Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Medical Doctor to Pay $40,800 to Resolve Civil Liability for Alleged Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dr. Ahmed Khan has agreed to pay the United States $40,800 to resolve civil liability for alleged violations of the False Claims Act.
According to United States Attorney, John C. Gurganus, between 2019 and 2020, Dr. Khan accepted consultation fees for ordering Durable Medical Equipment (DME) and topical pain creams for patients with whom he did not have an established provider-patient relationship. He authorized orders for pre-selected products without any physical examination of the patients. In many instances, Dr. Khan had no interaction at all with the patients, and in some instances, he had only a brief phone call. Dr. Khan approved and signed orders for medically unnecessary DME (such as knee braces) and topical pain creams, in exchange for a small fee per patient from a third-party marketing company. As the prescribing physician, Dr. Khan played a key role in a larger telemedicine scheme that resulted in Medicare paying hundreds of thousands of dollars to DME companies and pharmacies for unnecessary products.
This Settlement Agreement is neither an admission of liability by Dr. Khan, nor is it a concession by the United States that its claims are not well founded.
The investigation was handled by Assistant United States Attorney, Tamara Haken, and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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Gettysburg Man Serving Life Sentence for Murdering A Witness Denied Compassionate ReleaseRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Willie Tyler, age 70, formerly of Gettysburg, Pennsylvania, was denied compassionate release today by U.S. District Court Judge Christopher C. Conner. Tyler is currently serving a life sentence for witness tampering by murder.
According to United States Attorney John C. Gurganus, Tyler participated in the brutal murder of a law enforcement confidential informant from the Carlisle area in 1992. The victim was scheduled to testify in Cumberland County Court against David Tyler, the brother of the defendant, on the day of her murder. Willie Tyler planned to murder the victim, along with four other individuals, who were convicted for their role in the murder in previous federal and state court proceedings.
Tyler was first tried in state court in 1994, and acquitted of the murder. The case was then adopted for federal prosecution, and Tyler was convicted by a federal jury trial in 1996. The U.S. Court of Appeals for the Third Circuit overturned Tyler’s conviction, and he was convicted again following a re-trial in 2000. In 2013, the Third Circuit overturned the 2000 conviction in light of a change in the law and remanded the case to the district court for a new trial. Tyler was then tried and convicted for the third time in July 2017. The jury returned its verdict after only two hours of deliberation following a four-day trial.
In February 2018, the trial judge vacated the jury’s verdict, concluding that there was insufficient evidence to support the convictions. The government appealed, and in April 2020, the Third Circuit reversed the trial judge’s decision and remanded with instructions to reinstate the jury’s verdict and proceed to sentencing. Tyler then petitioned the United States Supreme Court to review the Third Circuit’s decision, but the Court denied his petition in May 2021. Tyler was sentenced to life in prison in June 2021.
Federal law permits federal prisoners to seek a sentence reduction and immediate release—commonly called compassionate release—if they can establish extraordinary and compelling reasons. In today’s ruling, Judge Conner found that Tyler failed to make that showing. Judge Conner also concluded that other factors did not support Tyler’s release, explaining that “Tyler is serving a congressionally mandated life sentence for his role in the brutal murder” of a witness.
The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, and the Pennsylvania State Police with cooperation from the Carlisle Police Department. The case was previously prosecuted by former Assistant United States Attorneys Gordon A. Zubrod and Chelsea Schinnour and Assistant United States Attorney Joseph J. Terz. Assistant United States Attorney Carlo D. Marchioli handled the most recent litigation.
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Scranton Man Sentenced to 42 Months’ Imprisonment for Committing Aggravated Identity Theft While Serving A Term of Federal Supervised ReleaseRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Cagle, age 57, of Scranton, Pennsylvania, was sentenced on April 4, 2022, to 24 months’ imprisonment to be followed by a 1-year term of supervised release, by United States District Court Judge Robert D. Mariani, for Aggravated Identity Theft. Because Cagle engaged in this new criminal conduct while serving a prior term of federal supervised release, Judge Mariani also sentenced Cagle to a consecutive 18 months’ imprisonment for the supervised release violation, resulting in a total, aggregate sentence of 42 months’ imprisonment.
According to United States Attorney John C. Gurganus, on December 4, 2019, Cagle used the personal identification information of a Florida man to open a line of credit in the victim’s name in an attempt to purchase a cellular phone plan. Cagle engaged in this conduct while he was serving a term of federal supervised release that had been imposed in connection with similar identity theft and fraud offenses committed by Cagle in 2014.
This case was investigated by the Federal Bureau of Investigation (FBI) – Philadelphia Division and the Wilkes-Barre Township Police Department. Assistant United States Attorney Jeffery St. John prosecuted the case.
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Previously Deported Guatemalan Man Sentenced to 28 Days’ Imprisonment for Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 5, 2022, Baudilio Jimenez-Canan, age 30, was sentenced to time served of 28 days of imprisonment and 1 year of supervised release, by United States District Court Judge Christopher C. Conner for illegal re-entry of a previously deported alien.
According to United States Attorney John C. Gurganus, Jimenez-Canan pleaded guilty to having illegally reentered the United States sometime after his last removal in October 2019. He was encountered in the United States on March 4, 2022, in York County, Pennsylvania, pursuant to a York County Sheriff’s arrest on an outstanding Delaware County, PA, DUI warrant. It is expected he will be removed to Guatemala upon completion of his sentence and the resolution of unrelated criminal charges.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and was prosecuted by Assistant United States Attorney Joanne M. Sanderson.
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Lancaster County Woman Charged with Theft of Government FundsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sally Schrom, age 66, of Mountville, Pennsylvania, was charged in a criminal information with theft of government funds.
According to United States Attorney John C. Gurganus, the information alleges that between April 2017 and November 2019, Schrom unlawfully received federal military retirement benefits and federal civilian retirement benefits that were meant for another individual. The benefits totaled over $73,000.
“Every dollar stolen from the U.S Government's retirement coffers is one less dollar available for legitimate beneficiaries," stated Patrick J. Hegarty, Special Agent-in-Charge of the Defense Criminal Investigative Service's (DCIS) Northeast Field Office. “DCIS commends the efforts of our partners at the U.S. Attorney’s Office for the Middle District of Pennsylvania, the Naval Criminal Investigative Service, and the Defense Finance and Accounting Service, for protecting the interests of those who served our country."
“Ms. Schrom’s criminal actions to receive military retirement benefits and federal civilian retirement benefits intended for a family member who passed away wasted valuable taxpayer money that should have been used to support the many military and federal civilian retirees who dedicated their lives to public service,” said NCIS Special Agent in Charge Michael T. Wiest of the NCIS Northeast Field Office. “NCIS and our law enforcement partners remain committed to rooting out theft and corruption that threatens the wellbeing of our Department of the Navy family.”
The case was investigated by the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, the Defense Finance Accounting Service, and the Manheim Township Police Department. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Former Correctional Officer Sentenced for Smuggling Cellphones into Dauphin County PrisonRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kyle Bower, age 32, of Harrisburg, Pennsylvania, was sentenced on April 4, 2022, to 2 months’ imprisonment to be followed by 2 months of home detention by United States District Court Judge Christopher C. Conner for smuggling cellular telephones into Dauphin County Prison.
According to United States Attorney John C. Gurganus, Bower was a correctional officer at Dauphin County Prison when he agreed to smuggle cellphones into the prison for money on behalf of inmates. Between October 2015 and January 2016, he smuggled phones into the prison for inmates and was paid hundreds of dollars for each phone.
