EXHIBIT 2

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IN THE DISTRICT COURT OF THE UNITED STATES

for the Western District of New York ____________________

OCTOBER 2019 GRAND JURY

(Impaneled 10/18/2019)

THE UNITED STATES OF AMERICA

-vsJOSEPH BONGIOVANNI

 (Counts 1-5, 8, 10-18), and

PETER GERACE JR.

 (Counts 2, 6-9)

SECOND

SUPERSEDING

INDICTMENT

19-CR-227-JLS

Violations:

Title 21, United States Code,

Sections 846, 841(a)(1), and 856(a)(1); 

Title 18, United States Code, Sections 

371, 201(b)(1)(C), 201(b)(2)(A),

201(b)(2)(C), 1001(a)(2), 1519, and 

1594(c) 

(18 Counts and 4 Forfeiture Allegations)

INTRODUCTION

The Grand Jury Charges That:

As relevant to this Indictment:

1. The defendant, JOSEPH BONGIOVANNI (“BONGIOVANNI”), began his 

career in law enforcement as an Erie County Sheriff Deputy in or about 1995. In or about 

1998, the defendant BONGIOVANNI joined the Drug Enforcement Administration 

(“DEA”) as a Special Agent (“SA”) and his career with the DEA took him out of the Buffalo 

area for a period of time. In or about 2001, until his retirement on or about February 1, 2019, 

the defendant BONGIOVANNI was assigned to Buffalo, New York, DEA Resident Office.

2. As a DEA SA, the defendant BONGIOVANNI was a “public official” as 

defined in Title 18, United States Code, Section 201(a)(1).

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3. The defendant BONGIOVANNI had friends and associates who he knew were 

involved in possession, use, distribution, and importation of controlled substances. The 

defendant BONGIOVANNI’s friends and associates who were involved in possession, use, 

and distribution, and importation of controlled substances, included, among others, 

individuals he believed to be members of, connected to, or associated with Italian Organized 

Crime (IOC) in the Western District of New York and elsewhere.

4. PETER GERACE JR. (“GERACE”), is a friend and associate of defendant 

BONGIOVANNI. GERACE, for a period of time, was on supervision by the United States 

Probation Office for the Western District of New York. GERACE is also the owner and 

principal operator of Pharaoh’s Gentlemen’s Club (“Pharaoh’s”), located at 999 Aero Drive, 

Cheektowaga, New York. GERACE employs topless dancers, bartenders, bouncers, 

managers, and kitchen staff at Pharaoh’s where food, beverages, and dances with topless 

dancers are sold to patrons. Several of GERACE’s male employees at Pharaoh’s are 

members of a motorcycle club called the Outlaws Motorcycle Club (“Outlaws MC”). 

5. Michael Massecchia (“Masecchia”), is a friend and associate of defendant 

BONGIOVANNI and is a member or associate of IOC in the Western District of New York, 

and elsewhere. Massecchia has been involved in the possession with intent to distribute, and 

distribution of, controlled substances for over twenty (20) years in the Western District of 

New York and elsewhere. Massecchia had been a target or subject of several DEA cases 

during defendant BONGIOVANNI’s tenure as a DEA special agent, but Massecchia was 

never arrested or charged in any DEA cases or investigations during defendant 

BONGIOVANNI’s tenure as a DEA special agent. 

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6. The DEA was an agency within the executive branch of the Government of the 

United States, and the DEA is charged with, among other things, investigating narcotics 

trafficking activity and enforcing the controlled substance laws of the United States. The DEA 

required its SAs to uphold the rule of law, and to act with integrity in their personal and 

professional actions. 

7. As a DEA SA, the defendant BONGIOVANNI was specially trained in the 

investigation of drug trafficking activity and was familiar with DEA policy, record keeping, 

procedures, and databases.

8. The lawful functions and official duties of DEA SAs included, but were not 

limited to, initiating and conducting investigations; interviewing witnesses and DEA 

confidential sources; protecting the identity of witnesses and DEA confidential sources; 

protecting the integrity, confidentiality, and operational security of federal and state 

investigations; collecting and preserving evidence; preparing truthful and accurate DEA 

memoranda and reports; preparing search warrant and criminal complaint affidavits, 

documenting information that was helpful to current and future DEA investigations; arresting 

individuals who had violated federal and state drug laws; preparing and proposing DEA cases 

for prosecution; and acting with honesty and integrity in their representations and 

communications with prosecutors and other members of law enforcement.

9. The defendant BONGIOVANNI, through training and experience, was 

familiar with how the DEA and other law enforcement agencies conducted drug trafficking 

investigations, and how DEA agents and other law enforcement officers utilized deCase 1:22-cv-23328-KMW Document 13-1 Entered on FLSD Docket 11/07/2022 Page 4 of 46 Case 1:19-cr-00227-JLS-MJR Document 89 Filed 02/25/21 Page 3 of 45
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confliction databases as a means to coordinate investigations with other agents and law 

enforcement agencies.

10. De-confliction databases enabled law enforcement officers conducting an 

investigation of a specific individual or specific individuals to be alerted if another law 

enforcement officer or agency had an investigative interest in the same individual or 

individuals. 

COUNT 1

(Conspiracy to Defraud the United States)

The Grand Jury Further Charges That:

1. The allegations of the Introduction are repeated and re-alleged and 

incorporated by reference as if set forth fully herein.

2. Beginning in or about 2008 and continuing until in or about August 2019, the 

exact dates being unknown, in the Western District of New York, and elsewhere, the 

defendant, JOSEPH BONGIOVANNI, did knowingly, willfully, and unlawfully combine, 

conspire, and agree with Michael Masecchia and others, known and unknown: 

a. to defraud the United States and the Drug Enforcement Administration (DEA), 

an agency of the United States, by interfering with and obstructing by means of deceit, craft, 

and trickery, the lawful and legitimate governmental functions and rights of the DEA, that is: 

i. the right to have its business and its affairs, and the transaction 

of the official business of the DEA conducted honestly and 

impartially, free from corruption, fraud, improper and undue 

influence, dishonesty, unlawful impairment and obstruction; and

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ii. the right to the conscientious, loyal, faithful, disinterested and 

unbiased services, decisions, actions and performance of his 

duties by the defendant, JOSEPH BONGIOVANNI, in his 

official capacity as a DEA SA free from corruption, partiality, 

improper influence, bias, dishonesty and fraud in dealing with 

the DEA and other law enforcement agencies;

b. directly and indirectly, corruptly to give, offer, and promise a thing of value to

a public official, with intent to induce a public official to do an act and omit to do an act in 

violation of his lawful duty as opportunities arose, in violation of Title 18, United States Code, 

Section 201(b)(1)(C); and

c. directly and indirectly, corruptly to demand, seek, receive, accept, and agree to 

receive and accept, a thing of value personally, in return for being induced to do an act and 

omit to do an act in violation of official duty as opportunities arose, in violation of Title 18, 

United States Code, Section 201(b)(2)(C). 

MANNER AND MEANS

3. The conspiracy was carried out by the Manner and Means set forth below.

4. It was part of the conspiracy that, in order to build trust and maintain continuity 

with his coconspirators, the defendant BONGIOVANNI did not investigate his friends and 

associates and used his position as a DEA SA in Buffalo, New York, to shield his friends and 

associates, and others including Masecchia, who he believed were connected to or associated 

with IOC, from criminal investigations.

5. It was part of the conspiracy that, in exchange for payments he received and in 

order to ingratiate himself to individuals whom he believed were members and associates of 

IOC, the defendant BONGIOVANNI utilized his position as a DEA SA to attempt to 

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dissuade other members of law enforcement: from conducting investigations of his 

coconspirators, friends, associates and individuals the defendant believed to be connected to 

or associated with IOC, including Masecchia and others; and from conducting investigations 

into any individuals who may have been able to expose his criminal activities and those of his 

friends, associates, and individuals the defendant believed to be connected to or associated 

with IOC. 

