Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Previously Deported Alien Sentenced to Eight Months’ ImprisonmentRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 30, 2021, Ramon Tavarez-Ramirez, age 49, was sentenced to time served of eight months’ imprisonment followed by one year of supervised release, by United States District Court Judge Sylvia Rambo for illegal re-entry of a previously deported alien.
According to United States Attorney John C. Gurganus, Tavarez-Ramirez pleaded guilty to having illegally reentered the United States sometime after his last removal in February 2003 following a conviction for a felony. In reentering the United States, Tavarez-Ramirez eluded examination or inspection by immigration officers. He was found in Adams County on March 21, 2021, when arrested for driving under the influence by the Eastern Adams Regional Police Department.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne M. Sanderson prosecuted the case.
# # #
Huntingdon Man Sentenced to 20 Years’ Imprisonment for Receiving Child PornographyRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brendon Rothrock, age 23, of Huntingdon, Pennsylvania, was sentenced on November 24, 2021, to 20 years’ imprisonment by United States District Court Judge Jennifer P. Wilson for receiving 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, in February 2018, Rothrock communicated with another individual through Kik Messenger regarding the sexual exploitation of children. Through those communications, Rothrock encouraged the other individual to sexually assault an 18-month-old girl. The other individual complied and, at Rothrock’s request, sent Rothrock images of the assault. Rothrock also received hundreds of additional images of child pornography.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney James T. Clancy 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.”
# # #
Nigerian Man Sentenced to 87 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 Jabin Godspower Okpako, age 36, was sentenced on November 23, 2021, to 87 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, Jabin Okpako and his wife, codefendant Christine Bradley Okpako, age 54, of Sayre, Pennsylvania, 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.
In sentencing Okpako, Chief Judge Brann stated that Okpako and his wife continued to transfer fraud proceeds to Nigeria even after numerous banks closed their accounts based on the suspicious and irregular nature of the transactions. Chief Judge Brann also noted that Okpako and his wife continued to conduct money laundering transfers despite receiving a warning letter from the FBI concerning their activities. Chief Judge Brann ordered Okpako to make restitution in the amount of $440,950 to victims and forfeit proceeds of the criminal activity.
Christin Bradley Okpako plead guilty on March 31, 2021, to conspiracy to commit money laundering through mail and wire fraud and is awaiting sentencing.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel prosecuted the case.
# # #
Missouri Man Charged with Interstate Threats Against the Pennsylvania State PoliceRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 22, 2021, Damian Smith-Birge, age 26, of Neosho, Missouri, was charged by criminal complaint with interstate threats and taken into custody by agents of the Federal Bureau of Investigation.
According to United States Attorney John C. Gurganus, the affidavit to the complaint alleges that on November 18, 2021, Smith-Birge called the Pennsylvania State Police Stroudsburg barracks and made threats against law enforcement. The affidavit 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 appeared before a Federal Magistrate Judge in Missouri on November 23, 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.
Criminal Complaints 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.
###
New York Man Sentenced to over 19 Years’ Imprisonment for Firearms OffensesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lance Green, age 43, of Bronx, New York, was sentenced on November 19, 2021 to 235 months’ imprisonment followed by three years supervised release by United States District Court Judge Robert D. Mariani, for possession of a firearm by a convicted felon and possession of a firearm with an obliterated serial number.
According to United States Attorney John C. Gurganus, on March 18, 2021, following a four-day trial, a jury convicted Green of possessing and displaying a firearm that had an obliterated serial number during a neighbor dispute in Kingston, Pennsylvania, on October 5, 2017.
Green had previously been convicted of multiple felony offenses and was on state parole at the time of the offense. On August 17, 2020, while on federal pretrial release, Green committed and was convicted by a Lackawanna County jury of possession with intent to distribute a controlled substance. In September, Green was sentenced to 7 ½ to 15 years of imprisonment on the state offense. Judge Mariani ordered that his federal sentence be served consecutively to the state parole violation and the Lackawanna County sentence.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kingston Police Department. Assistant United States Attorney Jenny P. Roberts 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.
###
New Hampshire Man Sentenced to 12 Months and One Day Imprisonment for Conspiring to Defraud the IRSRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric Judkins, age 46, of Manchester, New Hampshire, was sentenced to 12 months and one day in prison to be followed by three years of supervised release by U.S. District Court Chief Judge Matthew W. Brann for conspiring to defraud the Internal Revenue Service (IRS). Chief Judge Brann also ordered Judkins to pay restitution in the amount of $11,031.37 to the IRS.
According to U.S. Attorney John C. Gurganus, Judkins participated in a scheme to defraud the IRS while he was an inmate at U.S.P. Allenwood. As part of the scheme, Judkins and others sought refunds from the IRS to which they were not entitled by submitting Form 1040EZs with false information on 80 occasions. The conspiracy sought $108,000 from the IRS, although only a fraction of this amount was paid out before the scheme was discovered.
The case was investigated by the Internal Revenue Service. Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case.
# # #
Justice Department Announces $139 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
SCRANTON – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the Middle District of Pennsylvania three municipalities were awarded funding totaling $834,200.
“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”
“Today’s awards will strengthen three police departments in the Middle District of Pennsylvania by funding the hiring of a total of five officers who will help protect and build trust with the public,” said United States Attorney John C. Gurganus. “These grants are in high demand by law enforcement agencies nationwide and there is a highly competitive award selection process. We are pleased to see awards granted to three of our municipalities.”
The following municipalities in the Middle District of Pennsylvania received awards:
- Borough of Steelton - $250,000
- Tobyhanna Township - $250,000
- City of York - $334,200
CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here.
Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.
To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/. The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.
###
Jury Convicts Harrisburg Bar Owner and A Restaurant Owner for Drug Trafficking and Weapons OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that two Harrisburg business owners, Saqueena “Queenie” Williams, age 46, of Harrisburg, Pennsylvania, and Nyree “Gram” or “Grannie” Letterlough, age 50, of Harrisburg, were convicted by a federal jury of selling cocaine and using their bar and a local business to conceal their drug trafficking. The jury trial was held this week before U.S. District Court Judge Christopher C. Conner.
According to U.S. Attorney John C. Gurganus, during the trial, the government presented evidence of a years-long investigation of the drug trafficking group, which culminated in the February 1, 2018 arrests and searches of locations under the control of Williams and Letterlough. During those sweeps, police recovered stolen guns, hundreds of grams of cocaine, crack, over $100,000 in cash, a white Bentley convertible, and other evidence.
Williams, the operator of Queenies Café, was convicted of running a drug trafficking conspiracy from 2012 to 2018. The jury also found that five kilograms of cocaine were distributed. Williams was also convicted of possessing guns in furtherance of her drug trafficking and possessing a stolen weapon. Williams also surrendered her interests in Queenies Café located in Harrisburg, as well as the liquor license and other properties.
Letterlough was also convicted of drug trafficking, possessing a gun in furtherance of drug trafficking, and possession of a stolen gun. These items were also seized during the February 1, 2018 sweep. Letterlough also surrendered her interests in Grams Grill located in Harrisburg, and other property.
The case was investigated by the Pennsylvania State Police, the Federal Bureau of Investigation, the Harrisburg Police Department and numerous other law enforcement agencies. Assistant U.S. Attorneys Michael Consiglio and Samuel Dalke are prosecuting the case.