This case was investigated by the Federal Bureau of Investigation (FBI) and the Dauphin County Criminal Investigation Division. Assistant U.S. Attorney Michael Consiglio prosecuted the case.
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Northumberland County Man Sentenced for Violating Toxic Substance Control ActRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 31, 2022, Dennis Morgan, age 75, of Northumberland County, Pennsylvania, was sentenced to one year of probation by Magistrate Judge William I. Arbuckle for a violation of the Toxic Substances Control Act.
According to United States Attorney John C. Gurganus, Morgan failed to provide a lead hazard pamphlet as required by the Code of Federal Regulations in violation of the Toxic Substances Control Act to lessees of a property that he owned in Sunbury, Pennsylvania, who resided there from August 2018 to October 2019. The residence was found to contain excessive lead hazards. A child living at the residence during that time was found to have elevated blood levels of lead in his body.
At the sentencing hearing, Dr. Kristen Keteles, a toxicologist employed by the Environmental Protection Agency (“EPA”), testified to why children are vulnerable to lead poisoning and the dangers that elevated lead levels pose to their healthy development.
“The defendant’s lack of responsibility to properly inform his tenants of the hazards of lead resulted in a child with elevated blood lead levels,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in Pennsylvania. “Elevated blood levels can cause developmental problems in children. EPA is committed to protecting the health of our communities and our children, and to holding responsible parties accountable.”
The investigation was conducted by agents of the Environmental Protection Agency. Assistant United States Attorney Alisan V. Martin and EPA Special Assistant United States Attorney Patricia C. Miller prosecuted the case.
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New York Man Pleads Guilty to Firearm OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Walik Skeete, age 45, of Binghamton, New York, pleaded guilty before U.S. District Court Judge Robert D. Mariani, on March 31, 2022, to being a convicted felon in possession of a firearm and ammunition.
According to United States Attorney John Gurganus, the charge stems from an incident in which members of the Pennsylvania State Police stopped Skeete’s vehicle in Susquehanna County for vehicle code violations and subsequently located a loaded Beretta 9mm pistol in Skeete’s vehicle. Skeete has prior felony convictions and is therefore prohibited from possessing a firearm or ammunition.
Judge Mariani ordered that a presentence investigation take place. Sentencing will be scheduled at a later date.
The investigation was conducted by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco and Firearms (ATF). Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Wilkes-Barre Men Sentenced for Fentanyl TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge Robert D. Mariani sentenced James Garris, Jr., age 52, to 14 years’ imprisonment, and Emilio Tejeda, age 33, to 57 months’ imprisonment, for fentanyl trafficking offenses. Both men were residents of Wilkes-Barre, Pennsylvania, prior to being incarcerated on the instant offenses.
According to United States Attorney John C. Gurganus, James Garris, Jr. previously pleaded guilty to distributing fentanyl that resulted in death. On September 19, 2019, Garris distributed fentanyl to James Tindol, Jr., who subsequently distributed the fentanyl to an individual identified as A.V. Shortly after ingesting the fentanyl, A.V. overdosed and died. Garris served as a drug dealer in a drug trafficking organization run by brothers Edwin Tejeda and Jose Raymer Tejeda.
Emilio Tejeda, a third brother, served as a courier in the drug trafficking organization. Emilio Tejeda previously pleaded guilty to conspiring to distribute between 400 grams and 1.2 kilograms of fentanyl, which is the equivalent of approximately 200,000 to 600,000 potentially lethal individual doses of fentanyl. Emilio Tejeda also forfeited a firearm and ammunition that were seized during the investigation.
In addition to James Garris, Jr. and Emilio Tejeda, five other Luzerne County men have been charged and convicted in the broader investigation, for various fentanyl, cocaine, and tramadol trafficking offenses, including fentanyl trafficking that resulted in death:
- James Tindol, Jr., age 38, of Nanticoke, Pennsylvania, was sentenced to 120 months of imprisonment after pleading guilty to distributing fentanyl that resulted in death;
- Edwin Tejeda, age 31, formerly of Wilkes-Barre, Pennsylvania and the Dominican Republic, pleaded guilty to conspiring to distribute cocaine and fentanyl, which resulted in death, and awaits sentencing;
- Jose Raymer Tejeda, age 37, formerly of Wilkes-Barre, Pennsylvania, pleaded guilty to conspiring to distribute cocaine and fentanyl, which resulted in death, and awaits sentencing;
- Kearon Brinson, age 41, formerly of West Nanticoke, Pennsylvania, pleaded guilty to conspiring to distribute fentanyl and marijuana, and awaits sentencing; and
- Lamont Hubbard, age 50, formerly of Plymouth, Pennsylvania, pleaded guilty to conspiring to distribute fentanyl and marijuana, and awaits sentencing.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne Country Drug Task Force, and the Kingston Police Department. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Rochester Man Sentenced to 10 Years’ Imprisonment in Multi-Million Dollar Nationwide Ponzi SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Law, age 43, of Rochester, New York, was sentenced to 10 years’ imprisonment and ordered to pay $1.3 million in restitution by United States District Court Judge Malachy E. Mannion for his role in a national Ponzi scheme.
According to United States Attorney John C. Gurganus, Law previously pleaded guilty to conspiring to commit mail fraud, wire fraud, and bank fraud in connection with a Ponzi scheme that netted over $115 million and resulted in more than $70 million in losses to victims, some of whom were located in the Middle District of Pennsylvania. Law conspired with Perry Santillo, also of Rochester, New York, who also previously admitted his role in the scheme and was recently sentenced in New York to serve 210 months’ imprisonment. Santillo is awaiting sentencing in the Middle District of Pennsylvania.
Santillo and Law offered and sold securities to the public and provided investment advice to customers around the country. Law operated what purported to be legitimate investment advisory business in Scotrun, Pennsylvania. Law and Santillo admitted that the Scotrun business was fraudulent and operated as a Ponzi scheme where the fraudsters misappropriated substantial amounts of the investor’s funds and used the remaining funds to pay off investors who requested withdrawals from their accounts. The Scotrun operation, one of many operated by Santillo, used various business names, including Advice and Life Group, Poconos Investments, First American Securities, and Financial Planners Group of America.
As part of the scheme, Santillo and others travelled the country and bought books of business from investment professionals such as registered representatives and investment advisors. The Scotrun business was purchased from Anthony Diaz in 2015. Coincidentally, Diaz was convicted of perpetrating an entirely different fraudulent investment scheme and was sentenced by Judge Mannion to serve 210 months’ imprisonment on March 26, 2021. Many of the customers defrauded by Santillo and Law were previously defrauded by Diaz.
The case was investigated by the U.S. Federal Bureau of Investigations; the Securities and Exchange Commission; United States Postal Inspection Service; the Internal Revenue Service, Criminal Investigation Division; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud; the New York State Department of Financial Services; and the Harrisburg Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
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Pocono Lakes Woman Sentenced for Threat to DoctorRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lorena Keglic, age 50, of Monroe County, Pennsylvania, was sentenced today to time served of two months in prison and two years of supervised release by United States District Court Judge Malachy E. Mannion for making a threat in interstate commerce.
According to United States Attorney John C. Gurganus, Keglic was indicted by a grand jury in Omaha, Nebraska, on January 23, 2020. Keglic was charged with making a threatening telephone call from Pennsylvania, where she resides, to a victim in Bellvue, Nebraska. Keglic called an abortion clinic and left a voice message for a doctor, threatening to come after the doctor and his family and cut them to pieces. Keglic’s case was transferred to the Middle District of Pennsylvania after she signed an agreement to plead guilty. She entered her guilty plea on August 3, 2021, in Scranton.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sean A. Camoni prosecuted the case.
