U.S. Attorney’s office collects approximately $11-million dollars in civil and criminal actions in fiscal year 2023

BUFFALO, NY - U.S. Attorney Trini E. Ross announced today that the Western District of New York collected $10,990,785.85 in criminal, civil and forfeiture actions in Fiscal Year 2023. Of this amount, $3,245,581.30 was collected in criminal actions, $4,374,170.95 was collected in civil actions, and $3,036,996 was collected in forfeiture actions. As a result, over $3,224,551.24 was given to victims of crime in the past year, while $1,712,236.00 was provided as aid to state and local law enforcement agency partners who worked with the United States Attorney’s Office on criminal cases.

In making the announcement, U.S. Attorney Ross specifically credited the work done by the Asset Recovery Division, under the leadership of Chief Kevin D. Robinson and Deputy Chief Grace Carducci. “My Office continues to focus on crime prevention, protecting the rights of all victims and collecting restitution and monetary penalties,” stated U.S. Attorney Ross. “We live in a time where victimization crimes against vulnerable people, including children and the elderly, are on the rise. With advancements in technology and the use of social media, my office has devoted considerable time and resources towards adjusting our efforts to stay ahead of the perpetrators. Our goal is to make sure that those committing crimes do not become unjustly enriched from their illegal actions and to make the victims whole.”

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

In addition to recovering funds, 27 dangerous firearms and 253 rounds of ammunition were forfeited in FY 2023 as instrumentalities of criminal conduct in drug and violent gang cases. Thirty-one computers and electronic media devices—most related to child exploitation cases—were also forfeited.

The following cases are examples of successful forfeiture and affirmative civil enforcement cases concluded this past year in the Western District of New York:

•  US v. 421 Lake Road, Webster, NY - The USAO filed a verified civil forfeiture complaint against 421 Lake Road, in Webster, as property of value traceable to proceeds furnished in exchange for a controlled substance, as well as property used or intended to be used to facilitate the commission of narcotics trafficking violations. As a result of a settlement agreement, the owner agreed to forfeit the defendant real property to the Government, as well as seized assets, valued at approximately $2,284,003.10.

•  US v. 399 Whispering Pines Circle, Greece, NY - The USAO filed a verified civil forfeiture complaint against 399 Whispering Pines Circle, in Webster,  as property of value traceable to proceeds furnished in exchange for a controlled substance. The owner is alleged to have conspired with others known and unknown, to possess with intent to distribute and to distribute Schedule II controlled substances, specifically cocaine and fentanyl, in the greater Rochester area. As a result of a settlement agreement, the District Court ordered the forfeiture of the defendant real property to the Government. The net equity value of the real property is valued at approximately $119,000.

•  US v. Darnell Manning - The defendant conspired with others known and unknown, to possess with intent to distribute and to distribute Schedule II controlled substances, specifically cocaine and fentanyl, in the greater Rochester area. Manning pleaded guilty and agreed to forfeit over $447,824.00 in seized assets, including United States currency, jewelry, a vehicle, two firearms and rounds of seized ammunition. 

•  United States ex rel. DeGroat v. Beyond Reps, Inc. et al. - Beyond Reps, Inc. d/b/a IronRod Health and Cardiac Monitoring Services has agreed to pay $673,200.92 to resolve allegations arising under the False Claims Act that they submitted false claims to federal health care programs relating to remote cardiac monitoring services. IronRod is a healthcare solutions company with headquarters in Phoenix, Arizona. IronRod provides remote cardiac monitoring services, among other services. The Government alleged that between January 1, 2018 and April 30, 2021, IronRod utilized technicians who lacked required credentials to conduct remote cardiac monitoring readings. The government also alleged that between June 1, 2018 and August 20, 2018, IronRod misrepresented that it performed services in New York State in order to obtain higher reimbursements from Medicare for remote cardiac monitoring services.

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