Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
New Jersey Man Sentenced to 240 Months’ Imprisonment for Conspiracy to Distribute Controlled Substances Resulting in DeathRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that James R. Bell, age 30, of Newark, New Jersey was sentenced on June 21, 2021, to 240 months’ imprisonment to be followed by four years on supervised release by U.S. District Court Judge Malachy E. Mannion for conspiring to distribute controlled substances resulting in death.
According to Acting United States Attorney Bruce D. Brandler, Bell previously pleaded guilty to conspiring to distribute fentanyl and heroin within the Middle District of Pennsylvania, which resulted in the death of a 22-year old Monroe County man in April of 2018.
The matter was investigated jointly by the Federal Bureau of Investigation in Scranton, the Pennsylvania State Police, and the Monroe County District Attorney’s Office. Assistant United States Attorney Michelle Olshefski prosecuted 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 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.
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Monroe County Man Sentenced for Firearms ViolationRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joshua Tanner, age 36, of East Stroudsburg, Pennsylvania, was sentenced on June 21, 2021, by United States District Court Judge Malachy E. Mannion to 36 months’ imprisonment for possession of a firearm by a convicted felon.
According to Acting United States Attorney Bruce D. Brandler, Tanner facilitated the trade of a firearm to a drug trafficker, Ronald McKenna, in exchange for heroin, during which he possessed the firearm. Tanner had previously been convicted of a felony offense, which made it a felony for him to possess a firearm. McKenna previously pleaded guilty to drug trafficking and firearms charges and is awaiting sentencing.
The case was investigated by the Federal Bureau of Investigation, Stroud Area Regional Police Department, and the Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni prosecuted 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 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.
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Statement of Acting U.S. Attorney Bruce D. Brandler Regarding Vandalism at the Parsons Primitive Methodist Church in Wilkes-Barre, PennsylvaniaRead the Press Release
On Monday June 7th, 2021, the Parsons Primitive Methodist Church located on Austin Avenue, in Wilkes-Barre, Pennsylvania, was vandalized by unidentified individuals. Damage to the Church was extensive and included desecration of a bible, desecration of an American flag, and the discharge of two fire extinguishers throughout the building. This activity is not only abhorrent but also potentially constitutes a serious federal crime. The U.S. Attorney's Office for the Middle District of Pennsylvania and the FBI's Scranton office are in regular contact with local authorities. If, in the course of the local investigation, information comes to light of a potential federal violation, the FBI is prepared to investigate and the U.S. Attorney’s Office is prepared to prosecute. Anyone with information or who may have captured security footage relevant to this incident is asked to contact the Wilkes-Barre Police Department at 570-208-4218 or the Wilkes-Barre Detective Division at 570-208-4222.
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Hazleton Man Sentenced to 130 Months’ Imprisonment for His Role in A Conspiracy to Distribute Fentanyl and MethamphetamineRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Manual Luna-Batista, 39, of Hazleton, Luzerne County was sentenced on Thursday, June 10, 2021 to 130 months’ imprisonment by U.S. District Court Judge Robert D. Mariani for conspiring to possess and distribute fentanyl and methamphetamine.
According to Acting United States Attorney Bruce D. Brandler, Luna-Batista previously pleaded guilty to conspiring to possess and distribute at least 400 grams of fentanyl and at least 50 grams actual methamphetamine throughout Luzerne County. Luna-Batista’s involvement in the charged conspiracy began in October of 2017 through February 2018.
Judge Mariani also ordered Luna-Batista to serve five years on supervised release following his prison sentence.
Luna-Batista was first indicted by a federal grand jury in March 2018, as a result of an investigation jointly conducted by the Drug Enforcement Administration and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski prosecuted 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.
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Two Philadelphia Men Indicted for Conspiracy to Distribute HeroinRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on June 10, 2021, Naim Taylor, age 23, and Antwan Dozier, age 23, both of Philadelphia, Pennsylvania, were indicted by a federal grand jury for conspiracy to distribute and possession with intent to distribute 100 grams, or more, of heroin (one hundred grams of heroin is equivalent to 4,000 individual doses.
According to Acting United States Attorney Bruce D. Brandler, the 7-count indictment alleges that Taylor and Dozier conspired from in or around July 2020 through the date of the indictment to distribute heroin to a network of drug sellers and users in the Lewisburg, Bloomsburg, and Williamsport regions. In addition, the indictment charges Taylor and Dozier with distribution and possession with intent to distribute heroin on separate dates in 2020 and 2021.
The case was investigated by the FBI, the Pennsylvania State Police, and the Lycoming County Narcotics Enforcement Unit. Assistant U.S. Attorney George J. Rocktashel 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 also 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 this offense is 40 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Old Forge Borough Council President Charged with BriberyRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Semenza, Jr., age 47, of Old Forge, Pennsylvania, was charged in a criminal information with federal program bribery.
According to Acting United States Attorney Bruce D. Brandler, the information alleges that Semenza, the President of the Old Forge Borough Council, solicited, demanded, and accepted cash payments in exchange for performing and promising to perform official acts, between January 2019 and February 2020. In particular, the official acts were in connection with a civil litigation filed by Old Forge Borough against a local business owner, in a dispute over Old Forge zoning ordinances. Semenza allegedly agreed, in exchange for cash payments, to vote on the local business owner’s behalf in matters before the Old Forge Borough Council, to advocate on behalf of the local business owner with the Old Forge Borough Council, the Old Forge Borough Solicitor, and Old Forge zoning officials, and to propose a favorable resolution for the civil litigation to the Old Forge Borough Council and Solicitor, among other things.
“When public officials use their office to line their pockets rather than serve the public it not only constitutes a serious crime but also breeds cynicism and undermines the electorate’s faith in government,” stated Acting United States Attorney Bruce D. Brandler. “Our office and the FBI’s public corruption task force are committed to rooting out all public corruption in the Middle District and will commit all necessary resources to that task.”
The case was investigated by the Scranton Federal Bureau of Investigation’s Public Corruption Task Force, which consists of members of the Pennsylvania State Police and the Pennsylvania Attorney General’s Office, and federal agents from the FBI and Internal Revenue Service. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Jersey Man Sentenced to 11 Years’ Imprisonment for Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony McCoy, a/k/a “Hard Times,” age 36, of New Jersey, was sentenced on June 8, 2021, by United States District Court Judge Robert D. Mariani to 132 months’ imprisonment for drug trafficking.
According to Acting United States Attorney Bruce D. Brandler, McCoy pleaded guilty to a heroin trafficking conspiracy, and admitted that he was responsible for the distribution and possession with intent to distribute between 1 kilogram and 3 kilograms of heroin between August 2016 and February 2018. One kilogram of heroin is the equivalent of approximately 40,000 individual doses. After serving his term of imprisonment, McCoy must serve an additional four years under supervised release.
The case was investigated by the Federal Bureau of Investigation and the Stroud Area Regional Police Department. Assistant U.S. Attorney Sean A. Camoni 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. 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 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.
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Harrisburg Restaurateur Charged with Fraud and Money Laundering Offenses in Connection with Misuse of Pandemic-Related LoansRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Scott Levy, age 58, of Harrisburg, Pennsylvania, was charged on June 7, 2021, in a criminal information with bank fraud, wire fraud, and money laundering in connection with federal loans he obtained on behalf of the Hershey Road Family Restaurant, a Harrisburg-area restaurant Levy owned and operated until closing the business at the end of July 2020.
According to Acting United States Attorney Bruce D. Brandler, the criminal information alleges that in Spring 2020, Levy applied on the restaurant’s behalf for $227,500 in loans that the federal government made available to support qualifying businesses during the COVID-19 pandemic. It also alleges that Levy spent the majority of those loan proceeds on personal expenditures and other non-qualifying goods and services, and transferred $125,000 of the proceeds to his mother who placed the cash in safe deposit boxes.
On November 24, 2020, Levy pled guilty to tax fraud and related offenses relating to the Hershey Road Family Restaurant. Levy admitted that he failed to pay more than $230,000 in federal income and payroll taxes from January 1, 2014 to December 31, 2018, and agreed to make full restitution of this amount. Sentencing in that case has been continued pending the resolution of the investigation into Levy’s new fraud and money laundering offenses.
Both of Levy’s cases will be consolidated for purposes of sentencing, which is expected to take place later in 2021 in front of United States District Judge Jennifer P. Wilson.
Both of the cases against Levy were investigated by Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorney Christian T. Haugsby is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Levy faces a maximum penalty on up to 90 years’ imprisonment, a fine of up to $2,610,000, and a term of supervised release of up to five years on the charges in both of his cases. Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offenses; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Jersey Company Fined $325,000 and Sentenced to A Two Year Term of Corporate Probation for Committing an Osha Violation That Resulted in A Worker’s DeathRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dana Container, Inc., (“Dana”), a company headquartered in Avenel, New Jersey, was sentenced by United States Magistrate Judge Joseph F. Saporito, Jr. to pay a fine of $325,000 and to serve a two-year term of probation for willfully committing an OSHA violation that resulted in an employee’s death.
According to Acting United States Attorney Bruce D. Brandler, in or about March of 2019, using the trade name “Dana Rail Care,” Dana contracted with another firm to clean crude oil residue from approximately 100 rail cars that were located at a rail yard in Pittston, Pennsylvania. Under regulations issued by the Occupational Safety and Health Administration (“OSHA”), an employee who is tasked by his or her employer to work in a confined space, like the interior of a rail car, must be protected in various ways. Employers are required to test and monitor atmospheric conditions within the space to ensure that the atmosphere is non-hazardous and to purge, flush or ventilate the space as necessary to eliminate or control any atmospheric hazards, including oxygen concentrations below 19.5 percent. Employers must also outfit any employee tasked with working in any atmosphere considered to be potentially hazardous with a particular type of OSHA-certified respirator.
On May 31, 2019, a Dana employee entered one of the rail cars at the Pittston site in order to scrape crude oil from the walls of the car. About 30 minutes later, the employee collapsed inside the car. He later died on scene, with the cause of death ruled asphyxiation. The atmosphere inside the car was determined to be oxygen-deficient and although Dana was aware of applicable OSHA regulations, the employee had not been outfitted with the proper OSHA-certified respirator. At sentencing, Dana represented to the Court that it is no longer in the business of cleaning crude oil from rail cars. Under the terms of its probation, Dana is required to make regular, monthly payments in satisfaction of the $325,000.00 fine, as well as to immediately report any future OSHA citations to the Court.
