Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Revised Statement of U.S. Attorney Freed on Inquiry into Reports of Potential Issues with Mail-In BallotsRead the Press Release
HARRISBURG - On Monday, September 21, 2020, at the request of Luzerne County District Attorney Stefanie Salavantis, the Office of the United States Attorney along with the Federal Bureau of Investigation, Scranton Resident Office, began an inquiry into reports of potential issues with a small number of mail-in ballots at the Luzerne County Board of Elections.
Since Monday, FBI personnel working together with the Pennsylvania State Police have conducted numerous interviews and recovered and reviewed certain physical evidence. Election officials in Luzerne County have been cooperative. At this point we can confirm that a small number of military ballots were discarded. Investigators have recovered nine ballots at this time. Some of those ballots can be attributed to specific voters and some cannot. Of the nine ballots that were discarded and then recovered, 7 were cast for presidential candidate Donald Trump. Two of the discarded ballots had been resealed inside their appropriate envelopes by Luzerne elections staff prior to recovery by the FBI and the contents of those 2 ballots are unknown.
Our inquiry remains ongoing and we expect later today to share our up to date findings with officials in Luzerne County. It is the vital duty of government to ensure that every properly cast vote is counted.
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Letter to Luzerne County Bureau of ElectionsRead the Press Release
Shelby Watchilla, Director of Elections of Luzerne County Bureau of Elections
Dear Ms. Watchilla:
On Monday, September 21, 2020, at the request of Luzerne County District Attorney Stefanie Salavantis, the Office of the United States Attorney along with the Federal Bureau of Investigation, Scranton Resident Agency, began an inquiry into reports of potential issues with a small number of mail-in ballots at the Luzerne County Board of Elections.
Since Monday, FBI personnel have conducted numerous interviews and recovered and reviewed certain physical evidence. While at this point the inquiry remains active, based on the limited amount of time before the general election and the vital public importance of these issues, I will detail the investigators’ initial findings.
The FBI has recovered a number of documents relating to military ballots that had been improperly opened by your elections staff, and had the ballots removed and discarded, or removed and placed separately from the envelope containing confidential voter information and attestation. Specifically, a total of nine (9) military ballots were discovered to have been discarded. Seven (7) of those ballots when discovered by investigators were outside of any envelope. Those ballots were all cast for presidential candidate Donald Trump. One (1) of those seven (7) ballots was able to be identified to an envelope that was recovered, and thereby potentially tied to a specific voter. Two (2) military ballots that had been discarded were previously recovered by elections staff, reinserted into what appeared to be their appropriate envelopes, and then resealed. Therefore, the votes cast on those two (2) ballots are unknown. Thus, is appears that three (3) of the nine (9) recovered ballots can be potentially attributed to specific voters. Six (6) of the ballots were simply removed and discarded, and cannot be attributed to a specific voter at this time.
In addition to the military ballots and envelopes that were discarded and recovered as detailed above, investigators recovered four (4) apparently official, bar-coded, absentee ballot envelopes that were empty. Two (2) of those envelopes had the completed attestations and signatures on the reverse side. One (1) envelope with a handwritten return address was blank on the reverse side. The fourth empty envelope contains basic location information and the words “affirmation enclosed” on the reverse side. The majority of the recovered materials were found in an outside dumpster.
As you know, the appropriate method for processing received military ballots is to securely store the ballot, unopened, until such time as ballot pre-canvassing can begin, which is in no event earlier than 7:00 a.m. on Election Day. Opening a military or overseas ballot, or an absentee or mail-in ballot for that matter, violates the controlling statutes and is contrary to Pennsylvania Department of State guidance. The preliminary findings of this inquiry are troubling and the Luzerne County Bureau of Elections must comply with all applicable state and federal election laws and guidance to ensure that all votes—regardless of party—are counted to ensure an accurate election count. Even though your staff has made some attempts to reconstitute certain of the improperly opened ballots, there is no guarantee that any of these votes will be counted in the general election. In addition, our investigation has revealed that all or nearly all envelopes received in the elections office were opened as a matter of course. It was explained to investigators the envelopes used for official overseas, military, absentee and mail-in ballot requests are so similar, that the staff believed that adhering to the protocol of preserving envelopes unopened would cause them to miss such ballot requests. Our interviews further revealed that this issue was a problem in the primary election--therefore a known issue--and that the problem has not been corrected.