6. It was part of the conspiracy that, in exchange for payments he received, and 

to ingratiate himself to individuals he believed to be connected to or associated with IOC, the 

defendant BONGIOVANNI used his position as a DEA SA to gain and provide information 

about federal investigations, and about individuals cooperating or suspected to be cooperating 

with law enforcement, to enable his coconspirators, friends, and associates to continue their 

drug trafficking activities without disruption by law enforcement.

7. It was part of the conspiracy that, between in or about 2008 and in or about 

2017, in exchange for bribes totaling approximately at least $250,000 in United States 

currency paid by Masecchia, working with others, the defendant BONGIOVANNI used his 

position as a DEA SA to protect the coconspirator drug traffickers who were paying him 

bribes and their associates.

8. It was part of the conspiracy that the defendant BONGIOVANNI was paid 

bribes by Masecchia, who was working with others, on a recurring basis in exchange for 

regular debriefings whereby the defendant BONGIOVANNI provided information designed 

to protect and conceal the drug trafficking activities of his friends, associates, and 

coconspirators.

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9. It was part of the conspiracy that, utilizing state and DEA de-confliction 

databases, the defendant BONGIOVANNI would be alerted when other agents were looking 

at the drug trafficking activity of individuals associated with the defendant BONGIOVANNI 

or under his protection.

10. It was part of the conspiracy that, in exchange for bribes he received and in 

order to create the appearance of a legitimate DEA investigation and to maximize his ability 

to utilize de-confliction databases to monitor the activities of other law enforcement agents 

and agencies, and to ensure no other law enforcement agents or agencies successfully 

investigated the drug traffickers under the defendant BONGIOVANNI’s paid protection, the 

defendant BONGIOVANNI initiated a DEA case file in the names of coconspirator drug 

traffickers who were paying the defendant BONGIOVANNI protection bribes. 

11. It was part of the conspiracy that the defendant BONGIOVANNI utilized his 

access to DEA databases and information, meetings with other law enforcement officers and 

Assistant United States Attorneys, and knowledge of law enforcement techniques, methods, 

and procedures, to advise and assist drug traffickers in avoiding law enforcement scrutiny and 

detection.

12. It was part of the conspiracy that, in exchange for bribes he received, defendant 

BONGIOVANNI provided information to his coconspirators about the existence of 

investigations, the status of investigations, the identity of cooperators, and specific 

information, including specific techniques utilized or under consideration in investigations 

that he learned through his position as a DEA SA and his interactions with other members of 

law enforcement.

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13. It was part of the conspiracy that, in exchange for bribes he received and to 

protect the continuing drug trafficking operations of his coconspirators, after opening a DEA 

file, the defendant BONGIOVANNI feigned legitimate investigation so that information 

about his coconspirators, and anyone seeking to cooperate against them, would be funneled 

towards him, and so inducing other members of law enforcement to defer investigation of his 

coconspirators to him. 

14. It was part of the conspiracy that, after feigning legitimate investigation for a 

period of time so that information about his coconspirators, and anyone seeking to cooperate 

against them, would be funneled towards him, the defendant BONGIOVANNI closed the

DEA file related to drug traffickers under defendant BONGIOVANNI’s paid protection 

knowing that, even with the file closed, he would continue to receive de-confliction notices 

related to individuals under his protection. 

15. It was part of the conspiracy that, even after the defendant BONGIOVANNI

closed the DEA file related to drug traffickers under the defendant BONGIOVANNI’s paid 

protection, he continued to represent to others in law enforcement that he had an active 

investigation in an effort to dissuade other members of law enforcement from commencing 

and developing an investigation of his friends, associates, and coconspirators.

16. It was part of the conspiracy that the defendant BONGIOVANNI made false 

entries and representations in DEA documents, and false statements and representations to 

other members of law enforcement, in order to protect his friends, associates, and 

coconspirators from investigation, arrest, prosecution, and potential incarceration.

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17. It was part of the conspiracy that the defendant BONGIOVANNI would 

falsely deny to other agents of the DEA the existence and extent of connections between 

himself and individuals he knew to be involved in the possession, use, distribution, and 

importation of controlled substances, and individuals he believed were connected to or 

associated with IOC.

18. It was part of the conspiracy that the defendant BONGIOVANNI provided 

cover stories to his coconspirators and would instruct such individuals that, if the 

communications or meetings between the defendant and the coconspirators were ever 

questioned by law enforcement, the conspirators should conceal the true nature of their 

relationship with the defendant BONGIOVANNI by pretending the defendant 

BONGIOVANNI was recruiting such individuals to be DEA informants.

19. It was part of the conspiracy that, upon request, the defendant 

BONGIOVANNI made efforts to use his position as a DEA SA to help coconspirators get 

out of trouble with other law enforcement agencies. 

20. It was part of the conspiracy that the defendant BONGIOVANNI would 

conceal his possession, use, and distribution of controlled substances, the bribes he received, 

and the assistance he provided to his friends, associates, coconspirators, and individuals who 

he believed were members of, connected to, or associated with IOC. 

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OVERT ACTS

21. In furtherance of the conspiracy and to effect the objects thereof, the following 

overt acts were committed in the Western District of New York, and elsewhere, by the 

defendant and others.

22. Between in or about 2008 and in or about 2017, Masecchia, working with 

others, paid the defendant BONGIOVANNI, who accepted, bribes on a recurring basis 

totaling approximately at least $250,000 in United States currency in exchange for protection 

from arrest and prosecution.

23. Between in or about 2008 and in or about 2017, the defendant 

BONGIOVANNI provided information about investigations, including the status of specific 

investigative techniques, potential witnesses, and confidential sources during routine 

recurring meetings with drug traffickers who were paying him bribes. 

24. On or about November 25, 2012, the defendant BONGIOVANNI learned that 

friends and associates of individuals paying him bribes were arrested by the New York State 

Police in relation to the seizure of marijuana, U.S. currency, and other items, and the 

defendant BONGIOVANNI began acquiring information about the arrests and made 

arrangements to open a DEA case to take control of the case from the New York State Police. 

25. On or about November 28, 2012, the defendant BONGIOVANNI authored a 

DEA 6 summary report and caused the initiation of DEA Case Number C2-13-0026.

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26. On or about December 24, 2012, the defendant BONGIOVANNI caused the 

preparation of DEA 202 forms adding target names to the file in DEA Case Number C2-13-

0026, including the names of drug traffickers and associates who were paying him bribes. 

27. On or about December 24, 2012, the defendant BONGIOVANNI caused the 

DEA preparation and entry of three (3) separate DEA 202 forms in DEA Case Number C2-

13-0026 with signatures that do not belong to the DEA Special Agent listed as the co-case 

agent on the DEA 202 form.

28. In or about January 2013, the defendant BONGIOVANNI submitted names, 

including the names of drug traffickers and associates who were paying him bribes, and the 

defendant’s contact information, to “Safety-Net,” a state de-confliction system. 

29. In or about April 2013, the defendant BONGIOVANNI became aware of an 

individual, known to the Grand Jury, who could cooperate against the drug traffickers paying 

the defendant BONGIOVANNI bribes, and the defendant BONGIOVANNI signed up the 

individual as a DEA confidential source (“CS”) with himself as the handling agent. 

30. On or about April 29, 2013, the defendant BONGIOVANNI signed up the 

individual DEA CS with himself as the handling agent for a period from April 29, 2013, until 

April 29, 2014. 