“The death of the employee was a tragedy and could have been avoided if the company had followed the regulations for this type of dangerous activity,” stated Acting U.S. Attorney Bruce D. Brandler. “Our office and OSHA take these cases very seriously and willful violations of OSHA regulations will be aggressively prosecuted to deter this type of behavior and ensure that workers are protected. Our investigation continues as to any individuals who may have criminal responsibility for this tragic event.”
This matter was investigation by the Occupational Safety and Health Administration (OSHA) and by the United States Department of Labor, Office of Inspector General, Office of Investigations. The case was prosecuted by Assistant U.S. Attorney Jeffery St John.
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Former Scranton Police Officer Charged with Federal Bribery ViolationRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Thomas McDonald, age 47, of Scranton, Pennsylvania, was charged in a criminal information with a federal bribery violation.
According to Acting United States Attorney Bruce D. Brandler, the information alleges that McDonald, while working as a police officer for the Scranton Police Department in April 2018, corruptly solicited for his own benefit, sex and sexual favors from Person #1, intending to be influenced in official actions of the Scranton Police Department and the City of Scranton.
It is also alleged that McDonald’s related conduct also included felony bribery violations with respect to Persons #2 through #4.
“Law enforcement officers hold enormous power over the citizenry and we trust them to exercise that power ethically and with integrity,” stated Acting United states Attorney Bruce D. Brandler. “While most officers perform their duty in an exemplary fashion, we will not hesitate to prosecute those officers who break the law and undermine the administration of justice by engaging in the reprehensible behavior charged here. I want to thank all the law enforcement agents and the entire prosecution team for handling this sensitive matter professionally and expeditiously.”
“The activities alleged today are a serious divergence from the oath Thomas McDonald took to faithfully serve and protect the city of Scranton,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “He betrayed the people of his community and all of us who wear a badge and believe no one is above the law. The FBI will continue to root out corrupt law enforcement officers, on behalf of the vast majority of officers who carry out their duties honestly and honorably.”
“The Pennsylvania State Police worked in collaboration with local, state, and federal law enforcement agencies to ensure a thorough and comprehensive investigation,” said Major Randy Devine, commander of the Pennsylvania State Police Area III. “Corruption and bribery in any form are serious crimes. When public trust is violated by a municipal law enforcement agency, it is our duty to hold those responsible accountable for their actions.”
“I am as appalled and disappointed by this tragedy today as I was the day I first learned that a former member of our force grossly abused his authority, committing vile, repulsive acts,” said Scranton’s Police Chief, Superintendent Leonard Namiotka. “Mr. McDonald must pay the price for his crimes, like anyone else. If there is a bright spot, it is that since she came into office last year, Mayor Cognetti’s uniformed services agenda has included making significant improvements to our department’s internal processes and communications. Accomplishing that should go a long way towards providing earlier warning of issues like this going forward. But what may be most important right now is for Scrantonians to know that McDonald’s actions are not at all representative of our well-trained, caring and dedicated police personnel, a group of men and women whose actions each and every day are proof that they live by the credo of protecting and serving our community.”
McDonald was terminated from his position as a Scranton Police Officer in June 2020.
The case was investigated by the Scranton Federal Bureau of Investigation’s Public Corruption Task Force, which consists of members of the Pennsylvania State Police and the Pennsylvania Attorney General’s Office, and federal agents from the FBI and Internal Revenue Service. Assistant U.S. Attorney Michelle Olshefski is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is ten years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Owner of Carlisle Area Trucking Business Charged with Covid-Relief FraudRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Keith McConnell, age 43, of Carlisle, Pennsylvania, was charged by criminal information with perpetrating a wire fraud and money laundering scheme that sought $467,200.00 in COVID-19 relief funds guaranteed by the U.S. Small Business Administration through the Paycheck Protection Program (PPP).
The PPP was designed to help small businesses facing financial difficulties during the COVID-19 pandemic. Funded by the March 27, 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act, PPP funds were offered in forgivable loans to small businesses for employee job retention and certain other expenses. PPP loan amounts were determined by the number of employees and average monthly payroll costs.
According to Acting United States Attorney Bruce D. Brandler, the criminal information alleges that Keith McConnell submitted fraudulent PPP loan applications and forged documents on behalf of his Carlisle-area trucking company, KB Transportation LLC. In both 2019 and 2020, KB Transportation LLC was not in business, had no employees, and had no payroll expenses. On June 5, 2020, however, McConnell falsely certified that KB Transportation LLC employed twenty-six employees and had monthly payroll expenses totaling $124,800.00. As a result of the fraud, McConnell received $312,000.00 in PPP loan proceeds. Within weeks, McConnell and his co-conspirators spent the PPP funds on unauthorized expenditures including the purchase of a residential property, two vehicles, and stock market investments. On January 20, 2021, McConnell used KB Transportation LLC to apply for a second PPP loan in the amount of $155,200.00, and again submitted false and fraudulent loan applications and documents. The second PPP loan was never disbursed.
“Covid relief fraud is a high priority for our office and the Department of Justice,” stated Acting U.S. Attorney Bruce D. Brandler. “These funds were meant to help small businesses survive the pandemic not for fraudsters to support an opulent lifestyle. Our Covid Relief Fraud Task Force will continue to investigate all credible allegations of covid fraud and prosecute any individuals who may have abused this program.”
“There are specific rules that dictate who is eligible to apply for PPP loans and how PPP loan proceeds can be used,” said Thomas Fattorusso, Special Agent in Charge of IRS-Criminal Investigation. “My office will continue to investigate cases like this involving PPP loans to ensure everyone abides by these rules.”
The case was investigated by the Internal Revenue Service-Criminal Investigation (IRS-CI). The case is being prosecuted by Assistant U.S. Attorney Samuel S. Dalke.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the most serious offense charged is 30 years of imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Milan Man Sentenced to 348 Months’ Imprisonment for Producing Child PornographyRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on June 3, 2021, Dyllan Rose, age 27, of Milan, Pennsylvania, was sentenced to 348 months' imprisonment to be followed by a 10-year term of supervised release by U.S. District Court Judge Matthew W. Brann for producing child pornography.
According to Acting U.S. Attorney Bruce D. Brandler, Rose sexually abused a 5-year-old child and sent images of the abuse over the internet.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant United States Attorney Geoffrey W. MacArthur 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.
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Indiana Woman Convicted of Conspiracy to Commit Mail Fraud, Wire Fraud, and Money Laundering in Advance-Fee Fraud Scheme Targeting Deaf and ElderlyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on June 2, 2021, Donna L. Summerlin, age 62, of Fortville, Indiana, was convicted following a seven-day jury trial held before United States District Court Judge Jennifer P. Wilson of conspiracy to commit mail fraud and wire fraud and conspiracy to commit money laundering.
According to Acting United States Attorney Bruce D. Brandler, Summerlin was charged with accepting over $1.2 million from victims of cross-border advance-fee schemes. Many of the identified victims were either elderly, deaf, or both. In these schemes, victims were contacted through Facebook and told that they were winners of a “deaf lottery” or that they had been selected for special and exclusive government grants or other programs. Summerlin herself is deaf and the trial used multiple sign language interpreters to interpret the witness testimony and court proceedings.
In order to claim their supposed prize, grant, or other financial reward, victims were directed to prepay expenses such as taxes and customs fees. Victims were persuaded to do so with the false promise of a much larger payoff. After making an initial payment, victims were directed to make additional larger payments. In some cases, fraudsters were successful at getting multiple payments from victims, who never received any financial reward.
Fraudsters contacting potential victims through Facebook, email, and text messages used fake names and photographs to disguise themselves. These fraudsters also took over the accounts of victims so that they could lure their friends into sending money and to reassure them of the scheme’s legitimacy when victims had doubts about participating. Victims were instructed to send these payments to Summerlin, who worked as a “money mule” or intermediary for these fraudsters for approximately four years, from 2012 to 2016.
At trial, the Government showed that Summerlin received over $1.2 million from over 100 people across the country and, in some cases, other countries such as Canada and Australia. Victims mailed Summerlin checks, cash, and money orders. They also wired her funds through bank-to-bank electronic wire transfers and sent her money through Western Union and MoneyGram money transfers. The victims included a deaf elderly couple that resided in this District during the time period of the conspiracy. The Government showed that this couple sent Summerlin around $500,000, depleting their life savings.
After receiving these funds, Summerlin rapidly withdrew them from the more than 40 bank accounts she used for these activities. Typically, she wired a portion of the funds to coconspirators in Nigeria and Great Britain. She also made large cash withdrawals, which were used to send funds to coconspirators and for personal use. Finally, she sent a large number of Western Union and MoneyGram money transfers to many of the same recipients in Nigeria and Great Britain. Evidence at trial showed that Summerlin benefited financially from this scheme.
The jury returned a guilty verdict after approximately an hour of deliberation. Summerlin was convicted of both counts in her indictment: one count of conspiring to commit mail fraud and wire fraud and one count of conspiracy to commit money laundering.
The case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorneys Ravi Romel Sharma and Carlo D. Marchioli represented the United States at trial. The case was previously handled by Assistant U.S. Attorneys Chelsea Schinnour and Kim Douglas Daniel.
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 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.
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East Stroudsburg Man Sentenced to 18 Months’ Imprisonment for Numerous Acts of Passing Counterfeit CurrencyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on June 3, 2021, William Daquan Battle, age 28, of East Stroudsburg, Pennsylvania, was sentenced by United States District Court Judge Robert D. Mariani to 18 months’ imprisonment followed by a 2-year term of supervised release, for passing counterfeit United States currency on numerous occasions.
According to Acting United States Attorney Bruce D. Brandler, on diverse dates in November and December of 2018, Battle passed or attempted to pass over $2,000 in counterfeit currency at Walmart Supercenters located in East Stroudsburg and Mount Pocono, PA. Battle engaged in this conduct at a time when he was still serving a prior federal sentence for a handgun offense and was required to reside in a halfway house in Brooklyn, New York.
The matter was investigated by the United States Secret Service (U.S.S.S.). Assistant United States Attorney Jeffery St John prosecuted the case.