While the assigned investigators are continuing their work including reviewing additional discarded materials, it is imperative that the issues identified be corrected. District Attorney Salavantis and I would be happy to meet with you at a mutually convenient time to discuss this matter. Please be assured that the investigators will carefully preserve all documents collected in connection with this investigation. Our goal, that I am sure you share, is to ensure that every properly cast ballot is counted.
Sincerely,
DAVID J. FREED
UNITED STATES ATTORNEY
cc: David Pedri, Luzerne County Manager
Tim McGinley, Luzerne County Council Chair
Stefanie Salavantis, Luzerne County District Attorney
Department of Justice Begins Second Distribution of Funds Recovered Through Asset Forfeiture to Compensate Victims of Western Union Fraud Scheme, Bringing Total to over $300 MillionRead the Press Release
WASHINGTON – The Department of Justice announced today that the Western Union Remission Fund began its second distribution of approximately $148 million in funds forfeited to the U.S. government from the Western Union Company (Western Union) to approximately 33,000 victims located in the United States and abroad. These victims, many of whom were elderly victims of consumer fraud and abuse, will be recovering the full amount of their losses.
This is the second in a series of payment distributions to occur in the Western Union remission. The first distribution paid approximately $153 million to over 109,000 victims in March of this year. The Department of Justice anticipates authorizing compensation for many more victims in the coming months. The department is accepting petitions on an ongoing basis and will be providing potential victims who have not applied for remission the opportunity to apply.
“Through the tireless work of the Department of Justice, today 33,000 more individuals, including many elderly victims of the criminals who exploited Western Union’s deficient anti-money laundering controls, are being made whole through this distribution of an additional $148 million,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “Together with the first distribution, the department has now remitted more than $300 million to over 142,000 victims of this fraud. These results reinforce the department’s commitment to compensating victims whenever possible.”
“After the first distribution of funds to victims of these nefarious scammers, I said that it was a good start,” said U.S. Attorney David J. Freed. “Today’s announcement marks another important event in this lengthy and complicated case. While ensuring fair business practices and anti-fraud programs is certainly a worthy goal, our aim is always to compensate our victims. We credit the innovative and industrious efforts of our investigative partners and thank them for their sustained efforts to make the victims whole.”
“We are very pleased to deliver $148 million to provide financial justice for these thousands of victims,” said Damon E Wood, Inspector in Charge of the U.S. Postal Inspection Service’s (USPIS) Philadelphia Division. “This brings the total returned to victims to over $300 million. Especially in these difficult times, the monies will hopefully provide relief for those who were scammed. The Postal Inspection Service will continue to be at the forefront of protecting Americans from the scams that harm our most vulnerable citizens and delivering justice for all.”
In 2017, Western Union entered into a deferred prosecution agreement (DPA) with the United States. Pursuant to the DPA, Western Union acknowledged responsibility for its criminal conduct, which included violations of the Bank Secrecy Act and aiding and abetting wire fraud, and agreed to forfeit $586 million, which has been made available to compensate victims of the international consumer fraud scheme through the remission process. Western Union simultaneously resolved a parallel civil investigation with the Federal Trade Commission.
In this scheme, fraudsters targeted consumers, including seniors, through multiple scams. Three specific scams directed towards seniors include the grandparent scam, where the fraudster would pose as the victim’s relative in need of immediate money to avoid personal harm, lottery or sweepstakes scams, where the fraudster would tell the victim that they had won a large cash prize but had to pay fees such as taxes to claim the prize, and romance scams, where the fraudster would pose as an online love interest and request funds for a visit or for another purpose. In each of these scams the fraudsters convinced their victims to send money through Western Union.