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.
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 some of the offenses 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.
# # #
Federal Inmate Sentenced to 51 Months’ Imprisonment for Assault with A Dangerous WeaponRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Brian Olson, age 42, originally from Saint Paul, Minnesota, was sentenced on November 5, 2021, to 51 months’ imprisonment by United States District Court Chief Judge Matthew W. Brann for assault with a dangerous weapon.
According to U.S. Attorney John C. Gurganus, on May 20, 2020, while Olson was an inmate at the United States Penitentiary, Allenwood, White Deer, Pennsylvania, he attacked a fellow inmate by hitting the inmate on the head with a metal object tied inside a sock. The victim needed three staples to close the laceration on his head.
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Geoffrey W. MacArthur prosecuted the case.
# # #
Federal Inmate Sentenced to 12 Months’ Imprisonment for Smuggling Suboxone into PrisonRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tyrone Wayne Meachem, age 40, was sentenced on November 17, 2021, to 12 months’ imprisonment by United States District Court Chief Judge Matthew W. Brann for possessing buprenorphine in prison.
According to U.S. Attorney John C. Gurganus, in April 2018, Meachem was an inmate at the Federal Correctional Institution, Allenwood (FCI Allenwood), in White Deer, Pennsylvania. On April 7, 2018, Jessika Ann Sanders visited Meachem at FCI Allenwood and gave him a sandwich with three balloons that held 68 Suboxone strips that contained buprenorphine, a controlled substance. Meachem admitted to police investigators that the balloons were hidden in his sandwich. Meachem had agreed to smuggle in the Suboxone to pay off a debt to another inmate.
Jessika Ann Sanders was charged on December 12, 2019, with conspiracy to distribute a controlled substance, distribution of a controlled substance, and providing contraband in prison. Sanders is currently awaiting trial.
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Geoffrey W. MacArthur prosecuted the case.
# # #
Texas Man Charged with Commercial Bribery and Tax FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 17, 2021, Mark Holmes, age 66, of Hughes Springs, Texas, was charged in a criminal information with honest services wire fraud and failing to remit employment taxes to the Internal Revenue Service (IRS).
According to United States Attorney John C. Gurganus, the information alleges that from 2014 through 2017, Holmes, as the General Manager of a Pennsylvania food services company, accepted approximately $400,000 in bribes and kickbacks from two temporary staffing companies, in exchange for their hiring employees. The two temporary staffing companies, in turn, received approximately $7,800,000 from Holmes’s employer.
Holmes also was charged with failing to remit employment taxes to the IRS for a separate temporary staffing company, Encore Staffing Solutions LLC, that he owned and operated with other coconspirators. From March 2018 through December 2020, Holmes and his coconspirators allegedly failed to pay approximately $135,000 in employment taxes owed by Encore Staffing Solutions LLC to the IRS.
The case was investigated by the IRS Criminal Investigations Division. The case is being prosecuted by Assistant U.S. Attorney Phillip J. Caraballo.
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 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.
# # #
Stroudsburg Man Charged with Drug Trafficking OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 16, 2021, Keith Parson, age 49, of Stroudsburg, Pennsylvania, was indicted by a federal grand jury for drug trafficking offenses.
According to United States Attorney John C. Gurganus, the indictment charges Parson with two counts of distributing heroin and fentanyl on October 25 and November 1, 2021, and one count of possession with intent to distribute heroin and fentanyl on November 10, 2021, in Monroe County.
The matter was investigated by the Federal Bureau of Investigation and its state and local law enforcement partners in Monroe County. Assistant United States Attorney Jeffery St John 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.
The maximum penalty under federal law for these offenses is 20 years 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.
# # #
Stroudsburg Man Charged with Drug Trafficking and Firearm OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 16, 2021, Malik Adoyi, age 24, of Stroudsburg, PA, was indicted by a federal grand jury for drug trafficking and firearm offenses.
According to United States Attorney John C. Gurganus, the indictment charges Adoyi with five counts of distribution of heroin and fentanyl, one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl between July 16 and November 10, 2021, in Monroe County, and one count of being a felon in possession of a firearm on November 10, 2021.
The matter was investigated by the Federal Bureau of Investigation and its state and local law enforcement partners in Monroe County, Pennsylvania. Assistant United States Attorney Jeffery St John 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.
The maximum penalty under federal law for these offenses is 40 years 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.
# # #
Previously Deported Alien Sentenced to Time Served for Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 17, 2021, Hector Bienvenido Amador-Medina, age 34, was sentenced to time-served of two months and seven days followed by one year of supervised release, by United States District Court Judge Jennifer P. Wilson for illegal re-entry of a previously deported alien.
According to United States Attorney John C. Gurganus, Amador-Medina previously pleaded guilty to illegally reentering the United States sometime after his last removal in June 2018 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 prosecuted the case.
# # #
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 on November 3, 2021, Salvador Dionisio-Guillermo, age 42, of Mexico, was indicted 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, Dionisio-Guillermo was previously deported from the United States to Mexico in November 2008. He is alleged to have illegally reentered the United States again sometime after November 2008 and was found in the United States in Franklin 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.
Dionisio-Guillermo faces a maximum penalty of two 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.
# # #
Pottsville Man Charged with Drug Trafficking and Firearm OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 16, 2021, Casian Amir Jackson-Flowers, age 21, of Pottsville, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearm offenses.
According to United States Attorney John C. Gurganus, the indictment charges Flowers with possession with intent to distribute cocaine and methamphetamine. The indictment also charges Flowers with possessing a Ruger P89 8mm pistol, with an obliterated serial number, in furtherance of a drug trafficking crime.
The matter was investigated by the Federal Bureau of Investigation (FBI), the Schuylkill County District Attorney’s Office, and the Pottsville Police Department. Assistant United States Attorney James Buchanan is prosecuting the case.
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 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 these offenses 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.
# # #
Maryland Cattle Brokers Plead Guilty to Defrauding the United StatesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 2, 2021, Daniel Gutman and Benjamin Gutman, both age 39 and residents of Maryland, pleaded guilty to conspiracy to defraud the United States and commit offenses against the United States before United States District Court Judge Jennifer P. Wilson.
According to United States Attorney John C. Gurganus, the United States Department of Agriculture certifies that U.S. agricultural and food products shipped to international markets meet both U.S. and foreign requirements. When it comes to dairy cattle, this process relies upon the services of USDA-accredited veterinarians and the animal exporters to whom these veterinarians provide services. Federal law requires cattle transported in interstate and foreign commerce to be tested for certain diseases prior to shipment. These diseases may include, depending on the destination, Tuberculosis, Brucellosis, Leucosis, and Bovine Viral Diarrhea, among others.
The USDA initiated an investigation of Dr. Donald Yorlets, a USDA-accredited veterinarian, several years ago. Yorlets conducts business under the name Circle Y Veterinary Services, located in New Oxford, PA. On August 31, 2020, Yorlets pleaded guilty to a one-count criminal Information charging him with conspiracy to defraud the United States.
Daniel Gutman and Benjamin Gutman are brothers who own and operate a livestock exporting business known as Gutman Brothers Dairy Cattle (“Gutman Brothers”). Though the business is headquartered in Maryland, Gutman Brothers has a large cattle farm in Spring Grove, PA, in the Middle District of Pennsylvania.