31. On or about May 2, 2013, in DEA Case Number C2-13-0026, the defendant 

BONGIOVANNI indexed names related to individuals who were paying the defendant 

BONGIOVANNI bribes to give the appearance of legitimate investigation and so that DEA 

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de-confliction database procedures would alert him if other members of law enforcement were 

investigating the individuals and associates of individuals who were paying the defendant 

BONGIOVANNI bribes.

32. Between on or about April 29, 2013, and on or about September 9, 2013, the 

defendant BONGIOVANNI ensured that the CS provided no cooperation against the drug 

traffickers who were paying him bribes, and on September 9, 2013, the defendant 

BONGIOVANNI caused the completion of form DEA-512(d) deactivating the DEA CS. 

33. On or about May 23, 2013, defendant BONGIOVANNI sent an email 

regarding DEA Case Number C2-13-0026 to members of the United States Attorney’s Office, 

Western District of New York, and a Special Agent with the Internal Revenue Service (IRS) 

stating that “we are making strides in the street and will report back soon.”

34. On or about June 18, 2013, a fellow DEA agent conducted surveillance on a 

warehouse in Buffalo, New York that was controlled by a coconspirator who was a source of 

bribe payments to the defendant BONGIOVANNI, and after the fellow DEA agent made 

relevant observations, the fellow DEA agent was advised by the defendant BONGIOVANNI 

to discontinue the surveillance.

35. On or about July 11, 2013, the defendant BONGIOVANNI received an email 

from a fellow member of law enforcement advising him, in part, that “Masecchia is an 

associate and possibly made member of the Buffalo LCN family,” an IOC group operating in 

Buffalo, New York, and elsewhere. 

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36. On or about July 16, 2013, the defendant BONGIOVANNI sent an email to 

members of the United States Attorney’s Office, Western District of New York, and a Special 

Agent with the IRS, and copied his supervisor in the DEA Buffalo Resident Office, that read 

in part “we are working on GPS warrant for trackers to locate these grow operation [sic] a CI 

[confidential informant] reported they are turning the grow over in 8 to 9 weeks. Joe.” 

37. On or about July 30, 2013, defendant BONGIOVANNI notified the DEA CS 

he/she would be deactivated as a DEA CS pursuant to BONGIOVANNI’s entry in 

Confidential Source Deactivation form DEA-512d. 

38. On September 9, 2013, the defendant BONGIOVANNI de-activated the CS 

who had an ability to cooperate in DEA Case Number C2-13-0026, and falsely stated in the 

“Confidential Source Deactivation” form DEA-512d, “The CS can no longer provide services 

or information for any open investigation.”

39. On or about September 9, 2013, the defendant BONGIOVANNI caused the 

preparation and entry of “Confidential Source Deactivation” form DEA-512d with a false 

and fraudulent signature line for the co-case agent.

40. On or about September 11, 2013, the defendant BONGIOVANNI prepared a 

DEA 6 report in DEA Case Number C2-13-0026 wherein he made false, fraudulent, fictitious, 

and misleading statements as follows: “Agents are presently waiting for approval from the 

United States Attorney’s Office (WDNY) to utilized [sic] GPS trackers to aid in the 

investigation.” 

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41. On or about September 26, 2013, the defendant BONGIOVANNI met with 

other members of law enforcement and an Assistant United States Attorney at the United 

States Attorney’s Office for the Western District of New York regarding in DEA Case 

Number C2-13-0026 during which meeting, specific investigative techniques were discussed.

42. On or about December 31, 2013, the defendant BONGIOVANNI made false 

and misleading statements in a DEA 6 report in DEA Case Number C2-13-0026.

43. On or about April 7, 2014, the defendant BONGIOVANNI made false and 

misleading statements in a DEA 6 report in DEA Case Number C2-13-0026.

44. On or about July 7, 2014, the defendant BONGIOVANNI made false and 

misleading statements in a DEA 6 report in DEA Case Number C2-13-0026.

45. Between on or about April 30, 2013, and on or about November 4, 2014, the

defendant BONGIOVANNI made false representations regarding DEA Case Number C2-

13-0026 to others in law enforcement that he did not have a source who could provide 

information about the locations of marijuana grow operations being controlled and operated 

by those who were paying the defendant BONGIOVANNI bribes. 

46. Between in or about 2008 and in or about 2017, during routine and recurring 

meetings with individuals paying the defendant BONGIOVANNI bribes, the defendant 

BONGIOVANNI passed along information regarding specific techniques utilized or being 

considered by other members of law enforcement in DEA Case Number C2-13-0026.

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47. During conversation with other members of law enforcement involved in the 

investigation of DEA Case Number C2-13-0026, the defendant BONGIOVANNI falsely 

stated that he did not have a confidential informant and, as a result, marijuana grow locations 

could not be located to further the investigation in DEA Case Number C2-13-0026.

48. On or about November 4, 2014, in preparation for closing DEA Case Number 

C2-13-0026, the defendant BONGIOVANNI prepared a DEA 6 report wherein he made 

false, fraudulent, fictitious, and misleading statements as follows: “The confidential informant 

associated with this case/file is no longer viable and can not provide credible information in 

furtherance of this investigation. This agent will not [sic] prepare this case for closure.”

49. On or about January 28, 2015, the defendant BONGIOVANNI prepared a 

DEA 6 report in DEA Case Number C2-13-0026 officially closing the DEA file related to 

investigation of individuals and associates of individuals who were paying him bribes.

50. On or about January 28, 2015, the defendant BONGIOVANNI prepared a 

DEA 210 form “Defendant Disposition Report” wherein he made false, fraudulent, fictitious, 

and misleading statements as follows: “On January 6, 2015- [name redacted] plead in New 

York State court and sentenced (sic) to 36 months probation.” 

51. On or about February 21, 2016, the defendant BONGIOVANNI attended a 

party in Toronto, Canada with friends and associates involved in possession, use, and 

distribution of cocaine.

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52. In or about August 2016, the defendant BONGIOVANNI used his position as 

a DEA SA in an attempt to dissuade a member of a different federal law enforcement agency 

from investigating some of the defendant BONGIOVANNI’s friends and associates.

53. At various times while the defendant BONGIOVANNI was a DEA SA 

assigned to the Buffalo Resident Office, he possessed, used and distributed, and observed 

others possess, use, and distribute, cocaine.

54. On or about February 1, 2019, the defendant BONGIOVANNI’s last day as a

DEA SA in the Buffalo Resident Office due to his retirement from the DEA, the defendant

caused his DEA issued cellular telephone to be wiped clean such that all data was deleted 

from the telephone. 

55. On a date unknown to the Grand Jury, but before on or about February 1, 2019, 

without authorization or permission, the defendant BONGIOVANNI removed the DEA 

working file in DEA Case Number C2-13-0026, which contained DEA database information 

(including de-confliction database information), administrative subpoenas and responses, 

cellular telephone toll analysis, and other DEA records and property, including an Organized 

Crime Drug Enforcement Task Forces investigation initiation form for Operation Past Due, 

from the DEA Buffalo Resident Office and stored and concealed this DEA property in the 

basement of his residence.

56. During the course of the conspiracy, defendant BONGIOVANNI advised a 

coconspirator, who was working with Masecchia and known to the Grand Jury, of a cover 

story for their interactions, that is, if anyone [in law enforcement] ever questioned [the 

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coconspirator] he should say that defendant BONGIOVANNI was talking to [the 

conspirator] about becoming defendant BONGIOVANNI’s informant. 