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Two USP Canaan Inmates Charged with Assault and Possession of A WeaponRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrew Daniels, age 40, and Dontrace Blaine, age 34, inmates at United States Penitentiary Canaan, Waymart, Pennsylvania, were indicted on June 1, 2021, by a federal grand jury for assault and being in possession of a weapon in prison.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on November 8, 2020, Daniels and Blaine assaulted another individual with a sharp object and a combination lock wrapped in a bedsheet.
The matter is being investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation (FBI). Assistant United States Attorney James Buchanan is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is ten 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 offenses; the history and characteristics of the defendants; and the need to punish the defendants, protect the public and provide for the defendants’ educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Justice Department Settles Investigation into Language Barriers in the Hazleton Police DepartmentRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Justice Department announced the United States has reached a settlement agreement with the Hazleton Police Department (HPD) and the City of Hazleton, Pennsylvania, to help people with limited English proficiency (LEP) communicate with the police.
The agreement resolves a Justice Department investigation of the HPD under Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination on the basis of race, color, and national origin by recipients of federal assistance, such as the HPD. The Justice Department initiated its review after receiving a complaint from the Community Justice Project on behalf of an LEP Hazleton resident who, on two separate occasions, within days of each other, had been forced to rely on his young son and then a co-worker to communicate with the police. HPD has since agreed to secure appropriate and reliable means of communicating with the City’s large Spanish-speaking community.
"Timely and accurate communication between limited English proficient residents and police officers is essential to public safety,” said Assistant Attorney General Kristen M. Clarke for the Civil Rights Division. "The changes required by this agreement will benefit crime victims and witnesses, but also help police officers do their jobs. We are pleased that Hazleton’s City and Police Department leadership support improvements to police policy and practices on language services."
“Our office is proud to have joined with the Civil Rights Division on this important case,” said Acting U.S. Attorney Bruce D. Brandler. “Ensuring that all individuals can communicate with law enforcement officers benefits all involved and is fundamental to our democracy.”
Under the agreement, HPD will soon release a new standard operating procedure on language access that requires HPD officers to provide appropriate language assistance in any contacts with LEP community members. Over the next year, HPD and the City will take a number of additional steps, including providing Spanish and English language notices and complaint forms, assessing language skills of bilingual officers, and training staff on how and when to access interpreters and translations.
Enforcement of Title VI of the Civil Rights Act of 1964 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.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 Assistant United States Attorney Michael J. Butler, 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].
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Gettysburg Man Sentenced to Life Imprisonment for Witness Tampering by MurderRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Willie Tyler, age 69, of Gettysburg, Pennsylvania, was sentenced today to life in prison by Chief Judge John E. Jones III for witness tampering by murder and witness tampering by intimidation. He was ordered to surrender to the Bureau of Prisons on June 4th, 2021, to commence serving his sentence.
According to Acting United States Attorney Bruce D. Brandler, Tyler participated in the brutal murder of a law enforcement confidential informant from the Carlisle area. The victim was scheduled to testify in Cumberland County Court against David Tyler, the brother of the defendant, on the day of her murder. Willie Tyler planned to murder the victim, along with four other individuals, who were convicted for their role in the murder in previous federal and state court proceedings.
Tyler was first tried in state court in 1994, and acquitted of the murder. The case was then adopted for federal prosecution, and Tyler was convicted after a federal jury trial in 1996. The U.S. Court of Appeals for the Third Circuit overturned Tyler’s conviction, and he was convicted again following a re-trial in 2000. In 2013, the Third Circuit overturned the 2000 conviction in light of a change in the law and remanded the case to the district court for a new trial. Tyler was then tried and convicted for the third time in July 2017. The jury returned its verdict after only two hours of deliberation following a four-day trial.
In February 2018, the district court vacated the jury’s verdict, concluding that there was insufficient evidence to support the convictions. The government appealed, and in April 2020, the Third Circuit reversed the district court’s decision and remanded with instructions to reinstate the jury’s verdict and proceed to sentencing. Tyler then petitioned the United States Supreme Court to review the Third Circuit’s decision but the Court denied his petition on May 17th, 2021.
The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, and the Pennsylvania State Police with cooperation from the Carlisle Police Department. The case was previously prosecuted by former Assistant United States Attorneys Gordon A. Zubrod and Chelsea Schinnour and Assistant United States Attorney Joseph J. Terz. Assistant United States Attorney Carlo D. Marchioli handled the most recent appeal and sentencing.
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West Hazleton Police Chief Charged with Civil Rights ViolationRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Buglio, age 45, of Lattimer Mines, Pennsylvania, was charged in a criminal information on May 27, 2021, with a civil rights violation.
According to Acting United States Bruce D. Brandler, the information alleges that Buglio, the Chief of Police for the West Hazleton Police Department, threatened a private citizen with criminal charges, in retaliation for social media posts created by the private citizen that were critical of Buglio and of the West Hazleton Police Department.
The case was investigated by the Scranton Federal Bureau of Investigation’s Public Corruption Task Force, which consists of members of the Pennsylvania State Police and the Pennsylvania Attorney General’s Office, and federal agents from the FBI and Internal Revenue Service. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is one year of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Rhode Island Man Sentenced to 10 Months’ Imprisonment for Automobile Warranty Fraud SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 26, 2021, Herman Cabral, age 62, of Cranston, Rhode Island, was sentenced to 10 months’ imprisonment and three years of supervised release by United States District Court Judge Malachy E. Mannion for a wire fraud conspiracy offense.
According to Acting United States Attorney Bruce D. Brandler, Cabral was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile repair shop, A Plus Collision Center. Cabral pleaded guilty on July 23, 2019, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company. Judge Mannion also ordered Cabral to pay restitution of $211,644.03 to the victim of his crime.
Three of Cabral’s coconspirators were convicted and are awaiting sentencing:
- Brian Larry, age 59, of Clark’s Summit, Pennsylvania, was convicted on May 10, 2021, following a jury trial, of mail fraud, wire fraud, aggravated identity theft, and false statement offenses. Larry was convicted of defrauding his former employer, the Wilkes-Barre based automobile warranty company, from approximately January 2014 through October 2018. Larry also was convicted of stealing the personal information of warranty policy owners and providing it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania, including by forging the policy owners’ signatures on the paperwork. The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices. During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners. The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes.
- Matthew Gershkoff, age 64, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud, and to aggravated identity theft, and is awaiting sentencing. Gershkoff was convicted of preparing false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts, and for forging policy owners’ signatures. Gershkoff pleaded guilty on May 18, 2020, to causing between $250,000 and $550,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and has agreed to repay restitution.
- Jason Pannone, age 39, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud and mail fraud, and to aggravated identity theft, and is awaiting sentencing. Pannone was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, Platinum Auto Services, and through a North Attleboro, Massachusetts automobile repair shop, Ultra Auto Services. Pannone pleaded guilty on March 23, 2021, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and he has agreed to repay over $128,000 in restitution.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Phillip J. Caraballo and Jeffrey St John prosecuted the case.
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Harrisburg Man Sentenced to 15 Years’ Imprisonment for Soliciting Child PornographyRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Justin Wagner, age 40, of Harrisburg, Pennsylvania, was sentenced to 15 years’ imprisonment to be followed by 15 years on supervised release on May 24, 2021, by U.S. District Court Judge Jennifer P. Wilson, for soliciting child pornography.
According to Acting United States Attorney Bruce D. Brandler, Wagner previously pleaded guilty to soliciting child pornography. Wagner committed the offense on October 22, 2016. Wagner also used his laptop computer to access hundreds of images and videos of child pornography and traded them with others on the internet.
Judge Wilson also ordered Wagner to pay a total of $30,000 restitution to six minor victims depicted in the images and videos of child pornography that he received and distributed.
The matter was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Christian Haugsby prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Scranton Man Sentenced to More Than 11 Years’ Imprisonment for Receiving and Distributing Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shawn Howells, age 48, of Scranton, was sentenced to 135 months’ imprisonment to be followed by 10 years on supervised release on May 20, 2021, by U.S. District Court Judge Robert D. Mariani for receiving and distributing child pornography.
According to Acting United States Attorney Bruce D. Brandler, Howells previously pleaded guilty to using his laptop computer to access images and videos of child pornography and traded them with others on the internet. Howells committed the offense between November 2016 and January 2017.
Judge Mariani deferred for 90 days a determination as to the amount of restitution Howells owes to the victims depicted in the images and videos of child pornography that he received and distributed. Howells was also ordered to undergo sex offender treatment and to comply with the Sex Offender Registration and Notification Act.
The matter was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Schuylkill County Man Sentenced to 51 Months’ Imprisonment for His Involvement in A Conspiracy to Distribute FentanylRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Sean Scott, 43, of Schuylkill County, was sentenced to 51 months’ imprisonment to be followed by four years on supervised release on May 20, 2021 by U.S. District Court Judge Malachy E. Mannion for conspiring to possess and distribute fentanyl.
According to Acting United States Attorney Bruce D. Brandler, Scott previously pleaded guilty to conspiring to possess and distribute at least 280 grams but less than 400 grams of fentanyl throughout Luzerne and Schuylkill Counties. Scott’s involvement in the charged conspiracy began in May of 2017 through November 2017.
The matter was investigated jointly by the Drug Enforcement Administration and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski prosecuted 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 also 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.
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New Cumberland Man Indicted for Drug TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 19, 2021, Edward McCreath, age 35, of New Cumberland, Pennsylvania, was indicted by a federal grand jury with possession with the intent to distribute crack cocaine.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on or about July 17, 2018, in Dauphin County, McCreath possessed with intent to distribute 28 grams and more of a mixture and substance containing a detectable amount of cocaine base (crack).
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecution is assigned to Assistant U.S. Attorney Christian T. Haugsby.
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.
McCreath faces a maximum penalty of up to 40 years’ imprisonment, a fine of up to $5,000,000, and a term of supervised release of up to life. Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offenses; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lebanon Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 19, 2021, Jorge Roque, Jr., age 34, of Lebanon, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearms offenses.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Roque with possession with the intent to distribute cocaine, methamphetamine, and heroin on or about December 19, 2020, in Lebanon County. The indictment also charges Roque with being in possession of a firearm in furtherance of drug trafficking, and with possession of a firearm by a convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Christian T. Haugsby 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. 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.
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.
