Benjamin Rivera, Conspiring To Possess With Intent To Distribute Oxycodone And Amphetamine, New York 2018

BUFFALO, N.Y. – A Buffalo man has been sentenced for conspiring with a local doctor to unlawfully obtain drugs.

U.S. Attorney James P. Kennedy, Jr. announced today that 42-year-old Benjamin Rivera, of Buffalo, NY, was sentenced to time served (approximately 28 months) and 12 months of home confinement by U.S. District Judge Lawrence J. Vilardo.

Rivera was convicted of conspiring to possess with intent to distribute, and distributing, oxycodone and amphetamine. Between January 2014, and February 2018, the defendant conspired with Dr. James T. Keefe, Laura Ricotta, and others, to sell oxycodone and amphetamine.

Rivera and Dr. Keefe were associates for several years. For nearly five years, the defendant sold cocaine to Dr. Keefe, who was an active user of cocaine, Adderall, and prescription opiates. In January 2014, Dr. Keefe began issuing prescriptions in the names of Rivera’s relatives and associates to exchange for cocaine from the defendant and to share the prescriptions with the defendant.

In 2015, Rivera introduced Dr. Keefe to co-defendant Laura Ricotta, at which time Dr. Keefe began issuing prescriptions in Ricotta’s name, for his and Ricotta’s personal use.

Rivera received from Dr. Keefe five prescriptions in Rivera’s own name and 17 prescriptions in the names of nine relatives and associates. Neither the defendant nor any of his relatives or associates were patients of Dr. Keefe, and all 22 prescriptions were fraudulently issued without a legitimate medical purpose.

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.

Rivera’s co-defendants, Dr. James T. Keefe and Laura Ricotta, were previously convicted. Dr. Keefe is awaiting sentencing, while Laura Ricotta was sentenced to time served (approximately 15 months).

Defendant: Benjamin Rivera

Criminal Charges: Conspiring to possess with intent to distribute, and distributing, oxycodone and amphetamine

City and State: Buffalo, NY

Exact Date: The investigation took place between January 2014, and February 2018, and Rivera was sentenced in 2018

Sentence or Outcome: Rivera was sentenced to time served (approximately 28 months) and 12 months of home confinement

Related Federal Cases