57. At times, including an occasion following the execution of a federal search 

warrant at defendant BONGIOVANNI’s residence on June 6, 2019, defendant 

BONGIOVANNI met with a coconspirator, who was working with Masecchia and is known 

to the Grand Jury, and advised the coconspirator that if he was ever approached [by law 

enforcement] “I’ll coach you on it, I’ll get you prepared.” 

58. On or about August 23, 2019, Masecchia possessed quantities of marijuana, 

cocaine, and other controlled substances, $27,950 in bundled U.S. currency, eight firearms, 

various rounds of ammunition, and drug paraphernalia at 5907 Main Street, Williamsville, 

New York.

All in violation of Title 18, United States Code, Section 371.

COUNT 2

(Conspiracy to Defraud the United States)

The Grand Jury Further Charges That:

1. The allegations of the Introduction are repeated and re-alleged and 

incorporated by reference as if set forth fully herein.

2. Beginning in or about 2005 and continuing until in or about February 2019, the 

exact dates being unknown, in the Western District of New York, and elsewhere, the 

defendants, JOSEPH BONGIOVANNI, and PETER GERACE JR., did knowingly, 

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

unknown: 

a. to defraud the United States and the Drug Enforcement Administration (DEA), 

an agency of the United States, by interfering with and obstructing by means of deceit, craft, 

and trickery, the lawful and legitimate governmental functions and rights of the DEA, that is: 

i. the right to have its business and its affairs, and the transaction 

of the official business of the DEA conducted honestly and 

impartially, free from corruption, fraud, improper and undue 

influence, dishonesty, unlawful impairment and obstruction; and

ii. the right to the conscientious, loyal, faithful, disinterested and 

unbiased services, decisions, actions and performance of his 

duties by the defendant, JOSEPH BONGIOVANNI, in his 

official capacity as a DEA SA free from corruption, partiality, 

improper influence, bias, dishonesty and fraud in dealing with 

the DEA and other law enforcement agencies;

b. directly and indirectly, corruptly to give, offer, and promise a thing of value to

a public official, with intent to induce the performance of an official act and to induce a public 

official to do an act and omit to do an act in violation of his lawful duty, as opportunities 

arose, in violation of Title 18, United States Code, Section 201(b)(1)(C); and

c. directly and indirectly, corruptly to demand, seek, receive, accept, and agree to 

receive and accept, a thing of value personally, in return for being influenced in the 

performance of an official act and for being induced to do an act and omit to do an act in 

violation of official duty, as opportunities arose, in violation of Title 18, United States Code, 

Section 201(b)(2)(A) and 201(b)(2)(C). 

MANNER AND MEANS

3. The conspiracy was carried out by the Manner and Means set forth below.

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4. It was part of the conspiracy that, in order to build trust and maintain continuity 

with his coconspirators, the defendant BONGIOVANNI did not investigate his friends and 

associates and used his position as a DEA SA in Buffalo, New York, to shield his friends and 

associates, and others, including the defendant GERACE, from criminal investigations.

5. It was part of the conspiracy that, in exchange for payments he received and in 

order to ingratiate himself to individuals whom he believed were members and associates of 

IOC, the defendant BONGIOVANNI utilized his position as a DEA SA to attempt to 

dissuade other members of law enforcement: from conducting investigations of his 

coconspirators, friends, associates and individuals the defendant believed to be connected to 

or associated with IOC, including the defendant GERACE and others; and from conducting 

investigations into any individuals who may have been able to expose his criminal activities 

and those of his friends, associates, and individuals the defendant believed to be connected to 

or associated with IOC. 

6. It was part of the conspiracy that, in exchange for payments he received, the 

defendant BONGIOVANNI used his position as a DEA SA to gain and provide information 

to enable his coconspirators, friends, and associates to continue their drug trafficking activities 

without disruption by law enforcement.

7. It was part of the conspiracy that, at various times between in or about 2005

and in or about 2017, defendant BONGIOVANNI provided information he learned during 

the course of his duties as a DEA SA, including information learned through participating in 

investigations, to the defendant GERACE.

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8. It was part of the conspiracy that defendant BONGIOVANNI used his position 

as a DEA SA to influence other federal agents, including from the Federal Bureau of 

Investigation (FBI) and the DEA, to dissuade them from investigating the defendant 

GERACE and Pharaoh’s. 

9. It was part of the conspiracy that the defendant GERACE paid defendant 

BONGIOVANNI cash bribes on a recurring basis to protect the defendant GERACE and 

GERACE’s business, Pharaoh’s Gentlemen’s Club from federal narcotics investigations. 

10. It was part of the conspiracy that defendant BONGIOVANNI falsely 

represented that the defendant GERACE was defendant BONGIOVANNI’s source of 

information to protect the defendant GERACE and Pharaoh’s from federal investigations. 

11. It was part of the conspiracy that the defendant BONGIOVANNI falsely 

represented to the DEA that the defendant GERACE was defendant BONGIOVANNI’s 

source of information about ongoing drug trafficking activity in an effort to protect the 

defendant GERACE and Pharaoh’s from federal investigations.

12. It was part of the conspiracy that the defendant BONGIOVANNI would 

falsely deny to other agents of the DEA the existence and extent of connections between 

himself and individuals he knew to be involved in the possession, use, distribution, and 

importation of controlled substances, and individuals he believed were connected to or 

associated with IOC.

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13. It was part of the conspiracy that the defendant BONGIOVANNI provided 

cover stories to his coconspirators and would instruct such individuals that, if the 

communications or meetings between the defendant and the coconspirators were ever 

questioned by law enforcement, the conspirators should conceal the true nature of their 

relationship with the defendant BONGIOVANNI by pretending the defendant 

BONGIOVANNI was recruiting such individuals to be DEA informants.

14. It was part of the conspiracy that, upon request, the defendant 

BONGIOVANNI made efforts to use his position as a DEA SA to help coconspirators get 

out of trouble with other law enforcement agencies. 

15. It was part of the conspiracy that the defendant BONGIOVANNI would 

conceal his possession, use, and distribution of controlled substances, the bribes he received, 

and the assistance he provided to his friends, associates, coconspirators, and individuals who 

he believed were members of, connected to, or associated with IOC.

OVERT ACTS

16. In furtherance of the conspiracy and to effect the objects thereof, the following 

overt acts were committed in the Western District of New York, and elsewhere, by the 

defendant and others.

17. In or about 2005, defendant GERACE learned information from the execution 

of a DEA search warrant in which defendant BONGIOVANNI participated.

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18. Between in or about 2013 and in or about 2016, the defendant 

BONGIOVANNI, accepted cash bribes on a recurring basis from the defendant GERACE 

in exchange for protection from arrest and prosecution.

19. Between on or about November 1, 2009, and on or about November 3, 2009, 

in response to information he received from the defendant GERACE, the defendant 

BONGIOVANNI contacted the United States Probation Office in an effort to intercede on 

the defendant GERACE’s behalf and to help the defendant GERACE mitigate any sanctions 

that might be imposed by the Probation Office for the defendant GERACE violating the terms 

and conditions of his term of federal supervised release. 

20. On or about November 6, 2009, the defendant BONGIOVANNI authored an 

official DEA 6 report in which the defendant BONGIOVANNI made false, fraudulent, 

fictitious, and misleading statements, namely, that that the defendant GERACE had acted as 

a confidential source and had provided information to the DEA in narcotics investigations. 

21. On or about November 6, 2009, in the DEA 6 report referenced above, the 

defendant BONGIOVANNI omitted documenting any telephone number for the defendant 

GERACE

22. In or about November 2009, the defendant BONGIOVANNI engaged in 

conduct and made statements portraying the defendant GERACE as a DEA confidential 

source, when in fact the defendant GERACE was not a DEA confidential source, in order to 

dissuade an FBI Special Agent from investigating and potentially charging the defendant 

GERACE with federal criminal offenses.