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Monroe County Man Sentenced for Drug DistributionRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian T. Labar, age 45, of East Stroudsburg, Pennsylvania, was sentenced today to 70 months’ imprisonment to be followed by 4 years of supervised release by U.S. District Court Judge Malachy E. Mannion for distribution of 50 grams or more of methamphetamine.
According to United States Attorney John C. Gurganus, Labar previously admitted that he distributed one half pound of crystal methamphetamine for $3,350. Labar was arrested by authorities after he and another individual delivered the methamphetamine to a confidential informant on December 13, 2019, in the parking lot of the Eagle Valley Mall, Stroud Township, Pennsylvania.
The case was investigated by the DEA and the Pennsylvania State Police. Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Former Cressona Borough Treasurer Sentenced to 15 Months in Prison for Tax EvasionRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Erin Hossler, age 52, of Pottsville, Pennsylvania, was sentenced on March 24, 2022, to 15 months’ imprisonment by United States District Court Judge Robert D. Mariani for tax evasion. She was also ordered to pay $153,539.70 in restitution to the IRS.
According to United States Attorney John C. Gurganus, Hossler stole hundreds of thousands of dollars from Cressona Borough, where she previously worked as Secretary/Treasurer and failed to file income tax returns during the years 2015, 2016, and 2017. Hossler misappropriated the funds in a number of ways, including having numerous checks issued to herself, forging signatures on checks, and using online banking for the borough’s bank accounts to pay her personal bills. To conceal her activities, Hossler altered federal records and withheld payment of federal employment taxes for Cressona Borough employees. Hossler also altered an audit from an independent accounting firm to make it appear that the firm approved of the borough’s finances.
In 2019, Hossler was charged in state court for these theft offenses and, served a state prison sentence of 12 months to 24 months in state prison for the state crimes. Hossler pleaded guilty to the federal tax evasion charges in July 2021, after she completed her state sentence.
Hossler asked Judge Mariani for a reduced federal sentence because of the punishment she received in state court. Judge Mariani found that while Hossler had been punished in state court for that part of her crimes, she had not been punished for evading United States’ taxes and that 15 months in federal prison was warranted.
The case was investigated by the IRS Criminal Investigation and is assigned to Assistant U.S. Attorney Michael Consiglio for prosecution.
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Federal Inmate Sentenced for Possessing Weapon at USP AllenwoodRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 31, 2022, federal inmate Ellis Gene Battle, Jr., age 42, was sentenced to 27 months’ imprisonment by United States District Court Chief Judge Matthew W. Brann for possessing a weapon in prison. Battle’s sentence was ordered to run consecutively to his previous federal sentences for possessing a firearm as a felon and possessing a weapon in prison.
According to United States Attorney John C. Gurganus, on January 31, 2020, officers at the United States Penitentiary, Allenwood, in White Deer, Pennsylvania, observed Battle fighting a fellow inmate. Battle disregarded commands to stop, and then ran to a cell where he attempted to dispose of a 7.5-inch sharpened piece of metal, commonly referred to as a “shank.”
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Geoffrey W. MacArthur prosecuted the case.
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Federal Inmate Sentenced for Possessing A Weapon at FCI SchuylkillRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Savon Bagby, age 25, a Federal inmate at the Schuylkill Federal Correctional Institution, was sentenced on March 31, 2022, to a year in prison by U.S. District Court Judge Robert D. Mariani for possession of a weapon.
According to United States Attorney John C. Gurganus, Bagby was serving a sentence at FCI Schuylkill for a racketeering conspiracy when he was found to be in possession of two five-inch metal rods sharpened to a point, commonly referred to as “shanks.” Bagby’s sentence will be served consecutively to his previous conviction.
The case was investigated by the FBI and the Federal Bureau of Prisons. Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.
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York Man Charged with Escape After Absconding from Residential Reentry Center in ScrantonRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Manuel Maldonado-Martinez, age 33, of York, PA, was indicted on March 29, 2022, by a federal grand jury for the crime of Escape.
According to United States Attorney John C. Gurganus, the indictment alleges that on March 9, 2022, while still serving a federal sentence imposed in connection with a prior federal conviction, Maldonado-Martinez escaped from custody by failing to return to the Scranton Pavilion Residential Reentry Center after having earlier left the halfway house on a work furlough.
This matter was investigated by the United States Marshals Service. Assistant United States Attorney Jeffery St John is prosecuting the case.
The maximum penalty under federal law for these offenses is 5 years’ imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Two Federal Inmates Sentenced for Possessing Cellphones in PrisonRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 29, 2022, federal inmates Ralph Hooper, age 43, and Jordan Reid, age 29, entered guilty pleas before U.S. Magistrate Judge William I. Arbuckle to possessing cellphones in the United States Penitentiary, Lewisburg (USP Lewisburg), Lewisburg, PA. After accepting their guilty pleas, Magistrate Arbuckle sentenced both inmates. Hooper received 2 months’ imprisonment to run consecutive to his 128-month sentence for his participation in an interstate heroin and cocaine drug trafficking organization. Reid received 1 month of imprisonment to run consecutive to his 75-month prison sentence for possessing a firearm as a felon and in furtherance of drug trafficking.
Federal law prohibits inmates from possessing cellphones due to the institutional security risks posed by their use.
The Federal Bureau of Prisons and the Federal Bureau of Investigation investigated the cases. Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Geoffrey W. MacArthur prosecuted the cases.
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Effort Man Charged with Distribution of Fentanyl Resulting in DeathRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania has announced that Matthew Luce, a/k/a “Luck,” age 36, of Effort, Pennsylvania, was indicted by a federal grand jury and charged with drug distribution resulting in death.
According to United States Attorney John C. Gurganus, the indictment alleges that Luce knowingly and intentionally distributed a quantity of fentanyl on February 6, 2021, in Monroe County, resulting in the death of a person.
The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, the Monroe County District Attorney’s Office, the Hunterdon County Prosecutor’s Office (NJ), the Clinton Police Department (NJ), and the Pennsylvania State Police. Assistant U.S. Attorney James M. Buchanan is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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York Woman Pleads Guilty to Money LaunderingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Melinda Bixler, age 49, of York, Pennsylvania, entered a plea of guilty before Judge Sylvia H. Rambo of the U.S. District Court for the Middle District of Pennsylvania to one count of engaging in monetary transactions in property derived from unlawful activity.
According to United States Attorney John C. Gurganus, Bixler operated two businesses—one a for-profit company called Elder Healthcare Solutions; the other a non-profit company called Adult Care Advocates—providing services to elderly clients who resided in the Middle District of Pennsylvania and elsewhere. Both businesses operated from an office location at 4070 W. Market St. in York, PA.
Bixler purchased a home in York, PA for $685,000 using money that she had obtained through various unlawful means. Bixler obtained a mortgage loan for the purchase of her home by submitting multiple false statements to York Traditions Bank. These false statements included a forged letter from the owners of a business property that Bixler had previously purchased stating that she no longer owed money to the prior owners, when in fact she was still making monthly payments on it. Bixler also obtained a false gift letter from a third party wherein that third party stated that he was gifting Bixler $350,000 from his own personal funds when Bixler actually funneled money to that third party through a series of transactions that disguised the true sources of the funds. One source of these funds was $78,000 that Bixler took from the bank account of M.H., a 94-year-old woman residing at a nursing home in Lancaster County, Pennsylvania. Bixler was then the power of attorney for M.H., and she therefore had access to the elderly client’s bank account.
