Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Connecticut Man Pleads Guilty to Enticement of A Minor to Engage in Sexual Activity and A Child Pornography OffenseRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on January 12, 2022, Christopher Capozza, age 40, of Newington, Connecticut, pleaded guilty before U.S. District Court Judge Robert D. Mariani to one count of online enticement of a minor to engage in illegal sexual activity and one count of production of child pornography.
According to United States Attorney John C. Gurganus, Capozza admitted at his guilty plea that between July 23, 2020, and December 31, 2020, he used Snapchat to arrange to meet and have sexual intercourse with a 14-year-old at motels and other places. Capozza also admitted that on August 23, 2020, he persuaded the same minor victim to make several pornographic videos and then send those videos to him via Snapchat.
The charges stem from an investigation by the Federal Bureau of Investigation (FBI), the Omaha, Nebraska Police Department, and the United States Attorney’s Offices for the Districts of Connecticut and Nebraska. Assistant United States Attorney James M. Buchanan is prosecuting the case.
The maximum penalties under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. The production of child pornography charge carries a mandatory minimum 15 years in prison. The online enticement charge carries a mandatory minimum sentence of 10 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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."
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Clarks Summit Man Sentenced to 94 Months’ Imprisonment for His $400,000 Automobile Warranty Fraud SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian Larry, age 60, of Clarks Summit, Pennsylvania, was sentenced to 94 months’ imprisonment by United States District Court Judge Malachy E. Mannion for fraud, aggravated identity theft, and false statement offenses. A federal jury previously convicted Larry of all 13 charges in his indictment on May 10, 2021.
According to United States Attorney John C. Gurganus, Larry defrauded his former employer, a Wilkes-Barre based automobile warranty company, out of over $400,000. From January 2014 through October 2018, Larry, the manager of the claims department, stole the personal information of warranty policy owners. Larry then provided it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania. The scheme included the forgery of the policy owners’ signatures on the paperwork. The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices, in exchange for cash kickbacks. During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners. The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes. When confronted by FBI special agents, Larry denied receiving cash kickbacks in exchange for his participation in the scheme.
In pronouncing the sentence, Judge Mannion highlighted that Larry had expressed no remorse for his illegal conduct. Judge Mannion also ordered Larry to pay $394,701.96 to the victim of his crimes, and to serve three years of supervised release following service of his imprisonment term.
Three of Larry’s coconspirators also were convicted in this investigation:
- Matthew Gershkoff, age 64, of North Providence, Rhode Island pleaded guilty to conspiring to commit wire and mail fraud, and to aggravated identity theft, and was sentenced to 30 months of imprisonment and three years of supervised release. Gershkoff was convicted of preparing false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts, and for forging policy owners’ signatures. Gershkoff pleaded guilty on May 18, 2020, to causing between $250,000 and $550,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and was ordered to pay restitution of $385,352.19.
- Herman Cabral, age 62, of Cranston, Rhode Island, pleaded guilty to conspiring to commit wire fraud, and was sentenced to 10 months of imprisonment and three years of supervised release. Cabral was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, A Plus Auto Services. Cabral pleaded guilty on July 23, 2019, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and was ordered to pay $211,644.03 in restitution.
- Jason Pannone, age 40, of North Providence, Rhode Island pleaded guilty to conspiring to commit wire and mail fraud, and to aggravated identity theft, and was sentenced to 18 months of imprisonment and two years of supervised release. Pannone was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, Platinum Auto Services, and through Ultra Auto Services, where he was employed. Pannone pleaded guilty on March 23, 2021, to causing between $95,000 and $150,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and was ordered to pay restitution of $128,667.16.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Phillip J. Caraballo and Jeffrey St John prosecuted the case.
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Two Men Indicted for Manufacturing and Selling 28 Ghost GunsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Samuel Snader, age 39, of Lebanon, Pennsylvania, and Hector Colon, age 30, of Puerto Rico, were indicted on January 5, 2021, by a federal grand jury and charged with conspiracy to manufacture and deal firearms, and manufacturing and dealing firearms without a license.
According to U.S. Attorney John C. Gurganus, the indictment alleges that between August 2021 and January 2022, in Lebanon County, Pennsylvania, Snader and Colon worked together to acquire firearm parts for the purpose of manufacturing and commercially dealing Privately Made Firearms (PMFs), often referred to as “ghost guns.” It is alleged that Snader would manufacture the PMFs, which did not possess serial numbers. Colon allegedly located potential firearm buyers and directed them to Snader who personally delivered the firearms in exchange for money. In total, Snader and Colon allegedly manufactured and sold, without the required federal license, at least 28 such firearms and obtained approximately $27,600 as a result of the offenses.
The case was unsealed following yesterday’s arrests of Snader and Colon. During the arrests, law enforcement seized additional ghost guns and PMF parts in both Lebanon County and Puerto Rico. Snader had his initial appearance today before U.S. Magistrate Judge Martin C. Carlson in the U.S. District Court for the Middle District of Pennsylvania and Colon is scheduled to have his initial appearance in the District of Puerto Rico.
“As in this case, ghost guns are un-serialized and difficult to trace by law enforcement. They look, feel, and function like factory-made firearms, and are just as lethal in the wrong hands,” said U.S. Attorney Gurganus. “We will do everything in our power to take illegal guns off the streets and prosecute those who are involved in their unlawful manufacture, trafficking and possession.”
“Ghost guns are a danger to public safety all across Pennsylvania and we must close the loophole that allows them to be sold without a background check,” said Attorney General Josh Shapiro. “We are committed across local, state, and federal law enforcement to stop traffickers of these untraceable firearms that have quickly become the weapon of choice for criminals, and appreciate our partners’ efforts to hold these defendants accountable.”
“The unlawful sale of firearms is a primary focus of ATF and a critical threat to the safety of our citizens,” said Matthew Varisco, Special Agent in Charge of ATF’s Philadelphia Field Division. “The result of this investigation is a tribute to the longstanding collaboration with our local, state, and federal partners. I would like to thank the dedicated work of the investigators and prosecutors for dismantling this illegal firearm distribution operation.”
“The United States Postal Inspection Service is committed to investigating individuals who use the U.S. Mail to ship gun parts for the purpose of creating illegal firearms without serial numbers or “ghost guns,” said Inspector in Charge Damon E. Wood. We are committed to working closely with our law enforcement partners, the US Attorney’s Office, and the Pennsylvania Office of Attorney General to bring those who traffic in illegal firearms to justice.”
Below are photographs of some of the ghost guns seized by law enforcement:
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Postal Inspection Service, and the Pennsylvania Office of Attorney General. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty for each offense is up to 5 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Schuylkill County Man Indicted for Firearms and Drug Trafficking OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Alnaldo Perez-Rodriguez, age 35, of Shenandoah, Pennsylvania, was indicted on January 11, 2022, by a federal grand jury for firearms and drug trafficking offenses.
According to United States Attorney John C. Gurganus, the indictment charges Perez-Rodriguez with being in possession of a Walther .380 caliber pistol in furtherance of drug trafficking, being a convicted felon in possession of a firearm and ammunition, and being in possession of fentanyl and methamphetamine for distribution in Schuylkill County on December 3, 2021.