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23. Between on or about November 6, 2009, and on or about October 31, 2018, the 

defendant BONGIOVANNI did not document in any DEA reports or memoranda any 

information about the defendant GERACE and did not document the substance of any inperson or telephonic contacts he had with the defendant GERACE, who, for a period of time,

was on supervision by the United States Probation Office for the Western District of New 

York and who was an individual whom the defendant BONGIOVANNI knew and had 

reason to know was involved in possession, use, and distribution of controlled substances, 

and had reason to believe to be a member of, connected to, or associated with IOC.

24. On or about February 21, 2016, the defendant BONGIOVANNI attended a

party in Toronto, Canada with friends and associates involved in possession, use, and 

distribution of cocaine.

25. In or about June 2016, in response to another DEA SA in the Buffalo Resident 

Office subpoena of phone records showing contacts between the defendant GERACE and 

the defendant BONGIOVANNI, the defendant BONGIOVANNI attempted to dissuade and 

discourage another DEA SA from further investigating the defendant GERACE by asking 

his colleague if he “hated Italians,” and by making other comments to his fellow DEA SA to 

dissuade and discourage the DEA SA from continuing to investigate the defendant GERACE

and others. 

26. On a date unknown to the Grand Jury, in response to a telephone call from the 

defendant GERACE after a stripper overdosed on drugs at Pharaoh’s in Cheektowaga, New 

York, the defendant BONGIOVANNI advised the defendant GERACE to “get her out” of 

the gentlemen’s club.

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27. On or about May 4, 2017, the defendant GERACE left a voicemail message 

on the defendant BONGIOVANNI’s DEA issued cell phone, as follows:

“Hey Joe, it’s Peter. Listen, if a guy is dealing drugs he’s got a regular 

phone...it’s a phone that’s, one of those Tracfones. Is there a way to 

ping it like police do? Where they can tell where you’re at? I just want 

to know if you could do that or not. Give me a call back 725-1931.”

to which the defendant BONGIOVANNI responded via text message, “Yes but you would 

need a warrant to get a ping order.” 

28. At various times while the defendant BONGIOVANNI was a DEA SA 

assigned to the Buffalo Resident Office, he possessed, used and distributed, and observed 

others possess, use, and distribute, cocaine.

29. On or about November 1, 2018, the defendant BONGIOVANNI authored and 

submitted an internal DEA memorandum in which he made false and misleading statements 

as follows: “It should be known that any contact I have had with [the defendant GERACE] 

in the past was minimal in-person contact and primarily consisted of random telephonic 

communication based on the fact we were childhood friends. I would sometimes randomly 

encounter [the defendant GERACE] at a restaurant or golf outing and have not made plans 

to meet him socially in several years.”

30. On or about December 10, 2018, the defendant BONGIOVANNI authored 

and submitted an internal DEA memorandum wherein he made false and misleading 

statements as follows: “I have and will report all contact with [the defendant GERACE] to a 

DEA supervisor like I have in the past[.]”

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31. On or about January 28, 2019, the defendant BONGIOVANNI authored and 

submitted an internal DEA memorandum wherein he made false and misleading statements 

regarding the nature of the defendant GERACE’s relationship with another DEA SA in the 

Buffalo Resident Office. 

32. On or about February 1, 2019, the defendant BONGIOVANNI’s last day as a 

DEA SA in the Buffalo Resident Office due to his retirement from the DEA, the defendant

caused his DEA issued cellular telephone to be wiped clean such that all data was deleted 

from the telephone. 

33. On a date unknown to the Grand Jury, but before on or about February 1, 2019, 

without authorization or permission, the defendant BONGIOVANNI removed the DEA 

working file in DEA Case Number C2-13-0026, which contained DEA database information 

(including de-confliction database information), administrative subpoenas and responses, 

cellular telephone toll analysis, and other DEA records and property, including an Organized 

Crime Drug Enforcement Task Forces investigation initiation form for Operation Past Due, 

from the DEA Buffalo Resident Office and stored and concealed this DEA property in the 

basement of his residence.

34. At various times between in or about 2006, and on or about February 1, 2019, 

defendant GERACE possessed with intent to distribute, and distributed cocaine, a Schedule 

II controlled substance.

35. At various times between in or about 2009 and in or about 2018, female dancers 

employed at Pharaoh’s have overdosed inside Pharaoh’s after ingesting controlled substances. 

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36. Beginning in or before 2009, and continuing until at least in or about February 

2019, and later, defendant GERACE, knowingly maintained the premises known as 

Pharaoh’s Gentlemen’s Club, located at 999 Aero Drive, Cheektowaga, New York, to 

facilitate prostitution; to provide drugs and money to Pharaoh’s employees in exchange for 

sex with the defendant GERACE and others; and for use and distribution of controlled 

substances, including cocaine, cocaine base, and amphetamine also known as Adderall,

Schedule II controlled substances, and marijuana and heroin, Schedule I controlled 

substances.

All in violation of Title 18, United States Code, Section 371.

COUNT 3

(Conspiracy to Distribute Controlled Substances)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 1 are incorporated by reference 

as though set forth fully herein.

2. Beginning in or about 2008, and continuing to in or about August 2019, the 

exact dates being unknown to the Grand Jury, in the Western District of New York, and 

elsewhere, the defendant, JOSEPH BONGIOVANNI, did knowingly, willfully, and 

unlawfully combine, conspire, and agree with Michael Masecchia and others, known and 

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

to distribute, 1000 kilograms or more of a mixture and substance containing marijuana, a 

Schedule I controlled substance, and cocaine, a Schedule II controlled substance, in violation 

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

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

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COUNT 4

(Public Official Accepting a Bribe)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 1 are incorporated by reference 

as though set forth fully herein. 

2. Beginning in or about 2008, and continuing to in or about 2017, the exact dates 

being unknown to the Grand Jury, in the Western District of New York, the defendant, 

JOSEPH BONGIOVANNI, a public official, directly and indirectly did corruptly demand, 

seek, receive, accept, and agree to receive and accept something of value personally, in return 

for being induced to do an act and omit to do an act in violation of his official duty as 

opportunities arose; that is the defendant, JOSEPH BONGIOVANNI, was paid at least 

$250,000 in United States currency to, among other acts, open and close a DEA case file; to 

open and close a DEA CS; to cause the issuance of DEA administrative subpoenas; to cause 

the entry of names, locations, and phone numbers in de-confliction databases; to make false 

and misleading entries in DEA reports and forms; to make false and misleading statements 

to other members of law enforcement; to provide information about federal investigations, 

law enforcement methods and techniques, and the identity of individuals cooperating and 

potentially cooperating with law enforcement in order to conceal the drug trafficking 

activities, and to help such drug trafficking activities continue, of individuals associated with 

the defendant, including individuals the defendant believed to be connected to and associated 

with IOC.

All in violation of Title 18, United States Code, Section 201(b)(2)(C).

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COUNT 5

(Public Official Accepting a Bribe)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 2 are incorporated by reference 

as though set forth fully herein.