Upon conviction, Roque faces a maximum penalty of up to life imprisonment, a fine of up to $1,000,000, and a term of supervised release of up to life. Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offenses; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lackawanna County Man Convicted of Fraud, Identity Theft, and False Statement Offenses in Automobile Warranty SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 11, 2021, Brian Larry, age 59, of Clark’s Summit, Pennsylvania, was convicted following a seven-day jury trial held before United States District Court Judge Malachy E. Mannion of mail fraud, wire fraud, aggravated identity theft, and false statement offenses.
According to Acting United States Attorney Bruce D. Brandler, Larry was charged with defrauding his former employer, a Wilkes-Barre based automobile warranty company, from approximately January 2014 through October 2018. Larry was convicted of stealing the personal information of warranty policy owners and providing it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania, including by forging the policy owners’ signatures on the paperwork. The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices. During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners. The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes.
The jury returned a guilty verdict after approximately two hours of deliberation. Larry was convicted of every count in his indictment: one count of conspiring to commit mail fraud and wire fraud; four counts of wire fraud, two counts of mail fraud; five counts of aggravated identity theft; and one count of making a false statement to the FBI when he denied receiving cash kickbacks in exchange for his participation in the scheme.
Three of Larry’s coconspirators previously pleaded guilty in connection with the scheme, and are awaiting sentencing:
- Matthew Gershkoff, age 64, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud, and to aggravated identity theft, and is awaiting sentencing. Gershkoff was convicted of preparing false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts, and for forging policy owners’ signatures. Gershkoff pleaded guilty on May 18, 2020, to causing between $250,000 and $550,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and has agreed to repay restitution.
- Jason Pannone, age 39, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud and mail fraud, and to aggravated identity theft, and is awaiting sentencing. Pannone was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, Platinum Auto Services, and through a North Attleboro, Massachusetts automobile repair shop, Ultra Auto Services. Pannone pleaded guilty on March 23, 2021, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and he has agreed to repay over $128,000 in restitution.
- Herman Cabral, age 62, of Cranston, Rhode Island, pleaded guilty to conspiring to commit wire fraud. Cabral was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile repair shop, A Plus Collision Center. Cabral pleaded guilty on July 23, 2019, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and he has agreed to repay over $211,000 in restitution.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Phillip J. Caraballo and Jeffrey St John prosecuted 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 the fraud offenses are 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The aggravated identity theft charges carry a mandatory, consecutive two-year minimum. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Acting U.S. Attorney Bruce D. Brandler Recognizes Police WeekRead the Press Release
HARRISBURG - In honor of National Police Week, Acting U.S. Attorney Bruce D. Brandler recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.
“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”
“There is no harder job in America today than being a police officer and these dedicated public servants deserve our admiration and gratitude,” stated Acting United States Attorney Brandler. “Every time a police officer puts on his or her uniform they put their lives at risk. No other profession requires that type of personal sacrifice and courage. On behalf of the United States Attorney’s Office, I want to express my sincere appreciation for everything they do to make our communities safer.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.
During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19. Here in the Middle District of Pennsylvania, two officers died in the line of duty.
Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website.
The names of the 394 fallen officers, including two officers from the Middle District of Pennsylvania, who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.
Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.
To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
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Pottsville Man Sentenced to One Year and One Day Imprisonment for Destruction of Government Property and Firearm OffenseRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 4, 2021, Joshua Keller, age 30, of Pottsville, Pennsylvania, was sentenced to one year and one day imprisonment followed by a two-year term of supervised release by U.S. District Court Judge Robert D. Mariani, for destruction of government property and lying during the purchase of a firearm. Judge Mariani also ordered Keller to pay $39,393 in restitution.
According to Acting U.S. Attorney Bruce D. Brandler, Keller had pled guilty to one count of destruction of government property and one count of lying during the purchase of a firearm. While under the influence of methamphetamine, Keller vandalized two GSA vehicles in a Virginia parking lot by repeatedly striking them with a tire iron and spraying down the inside of the vehicles with a fire extinguisher. In a separate incident, Keller purchased a firearm for an individual in exchange for methamphetamine.
The case was investigated by the GSA Office of Inspector General. Assistant United States Attorney Scott R. Ford prosecuted the case.
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Williamsport Man Sentenced to 25 Years’ Imprisonment for Drug TraffickingRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 30, 2021, Raymond Howard, age 46, of Williamsport, Pennsylvania, was sentenced sentenced to 300 months' imprisonment followed by a four-year term of supervised release by U.S. District Court Judge Matthew W. Brann for drug trafficking.
According to Acting U.S. Attorney Bruce D. Brandler, Howard was found guilty after a five-day jury trial in October 2020 to conspiring to distribute heroin and a mixture of heroin and carfentanil. During a three-day period in June 2017, there was a rash of drug overdoses in Williamsport. At the time, UPMC Susquehanna in Williamsport and Wellsboro rpoerted treating 51 such cases within a 48-hour period.
Howard was determined to be the source of the carfentanil-laced heroin that led to the overdoses. In total, three co-conspirators identified on the indictment, Wayne Davidson, Nathan Crowder, and Markeese Askew, were charged with delivering the mixture of heroin and carfentanil that resulted in serious bodily injury to eight individuals. The three co-conspirators were previously sentenced after pleading guilty in October 2020. Davidson and Crowder were sentenced to 210 months’ imprisonment in March 2021 and Askew was sentenced to 192 months’ imprisonment in April 2021.
“The 25 year sentence imposed on Howard, and the substantial sentences imposed on his coconspirators, not only reflects the seriousness of these offenses but also the commitment of our office to aggressively prosecute all opioid related offenses,” stated Acting U.S. Attorney Brandler. “When these overdoses occurred in 2017, we decided to take whatever steps were necessary to make sure the responsible individuals were brought to justice. I want to thank all the law enforcement agents and prosecutors who tirelessly worked to accomplish that goal.”
The case was investigated by the Lycoming County District Attorney’s Office Narcotics Enforcement Unit, Montoursville Police Department, Old Lycoming Township Police Department, South Williamsport Police Department, Williamsport Bureau of Police, Pennsylvania State Police and the Federal Bureau of Investigation. Assistant United States Attorneys Alisan V. Martin and Geoffrey W. MacArthur prosecuted 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. This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Harrisburg Man Indicted for Possession of A Firearm as A Convicted FelonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 28, 2021, James Patterson, age 40, of Harrisburg, Pennsylvania, was indicted by a federal grand jury with possession of a firearm as a convicted felon.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment alleges that on October 8, 2020, in Dauphin County, Pennsylvania, Patterson was in possession of a Charter Arms .38 caliber handgun and three rounds of ammunition after previously having been convicted of a felony offense.
The matter was investigated by the Harrisburg Police Department’s Street Crimes Unit and the Community Policing Unit, along with 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 this 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.
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Wilkes-Barre Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 27, 2021, Michael Jones, Jr, age 40, of Wilkes-Barre, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearms offenses.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that between December 2020 and March 14, 2021, Jones conspired with others to traffic at least 280 grams of crack cocaine and 40 grams of fentanyl. On March 14-15, 2021 Jones also possessed with intent to distribute crack cocaine, fentanyl, and methamphetamine. The indictment also alleges that on March 14-15, 2021, Jones possessed a stolen firearm in furtherance of his drug trafficking activities, and he is a person prohibited from possessing a firearm because of a prior felony conviction.
The case was investigated by the Federal Bureau of Investigation (FBI), the Pennsylvania State Police and the Wilkes-Barre Police Department. Assistant U.S. Attorney Jenny P. Roberts 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. 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 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 this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Indicted for Bank RobberyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 27, 2021, Terrance Tyson, age 44, of East Stroudsburg, Pennsylvania, was indicted by a federal grand jury for bank robbery.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on September 24, 2019, Tyson committed a robbery of the NBT Bank located in East Stroudsburg and took approximately $5,226.
The case was investigated by the Stroud Area Regional Police Department and the FBI Safe Streets Task Force. Assistant United States Attorney Robert J. O’Hara 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 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, Tyson faces a maximum sentence of up to 20 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Director of Perry County Family Center Sentenced to Fifteen Months’ Imprisonment for EmbezzlementRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that the former Executive Director of the Perry County Family Center, Shelley A. Dreyer-Aurila, age 55, of New Bloomfield, Pennsylvania, was sentenced today to 15 months’ imprisonment by U.S. District Court Judge Sylvia H. Rambo for embezzlement of funds involving federal programs.
According to Acting United States Attorney Bruce D. Brandler, Dreyer-Aurila previously admitted that between 2010 and 2017, she embezzled and converted to her own personal use more than $150,000 that was under the care and control of the Center. During that period, the Center annually received more than $10,000 in federal grants from the U.S. Department of Health and Human Services, through the Pennsylvania Department of Health and Human Services, to fund programs like its Maternal, Infant, and Early Childhood Home Visiting program and its Child Abuse Prevention program.
Dreyer-Aurila was also ordered to pay $127,764.56 in restitution. She had previously repaid $22,520.
The case was investigated by the Pennsylvania Department of State, Bureau of Enforcement and Investigation, Charitable Investigation Unit. Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney James T. Clancy prosecuted the case.
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Maryland Man Sentenced to Seven Years’ Imprisonment for Armed Pharmacy RobberyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gerard Gaffney, age 19, of Mount Ranier, Maryland, was sentenced on April 26, 2021, to 84 months’ imprisonment by Chief U.S. District Court Judge John E. Jones for his role as the driver in a 2019 armed robbery of a Rite Aid pharmacy in Dauphin County.
According to Acting United States Attorney Bruce D. Brandler, Gaffney and his codefendants drove to the Rite Aid on Union Deposit Road on March 28, 2019, with plans to rob it. With Gaffney waiting outside in the getaway car, three masked robbers entered the pharmacy and pointed weapons at the heads of staff, forcing them to surrender drugs from the pharmacy before escaping to the getaway car sitting outside. Police responded to reports of the armed robbery and pursued the getaway car as it sped away from police. The car crashed and three of the occupants were apprehended, including Gaffney. Police recovered bottles of pharmaceuticals stolen from the Rite Aid. They also recovered a stolen firearm from codefendant, David Marable.
Marable had previously entered a guilty plea to the robbery and brandishing a firearm in furtherance of the robbery and was sentenced 10 years imprisonment.
The case was investigated by the Federal Bureau of Investigation, the Lower Paxton Police Department, and the Swatara Police Department. Assistant U.S. Attorney Michael A. Consiglio 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.
