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AO 91 (Rev.

02/09) Criminal Complaint

n-lmflted States Dflstrf,et Court

for the
Western Disnict of New York

United States of America

Case No. tl-W- QO

Gary Drago


I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

in or about May 19, 2017 and continuing to in or ab ovtMay 20,2017, the defendant did by physical
force, attempt to prevent an individual Iiom communicating with a law enforcement officer, information relating to
the commission or possible commission of a Federal offense, in violation of Title 18, United States Code, Section
15 t2 (2)(C); and
Between in or about May 19, 2017 and continuing to in or about May 20,2017, with the intent to extort
money from an individual, ransmitted in interstate cornmerce, a communication containing a tbreat to injure the
properry or reputation of that individual, in violation of Title 18, United States Code, Section 875(d)'

This Criminal Complaint is based on these facts:

I Continued on the attached sheet

Pinted n@me and title

Swom to before me and signed in my presence.

Date: }rirav J,It.2Ot7

Judge's signature


City and State Bufalo, New York UNITED TES MAGISTRATE E
Plinted afte and title

) SS

I, CHRISTOPHER A. DAILEY, Special Agent of the Federal Bureau of

Investigation, United States Department of Justice, having been duly swom, states as



I am a Special Agent of the Federal Bureau of Investigation (FBI) of the United

States Department of Justice. As such, I am an "investigative or law enforcement officer of

the United States" within the meaning of 18 U.S.C. $ 2510(7), that is, an officer of the

United States who is empowered by law to conduct investigations of and to make arrests for

offenses enumerated in t8 U.S.C. $ 2516.

I make this affidavit in support of a Criminal Complaint charging the defendant with

a violation of Title 18, United States Code, Section 875 (d) @xtortion by means of

threatening communications), and Title 18 United States Code, Seciton 1512 (2)(C) (making

threats of extortion) This affidavit is based upon my knowledge of the investigation and

upon information that I received from law enforcement officials, witnesses, and victims

involved in the case.


1. On May 15, 2017, the FBI received a complaint from a Victim I (hereafter Vl)
stating that DRAGO was engaged in extortion with death threats against Vl and her husband

Victim 2 (V2). The FBI complaint was assigrred to your affiant onMay 17 ,2017.

2. On May 19,2017 at approximately 6:30 a.m., your affiant and Task Force

Officer (TFO) Gregory Conwall, TFO Adam Day, and Special Agent (SA) Thomas Provost

met with Vl andY2 at an undisclosed location. Both Vl and V2 advised your affiant of how

DRAGO has been extorting V2 and his medical practice for approximately 4 years. In sum,

V2 advised that Drago initially asked for smaller amounts of money in the form of loans,

which he never repaid. Eventually, according to V2, DRAGO then forcibly coerced V2 to

enter into a business relationship with DRAGO. Since that time, DRAGO has consistently

abused and threatened V2 and his family, forctngY2 to withdrawal large sums of money for

DRAGO. During this meeting, V2 possessed, what is best described as a yellow legal

notepad, outlining the extortion being commined against V2 by DRAGO. The interview

lasted approximately one hour and thirty minutes. During this meeting, your affiant was

informed that V1 and Y2 had a meeting with the Amherst Police Departrnent the following

day. V1 provided the telephone number of the Detective that Vl andY2 were going to meet

with the following day.

3. A few hours after the initial interview, V1 contacted your affiant asking if Vl

and V2 should meet with the Amherst Police Departrnent the following day. Your affiant

told Vl that they should meet with the Amherst Police Departrnent and inform them of

everything that was stated in the interview from *rat moming.

4. On May 19,2017 at approximately 12:03 p.m., Detective Gilbert from the

Amherst Police Department contacted your affiant and left a voicemail for your affiant to call


5. On May 19,2017 Employee I @1), who v/as present at Meridian Medicine

located at 2821 Wehrle Drive, Williamsville, New York (hereafter "Business"), which is the

employment location of V2 and El. El stated that El overheard a conversation benneen V2

and an unknown individual on the telephone. El stated that El heard the words, "Gary" and

