Erie County District Attorney John J. Flynn announces that 45-year-old Rico D. Small of Buffalo pleaded guilty this morning before Erie County Court Judge Kenneth Case to one count of Enterprise Corruption (Class “B” felony). The defendant pleaded guilty to the highest sustainable charge.

Today, the defendant admitted to being a member of a local organized retail theft ring. Small participated in a pattern of criminal activity by overseeing the operation of the group and employing other individuals to steal items from various retailers throughout Erie County in exchange for financial compensation. Small, who acted in concert with other individuals, sold the stolen merchandise for a profit. The group is believed to be responsible for numerous thefts countywide that occurred between October 2022 through September 2023 with an estimated total loss of approximately $70,000.

Small faces a maximum of 25 years in prison when he is sentenced on Wednesday, March 6, 2024 at 9:30 a.m. He was held on bail set at $200,000 cash or bond. 

“Theft is financial devastating for retailers, especially local small business owners. In addition to the negative economic impact for businesses and our community, I am deeply concerned about the serious threat that these thieves pose to the safety of store employees and customers. I want the residents of Erie County to know that retail crime with not be tolerated. Anyone who engages in organized retail crime will be prosecuted to the fullest extent of the law,” said Erie County DA John Flynn

DA Flynn commends Detective Chris Lovallo of the Cheektowaga Police Department and the numerous members of the New York State Police, Buffalo Police Department, Cheektowaga Police Department and the Town of Hamburg Police Department for their work in this ongoing investigation.  

The case is being prosecuted by Chief Gary M. Ertel of the Special Investigations and Prosecutions Bureau.