2. Beginning in or about 2009, and continuing to on or about June 6, 2019, the 

exact dates being unknown to the Grand Jury, in the Western District of New York, the 

defendant, JOSEPH BONGIOVANNI, a public official, directly and indirectly did corruptly 

demand, seek, receive, accept, and agree to receive and accept something of value personally, 

in return being influenced in the performance of an official act and for being induced to do an 

act and omit to do an act in violation of official duty, as opportunities arose; that is the 

defendant, JOSEPH BONGIOVANNI, was paid United States currency to, among other 

acts and omissions, omit to enforce the drug laws of the United States against Peter Gerace 

Jr., and against Pharaoh’s Gentlemen’s Club located at 999 Aero Drive, Cheektowaga, New 

York; to falsely advise an Federal Bureau of Investigation (FBI) Special Agent (SA) that Peter 

Gerace Jr. was a DEA confidential source, thereby inducing the FBI SA to abandon a 

narcotics investigation into Peter Gerace Jr. and Pharaoh’s Gentlemen’s Club; to provide 

advice and information to Peter Gerace Jr.; to help Peter Gerace Jr. and Pharaoh’s 

Gentlemen’s Club avoid federal narcotics investigations; to make statements to his co-worker, 

a fellow DEA SA, to dissuade and discourage the fellow DEA SA from investigating Peter 

Gerace Jr., and Pharaoh’s; to make false and misleading statements to other members of law 

enforcement; to provide information about law enforcement methods and techniques; and, to 

help such drug trafficking activities continue.

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All in violation of Title 18, United States Code, Sections 201(b)(2)(A) and 

201(b)(2)(C).

COUNT 6

(Paying a Bribe to a Public Official)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 2 are incorporated by reference 

as though set forth fully herein.

2. Beginning in or about 2009, and continuing to on or about June 6, 2019, the 

exact dates being unknown to the Grand Jury, in the Western District of New York, the 

defendant, PETER GERACE JR., did, directly and indirectly, corruptly give, offer, and 

promise a thing of value to a public official, namely a DEA Special Agent, with intent to 

induce the performance of an official act and to induce a public official to do an act and omit 

to do an act in violation of his lawful duty, as opportunities arose; that is, the defendant, 

PETER GERACE JR. paid and facilitated bribe payments to Joseph Bongiovanni, a DEA 

Special Agent, in United States currency to among other acts, to falsely advise an Federal 

Bureau of Investigation (FBI) Special Agent (SA) that the defendant PETER GERACE JR.

was a DEA confidential source, thereby inducing the FBI SA to abandon a narcotics 

investigation into the defendant PETER GERACE JR. and Pharaoh’s Gentlemen’s Club; to 

create an official DEA 6 document falsely stating that the defendant PETER GERACE JR.

was a DEA source; to provide advice and information to the defendant PETER GERACE 

JR.; to help the defendant PETER GERACE JR. and Pharaoh’s Gentlemen’s Club avoid 

federal narcotics investigations; to induce Bongiovanni to use his position as a DEA SA to 

make statements to his co-worker, a fellow DEA SA, to dissuade and discourage the fellow 

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DEA SA from investigating the defendant PETER GERACE JR. and Pharaoh’s; to make 

false and misleading statements to other members of law enforcement; to provide information 

about law enforcement methods and techniques; to help such drug trafficking activities 

continue; and to make false statements in official DEA memoranda in order to minimize the 

relationship between Bongiovanni and the defendant PETER GERACE JR. as a means to 

conceal their conspiratorial relationship.

All in violation of Title 18, United States Code, Sections 201(b)(1)(A) and 

201(b)(1)(C).

COUNT 7

(Maintaining a Drug-Involved Premises)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 2 are incorporated by reference 

as though set forth fully herein.

2. Beginning in or about 2006, and continuing until on or about December 12, 

2019, the exact dates being unknown to the Grand Jury, in the Western District of New York, 

and elsewhere, the defendant, PETER GERACE JR., did knowingly, intentionally, and 

unlawfully use and maintain a place, that is, the premises known as Pharaoh’s Gentlemen’s 

Club, located at 999 Aero Drive, Cheektowaga, New York, for the purpose of manufacturing, 

distributing, and using cocaine, cocaine base, methamphetamine, and amphetamine also 

known as Adderall, Schedule II controlled substances, and marijuana and heroin, Schedule I 

controlled substances.

All in violation of Title 21, United States Code, Section 856(a)(1) and Title 18, 

United States Code, Section 2.

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COUNT 8

(Conspiracy to Distribute Controlled Substances)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 1 are incorporated by reference 

as though set forth fully herein.

2. Beginning in or about 2009 and continuing to in or about February 2019, the 

exact dates being unknown, in the Western District of New York, and elsewhere, the 

defendants, JOSEPH BONGIOVANNI and PETER GERACE JR., did knowingly, 

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

unknown to the Grand Jury, to commit the following offenses, that is:

a. to possess with intent to distribute, and to distribute, cocaine, cocaine 

base, methamphetamine, and amphetamine also known as Adderall, Schedule II controlled 

substances, and marijuana and heroin, Schedule I controlled substances, in violation of Title 

21, United States Code, Sections 841(a)(1), and 841(b)(1)(C); and

b. to knowingly, intentionally, and unlawfully use and maintain a place, 

that is, the premises known as Pharaoh’s Gentlemen’s Club, located at 999 Aero Drive, 

Cheektowaga, New York, for the purpose of manufacturing, distributing, and using cocaine, 

cocaine base, methamphetamine, and amphetamine also known as Adderall, Schedule II 

controlled substances, and marijuana and heroin, Schedule I controlled substances.

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

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COUNT 9

(Conspiracy to Commit Sex Trafficking)

The Grand Jury Charges That:

Beginning in or about 2009 and continuing to in or about 2018, the exact dates being 

unknown, in the Western District of New York, and elsewhere, the defendant, PETER 

GERACE JR., did knowingly, willfully, and unlawfully combine, conspire, and agree with 

others, known and unknown, to knowingly recruit, entice, harbor, transport, provide, obtain, 

and maintain by any means, in and affecting interstate and foreign commerce, persons, and 

to benefit, financially and by receiving anything of value, from participation in a venture 

which has engaged in such acts, knowing and in reckless disregard of the fact that means of 

force, threats of force, fraud, and coercion, and a combination of such means, would be used 

to cause such persons to engage in a commercial sex act, in violation of Title 18, United States 

Code, Sections 1591(a) and 1591(b)(1).

All in violation of Title 18, United States Code, Section 1594(c).

COUNT 10

(Obstruction of Justice)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 1 are incorporated by reference 

as though set forth fully herein.

2. On or about November 4, 2014, in the Western District of New York, the 

defendant, JOSEPH BONGIOVANNI, did knowingly falsify and make false entries in 

records and documents with intent to impede, obstruct, and influence the investigation and 

proper administration of a matter within the jurisdiction of the Drug Enforcement 

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Administration, an agency of the United States, that is, the defendant, JOSEPH 

BONGIOVANNI, made false and misleading statements in DEA 6 reports he prepared 

relating to the status of a drug trafficking investigation in DEA Case Number C2-13-0026 and 

the viability and credibility of the confidential source who was providing information to the 

DEA regarding a drug trafficking organization in order to close the DEA file and investigation 

into the organization and shield members and associates of the organization from arrest and 

prosecution. 

All in violation of Title 18, United States Code, Section 1519. 

COUNT 11

(Obstruction of Justice)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 1 are incorporated by reference 

as though set forth fully herein.

2. On or about January 28, 2015, in the Western District of New York, the 

defendant, JOSEPH BONGIOVANNI, did knowingly falsify and make false entries in 

records and documents with intent to impede, obstruct, and influence the investigation and 

proper administration of a matter within the jurisdiction of the Drug Enforcement 

Administration, an agency of the United States, that is, the defendant, JOSEPH 

BONGIOVANNI made false and misleading statements in DEA 6 reports he prepared 

relating to the status of a drug trafficking investigation in DEA Case Number C2-13-0026 and 

the viability and credibility of the confidential source who was providing information to the 

DEA regarding a drug trafficking organization in order to close the DEA file and investigation 

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into the organization and shield members and associates of the organization from arrest and 

prosecution. 

All in violation of Title 18, United States Code, Section 1519. 