Bixler agreed to pay a total of $147,882 to three former clients from whom she misappropriated funds; victims M.H, G.E. and E.P. Bixler also agreed to forfeit the property at 4070 W. Market St., along with $129,357.01, the balance in a bank account belonging to Adult Care Advocates. Finally, Bixler agreed to resign her positions with both Elder Healthcare Solutions and Adult Care Advocates.
The case was investigated by Internal Revenue Service Criminal Investigation, Federal Bureau of Investigation, York County District Attorney’s Office, York County Area Agency on Aging, and the Pennsylvania Department of Aging, Protective Services Office. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
The maximum penalty for this offense under federal law is 10 years’ imprisonment. This charge may also carry a fine and a term of supervised release following imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Former Monroe County Man Sentenced to Two Years’ Imprisonment for Making Fraudulent Purchases at Boscov’sRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 24, 2022, Kwane Henderson, age 42, formerly of East Stroudsburg, Pennsylvania, was sentenced today by U.S. District Court Judge Jennifer P. Wilson to two years’ imprisonment for aggravated identity theft.
According to United States Attorney John C. Gurganus, Henderson previously admitted to making fraudulent purchases at Boscov’s stores in Cumberland, Dauphin, and York Counties in February 2019. Henderson made the purchases by using credit card numbers that belonged to other individuals. Henderson’s conduct in the Middle District of Pennsylvania was part of a larger scheme in which he made fraudulent purchases at Boscov’s stores in Delaware, New Jersey, and elsewhere in Pennsylvania. The fraudulent purchases totaled over $28,000.
The case was investigated by the United States Secret Service and the Springettsbury Township Police Department. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
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Columbia County Woman Indicted on Tax Evasion, Bank Fraud, and Aggravated Identity Theft ChargesRead the Press Release
WILLIAMSPORT -The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 24, 2022, Linda Tarlecki, age 60, of Aristes, Pennsylvania, was indicted by a federal grand jury on charges of tax evasion, bank fraud, and aggravated identity theft.
According to United States Attorney John C. Gurganus, the indictment alleges that from 2013 through 2017 while she was as an employee and Township Supervisor of Conyngham Township, Tarlecki embezzled approximately $160,000 of township funds. The embezzlement was accomplished in part by Tarlecki writing unauthorized checks to herself from the township’s bank account and forging the signatures of other township supervisors on these checks. Tarlecki then failed to report the embezzled funds as income on her income tax returns.
The case was investigated by the Internal Revenue Service and the Pennsylvania State Police. Assistant U.S. Attorney Geoffrey W. MacArthur is prosecuting the case.
If convicted, the maximum penalty under federal law for each tax count is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for bank fraud is 30 years of imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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GDD Pharmacy Services, Inc. to Pay $70,000 in Recordkeeping Violations of the Controlled Substances ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that GDD Pharmacy Services, Inc., located in Mechanicsburg, Pennsylvania, has agreed to pay the United States $70,000 in civil penalties for allegedly failing to comply with recordkeeping requirements of the Controlled Substances Act.
The Controlled Substances Act, 21 U.S.C. sections 801 et seq. (CSA), was passed to combat illegal distribution and abuse of controlled substances, including prescription medications. The CSA’s dispensing, distribution, and recordkeeping requirements are designed to prevent the diversion of controlled substances for illegal purposes. The CSA is enforced by the Drug Enforcement Administration’s Diversion Control Division, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs.
Regulations promulgated under the CSA limit the manner in which pharmacies can dispense or distribute controlled substances. The CSA also requires the maintenance of complete and accurate records of each substance manufactured, received, sold, delivered, dispensed, or otherwise disposed of by the registrant. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances. Violations of these requirements subject DEA registrants to civil monetary penalties.
According to the allegations, between January 2019 and May 2021, GDD Pharmacy Services, Inc., doing business as Harrisburg Pharmacy and See Right Pharmacy, failed to keep and maintain complete and accurate records and inventories in violation of the CSA.
GDD Pharmacy Services, Inc. cooperated with the investigation, and has since enhanced its internal controls in response to concerns raised by the DEA during this investigation. Although there are no allegations that any controlled substances were diverted, this settlement addresses the independent obligation of GDD Pharmacy Services, Inc. to ensure it has adequate systems in place to prevent improper dispensing or distribution, as required by 21 U.S.C. §§ 829, 842, and associated regulations.
“GDD Pharmacy Services, Inc., through their retail pharmacies, has an obligation to properly document and account for the controlled substances in their inventory,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Failing to do so jeopardizes the security of the controlled substances they are entrusted with dispensing.”
This Settlement Agreement is neither an admission of liability by the pharmacy nor a concession by the United States that its claims are not well founded.
This matter was handled by DEA Philadelphia Field Division and Assistant United States Attorney Tamara Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office for the Middle District of Pennsylvania.
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Former Luzerne County Man Sentenced to 14 Years’ Imprisonment for Drug Distribution Resulting in DeathRead the Press Release
SCRANTON —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Bogdon, age 28, formerly of Harvey’s Lake, Pennsylvania, was sentenced today by U.S. District Court Judge Robert D. Mariani to 14 years’ imprisonment for drug distribution resulting in death. Bogdon was also ordered to serve 3 years of supervised release upon release from custody.
According to United States Attorney John C. Gurganus, Bogdon previously pleaded guilty to drug distribution resulting in death. Bogdon admitted that on December 12, 2017, he provided fentanyl, a Schedule II controlled substance, to an 18-year old female in Kingston, Pennsylvania, causing her death.
The case was investigated by the Federal Bureau of Investigation (FBI) in Scranton, and the Kingston Police Department. Assistant United States Attorney Michelle Olshefski prosecuted the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Bushkill Man Charged with Aggravated Assault by Vehicle Following Serious Motor Vehicle Collision on Federal LandRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 24, 2022, Fitzgerald C. Providence, age 49, of Bushkill, Pennsylvania, was indicted by a federal grand jury for aggravated assault by vehicle and other related motor vehicle offenses stemming from a serious motor vehicle collision that occurred on federal land.
According to United States Attorney John C. Gurganus, the indictment alleges that on September 24, 2021, on Bushkill Falls Road, within the Delaware Water Gap National Recreation Area, in Pike County, PA, Providence operated a motor vehicle in a reckless and grossly negligent manner and as a result caused a motor vehicle collision that resulted in serious bodily injury to another person.
The matter was investigated by the National Park Service Park Police and by the Pennsylvania State Police. Assistant United States Attorney Jeffery St John is prosecuting the case.
If convicted, the maximum penalty under federal law for these offenses is nine years imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Luzerne County Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Andre Johnson, Jr., age 28, a resident of Wilkes-Barre, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearms offenses, including possessing firearms in furtherance of a drug trafficking crime, and as a previously convicted felon.
According to United States Attorney John C. Gurganus, the indictment charges that on or about February 24, 2022, Johnson possessed with intent to distribute 40 grams and more of fentanyl, 50 grams and more of methamphetamine, and 28 grams and more of cocaine base (crack), all Schedule II controlled substances, as well as an unspecified amount of marijuana, a Schedule I controlled substance. It is further alleged that Johnson possessed multiple firearms in furtherance of a drug trafficking crime, as well as multiple firearms while knowing that he was a prohibited from possessing them due to prior felony convictions in Philadelphia County. Johnson is also charged with possessing stolen firearms.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The charges stem from a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, the Wilkes-Barre City Police Department, and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
The maximum penalty under federal law for the crimes charged in the Indictment is life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Cumberland County Man Pleads Guilty to Health Care Fraud, Money Laundering, and Theft of Public MoneyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Rodney L. Yentzer, age 52, of Cumberland County, Pennsylvania, pleaded guilty to conspiracy to commit health care fraud, conspiracy to commit money laundering, and theft of public money for defrauding Medicare, Medicaid, and the U.S. Department of Health and Human Services between 2016 and 2020. Yentzer also agreed to pay $3,869,571.55 in restitution for these offenses.