"restraining order". E1 also found the yellow notepad containing the notes that V2 used in

the interview with your affiant from earlier that moming. El then called DRAGO and

informed him about the telephone call El overheard, as well as the content of the yellow

notepad. After the telephone call, El made a copy of V2's notes. When DRAGO arrived at

the Business, El ran the original notes out to DRAGO, who was sining in the parking lot in

his vehicle. El was asked by DRAGO, "Where's Tom?"(referencngV2). DRAGO then

told El, "Don't tell him I'm here." El went inside and ordered all patients in the building

into the reception area, and all employees into the front office arca. El witnessed DRAGO

enter the building, go towards the location of V2, and shortly thereafter, walk out with V2

with his hand on V2's neck, and telling patients in the waiting room something to the effect

that V2 was done seeing patients for the day. El made a copy of these notes, which she later

provided to your amant. These notes appear to be an exact copy of V2's notes that your

affiant previously saw during the first meeting with V2.

6. Employee 2 @2) was present at the Business when DRAGO entered the

Business on May 19,2017 at approximately 2:00 p.m. E2 stated that E1 had moved

employees and patients into designated areas after DRAGO entered the Business. E2 stated

that shortly after entering, DRAGO, with his hand on V2's shoulder, walked V2 out of the

Business. While exiting the Business, E2 stated that DRAGO told the patients that "V2 is

done for the day." As DRAGO was walking V2 out to the vehicle, DRAGO told V2 to "Get

in the fucking carl" E2 stated that V2 looked "ashy" and scared. E2 later stated that E2

believed V2's life was in jeopardy.

7. At approximately 7:40 p.m.i your affiant received a telephone call from Vl

stating that Y2 cal7ed Vl and advised that DRAGO found out that Vl and V2 went to the

Amherst Police Department. Y2 stated that V2 would not be arriving at home that evening

and was threatened by DRAGO and told V2 had to get a room at the Motel 6.

8. Your affiant attempted multiple telephone calls to V2, but without success. At

7:58 p.m. your affiant made contact with V2, who had called. V2 told your affiant that

"Everything is fine" and that the interview from this moming was "all a bunch of lies". V2

stated that Vl was "fucking ctazy" and blew all this up in Vl's head. V2 advised that V2

would not be going home tonight and did not want to speak to law enforcement anymore.

Your affiant asked V2 if V2 was alone who responded, "Yes." Your affiant asked V2 wherc

V2 was located and that your affiant was going to check on the welfare of V2. V2 stated that

Y2 was at the Business, but would not wait for yow affiant, and that V2 had nothing else to

discuss with your affiant or law enforcement and then terminated the call abruptly'

9. At approximately 8:06 p.m., Vl told your affiant that DRAGO was making V2

say those things and that DRAGO was probably with V2. Vl stated that Vl feared for V2's

safety and feared that V2's life was in danger.

10. On May 19,2017, at approximately 9:05 p.m., your affiant along with other

law enforcement conducted a vehicle stop of V2 and DRAGO, who at this time were driving

in separate vehicles. V2 told your affiant that DRAGO "railroaded me" when asked what

was going on. V2 told your affiant that "DRAGO forced me to call you and say that

everything was all right, and that vl made everything up and had me go along with the story. "

V2 stated, "I was in fear of my life and my family's life and I did exactly what he told me to

do. I thought he was going to fucking kill me."

11. On May 20, 2017., Y2 made a swom statement to the Amherst Police

Department that V2 was forcibly taken against V2's will from the Business on May 19,2017 ,

where after entering DRAGO'S car, was threatened and hit with a pistol, spit on, and slapped,

V2 further stated that DRAGO dry fired his pistol at V2's head because DRAGO had found

out that V2 was going to law enforcement. Excerpts from the swom statement are: DRAGO

told V2 that, "we are going for a ride and this is going to be your only chance to live through

this day." During this ride DRAGO produced a yellow pad containing notes that Y2 bad

made about a meeting with the Amherst Police Department that V2 was scheduled to have

the following day. DRAGO told V2, "...and it's this shit that is going to get you killed and

hit me in the face with the notes. " DRAGO had ". . .removed his pistol from his holster which

he keeps concealed on I believe the left side of his body. He removed the pistol and placed it

on his right thigh. After placing the pistol on his thigh he told me 'I dare you to make a move

for that gun, I lnow you won't because you're too much of a pussy, don't even think about

jumping out of the door'. DRAGO picked up his pistol and struck me with the barrel area of

the gun just above my left knee cap maybe 6 or more times during our drive. He also picked

up the pistol and pressed the barrel of the gun to my temple and pulled the trigger. I heard a

clicking noise, but the gun did not fire, he tepeated this to me maybe six times in total as we

drove at different places along the way." While on the way to Lockport, DRAGO told Y2,

