Federal Grand Jury Returns Superseding Indictment Charging Eights Defendants In Drug Trafficking Ring Stretching Across The United States

BUFFALO - N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 22-count Superseding Indictment charging David Burgin, David Washington a/k/a Dirty Dave a/k/a Dirt a/k/a Wavy Davey a/k/a Brick Boy Dave, Eleazar Martinez Medina, Rodney Pierce, Torrance Bailey a/k/a Bird, Sherron Kye, Devante Nance a/k/a V-Dutch, and Devon Clark a/k/a Booski, with conspiring to possess with intent to distribute, and distributing, controlled substances, including five kilograms or more of cocaine, one kilogram or more of heroin, 400 grams of fentanyl, 280 grams or more of cocaine base, 100 grams or more of fentanyl analogues, and marijuana. Several defendants are also charged with possession with intent to distribute these same controlled substances and maintaining premises for the purposes of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life in prison. Defendants Burgin and Pierce also face an additional consecutive five-year sentence for possessing firearms in furtherance of drug trafficking.

Assistant U.S. Attorneys Timothy C. Lynch and Laura A. Higgins, who are handling the case, stated that according to the Superseding Indictment, the defendants were involved in a drug trafficking ring that stretched from California to Buffalo and involved cocaine, crack cocaine, fentanyl analogues, and fentanyl being transported to the Buffalo, NY area for distribution and sale.

During the course of the investigation, search warrants were executed at 12 residences, and investigators seized $1,405,327 in United States currency in Buffalo and California. In addition, investigators seized:

• six firearms;

• 3.63 kilograms of fentanyl;

• 2.97 kilograms of cocaine;

• 309 grams of fentanyl analogues;

• 893 grams of heroin; and

• 268 grams of crack cocaine;

• six concealed traps—many of which were hydraulically operated;

• scales and drug packaging materials.

The superseding indictment also seeks the forfeiture of multiple firearms, ammunition, and the financial proceeds of the drug trafficking conspiracy.

The indictment and criminal complaint are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Erie County Sheriff’s Office, under the direction of Sheriff Tim Howard; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher.

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.

City of Buffalo Employee Pleads Guilty to Stealing Thousands of Dollars from Parking Meters

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Lawrence Charles, 40, of Buffalo, New York, pleaded guilty to stealing $15,000 from the city of Buffalo, a governmental agency which receives federal funding. The guilty plea, which occurred before U.S. District Judge Richard J. Arcara, carries a maximum penalty of 10 years in prison, a fine of $250,000, or both. The defendant also is required to pay restitution.

Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant was employed by the city of Buffalo for approximately 17 years. In 2007, Charles began working as a parking meter mechanic for the city. In this capacity, Charles was responsible for repairing defective parking meter machines but was not authorized to collect any money deposited into the machines.

Commencing in April 2007 and continuing through December 2011, instead of repairing the machines for which he was responsible, Charles systematically utilized his position to steal money that was inserted into the parking meters machines. On some occasions, the defendant rigged parking meters in order to make the money easier to access and steal. The government stated that its evidence could establish the defendant stole approximately $15,000 in the time frame of his repair duties. Charles secreted the quarters in parking enforcement envelopes and other containers inside his city of Buffalo vehicle. The defendant then removed the money at the end of his shift.

In 2011, the city of Buffalo’s Department of Parking Enforcement initiated a review of parking meters after suspecting that quarters were being stolen from the meters. This review determined that the metal guides that direct the quarters into the lower compartment of the meters were damaged, resulting in some quarters remaining in the upper compartment. This made the quarters accessible to the mechanics who otherwise would not have had access to the coins. Subsequently, video surveillance was conducted that showed that the defendant stole quarters from the meters on a daily basis.

The defendant was arrested in December 2011, along with another employee who was also employed a parking meter mechanic. Similar charges against that employee are pending. 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.

“This defendant may have thought he was just robbing quarters,” said U.S. Attorney Hochul. “But, in fact, he was stealing the public’s trust. Our office, along with our law enforcement partners, will continue to root out public corruption wherever it occurs.”

The arrests are the culmination of an investigation on the part special agents from the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

Sentencing is scheduled for December 11, 2012, at 12:30 p.m. before Judge Arcara.

Buffalo Man Sentenced on Fraud Charges

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Dwayne Ferguson, 33, of Buffalo, New York, who was convicted of wire fraud, was sentenced to four years in prison by Chief U.S. District Judge William M. Skretny. The defendant was also ordered to pay $630,000 in restitution.

Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant is the former owner and operator of Intihar Recovery of New York, an automobile rental, repossession, storage, and towing services business. Ferguson fraudulently obtained money from Nissan Motor Acceptance Corporation, Toyota Financial Services, BMW Financial Services, GMAC Financial Services, and Ford Motor Credit to finance the purchase of motor vehicles for his business. The defendant submitted false and misleading documentation to those lending institutions indicating that his business was credit worthy when, in fact, the business had very few assets and had significant liabilities. The total loss to all the victim businesses was $1,110,937.

The sentence imposed by Judge Skretny will be served following the three-and-a-half- to seven-year New York State sentence Ferguson is currently serving following his conviction on charges of possession of a forged instrument and attempted grand larceny.

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the New York State Department of Motor Vehicles, under the direction of Director Owen McShane; the New York State Department of Taxation and Finance, Criminal Investigations Division, under the direction of Commissioner Thomas Mattox; the New York State Department of Financial Services, Criminal Investigations Division, under the direction of Superintendent Benjamin Lawsky; and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota.

Buffalo Police Officer and Co-Conspirator Arrested, Charged with Operating a Large-Scale Marijuana Grow Operation

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Jorge Melendez, 41, and Jason Elardo, 42, both of Buffalo, New York, were arrested and charged by criminal complaint with conspiracy to manufacture more than 100 marijuana plants, maintaining a premises for manufacturing marijuana, and manufacturing more than 100 marijuana plants. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years, a fine of $4,000,000, or both.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the criminal complaint, Melendez, a Buffalo Police officer, owns a warehouse at 2157 South Park Avenue in Buffalo. During the course of an investigation into the cultivation and distribution of marijuana, law enforcement officers installed hidden surveillance equipment on the second floor of the warehouse where a grow operation was located. According to the complaint, Melendez and co-conspirator Elardo were observed tending to over 100 marijuana plants.

Prior to installing cameras inside the warehouse, officers monitored the outside of the building, also using surveillance cameras. According to the complaint, Melendez was observed arriving in a Buffalo Police patrol car, while on duty, and entering and exiting the location. The defendant works in the Buffalo Police Department’s “D” District; however, the warehouse is located in the “A” District.

The outside surveillance cameras also observed defendant Elardo entering the warehouse on a daily basis to tend to the marijuana grow operation. In addition, officers obtained credit card information indicating that Elardo purchased equipment used to sustain an indoor, hydroponic marijuana grow operation. The equipment included a dehumidifier and filters.

At one point during the investigation, officers observed a police badge and credentials belonging to Melendez inside the warehouse. According to the complaint, Melendez claimed to have previously lost the badge and identification.

“Police officers are sworn to protect the public and uphold the law,” said U.S. Attorney Hochul. “It is particularly disturbing when an officer breaks the law he has sworn to uphold. This defendant chose to not only commit a crime, he did so, at times, in uniform and when he was supposed to be patrolling the streets of the city, protecting its citizens. Our office will not only act to stop illegal narcotics trafficking, we will not tolerate public corruption of any kind.”

The criminal complaint is the culmination of an investigation on the part of Investigators of the New York State Police, under the direction of Major Christopher Cummings; the Drug Enforcement Administration, under the direction of Wilbert L. Plummer, Acting Special Agent in Charge, New York Field Division; special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota; and the Buffalo Police Department under the direction of Commission Daniel Derenda.

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

Buffalo Man Pleads Guilty to Possession of Child Pornography

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Daniel Alex Rozbicki, 24, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara, to possession of child pornography. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000, or both.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in September 2008, the defendant possessed a computer containing images and videos of child pornography. After a search of his residence on September 26, 2008, Rozbicki admitted to agents that he had been viewing and downloading child pornography for approximately three years. The defendant indicated that he obtained the images and videos over the Internet using a file-sharing program. A forensic analysis of the computer revealed a total of 21 images and 40 videos of child pornography were stored. Some of the images depicted minors less than 12 years old. Some of the images also contained violence.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The plea is the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota, and detectives of Buffalo Police Department under the direction of Police Commissioner Daniel Derenda.

Sentencing is scheduled for January 30, 2012 at 12:30 p.m. EST, in Buffalo, NY in front of U.S. District Judge Richard J. Arcara.