According to United States Attorney John C. Gurganus, Yentzer agreed with others to defraud Medicare and Medicaid by submitting medically unnecessary urine drug tests for patients at clinics he controlled, including a group of pain clinics known as Pain Medicine of York or “PMY” (also known as All Better Wellness).
PMY billed Medicare for more than $10 million in urine drug tests from mid-2017 through the end of 2019. As a result, Medicare paid out over $4 million for these urine drug tests. Pennsylvania’s Medicaid program was also billed for urine drug tests during this same time period. The urine drug tests ordered by PMY were sent to an in-house laboratory at PMY whenever possible. As a result, when medically unnecessary tests were billed to Medicare, the proceeds from them went to PMY itself.
Search warrants were executed at PMY’s various locations in November 2019, and PMY ceased operations soon after that.
Thereafter, in a separate offense, Yentzer sought and received over $191,000 in U.S. Department of Health and Human Services stimulus money that was intended for health care providers who had health care related expenses and lost revenues attributable to COVID-19. Yentzer obtained these funds in April 2020, even though he had resigned from PMY the prior month and PMY had been closed since late 2019. Yentzer used these funds on various things unrelated to COVID-19 relief, including personal expenses.
The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General, Federal Bureau of Investigation, Drug Enforcement Administration, and the Pennsylvania Office of Attorney General. Assistant U.S. Attorney Ravi Romel Sharma and Special Assistant U.S. Attorney Robert Smultkis are prosecuting the case.
The maximum penalty under federal law for conspiracy to commit health care fraud is 10 years’ imprisonment. The maximum penalty law for conspiracy to commit money laundering is 20 years’ imprisonment. The maximum penalty law for theft of public money is 10 years’ imprisonment. These charges may also carry a fine and a term of supervised release following imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Clearbrook Treatment Centers and Andrew Brown’s Drug Store Agree to Pay the United States Civil Penalties for Violations of the Controlled Substances ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Clearbrook Treatment Centers, located in Laurel Run, Pennsylvania, and Andrew Brown’s Drug Store, Inc., located in Scranton, Pennsylvania, have agreed to pay the United States civil penalties for their alleged failures to comply with dispensing, distribution, and recordkeeping requirements of the Controlled Substances Act. Clearbrook Treatment Centers will pay $300,000, and Andrew Brown’s Drug Store, Inc. will pay $250,000 in civil penalties.
The Controlled Substances Act, 21 U.S.C. sections 801 et seq. (CSA), was passed to combat illegal distribution and abuse of controlled substances, including prescription medications. The CSA’s registration, dispensing, distribution, and recordkeeping requirements are designed to prevent the diversion of controlled substances for illegal purposes. The CSA is enforced by the Drug Enforcement Administration’s Diversion Control Division, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs.
The CSA regulates how medical facilities can stock and dispense, and how pharmacies can dispense and distribute, controlled substances. The CSA also requires the maintenance of complete and accurate records of each substance manufactured, received, sold, delivered, dispensed, or otherwise disposed of. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances. The CSA provides for civil monetary penalties for violation of these requirements.
According to Unites States Attorney John C. Gurganus, between December 2016 and April 2021, Andrew Brown’s Drug Store, Inc. dispensed prescriptions or made distributions of controlled substances to Clearbrook Treatment Centers in violation of the CSA. During that same time, Clearbrook Treatment Centers received distributions from Andrew Brown’s Drug Store, Inc. and maintained a general stock of controlled substances for dispensing without being properly registered with the DEA. Both Andrew Brown’s Drug Store, Inc. and Clearbrook Treatment Centers also allegedly failed to keep complete timely and accurate records of their respective distribution and dispensing of those controlled substances.
This settlement addresses the independent obligation of Clearbrook Treatment Centers and Andrew Brown’s Drug Store, Inc. to ensure they have adequate systems in place to prevent improper distribution, maintenance of a general stock, or dispensing of controlled substances, as required by 21 U.S.C. §§ 822, 829, 842, and associated regulations.
“Both Clearbrook Treatment Centers and Andrew Brown’s Drug Store, Inc. have fully cooperated with investigators and are working to enhance their internal compliance with the CSA,” said United States Attorney John C. Gurganus. “Fortunately, there are no allegations that any controlled substances were diverted for illegitimate use, and both companies are taking their responsibilities seriously and being proactive to strengthen their systems to protect the proper dispensing of drugs under their control from diversion.”
“Pharmacies and rehabilitation facilities such as Andrew Brown’s Drug Store and Clearbrook are businesses that are integral to the health and overall well-being of our communities. As such, they are also entrusted to properly distribute and keep track of the controlled substances they maintain,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Civil penalties such as these help to insure adherence to the requirements of the Controlled Substances Act.”
This Settlement Agreement is neither an admission of liability by Clearbrook Treatment Centers or Andrew Brown’s Drug Store, Inc., nor is it a concession by the United States that its claims are not well founded.
The investigation was handled by Assistant United States Attorneys Richard D. Euliss, Tamara Haken, and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office, with the assistance of the DEA Philadelphia Field Division.
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Carlisle Man Indicted on Firearms ChargesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Craig Alan Hare, age 51, of Carlisle, Pennsylvania, was indicted on March 23, 2022, by a federal grand jury on firearms charges.
According to United States Attorney John C. Gurganus, the indictment alleges that on January 14, 2022, in Carlisle, Pennsylvania, Hare unlawfully possessed a Sig Sauer M400 .223 AR 15 Rifle, and a Smith & Wesson 9mm Model, with ammunition and magazines for both firearms while having a previous conviction for a crime punishable by imprisonment for a term exceeding one year.
The case was investigated by the Bureau of Alcohol Tobacco and Firearms (ATF), and the Pennsylvania State Police. Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
If convicted, the maximum penalty under federal law for this offense is 10 years imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Harrisburg Man Sentenced to 19 Years’ Imprisonment for Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Damon Todd Carey, age 32, of Harrisburg, Pennsylvania, was sentenced to 228 months of imprisonment to be followed by 96 months of supervised release by United States District Court Judge Sylvia H. Rambo. Carey previously was convicted following a jury trial of cocaine trafficking and possession of a firearm in furtherance of drug trafficking.
According to United States Attorney John C. Gurganus, during the trial, the government presented evidence of an extensive drug trafficking operation led by Carey, which included large quantities of cocaine, over $80,000 cash, a loaded firearm, money counter, digital scales, kilogram press, five cellphones, ledger totaling $92,700 in drug debts, and duffel bags filled with drug cooking equipment, cutting ingredients, and packaging materials. At the time of his arrest and federal charges, Carey was on supervised release, and had just completed a 120-month prison sentence for drug trafficking.
The case was investigated by the Federal Bureau of Investigation and Harrisburg Police Department, who received valuable assistance from the United States Marshals Service. Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Franklin County Man Sentenced to 15 Years in Prison for Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that March 22, 2022, Adam Neftali Santana, age 37, of Chambersburg, Pennsylvania, was sentenced to 15 years’ imprisonment to be followed by 5 years of supervised release by U.S. District Court Judge Jennifer P. Wilson. Santana previously was convicted following a jury trial of conspiracy to distribute over five kilograms of cocaine, attempted possession with intent to distribute over 500 grams of cocaine, and possession of a firearm in furtherance of drug trafficking.