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Water Management Company Sentenced to Pay $2 Million in Fines for Clean Air Act ViolationsRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 20, 2021, United States District Judge Matthew W. Brann sentenced Rockwater Northeast LLC to pay $2 million in fines and $12,400 in special assessments for violating the Clean Air Act.
According to Acting United States Attorney Bruce D. Brandler, Rockwater Northeast LLC, a Pennsylvania-based company that provides water management services to companies in the oil and gas industry, pleaded guilty to an information charging 31 counts of violating the Clean Air Act. The information charged Rockwater Northeast LLC with tampering with the emissions systems on 31 heavy-duty diesel trucks owned by the company, and installing “defeat devices” that disabled emissions diagnostic systems on the trucks. Rockwater Northeast LLC also is alleged to have caused the trucks to pass annual vehicle safety inspections by the Department of Transportation (DOT), despite the modified emissions systems.
Separately, Select Energy Services, Inc., a Texas-based company and the successor in interest to Rockwater Energy Solutions, Inc., parent company of Rockwater Northeast LLC, entered a three-year non-prosecution agreement with the United States. The agreement resolves Clean Air Act violations for modified emissions systems on 29 additional heavy-duty diesel trucks that were owned by Rockwater Energy Solutions, Inc. Select Energy Services, Inc. paid an additional $2.3 million in monetary penalties pursuant to the terms of a non-prosecution agreement.
Select Energy Services, Inc. has cooperated with the investigation since its acquisition of Rockwater Energy Solutions, Inc. in 2017. Under the terms of the non-prosecution agreement, Select Energy Services, Inc. agreed to continue cooperating with the government, and implemented an environmental compliance program designed to prevent future Clean Air Act violations. Select Energy Services, Inc. also commenced conducting annual audits during the three-year term of the agreement, to ensure Clean Air Act compliance.
Six individuals have been prosecuted in connection with this investigation; four of whom are current or former employees of Rockwater Northeast LLC, and two of whom are former third-party vendors of Rockwater Northeast LLC. All six individuals pleaded guilty to conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and DOT, and to violate the Clean Air Act:
- Brian Mellot, of Cumberland, Maryland, was sentenced to six months’ imprisonment and one year of supervised release;
- Gavin Rexer of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing;
- Dennis Paulhamus of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing;
- Joseph Powell of Hickory, Pennsylvania, pleaded guilty and is awaiting sentencing;
- John Joseph of Canonsburg, Pennsylvania, pleaded guilty and is awaiting sentencing; and
- Timothy Sweitzer of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing.
The matter was investigated by the EPA’s Criminal Investigations Division and the DOT’s Office of the Inspector General, with the assistance of the Pennsylvania State Police and other law enforcement agencies. Assistant United States Attorneys Phillip J. Caraballo and Sean Camoni, and Special Assistant United States Attorney Patricia C. Miller prosecuted the case.
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Luzerne County Man Sentenced to 10 Years’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Edirso De Leon Frias, age 29, of Nanticoke, Pennsylvania was sentenced on April 15, 2021, by United States District Court Judge Robert D. Mariani to 10 years’ imprisonment for conspiracy to distribute and possess with intent to distribute over one kilogram of heroin and over 500 grams of cocaine.
According to Acting United States Attorney Bruce D. Brandler, De Leon Frias pled guilty to being an organizer of a drug trafficking organization operating in and around Luzerne County. De Leon Frias was responsible for more than one kilogram of heroin and more than 500 grams of cocaine, and possessed a firearm during the commission of the drug offense. One kilogram of heroin is the equivalent of approximately 40,000 individual doses.
Fourteen other defendants have previously been sentenced on charges arising from this investigation. Most notably, Jose Ramon de Leon Pineda was sentenced to 188 months’ imprisonment, and Juan Roman Polanco was sentenced to 151 months’ imprisonment. Both men were also leaders in their drug trafficking conspiracies, and both men possessed firearms during the course of the conspiracy.
This conviction was the result of a year-long investigation, in part driven by multiple wiretaps, conducted by the U.S. Drug Enforcement Administration (DEA), Wilkes-Barre Police Department, and Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni prosecuted 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.
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York County Man Charged with Bankruptcy FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Christopher Gambrill, age 44, of Windsor, Pennsylvania, was indicted by a federal grand jury for concealing assets during a bankruptcy proceeding.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that while Gambrill was a party in a bankruptcy proceeding in December 2016 through September 2017, he fraudulently concealed a $125,000 inheritance from the bankruptcy trustee and creditors.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for five 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.
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U.S. Attorney’s Office Urges Participation in National Drug Take Back DayRead the Press Release
HARRISBURG – As the April 24th Drug Enforcement Agency’s (DEA) 20th National Prescription Drug Take Back Day approaches, Acting United States Attorney Bruce D. Brandler urges the public to participate in the biannual event and remove dangerous expired, unused, and unwanted prescription drugs from your home, where they could be stolen or abused by family members and visitors, including children and teens.
Since it was established in 2010, DEA has held 19 National Prescription Drug Take Back Day events, which have, collectively, removed 13,684,848 pounds (more than 6,842 tons) of medications from circulation. The disposal service is free and anonymous, no questions asked.
DEA and its partners will collect tablets, capsules, patches, and solid forms of medication. Vaping devices and cartridges will also be accepted, so long as the lithium batteries are removed. Liquids including intravenous solutions and syringes, as well as illegal drugs, will not be accepted. All collection sites will adhere to local COVID-19 guidelines and regulations to maintain the safety of all participants and local law enforcement.
“In the midst of the Covid-19 pandemic, the public should not forget we are still in the midst of an opioid epidemic that has only worsened during the pandemic,” stated Acting U.S. Attorney Bruce D. Brandler. “Over 81,000 people died of a drug overdose in 2020 which represented a significant increase from 2019. Getting rid of excess prescription drugs in the home will help save lives and I urge the public to participate in this very worthwhile endeavor.”
“DEA and its partners collected a record amount at its last Take Back event, making it the largest collection since the program began in 2010,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “This event brings to light how unused medications can end up in the wrong hands.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisoning and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. Additionally, opioid overdose deaths have increased during the pandemic. Centers for Disease Control and Prevention (CDC) issued a health alert in December indicating a significant increase in overdose deaths from May 2019 through May 2020, including concerning trends during the first months of the COVID-19 pandemic. Over 81,000 people in the United States died of a drug overdose in just one year. This is the largest number of drug overdoses on record in the United States within a one- year period and an 18 percent increase in deaths year over year.
The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency, but accelerated significantly during the first months of the pandemic. Synthetic opioids, such as illicit fentanyl, are the primary driver of the increases in overdose deaths. More people die each year from drug overdose than from traffic accidents or firearms – a staggering statistic that challenges how people perceive the deaths and overdose of people addicted to opioids.
For more information about the event or to locate a collection site near you, visit the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/ or call 1-800-882-9539.
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New Jersey Company Pleads Guilty to Committing an Osha Violation That Resulted in A Worker’s DeathRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dana Container, Inc., (“Dana”), headquartered in Avenel, New Jersey, pled guilty on April 14, 2021, before U.S. Magistrate Judge Joseph F. Saporito, Jr., to willfully committing an OSHA violation that resulted in an employee’s death, as charged in a criminal Information.
According to Acting United States Attorney Bruce D. Brandler, the criminal information to which Dana pleaded guilty alleges that Dana utilized the trade name “Dana Rail Care” for a portion of its business activity related to the maintenance and cleaning of the interior of rail cars, and that in or about March of 2019, Dana contracted with another firm to clean crude oil residue from approximately 100 rail cars that were located at a rail yard in Pittston, Pennsylvania.
Under regulations issued by the Occupational Safety and Health Administration (“OSHA”), an employee who is tasked by his or her employer to work in a confined space, like the interior of a rail car, must be protected in various ways. Employers are required to test and monitor atmospheric conditions within the space to ensure that the atmosphere is non-hazardous and to purge, flush or ventilate the space as necessary to eliminate or control any atmospheric hazards, including oxygen concentrations below 19.5 percent. Employers must also outfit any employee tasked with working in any atmosphere considered to be potentially hazardous with a particular type of OSHA-certified respirator.
On May 31, 2019, a Dana employee entered one of the rail cars at the Pittston site in order to scrape crude oil from the walls of the car. About 30 minutes later, the employee collapsed inside the car. He later died on scene, with the cause of death ruled asphyxiation. The atmosphere inside the car was determined to be oxygen-deficient and although Dana was aware of applicable OSHA regulations, the employee had not been outfitted with the proper OSHA-certified respirator.
“The death of the employee was a tragedy and could have been avoided if the company had followed the regulations for this type of dangerous activity,” stated Acting U.S. Attorney Bruce D. Brandler. “Our office and OSHA take these cases very seriously and willful violations of OSHA regulations will be aggressively prosecuted to deter this type of behavior and ensure that workers are protected.”
The charge stems from an investigation by the Occupational Safety and Health Administration (OSHA) and the Department of Labor, Criminal Investigation Division. Assistant U.S. Attorney Jeffery St John is prosecuting the case.
A sentence following a finding of guilt will be imposed by the Judge after consideration of the applicable federal sentencing statutes.
The maximum penalty under federal law for this offense is a $500,000 fine and a 5-year term of probation. Under federal law, 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 and protect the public. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lebanon County Man Sentenced to Seventy Months’ Imprisonment for Trafficking Counterfeit DrugsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stefen Knoche, age 55, of Lebanon, Pennsylvania, was sentenced today to 70 months’ imprisonment by U.S. District Court Judge Sylvia H. Rambo for trafficking in counterfeit drugs. Knoche was also ordered to pay $3,648,911.18 in restitution.
According to Acting United States Attorney Bruce D. Brandler, Knoche previously admitted that he intentionally trafficked drugs knowing them to contain counterfeit marks of pharmaceutical manufacturers Pfizer Pharmaceuticals, Bayer AG, Eli Lilly and Company, and Roche Holding AG between May 2017 and April 2018. Knoche further acknowledged that he trafficked counterfeit Viagra, Aurogra, Xanax, Levitra, Cialis, and Valium, all using counterfeit trademarks of their respective pharmaceutical companies.
