United States Drug Enforcement Administration

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. and U.S. Drug Enforcement Administration Special Agent in Charge Ray Donovan, New York Division announced today that Robert Moore, 43, of Buffalo, NY, who was convicted of distribution of fentanyl causing death, was sentenced to serve 270 months in prison by U.S. District Judge Lawrence J. Vilardo.

Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between February 2015 and March 16, 2017, the defendant worked with his brother Reese Moore, Kevin Abernathy, Joshua Levine, and others to distribute heroin and fentanyl in the City of Buffalo and surrounding suburbs. Robert Moore used cell phones to schedule meetings in and around Buffalo where he personally distributed quantities of heroin and fentanyl. When the defendant was not available, he sent co-defendants Reese Moore and Kevin Abernathy to sell the heroin and fentanyl to customers. Joshua Levine was a customer of Robert Moore who used the heroin and fentanyl, but also re-distributed quantities for profit to other users.

Robert Moore pleaded guilty to selling the heroin and fentanyl that caused the death of one individual, but he also admitted to selling the heroin and fentanyl that led to the overdose deaths of four other individuals.    

• On May 15, 2015, defendant Moore distributed heroin and fentanyl to another individual who used the heroin and fentanyl with J.J., and J.J. died as a result of ingesting the heroin and fentanyl defendant Moore supplied.
• On March 12, 2016, defendant Moore distributed heroin and fentanyl to others, who provided it to S.S. S.S. used the heroin and fentanyl and died as a result of using the heroin and fentanyl defendant Moore supplied.
• On March 15, 2016, defendant Moore distributed fentanyl to others, who provided it to J.P. J.P. used the fentanyl and died as a result of using the fentanyl defendant Moore supplied.
• On January 8, 2017, defendant Moore distributed fentanyl to another person, who provided it to C.G. C.G. used the fentanyl and died as a result of using the fentanyl defendant Moore supplied.
• On February 18, 2017, defendant Moore distributed heroin and fentanyl to Joshua Levine who distributed a quantity of the heroin and fentanyl to B.G. B.G. used the heroin and fentanyl and died as a result of using the heroin and fentanyl supplied by defendant Moore and Joshua Levine.

On November 27, 2015, Robert Moore’s vehicle was stopped by Buffalo Police. Officers seized 15 bags of heroin and seven bags of butyryl and $1000 in U.S. currency. During the course of the investigation, law enforcement officers from the Amherst, Lancaster, and the Buffalo Police Departments, and the New York State Police and DEA, conducted 11 controlled purchases of fentanyl and butyryl fentanyl from Robert Moore.

Robert Moore was arrested on March 16, 2017, at which time law enforcement officers searched his residence on Glenwood Drive in Williamsville, NY.  Investigators seized 202 bags of fentanyl and numerous cellular telephones, including the cell phone Kevin Abernathy used to make sales of heroin and fentanyl to Robert Moore's customers.  The search also resulted in the seizure of items the defendant obtained as a result of his heroin and fentanyl distribution activities, including assorted valuable pieces of jewelry and a 2009 Audi S5 Quattro.  Moore has forfeited the jewelry, valued at over $450,000, seized during the search of his residence, and the 2009 Audi Quattro.  In addition, he will pay a $100,000 money judgement. 

Reese Moore, Kevin Abernathy, and Joshua Levin were previously convicted and are awaiting sentencing.

The sentencing is the result of an investigation by the DEA Buffalo District Office; the Amherst Police Department; the New York State Police Community Narcotics Enforcement Team (CNET); the Lancaster Police Department; the Buffalo Police Department Narcotics Squad; the Lockport Police Department; the Depew Police Department; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force; the Erie County Sherriff’s Office; and Immigration and Customs Enforcement, Homeland Security Investigations.