Daniel Gutman and Benjamin Gutman are brokers of dairy cattle, both domestically and internationally. The use of false and fraudulent interstate and international health certificates—known, respectively, as Certificates of Veterinary Inspection (CVIs) and International Certificates of Veterinary Inspection (ICVIs)—allowed Gutman Brothers to acquire and quickly sell cattle from other dairy farms to customers in other states and foreign jurisdictions. In order to carry out their scheme, the Gutman Brothers needed a compliant USDA-accredited veterinarian to sign health certificates, knowing that the tests had not been appropriately conducted. For years, Dr. Yorlets played this role.
The USDA’s investigation revealed that Yorlets and the Gutman Brothers conspired to carry out a scheme to defraud the USDA and the governments of Puerto Rico and foreign countries. They did so by submitting non-authentic, bovine blood samples for the detection of disease to a USDA-accredited testing laboratory located in Harrisburg, Pennsylvania and by issuing false and fraudulent health certificates for the untested animals. In addition, Yorlets also falsely claimed in health certificates that cattle had tested negative for Bovine Tuberculosis when, in fact, the required caudal skin fold test had not been administered. Furthermore, Yorlets submitted these false and fraudulent health certificates to a USDA Veterinary Services Endorsement Office. The USDA’s endorsement of these health certificates permitted dairy cattle to be shipped in interstate and foreign commerce.
Each cow has a unique antibody profile in its blood. If all of the blood specimens submitted by Yorlets were authentic, antibody profile testing would have shown that each blood sample had a unique antibody profile. Instead, forensic testing conducted on blood samples submitted by Yorlets for Gutman Brothers shipments confirmed that over a several year period, a small percentage of blood samples—only about one in ten—were authentic. These results showed that Yorlets repeatedly submitted the same blood for different cows and issued false health certificates for hundreds of animals that were never tested.
The fraudulent disease tests, and the false and fraudulent health certificates supported by these tests, enabled the Gutman Brothers to unlawfully export untested animals to Mexico, Canada, Qatar, and Puerto Rico. These false and fraudulent certificates were also transmitted, in turn, to customers of the Gutman Brothers, who needed these certificates in order to meet import requirements in their respective countries. For example, in April 2018, Gutman Brothers exported approximately 2,900 head of cattle to a buyer in Qatar. This buyer was unaware that it was receiving dairy cattle that had not been properly tested and that the international health certificates used for this sale were fraudulent. This buyer paid Gutman Brothers over $5.3 million in U.S. currency.
Daniel and Benjamin Gutman admitted as part of their guilty pleas that they were not only aware of Yorlets’ activities; at times they also took part in the process of obtaining blood samples, knowing that those samples would be used in a fraudulent manner. Gutman Brothers also admitted to providing ear tags for the identification of dairy cattle, knowing that the ear tags would be used to falsely represent that the cattle had been disease tested prior to shipment.
In connection with their guilty plea, Daniel and Benjamin Gutman have agreed to forfeit $1,438,646.42 in U.S. currency. They must also make full restitution to all victims for the losses those victims have suffered as a result of their conduct. The specific restitution amount will be determined by the Court following a hearing, and restitution payments will be made according to a schedule to be determined by the Court. The defendants have also agreed that any information in the Government’s possession can be shared with regulatory authorities for purposes of debarment proceedings.
The case was investigated by the United States Department of Agriculture and Homeland Security Investigations. Assistant U.S. Attorneys Ravi Romel Sharma and Philip J. Caraballo are prosecuting the case. Now retired Assistant U.S. Attorney Kim Douglas Daniel previously worked on 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 criminal conspiracy is 5 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.
# # #
New United States Attorney for the Middle District of Pennsylvania AppointedRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John C. Gurganus, former Chief of the Criminal Division, has been appointed United States Attorney for the Middle District of Pennsylvania effective November 17, 2021. Mr. Gurganus was appointed by order of United States Attorney General Merrick B. Garland. Mr. Gurganus’ interim appointment is for 120 days or until a Presidential appointment is made, whichever occurs first.
Mr. Gurganus began his legal career as a law clerk to the late Honorable Richard P. Conaboy, United States District Court Judge, Scranton, Pennsylvania. Thereafter, he began his 33-year legal career with the United States Department of Justice. He entered the Department through the Attorney General’s Honors Program in 1988, as a Trial Attorney with the Antitrust Division in the New York City Field Office. In 1989, he was appointed an Assistant United States Attorney for the Middle District of Pennsylvania, and has worked in the Scranton, Pennsylvania office since that time.
During his tenure with the U.S. Attorney’s Office, Mr. Gurganus has held a number of positions including First Assistant U.S. Attorney, Criminal Chief, Deputy Criminal Chief, and Lead Task Force Attorney for the Organized Crime Drug Enforcement Task Force.
His experience includes the prosecution of a wide variety of cases, including public corruption, drug trafficking, violent crimes, tax evasion, child pornography, extortion, kidnapping, firearms offenses, and fraud crimes. Mr. Gurganus received two Department of Justice Director’s Awards for Superior Performance as an Assistant U.S Attorney: one for work in prosecuting drug overdose cases, and the other for obtaining a guilty verdict for an individual who attempted to provide material support to a terrorist organization.
Mr. Gurganus graduated from Villanova University in 1983 and received a B.A. with honors. He received his law degree in 1986 from the University of Notre Dame Law School. He resides in South Abington Township, Pennsylvania.
# # #
Department of Justice Awards over $236,000 for Crime Based ProgramsRead the Press Release
HARRISBURG –Acting U.S. Attorney Bruce D. Brandler announced that the Department of Justice’s Office of Bureau of Justice Assistance (BJA) has awarded over $236,000 of the Edward Byrne Memorial Justice Assistance Grant to the City of Scranton, City of Wilkes-Barre, City of York, and Dauphin County.
These grants are used to support activities to prevent and control crime based on local needs and conditions. Grant funds can be used for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.
- BJA’s grant of $36,915 to the City of Wilkes-Barre will help assign additional officers in high crime/violent crime areas in order to reduce the criminal and violent activity in those areas of the city. Also, these funds will be used for community-based and non-community-based police officer trainings to deal with violent crimes areas of the city. The goal is to increase public safety for citizens while reducing violence and violent crimes.
“This JAG funding enables the Wilkes-Barre Police Department to continue with its plans to provide necessary services to the residents of the City of Wilkes-Barre with the flexibility to prioritize and place funds where they are needed the most,” said City of Wilkes-Barre’s Mayor George C. Brown.
- BJA’s grant of $81,264 to the City of Scranton will help fund the Scranton Police Department’s forty officer part time Civil Disturbance Unit (CDU) with new equipment.
- BJA awarded grant funds in the amount of $62,015 to the City of York. $50,532 was allocated to the York City Police Department to help maintain its technology through the purchase of the annual subscription for Power DMS software. York City Police Department will also provide ten officers with bicycle certification training and purchase various equipment for the department. $11,485 was allocated to York Township to fund partial expenses for Crimewatch and the Cody NIBRS reporting system.
- BJA’s grant of $56,605 to Dauphin County will help fund the Harrisburg victim advocate and police technology project which will ensure crime victim advocates are placed in the Harrisburg City Police Department. Victim advocates will reach out to crime victims and assist throughout the victim’s time in the criminal justice system. The funds will also be used to fund expenses for Crimewatch and the Cody NIBRS reporting system.