COUNT 12

(Obstruction of Justice)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 2 are incorporated by reference 

as though set forth fully herein.

2. On or about November 1, 2018, in the Western District of New York, the 

defendant, JOSEPH BONGIOVANNI, did knowingly falsify and make false entries in a 

record and document with intent to impede, obstruct, and influence the investigation and 

proper administration of a matter within the jurisdiction of the Drug Enforcement 

Administration, Homeland Security Investigations, the Department of Justice, Office of 

Inspector General, and the Federal Bureau of Investigation, agencies of the United States, 

that is, the defendant, JOSEPH BONGIOVANNI, in an investigation regarding the nature 

of the relationship between the defendant and individuals involved in drug trafficking 

activities, including Peter Gerace Jr., and the drug trafficking activities of such individuals,

made false and misleading statements in a memorandum relating to the nature of his 

relationship and extent of his communications with Peter Gerace Jr. in order to cover up, 

mislead, create a false justification for, and misrepresent the true relationship between the 

defendant JOSEPH BONGIOVANNI and Peter Gerace Jr. 

All in violation of Title 18, United States Code, Section 1519. 

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COUNT 13

(Obstruction of Justice)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 2 are incorporated by reference 

as though set forth fully herein.

2. On or about December 10, 2018, in the Western District of New York, the 

defendant, JOSEPH BONGIOVANNI, did knowingly falsify and make false entries in a 

record and document with intent to impede, obstruct, and influence the investigation and 

proper administration of a matter within the jurisdiction of the Drug Enforcement 

Administration, Homeland Security Investigations, the Department of Justice, Office of 

Inspector General, and the Federal Bureau of Investigation, agencies of the United States, 

that is, the defendant, JOSEPH BONGIOVANNI, in an investigation regarding the nature 

of the relationship between the defendant JOSEPH BONGIOVANNI and individuals 

involved in drug trafficking activities, including Peter Gerace Jr., and the drug trafficking 

activities of such individuals, made false and misleading statements in a memorandum 

relating to the nature of his relationship and extent of his communications with Peter Gerace 

Jr. in order to cover up, mislead, create a false justification for, and misrepresent the true 

relationship between the defendant JOSEPH BONGIOVANNI and Peter Gerace Jr.

All in violation of Title 18, United States Code, Section 1519.

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COUNT 14

(Obstruction of Justice)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 2 are incorporated by reference 

as though set forth fully herein.

2. On or about January 28, 2019, in the Western District of New York, the 

defendant, JOSEPH BONGIOVANNI, did knowingly falsify and make false entries in a 

record and document with intent to impede, obstruct, and influence the investigation and 

proper administration of a matter within the jurisdiction of the Drug Enforcement 

Administration, Homeland Security Investigations, the Department of Justice, Office of 

Inspector General, and the Federal Bureau of Investigation, agencies of the United States, 

that is, the defendant, JOSEPH BONGIOVANNI, in an investigation regarding the nature 

of the relationship between the defendant and individuals involved in drug trafficking 

activities, including Peter Gerace Jr., and the drug trafficking activities of such individuals,

made false and misleading statements in a memorandum relating to the nature of his 

relationship and extent of his communications with Peter Gerace Jr., in order to cover up, 

mislead, create a false justification for, and misrepresent the true relationship between the 

defendant JOSEPH BONGIOVANNI and Peter Gerace Jr. and to misrepresent the true 

nature of the relationship between Peter Gerace Jr. and a DEA Special Agent known to the 

Grand Jury.

All in violation of Title 18, United States Code, Section 1519. 

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COUNT 15

(Obstruction of Justice)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Counts 1 and 2 are incorporated by 

reference as though set forth fully herein.

2. Beginning on a date unknown but no later than on or about February 1, 2019, 

to on or about February 8, 2019, in the Western District of New York, the defendant, 

JOSEPH BONGIOVANNI, did knowingly alter, destroy, mutilate and conceal a record and 

tangible object with intent to impede, obstruct, and influence the investigation and proper 

administration of a matter within the jurisdiction of the Drug Enforcement Administration, 

Homeland Security Investigations, the Department of Justice, Office of Inspector General, 

and the Federal Bureau of Investigation, agencies of the United States, that is, the defendant, 

JOSEPH BONGIOVANNI, in an investigation regarding the nature of the relationship 

between the defendant and individuals involved in drug trafficking activities, and the drug 

trafficking activities of such individuals, did cause the contents of, and data on, his DEAissued cellular telephone to be deleted.

All in violation of Title 18, United States Code, Section 1519. 

COUNT 16

(Obstruction of Justice)

The Grand Jury Further Charges That:

1. The allegations of the Introduction and Count 1 are incorporated by reference 

as though set forth fully herein.

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2. Beginning on a date unknown, but no later than on or about February 1, 2019, 

and continuing to on or about June 6, 2019, in the Western District of New York, the 

defendant JOSEPH BONGIOVANNI, did knowingly conceal and cover up records, 

documents, and tangible objects, with intent to impede, obstruct, and influence the 

investigation and proper administration of a matter within the jurisdiction of the Drug 

Enforcement Administration, Homeland Security Investigations, the Department of Justice, 

Office of Inspector General, and the Federal Bureau of Investigation, agencies of the United 

States, that is, the defendant, JOSEPH BONGIOVANNI, in an investigation regarding the 

nature of the relationship between the defendant and individuals involved in drug trafficking 

activities, and the drug trafficking activities of such individuals, did unlawfully take, remove, 

conceal, and store the working file in DEA Case Number C2-13-0026 in his residence.

All in violation of Title 18, United States Code, Section 1519. 

COUNT 17

(False Statements to an Agency of the United States)

The Grand Jury Further Charges That:

On or about March 29, 2019, in the Western District of New York, the defendant, 

JOSEPH BONGIOVANNI, in a matter within the jurisdiction of the executive branch of the 

United States, did willfully and knowingly make materially false, fictitious, and fraudulent 

statements and representations to special agents of the Department of Justice, Office of the 

Inspector General, in that the defendant denied ever witnessing Peter Gerace Jr., consume 

narcotics; the defendant denied that Peter Gerace Jr. ever called him while a staff member or 

customer was actively overdosing at the gentlemen’s club operated by Peter Gerace Jr.; and 

the defendant denied ever initiating contact with Peter Gerace Jr., whereas in truth and in 

fact, and as the defendant then and there well knew, the defendant had witnessed Peter Gerace 

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Jr. consume narcotics; Peter Gerace Jr. did call the defendant while a staff member was 

overdosing; and the defendant did previously initiate contact with Peter Gerace Jr.

All in violation of Title 18, United States Code, Section 1001(a)(2). 

