BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 23-count indictment charging four defendants with conspiracy to distribute one kilogram or more of heroin and 400 grams or more of fentanyl. Charged in the conspiracy are: • Robert Moore, a/k/a Fonz, a/k/a Charmy, 39 of Williamsville, NY; • Reese Moore, a/k/a Detroit, 25 of Buffalo; NY • Kevin Abernathy, a/k/a B, 31 also of Buffalo; and • Joshua Levine, 21 of Lancaster, NY.

1. OLIVERKIMMONS
a/t/aOlTiea/k/aAJ.i
rN rm DrsrRlcr co(1Rr oF rm uvlzqR#mHil
APR I 2 2018
for the Westem Distict of New Yotk
OCTOBER2Ol5GRAND JURY
(Impaneled lO / 28 / 2016)
Violations:
Title 21, United States Code,
Sections 841(aXl), 846 atd 856(aXl);
Title 18, United States Code,
Sections 1591(a) and 159lOXl)
(14 Counts and Forfeiture Allegation)
couNT I
(Conspiracy to Distdbute Heroin anil Fentanyl)
The Grand Jury Charges That:
Beginning in or before June 2013 and continuing to in or about April 2016, the exact
dates being unknown, in the western District of New York, and elsewhere, the defendant,
oLMR KIMMONS alkla olhe alwa AJi, did knowingly, willfully and unlawfi.tlly
combine, conspire and agree with others, known and unknown, to commit the following
offenses, that is, to possess with intent to distribute, and to distribute, a quantity ofheroin, a
Schedule I controlled substance, and a quantity offentanyl, a Schedule II controlled substance
in violation of Title 21, United States Code, Section 841(a)(1).
AII in violation of Title 21, United States Code, Section &46.
SECOND
TIIE TINTIED STATES OF AMERICA SIJPERSEDING INDICTMENT
lGCR-63-V
-ts-

2. COUNT2
@ossession of Eeroin and Fentanyl with Ilteat to Distribute)
The Grand Jury Further Charges That:
Beginning in or before June 2013 and continuing to in or about Aprn 20ft, the exact
dates being untnown, in the Western District of New York, the defendant, OLfVER
KIMMONS a/Wa Ollie alk/a AJi, did knowingly, intentionally and unlawfully possess
with intent to distribute a quantity ofheroin, a Schedule I controlled zubstance, and a quantity
of fentanyl, a Schedule II controlled substance.
AII in violation ofTitle 21, United States Code, Sectioa 8af(a[f).
COL]NT3
(Distribution of Fentanyl Causing Death)
The Grand Jury Further Charges That:
On or about January 30, 2015, in the Westem District of New York, the defendant,
OLIVER KIMMONS a/WaOllie alk/a AJi, did knowingly, intentionally, and unlawfully
possess with the inteat to distribute, and distribute, a quantiry of fentanyl, a Schedule II
controlled substance, and the death of H.C., a person tnown to the Grand Jury, resulted from
the use of such substance.
AII in viotation of Title 21, Uaited States Code, Secrions 841(a)(l) and S4lOXf XC),
and Title 18, United States Code, Section 2.
2

3. COUIII4
@ossession of Fentanyl with Intent to Distribute)
The Grand Jury Further Charges That:
On or about March 10, 2015, in the Westem District of New York, the defendant,
OLIYER KIMMONS a/k/a Ollie a/k/a AJi, did knowingly, intentionally and unlawfully
possess with intent to distribute a quantity of fentanyl, a Schedule II controlled substance.
AII in violation ofTitle 21, United States Code, Section 8a1(a[f).
COUNT5
@ossession of Eeroin with Intent to Distribute)
The Grand Jury Further Charges That:
On or about March 10, 2015, in the Westem District of New York, the defendant,
OLMR KIMMONS a/k/a Ollie a/k/a Ali, did knowingly, intentionally and unlawfully
possess with intent to distribute a quantity of heroin, a Schedule I controlled substance.
AII in violation of Title 21, Urited States Code, Section Ml(aXf).
couNT6
@ossessioa of Cocaine with Intert to Distribute)
The Grantl Jury Further Charges That:
On or about March 10, 2015, in the Westem District of New York, the defendant,
OLMRKIMMONS a/k/a Ollie alUa Ali, did knowingly, intentionally and unlawfully
possess with intent to distribute a quantity ofcocaine, a Schedule [I controlled substance.
AII in violation ofTitle 21, United States Code, Section 841(a)(1).
3