“The U.S. Postal Inspection Service continues to prioritize eliminating contraband to include illegal prescription drugs from the U.S. Mail,” said Inspector in Charge Damon Wood, U.S. Postal Inspection Service Philadelphia Division. “We are committed to bringing all members of illegal drug trafficking organizations who utilize the U.S. Mail to justice.”
“Selling illegal prescription drugs in the U.S. marketplace puts consumers’ health at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “The FDA remains fully committed to disrupting and dismantling illegal prescription drug distribution networks that misuse the internet at the expense of public health and safety.”
“Today’s sentence demonstrates what can be accomplished when the Homeland Security Investigations, U.S. Postal Inspection Service, and U.S. Food and Drug Administration Office of Criminal Investigations, combine resources to investigate and apprehend criminals whose illicit actions harm Americans,” said Brian A. Michael, Special Agent in Charge for Homeland Security Investigations Philadelphia. “Together we are committed to pursuing justice by investigating, dismantling, prosecuting criminals like the defendant to the fullest extent of the law.”
The case was investigated by the U.S. Postal Inspection Service; U.S. Food and Drug Administration, Office of Criminal Investigations; and Homeland Security Investigations. Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney James T. Clancy prosecuted the case.
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Dunmore Man Sentenced to 16 Months’ Imprisonment for Bank FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric R. Colborn, age 46, of Dunmore, Pennsylvania, was sentenced on April 14, 2021, to 16 months’ imprisonment to be followed by a three-year term of supervised release by U.S. District Court Judge Robert D. Mariani for bank fraud. Judge Mariani also ordered Colborn to pay restitution in the amount of $22,470.40.
According to Acting United States Attorney Bruce D. Brandler, Colborn previously entered guilty pleas on January 15, 2020 to bank fraud and conspiracy to commit bank fraud.
Colborn created a counterfeit Wells Fargo brokerage statement in his name showing that he had in excess of $14,000,000 in a brokerage account, and then fraudulently induced reliance on the counterfeit brokerage statement to secure property and other things of value. One such example occurred when Colborn admittedly issued a bad check to a local realtor in the amount of $2,000 for a down payment toward the purchase of a residence in Dunmore, Pennsylvania with a promise of paying $190,000 in cash at closing. The realtor subsequently contacted Wells Fargo and learned that the brokerage account did not exist.
Beginning in November 2017 through March 2019, Colborn admitted to unlawfully issuing a series of bad checks totaling more than $400,000 in order to obtain property. For example, in November 2017, Colborn issued a bad check in the amount of $58,786.54 to Motor World in order to take possession of a Range Rover. In that same month, Colborn issued a bad check in the amount of $68,416.70 to Gibbon’s Ford in order take possession of a 2018 Ford F-150 pick-up truck. In January 2019, Colborn issued a bad check in the amount of $95,682.48 to Ken Pollock Alfa Romero in order take possession of an Alfa Romero vehicle. The vehicles were subsequently repossessed. Colborn’s fraud scheme also included a series of bad checks issued to local retailers for thousands of dollars, including Home Depot, RJ Walker, Dick’s Sporting Goods and Auto Zone.
The case was investigated by the Internal Revenue Service – Scranton Office, the Dunmore Police Department, and the Lackawanna County District Attorney’s Office. Assistant U.S. Attorney Michelle Olshefski prosecuted the case.
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Bloomsburg Couple Charged with Covid-Relief FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Darryl Corradini, age 63, and Vicki Hackenberg, age 57, both of Bloomsburg, Pennsylvania, were charged on April 13, 2021, by a federal grand jury with perpetrating a bank fraud and money laundering scheme that included nearly $300,000 in COVID-19 relief guaranteed by the Small Business Administration through the Paycheck Protection Program (PPP).
The PPP is designed to help small businesses facing financial difficulties during the COVID-19 pandemic. Funded by the March 2020 CARES Act, PPP funds are offered in forgivable loans, provided that certain criteria are met, including use of the funds for employee payroll, mortgage interest, lease, and utilities expenses.
According to Acting United States Bruce D. Brandler, the indictment alleges that Corradini, Hackenberg, and other coconspirators created a shell corporation, CGM Realty LLC, and opened bank accounts and a Bitcoin trading account in the corporation’s name, by using false and forged documents. The conspirators allegedly used the accounts to receive over $135,000 in fraudulently obtained funds, and over $296,000 from a PPP loan that was obtained with false and forged documentation. That documentation included false information and certifications about CGM Realty LLC’s employee payroll obligations, and intention to use the funds for approved purposes, when in fact CGM Realty LLC had no employees or legitimate business operations. Forged IRS documentation also was included with the PPP application, containing false information about CGM Realty LLC’s nonexistent payroll obligations. Over $350,000 was then used to purchase Bitcoins, a type of cryptocurrency.
Corradini and Hackenberg are charged with conspiring to commit bank fraud and with two counts of committing bank fraud for submitting false and fraudulent documentation to obtain the PPP loan. They also are charged with two counts of making false statements on loan applications, with conspiring to commit money laundering, and with three counts of engaging in unlawful monetary transactions by purchasing Bitcoins with the fraudulently obtained PPP loan. Corradini is charged with one count of making false statements to IRS agents that he did not have access to CGM Realty LLC’s bank account. Hackenberg is charged with two counts of making false statements to IRS agents that she had no knowledge of CGM Realty LLC, and that she had not communicated with other coconspirators in over a year.
The case was investigated by the IRS, Criminal Investigations. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
Criminal 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 is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Statement by the Principal Deputy Assistant Attorney General for Civil Rights Leading A Coordinated Civil Rights Response to Coronavirus (Covid-19)Read the Press Release
Principal Deputy Assistant Attorney General for Civil Rights Pamela S. Karlan issued the following statement and attached resource guide to assist Federal agencies, state and local governments, and recipients of Federal financial assistance in addressing ongoing civil rights challenges related to the COVID-19 pandemic:
The COVID-19 pandemic has stressed our Nation’s commitment to an open, equal, and inclusive society. We have seen hateful and xenophobic rhetoric and violence aimed at Asian American and Pacific Islander (AAPI) communities and businesses. We have also seen Black, Indigenous, Latino, and Pacific Islander communities, as well as people with disabilities, suffer disproportionately high rates of death and greater risk of infection and hospitalization. COVID-19 has magnified social, economic, and environmental inequalities that we cannot ignore.
As a Nation, we cannot adequately respond to, and recover from, COVID-19 if we do not protect all of our neighbors. That requires us to pursue justice on behalf of those targeted because of their race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or citizenship.
The Department of Justice will vigorously enforce Federal civil rights as we continue the process of national reckoning, recovery, and healing. Civil rights protections and responsibilities still apply, even during emergencies. They cannot be waived. Federal agencies, state and local governments, and recipients of Federal financial assistance are an integral part of our shared effort to uphold civil rights.
The following principles should assist in meeting these nondiscrimination obligations:
1. Combat hate crimes, harassment, and other discrimination against the AAPI community. There has been a disturbing rise in violence, harassment, and discrimination directed at the AAPI community. Laws prohibiting such conduct must be vigorously enforced by the Federal government, acting with its state and local partners. We must support and provide services to victims of hate crimes, harassment, or unlawful discrimination and ensure the safety of schools, workplaces, and communities through prompt and thorough investigation of complaints. The attached guide includes resources to support prevention and reporting of hate crimes in communities. It also explains how to report discrimination, harassment, or hate incidents in housing, education, employment or other civil rights violations. The Civil Rights Division is prepared to work with sister Federal agencies to support state and local efforts aimed at preventing pandemic-related harassment and discrimination targeting AAPI communities. For more information on preventing hate crimes in your community, visit the Department of Justice’s hate crimes resource page: https://www.justice.gov/hatecrimes.
2. Ensure equal access for people with disabilities and avoid disability discrimination. COVID-19 has had a devastating and disproportionate impact on people with disabilities. Governments, health care providers, and long-term care facilities must comply with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). This includes when making decisions about who will receive medical care, including vaccines and hospital beds. It also includes crafting and implementing policies such as crisis standards of care, visitation rules, and vaccine distribution plans. People living in nursing homes and other long-term care facilities have been placed at particular risk of COVID-19 infection and death. Some reports show that more than one-third of all deaths from COVID-19 in the U.S.—over 172,000 people—are linked to nursing homes and other long-term care facilities. Providing services in home- and community- based settings instead of in long-term care facilities can satisfy the ADA integration mandate by preventing unnecessary institutionalization. It can also reduce COVID-19 risk. As governments, employers, and businesses lift pandemic-related restrictions and reopen, they must comply with the ADA and Section 504. This includes providing reasonable accommodations and modifications, physical access, and effective communication. For information about rights and responsibilities under these statutes, please contact the ADA Information Line at 800-514-0301 (voice) or 800- 514-0383 (TTY) or visit https://www.ada.gov/. Additional relevant information can be found on the U.S. Department of Health and Human Services’ Office for Civil Rights’ website at https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html.
3. Reduce further learning loss for vulnerable students. Education inequalities have worsened as COVID-19 continues to disrupt learning for millions of students. Students of color are experiencing disproportionate failure rates, a growing digital divide disadvantages students who cannot access the internet and miss school as a result, and students with limited English proficiency and/or a disability are suffering serious educational consequences. Students who are homeless or in juvenile justice facilities are particularly at risk of learning disruptions. Schools contribute to these challenges when they fail to communicate with limited English proficient families in a language they understand about how to access online learning and other important information about school activities. Whether schools begin to reopen or continue to teach virtually, they must do so in compliance with Titles IV and VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Equal Educational Opportunities Act of 1974, the ADA, and Section 504. COVID-19 resources for schools, students, and families can be found at https://www.ed.gov/coronavirus?src=feature&utm_medium=email&utm_source=govdelivery.