COUNT 18

(False Statements to an Agency of the United States)

The Grand Jury Further Charges That:

On or about June 6, 2019, in the Western District of New York, the defendant, 

JOSEPH BONGIOVANNI, in a matter within the jurisdiction of the executive branch of the 

United States, did willfully and knowingly make materially false, fictitious, and fraudulent 

statements and representations to special agents of the Department of Justice, Office of the 

Inspector General, and Homeland Security Investigations in that the defendant stated as 

follows: 

(i) he denied he was in a close relationship with Peter Gerace Jr.;

(ii) that he had not spoken with defendant Peter Gerace Jr. in over a year; 

(iii) that he had never attended a party with Coconspirator 2, a person known to the 

Grand Jury; 

(iv) that he never socialized with Coconspirator 3, a person known to the Grand Jury, 

and they never went on any trips together; 

(v) that Coconspirator 3’s number was in the defendant’s telephone because 

Coconspirator 3 had done the defendant’s landscaping; 

(vi) that Peter Gerace Jr. once tried to cooperate with the DEA and that the defendant 

recused himself at the time because he knew Peter Gerace Jr. personally; 

(vii) that defendant Peter Gerace Jr. and the defendant were together, with others, a 

few years ago at Lake Erie around the 4th of July by chance encounter; 

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(viii) that he kept the file regarding DEA Case Number C2-13-0026 in his house 

because it was an old case and he thought it would come up again and the defendant wanted 

to verify everything was on the up and up; and

(ix) that Peter Millitello was the source in DEA Case Number C2-13-0026; 

whereas in truth and in fact, and as the defendant then and there well knew,

(i) he did have a close relationship with Peter Gerace Jr.; 

(ii) he had spoken with Peter Gerace Jr. within the preceding year; 

(iii) he did attend a party with Coconspirator 2; 

(iv) he did socialize with Coconspirator 3 and they were on a trip to Toronto, Canada 

together; 

(v) Coconspirator 3’s number was in his telephone for reasons other than landscaping; 

(vi) Peter Gerace Jr. did not try to cooperate with DEA and the defendant did not 

recuse himself; 

(vii) Peter Gerace Jr. and the defendant were not together at Lake Erie around the 4th 

of July a few years ago by chance encounter; 

(viii) he did not keep the file regarding DEA Case Number C2-13-0026 in his house to 

verify everything was on the up and up; and

(ix) Peter Millitello was not the source in DEA Case Number C2-13-0026. 

All in violation of Title 18, United States Code, Section 1001(a)(2). 

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FIRST FORFEITURE ALLEGATION

(Proceeds)

The Grand Jury Alleges That:

Upon conviction of any or all of the offenses set forth in Counts 1, 4 and 5 of this 

Second Superseding Indictment, the defendant, JOSEPH BONGIOVANNI, shall forfeit to 

the United States, any property, real or personal, which constitutes or is derived from proceeds 

traceable to the offense. The property to be forfeited includes, but is not limited to, the 

following:

MONETARY JUDGMENT:

The sum of two hundred and fifty thousand dollars ($250,000), which 

sum is equal to or less than the total amount of proceeds that JOSEPH 

BONGIOVANNI obtained as a result of the offenses for which he is 

charged in Counts 1, 4 and 5. In the event that the above sum is not 

available, then a money judgment for the same amount will be entered 

against the defendant.

If any of the property described above, as a result of any act or omission of the 

defendant;

1. cannot be located upon the exercise of due diligence;

2. has been transferred or sold to, or deposited with, a third person;

3. has been placed beyond the jurisdiction of the Court;

4. has been substantially diminished in value; or

5. has been commingled with other property which cannot be divided 

without difficulty;

the United States of America shall be entitled to forfeiture of substitute property pursuant to 

Title 21, United States Code, Section 853(p), and it is the intent of the United States to seek 

forfeiture of any other property of said defendant up to the value of the monetary judgment.

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All pursuant to Title 18, United States Code, Section 981(a)(1)(C), Title 21, United 

States Code, Section 853(p), and Title 28, United States Code, Section 2461(c).

SECOND FORFEITURE ALLEGATION

(Firearms and Ammunition)

The Grand Jury Further Alleges That:

Upon conviction of any or all counts of this Second Superseding Indictment, the

defendants, JOSEPH BONGIOVANNI, shall forfeit all of his right, title, and interest to the 

United States in any firearms and ammunition involved and used in the commission of the 

offense, or found in their possession or under their immediate control at the time of arrest, 

including, but not limited to:

Seized by law enforcement on or about June 6, 2019 from 85 Alder Place, Kenmore, New 

York:

a. One Glock 23 handgun bearing serial number BNM009U and Glock 23 and 

Glock magazines;

b. Nine rounds of .40 caliber ammunition;

c. One Smith & Wesson 681-2, .357 Magnum handgun bearing serial number 

217X3; and 

d. Four .38 Special rounds of ammunition.

All pursuant to Title 18, United States Code, Sections 924(d) and 3665, and Title 

28, United States Code, Section 2461(c).

THIRD FORFEITURE ALLEGATION

The Grand Jury Further Alleges That:

Upon conviction of either or both of the offenses alleged in Counts 7 and 8 of this 

Second Superseding Indictment, the defendant, PETER GERACE JR., shall forfeit to the 

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United States any property, real or personal, which constitutes or is derived from proceeds 

traceable to the offense of conviction and any property used, or intended to be used, in any 

manner or part, to commit, or to facilitate the commission of said violation, but not limited 

to the following:

A. REAL PROPERTY

a. The premises, buildings, appurtenances, improvements, fixtures, and 

real property and fixtures located at 999 Aero Drive, Cheektowaga, 

New York, and more fully described in a deed filed and recorded in Erie 

County Clerk’s Office, on June 1, 2009 in Book 11162 of Deeds at Page 

6131; and

b. The premises, buildings, appurtenances, improvements, fixtures, and 

real property located at 5145 Lexor Lane, Clarence, New York, and 

more fully described in a deed filed and recorded in Erie County Clerk’s 

Office, on July 27, 2018 in Book 11332 of Deeds at Page 3550.

If the property described above, as a result of any act or omission of the defendant:

(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with, a third person;

(3) has been placed beyond the jurisdiction of the Court;

(4) has been substantially diminished in value; or 

(5) has been commingled with other property which cannot be divided without 

difficulty;

the United States shall be entitled to forfeiture of substitute property pursuant to Title 21, 

United States Code, Section 853(p).

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

853(p).

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FOURTH FORFEITURE ALLEGATION

The Grand Jury Further Alleges That:

Upon conviction of the offense alleged in Count 9 of this Second Superseding 

Indictment, the defendant, PETER GERACE JR., shall forfeit to the United States any 

property, real or personal, which constitutes or is derived from proceeds traceable to the 

offense of conviction and any property used, or intended to be used, in any manner or part, 

to commit, or to facilitate the commission of said violation, but not limited to the following:

A. REAL PROPERTY

a. The premises, buildings, appurtenances, improvements, fixtures, and 

real property located at 999 Aero Drive, Cheektowaga, New York, 

and more fully described in a deed filed and recorded in Erie County 

Clerk’s Office, on June 1, 2009 in Book 11162 of Deeds at Page 6131; 

and

b. The premises, buildings, appurtenances, improvements, fixtures, and 

real property located at 5145 Lexor Lane, Clarence, New York, and 

more fully described in a deed filed and recorded in Erie County Clerk’s 

Office, on July 27, 2018 in Book 11332 of Deeds at Page 3550.

If the property described above, as a result of any act or omission of the defendant:

(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with, a third person;

(3) has been placed beyond the jurisdiction of the Court;

(4) has been substantially diminished in value; or 

(5) has been commingled with other property which cannot be divided without 

difficulty;

the United States shall be entitled to forfeiture of substitute property pursuant to Title 21, 

United States Code, Section 853(p).

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All pursuant to Title 18, United States Code, Sections 1594(d)(1) and 1594(d)(2),

and Title 21, United States Code, Section 853(p).

DATED: Buffalo, New York, February 25, 2021.

JAMES P. KENNEDY, JR.

United States Attorney

BY: S/JOSEPH M. TRIPI

Assistant United States Attorney

United States Attorney’s Office

Western District of New York

138 Delaware Avenue

Buffalo, New York 14202

716/843-5839

joseph.tripi@usdoj.gov

COREY R. AMUNDSON

 Chief

JORDAN DICKSON

 Trial Attorney

United States Department of Justice 

Public Integrity Section

 1331 F Street NW

 Washington, D.C. 20002

 202/597-0508

 jordan.dickson@usdoj.gov

A TRUE BILL:

S/FOREPERSON

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