“These grants will address the needs of local communities to fight crime, train police, and increase victim services,” stated Acting U.S. Attorney Brandler. “These are all important goals and I am pleased the Department of Justice can contribute to these worthy causes.”
Lehigh County Man Sentenced to 120 Months’ Imprisonment for Attempted Online Enticement of A MinorRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Philip Schmaldinst, age 45, of Lehigh County, Pennsylvania, was sentenced on November 10, 2021, to 120 months’ imprisonment to be followed by a five-year term of supervised release, by United States District Court Judge Malachy E. Mannion for using the internet to attempt to entice a 12-year-old minor female to engage in prohibited sex acts.
According to Acting United States Attorney Bruce D. Brandler, on September 24, 2020, during an on-line communication with a law enforcement officer posing as the mother of a minor female, Schmaldinst agreed to pay money to the mother in exchange for receiving oral sex from the minor and having other sexual contact with the minor and then traveled to a location in Tannersville, PA for the purpose of meeting the mother and minor and paying for sex. Schmaldinst was arrested on scene.
At sentencing, Judge Mannion also ordered Schmaldinst to comply with the Sex Offender Registration and Notification Act (SORNA).
The case was investigated by the Federal Bureau of Investigation (FBI) – Philadelphia Division and its state and local law enforcement partners in Monroe County, Pennsylvania. Assistant United States Attorney Jeffery St. John 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.
# # #
Franklin County Man Found Guilty of Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Adam Neftali Santana, age 37, of Chambersburg, Pennsylvania, was convicted on November 10, 2021, following a three-day trial before United States District Court Judge Jennifer P. Wilson of conspiracy to distribute over five kilograms of cocaine, attempted possession with intent to distribute over 500 grams of cocaine, and possession of a firearm in furtherance of drug trafficking.
According to Acting United States Attorney Bruce D. Brandler, the investigation uncovered a drug trafficking operation where at least eight boxes that contained cocaine was mailed from Puerto Rico to Santana’s residence. A search warrant was then executed at Santana’s residence where authorities seized a digital scale, a Glock 9mm pistol, numerous pistol magazines and ammunition were located in the master bedroom. Additional packaging consistent with a seized parcel was also found which indicated earlier cocaine deliveries.
The case was investigated jointly by the United States Postal Inspection Service and the Pennsylvania State Police. Assistant U.S. Attorneys Scott Ford and Christian Haugsby are prosecuting the case.
Santana faces a mandatory minimum sentence of fifteen years’ 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.
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.
# # #
Scranton Man Charged with Drug Trafficking, Firearms Offenses and EscapeRead the Press Release
SCRANTON -The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 9, 2021, Jason Charles Lajoie, age 45, of Scranton, Pennsylvania, was charged by a federal grand jury on a superseding indictment with drug trafficking, firearms offenses, and escape.
According to Acting United States Attorney Bruce D. Brandler, the superseding indictment alleges that Lajoie distributed at least five grams of pure methamphetamine on multiple occasions between June 3, 2019 and February 25, 2021, and Lajoie also possessed with intent to distribute at least five grams of pure methamphetamine on February 25, 2021. It is alleged that the drug transactions occurred after Lajoie had previously been convicted and served a sentence for another serious felony drug trafficking offense. The superseding indictment also alleges that Lajoie possessed multiple firearms during and in relation to his drug trafficking activities as a previously convicted felon. Last, the superseding indictment alleges that Lajoie escaped from custody at the Lackawanna County Prison on October 24, 2021.
The case was investigated by the Federal Bureau of Investigation (FBI), the United States Marshals and the Lackawanna County District Attorney’s Office. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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.
# # #
Luzerne County Man Charged with Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 9, 2021, James Artis-Bryan, age 41, of Wilkes-Barre, Pennsylvania, was indicted by a federal grand jury on two separate drug trafficking charges.
According to Acting United States Attorney Bruce D. Brandler, one indictment alleges that in early 2020, Artis-Bryan conspired with other individuals to distribute and possess with intent to distribute over 500 grams of methamphetamine. A second indictment alleges that on August 9, 2021, Artis-Bryan possessed with the intent to distribute fentanyl and possessed a firearm in furtherance of his drug trafficking activities.
The cases were investigated by Homeland Security Investigations, the Pennsylvania Office of Attorney General, and the United States Postal Inspection Service. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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.
# # #
Luzerne County Man Charged with Straw Purchase of A FirearmRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 2, 2021, Dashea Simmons, age 25, of Pittston, Pennsylvania, was charged by a federal grand jury with making false statements in connection with the purchase of a firearm from a federally licensed firearms dealer.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Simmons with providing false information regarding the purchase of a firearm from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on June 24, 2020.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Newark, New Jersey, Police Department. Assistant U.S. 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.
###
Camp Hill Attorney Found Guilty of Obstructing JusticeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Charles W. Johnston, age 74, of Fairfax County, Virginia, was convicted on November 4, 2021, following a four-day bench trial before United States District Court Judge Jennifer P. Wilson for obstructing a United States Department of Labor (DOL) investigation to determine whether any person had violated federal laws and regulations governing the administration of a labor union pension plan.
According to Acting United States Attorney Bruce D. Brandler, Johnston previously maintained a law office in Camp Hill, Pennsylvania, and is now retired. Johnston began serving as legal counsel to the Plumbers and Pipefitters Local 520 Health and Welfare, Pension, and Annuity Plans in 1972. In 2014, DOL served a subpoena for records on the pension plan in connection with an investigation it was conducting into the pension plan’s financial activities. Johnston contacted the DOL investigator assigned to the investigation and informed him that as the attorney for the pension plan, he would be producing the records.
At trial, the Government proved that Johnston intentionally concealed and withheld from the Department of Labor emails and documents related to an internal audit of the union’s pension plan. The audit findings, which the Government established Johnston received, reported miscalculations of both pension and health and welfare benefits. When asked by DOL whether he had produced all the requested documents, Johnston lied and stated he had done so.
“Obstructing lawful government investigations into financial mismanagement by pension plans is serious criminal behavior and cannot be tolerated,” stated Acting United States Attorney Bruce D. Brandler. “When attorneys engage in this behavior it is particularly serious because attorneys hold a position of trust when representing clients and are expected to uphold the law, not violate it.”
“Charles W. Johnston Esq., attorney for the Plumbers and Pipefitters Local 520 Health and Welfare, Pension and Annuity Plans, illegally obstructed a U.S. Department of Labor, Employee Benefits Security Administration (EBSA) investigation by concealing subpoenaed documents,” said Syreeta Scott, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General. “This guilty verdict is an affirmation of our commitment to continuing to work with EBSA and our law enforcement partners to investigate those individuals who attempt to derail DOL proceedings that protect the integrity of labor unions and their affiliated benefit plans.”
“The U.S. Department of Labor, Employee Benefits Security Administration, will pursue to the fullest extent of the law those who obstruct the investigative activities of the Agency,” said Michael Schloss, Regional Director of EBSA’s Philadelphia Regional Office.
“Anyone who obstructs a federal investigation is attempting to subvert the course of justice,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “When an attorney, an officer of the court, is doing so, that’s even more egregious. The FBI and our partner agencies will always seek to hold accountable those foolish enough to try to interfere with our cases.”