The case was investigated by the FBI Safe Streets Task Force, the Schuylkill County Drug Task Force, State Parole Agents, and the United States Marshals Fugitive Task Force. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This matter 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
Under federal law, for the firearms charges, Perez-Rodriguez faces a mandatory minimum sentence of five years in prison, which must run consecutive to any other sentence, a maximum sentence of life, a term of supervised release and a fine. For the drug charges, Perez-Rodriguez faces a maximum sentence of twenty years, a term of supervised release and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Sentenced to 33 Months’ Imprisonment for A Firearms OffenseRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Hill, age 40, of East Stroudsburg, Pennsylvania, was sentenced on January 10, 2022, to 33 months’ imprisonment by U.S. District Court Judge Malachy E. Mannion for a firearm offense.
According to United States Attorney John C. Gurganus, Hill previously pleaded guilty on June 28, 2021, to possession, barter, and sale of a stolen firearm. Hill, a heroin user, admitted to trading a firearm to codefendant Ronald McKenna in exchange for heroin. Hill’s sentence was enhanced because he fled the jurisdiction while on supervised release and was later apprehended in Florida.
McKenna had previously pleaded guilty to a firearms violation and was sentenced to 36 months in prison. A third codefendant, Drew Miller, also pleaded guilty to a firearms felony, and was sentenced to 42 months in prison.
The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Stroud Area Regional Police Department. Assistant U.S. Attorneys Francis P. Sempa and Sean A. Camoni prosecuted the case.
This matter was prosecuted as part of the 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.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Luzerne County Man Sentenced to 108 Months’ Imprisonment for Methamphetamine TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Edgar Mendoza, age 29, formerly of Drums, Pennsylvania, was sentenced by United States District Judge Malachy E. Mannion, to 108 months’ imprisonment for methamphetamine trafficking.
According to United States Attorney John C. Gurganus, on July 23, 2021, Mendoza pleaded guilty to conspiring with several other individuals to distribute and possess with intent to distribute between 5 and 15 kilograms of methamphetamine in the Hazleton area between October 2019 and February 2020. Mendoza also pleaded guilty to conspiring with several other individuals to launder drug proceeds. During the scheme, conspirators mailed parcels containing methamphetamine from Arizona to Luzerne County, Pennsylvania, for retrieval and distribution. Mendoza was involved in retrieving parcels, selling the methamphetamine and depositing drug proceeds into a bank account in furtherance of the drug trafficking conspiracy.
The methamphetamine trafficking case was investigated by Homeland Security Investigations, the U.S. Postal Inspection Service, and the Pennsylvania Attorney General’s Office as part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The case was prosecuted by Assistant U.S. Attorney Jenny P. Roberts.
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Bucks County Man Sentenced to 140 Months’ Imprisonment for Methamphetamine TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nicholas Eastman, age 32, of Doylestown, Pennsylvania, was sentenced on January 7, 2022, to 140 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for drug trafficking.
According to United States Attorney John C. Gurganus, Eastman previously pleaded guilty to possessing at least 500 grams of methamphetamine for further distribution in the Middle and Eastern Districts of Pennsylvania between 2017 and 2019.
This matter was investigated by the Federal Bureau of Investigation, and the Pennsylvania State Police. Assistant U.S. Attorney William Behe 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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Fayette County Attorney Charged with Defrauding ClientsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that John William “JW” Eddy, age 39, of Fayette County, Pennsylvania was charged by criminal information with one count of wire fraud for misappropriating funds from clients of his law practice between 2016 and 2020.
According to United States Attorney John C. Gurganus, the information alleges that Eddy was required to maintain a trust account for client funds, also known as an Interest on Lawyer Trust Account or “IOLTA.” This account was to be used for the securing of client funds, such as proceeds from legal settlements, fees advanced for services not yet performed, or money for court fees. The information alleges that Eddy misappropriated $242,975.89 of client funds during this time-period.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for wire fraud is 20 years’ imprisonment. This charge may also carry a fine and a term of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Schuylkill County Man Sentenced to 100 Months’ Imprisonment for Methamphetamine TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Collazo, age 34, of Frackville, Pennsylvania, was sentenced on January 6, 2022, to 100 months’ imprisonment by U.S. District Court Judge Robert D. Mariani for possession with intent to distribute crystal methamphetamine.
According to United States Attorney John C. Gurganus, Collazo previously pleaded guilty and admitted to possessing between 50 and 150 grams of highly-pure crystal methamphetamine for further distribution in the Schuylkill County area between December 2018 and February 2019.
This matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Schuylkill County Drug Task Force. Assistant U.S. Attorney Robert J. O’Hara 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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Luzerne County Woman Sentenced for Methamphetamine Trafficking and Pandemic Fraud OffensesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Christina Covey, age 34, formerly of Drums, Pennsylvania, was sentenced by United States District Judge Malachy E. Mannion, to 48 months’ imprisonment for methamphetamine trafficking, and 15 months’ imprisonment for committing pandemic unemployment fraud, five months of which is to run consecutive to the methamphetamine trafficking sentence.
According to United States Attorney John C. Gurganus, on May 20, 2021, Covey pleaded guilty to conspiring with several other individuals to distribute and possess with intent to distribute between 1.5 and 5 kilograms of methamphetamine in the Hazleton area between October 2019 and February 2020. During the scheme, conspirators mailed parcels containing methamphetamine from Arizona to Luzerne County, Pennsylvania, for retrieval and distribution. Covey was involved in identifying and providing addresses of vacant houses to receive the parcels. On one occasion, she retrieved a parcel containing methamphetamine from a vacant house located on Sycamore Drive, in Drums, Pennsylvania.
The methamphetamine trafficking case was investigated by Homeland Security Investigations, the Postal Inspection Service, and the Pennsylvania Attorney General’s Office as part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Covey also pleaded guilty to committing pandemic unemployment fraud while on pretrial release for the federal narcotics charges. In that case, she filed false PUA applications on behalf of two federal inmates—her codefendant in both cases, Fredy Mendoza, and another inmate. The applications sought unemployment benefits for both inmates by claiming that they were laid off because of the COVID-19 pandemic and available to work, despite their incarceration on underlying federal drug trafficking charges. The conspirators subsequently filed false weekly certifications required to continue receiving PUA benefits, ultimately securing nearly $30,000 dollars, which were mailed in debit cards to Covey. Covey used the majority of funds on gambling expenses, and was ordered to pay $29,799 in restitution.
“Christina Covey engaged in a scheme with her co-defendant to defraud the PUA program by obtaining personal information from inmates in Lackawanna County Jail and submitting fraudulent claims for PUA benefits on behalf of those inmates even though they were incarcerated and not able and available to work. The U.S. Department of Labor Office of Inspector General is grateful for our partnerships with the Pennsylvania Department of Labor and our many law enforcement partners. We also want to thank the U.S. Attorney’s Office for their continued efforts to prosecute those who violate public benefit programs and commit fraud,” stated Syreeta Scott, Special Agent-in-Charge of the Philadelphia Region, U.S. Department of Labor Office of Inspector General.
The Pandemic Unemployment Assistance (PUA) program was created by the March 2020 CARES Act, as part of the United States government’s efforts to mitigate the impact of the COVID-19 pandemic on the public’s health and economic well-being. The PUA program was designed to provide unemployment benefits to individuals not eligible for regular unemployment compensation or extended unemployment benefits.
Fredy Mendoza remains in custody, pleaded guilty in the methamphetamine trafficking case, and awaits sentencing. Mendoza is pending trial in the pandemic unemployment fraud case.
The methamphetamine trafficking case was prosecuted by Assistant U.S. Attorney Jenny P. Roberts. The pandemic case was investigated by the Postal Inspection Service and by the Department of Labor, Office of the Inspector General, and was prosecuted by Assistant U.S. Attorney Phillip J. Caraballo.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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FCI Allenwood Inmate Sentenced for Possessing Contraband in PrisonRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on January 5, 2022, Jason White, age 27, an inmate at Federal Correctional Institution, Allenwood (FCI Allenwood) pleaded guilty to possessing a cellphone in prison. After accepting White’s guilty plea, Magistrate Judge William I. Arbuckle sentenced White to four months’ imprisonment to run consecutively to his current prison sentence.
