that “we have trouble getting in the party” because there were “to[o] many security [g]uards all ova the place” that would “kill us if they find us.”  Naji also sent his associate videos that he made in Yemen.  In one of the videos that was attached to an email with the subject line “First day on the job,” Naji’s voice can be heard over the sound of automatic weapons saying “I think we’re taking fire.”  Naji also sent his associate ISIS propaganda videos.  In addition, in an online conversation, Naji proclaimed his allegiance to ISIS stating, “I belong to Islamic state only.” 

Following his return to the United States in September 2015, Naji continued to express his support for ISIS and violent jihad.  For example, he explained ways to travel to ISIS-controlled territory in Syria by crossing the Turkish border, and how to employ strategies to avoid arrest in Turkey.  In July 2016, following the ISIS-inspired terrorist truck attack in Nice, France, Naji discussed how easy it would be to carry out a similar attack in Times Square, explaining that ISIS “want an operation in Times Square” and stating that an ISIS “reconnaissance group . . . put up scenes of Times Square.”  Naji further explained “if there is a truck, I mean a garbage truck and one drives it there to Times Square and crushes them…Times Square day.”  He was arrested by members of the New York JTTF in the autumn of 2016.  At sentencing, Naji faces a statutory maximum term of 20 years’ imprisonment. 

The government’s case is being handled by the Office’s National Security & Cybercrime Section.  Assistant United States Attorneys Ian C. Richardson and Melody Wells were in charge of the prosecution, with assistance from Trial Attorney Brian Morgan of the National Security Division’s Counterterrorism Section.

The Defendant:

MOHAMED RAFIK NAJI
Age: 38
Brooklyn, New York

E.D.N.Y. Docket No.  16-CR-653 (FB)

Source: United States Attorneys General

Headline: Jury Convicts Two KC Men of Kidnapping, Murder

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KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced that two Kansas City, Mo., men were convicted by a federal trial jury today of charges related to the kidnapping and murder of another man.

Raynal King, 26, and Howard R. Ross, III, also known as “Lil’ Howard” and “Shooter,” 23, both of Kansas City, were found guilty of multiple counts related to the carjacking, kidnapping and murder of Jaime Patton on Sept. 6, 2016.

King and Ross were convicted of one count of conspiracy to commit kidnapping, one count of aiding and abetting a kidnapping resulting in death, one count of using a firearm in furtherance of a kidnapping that resulted in a first degree felony murder, one count of robbery of a motor vehicle (carjacking) resulting in death, one count of using a firearm in furtherance of carjacking that resulted in a first degree felony murder, and one count of aiding and abetting each other as felons in the possession of a firearm.

Patton was returning home from the hospital, where he had been caring for a family member, sometime after 5 a.m. that day when King and Ross kidnapped him and stole his 2014 Jeep Patriot. They held Patton at gunpoint and drove him around in his Jeep to ATM machines, attempting to force him to provide his PIN number for his debit card so they could withdraw cash from his bank account.

Patton was unable to provide a working PIN number to withdraw cash. While held at gunpoint by King and Ross in the Mazuma Credit Union parking lot, he called his wife to obtain the working PIN number, but he was unable to do so. King and Ross became upset with the lack of cooperation from Patton and shot him in his upper thigh to make sure he knew they were not playing around.

King and Ross then drove Patton in his Jeep south on Holmes Road while they discussed what to do with him. At approximately 6:30 a.m., shortly after traveling south on Holmes Road through the intersection with 135th Street and further out of the city, Patton jumped out of his Jeep while it was moving. Patton was shot multiple times while attempting to jump and he fell to the roadway. King and Ross then fled from the area in Patton’s Jeep, leaving him to die on the side of the road.

According to evidence introduced during the trial, King and Ross began planning to commit a robbery a couple of days earlier. King had recently purchased a silver Pontiac Grand Prix but was unable to make his car payments or pay the sales tax fees. Text messages between King and Ross (recovered from their phones) shows that only days before the kidnapping King communicated with Ross about his problems and about a potential robbery.

