DOJ Seal

Department of Justice

U.S. Attorney's Office
Western District of New York

For Immediate Release

Tuesday, March 27, 2018
James P. Kennedy, Jr.
, United States Attorney
Contact: Barbara Burns


Buffalo, N.Y.–U.S. Attorney James P. Kennedy, Jr. announced today that Derek

Fagan, 33, of Wellsville, NY, who was convicted of conspiracy to manufacture, possess with intent to distribute, and to distribute, a mixture and substance containing methamphetamine, was sentenced to 30 months in prison by U.S. District Judge Lawrence J. Vilardo.


Assistant U.S. Attorney Brendan T. Cullinane, who handling the case, stated that between January of 2011 and October 25, 2012, the defendant conspired to manufacture and distribute methamphetamine. In order to avoid restrictions on the purchase of pseudoephedrine, an important chemical in the methamphetamine manufacturing process, Fagan engaged in the practice of “smurfing” (buying small quantities) at local pharmacies.


The sentencing is the culmination of an investigation on the part of the Drug

Enforcement Administration, under the direction of Special Agent-in-Charge James J.

Hunt, New York Field Division; the New York State Police Community Narcotics

Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major

Mary Clark; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Region; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain John Burke.

New York Field Division