According to United States Attorney John C. Gurganus, on November 16, 2020, FCI Allenwood staff found White to be in possession of a bundle containing a L8star mini cellphone and several scraps of paper soaked in a synthetic cannabinoid. Federal law prohibits inmates from possessing cellphones due to the institutional security risks posed by their use.
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 Alisan V. Martin prosecuted the case.
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U.S. Attorney’s Office Collects over $12 Million in Criminal and Civil Actions in Fiscal Year 2021Read the Press Release
HARRISBURG - U.S. Attorney John C. Gurganus announced today that the Middle District of Pennsylvania collected $12,218,096.76 in criminal and civil actions in Fiscal Year (FY) 2021. Of this amount, $8,037,586.68 was collected in criminal actions and $4,180,510.08 was collected in civil actions.
“Our office is committed to protecting the citizens of the Middle District of Pennsylvania by bringing to justice those that violate the law and, when doing so, stripping them of their ill-gotten gains,” said United States Attorney Gurganus. “The office’s staff will continue to strive daily to obtain restitution for crime victims, and to recover funds pilfered through theft, fraud and false claims.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs. The Middle District of Pennsylvania worked to collect from 2,247 criminal debtors and 127 civil debtors in FY 2021.
Additionally, the U.S. Attorney’s Office in the Middle District of Pennsylvania, working with partner agencies and divisions, obtained forfeiture judgments amounting to $10,213,652 in criminal and civil asset forfeiture actions in FY 2021, including both physical assets and forfeiture money judgments. Generally, under federal law assets such as currency, real property, and personal property can be forfeited to the government when they constitute proceeds of illegal activity or were used to facilitate crime. Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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York County Man Sentenced to Five Years’ Imprisonment for Possessing Firearm in Furtherance of Drug TraffickingRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jahzaire Gilliam, age 20, of York, Pennsylvania, was sentenced yesterday by U.S. District Court Judge Christopher C. Conner to five years’ imprisonment for possessing a firearm in furtherance of drug trafficking. The sentence also included a two-year term of supervised release, which will follow the term of imprisonment.
According to United States Attorney John C. Gurganus, Gilliam previously admitted that while distributing marijuana in York in March 2021, he possessed a 9mm Century Arms Canik 55 semi-automatic pistol. The firearm was loaded with 18 rounds.
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.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York County Drug Task Force, and the York City Police Department. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
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Harrisburg Drug Dealer Affiliated with Local Rap Group Sentenced to over 11 Years’ ImprisonmentRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kaleaf Brown, age 26, of Harrisburg, Pennsylvania, was sentenced on January 3, 2022, to 140 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for drug trafficking and weapons offenses.
According to United States Attorney John C. Gurganus, Brown and his codefendants ran a drug trafficking conspiracy from 2018 to the present. Members of the conspiracy were affiliated with a music group named “Never Forget Loyalty” or “NFL.” As a part of their drug trafficking operation, the “NFL” posted videos on YouTube which were filmed in various Harrisburg locales, including the drug involved premises of 1621 Market Street. In the videos, members of the group brandished various weapons, flashed cash, and displayed drugs. In a yearlong investigation, ATF and the local law enforcement conducted a series of searches. During these searches police recovered part of their arsenal, including a machine gun, assault rifles, and various weapons with extended magazines.
Kaleaf Brown was the latest in a series of defendants to be sentenced for drug trafficking and weapons offenses as a result of the investigation. Brown’s codefendants’ court proceedings are summarized as follows:
- Tyquann Langston, age 26, of Harrisburg, was sentenced to 10 years’ imprisonment for his role in the conspiracy to trafficking crack cocaine and other drugs in the City of Harrisburg;
- Donza Brown, age 57, of Harrisburg, was sentenced to 37 months’ imprisonment for selling crack cocaine and maintaining a drug involved premises at 1621 Market Street in Harrisburg;
- Jaionne Miller, age 21, and Adieas Johnson, age 33, both of Harrisburg, pleaded guilty to drug trafficking and weapons offenses. They are awaiting sentencing; and
- Qushawn Brown, age 30, Wesley Garner, age 28, and Anderson Ortiz, age 22, all of Harrisburg, have pleaded not guilty to their role in these offenses. They are scheduled for trial in March 2022.
The case was investigated by Bureau of Alcohol Tobacco, Firearms, and Explosives, the Harrisburg Bureau of Police, and the Pennsylvania State Police. Assistant U.S. Attorney Michael 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.”
This case was also made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
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.
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York Drug Trafficker Sentenced to 20 Years in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Lamar Johnson, age 34, of York, was sentenced on December 20, 2021, to 20 years in prison by U.S. District Court Judge Christopher C. Conner for trafficking kilos of cocaine and heroin laced with fentanyl.
According to United States Attorney John C. Gurganus, the investigation began with an overdose death in the City of York on December 2, 2017. Investigators identified the victim’s drug source as Johnson. They further determined that Luis Minier, a/k/a “Cito” and Brandon Orr, a/k/a “B Orr”, were bringing kilogram quantities of heroin and cocaine into York on a weekly basis from September 2017 until December 2017. Police arrested and seized over 700 grams of heroin and a kilogram of cocaine during police searches in December 2017.
Johnson’s coconspirators were sentenced to the following:
- Luis Minier, a/k/a “Cito,” age 29, of York, entered a guilty plea to drug trafficking and was sentenced to 10 years in prison;
- Javiel Snellings, age 28, of York entered a guilty plea to drug trafficking and was sentenced to two years of probation; and
- Brandon Orr entered a guilty plea to drug trafficking and was sentenced to 18 ½ years in prison.
The case was investigated by the Capitol Safe Streets Task Force, which included representatives of the Federal Bureau of Investigation, the Pennsylvania State Police, the York County Drug Task Force, and Springettsbury Township Police. The case is being prosecuted by Assistant U.S. Attorney Michael A. Consiglio.
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. 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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North Carolina Man Sentenced to over Nine Years in Prison for A Robbery SpreeRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Rinehardt, age 21 of Statesville, North Carolina, was sentenced on December 21, 2021 to 111 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for a robbery spree.
According to United States Attorney John C. Gurganus, Rinehardt had pleaded guilty to committing five armed robberies of stores and bars in Uptown Harrisburg on April 6, 2019. He also pleaded guilty to robbing at gun point a Rite Aid pharmacy on April 8, 2019.
Rinhardt’s coconspirators, Brandon Harris, age 29, and Childes Neely, age 30, both of Harrisburg, pleaded guilty to robbing the Uptown stores as well as robbing the Rite Aid pharmacy. On December 14, 2021, Kendrick Groover-Floyd, age 32, of Harrisburg, pleaded guilty to robbing the Rite Aid. They are awaiting sentencing.
The case was investigated by the Federal Bureau of Investigation in conjunction with the Harrisburg Bureau of Police. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
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Chambersburg Man Sentenced to 15 Years’ Imprisonment for Production and Possession of Child PornographyRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Robinson, age 32, of Chambersburg, Pennsylvania, was sentenced on December 20, 2021, to 15 years’ imprisonment by United States District Court Judge Christopher C. Conner for production and possession of child pornography. The sentence also includes a 15-year term of supervised release, which will follow the term of imprisonment.