New York City Man Sentenced for Harassing Call to Paladino Campaign Headquarters

Whether accidents or arson, these heroes risk their lives daily to keep your community safe.  Read their stories in the best firefighter books on the web.

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Miles J. Fisher, 63, of New York City, who was convicted of making a harassing and threatening telephone call, was sentenced to six months home detention and one year supervised release by Chief U.S. District Court Judge William M. Skretny.

Assistant U.S. Attorney Robert C Moscati, who handled the case, stated that the defendant placed a call to the “Paladino for the People” campaign headquarters in the Ellicott Square Building on April 13, 2010. According to the person who answered the telephone, Fisher made harassing and threatening statements, including a declaration that the defendant was going to “bomb all of you.” The campaign worker reported the threat to 911, and the Buffalo Police and Buffalo Fire Department thereafter ordered that building’s 700 occupants be evacuated.

“This incident required that dozens of first responders be called to the scene and the evacuation of hundreds of people,” said U.S. Attorney Hochul. “Our office takes very seriously such threats which resulted in the disruption of a workday for employees in a number of businesses.”

The sentencing is the culmination of an investigation on the part of the Joint Terrorism Task Force, which includes special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Christopher M. Piehota, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.

Police History, Korea and Community Relations

January 2, 2008 (San Dimas, CA) Police-Writers.com is a website that lists state and local police officers who have written books. Police officers who have written on history and community policing were added to the website.

Todd L. Shulman is a seven-year member of the Napa Police Department, (California) currently serving as a detective. An avid historian, Todd Shulman founded the Napa Police Historical Society in 2006 and has culled their archives for many of the photographs included in his book, Napa County Police. According the book description of Napa County Police, “with dazzling vintage imagery and rich historical text, Todd Shulman tells the tale of policing Napa County - from the Wild West days of the 1850s, through the boom era of the 1940s, and into the 21st century.”

Alfred F. McDonald, a retired Buffalo Police Department (New York) Lieutenant, was born and raised in Buffalo, New York. He served his country in the United States Navy during World War II from 1944 – 1947, was placed on inactive reserves and was called back to duty during the Korean Conflict in 1950. He served in the Navy again from late in 1950 through 1952. After being honorably discharged from the Navy, Alfred McDonald returned to civilian life as a husband and father. Having been brought up with strong family values and work ethic, Al worked hard at the railroad as a brakeman, until becoming a police officer in 1956. From there, Al’s career flourished and he advanced until reaching his retirement rank of Lieutenant. Alfred McDonald is the author of Korea ‘Operation War Dance.’

According to the book description, Korea – Operation War Dance is “one man’s personal account of shipboard life of the men on the U.S.S. Silverstein. It’s about being under attack, living conditions on the ship, every aspect of a sailor’s life during the time period; and, is a tribute to the brave men and women who served their country during the Korean Conflict.”

Rick Braziel has been a member of the Sacramento Police Department for 28 years, and a Deputy Chief since 2002. In December 2007, he was appointed as chief of police of the Sacramento Police Department. He is a second generation police officer with his father Dick serving the Department for over 20 years. Rick Braziel consults and instructs for Humboldt State University in Teambuilding, Communication Skills, and Leadership. He received his Bachelor of Arts and Master of Arts degrees in Communication from California State University, Sacramento.

In 2006, Rick Braziel received a Master of Arts in Security Studies (Homeland Security and Defense) from the U.S. Naval Postgraduate School. Rick is also a 2002 graduate and class spokesperson of the California Peace Officer Standards and Training (P.O.S.T.) Command College; and 2004 graduate of the Police Executive Research Forum’s (P.E.R.F.) Senior Management Institute for Police.

Rick Braziel is co-author of the book titled COP Talk: Essential Communication Skills for Community Policing.

According to Kevin Brown, of Montana State University-Northern, in the American Communication Journal, “In this text for police officers the authors lay out the basics of the communication process with helpful vignettes derived from actual police experience to illustrate the principles. The authors lead the reader through a tour of contemporary communication contexts. The authors start with interpersonal communication and cover work groups, public speaking, community meetings, problem solving, network building and finally, public relations. The book is written for a beginning communication student and reflects an understanding that many police officers have had no formal communication training.”

Police-Writers.com now hosts 820 police officers (representing 367 police departments) and their 1731 law enforcement books in six categories, there are also listings of United States federal law enforcement employees turned authors, international police officers who have written books and civilian police personnel who have written books.