Case 1:17-cr-00055-LJV-HKS Document 52 Filed 04/12/18 Page 1 of 12

IN THE DISTRICT COURT OF THE UNITED STATES

for the Western District of New York

____________________

OCTOBER 2016 GRAND JURY

(Impaneled 10/28/2016)

THE UNITED STATES OF AMERICA SUPERSEDING INDICTMENT

17-CR-55-V
-vs-
Violations:
Title 21, United States Code,
ROBERT MOORE a/k/a Fonz Sections 841(a)(1) and 846;
a/k/a Charmy Title 18, United States Code, Section 2
(Counts 1-8, 11-17, 19, 20, 22), (23 Counts and Forfeiture Allegation)
REESE MOORE a/k/a Detroit
(Counts 1, 8-10),
KEVIN ABERNATHY a/k/a B
(Counts 1, 18), and
JOSHUA LEVINE
(Counts 1, 20, 21, 23)

COUNT 1

(Conspiracy to Distribute Heroin and Fentanyl)

The Grand Jury Charges That:

Beginning in or before February 2015, the exact date being unknown, and continuing

to on or about March 16, 2017, in the Western District of New York, and elsewhere, the

defendants, ROBERT MOORE a/k/a Fonz a/k/a Charmy, REESE MOORE a/k/a

Detroit, KEVIN ABERNATHY a/k/a B, and JOSHUA LEVINE, did knowingly,

willfully, and unlawfully combine, conspire, and agree together and with others, known and

unknown, to commit the following offenses, that is, to possess with the intent to distribute,

and to distribute, 1 kilogram or more of a mixture and substance containing heroin, a

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Schedule I controlled substance, and 400 grams or more of a mixture and substance

containing N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide (fentanyl), a Schedule

II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and

841(b)(1)(A).

All in violation of Title 21, United States Code, Section 846.

COUNT 2

(Distribution of Heroin and Fentanyl Causing Serious Bodily Injury and Death)

The Grand Jury Further Charges That:

On or about May 15, 2015, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing heroin,

a Schedule I controlled substance, and fentanyl, a Schedule II controlled substance, and

serious bodily injury to, and the death of, J.J., a person known to the Grand Jury, resulted

from the use of such substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C),

and Title 18, United States Code, Section 2.

COUNT 3

(Possession of Heroin with Intent to Distribute)

The Grand Jury Further Charges That:

On or about November 27, 2015, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

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unlawfully possess with the intent to distribute a substance containing heroin, a Schedule I

controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 4

(Possession of Butyryl Fentanyl with Intent to Distribute)

The Grand Jury Further Charges That:

On or about November 27, 2015, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute a substance containing butyryl fentanyl, a

Schedule I controlled substance analogue as defined in Title 21, United States Code, Section

802(32), knowing that the substance was intended for human consumption as provided in

Title 21, United States Code, Section 813.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 5

(Possession with Intent to Distribute, and Distribution of, Fentanyl)

The Grand Jury Further Charges That:

On or about March 4, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing

fentanyl, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT 6

(Distribution of Heroin and Fentanyl, Causing Serious Bodily Injury and Death)

The Grand Jury Further Charges That:

On or about March 11, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing heroin,

a Schedule I controlled substance, and fentanyl, a Schedule II controlled substance, and

serious bodily injury to, and the death of, S.S., a person known to the Grand Jury, resulted

from the use of such substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C),

and Title 18, United States Code, Section 2.

COUNT 7

(Distribution of Fentanyl Causing Serious Bodily Injury and Death)

The Grand Jury Further Charges That:

On or about March 15, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing

fentanyl, a Schedule II controlled substance, and serious bodily injury to, and the death of,

J.P., a person known to the Grand Jury, resulted from the use of such substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C),

and Title 18, United States Code, Section 2.

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COUNT 8

(Possession with Intent to Distribute, and Distribution of, Fentanyl)

The Grand Jury Further Charges That:

On or about March 17, 2016, in the Western District of New York, the defendants,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, and REESE MOORE a/k/a Detroit, did

knowingly, intentionally, and unlawfully possess with the intent to distribute, and distribute,

a substance containing fentanyl, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C),

and Title 18, United States Code, Section 2.

COUNT 9

(Possession with Intent to Distribute, and Distribution of, Fentanyl)

The Grand Jury Further Charges That:

On or about March 23, 2016, in the Western District of New York, the defendant,

REESE MOORE a/k/a Detroit, did knowingly, intentionally, and unlawfully possess with

the intent to distribute, and distribute, a substance containing fentanyl, a Schedule II

controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT 10

(Possession with Intent to Distribute, and Distribution of, Fentanyl)

The Grand Jury Further Charges That:

On or about March 31, 2016, in the Western District of New York, the defendant,

REESE MOORE a/k/a Detroit, did knowingly, intentionally, and unlawfully possess with

the intent to distribute, and distribute, a substance containing fentanyl, a Schedule II

controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 11

(Possession with Intent to Distribute, and Distribution of, Butyryl Fentanyl)

The Grand Jury Further Charges That:

On or about June 29, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing butyryl

fentanyl, a Schedule I controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 12