According to United States Attorney John C. Gurganus, Robinson previously admitted that in July 2020 he sexually abused his 8-month-old daughter and filmed and photographed the abuse. Robinson then uploaded the videos and images to a public file-sharing program so that others could view the abuse. Additionally, Robinson downloaded and possessed images and videos depicting child pornography and child sexual abuse from on-line websites. He was arrested in July 2020 and subsequently pleaded guilty to the two offenses.
The case was investigated by the Pennsylvania State Police and Homeland Security Investigations. Assistant U.S. Attorney Daryl F. Bloom and Assistant U.S. Attorney Paul J. Miovas, Jr. 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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Harrisburg Man Sentenced to 151 Months’ 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 Terrance Harden, age 30, of Harrisburg, Pennsylvania was sentenced on December 8, 2021 to 151 months’ imprisonment by U.S. District Court Judge Sylvia H. Rambo for possession with intent to distribute cocaine base and fentanyl and possession of a firearm by a prohibited person.
According to United States Attorney John C. Gurganus, Harden possessed with the intent to distribute fentanyl and cocaine on May 31, 2018, in Harrisburg, and possessed a loaded 9mm handgun in furtherance of drug trafficking as a convicted felon. Harrisburg City Police arrested Harden following a search of his car outside of the Pennsylvania State Parole office.
The case was investigated by the Harrisburg Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Johnny Baer 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.
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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Ghanaian Citizens Sentenced to Prison for Fraud Conspiracy Related to A Romance ScamRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ibrahim Adam, age 33, and Kelvin Aggrey-Arthur, age 28, both Ghanaian citizens, were sentenced to prison for conspiring to commit wire fraud. Adam was sentenced today to 33 months’ imprisonment by United States District Court Judge Christopher C. Conner. On December 17, 2021, Aggrey-Arthur was sentenced to 40 months’ imprisonment by Judge Conner. Both sentences also include a two-year term of supervised release, which will follow the term of imprisonment.
According to United States Attorney John C. Gurganus, both men previously admitted to perpetrating a romance scam in 2019 and 2020 in which they and other co-conspirators developed online relationships with victims and then requested that those victims send them money for various fraudulent reasons, including travel, medical treatment, housing, and schooling. Both men were also ordered to pay restitution to victims, $94,100 for Adam and $25,100 for Aggrey-Arthur.
The case was investigated by the United States Postal Inspection Service, the Susquehanna Township Police Department, and the Dauphin County Criminal Investigation Division. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
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Former Greenfield Township Sewer Authority Manager Found Guilty of Clean Water Act Violations and Wire FraudRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Bruce Evans, Sr., age 68, and Bruce Evans, Jr., age 40, both of Greenfield Township, were found guilty on December 17, 2021, after trial of multiple counts of Clean Water Act violations that occurred at the Greenfield Township wastewater treatment plant beginning in 2013 through 2017. Evans, Sr. was also found guilty of multiple counts of wire fraud and obstruction of correspondence. The trial took place before United States District Court Judge Malachy E. Mannion.
According to United States Attorney John C. Gurganus, Evans, Sr. and Evans, Jr. knowingly failed to operate and maintain the municipality’s wastewater treatment plant in accordance with regulations and limitations specified in a permit issued by the Pennsylvania Department of Environmental Protection (PADEP) and the United States Environmental Protections Agency (EPA). The permit requires that the permittee at all times maintain in good working order, and properly operate and maintain all facilities and systems, which were installed and used by the permittee to achieve compliance with the terms and conditions of the permits. As a result of the defendants’ failures, pollutants were discharged in violation of the permit on multiple occasions.
Prosecutors from the U.S. Attorney’s Office and the EPA presented testimony from 34 witnesses over the course of a trial that began on November 15, 2021 and ended on December 17, 2021. Witnesses included Greenfield Township Sewer Authority (GTSA) board members, Greenfield Township Supervisors, FBI and EPA Special Agents, and multiple PADEP inspectors and supervisors.
Throughout the time covered by the charges, Evans, Sr. was a Greenfield Township Supervisor, a Greenfield Township employee, a GTSA Board Member, and Manager of the GTSA. Evans, Jr. was an employee of Greenfield Township and the GTSA. Evans, Sr. was convicted of twenty (20) counts of Clean Water Act violations; four (4) counts of wire fraud involving the misappropriation of GTSA funds for his personal benefit and the benefit of his family; and four (4) counts of obstruction of PADEP certified mail addressed to his fellow GTSA board members but intercepted by Evans, Sr. Evans, Jr. was convicted of four (4) counts of Clean Water Act violations, and one (1) count of submitting a false statement to the PADEP related to representations and certifications made by Evans, Jr. regarding his professional work experience.
The evidence presented at trial established that after many years of permit non-compliance at the GTSA, the EPA and FBI initiated a criminal investigation in late 2013, which involved the use of covert cameras positioned to surveil activity at the actual GTSA facility and a pump station located on Route 106 in Greenfield Township. The investigation uncovered repeated warnings about deficient facility inspections, permit non-compliance, community complaints about foul odors and visible raw sewage routinely overflowing from the Route 106 pump station, and false statements reported to the PADEP by both Evans Sr. and Evans, Jr. It was also learned that information concerning deficient plant operations and clean water act violations was routinely conveyed directly to Evans, Sr. as the GTSA’s responsible corporate officer from the PADEP, but Evans, Sr. concealed that information from his fellow GTSA board members over a period of many years.
The investigation was jointly conducted by the U.S. Environmental Protection Agency - Criminal Investigations Division, the Federal Bureau of Investigation – Scranton Field Office, and the Pennsylvania Department of Environmental Protection - Northeast Region. Assistant U.S. Attorney Michelle Olshefski and EPA Attorneys W. Martin Harrell and Patricia C. Miller prosecuted the case.
The maximum penalty under federal law for wire fraud is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The Obstruction of Correspondence violations carry a maximum of 5 years’ imprisonment. The Clean Water Act violations carry a maximum of 3 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Sayre Woman Sentenced to 37 Months’ Imprisonment for Laundering $1.89 Million in Fraud ProceedsRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Christine Bradley Okpako, age 54, of Sayre, Pennsylvania, was sentenced on December 15, 2021, to 37 months’ imprisonment by U.S. District Court Chief Judge Matthew W. Brann for conspiring to launder approximately $1.89 million in mail and wire fraud proceeds.
According to United States Attorney John C. Gurganus, Okpako and her husband, codefendant Jabin Godspower Okpako, age 36, of Nigeria, received approximately $1,898,046 million in proceeds from a mail and wire fraud scheme, laundered the funds through numerous bank and wire transactions in multiple states, and transferred the funds out of the United States to three separate bank accounts in Nigeria.
The mail and wire fraud scheme sought to defraud multiple female victims throughout the United States, ranging in age from 55 to 85. The victims had visited online game, relationship and dating web sites, including Instagram, Facebook, Words with Friends, and What’s App. The conspirators, located in the United States and West Africa, befriended the victims through interaction and exchanges of photos on the web sites via text and instant messaging. After cultivating online relationships with the victims, the conspirators fraudulently induced the victims to send and transmit funds for various fictitious reasons and purposes, including to assist a worker in Alaska who fell from a tower, to purchase an apartment in Washington, D.C., to assist the United Nations, to repair machinery and equipment on an oil drilling rig, to pay for medicine, to recover a $6 million inheritance, and to make an investment in gold. After fraudulently inducing the victims to provide funds for these fictitious reasons, the unindicted conspirators instructed the victims to transmit checks and cash to Okpako and Bradley at their residence in Sayre, Pennsylvania.
