United States Drug Enforcement Administration

NEW YORK CITY – Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and U.S. Drug Enforcement Administration, New York Division Special Agent in Charge Ray Donovan, announced that Frank Moss, a/k/a “Jigga,” a Poughkeepsie drug dealer whose fentanyl led to the overdose deaths of two women, was sentenced to almost 22 years in prison, and Arnold Melendez, a/k/a “Frankie,” another Poughkeepsie drug dealer whose fentanyl led to the overdose deaths of two men, was sentenced to almost 16 years in prison, following their pleas of guilty to conspiracy to distribute and possess with the intent to distribute fentanyl.  Moss and Melendez were sentenced on Jan. 29, 2020, by U.S. District Judge Kenneth M. Karas and U.S. District Judge Vincent L. Briccetti, respectively.

According to the allegations in the Information to which Moss pled guilty, public court filings, and statements made in court:

Beginning in February 2017 – right after being released from prison – Moss agreed with others to sell fentanyl.  By August 2017, Moss was selling mixtures of fentanyl with the stamp “Go Time.”  However, he switched to selling fentanyl with the stamp “No Days Off.”  Moss knew that “No Days Off” contained pure fentanyl, even warning one of his co-conspirators.  One of Moss’s co-conspirators learned that people – including himself – were overdosing on “No Days Off” and warned Moss that people were “falling out,” which is a street term for overdosing.  Moss replied, “That’s what the people want.”

Not having heeded the warning, Moss continued to sell “No Days Off.”  Two of his customers, Aracelis Batista and Julie Mach, overdosed and died in August 2017 as a result of using Moss’s fentanyl.

According to the allegations in the Information, to which Melendez pled guilty, public court filings, and statements made in court:

Beginning no later than December 2017 – the month after his most recent release from prison Melendez began selling fentanyl to customers in Poughkeepsie, New York, some of which he misrepresented to be heroin.  On multiple occasions, Melendez’s customers told Melendez that users of his drugs were overdosing, and Melendez continued to sell fentanyl.  On at least one occasion, one of Melendez’s customers told Melendez, in substance and in part, that “his sh*t was killing people,” and Melendez responded, in substance and in part, that “I don’t give a sh*t, it’s not my problem.”

Several of Melendez’s customers – whether direct customers or customers of others who purchased drugs from Melendez – overdosed on Melendez’s drugs, but survived after the administration of naloxone.  Two indirect customers – that is, customers of others who purchased drugs from Melendez – overdosed and died after taking Melendez’s drugs.

The Melendez and Moss cases are unrelated.

In addition to his prison term, Moss was ordered to serve five years of supervised release, and to forfeit $50,000 in criminal proceeds.

In addition to his prison term, Melendez was ordered to serve five years of supervised release, and to forfeit $20,395 in criminal proceeds, as well as his right to a loaded firearm found at the time of his arrest.

Mr. Berman thanked the DEA Westchester Resident Office’s Tactical Diversion Squad and the Dutchess County Drug Task Force.  The DEA’s Westchester RO is comprised of agents and officers of the Westchester County Police Department, Town of Orangetown Police Department, Rockland County Sheriff’s Office, Yonkers Police Department, New Windsor Police Department, and Putnam County Sheriff’s Office. The Dutchess County Drug Task Force consists of the Dutchess County Sheriff’s Office, the City of Beacon Police Department, the Town of East Fishkill Police Department, the City of Poughkeepsie Police Department, the Town of Poughkeepsie Police Department, and the Town of Hyde Park Police Department – for their outstanding work on the investigations.  This case is being handled by the Office’s White Plains Division.  Assistant United States Attorney Michael D. Maimin is in charge of the prosecutions.