4. COI,JNTT
(Maintaining a Drug-Involved Premises)
The Grand Jury Further Charges That:
From in or about February 2015 and continuing to in or about April 2016, t}re exact
dates being unknown, in the Westem District of New York, the defendant, OLMR
KIMMONS alUa Ollie a/k/a AJi, did knowingly, intentionally and unlawfully use and
maintain a place, that is, the premises at 587 Evergreen, Lockport, New York, for the purpose
of manufactr.rring, distributing and using fentanyl and cocaine, both Schedule II controlled
substances, and heroin and marijuana, both Schedule I controlled substances.
AII in violation ofTitle 21, United States Code, Section 856(aXl).
COUNTS
@ossessiol with Int€nt to Distribute, and Distritution of, Fentaayl)
The Grand fury Further Charges That:
On or about February 5,2016, in the Westem District of New Yor the defendant,
OLMR KIMMONS a/k/a Ollie a/kla AJ| did knowingly, intentionally and unlawfully
possess with intent to distribute, and distribute, a quantity offentanyl, a Schedule II controlled
substance.
All in violation of Title 21, Uaited States Code, Section 841(a[1).
4

5. CO 9
(Maiataining a Drug-Involved Premises)
The Grand Jury Further Charges That:
From in or about January 2016, the exact date being unknown, and continuing to on
or about February 5, 2016, in the Westem District of New York, the defendant, OLMR
KIMMONS a/k/a Ollie, a/Wt AJi, did knowingly, intentionally and unlawfully use and
maintain a place, that is, the premises at 6559 Lincoln Place, Lockport, New York, for the
purpose of manufacnrring, distributing and using heroin and marijuana, Schedule I controlled
substances.
AII in violation ofTitle2l, United States Code, Section 856(a)(l).
COUNT IO
(Sex Trafficting by Force, Fraud or Coercion)
The Grand Jury Further Charges That:
From in or about November 2015 and continuing through in or about April 2016, the
exact dates being unknown, in the Westem District of New York, and elsewhere, the
defendant, OLMR KIMMONS a/k/a OlTie alAa AJi, did knowingly, in and affecting
interstate commerce, recnrit, entice, harbor, transport, provide, obtain, advertise, maintain,
patrorize, and solicit by any means, Victim l, a person known to the Grand Jury, and did
benefit financially and by receiving anything of value from participation in a venture which
has engaged in such acts, knowing and, except where the act constituting the violation is
advertising, in reckless disregard of the fact that means of force, Ihreats of force, fraud,
5

6. coercion, and a combination of such means, would be used to cause Victim 1 to engage in a
commercial sex act.
All in violation of Title 18, United States Code, Sections 1591(a) and 1591OXl),
COI'NT 1I
(Sex Trafrcling by Force, Fraud or Coercioa)
The Grand Jury Further Charges That:
From in or about June 2013 and continuing through in or about April 2016, the exact
dates being unknown, in the Western District of New York, and elsewhere, the defendant,
OLfVER KIMMONS a/kla Ollie a/k/a AJi, did kaowingly, in and affecting intersrate
commerce, recruit, entice, harbor, transport, provide, obtain, advertise, maintain, pauonize,
and solicit by any means, Victim 2, a person known to the Grand Jury, and did benefit
financially and by receiving anything of value from participatioa in a venture which has
eagaged in such acts, knowing and, except where the act constituting the violation is
advenising, in reckless disregard of the fact that means of force, threas of force, fraud,
coercion, and a combination of such means, would be used to cause Victim 2 to engage in a
commercial sex act.
AII in violation ofTitle 18, United States Code, Sections l59l(a) and f59f@Xf).
6

7. COUNT12
(Sex Trafficking b5r Force, Fraud or Coercion)
The Grand Jury Further Charges That:
From in or about June 2013 and continuing through in or about April 2016, the exact
dates being unknown, in the Westem District of New York, and elsewhere, the defendant,
OLMR KIMMONS a/k/a Ollie alk/a Ni, did knowingly, in and affecting interstate
commerce, recruit, entice, harbor, transport, provide, obtain, advertise, maintain, patoruze,
and solicit by any means, Victim 3, a person known to the Grand Jury, and did benefit
financially and by receiving anything of value from participation in a venture which has
engaged in such acts, knowing and, except where the act consdturing the violation is
advertising, in reclless disregard of the fact that means of force, threats of force, fraud,
coercion, and a combination of such means, would be used to cause Victim 3 to engage in a
commercial sex act.
AII in violation ofTitle 18, Uniteal States Code, Sections f59f(a) and 159f@)(f).
C l3
(Sex Trafficlrrng by Force, Fraud or Coercion)
The Grand Jury Further Charges That:
From in or about 2013 and continuing through in or about April 2016, the exact dates
being unknown, in the Westem District of New York, and elsewhere, the defendant,
OLIYER KIMMONS alWa Ollie a/k/a AJi, did knowingly, in and affecting interstate
coflrmerce, recruit, entice, harbor, transport, provide, obtain, advertise, maintain, pafroarze,
and solicit by any means, Victim 4, a person known to the Grand Jury, and did benefit
7