Chief Judge Brann sentenced Jabin Godspower Okpako on November 23, 2021, to 87 months’ imprisonment.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel prosecuted the case.
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Lebanon County Man Sentenced to 210 Months’ Imprisonment for Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG -The United States Attorney’s Office for the Middle District of Pennsylvania announced today that James Larnerd, age 48, of North Cornwall Township, Lebanon County, was sentenced to 210 months’ imprisonment by U.S. District Court Judge Jennifer P. Wilson for drug trafficking and firearm offenses.
According to United States Attorney John C. Gurganus, Larnerd was convicted on March 24, 2021, following a trial by jury of distributing methamphetamine, possession of a firearms by a prohibited person, and using or maintaining drug premises. Evidence at trial showed that during the execution of a search warrant at Larnerd’s North Cornwall Township residence on June 4, 2019, law enforcement recovered methamphetamine, drug distribution materials, and two loaded handguns. Several witnesses gave testimony at trial detailing the drug trafficking activity at Larnerd’s home.
The case was investigated by the North Cornwall Township Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Johnny Baer 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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Federal Inmate Convicted at Trial for Possessing A Weapon in PrisonRead the Press Release
WILLIAMSPORT—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 16, 2021, Hugo Reynosa, age 26, was convicted of possessing a weapon in federal prison after a bench trial before United States District Court Chief Judge Matthew W. Brann.
According to United States Attorney John C. Gurganus, the evidence presented at trial showed that on May 12, 2020, officers at the United States Penitentiary in Lewisburg, Pennsylvania, initiated a mass search of inmate cells in Hugo Reynosa’s housing block. Officers instructed the inmates to exit their cells without carrying any property. An officer spotted Reynosa exit his cell and throw a bag into a garbage can on the housing range. The officer immediately retrieved and searched the bag, which contained a 6.25-inch piece of metal with a crude handle and sharp point, commonly referred to as a “shank.”
Chief Judge Brann rendered a verdict of guilty on the sole count of the indictment, finding Hugo Reynosa guilty of possessing contraband in prison.
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 Alisan V. Martin are prosecuting the case.
The maximum penalty under federal law for this offense is five years’ imprisonment, a three-year term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances, and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public, and provide for the defendant’s educational, vocational, and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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USP Canaan Inmate Charged with Attempt to Introduce Narcotics and Tobacco into A Federal PrisonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Antonio Bishop, age 37, an inmate at United States Penitentiary, Canaan (USP Cannan), Waymart, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on charges stemming from an attempt to introduce narcotics and tobacco into a federal prison.
According to United States Attorney John C. Gurganus, the indictment alleges that inmate Bishop attempted to provide suboxone and amphetamines, narcotic controlled substances, to inmates, and to possess and obtain tobacco, all of which is considered contraband in a federal prison.
The case was investigated by the Bureau of Prisons Special Investigation Section (SIS) and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum total penalty under federal law for these offenses is 20 years, 6 months of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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USP Canaan Inmate Charged with Assault with A Dangerous Weapon and Possession of A Prohibited ObjectRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Louis Borrero, age 38, an inmate at United States Penitentiary, Canaan (USP Canaan), in Waymart, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on assault and weapon possession charges.
According to United States Attorney John C. Gurganus, the indictment alleges that inmate Borrero assaulted a victim on July 16, 2021 at USP Canaan with a razor blade, which is a contraband weapon in a federal prison.
The case was investigated by the Bureau of Prisons Special Investigation Section (SIS) and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum combined penalty under federal law for these offenses is 15 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Sanchez-Flores, age 33, of Mexico, was indicted on December 15, 2021, by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to United States Attorney John C. Gurganus, Sanchez-Flores was previously deported from the United States to Mexico in January 2016. He is alleged to have illegally reentered the United States again sometime after that time. He was located in the United States on December 5, 2021, in Adams County, Pennsylvania, when a Pennsylvania State Police trooper charged him with public drunkenness and possession of a personal use quantity of marijuana. Those state charges are pending.
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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
Sanchez-Flores faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Missouri Man Indicted for Making Threats Against the Pennsylvania State PoliceRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Damian Smith-Birge, age 26, of Neosho, Missouri, was indicted on December 14, 2021, by a federal grand jury for making threats against the Pennsylvania State Police.
According to United States Attorney John C. Gurganus, the indictment alleges that on November 18, 2021, Smith-Birge telephoned the Pennsylvania State Police Stroudsburg barracks and made threats against law enforcement. The indictment also alleges that during the recorded calls, Smith-Birge referenced the December 2020 officer involved shooting incident that occurred in Hamilton Township, Monroe County, Pennsylvania. Smith-Birge was arrested in Missouri on a federal criminal complaint on November 22, 2021.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Pennsylvania State Police. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for this offense is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Luzerne County Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
SCRANTON: The United States Attorney’s Office for the Middle District of Pennsylvania announced that Arless R. Leito, age 37, of Wilkes-Barre, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney John C. Gurganus, the indictment alleges that Leito possessed with the intent to distribute methamphetamine, cocaine, heroin, and fentanyl on November 17, 2021, in Wilkes-Barre. The indictment also alleges that Leito possessed a 9mm Beretta semi-automatic handgun during and in relation to his drug trafficking activities and after being previously convicted of a felony offense.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Wilkes-Barre Police Department. Assistant U.S. Attorney Jenny P. Roberts 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.”
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances, and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Luzerne County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rasjon Walters, age 26, of Wilkes-Barre, Pennsylvania, was indicted on December 15, 2021, by a federal grand jury for drug trafficking and firearms offenses.
According to United States Attorney John C. Gurganus, the indictment charges Walters with multiple counts of distribution of fentanyl, using and carrying a firearm during and in relation to a drug trafficking crime, and being a convicted felon in possession of a firearm between June 2021 through December 2021, in Luzerne County.
The investigation was conducted by the FBI Safe Streets Task Force, the Pennsylvania State Police, and the Wilkes-Barre Police Department. 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
Under federal law, the drug trafficking offenses each carry a maximum sentence of twenty years in prison, a term of supervised release following imprisonment, and a fine. The charge of using and carrying a firearm during and in relation to a drug trafficking crime carries a mandatory minimum sentence of five years in prison, which must be served consecutive to any other sentence, up to a maximum sentence of life. The charge of felon in possession of a firearm carries a maximum sentence of ten years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lancaster County Man Charged with Drug TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Alvarez-Carrillo, age 65, of Columbia, Pennsylvania, was indicted on December 15, 2021 by a federal grand jury for drug trafficking.
According to U.S. Attorney John C. Gurganus, the indictment charges Alvarez-Carrillo with two counts of distribution of methamphetamine and one count of possession with intent to distribute methamphetamine. It alleged that the offenses took place in York County between April and May 2021.
This case was investigated by the FBI and the Pennsylvania State Police. Assistant U.S. Attorney Christian T. Haugsby 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.
Indictments are only allegations. All persons charged by indictment are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for the offenses charged in the indictment is life imprisonment, a $10 million fine, and up to lifetime supervised release. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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State College Man Charged with Failure to Pay TaxesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 14, 2021, Scott Lykens, age 44, of State College, Pennsylvania, was charged by criminal information for failure to pay federal income and payroll taxes.