According to United States Attorney John C. Gurganus, the investigation uncovered a drug trafficking operation where at least eight boxes that contained cocaine were mailed from Puerto Rico to Santana’s residence. A search warrant was then executed at Santana’s residence where authorities found a digital scale, a Glock 9mm pistol, numerous pistol magazines and ammunition in the master bedroom. Additional packaging consistent with a seized parcel was also found indicating earlier cocaine deliveries.
The case was investigated jointly by the United States Postal Inspection Service and the Pennsylvania State Police. Assistant U.S. Attorneys Scott Ford and Christian Haugsby prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Delaware County Attorney Sentenced to 36 Months’ Imprisonment for Bank Fraud and Identity Theft OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Dory L. Sater, age 47, formerly of Drexel Hill, Pennsylvania, was sentenced to 36 months of imprisonment by United States District Court Judge Robert D. Mariani. Sater previously was convicted following a jury trial, of bank fraud and aggravated identity theft offenses.
According to United States Attorney John C. Gurganus, the evidence presented at trial showed that in August 2017, Sater forged a mortgage satisfaction piece and filed the instrument with the Luzerne County Recorder of Deeds Office. The forged document erased a mortgage held by Fidelity Deposit & Discount Bank on the Mountaintop, Pennsylvania residence of Sater’s parents. The mortgage had served as collateral for a $50,000 line of credit that Sater had withdrawn in its entirety. Evidence at trial established that Sater’s parents were considering selling their residence while the forged satisfaction piece was recorded. In the process of forging the mortgage satisfaction piece, Sater also forged the signatures of a Fidelity bank officer and of a public notary, whose notary stamp he stole to use on the forged document. Sater was a personal injury attorney in Delaware County, who ran The Sater Law Firm LLC.
In pronouncing the sentence, Judge Mariani highlighted that Sater was arrested and charged by state authorities in Delaware County for running an unrelated fraud scheme while he was on pretrial release for his federal case. He ultimately pleaded guilty and served approximately seven months of imprisonment in his state case.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Phillip J. Caraballo and James Buchanan prosecuted the case.
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Pottsville Man Charged with Obstructing the MailRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Johnathan Sherer, age 29, of Pottsville, Pennsylvania, was charged on March 21, 2022, by criminal information with obstruction of the mail.
According to United States Attorney John C. Gurganus, the information alleges that in 2019 through October 2020, Sherer, at the time a postal employee, delayed the delivery of over 3,000 pieces of mail by failing to deliver it and keeping it in his possession.
The case was investigated by the U.S. Postal Service Office of Inspector General. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
The maximum penalty under federal law for this offense is 6 months of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Stroudsburg Man Sentenced to Two Years’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Scott a/k/a “Wells,” age 39, of Stroudsburg, Pennsylvania, was sentenced on March 18, 2022, to 24 months in prison by United States District Court Judge Robert D. Mariani for drug trafficking.
According to United States Attorney John C. Gurganus, Scott distributed and possessed with intent to distribute cocaine, cocaine base (“crack”) and MDMA (“molly”), on five separate occasions between December 2016 and February 2019 in Monroe County, Pennsylvania. A search warrant executed at a Howard Johnson Hotel room in Bartonsville, where Scott lived at the time of his arrest in 2019, resulted in the seizure of cocaine, cocaine base, MDMA, a digital scale, $509 in cash, and drug packaging materials.
The case was investigated by the Federal Bureau of Investigation and the Stroud Area Regional Police Department and was prosecuted by Assistant U.S. Attorney Sean A. Camoni.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This prosecution is part of an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Inmate Charged with Possessing Narcotic DrugRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Torrance Gamble, age 49, an inmate at Federal Corrections Institution Schuylkill, Minersville, Pennsylvania, was charged in a criminal information with possession of a narcotic drug.
According to United States Attorney John C. Gurganus, the information alleges that Gamble possessed buprenorphine, also known as Suboxone, a narcotic controlled substance on December 1, 2021. Federal inmates are not permitted to possess narcotics.
The case was investigated by the FBI and the Bureau of Prisons. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
If convicted, the maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Stroud Township Man Sentenced to 24 Months’ Imprisonment for Heroin and Fentanyl DistributionRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dimitris Smith, Jr., age 43, of Stroud Township, Pennsylvania, was sentenced yesterday to 24 months’ imprisonment by United States District Court Judge Robert D. Mariani for distributing heroin and fentanyl.
According to United States Attorney John C. Gurganus, on July 3, 2018, Smith distributed fentanyl and heroin to a confidential informant working with law enforcement in Stroud Township, Pennsylvania. The investigation originated with a 2017 anonymous tip to the Pennsylvania State Police concerning drug trafficking in Monroe County, Pennsylvania.
The case was investigated by the FBI, and the Pennsylvania State Police. Assistant U.S. Attorney Todd K. Hinkley is prosecuting the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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York Man Indicted on Drug Trafficking and Firearm ChargesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dominique Hightower, age 23, of York, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearm charges.
According to United States Attorney John C. Gurganus, the indictment alleges that Hightower possessed with the intent to distribute 28 grams and more of cocaine base (crack), and unspecified amounts of heroin, marijuana, cocaine, fentanyl, and oxycodone, on November 3, 2021, in York. The indictment also alleges that Hightower possessed a Glock 22 .40 caliber handgun converted to be fully automatic during and in relation to his drug trafficking activities. According to the indictment, authorities also recovered a money counter, approximately $14,255.27 in United States Currency, multiple loaded magazines and a .40 caliber drum magazine.
The case was investigated by the Bureau of Alcohol Tobacco and Firearms (ATF), the United States Marshals Service, the York County Drug Task Force, the York City Police Department. Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
If convicted, the maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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United States Attorney for the Middle District of Pennsylvania Reappointed by Order of the District Court JudgesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John C. Gurganus, United States Attorney for the Middle District of Pennsylvania, was reappointed as the United States Attorney by order of the District Court Judges effective March 17, 2022. Mr. Gurganus was initially appointed United States Attorney by order of United States Attorney General Merrick B. Garland on November 17, 2021, for one hundred twenty days or until a Presidential appointment was made, whichever occurs first. That appointment expired on March 16, 2022, and this new appointment by the District Court Judges appoints Mr. Gurganus as United States Attorney until the vacancy is filled by the President. Chief Judge Matthew W. Brann administered the oath of office to Mr. Gurganus yesterday in Williamsport, Pennsylvania.
Mr. Gurganus began his 33-year legal career with the United States Department of Justice through the Attorney General’s Honors Program in 1988, as a Trial Attorney with the Antitrust Division in the New York City Field Office. In 1989, he was appointed an Assistant United States Attorney for the Middle District of Pennsylvania, and has been based in the Scranton, Pennsylvania office since that time. During his tenure with the U.S. Attorney’s Office, Mr. Gurganus has held a number of positions including First Assistant U.S. Attorney, Criminal Chief, Deputy Criminal Chief, and Lead Task Force Attorney for the Organized Crime Drug Enforcement Task Force.
His experience includes the prosecution of a wide variety of cases, including public corruption, drug trafficking, violent crimes, tax evasion, child pornography, extortion, kidnapping, firearms, and fraud crimes. Mr. Gurganus received two Department of Justice Director’s Awards for Superior Performance as an Assistant U.S Attorney: one for work in prosecuting drug overdose cases, and the other for obtaining a guilty verdict for an individual who attempted to provide material support to a terrorist organization.
Before joining the Department of Justice, Mr. Gurganus served as a law clerk to the late Honorable Richard P. Conaboy, United States District Court Judge, Scranton, Pennsylvania. He earned a B.A. from Villanova University in 1983, and received his law degree in 1986 from the University of Notre Dame Law School. He resides in South Abington Township, Pennsylvania.