The case was investigated by the U.S Department of Labor Office of Inspector General, the Federal Bureau of Investigation, and the Employee Benefits Security Administration. Assistant U.S. Attorneys Joseph Terz and Samuel Dalke are prosecuting the case.
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.
# # #
Monroe County Man Charged with $450,000 in Covid-Relief FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 2, 2021, Julian J. Levons, age 64, of Henryville, Pennsylvania, was charged in an indictment with perpetrating a wire fraud and money laundering scheme to obtain and attempt to obtain approximately $450,000 in COVID-19 relief guaranteed by the Small Business Administration through the Economic Injury Disaster Loan (EIDL) program.
The EIDL program is designed to help small businesses facing financial difficulties during the COVID-19 pandemic. Funded by the March 2020 CARES Act, EIDL funds are offered in low-interest rate loans, designated for specific business expenses, such as fixed debts, payroll, and business obligation.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that Levons obtained two EIDL loans for a combined approximate $300,000, and attempted unsuccessfully to obtain a third EIDL loan for approximately $150,000. In applying for the loans, Levons falsified revenue and expense figures for two supposed small businesses that he and his wife owned. The money was allegedly used to pay down a high interest rate line of credit for Levons’s personal expenses, and to pay off a high interest rate mortgage on a rental property, despite prohibitions on the use of EIDL funds to refinance pre-existing debt. Investigators seized over $210,000 in fraudulently obtained EIDL funds from bank accounts under his control. Levons was charged with conspiracies to commit wire fraud and money laundering, five counts of wire fraud, and three counts of illegal monetary transactions.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
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.
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 the most serious offenses are 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.
# # #
Lancaster County Man Sentenced to 120 Months’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dillion Scott Schaffner, a/k/a “Trigger,” age 28, formerly of Elizabethtown, Pennsylvania, was sentenced on October 29, 2021, to 120 months’ imprisonment by United States District Court Judge Christopher C. Conner for conspiracy to distribute and possess with intent to distribute 50 grams and more of methamphetamine and 500 grams and more of a mixture and substance containing cocaine hydrochloride from August 2018 until August 2020, in York County, Pennsylvania and elsewhere.
According to Acting United States Attorney Bruce D. Brandler, a joint investigation by the Drug Enforcement Administration and the Pennsylvania State Police revealed that Schaffner was trafficking methamphetamine and cocaine in the York and Lancaster County areas. On October 17, 2019, the Lancaster County Drug Task Force executed a search warrant at Schaffner’s residence. Law enforcement seized approximately 14.38 grams of cocaine, 232.3 grams of marijuana, 67.09 grams of crystal methamphetamine, 3.75 grams of LSD, and 3.08 grams of psilocyn, drug proceeds, and two firearms.
The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police and the Lancaster County Drug Task Force. Assistant U.S. Attorney Daryl Bloom 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.
# # #
Harrisburg Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 3, 2021, Wezley Floyd, age 29, of Harrisburg, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearms charges.
According to Acting U.S. Attorney Bruce Brandler, the indictment charges Floyd with distribution of methamphetamine, possession with intent to distribute methamphetamine, brandishing a firearm in furtherance of drug trafficking, and possession of a firearm with an obliterated serial number on October 11, 2021.
The matter was investigated by the Swatara Township Police Department, the Harrisburg Police Department, and the Drug Enforcement Administration. Assistant U.S. Attorney Scott R. Ford 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 for these offenses 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.
# # #
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 Elmer Nahun Agustin-Arita, age 24, of Honduras, was indicted today by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to Acting United States Attorney Bruce D. Brandler, Agustin-Arita was previously deported from the United States to Honduras 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.
Agustin-Arita 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.
# # #
Perry County Man Charged with Child Pornography OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Todd Franklin Stydinger, age 40, of Elliotsburg, Pennsylvania, was indicted by a federal grand jury and charged with child pornography offenses.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment charges Stydinger with attempting to produce child pornography, attempting to distribute child pornography, receiving child pornography, and possessing child pornography in Potter and Perry Counties.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Christian Haugsby is prosecuting 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."
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 combined maximum penalty under federal law for these offenses is up to 80 years’ imprisonment, a term of up to lifetime 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.
###
Lycoming County Man Sentenced to One Year Imprisonment for Fraudulent Tax Return SchemeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeremy Baney, age 50, formerly of Lycoming County and currently an inmate at SCI Smithfield, Pennsylvania, was sentenced on November 3, 2021, to 12 months’ imprisonment by United States District Court Judge Sylvia H. Rambo for his participation in a scheme to file fraudulent federal income tax returns from state prison. Judge Rambo also ordered the 12-month sentence to run concurrent to Baney’s current state sentence.
According to Acting United States Attorney Bruce D. Brandler, Baney pled guilty to obtaining personal identification information from other SCI Smithfield state inmates and using that information to file federal income tax returns. The federal tax refunds were then deposited into local bank accounts set up by either Baney or a now deceased confederate. The false claims made to the United States amounted to $69,510 which resulted in the United States suffering a tax loss in terms of refunds amounting to $32,343. Judge Rambo ordered Baney to make restitution to the United States in the amount of $32,343.
The case was investigated by the U.S. Department of the Treasury’s Criminal Investigation Division. Assistant U.S. Attorney William A. Behe prosecuted the case.
###
Harrisburg Man Sentenced to 156 Months’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joe Willie Williams, Jr., age 42, formerly of Harrisburg, Pennsylvania, was sentenced on October 29, 2021, to 156 months’ imprisonment by United States District Court Judge Christopher C. Conner for possession with intent to distribute 500 grams and more of cocaine hydrochloride and 28 grams and more of cocaine base.
According to Acting United States Attorney Bruce D. Brandler, a joint investigation by DEA and the Dauphin County Drug Taskforce revealed that Williams was trafficking cocaine in the Harrisburg area. During a vehicle stop police seized 127 grams of cocaine concealed in the vehicle Williams was driving. After obtaining a search warrant, a search of Williams’ residence on March 10, 2020 was conducted. During the search, law enforcement determined the residence to be a “stash house.” Officers located 224 grams of cocaine base (crack) packaged for sale, over four kilograms of cocaine hydrochloride (powder), a digital scale, a large quantity of United States currency, a money counter, drug packaging, cutting agents, and cookware containing cocaine residue, among other items indicative of drug trafficking.
Williams was previously convicted in 2006 before the Middle District of Pennsylvania District Court and was sentenced to 190 months’ imprisonment for his conviction of distribution and possession with intent to distribute cocaine base.
The case was investigated by the Drug Enforcement Administration and the Dauphin County Drug Task Force. Assistant U.S. Attorney Daryl Bloom 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.
###
Former Defense Logistics Agency Supervisor Pleads Guilty to Assaulting A Subordinate EmployeeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 1, 2021, Jared B. Heisey, age 30, of Etters, Pennsylvania, pleaded guilty before United States District Court Judge Christopher C. Conner to assaulting a subordinate employee at the Naval Support Activity (NSA) in Mechanicsburg, Pennsylvania.
According to Acting United States Attorney Bruce D. Brandler, Heisey, a former Defense Logistics Agency (DLA) supervisor, admitted to assaulting a subordinate employee during work hours on August 9, 2019, at the NSA. Heisey admitted he directed the victim to accompany him to conduct an inventory count in a remote building at the NSA and when they entered the building, Heisey pinned the victim up against the wall by grabbing her neck with his hand while making sexual comments about what he would like to do to her. Heisey was subsequently terminated and is no longer employed by DLA.
