Buffalo, N.Y.-(WKBW-Release U.S. Atty)
Assistant U.S. Attorney Robert C. Moscati, who is handling the case, stated that the defendants lied to FBI agents conducting an investigation into the attempted derailment of an Amtrak passenger train near Irving, New York on July 5, 2010. Phillips and Seneca were questioned concerning the whereabouts of suspects on July 4 and 5, 2010. They were asked specifically whether they and the suspects had attended a party on July 4 and 5 in Silver Creek, New York, near the scene of the attempted derailment. The defendants denied being present at the party. Subsequent investigation determined both they and the suspects were in fact at the party.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation under the direction of Special Agent in Charge James H. Robertson, the New York State Police under the direction of Major Christopher Cummings, Amtrak Police and CSX Police.
Sentencing is scheduled for June 1, 2011 at 12:30 p.m. EST, in Buffalo, N.Y., before Judge Arcara.