Certain owners, operators or employees of Western Union agent locations were complicit in the schemes. Western Union aided and abetted the fraud scheme by failing to suspend or terminate complicit agents and by allowing them to continue to process fraud-induced monetary transactions. Western Union fulfilled its obligations under the DPA and the court granted the motion to dismiss the information this year.
The Justice Department, through the Asset Forfeiture Program, works diligently to restore lost funds to victims of crime and acknowledges the significant assistance of the USPIS Philadelphia Division’s Harrisburg, Pennsylvania Office in the Western Union remission. The victim compensation payments in the Western Union case would not have been possible without the extraordinary efforts of the Criminal Division’s Money Laundering and Asset Recovery Section; the U.S. Attorneys’ Offices for the Middle District of Pennsylvania, the Central District of California, the Eastern District of Pennsylvania, and the Southern District of Florida. The FBI’s Los Angeles Field Office, IRS-Criminal Investigation, U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations, the Federal Reserve Board and the Consumer Financial Protection Bureau Office of Inspector General, and the Department of the Treasury Office of Inspector General provided valuable assistance.
More information about the Western Union remission and its compensation to victims is available on the Western Union remission website at www.westernunionremission.com. Further questions may be directed to the Western Union Remission Administrator by phone at 844-319-2124 or by email at [email protected].
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Harrisburg Man Sentenced to 10 Years’ Imprisonment for Child ExploitationRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert L. Hayes, Sr., age 74, of Harrisburg, Pennsylvania, was sentenced on September 21, 2020 to 10 years’ imprisonment followed by 15 years of supervised release by Chief U.S. District Court Judge John E. Jones III, on child exploitation charges.
According to United States Attorney David J. Freed, Hayes possessed images of prepubescent minors under the age of 12 years old on October 16, 2018 and November 20, 2018, in Harrisburg. Hayes was on federal Supervised Release following a prison term after pleading guilty to a similar federal child exploitation offense in 2007.
The case was investigated by the U.S. Postal Inspection Service and the U.S. Probation Office. Assistant U.S. Attorney James T. Clancy prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Texas Man Sentenced for Armed Bank RobberyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 18, 2020, Justin Wade Lynch, age 44, originally of Texas, was sentenced to 84 months’ imprisonment by United States District Court Judge Malachy E. Mannion for armed bank robbery.
According to United States Attorney David J. Freed, Lynch admitted that, on October 30, 2012, he robbed Penn Security Bank & Trust in Peckville, Lackawanna County, Pennsylvania. Lynch brandished a firearm during the robbery, and stole $12,470.
Lynch has been incarcerated since 2013 in Texas on an unrelated armed robbery conviction. The 84 month federal sentence will run concurrent with the remainder of the Texas sentence. Lynch was ordered to serve three years of supervised release after his prison term, and to pay full restitution.
The case was investigated by the Blakely Police Department, the Pennsylvania State Police, and the U.S. Federal Bureau of Investigation (FBI), and was prosecuted by Assistant U.S. Attorney Sean A. Camoni.
This case is also 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 Man Sentenced to Five Years’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shaquan Jones, age 25, of Harrisburg, Pennsylvania, was sentenced on September 18, 2020, by U.S. District Court Judge Jennifer Wilson to 60 months’ imprisonment for possession of a gun in furtherance of drug trafficking and possession of crack cocaine with intent to distribute it. Jones had entered a guilty plea to the charges in February 2020.