4. Protect correctional staff, incarcerated and detained people, and their families. Studies have shown that compared to the general population, a disproportionate number of COVID-19 outbreaks and deaths occur in jails, prisons, and detention facilities across the country. Certain communities of color, including Black, Indigenous, and Latino people, as well as people with disabilities, are more likely to have comorbidities, and suffer serious and even fatal COVID-19 infections, both in the general population and in jails, prisons, and detention centers. Individuals with limited English proficiency and those with disabilities can face increased isolation and lack meaningful access to essential information during COVID-19. This can limit their ability to obtain treatment and timely escalation of care when needed. State and local jails, prisons, and detention centers that receive Federal financial assistance must not discriminate on the basis of race, color, and national origin under Title VI of the Civil Rights Act of 1964 and other statutes. They must also comply with the ADA’s and Section 504’s disability nondiscrimination mandate. In addition to the statutory prohibitions on discrimination, these facilities may not deprive prisoners of their rights guaranteed by the Eighth and Fourteenth Amendments. Federal prisons and detention facilities are subject to Executive Order 13166 and other authorities that protect the civil rights of Federal detainees and inmates. For further guidance on managing pandemic response and recovery in correction and detention facilities, see https://nicic.gov/coronavirus and https://www.cdc.gov/coronavirus/2019-ncov/hcp/broad-based-testing.html.
5. Protect vulnerable populations facing housing instability. COVID-19 has exacerbated existing racial and economic disparities in access to safe and affordable housing. Despite these challenges, individuals retain their fundamental right to obtain housing free from discrimination. Direct providers of housing must still comply with the Fair Housing Act. Our country already faced a severe shortage in affordable housing before the economic impacts of COVID-19 caused significant increases in housing instability. With studies showing that certain communities of color are more likely to be at risk of eviction, we must ensure that discrimination is not an additional barrier. Information on where to find housing assistance during the pandemic can be found here: https://www.benefits.gov/news/article/402. The Department of Housing and Urban Development also maintains a list of resources, found at https://www.hud.gov/coronavirus.
6. Provide information in languages other than English. Large numbers of people in the United States do not read or understand English well. Yet all people need to understand the symptoms, when to stay home, and how to protect themselves and their families to prevent the spread of the virus. Federal, state, and local public messaging on pandemic safety measures and recovery efforts should be provided in the wide array of languages spoken by people with limited English proficiency. Likewise, it is important that we ensure language accessibility in law enforcement, courts, and victim services so that victims of hate crimes and discrimination can vindicate their rights. Title VI requires recipients of Federal financial assistance to provide meaningful access to Federally-funded programs and activities to people with limited English proficiency. More information about ensuring language access and the concentration of, and languages spoken by, persons with limited English proficiency in a particular community can be found at https://www.lep.gov/ and https://www.lep.gov/maps.
7. Collect data to monitor, track, and ensure equitable outcomes. COVID-19 requires accountability and action to address longstanding disparities for Black, Indigenous, Latino, AAPI, and other people of color, as well as people with disabilities. Complete, consistent, and accurate data collection and reporting on race, ethnicity, disability, and limited English proficient status are essential to our ability to recognize and address disparities and inequality. Federal civil rights offices are authorized to use qualitative (studies, news reports, and other sources of information) and quantitative data to conduct outreach, technical assistance, and enforcement to ensure compliance with Title VI of the Civil Rights Act of 1964. The Civil Rights Division is available to consult with Federal agencies on approaches to data collection and assessments to determine whether policies or practices may have a discriminatory impact. For more information on identifying discrimination under Title VI and on data collection, see https://www.justice.gov/crt/fcs/T6Manual7#Z; see also Executive Order 13985 (addressing the need for race, ethnicity, and disability data collection).
The Civil Rights Division will do its part to facilitate a coordinated federal response to these issues. Under Executive Order 12250, the Department of Justice is responsible for ensuring the consistent and effective implementation of Federal civil rights laws “prohibiting discriminatory practices in Federal programs and programs receiving federal financial assistance.” Accordingly, I have directed the Civil Rights Division’s Federal Coordination and Compliance Section and the Disability Rights Section to ensure that Federal agencies use their authority to pursue a comprehensive approach to advance equity and redress inequities in pandemic response and recovery. Finally, the Civil Rights Division will continue to convene meetings of Federal civil rights offices to:
1) exchange information and resources for agencies to take action on COVID-19-related harassment and discrimination;
2) monitor and address civil rights issues related to COVID-19 and recipients of Federal financial assistance;
3) identify strategies to ensure Federal, state and local efforts achieve equitable outcomes in current and future emergency planning and response;
4) work with the Federal agencies to develop and identify data sources or indices that will assist recipients of Federal financial assistance to collect data from communities of color and other underserved populations. The Civil Rights Division, together with other agencies throughout the Federal government, will continue to monitor civil rights issues related to COVID-19 and vigorously enforce civil rights laws. To file a complaint with the Civil Rights Division, please fill out our online form at https://civilrights.justice.gov/.
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Monroe County Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Sparano, age 30, of Stroudsburg, Pennsylvania, was indicted on April 13, 2021, by a federal grand jury for drug trafficking and firearm offenses.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Sparano with conspiracy to distribute over one kilogram of heroin (which is the equivalent of approximately 40,000 individual doses of heroin). The indictment further charges Sparano with possessing two firearms while knowing that he had previously been convicted of a felony.
The matter was investigated by the Federal Bureau of Investigation (FBI) the Monroe County District Attorney’s Office, the Monroe County Drug Task Force, and the Stroud Area Regional 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.
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 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 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.
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Hazleton Man Indicted for Firearms and Drug Trafficking OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Shirley, age 28, of Hazleton, Pennsylvania, was indicted on April 13, 2021, by a federal grand jury for drug trafficking and firearms offenses.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Shirley with distributing fentanyl and methamphetamine and possessing with the intent to distribute fentanyl, methamphetamine, and cocaine. The indictment further charges Shirley with possessing two firearms, including a 5.56 caliber rifle, in furtherance of a drug trafficking offense and for possessing them having been previously convicted of a felony offense.
The matter was investigated by the Federal Bureau of Investigations (FBI), and the Pennsylvania State Police. Assistant United States Attorney James Buchanan is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 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 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.
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York County Man Sentenced to 33 Years’ Imprisonment for Sex TraffickingRead the Press Release
HARRISBURG, PA - The United States Attorney’s Office for the Middle District of Pennsylvania announced Robert Lee Johnson a/k/a Stone, age 54, of York, Pennsylvania, was sentenced on April 8, 2021, to 396 months’ imprisonment by U.S. District Court Judge Jennifer Wilson on sex trafficking charges.
According to Acting United States Attorney Bruce D. Brandler, Johnson knowingly recruited and enticed multiple victims to engage in commercial sex acts at local hotels between November 2015 and August 2016, in York County. Most of the victims worked on an “all in” basis, meaning they would give all of the money they earned to Johnson in exchange for having basic living expenses supplied. They relied on Johnson for food and clothing and, most significantly, heroin to support their addictions. Johnson was often violent, threatened the victims and physically assaulted them if they tried to keep any money or if they were “disrespectful.” Johnson would force the victims to watch him beat someone to serve as a warning on what would happen to them if they crossed Johnson. As another method of threatening and forcing the victims was to withholding heroin from them until they reached a quota of tricks.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Scott Ford and retired Assistant U.S. Attorney James Clancy prosecuted 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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U.S. Attorney and IRS Warn Potential Tax Cheats to Timely File Accurate and Complete Tax ReturnsRead the Press Release
HARRISBURG - With the deadline for filing federal individual income tax returns having been extended to May 17th, 2021, and taxpayers now preparing to file their tax returns, the U.S. Attorney’s Office for the Middle District of Pennsylvania, and the Philadelphia Field Office, IRS Criminal Investigation Division, jointly announced a warning to those who are thinking about breaking the law by committing tax crimes. Willfully filing false tax returns or deliberately evading paying taxes are serious criminal offenses and can result in prison and substantial fines and penalties.
“Supreme Court Justice Oliver Wendell Holmes famously stated that taxes are what we pay for a civilized society and those words are even engraved on the exterior of the IRS building in Washington D.C.,” stated Acting U.S. Attorney Bruce D. Brandler. Those who fail to pay their fair share of taxes not only cheat the government out of much needed revenue that finances our military, health programs, and public works projects, but also cheat their fellow citizens who are forced to carry more than their share of the burden. Our office will vigorously prosecute any individual or business that willfully violates our tax laws.”
“Tax fraud schemes, such as employment tax fraud, refund fraud, and identity theft harm everyone,” said IRS Special Agent in Charge Thomas Fattorusso. “These schemes serve no purpose except to defraud the IRS and the American Public. Would-be tax cheats are reminded that IRS-CI uses all its investigative tools to uncover and put a stop to such fraud.”
Throughout the past year, the U.S. Attorney’s Office prosecuted a broad array of tax offenses including tax evasion, employment tax fraud, and refund fraud. Enforcement efforts are continually ongoing. Here are a few recent examples:
Tax Evasion
- On March 5, 2021, a 54-year-old Old Forge man was sentenced to three years of probation and ordered to pay $117,370 in restitution for tax evasion. Christopher Jones failed to report over $500,000 in taxable income between 2014 and 2019 to avoid paying federal income taxes. Jones failed to report income he gained from illegal bookmaking activities and made false statements to federal agents in February 2019 during the investigation. The judge noted that but for COVID, Jones would have had to serve prison time, but his medical conditions placed him at high risk.
Prosecution of Business Owners
- On January 27, 2021, Lynn and Richard Mineo of Old Forge, Pennsylvania, pled guilty to tax evasion. The Mineos, who are husband and wife, failed to report a total of $550,469.92 in income between tax years 2014 ($145,205), 2015 ($169,346), 2016 ($153,749), and 2017 ($82,168). The income was for the Mineos’ business, a beer retail store called Mineo’s Brewer’s Outlet, located in Dunmore, Pennsylvania.
- On February 23, 2021, a 36-year-old Harrisburg man was sentenced to two years of probation and ordered to pay $360,897.86 in restitution for conspiring to defraud the United States by failing to pay employment taxes. Darasomalee Thach co-owned and operated a temporary staffing company in Harrisburg and failed to withhold and pay employment taxes from 2011 through 2015, in order to maximize his personal profit.
- On March 5, 2021, Matthew Forney of Camp Hill, was sentenced to one year and one day imprisonment and ordered to pay a $40,000 fine, and Kim Forney, of Windsor, was sentenced on March 4, 2021, to one year imprisonment, for failing to include earnings made through their business on their federal income tax returns for the years 2014 through 2017. The Forneys deposited checks from their business sales into the business bank account, which was reported as taxable income on their tax returns, along with credit card sales. However, the Forneys retained any cash from their business sales at their residence. The Forneys did not report this cash as taxable income on their tax returns or pay taxes on these monies. The unreported income for these years totaled $817,713, which resulted in $292,066 in unpaid taxes.