“We are committed to ensuring the safety of all government employees,” stated Acting U.S. Attorney Brandler. “All employees are entitled to work in a safe and secure environment free of harassment, intimidation, and assaultive behavior.”
“Mr. Heisey committed a crime when he assaulted a subordinate employee aboard Naval Support Activity Mechanicsburg and for that he deserves to be held fully accountable,” said Special Agent in Charge Michael Wiest of the NCIS Northeast Field Office. “NCIS remains committed to investigating any and all allegations of criminal behavior that threaten Department of the Navy readiness and jeopardize the safety of military personnel aboard Department of the Navy installations.”
The case was investigated by the Naval Criminal Investigative Service (NCIS). Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.
Judge Conner ordered a pre-sentence investigation report to be completed and sentencing is scheduled for March 15, 2021.
The maximum penalty under federal law for this offense is 8 years 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.
# # #
York Man Sentenced to 10 Years’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Travis Parker, age 41, of York County, Pennsylvania, was sentenced on October 29, 2021, to 120 months’ imprisonment by United States District Court Judge Christopher C. Conner for distributing and possessing with intent to distribute more than 28 grams of cocaine.
According to Acting United States Attorney Bruce D. Brandler, a jury convicted Parker of several drug trafficking offenses on May 5, 2021. The conviction stems from a roughly six-month investigation by the Bureau of Alcohol, Firearms, Tobacco and Explosives and the York County Drug Task Force, which focused on Parker’s drug activity in York City. Evidence at trial established that between September 2018 and January 2019, Parker sold or attempted to sell cocaine on several occasions to undercover detectives. When arrested on January 30, 2019, police discovered more than 60 grams of cocaine packaged for sale.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York City Police Department, and the York County Drug Task Force. 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.
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 40 years’ 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 several 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.
# # #
New Jersey Man Convicted of Drug Trafficking in Connection with Largest Seizure of Methamphetamine in the History of DEA’s Philadelphia DivisionRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 29, 2021, David Jusino Ramirez, age 65, a New Jersey resident, was convicted of drug trafficking offenses after a five-day jury trial before United States District Court Judge Malachy E. Mannion.
According to Acting United States Attorney Bruce D. Brandler, the evidence presented at trial showed that Jusino Ramirez worked as a commercial truck driver who, in addition to legitimate cargo, transported illegal drugs from California to Pennsylvania as part of a drug trafficking organization that also involved Emmanual Roman-Figueroa, of Hazelton, and Julio Romero-Mancebo, of New Jersey. On October 8, 2020, Jusino Ramirez and Romero-Mancebo drove a tractor trailer carrying over 120 kilogram (approximately 264 pounds) of 100% pure crystal methamphetamine and 3 kilograms (approximately 6.6 pounds) of fentanyl from Montebello California to a truck stop near Hazelton, Pennsylvania. There they met with Roman-Figueroa and delivered the methamphetamine to him in exchange for $28,000 in cash. The three men were arrested by agents of the Drug Enforcement Administration along with officers from the Pennsylvania State Police and the Hazelton Police Department, who had tracked the shipment and observed the exchange. Investigators seized the drugs and cash, as well as an additional $9,000 from Roman-Figueroa’s residence. Hazelton PD Officers, working in conjunction with DEA investigators, had previously seized $371,000 in drug proceeds from Roman-Figueroa in July 2020.
A DEA expert witness testified at trial that the street value of the drugs seized would be in excess of $2.2 million. If the 3 kilograms of fentanyl was sold in its pure form, it would yield over 100,000 individual doses. The DEA expert testified that methamphetamine is sold in weights varying from single grams to ounce quantities, and estimated that the methamphetamine alone would amount to over $2 million on the street.
The jury returned a verdict of guilty on both counts of the superseding indictment, finding Jusino Ramirez guilty of conspiracy to distribute and possess with intent to distribute more than 500 grams of methamphetamine and more than 400 grams of fentanyl, and possession with intent to distribute more than 500 grams of methamphetamine and more than 400 grams of fentanyl. His codefendants previously pled guilty to felony drug trafficking charges and are awaiting sentencing.
Acting U.S. Attorney Bruce Brandler lauded the efforts of the DEA, Pennsylvania State Police, and Hazelton Police Department in disrupting this major, nationwide drug trafficking organization. “We hope this sends a message to traffickers that we will prosecute to the full extent of the law anybody who brings these deadly and addictive substances into our communities,” said Acting U.S. Attorney Brandler. “We will work tirelessly to safeguard our communities from drugs like crystal methamphetamine and fentanyl. With overdose deaths at record highs, successful investigations that result in these kinds of seizures and convictions save lives.”
The case was investigated by the Drug Enforcement Administration (DEA), the Pennsylvania State Police, and Hazleton Police Department. Assistant U.S. Attorneys Jenny Roberts and Sean A. Camoni are prosecuting the case.
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.
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.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Each count also carries a mandatory minimum sentence of 10 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.
# # #
Justice Department Secures Settlement with Rite Aid Corporation to Make Its Online Covid-19 Vaccine Portal Accessible to Individuals with DisabilitiesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Justice Department announced an Americans with Disabilities Act (ADA) settlement agreement with Rite Aid Corporation (Rite Aid) to ensure that people with disabilities can get information about COVID-19 vaccinations and book their vaccinations online. Rite Aid is a publicly owned national drug store chain with its headquarters located in Camp Hill, Pennsylvania.
According to Acting United States Attorney Bruce D. Brandler, a department compliance review discovered that individuals with vision and mobility impairments could not access a portion of Rite Aid’s website known as the COVID-19 Vaccine Registration Portal, currently located at https://www.riteaid.com/covid-19. For example, those who use screen reader software and those who have difficulty using a mouse could not successfully select a date and time for their appointment and were unable to make some “yes” or “no” selections during the appointment registration process.
Title III of the ADA requires public accommodations like drugstores and grocery stores to provide individuals with disabilities with full and equal enjoyment of goods and services. The ADA also requires public accommodations to provide effective communication with people with disabilities, including through auxiliary aids and services like accessible technology.
Under the terms of this agreement, within 30 days, Rite Aid must conform its online COVID-19 vaccine content to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA. WCAG is a set of industry guidelines for making information on websites accessible to users with disabilities. Rite Aid will also have to regularly test and quickly correct any issues with its COVID-19 Vaccine Registration Portal for the agreement’s 30-month duration.
“As technology increases, the internet is where people gain access to information about COVID-19 vaccines and schedule a vaccination appointment. Individuals with disabilities, including those with visual impairments and those who cannot use a mouse, must be given the same access to that information and the ease of scheduling appointments online,” said Acting U.S. Attorney Brandler. “Since the beginning of the fight against the COVID-19 pandemic, private companies have partnered with the United States. Today, with the help of Rite Aid, we make great strides in that continuing partnership by ensuring individuals with disabilities have the ability to schedule a COVID-19 vaccination independently and privately.”