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Non-Citizen Charged with Failure to Depart to the Dominican RepublicRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Pena-Charles, age 30, was indicted yesterday by a federal grand jury on two counts of failure to depart.
According to United States Attorney John C. Gurganus, Pena-Charles is a removable alien who has a final order of removal issued by an Immigration Judge. Pena-Charles is alleged to have knowingly taken steps to prevent his own removal from the United States by (1) failing to participate in an interview with his home country of the Dominican Republic, (2) failing to execute documents necessary to permit travel, and (3) failing to submit to a COVID-19 test which is necessary for air travel.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Joanne M. Sanderson.
Pena-Charles faces a maximum penalty of 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Five Previously Deported Men Charged with Illegal Re-EntryRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that five previously deported aliens were indicted separately yesterday by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the district including Dauphin, York, Huntingdon, and Northumberland Counties.
According to United States Attorney John C. Gurganus, Casano De Jesus Espinoza-Vargas, age 59, was previously deported from the United States to Mexico in September 2010. He is alleged to have illegally reentered the United States again sometime after September 2010. On February 8, 2022, he was found in the United States in Huntingdon County, Pennsylvania, after being involved in a vehicle accident and charged with driving under the influence.
Melesio Medina-Torres, age 44, was previously deported from the United States to Mexico in October 2008. He is alleged to have illegally reentered the United States again sometime after October 2008. He was found in the United States in York County, Pennsylvania, after an arrest for simple assault and harassment.
Deyby Mizael Aguilar-Avila, age 30, was previously deported from the United States to Honduras in October 2018. He is alleged to have illegally reentered the United States again sometime after October 2018. He was found in the United States in Dauphin County, Pennsylvania, when arrested for another offense that is currently pending in the Dauphin County Court of Common Pleas.
Jose Navarrete-Bonilla a/k/a George Torres, age 35, was previously deported from the United States to Honduras in April 2012. He is alleged to have illegally reentered the United States again sometime after April 2012. He was found in the United States in Northumberland County, Pennsylvania, after an arrest by a Sunbury police officer, on charges which eventually led to a conviction for simple assault.
Espinoza-Vargas, Medina-Torres, Aguilar-Avila, and Navarrete-Bonilla face a maximum penalty of 2 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Fernando Contreras, age 19, a citizen of Mexico, was illegally in the country and was in possession of a firearm when encountered in Dauphin County on September 3, 2021, after a vehicle stop performed by local law enforcement.
Contreras faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Joanne M. Sanderson.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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York County Man Sentenced to 41 Months’ Imprisonment for Cocaine TraffickingRead the Press Release
HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Denzell Swan, age 38, of York, Pennsylvania, was sentenced on March 14, 2022, to 41 months’ imprisonment to be followed by three years of supervised release, by U.S. District Court Judge Christopher C. Conner for distribution of cocaine.
According to United States Attorney John C. Gurganus, following a year-long investigation by the Bureau of Alcohol, Firearms, Tobacco and Explosives focusing on drug activity at a bar in York City, it was determined that Swan was part of a drug trafficking organization. Using an undercover federal agent, federal law enforcement purchased more than 500 grams of crack cocaine from Swan and his co-conspirators in 2019.
As part of the overall investigation, the United States Attorney’s Office charged others affiliated with the distribution of cocaine in York. The status of the other cases is as follows:
- Anthony Rankins is awaiting trial;
- Dorral Basknight is awaiting trial;
- William Barton was sentenced to 180 months’ imprisonment;
- Michael Adams pleaded guilty and is awaiting sentencing; and
- Furman Dennis pleaded guilty and is awaiting sentencing.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department. Assistant U.S. Attorney Johnny Baer is prosecuting the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Montour County Man Charged with Distributing MethamphetamineRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Murry, age 44, of Montour County, Pennsylvania, was indicted on March 10, 2022, by federal grand jury on two counts of distribution of methamphetamine.
According to United States John C. Gurganus, the indictment alleges that Murry distributed more than 50 grams of methamphetamine in Montour County on February 18 and March 7, 2022.
The investigation was conducted by the Federal Bureau of Investigation. Assistant United States Attorney Alisan V. Martin is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The maximum penalty for each charge is up to 40 years of imprisonment, a life term of supervised release, and a fine of $5,000,000. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Missouri Man Sentenced to 180 Months’ Imprisonment for Production of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that James Tyler Murphy, age 25, of Amoret, Missouri, was sentenced on March 15, 2022, to 180 months’ imprisonment to be followed by 20 years of supervised release by U.S. District Court Judge Christopher C. Conner for production of child pornography.
According to U.S. Attorney John C. Gurganus, in July 2021, Murphy entered a guilty plea to one count of production of child pornography. Murphy produced pornographic videos of a 12-year-old York County child between April 3 and April 28, 2018.
This case was investigated by the Federal Bureau of Investigation Harrisburg Resident Office. Assistant United States Attorney Christian Haugsby prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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York Man Sentenced to 165 Months’ Imprisonment for Smuggling Cocaine Through the U.S. MailRead the Press Release
HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Elmer Rodriguez, age 51, of York, Pennsylvania, was sentenced on March 14, 2022, to 165 months’ imprisonment to be followed by 10 years of supervised release, by U.S. District Court Judge Christopher C. Conner for his role in a conspiracy to distribute kilogram quantities of cocaine.
According to United States Attorney John C. Gurganus, Rodriguez previously pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine. In July 2018, Rodriguez attempted to receive five parcels he knew each contained approximately two kilograms of cocaine. The parcels had been shipped from Puerto Rico and were destined for five different addresses in York County. United States Postal Inspectors intercepted the parcels and discovered the cocaine. Law enforcement authorities continued the investigation by conducting a controlled delivery of one of the parcels. When Rodriguez’s wife, Marangely Olivencia, took custody of the parcel, she was arrested. Olivencia, pleaded guilty and was sentenced to 37 months’ imprisonment for her role in the offense.
The case was investigated by the U.S. Postal Inspection Service and the Pennsylvania State Police. Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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United States Attorney’s Office for the Middle District of Pennsylvania Releases Its 2021 Annual ReportRead the Press Release
SCRANTON –U.S. Attorney John C. Gurganus today issued the 2021 Annual Report for the U.S. Attorney’s Office for the Middle District of Pennsylvania.
“As public servants, we are accountable to the citizens we serve and our efforts at transparency include publicizing our work and accomplishments,” said U.S. Attorney Gurganus. “The U.S. Attorney’s Office, along with our partner agencies, had many successes in 2021. This Annual Report is just a summary of those accomplishments and highlights the achievements in each major program of our office which seek to improve the safety and quality of life for the people of our district.”
The accomplishments summarized in this report are due to the hard work of our 92 dedicated professionals, including the steady leadership of former United States Attorney Bruce D. Brandler. In 2021, Assistant United States Attorneys prosecuted approximately 335 criminal cases involving 464 defendants, and our Civil Division handled over 790 cases representing the interests of the federal government, including obtaining over $12 million in criminal and civil actions. We continued to participate in numerous community outreach programs designed to educate the public and reduce recidivism, violent crimes, and opioid dependence.
“It’s an honor to work with the members of this office and with our federal, state, and local law enforcement partners to seek justice and make the Middle District of Pennsylvania safer, said U.S. Attorney Gurganus. “I trust that the report will give you a fuller understanding of our mission.”
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Pike County Man Sentenced to Twenty Years’ Imprisonment for Production of Child PornographyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jerald Ungerer, age 34, formerly of Milford, Pennsylvania, was sentenced on March 11, 2022, to twenty years’ imprisonment by U.S. District Court Judge Malachy E. Mannion for the charge of production of child pornography. Upon release from prison, Ungerer will be supervised by a probation officer for a period of ten years.