"...we were going to see if we could find a way for me to survive today. We drove by the

office of my attomey, A. Angelo DMillo in Lockport. DRAGO stopped here and exited the

car and walked around the back of the office and Ietumed shortly thereafter. We also drove

by the home of DMillo as well." DRAGO and Y2 eventually arrived at DRAGO'S

apartrnent where DRAGO told V2, "tells me to get out of the car and walk ahead of him and

not to seate any disturbance and go right to the front door." Once in his apartrnent, DRAGO

" .. . shuts and bolts the door behind me, he then tells me to walk ovel to a wall in his aparEnent

and forcibly pats me down against the wall and then smacks me in my balls violently.

DRAGO has in the past patted me down like this before I beteve that he was checking me

for recording devices or to see if I was wearing a wire. " DRAGO also stated to V2 " '..he was

not sure what he is going to do about this and he is not sure whether myself or my family

including my extended family in Chicago would live through the day because that is how we

work, we wipe out the lineage. " V2 stated, "... I felt I could not leave his apartment and in

fact if I wanted to leave DRAGO would have physically harmed me, especially since I knew

he still had his pistol. In fact DRAGO has now placed the pistol on the couch directly next

to him, which also made me very fearful that he would use it to harm or kill me. DRAGO

asked me about the legal pad he had taken from my briefcase. He asked me about a note that

I had made with the name of an agent with the FBI, SA Daily. He asked me who the person

was and I told him it was a contact my wife made about many other crimes DRAGO has

committed against that I was to cowardly to make." DRAGO anid Y2 Ieft DRAGO's

residence and travelled back to the Business where DRAGO told V2 to "... tell FBI agent

Dailey that everything is fine and there is no reason for my wife to be speaking to him about

any problems we may have. I felt very threatened that if I did not do this I would be harmed.

I placed a call to Agent Daily and told him ttrat my wife is aazy and that I no longer need

any kind of investigation or protection from DRAGO. In essence I told (SA) Daily that

everything my wife had said about DRAGO was made up, in fact this was a lie as DttAGO

was seated right next to me as I made this phone call. (SA) Dailey said something to me like

he will be to me within twenty minutes. I told DRAGO that we beuer leave or else we will

have questions to answer." At this point DRAGO and V2 enteled sepalate cars and departed

the Business.

12. On May 19, 2017, at approximately 11:41 p'm., DRAGO, who sounded

agitated, contacted V2 via telephone, which was a consensual recorded ca|l. During the

conversation DRAGO repeatedly talks about the Police and the FBI getting involved.

DRAGO asked V2 if he was working for the FBI or the Erie County Sheriffs. V2 stated to

the effect ol No, don't be silly. DRAGO responded to the effect ol Oh don't be silly to a guy

whose got a l:30 appointment tomorrow with a fucking cop talking about me. Y2 told

DRAGO that V2 was not going to go to the meeting. DRAGO responded, Oh really? Is that

what you decided? Gees that's a really good thing isn't it? It's wonderful that you decided

not to go to Orat thing. Later in the call DRAGO suspected that V2 was working with law

enforcement and stated his beliefs, but continued to talk. During some ofthese calls, DRAGO

was verbally abusive, defaming V2 and various members of his family, as well as threatening

to ruin the reputation of V2, his business, and his family. DRAGO also indicated during one

of the calls that if V2 didn't meet with him and give in to his demands, V2 owes him $350,000.

According to V2, the coerced business agreement that DRAGO forced him to previously sign,

calls for V2 to give DRAGO $350,000 if the business anangement ceases.

13. On May 20, 2017 , at approximately 12:48 a.m. a voicemail from DRAGO to

V2 stated, " you want to make appointments with cops? You want to have a meeting

tomorrow at 1:30? You think you kind of wanna, might want to cancel that unquote... "

14. On May 20, 2077 atapproximately 8:09 a.m. a voicemail from DRAGO to V2

stated, ". ..we have a meeting today at noon. You also have a meeting at l:30 that you should

shamefully cancel, as you suggested ... call me up (V2), if you don't call me up, I guess I'll be

coming over to your house today with Ang Damillo. We have some questions for you."