“Equal access to healthcare is at the heart of the rights guaranteed by the Americans with Disabilities Act (ADA),” said Assistant Attorney General Kristen Clarke of the department’s Civil Rights Division. “As the nation continues its response to the COVID-19 pandemic—through booster shots, vaccinations for children under 12, and ongoing outreach to those still in need of initial doses—people with disabilities must be able to schedule potentially lifesaving vaccine appointments as easily as people without disabilities can.”
The ADA authorizes the U.S. Department of Justice and the U.S. Attorney’s Office to undertake investigations and periodic reviews of covered establishments. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. Anyone in the Middle District of Pennsylvania may also report civil rights violations to the Civil Rights Coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
This case was handled jointly by Assistant United States Attorney for the Middle District of Pennsylvania Michael J. Butler, and attorneys for the Disability Rights Section of the Department’s Civil Rights Division Anne Langford and Joy Welan.
###
Geisinger Community Health Services Agrees to $18 Million Civil SettlementRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Geisinger Community Health Services (GCHS) has agreed to pay $18,513,621.05 to resolve allegations of civil liability for submitting claims to Medicare for hospice and home health services that violated Medicare rules and regulations. GCHS voluntarily disclosed the violations.
According to the voluntary disclosures, between January 2012 and December 2017, through several affiliated entities, GCHS submitted claims to Medicare for hospice and home health services that violated Medicare rules and regulations regarding physician certifications of terminal illness, patient elections of hospice care, and physician face-to-face encounters with home health patients. After it discovered the problems, GCHS took corrective action and disclosed the matter to the United States Attorney’s Office.
“The $18 million payment in this matter reflects the priority healthcare providers should place on making sure they closely follow all Medicare rules and regulations,” said Acting U.S. Attorney Brandler. “Healthcare fraud remains a focus of the Department of Justice and the Affirmative Civil Enforcement Unit of the United States Attorney’s Office. I commend GCHS for taking this seriously, voluntarily disclosing these issues to our office and working to address the problems that led to these violations.”
This matter was handled by the Department of Health and Human Services (HHS), Office of Counsel to the Inspector General (OCIG), the Justice Department’s Civil Division Commercial Litigation Branch, Fraud Section, and AUSA Tamara Haken of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office for the Middle District of Pennsylvania.
###
Washington D.C. Man Indicted for Unlawfully Possessing A FirearmRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Diego E. Aleman-Lozano, age 22, of Washington D.C., was indicted by a federal grand jury on October 27, 2021, with possession of a firearm and ammunition by a prohibited person.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment alleges that on September 27, 2021, in York County, Aleman-Lozano was in possession of a 9mm Self Made Firearm (SMF), Polymer80 Semi-Automatic Pistol, and various rounds of ammunition as a prohibited person.
The matter was investigated by Pennsylvania State Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Paul J. Miovas, Jr. is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce 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 for possession of a firearm and ammunition by a nonimmigrant offense is 10 years of imprisonment, a term of 3 years of supervised release following imprisonment, and a $250,000 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.
###
South Carolina Man Charged with Robbing Jewelry StoreRead the Press Release
HARRISBURG, - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 27, 2021, Christopher Demarcus Bethea, age 47, of South Carolina, was indicted by a federal grand jury for robbing a Cumberland County jewelry store.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on January 30, 2019, Bethea robbed the Kay Jewelers Store in South Middleton Township, Pennsylvania.
The case was investigated by the Federal Bureau of Investigations and the Pennsylvania State Police. Assistant U.S. Attorney Jaime Keating is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce crime.
Indictments, Criminal Informations and Criminal Complaints 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 term of incarceration of 20 years, 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.
###
Milton Man Charged with Attempted Enticement of A Minor to Engage in Prostitution and Sexual ActivityRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Erick Donnell Metzger, age 53, of Milton, Pennsylvania, was indicted today by a federal grand jury on an attempted enticement of a minor charge.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on October 23, 2021 Metzger knowingly attempted to persuade, entice, and coerce a minor to engage in prostitution and sexual activity.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel is prosecuting 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."
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.
# # #
Maryland Man Indicted on Firearms ChargesRead the Press Release
HARRISBURG, - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 27, 2021, Melton Montgomery, age 27, of Gwynn Oak, Maryland, was indicted by a federal grand jury for possession of a firearm by prohibited person.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that Montgomery possessed a loaded Rossi .38 caliber revolver and ammunition, as a previously convicted felon, on November 20, 2020, in Adams County.
The case was investigated by the Alcohol Tobacco and Firearms (ATF), the Adams County District Attorney’s Office and the Littlestown Borough Police Department. Assistant U.S. Attorney Jaime Keating 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, Criminal Informations and Criminal Complaints 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, 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.
# # #
Lost Creek Man Charged with Attempted Enticement of A Minor to Engage in Prostitution and Sexual ActivityRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Frank A. Nork, age 47, of Lost Creek, Pennsylvania, was indicted today by a federal grand jury on an attempted enticement of a minor charge.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on October 21, 2021 Nork knowingly attempted to persuade, entice, and coerce a minor to engage in prostitution and sexual activity.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel is prosecuting 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."
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.
# # #
Duncannon Man Charged with Attempted Enticement of A Minor to Engage in Prostitution and Sexual ActivityRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Patrick Joel Taylor, age 34, of Duncannon, Pennsylvania, was indicted today by a federal grand jury on an attempted enticement of a minor charge.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on October 23, 2021, Taylor knowingly attempted to persuade, entice, and coerce a minor to engage in prostitution and sexual activity.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel is prosecuting 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."
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.
# # #
York Man Sentenced to over 18 Years’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 27, 2021, Brandon Orr, a/k/a “B Orr,” age 29, of York, was sentenced to 224 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for conspiring to distribute over a kilogram of heroin laced with fentanyl and five kilograms of cocaine while on federal supervision for a prior 2015 drug conviction.
The sentence consisted of 200 months’ imprisonment for the drug trafficking offenses and a consecutive sentence of 24 months’ imprisonment for violating his federal supervision from a 34-month sentence for distribution and possession with intent to distribute cocaine base, heroin and marijuana.
According to Acting United States Attorney Bruce D. Brandler, the investigation began with an overdose death in the City of York on December 2, 2017. Investigators connected the death to heroin laced with fentanyl sold by Lamar Johnson. They further determined that Luis Minier and Orr were bringing kilogram quantities of heroin and cocaine into York on a weekly basis from September 2017 until December 2017. A kilogram of heroin is the equivalent of approximately 40,000 individual doses of heroin. Police seized over 700 grams of heroin and a kilogram of cocaine during police searches in December 2017.
Coconspirators Luis Minier, a/k/a “Cito,” age 29, of York, entered a guilty plea to drug trafficking and was sentenced to 10 years’ imprisonment; Javiel Snellings, age 28, of York, entered a guilty plea to drug trafficking and was sentenced to two years of probation; and, Lamar Johnson, age 33, of York, entered a guilty plea to drug trafficking and is awaiting sentencing.
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. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
These cases are 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.
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.
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 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.
# # #
York Man Sentenced to 15 Years’ Imprisonment for Cocaine TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Barton, age 40, of York County, Pennsylvania, was sentenced on October 26, 2021, to 180 months’ imprisonment by United States District Court Judge Christopher C. Conner after Barton entered a guilty plea to conspiring to distribute more than 280 grams of crack cocaine.