According to United States Attorney John C. Gurganus, Lykens was the owner and operator of a medical billing company, Keystone Medical Management Solutions, Inc. (KMMS, Inc.) doing business in Centre County, Pennsylvania. The information alleges that KMMS, Inc. withheld taxes from its employees’ paychecks, including federal income taxes, Medicare and Social Security taxes (referred herein as payroll taxes) and was required to make deposits of the payroll taxes to the IRS on a periodic basis and file Employer’s Quarterly Federal Income Tax Returns. KMMS, Inc. as an employer was required to pay the employer’s share of Social Security and Medicare taxes on behalf of its employees. It is alleged that between 2015 and 2019, Lykens failed to pay over to the IRS taxes that he had withheld from the employees of KMMS, Inc. The total unpaid tax liability was $1,044,796.
This case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Geoffrey W. MacArthur is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Philadelphia Attorney Charged with Pandemic Relief FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 13, 2021, Jonathan Olivetti, age 41, of Philadelphia, Pennsylvania, was charged by criminal information with wire fraud in connection with a scheme to obtain COVID-19 pandemic relief money he was not entitled to receive.
According to United States Attorney John C. Gurganus, the information alleges that between June 18, 2020 and February 2021, Olivetti, a licensed attorney, applied for two Paycheck Protection Program (PPP) loans and two Economic Injury Disaster Loans (EIDL) on behalf of Olivetti Law, LLC. Both loan programs were authorized or expanded by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act -- a federal law enacted in March 2020 that provided emergency financial assistance to millions of Americans suffering financial difficulties from the economic impact of the COVID-19 pandemic.
With respect to the PPP loans, Olivetti allegedly made materially false representations by inflating the payroll of Olivetti Law, LLC in the on-line applications and received $41,600 based upon those false representations. In addition, Olivetti made application for two two Economic Injury Disaster Loans (“EIDL”) which were to provide low-interest financing (including forgivable $10,000 advances) to small businesses experiencing substantial financial disruption resulting from the COVID-19 pandemic. Olivetti’s EIDL loan applications each sought approximately $62,500 on behalf of Olivetti Law, LLC. The applications contained inflated gross receipts of Olivetti Law and ultimately were not approved by the SBA.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New York Man Charged for Being A Convicted Felon in Possession of A Firearm and AmmunitionRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 28, 2021, Walik Skeete, age 44, of Binghamton, New York, was indicted by a federal grand jury for being a convicted felon in possession of a firearm and ammunition. The case was unsealed following Skeete’s arrest.
According to United States Attorney John C. Gurganus, the indictment alleges that on August 4, 2021, Skeete was in possession of a Beretta 9mm handgun and rounds of ammunition as a previously convicted felon.
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.”
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
Under federal law, the maximum penalty is up to ten years in prison, a term of supervised release and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Sentenced to 10 Years’ Imprisonment for Attempted Online Enticement of A Minor to Engage in Sexual ActivityRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Earnest Lee Pittman, Jr., age 46, of Cresco, Pennsylvania, was sentenced on December 14, 2021 to ten years’ imprisonment to be followed by five years of supervised release by United States District Court Judge Robert D. Mariani, for attempted online enticement of a minor to engage in sexual activity.
According to United States Attorney John C. Gurganus, between August 4, 2020 and August 12, 2020, Pittman used the internet and a cellular phone to attempt to persuade someone he believed to be a 15-year-old minor to engage in sexual activity. When he arrived for the encounter, Kingston Municipal Police officers arrested Pittman.
The matter was investigated by the Federal Bureau of Investigation (FBI) and the Kingston Municipal Police Department. Assistant U.S. Attorney Jenny P. Roberts 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 County Nurse Charged with Stealing Prescription Drugs from A Hospice PatientRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that licensed practical nurse (LPN) Dana Aldinger, age 55, of York, PA, was charged by criminal information with theft in connection with health care.
According to United States Attorney John C. Gurganus, the criminal information alleges that on or about August 10, 2019, Aldinger stole and converted for personal use Oxycodone pills prescribed for a Medicare hospice patient residing at a personal care home where she was employed.
The case was investigated by the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services, Harrisburg Field Office, and the Bureau of Narcotics Investigations (BNI) of the Pennsylvania Office of Attorney General. Assistant U.S. Attorney Samuel S. Dalke is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for the offense charged is one year of imprisonment, a term of supervised release following imprisonment, and a $100,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two USP Lewisburg Inmates Charged with Possessing Contraband in Federal PrisonRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jordan Reid, age 29, and Ralph Hooper, age 43, inmates at United States Penitentiary (USP Lewisburg), Lewisburg, Pennsylvania, were charged separately by criminal information with unlawfully possessing contraband in federal prison.
According to United States Attorney John C. Gurganus, the criminal informations allege that on September 29, 2021, Hooper possessed a black Android cellphone and on October 5, 2021, Reid possessed a black LG cellphone while serving their federal sentences at USP Lewisburg. Federal law prohibits inmates from possessing cellphones due to the institutional security risks posed by their use.
The matter is being 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 are prosecuting the cases.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for this offense is one year of imprisonment. Under the Federal Sentencing Guidelines, the judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational, and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Steelton Borough Man Sentenced to 21 Months’ Imprisonment for Mail FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 9, 2021, Imhram Clarke, age 44, of Steelton, Pennsylvania was sentenced to 21 months’ imprisonment for mail fraud by U.S. District Court Judge Christopher C. Conner.
According to United States Attorney John C. Gurganus, Clarke pleaded guilty to a one-count information charging him with mail fraud on March 26, 2021. Between July 2010 and December 2018, Clarke, working with other unnamed co-conspirators, played the role of a middleman or “money mule” in a Jamaica-based fraud scheme in which seven victims, four of whom were age 80 or older, lost around $194,723. Clarke retained a portion of the fraud proceeds sent to him and then transferred the remaining proceeds to other fraudsters in Jamaica via Western Union or MoneyGram money transfers.
One of Clarke's victims was a 93-year-old War II veteran from Ann Arbor, Michigan. From November 2018 until December 2018, the victim was defrauded of about $35,000 or more through a scheme in which victims sent fraudsters money as an “advance” payment in order to redeem a promised sweepstakes prize. This victim mailed money to Clarke’s residence in Steelton, Pennsylvania on multiple occasions, including one mailing of $5,000 in cash that was intercepted by members of the U.S. Postal Inspection Service.
Clarke was also ordered to pay $41,838.50 in restitution and to serve a three-year term of supervised release following his prison sentence.
The case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorney Ravi Romel Sharma prosecuted the case.
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Norristown Man Indicted on Charges of Trafficking in Counterfeit MerchandiseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 19, 2021, Alpha Jalloh, age 48, of Norristown, Pennsylvania, was indicted by a federal grand jury on charges of trafficking in counterfeit merchandise. The indictment was unsealed following Jalloh’s arrest.
According to United States Attorney John C. Gurganus, the indictment alleges that on December 9, 2020 and February 26, 2021, Jalloh possessed and sold counterfeit designer merchandise, including Gucci, Nike/Air Jordan and Michael Kors items in Luzerne County.
The case was investigated by Homeland Security Investigations (HSI), the Pennsylvania State Police, and the Wilkes-Barre City Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Justice Department Awards More Than $17.5 Million to Support Project Safe NeighborhoodsRead the Press Release
HARRISBURG – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Pennsylvania Commission on Crime and Delinquency was awarded funding totaling $155,117 to administer PSN grant funds in the Middle District of Pennsylvania.
The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
“This award of $155,117 will, in part, support an expansion of the Violent Crime Reduction Program (VCRP) which seeks to reduce firearms violence in the City of York by implementing data driven strategies to identify, deter and prosecute violent individuals in targeted areas,” said United States Attorney John C. Gurganus. “A portion of the award will also be dedicated to the family engagement unit in York City to help the families of criminal offenders, and other at risk individuals, to maintain a law abiding lifestyle.”