15. On May 20, 2017, the New York State Police, Amherst Police Department,

and FBI arrested DRAGO during a vehicle stop for charges issued in Amherst. During this

stop a Glock .45 pistol was recovered in the glove compartment after NYSP Troopers were

told by DRAGO that he had a weapon and they received verbal consent from DRAGO to

look in the glove compartment. DttAGO has since been charged by the Amherst Police

Department with menacing 2nd, unlawful imprisonment 1", criminal possession of a weapon

with intent to use, and a|g:arl.ated halassment 2"d. DRAGO has also been charged by the

Lancaster Police Department with kidnapping 1".


the Amherst Police Departrnent. During the interview DRAGO discussed numerous

instances previously mentioned in this affidavit. DRAGO did state that he and V2 left the

office in his vehicle on Friday May 19, 20l7,b,at stated that V2 left on V2's own free will.

DRAGO fust denied, but later admitted to having his .45 caliber Glock pistol on his right

thigh approximately thirty seconds to one minute after departing the Business. DRAGO also

admitted that he had driven V2 to Lockport and his personal residence. DRAGO stated that

he was present in the Business when V2 made the phone call to an FBI Agbnt'

|7. on May 23, 2ol7,Elstated to your affiant and SA Sakovics that DRAGo told

El as recent as the week of May 15,2017, that he has files from the office, as well as listening

devices, hearing devices, and recording devices that have been installed in V2's home and

cellular telephone at the Target Location. DRAGO also stated that he has the hard drives

from the surveillance system, which would have captured DRAGO leaving the office on May

19,2ol7 with v2, at his residence. (To date, this information cannot be confirmed).

18. On May 21, 2017, after Y2 and other employees retum to the Business, it is

discovered that a key fob that elecnonically signs medical scripts in V2's name was missing

from the business. During an interview on May 21,2017, E2 stated that E2 saw El leaving

the Business with a computer containing the missing key fob. On May 22,2017 ' E1 stated

that El had left with the key fob, but ran the key fob back into the building and put it in V2's

desk. As of May 24,2017, the key fob has not been found. In an interview with your affiant

on May 23, 2Ol7,El stated that the key fob could be at Target Location. DRAGO called E1

on May 20,2Ol'1 at approximately 12:00 p.m. stating that the "ants were gone in the

Business." El stated that the only way of knowing that would be if DRAGO was at the


to the office Friday night after El left while he was with V2'

19. A subpoena was served on M&T Bank for v2 and DRAGO's personal bank

accounts. Verbal information from M&T Bank provided to SA Sakovics state that DRAGO

currently has approximately $60.00 in his bank account. There are no other known bank

accounts for DRAGO at this time. V2 has told your affiant that DRAGO has been extorting

V2 for approximately four years. V2 advised that many of these threats involved tfueats of

violence to his family, as well as his reputation. V2 was forced by thleat of physical violence

and death many times to withdrawal money from V2's personal bank account for DRAGO'

V2 told your affiant that V2 would often withdrawal up to $1,000 in US currency to give to

DRAGO. Information provided by M&T states that within the last six months, V2's personal

bank account shows numerous large ATM withdrawals (many withdrawals for $1,000),

which total approximately $15,000. DRAGO'S personal bank account within the last six

months show cash deposits totaling $8,850 in cash, not including paychecks received from

work. Some of these deposits into DRAGO account are within days of V2 withdrawing large

sums of cash Iiom V2's personal account.

20. On May 20, 2017, SA Dailey and SA Sakovics interviewed DRAGO who

stated that he only had an M&T Bank personal account. When asked if he had any other

income besides employment paychecks, DRAGO responded, "No."

WHEREFORE, based on the foregoing, I believe that there is probable cause to

believe that GARY DRAGO violated Title 18 United States Code Section 1512 (2)(C)

(Tampering with a Witness/Victim) and Title 18, United States Code, Section 875 (d)

(Extortion by means of threatening communications).

Special Agent
Federal Bureau of Investigatron

Subscribed and swom to before me

thiscfi*day of May, 2017 .

U nl States trate Judge