Ross, who was on state probation for robbery at the time of the crime, was held in the Jackson County Jail after his arrest. While in the Jackson County Jail, Ross made multiple recorded phone calls to others regarding disposing of various items of evidence. Ross discussed with friends and family the location of his iPhone, which led to search warrants and the recovery of Ross’s iPhone and further evidence on his iPhone.

Investigators recovered evidence from Ross’s iPhone that showed weeks before the kidnapping Ross had a Springfield Armory .45-caliber pistol. Patton was murdered with a .45-caliber bullet. Ross took photos of himself carrying the pistol; he messaged those photos to others and posted photos on social media sites. Shortly after the murder, Ross attempted to sell the pistol to an acquaintance.

When forensic examiners were able to search King’s Android phone, several messages, photographs, and relevant Internet searches were recovered as evidence. King took photos of the stolen Jeep and messaged with others in an attempt to sell the Jeep to obtain sufficient money to make his own car payment on his Silver Pontiac Grand Prix before it would be repossessed.

Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for just under three hours before returning the guilty verdicts to U.S. Chief District Judge Greg Kays, ending a trial that began Monday, Feb. 12, 2018.

Under federal statutes, King and Ross each face mandatory life imprisonment. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorneys Jess E. Michaelsen and Patrick C. Edwards. It was investigated by the Kansas City, Mo., Police Department and the FBI.

Source: United States Attorneys General

Headline: Twin Falls Man Sentenced to Federal Prison for Gun Crime

BOISE – Dale Wayne Jensen, 48, of Twin Falls, Idaho, was sentenced today to 16 months in prison by Chief U.S. District Court Judge B. Lynn Winmill, U.S. Attorney Bart M. Davis announced.

Jensen was indicted by the federal grand jury on June 15, 2017, for the crime of unlawful possession of firearms by a felon.  Jensen pleaded guilty on November 28, 2017.  The crime occurred on March 14, 2017, when Twin Falls County Sheriff’s Deputies served a search warrant at Jensen’s residence.  During the search of Jensen’s residence, police found five firearms, and approximately eight pounds of marijuana and marijuana concentrate.  Jensen admitted that the firearms were his and he was manufacturing marijuana concentrate.  Marijuana concentrate is a powerful substance that may look like wax.  It is made by extracting THC (tetrahydrocannabinol), the psychoactive chemical in marijuana, from the marijuana.  Jensen was prohibited from possessing the firearms because of his prior felony conviction for possessing controlled substance in Twin Falls, Idaho, on October 18, 2002.

Judge Winmill also ordered Jensen to serve three years of supervised release upon his release from federal prison. 

The case was investigated by the Twin Falls County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Source: United States Attorneys General

Headline: Houston Man Indicted by Federal Grand Jury for Cyber Attack on Los Angeles County Superior Court

          LOS ANGELES – A federal Grand Jury has indicted Oriyomi Sadiq Aloba, 32, of Houston, Texas, on multiple counts of unauthorized impairment of a protected computer, unauthorized access to obtain information and aggravated identity theft for a multi-stage phishing attack on the Los Angeles County Superior Court (LASC) computer system.

          According to the indictment, over the course of a week in late July 2017, Aloba used the stolen username and passwords of multiple LASC employees to log into the LASC servers and send phishing e-mails to e-mail addresses outside the LASC system, as well as to send test e-mails to himself to test the security features and ensure full access to the account. The phishing e-mails included an e-mail purporting to be a communication from American Express that led to a webpage that asked victims to provide their American Express login credentials, personal identifying information, and credit card information. The link for the fake American Express website used a source code that designated Aloba’s account as the delivery address for the information that the victims input into the website.

          In total, Aloba allegedly accessed at least 18 different LASC employee accounts and sent out approximately 2 million phishing e-mails.

          A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.

          If Aloba is found guilty of the charged offenses, he would face a maximum sentence of 17 years in prison –10 years for unauthorized transmission, 5 years for the unauthorized accessing a protected computer, and 2 years for the identity theft.

          The matter was investigated by the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorney Robyn Bacon of the Cyber and Intellectual Property Crimes Section, National Security Division.