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf.
Information about these and other FY 2021 grant awards from the Office of Justice Programs can be found online at the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
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Williamsport Man Sentenced to Five Years’ Imprisonment for Firearm OffenseRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 7, 2021, Joshair Jones, age 19, of Williamsport, Pennsylvania, was sentenced to five years’ imprisonment to be followed by three years of supervised release by Chief U.S. District Court Judge Matthew W. Brann for possession of a firearm with an obliterated serial number.
According to United States Attorney John C. Gurganus, Jones possessed the firearm between August 1 and August 16, 2020. The firearm was recovered by law enforcement on August 16, 2020, and further analysis of the weapon revealed fingerprints that were a match for Joshair Jones.
At the sentencing hearing, the United Stated presented evidence of Jones’s involvement in a shooting that occurred on July 31, 2020, in Williamsport, along with Jones’s possession of a rifle on August 16, 2020. The Court listened to recorded phone calls in which Joshair Jones acknowledged his role in the shooting and discussed a potential retaliatory shooting that individuals threatened would occur in a residential neighborhood in Williamsport. The United States also played a phone call in which Jones directed another individual to bring him a semi-automatic rifle on August 16, 2020. That rifle was recovered by law enforcement on August 19, 2020.
In sentencing the defendant to the maximum allowed, Chief Judge Brann called Jones one of the more dangerous individuals who had come before him.
The investigation was conducted by the Pennsylvania State Police, the Williamsport Bureau of Police, the Lycoming County Narcotics Enforcement Unit, the Federal Bureau of Investigation, and the Drug Enforcement Administration. Assistant United States Attorney Alisan V. Martin 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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Scranton Doctor Pleads Guilty to Unlawfully Prescribing Controlled Substances and Health Care FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Scranton physician, Kurt Moran, age 69, pleaded guilty before U.S. District Court Judge Robert D. Mariani to charges related to the unlawful distribution of controlled substances and engaging in a health care fraud scheme.
According to United States Attorney John C. Gurganus, Moran pleaded guilty to the unlawful distribution of a controlled substance (Subsys), maintaining a drug-involved premises, and health care fraud. For purposes of his guilty plea, Moran further agreed that he knowingly and intentionally distributed oxycodone and fentanyl, Schedule II controlled substances, outside the usual course of professional practice and not for legitimate medical purposes, and that the death of “J.B.” resulted from the use of the substances.
With respect to the health care fraud scheme, between December 2014 and through 2017, Moran conspired with others to receive bribes in exchange for prescribing the drug Subsys (sublingual fentanyl) to his patients. Subsys is a transmucosal immediate release fentanyl (TIRF) drug. It is approved by the Food and Drug Administration (FDA) only for use in cancer patients suffering from breakthrough cancer pain. It is alleged that a company paid Moran approximately $140,000 over a two-year period to prescribe Subsys to his patients for pain not associated with cancer. In order to conceal and disguise that kickbacks and bribes were being paid to Moran to prescribe Subsys, the company falsely designated the payments to Moran as “honoraria” for purportedly providing educational presentations regarding Subsys. Moran prescribed millions of micrograms of the sublingual fentanyl spray to patients with no cancer diagnosis and not suffering from breakthrough cancer pain.
“Today at his guilty plea, Kurt Moran admitted that he ran his Scranton medical practice for the purpose of distributing high dosages of opioids outside the usual course of professional practice and not for legitimate medical purposes,” said United States Attorney John C. Gurganus. “In illegally prescribing these highly addictive and dangerous drugs, he often did so without conducting a meaningful physical examination to verify the claimed illness or condition, and, at times without even seeing the patients -- all while knowing that such illegal practices could result in overdoses, dependence, addiction, and, in at least one case, death. We are committed to work vigorously to combat the opioid epidemic, and a key component of that effort is to prosecute rogue doctors who betray their professional obligations.”
Moran surrendered his DEA registration on September 18, 2020. His license to practice medicine in the Commonwealth of Pennsylvania was suspended on October 7, 2020.
As part the plea agreement entered in the case, the parties agreed to recommend that the Court impose a sentence of 144 months’ incarceration. Moran further agreed to a forfeiture order in the amount of $134,000.
The charges stem from an investigation initiated in 2016 by the Drug Enforcement Administration (DEA) located in Scranton, the United States Postal Service – Office of Inspector General, and the Pennsylvania Attorney General’s Office. Assistant United States Attorneys Michelle Olshefski and Michael Consiglio are prosecuting the case.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute for the unlawful distribution of controlled substances and maintaining drug-involved premises is 20 years’ imprisonment. The charge related to health care fraud carries a maximum sentence of 10 years’ imprisonment. Each charge also carries a fine and a term of supervised release following any period of incarceration. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Dillsburg Man Sentenced to 45 Months’ Imprisonment for Possessing A Destructive DeviceRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Madziarek, age 38, of Dillsburg, Pennsylvania, was sentenced to 45 months’ imprisonment on December 3, 2021, by United States District Court Judge Christopher C. Conner for unlawfully possessing a destructive device. The sentence also includes a two-year term of supervised release, which will follow the term of imprisonment.
According to United States Attorney John C. Gurganus, Madziarek previously admitted that in August 2020, he possessed a destructive device, along with an electrical box that could have initiated the device, on a wooded property in Cumberland County. The device, which was made out of PVC pipe, was capable of causing death, serious bodily injury, and property damage.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney Kim Douglas Daniel prosecuted the case.
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Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Efrain Gregorio-Gonzalez, age 22, of Mexico, was indicted on December 1, 2021, by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to United States Attorney John C. Gurganus, Gregorio-Gonzalez was previously deported from the United States to Mexico in September 2018. He is alleged to have illegally reentered the United States again sometime after September 2018 and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne M. Sanderson is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
Gregorio-Gonzalez faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Maryland Woman Indicted for Passing Fraudulent ChecksRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lucy Annette Alexander, age 35, of Maryland and Washington, DC, was indicted on December 1, 2021, by a federal grand jury on seven counts of bank fraud for using checks in a fraudulent manner at stores located in the Middle District of Pennsylvania.
According to United States Attorney John C. Gurganus, the indictment alleges that between August 2019 and June 2021, Alexander wrote numerous checks at retail store locations, including PetSmart, Sears, Dollar Tree, Weis Markets (or Weis Pharmacy), Food Lion, MOM’s Organic Market, Giant Food, Harris Teeter, The Home Depot, Sally Beauty, Advance Auto Parts, Costco, Barnes & Noble, Hobby Lobby, BJ’s Wholesale Club, CVS Pharmacy, Party City, SHOE SHOW, Bed Bath & Beyond, Roses Discount Store, and others. It is also alleged that the JPMorgan Chase bank accounts from which Alexander wrote these checks were already closed and therefore did not have adequate funds to cover purchases at the above retail stores. Alexander wrote over 200 checks from just one account after it was already closed. The total amount of fraudulent checks written was over $200,000.
It’s also alleged that in May 2020, Alexander wrote and used seven checks from a Chase Bank account for a total of over $17,000, knowing that her account had insufficient funds to cover these checks. These checks were used to purchase goods at Weis Markets, Giant Food, and Roses Discount Store locations in the Middle District of Pennsylvania.
The case was investigated by the U.S. Secret Service. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for bank fraud is 30 years’ imprisonment. This charge may also carry a fine of up to $1,000,000 and a term of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Maryland Man Charged with Multiple Bank RobberiesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 1, 2021, James Henderson Bryant III, of Westminster, Maryland, was indicted by a federal grand jury for committing five bank robberies in Adams, Cumberland, and York Counties between July 19, 2021 and October 5, 2021.