According to Acting United States Attorney Bruce D. Brandler, following a roughly year-long investigation by the Bureau of Alcohol, Firearms, Tobacco and Explosives which focused on drug activity at a bar in York City, it was determined that Barton was part of a drug trafficking organization. Using an undercover federal agent, federal law enforcement purchased more than 500 grams of crack cocaine from Barton and his co-conspirators in 2019.
The following coconspirators pled guilty and are awaiting sentencing: Michael Adams, 44, Denzel Swan, 38, and Furman Dennis, 40, all of York County, Pennsylvania. Coconspirators Anthony Rankins, 40, and Dorral Basknight, 42, both of York County, are awaiting trial.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York City Police Department, the Pennsylvania State Police, and the York County Drug Task Force. 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.
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 several 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.
# # #
Harrisburg Man Convicted of Being A Felon in Possession of A FirearmRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 26, 2021, Alfred W. Stewart, age 38, of Harrisburg, Pennsylvania, was convicted of possessing a firearm as a previously convicted felon after a two-day trial before United States District Court Judge Jennifer P. Wilson.
According to Acting United States Attorney Bruce D. Brandler, the jury returned the guilty verdict after approximately one hour of deliberation. The government established that on March 27, 2019, members of the United States Marshal Service (USMS) Fugitive Task Force executed an arrest warrant on Stewart for being a fugitive from federal supervision and for multiple violations of his federal supervised release. When the officers arrived at the Dauphin County home, they knocked on the door and spoke with a family member. This family member indicated that Stewart was home and up on the third floor. The Marshals gave commands for Stewart to come downstairs. Instead, Stewart fled out of a third-floor window. Officers outside observed him with a gun in his hand. Stewart walked back and forth between a chimney and another obstruction and put something in the chimney. Afterwards he surrendered. Police went to the basement of the house and found a Glock model 30 .45 caliber pistol in the chimney which Stewart was prohibited from possessing as a result of a prior felony conviction.
Stewart had three prior convictions for serious drug offenses:
- 2003 conviction before the Dauphin County Court of Common Pleas for unlawful distribution of a controlled substance (cocaine);
- 2003 conviction before the Dauphin County Court of Common Pleas for Possession with intent to distribute a controlled substance;
- 2010 conviction before the United States District Court for the Middle District of Pennsylvania for distribution and possession with intent to distribute a Controlled Substance (cocaine).
As a result of these three convictions, Stewart qualifies as an Armed Career Criminal and is subject to a minimum mandatory 15 year term of imprisonment.
The case was investigated by the U.S. Marshal Service, the Harrisburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Michael A. Consiglio and Sam Dalke are prosecuting the case.
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.
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.
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 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.
# # #
Scranton Man Charged with Online Enticement and Receipt and Possession of Child PornographyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Adrean Lorenzano, age 22, of Scranton, Pennsylvania, was charged by a criminal complaint on October 22, 2021, for online enticement of a minor and the receipt and possession of visual depictions of minors engaging in sexually explicit conduct.
According to Acting United States Attorney, Bruce D. Brandler, the complaint alleges that Lorenzano used a facility of interstate commerce to entice a minor to engage in sexual activity. Additionally, the complaint alleges that Lorenzano received and possessed visual depiction of sexually explicit conduct and visual depictions of minors engaging in sexually explicit conduct.
The charges stem from an investigation by the Homeland Security Investigations, the Bethlehem Township Police Department, and the Scranton Police Department. Assistant United States Attorney James M. Buchanan is prosecuting 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.
Complaints 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 penalties under federal law for these offenses is life imprisonment, a mandatory minimum period of imprisonment of 10 years, 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.
# # #
Two Harrisburg Men Sentenced for Drug Trafficking OffensesRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tyquann Langston, age 26, and Donza Brown, age 58, both of Harrisburg, were sentenced by U.S. District Court Judge Christopher C. Conner for selling crack cocaine, heroin, and fentanyl, and operating a drug involved premises in Harrisburg from 2019 to August 2019.
According to Acting U.S. Attorney Bruce D. Brandler, on October 22, 2021, Langston was sentenced to 10 years’ imprisonment for his role in a conspiracy to traffick crack cocaine and other drugs in Harrisburg. On October 20, 2021, Brown was sentenced to 37 months’ imprisonment for selling crack cocaine and maintaining a drug involved premises at 1621 Market Street in Harrisburg. The location was the regular subject of drug trafficking, shootings and murders. Donza Brown pled guilty to maintaining this drug involved premises and to trafficking crack cocaine from it.
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. In the videos, members of the group brandished various weapons, flashed cash, and displayed drugs. In a yearlong investigation, ATF and local law enforcement conducted a series of searches. During these searches police recovered a machine gun, assault rifles, and various weapons with extended magazines.
Co-defendants Qushawn Brown, age 30, Wesley Garner, age 28, and Anderson Ortiz, age 22, have pled not guilty to their role in these offenses. They are scheduled for trial in December 2021. Co-defendants Jaionne Miller, age 21, Adieas Johnson, age 33, and Kaleaf Brown, age 26, all of Harrisburg, entered guilty pleas to drug trafficking and weapons offenses and their sentences are pending before the court.
The case was investigated by Bureau of Alcohol Tobacco, Firearms, and Explosives, the Harrisburg Bureau of Police, and the Pennsylvania State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Consiglio.
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.
# # #
Lackawanna 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 on October 19, 2021, Douglas Richard Spencer, age 39, of Jefferson Township, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearm charges.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on June 9, 2021, in Lackawanna County, Spencer possessed with the intent to distribute over 50 grams of methamphetamine. The indictment also alleges that Spencer, a felon not permitted to possess firearms, possessed several firearms in furtherance of his drug trafficking activities.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police (PSP). Assistant United States Attorney Jeffery St John 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 these offenses 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.
# # #
Dentist in South Korea to Pay $100,000 to Resolve Civil Liability for Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dr. Gina Sohn, a dentist practicing in South Korea, has agreed to pay the United States $100,000 to resolve civil liability for alleged violations of the False Claims Act.
According to Acting United States Attorney, Bruce D. Brandler, Dr. Sohn is a licensed dentist who practices in South Korea, serving U.S. military service members and their families. Between January 1, 2017 and January 1, 2021, Dr. Sohn allegedly submitted false or fraudulent claims for payment to the TRICARE Program for services not rendered to her patients, specifically for fillings not provided to patients. TRICARE is the healthcare program for uniformed service members, retirees, and their families around the world. The amount of the settlement represents the reimbursements received for the billings for unrendered services and penalties.
“Healthcare providers must be held accountable when they falsely represent the services they are providing in order to increase their profits,” said Acting U.S. Attorney Brandler. “Health care fraud is a high priority of the Department of Justice and overpayments by the government issued through programs like TRICARE contribute to the ever escalating costs of health care in the United States.”
“The special agents of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS) are dedicated to ensuring that our military members and their dependents receive the high quality care that the TRICARE program provides for” said Stanley A. Newell, Special Agent-in-Charge of the DCIS Transnational Operations Field Office. “This settlement demonstrates that no matter where they are on the globe, those who defraud the American military and taxpayers will be brought to justice.”
This Settlement Agreement is neither an admission of liability by Dr. Sohn nor a concession by the United States that its claims are not well founded.
This matter was investigated by the Defense Criminal Investigative Service and was handled by Assistant United States Attorney, Tamara J. Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
# # #