(Possession with Intent to Distribute, and Distribution of, Butyryl Fentanyl)

The Grand Jury Further Charges That:

On or about June 30, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

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unlawfully possess with the intent to distribute, and distribute, a substance containing butyryl

fentanyl, a Schedule I controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 13

(Possession with Intent to Distribute, and Distribution of, Butyryl Fentanyl)

The Grand Jury Further Charges That:

On or about July 6, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing butyryl

fentanyl, a Schedule I controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 14

(Possession with Intent to Distribute, and Distribution of, Butyryl Fentanyl)

The Grand Jury Further Charges That:

On or about July 14, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing butyryl

fentanyl, a Schedule I controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT 15

(Possession with Intent to Distribute, and Distribution of, Butyryl Fentanyl)

The Grand Jury Further Charges That:

On or about July 21, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing butyryl

fentanyl, a Schedule I controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 16

(Possession with Intent to Distribute, and Distribution of, Butyryl Fentanyl)

The Grand Jury Further Charges That:

On or about July 27, 2016, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing butyryl

fentanyl, a Schedule I controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 17

(Distribution of Fentanyl Causing Serious Bodily Injury and Death)

The Grand Jury Further Charges That:

On or about January 8, 2017, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

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unlawfully possess with the intent to distribute, and distribute, a substance containing

fentanyl, a Schedule II controlled substance, and serious bodily injury to, and the death of,

C.G., a person known to the Grand Jury, resulted from the use of such substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C),

and Title 18, United States Code, Section 2.

COUNT 18

(Possession with Intent to Distribute, and Distribution of, Fentanyl)

The Grand Jury Further Charges That:

On or about February 2, 2017, in the Western District of New York, the defendant,

KEVIN ABERNATHY a/k/a B, did knowingly, intentionally, and unlawfully possess with

the intent to distribute, and distribute, a substance containing fentanyl, a Schedule II

controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 19

(Possession with Intent to Distribute, and Distribution of, Fentanyl)

The Grand Jury Further Charges That:

On or about February 9, 2017, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute, and distribute, a substance containing

fentanyl, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT 20

(Distribution of Heroin and Fentanyl Causing Serious Bodily Injury and Death)

The Grand Jury Further Charges That:

On or about February 18, 2017, in the Western District of New York, the defendants,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, and JOSHUA LEVINE, did knowingly,

intentionally, and unlawfully possess with the intent to distribute, and distribute, a substance

containing heroin, a Schedule I controlled substance, and fentanyl, a Schedule II controlled

substance, and serious bodily injury to, and the death of, B.G., a person known to the Grand

Jury, resulted from the use of such substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C),

and Title 18, United States Code, Section 2.

COUNT 21

(Possession with Intent to Distribute, and Distribution of, Fentanyl)

The Grand Jury Further Charges That:

On or about February 23, 2017, in the Western District of New York, the defendant,

JOSHUA LEVINE, did knowingly, intentionally, and unlawfully possess with the intent to

distribute, and distribute, a substance containing fentanyl, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

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COUNT 22

(Possession of Fentanyl with Intent to Distribute)

The Grand Jury Further Charges That:

On or about March 16, 2017, in the Western District of New York, the defendant,

ROBERT MOORE a/k/a Fonz a/k/a Charmy, did knowingly, intentionally, and

unlawfully possess with the intent to distribute a substance containing fentanyl, a Schedule II

controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

COUNT 23

(Possession of Fentanyl with Intent to Distribute)

The Grand Jury Further Charges That:

On or about March 16, 2017, in the Western District of New York, the defendant,

JOSHUA LEVINE, did knowingly, intentionally, and unlawfully possess with the intent to

distribute a substance containing fentanyl, a Schedule II controlled substance.

All in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

FORFEITURE ALLEGATION

The Grand Jury Alleges That:

Upon his conviction of any of the Counts of this Superseding Indictment, the

defendant, ROBERT MOORE a/k/a Fonz a/k/a Charmy, shall forfeit to the United States

any and all property constituting and derived from any proceeds obtained, directly and

indirectly, as a result of such violations and any and all property used, and intended to be

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used, in any manner and part, to commit and to facilitate the commission of such violations,

including, but not limited to:

JEWELRY

Assorted pieces of jewelry seized on or about March 16, 2017, by law

enforcement officers from the residence of ROBERT MOORE a/k/a Fonz
a/k/a Charmy located at 4802 Glenwood Drive, Williamsville, New York.

MOTOR VEHICLE

One 2009 Audi S5 Quattro, bearing VIN WAURV78T89A018072, seized on

or about March 16, 2017, by law enforcement officers from the residence of
ROBERT MOORE a/k/a Fonz a/k/a Charmy located at 4802 Glenwood
Drive, Williamsville, New York.

All pursuant to Title 21, United States Code, Sections 853(a) (1) and 853(a)(2).

DATED: Buffalo, New York, April 12, 2018.

JAMES P. KENNEDY, JR.

United States Attorney

BY: S/MICHAEL P. FELICETTA

Assistant United States Attorney
United States Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
716/843-5893
Michael.Felicetta@usdoj.gov

A TRUE BILL:

S/FOREPERSON

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