- On March 31, 2021, Andrea and Guiseppe Tomasino, co-owners of Tomasino’s Restaurante Italiano, located in Dallas, Pennsylvania, pled guilty to failing to collect and pay required federal payroll taxes. Andrea and Guiseppe Tomasino, who were responsible, as co-owners of Tomasino’s Restaurant Italiano, for collecting and paying to the Internal Revenue Service federal payroll taxes, including Federal Insurance Contribution Act (FICA) taxes, willfully failed to pay to the IRS these required taxes for a period from the first quarter of 2014 through the first quarter of 2019, in the total amount of $95,710.
Stolen Identity Refund Fraud
- On March 9, 2021, a 38-year-old Allentown woman was sentenced to 75 months’ imprisonment for conspiring to defraud the government between January 2015 to July 2016. Marien Torres-Acevedo and her conspirators obtained fraudulent U.S. Treasury checks by stealing victims’ identities and using those stolen identities to file false tax returns that generated significant refunds. Torres-Acevedo and her conspirators then secured the fraudulent U.S. Treasury checks and cashed them at various check cashing businesses, including several in Pennsylvania. Torres-Acevedo admitted that between $550, 000 and $1.5 million in losses occurred as a result of the criminal activity. Torres-Acevedo was ordered to pay $857,729.65 in restitution.
- On April 1, 2021, a 44-year-old Allentown man was sentenced to 70 months’ imprisonment for conspiring to defraud the government and for committing aggravated identity theft. Julio Polanco Suarez and his conspirators obtained fraudulent U.S. Treasury checks by stealing victims’ identities and using those stolen identities to file false tax returns that generated significant refunds. The conspirators then secured the fraudulent U.S. Treasury checks and cashed them at various check cashing businesses, including several in Pennsylvania. Suarez admitted that between $1.5 million and $3.5 million in losses to the U.S. Treasury occurred as a result of the criminal activity. Suarez was also ordered Suarez to pay $1,189,256.50 in restitution. Coconspirators received sentences ranging from three years’ probation to 75 months’ imprisonment. Suarez faces deportation at the conclusion of his sentence of imprisonment.
Fraudulent FormsOn March 26, 2021, Eric Judkins pled guilty to conspiracy to defraud the Internal Revenue Service. Judkins and his co-defendant, Larry Benavides and others, ran a scheme between January 2011 and October 2012, at USP Allentown in which they would fill out fraudulent IRS Forms 1040EZ to claim refunds. The scheme also included selling completed forms to other inmates for a price, after which Judkins and Bernavides would pocket the money and the inmate would claim the bogus refund himself. From early 2011 until 2012, approximately 80 false returns were filed with the IRS on behalf of multiple inmates. Judkins directed that the refunds be sent to individuals outside of prison which involved setting up individuals outside of prison as Powers of Attorney so that they could cash the checks and deposit the money into the inmates’ commissary accounts. Searches of the inmates’ cells resulted in recoveries of IRS forms. The total amount of refunds claimed by the conspiracy was $108,855 of which Judkins or individuals directed by Judkins claimed $11,031.37. The total amount of refunds issued by the IRS was $26,735, of which $7,194 went to Judkins and his direct associates. Benavides previously pleaded guilty in the Western District of Pennsylvania and is awaiting sentencing.
Tax Scam Warning
The U.S. Attorney’s Office and the IRS remind tax payers to exercise caution during tax season to protect themselves against tax schemes ranging from identity theft to return preparer fraud. Illegal scams can lead to significant penalties and interest and possible criminal prosecution. IRS Criminal Investigation works closely with the Department of Justice to shutdown scams and to prosecute the criminals behind them. The IRS would like to warn taxpayers of a quickly growing scam involving a phone scam whereby criminals fake calls from the Taxpayer Advocate Service (TAS), an independent organization within the IRS.
Similar to other IRS impersonation scams, thieves make unsolicited phone calls to their intended victims fraudulently claiming to be from the IRS. In this most recent scam variation, callers “spoof” the telephone number of the IRS Taxpayer Advocate Service office in Houston or Brooklyn. Calls may be ‘robo-calls’ that request a call back. Once the taxpayer returns the call, the con artist requests personal information, including Social Security number or individual taxpayer identification number (ITIN).
TAS can help protect your taxpayer rights. TAS can help if you need assistance resolving an IRS problem, if your problem is causing financial difficulty, or if you believe an IRS system or procedure isn’t working as it should. TAS does not initiate calls to taxpayers “out of the blue.” Typically, a taxpayer would contact TAS for help first, and only then would TAS reach out to the taxpayer.
In other variations of the IRS impersonation phone scam, fraudsters demand immediate payment of taxes by a prepaid debit card or wire transfer. The callers are often hostile and abusive. Alternately, scammers may tell would-be victims that they are entitled to a large refund but must first provide personal information. Other characteristics of these scams include:
- Scammers use fake names and IRS badge numbers to identify themselves.
- Scammers may know the last four digits of the taxpayer’s Social Security number.
- Scammers spoof caller ID to make the phone number appear as if the IRS or another local law enforcement agency is calling.
- Scammers may send bogus IRS emails to victims to support their bogus calls.
- Victims hear background noise of other calls to mimic a call site.
- After threatening victims with jail time or with, driver’s license or other professional license revocation, scammers hang up. Others soon call back pretending to be from local law enforcement agencies or the Department of Motor Vehicles, and caller ID again supports their claim.
Here are some things the scammers often do, but the IRS will not do. Taxpayers should remember that any one of these is a tell-tale sign of a scam.
The IRS will never:
- Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer. Generally, the IRS will first mail a bill to any taxpayer who owes taxes.
- Threaten to immediately bring in local police or other law-enforcement groups to have the taxpayer arrested for not paying.
- Demand that taxes be paid without giving taxpayers the opportunity to question or appeal the amount owed.
- Ask for credit or debit card numbers over the phone.
- Call about an unexpected refund.
For taxpayers who don’t owe taxes or don’t think they do:
- Please report IRS or Treasury-related fraudulent calls to [email protected] (Subject: IRS Phone Scam).
- Do not give out any information. Hang up immediately. The longer the con artist is engaged; the more opportunity he/she believes exists, potentially prompting more calls.
- Contact TIGTA to report the call. Use their IRS Impersonation Scam Reporting web page. Alternatively, call 800-366-4484.
- Report it to the Federal Trade Commission. Use FTC.gov. Please add "IRS Telephone Scam" in the notes.
For those who owe taxes or think they do:
- Call the IRS at 800-829-1040. IRS workers can help.
- View tax account online. Taxpayers can see their past 24 months of payment history, payoff amount and balance of each tax year owed.
Stay alert to scams that use the IRS or other legitimate companies and agencies as a lure. Tax scams can happen any time of year, not just at tax time. For more information visit Tax Scams and Consumer Alerts on IRS.gov.
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Port Matilda Man Sentenced on Child Pornography ChargesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Dashem, age 36, of Port Matilda, Pennsylvania, was sentenced to 240 months' imprisonment by U.S. District Court Judge Matthew W. Brann for receiving and possessing child pornography. The federal sentence imposed by Judge Brann will be served consecutively to a state prison sentence that Dashem is currently serving.
According to Acting U.S. Attorney Bruce D. Brandler, Dashem pleaded guilty in November 2020 to receiving and possessing child pornography.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant United States Attorney Geoffrey W. MacArthur 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.
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Hazleton Man Sentenced to 30 Months’ Imprisonment for StalkingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 8, 2021, Gregory Rossi, age 49, of Hazleton, Pennsylvania, was sentenced to 30 months' imprisonment to be followed by three years of supervised release by U.S. District Court Judge Robert D. Mariani for stalking.
According to Acting U.S. Attorney Bruce D. Brandler, on December 16, 2019, Rossi entered a guilty plea to stalking a victim from August 1, 2018 through August 27, 2019 while a protection from abuse order was in place. Judge Mariani also ordered the forfeiture of dozens of firearms and thousands of rounds of ammunition found in Rossi’s possession at the time of his arrest.
The case was investigated by the Federal Bureau of Investigation, the Hazleton City Police Department and the Sugarloaf Police Department. Assistant United States Attorney Jenny P. Roberts prosecuted the case.
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Berks County Man Pleads Guilty to Trafficking Methamphetamine and Heroin in Luzerne, Lackawanna, and Schuylkill CountiesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Terron, age 38, formerly of Reading, Pennsylvania, pled guilty yesterday before U.S. District Court Judge Robert D. Mariani, to conspiracy to distribute more than 500 grams of methamphetamine and heroin.
According to Acting United States Attorney Bruce D. Brandler, Terron admitted to participating in a conspiracy to distribute between 1.5 kilograms and 5 kilograms of crystal methamphetamine, and between 1 kilogram and 3 kilograms of heroin, in Luzerne, Lackawanna and Schuylkill Counties between January 2017 and December 2018. Terron was one of five individuals indicted by a grand jury in December 2018 for methamphetamine trafficking in Northeastern Pennsylvania.
Judge Mariani ordered that a presentence report be completed. Sentencing will be scheduled at a later date.
Previously, Amanda Boyle, age 37, of Sweet Valley, Luzerne County, was sentenced by Judge Mariani to nine years in prison for her role in this drug trafficking conspiracy.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Pennsylvania State Police, the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania Office of Attorney General. Assistant United States Attorney Robert J. O’Hara 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.
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 charge carries a mandatory minimum penalty of ten years in prison under federal law. The maximum penalty for the charge is up to life in prison, a term of supervised release following imprisonment, and a $10,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wilkes-Barre Man Sentenced to 87 Months’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Luis Vazques, age 39, of Stroudsburg, Pennsylvania, was sentenced yesterday to 87 months’ imprisonment by United States District Court Judge Robert D. Mariani for drug trafficking and firearms charges.
According to Acting United States Attorney Bruce D. Brandler, Vazques pleaded guilty to a conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin (approximately 5,000 individual doses) and 40 grams or more of fentanyl. Vazques also pleaded guilty to possessing a firearm in furtherance of his drug trafficking.
The case was investigated by the FBI, the Pennsylvania State Police, Monroe, Pennsylvania District Attorney’s Office and Stroud Area Regional Police. Assistant U.S. Attorney Todd K. Hinkley prosecuted 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.
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