According to U.S. Attorney John C. Gurganus, the indictment alleges that Bryant robbed branches of BB&T Bank and Citizens Bank taking approximately $28,823 in total during the five robberies:
- July 19, 2021 - BB&T Bank, Hanover, PA $3,026
- August 9, 2021 - BB&T Bank, Gettysburg, PA $8,670
- August 30, 2021 - BB&T Bank, Spring Grove, PA $8,710
- September 22, 2021 - Citizens Bank, Dillsburg, PA $6,206
- October 5, 2021 - Citizens Bank, Carlisle, PA $2,211
The indictment also alleges that Bryant used a dangerous weapon during the commission of two of the robberies. Angell Dawn Peacher, age 34, of Westminster, Maryland, was also charged with aiding and abetting Bryant’s commission of the October 5, 2021, bank robbery.
This case was investigated by the FBI. Assistant U.S. Attorney Christian T. Haugsby 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.
Indictments are only allegations. All persons charged by indictment are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for armed bank robbery is 25 years in prison and a $250,000 fine, followed by a period of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lancaster Man Charged with Drug Trafficking and Money LaunderingRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dwayne Sherman, age 47, of Lancaster, Pennsylvania, was charged in an eight-count superseding indictment on December 1, 2021, by a federal grand jury on drug trafficking and money laundering charges.
According to United States Attorney John C. Gurganus, the superseding indictment charges Sherman with one count of conspiring to distribute more than 500 grams of cocaine between October 2015 and May 2018, in the Middle District of Pennsylvania, California, and elsewhere and seven counts of money laundering.
Sherman was previously charged in October 2015 and awaiting trial in the Middle District of Pennsylvania on money laundering charges related to sending thousands of dollars in drug related proceeds to Mexico to pay for illegal controlled substances.
The case was investigated by the Internal Revenue Service, the Federal Bureau of Investigation, and the Hawthorne (California) Police Department. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (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.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for the most serious offense is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Inmates Charged with Possessing A Prohibited ObjectRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that three inmates at Federal Correctional Institute – Schuylkill (FCI Schuylkill), Minersville, Pennsylvania, were charged separately by criminal information with unlawfully possessing a prohibited object.
According to United States Attorney John C. Gurganus, Matthew Davis, age 42, was charged by criminal information with possessing a Samsung cellphone on September 4, 2021;
Keon White, age 32, was charged by criminal information with possessing an LG cellphone on October 27, 2021; and Antwain Hill, age 43, was charged by criminal information with possessing a Samsung cellphone on November 4, 2021.
Under federal law, it is illegal for inmates to possess cellular phones due to the security related issues that their use by inmates presents to the institution.
The matter is being investigated by the Federal Bureau of Prisons. Assistant United States Attorney Sean A. Camoni is prosecuting the case.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for this offense is one year of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Federal Officials Close the Review into the Death of Everett Palmer Jr.Read the Press Release
HARRISBURG – The U.S. Attorney’s Office for the Middle District of Pennsylvania announced today that there is insufficient evidence to pursue federal criminal civil rights charges against York County Prison personnel related to the death of Everett Palmer Jr.
According to U.S. Attorney John C. Gurganus, yesterday, officials from the department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Pennsylvania notified representatives of the Palmer family to inform them of this decision. Palmer died following an emergency cell extraction after exhibiting self-injurious behavior. The medical examiner determined that his death was caused by complications following an excited state (excited delirium), associated with methamphetamine toxicity, during physical restraint.
Federal authorities examined all of the material and evidence in the State case generated by the Pennsylvania State Police and the Office of the District Attorney of York County (DAO), including statements made by corrections officers, witness statements, video recordings, medical reports, and prison policies and procedures.
The federal review sought to determine whether corrections officers violated federal law by willfully using unreasonable force against Palmer or by acting with deliberate indifference to his known medical needs. Under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. To establish willfulness, federal authorities must show that the officer(s) acted with the deliberate and specific intent to do something the law forbids. This is one of the highest standards of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation.
After a careful and thorough review into the facts surrounding the incident, federal investigators determined that there is insufficient evidence to prove beyond a reasonable doubt a violation of the federal statute. The evidence, when viewed as whole, is insufficient to establish beyond a reasonable doubt that the use of force by corrections officers was “objectively unreasonable” or that corrections officers acted with deliberate indifference to Palmer’s known medical needs. The evidence is also insufficient to establish that any corrections officer acted with the specific intent to break the law.
Accordingly, the investigation into this incident has been closed. This decision is limited strictly to the department’s inability to meet the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of this incident.
The Justice Department is committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
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New Jersey Man Charged with Distribution of Controlled Substances Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 9, 2021, Daniel D. Wheeler, a/k/a “Danny Manhattan,” age 32, of Jersey City, New Jersey, was charged by a federal grand jury with drug distribution resulting in death and conspiring to do the same. The case was unsealed following Wheeler’s arrest on November 30, 2021.
According to United States Attorney John C. Gurganus, the indictment alleges that Wheeler conspired to knowingly and intentionally distributing controlled substances, including fentanyl and heroin, within the Middle District of Pennsylvania, resulting in the death of a person. The indictment further alleges that Wheeler aided and abetted by another, did distribute heroin and fentanyl on March 31, 2020, which led to the death of another.
The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, the Monroe County District Attorney’s Office, the Pocono Mountain Regional Police Department, and the United States Marshals Service. Assistant United States Attorney James M. Buchanan is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl. 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.
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.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
In this case, the maximum penalty under the federal statute for drug distribution resulting in death is life imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lebanon County Man Pleads Guilty to Fraudulently Obtaining Pandemic Unemployment AssistanceRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 30, 2021, Luis Mercado, age 44, of Lebanon, Pennsylvania, pled guilty before U.S. District Court Judge Sylvia H. Rambo, to wire fraud for fraudulently claiming pandemic unemployment assistance funds.
According to United States Attorney John C. Gurganus, Mercado began claiming Pandemic Unemployment Assistance in August 2020 despite being employed with the United States Department of Agriculture as a poultry inspector. Mercado falsely claimed that he was unemployed due to the pandemic or a major disaster, and he received benefits based on this false claim. Mercado reaffirmed his unemployment status on a weekly basis and ultimately received $37,555 in fraudulently obtained unemployment benefits. Mercado pleaded guilty to a single count of wire fraud based on his course of conduct.
“This investigation and prosecution should send a strong zero-tolerance message to those individuals who explicitly apply for aid to exploit taxpayer funded pandemic relief programs,” said Bethanne M. Dinkins, Special Agent in Charge, USDA-Office of Inspector General. “We appreciate the partnership with our federal partners in pursuing this type of fraud and holding these bad actors to account in this great time of need.”
“Luis Mercado fraudulently applied for and received Pennsylvania Pandemic Unemployment Assistance (PUA) benefits,” stated Syreeta Scott, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General. “Mercado submitted weekly certifications where he falsely certified that he was unemployed due to COVID-19 while he was actively employed as a food inspector by the United States Department of Agriculture. The U.S. Department of Labor Office of Inspector General will continue to work with the Pennsylvania Department of Labor and Industry and our federal law enforcement partners to safeguard the integrity of unemployment compensation benefits programs.”
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was investigated by the U.S. Department of Agriculture Office of Inspector General and the U.S. Department of Labor Office of Inspector General. Assistant U.S. Attorney Paul J. Miovas, Jr. is prosecuting the case.
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.
The maximum penalty under federal law for this offense is twenty years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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