8. financially and by receiving anything of value from participation in a venture which has
engaged in such acts, knowing and, except where the act constituting the violation is
advertising, in reckless disregard of the fact that means of force, threats of force, fraud,
coercion, and a combination of such means, would be used to cause Victim 4 to engage in a
commercial sex act.
Atl in violation ofTitle 18, United States Code, Secrions 159f(a) and f59f@)(f).
CO t4
(Sex Trafficking by Force, Fraud or Coercion)
The Grand Jury Further Charges That:
From in or about Jvte 2014 and continuing through in or about January 2016, the
exact dates being unknown, in the Western Distria of New York, and elsewhere, the
defendant, OLMR KIMMONS alWa Ollie alk/a AJi, did knowingly, in and affecting
interstate collmerce, recnrit, entice, harbor, transpon, provide, obtain, advertise, maintain,
patronize, and solicit by any means, Victim 5, a person known to the Grand Jury, and did
benefit financially and by receiving anything of value from panicipation in a venture which
has engaged in such acts, knowing and, except where the act constituting the violation is
advertising, in reckless disregard of the fact that means of force, threats of force, fraud,
coercion, and a combination of zuch means, would be used to cause Victim 5 to engage in a
commercial sex act.
All in violation ofTitle 18, Urited States Code, Sections 1591(a) and fsgf(bxl).
8

9. FIRST FORFEITT]RE ALLEGATION
(Controlled Subst^nce Proceeds)
The Graad Jury Alleges That:
Upon his conviction of any of Couns I through 9 of this Second Superseding
Indictment, the defendant, OLfVER KIMMONS a/W a Ollie a/k/ a AJi, shall forfeit ro rhe
United States any and all property constituting and derived from any proceeds obtained,
directly and indirectly, as a result of zuch violations and any and all property used, and
intended to be used, in any manner and part, to commit and to facilitate the commission of
such violations, including, but not limited to:
MONETARYSUMS:
The sum of two thousand, six hundred and eighty dollars ($2,680)
United States currency, surrendered to officers by KIMMONS durilg a
vehicle stop in the vicinity of 30252 Lockport Olcott Road, Newfane,
New York on July 3, 2014;
The sum of seven hundred dollars ($700) United States currenry, seized
by officers during a search warrant executed at 622 Walnut Sffeet,
Lockport, New York on February 12,2015; and
The sum of one hundred sixty-seven dollars ($167) United States
currency, seized by officers from KIMMONS' pocket during a traffic
stop at South Transit Road, Lockport, New York on February 5,2016;
and
The sum of one thousand sixty-three dollars ($1,063) United States
currency, seized by officers during a search warant executed at 6559
Lincoln Place, Lockport, New York on February 5,2016.
AII pursuant to Title 21, United States Code, Sectioas 853(aX1) aad 853(a)(2).
a
b
d

10. SECOND FORFEITTJRE ALLEGATION
(Sex Traffi cking Proceeds)
The Grand Jury Further Alleges That:
Upon his conviction of any of Counts l0 through 14 of this Second Superseding
Indictrnent, the defendant, OLIYER KIMMONS a/k/a OlTie a/k/a AJi, shall forfeit to the
United States any and all property constituting or derived from any proceeds obtained,
directly and indirectly, as a result of such violations or any property traceable to such property
or any property used, and intended to be used, in any manner and part, to commit and to
facilitate the commission of such violations, including, but not limited to:
MOIYETARYSUMS
The zum of two thousand, six hundred and eighty dollars ($2,680)
United States crurency, surrendered to officers by KIMMONS during a
vehicle stop in the vicinity of 30252 Lockport Olcott Road, Newfane,
New York on July 3, 2014;
The sum of seven hundred dollars ($700) Unitea States currency, seized
by officers during a search warrant executed at 622 Walnut Sffeet,
Lockport, New York on February 12,2015; arld
The sum of one hundred sixty-seven dollars (9167) United States
currency, seized by officers from KIMMONS' pocket duriag a traffic
stop at South Transit Road, Lockport, New York on February 5,2016;
and
b
c.
10
a.

11. The sum of one thousand sixty-three dollars ($1,063) United States
curency, seized by officers during a search warrant executed at 6559
Lincoln Place, Lockport, New York on February 5,2016.
All pursuant to Title 18, United States Code, Secion 1594(d).
DATED: Buffalo, New York, April 12, 2018.
JAMES P. KENNEDY, JR.
United States Attomey
BY: S/MEGIIANA. TOKASH
Assistant United States Attomey
United States Attomey's Office
Westem District of New York
138 Delaware Avenue
Buffalo, New York 14202
7t6/U3-5860
Meghan.Tokash@usdoj. gov
A TRUE BILL:
S/FOREPERSON
d
11