According to United States Attorney John C. Gurganus, Ungerer previously pleaded guilty in October 2021, and admitted to producing multiple videos and images of minors engaged in sexually explicit conduct. In March 2020, investigators served a search warrant at Ungerer’s residence in Pike County and seized multiple computer hard drives and other electronic devices containing child pornography, much of which was produced by Ungerer.
The charges stem from an investigation conducted by the Federal Bureau of Investigation, the Pennsylvania State Police and the Northeast Computer Crimes Task Force. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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New Cumberland Man Sentenced to 18 Months in Prison for Pandemic Unemployment FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrew Marszalek, age 24, of New Cumberland, Pennsylvania, was sentenced to 18 months' imprisonment by United States District Court Judge Christopher C. Conner for pandemic unemployment fraud.
According to United States Attorney John C. Gurganus, Marszalek pled guilty to conspiring with five others to file false claims for unemployment assistance during the pandemic. These defendants gathered personal identification information from inmates housed within the Pennsylvania Department of Corrections system and filed unemployment claims. The payments were mailed to particular addresses in New Cumberland, Pennsylvania, where they were gathered and the funds accessed. The conspirators arranged for the payment of tens of thousands of dollars in benefits which they were not entitled to obtain.
Nicholas Baggio, age 32, an inmate at the State Correctional Institution at Mahanoy, entered a guilty plea to conspiracy to commit mail fraud. He is awaiting sentencing.
Alexis Figueroa, age 31, of Philadelphia, Oscar Martinez, age 28, an inmate at the State Correctional Institution at Rockview, and Jeovanny Shultz, age 28, an inmate at the State Correctional Institution at Mercer, are awaiting trial. Joshua Powles, age 33, of Philadelphia, is wanted as a fugitive.
The case was investigated by the U.S. Postal Inspection Service and the United States Department of Labor Office of Inspector General. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Mount Carmel Man Indicted for Trafficking Methamphetamine, Fentanyl, and HeroinRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Glen Taormina, age 46, of Mount Carmel, Pennsylvania, was indicted by a federal grand jury on drug trafficking charges.
According to United States Attorney John C. Gurganus, the two-count indictment alleges that Taormina distributed 50 grams and more of methamphetamine on June 16, 2021, and then, on June 17, 2022, he possessed with the intent to distribute another 50 grams and more of methamphetamine, 40 grams and more of fentanyl, and detectable amounts of heroin in Northumberland County. The indictment also seeks the criminal forfeiture of $10,754 in cash recovered on June 17, 2021.
The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Agency, and the Pennsylvania State Police. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit opioid related offenses.
The maximum penalty under federal law for each of these offenses is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Kentucky Men Indicted for Conspiracy to Steal and Transport 30 Catalytic Converters Recovered in State CollegeRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 10, 2022, Jose William Perez Felipe, age 25, and Wilber Sori San Miguel age 31, both of Louisville, Kentucky, were indicted by a federal grand jury for conspiracy to transport 30 stolen catalytic converters from Kentucky and Ohio to State College, Pennsylvania.
According to United States Attorney John C. Gurganus, the indictment alleges that between November 29, 2021 and December 2, 2021, Perez Felipe and San Miguel unlawfully agreed to transport stolen catalytic converters from Kentucky to New York, where the valuable metals contained inside them, including rhodium, palladium, and platinum, were to be extracted.
During a stop in Ohio, they received additional stolen catalytic converters. According to the indictment, they also stopped in State College, where they stole six additional catalytic converters from Penn State University vans parked in a campus parking garage and from box trucks at two businesses in State College. The indictment also alleges that they used a reciprocating saw to cut the converters from the vehicles. The defendants were found sleeping inside a green Ford van parked in the PSU garage and the van contained approximately 30 stolen catalytic converters. The indictment alleges that the 30 stolen catalytic converters recovered from the van had a value of approximately $90,000.
The case was investigated by the FBI, the State College Police Department, and the Pennsylvania State University Police Department. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
If convicted, the maximum penalty under federal law for these offenses is 20 years in prison, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Harrisburg Man Sentenced to 46 Months in Prison for Straw Purchasing Guns for FelonsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Windham, age 22, of Harrisburg, Pennsylvania, was sentenced to 46 months' imprisonment by United States District Court Judge Jennifer P. Wilson for weapons offenses.
According to United States Attorney John C. Gurganus, Windham pled guilty to conspiring with three other individuals to purchase guns for felons and persons under indictment. Windham was prohibited by law from possessing a gun, but he arranged for Taashaun Mansfield, age 23, of Harrisburg, to purchase a gun for him. Mansfield also purchased six other guns for felons.
Mansfield, of Harrisburg, entered a guilty plea to weapons offenses and was sentenced to 37 months in prison in February 2022. Antonio Godbolt, age 34, of Harrisburg, entered a guilty plea to conspiring to straw purchase guns and possessing a gun as a felon and is awaiting sentencing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives brought this case in conjunction with the Harrisburg Bureau of Police. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Pennsylvania Man Pleads Guilty to Clean Air Act ViolationRead the Press Release
HARRISBURG - The Justice Department and the U.S. Attorney’s Office for the Middle District of Pennsylvania announced today that on March 9, 2022, Ty Allen Barnett, of Dover, Pennsylvania, entered a plea of guilty to the improper handling and removing of regulated asbestos containing material as required by federal law.
A ten-count indictment filed in January 2020, charged Lobar Inc., First Capital Insulation, Inc., Francis Richard Yingling, Jr., Dennis Lee Charles Jr., M&J Excavation Inc., John August Sidari, Jr., and Ty Allen Barnett, with various violations of the federal Clean Air Act arising from disturbing and removing asbestos in violation of the National Emission Standards for Hazardous Air Pollutants regulations. Lobar, Inc. pleaded guilty on Feb. 9, 2022. The remaining defendants have pleaded not guilty and are currently scheduled for trial in June 2022 before U.S. District Court Judge Jennifer P. Wilson.
Asbestos was designated a hazardous air pollutant in 1971 which can become airborne and can be inhaled into the lungs. There is no known safe amount of exposure.
According to U.S. Attorney John C. Gurganus, the criminal charge is the result of Barnett’s activity as the project supervisor for the asbestos abatement contractor, First Capital Insulation Inc., on the Berwick Area School District project in Berwick, Pennsylvania. The scope of the project was designed to safely remove environmentally hazardous materials from the site, demolish the former weaving mill building, and construct a new elementary school.
Prior to purchasing the mill in January 2014, the Berwick Area School District obtained an environmental assessment report that identified hazardous substances, including asbestos, located in the old facility. The existence of asbestos was confirmed by an environmental consultant. The findings of both assessments were shared with Lobar, and its subcontractors responsible for asbestos removal and demolition. Despite this, the demolition went forward before the asbestos was properly removed until stopped by the United States Environmental Protection Agency.
“Exposure to airborne asbestos fibers can pose a serious health risk to workers and members of the public,” said EPA Special Agent in Charge Jennifer Lynn. “The defendant knowingly failed to follow the required safety practices when working with asbestos containing materials, potentially endangering the health of workers and the public.”
Howard P. Stewart, Senior Litigation Counsel from the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice, Assistant United States Paul Miovas and Special Assistant United States Attorney Patricia Miller of the Middle District of Pennsylvania are prosecuting the case. The case was investigated by the Criminal Investigation Division of the EPA.
A defendant is presumed innocent unless and until proven guilty.
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