U.S. Attorney Trini Ross announced that 51-year old James Tracy received child pornography images, solicited a minor to send him images, and engaged in sexual contact with an underage victim.
Investigators conducting a forensic review of Tracy’s electronics discovered 51 images of child pornography, some which included depictions of violence.

Prior to this investigation, in February 1995 and March 2001, Tracy was convicted of First Degree Sexual Abuse and First Degree Attempted Sexual Abuse. In each of the prior cases, both victims were under the age of 18.

U.S. District Judge Richard Arcara sentenced Tracy to serve 275 months in prison.

The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino; the New York State Police, under the direction of Major Eugene Staniszewski; and the Jamestown Police Department, under the direction of Chief Tim Jackson.

Assistant U.S. Attorney Laura A. Higgins stated that beginning in early 2016, the Mercado served as one of the primary mid-level distributors of heroin and cocaine for the Sigfredo Martinez drug organization. Mercado admitted that he was responsible for the “night shift” transactions, and stated that his co-defendant, Bryan Ferrer-Vazquez, distributed during the “day shift.”

The defendant admitted that he received a couple hundred bundles of heroin from Martinez every few days and was tasked with distributing it to smaller dealers and users. Mercado said he would then turn over the proceeds to Martinez and take payment for his role in the distribution. The defendant also directed co-defendant Ferrer-Vazquez to distribute heroin to specific customers and would collect the proceeds earned by Ferrer-Vazquez on behalf of Martinez. During this period of time, Mercado occasionally worked with other uncharged co-conspirators to process bulk quantities of heroin and repackage it for retail sale.

Between November 3, 2016, and March 2, 2017, the Drug Enforcement Administration conducted four controlled purchases of heroin with the defendant. On April 6, 2017, federal search warrants were executed at 385 Buffalo Street, the residence of Ferrer-Vazquez, and 32 Duquesne Street, the residence of Sigfredo Martinez. At each location, law enforcement officers seized numerous ledgers and paper records of drug transactions. A federal search warrant was also executed at Mercado’s residence at 1083 North Main Street in Jamestown where approximately 10 ounces of marijuana and several suboxone strips were recovered.

Ferrer-Vazquez was previously convicted and is awaiting sentencing. Charges remain pending against Martinez.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Jamestown Police Department, under the direction of Chief Harry Snellings, and the Southern Tier Regional Drug Task Force.

(Image from WIVB)

(MEDIA RELEASE FROM U.S. ATTORNEY’S OFFICE)

BUFFALO – Acting U.S. Attorney James P. Kennedy, Jr. announced Wednesday former City of Dunkirk Mayor Richard L. Frey, 85, of Dunkirk, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to wire fraud involving a scheme to defraud his mayoral campaign and his supporters by stealing campaign contributions for his personal benefit. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney John D. Fabian and Department of Justice Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section, who are handling the case, stated that the defendant was the City of Dunkirk mayor from January 2002 until January 2012. During that time, Frey had substantial personal debt.

From January 2003, to June 2012, the defendant devised and executed a scheme to defraud the co-owners of a hospitality company that owned a hotel in Dunkirk and the owner of a food production company in Dunkirk by inducing them to make contributions to his mayoral and other political campaigns. After receiving checks from these individuals, Frey, rather than depositing the funds into a campaign or official account, simply spent them for his own personal benefit. The contributions totaled $54,361.30. In addition, Frey failed to report or disclose the contributions on his campaign disclosure reports, which is required of local candidates for public office.

The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the U.S. Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Brad Geary.

Sentencing is scheduled for May 11, 2017, at 1 p.m. before Judge Arcara.

Standing in front of the Robert H. Jackson United States Courthouse in Buffalo, (From L-R): Peggy Morgan, Jennifer Champ, James C. Johnson, Deb Pacos, Carol Drake, Tom Loftus, John Barrett, Father Moritz Fuchs, Honorable Joseph Gerace, Doug Neckers, John Anderson, Randy Sweeney, Greg Peterson (Photo courtesy of Jackson Center)

BUFFALO – A Chautauqua County country lawyer who ascended all the way to a seat on the Supreme Court has received would could be his most important recognition to date.

On Monday, more than 200 guests – including representatives of the federal and local governments, courts and legal community – gathered for the formal naming of the Robert H. Jackson Federal Courthouse in Buffalo.  The facility was named in honor of the Supreme Court Justice and U.S. Chief Prosecutor at Nuremberg who was raised in Frewsburg and got his start practicing law her in Jamestown.

The Honorable William M. Skretny, Chief U.S. District Judge for the Western District of New York, presided at the ceremony, as The Honorable Richard J. Arcara welcomed the attendees.

According to Greg Peterson, Jackson Center co-founder, the effort to name the courthouse for Jackson had its beginning in March 2008, with an editorial comment in the Buffalo News that suggested the new federal courthouse be named for the late U.S. Supreme Court Justice.

Peterson thanked several supporters, including former State Assemblyman Rolland Kidder, former Lieutenant Governor Stan Lundine, Jackson scholar John Q. Barrett and Congressman Brian Higgins – who each helped to ensure the courthouse would be named in honor of Jackson.