According to United States Attorney David J. Freed, the charges arose from a September 26, 2018, arrest by the Harrisburg Bureau of Police of Jones. Dauphin County Probation and Parole Officers were dealing with another individual on supervision when they encountered Jones. During their interaction with him, they realized he had a gun in his pocket. They also knew that Jones was previously convicted of drug trafficking, because Jones had just completed parole three days earlier. Harrisburg Police responded and found that Jones was in possession of a stolen handgun. During the arrest, police also recovered two bags of crack cocaine.
Judge Wilson cited Jones’ long criminal history and the circumstances of the incident as aggravating factors for the sentence.
The case was investigated by the Federal Bureau of Investigation, the Harrisburg Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives. Assistant U.S. Attorney Michael Consiglio prosecuted the case.
This case is also 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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Wilkes-Barre Man Convicted of Methamphetamine Laboratory and False Statement OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Laury, age 41, formerly of Wilkes-Barre, Pennsylvania, was convicted following a jury trial, of methamphetamine and false statement offenses. The six-day trial was held before United States District Court Judge Malachy E. Mannion in Scranton.
According to United States Attorney David J. Freed, the jury returned the guilty verdict on all counts charged in the superseding indictment after approximately three hours of deliberation. Laury was convicted of one count of managing a drug premises, one count of conspiring to manufacture and distribute methamphetamine, and one count of making a false statement to the FBI.
The evidence presented at trial showed that in May and June 2017, Laury assisted two drug dealers in running a methamphetamine laboratory in the basement of Laury’s Wilkes-Barre residence. The FBI and Pennsylvania State Police shuttered the laboratory in June 2017, when executing a search warrant. Following the search, Laury made false statements to the FBI about his knowledge of and involvement with the laboratory.
Laury has remained in custody since his October 2017 arrest. He was charged with three coconspirators, all of whom pleaded guilty to various methamphetamine offenses:
- Mark Heath, of Wilkes-Barre, Pennsylvania, pleaded guilty to a methamphetamine conspiracy and awaits sentencing;
- Shawn Melleski, of Wilkes-Barre, Pennsylvania, pleaded guilty to a methamphetamine conspiracy and was sentenced to 46 months of imprisonment and three years of supervised release; and
- Amy Casey, of Wilkes-Barre, Pennsylvania, pleaded guilty to maintaining a drug premises and awaits sentencing.
The matter was investigated by the FBI, the Pennsylvania State Police, and the Wilkes-Barre Police Department. The case was prosecuted by Assistant United States Attorneys Phillip J. Caraballo and Jeffrey St John.
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.
The combined maximum penalty under federal law for Laury is up to 45 years of imprisonment. There is also 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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Scranton Doctor Indicted for Receiving Healthcare Kickbacks and Unlawfully Distributing Controlled Substances Resulting in Two DeathsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced the indictment yesterday of a Scranton doctor, Kurt Moran, age 68, on charges related to receiving healthcare kickbacks and unlawfully distributing controlled substances, including distributions resulting in death. Moran is scheduled to appear before United States Magistrate Judge Karoline Mehalchick at 3:00pm on September 16, 2020.
According to United States Attorney David J. Freed, the 423-count indictment alleges that beginning in December 2014 and continuing into 2017, Moran conspired with others to pay and receive bribes in exchange for prescribing the drug Subsys (sublingual fentanyl) to his patients. Subsys is a transmucosal immediate release fentanyl (TIRF) drug. It is approved by the Food and Drug Administration (FDA) only for use in cancer patients suffering from breakthrough cancer pain. It is alleged that Moran was paid approximately $140,000 over a two year period to prescribe Subsys to his patients for pain not associated with cancer. In order to conceal and disguise that kickbacks and bribes were being paid to Moran to prescribe Subsys, Insys falsely designated the payments to Moran as “honoraria” for purportedly providing educational presentations regarding Subsys.
Moran is also charged with multiple counts of unlawfully distributing Subsys to 13 patients and two counts of unlawfully prescribing Schedule II controlled substances, including oxycodone and fentanyl, which resulted in the death of a 35 year old man and a 32 year old woman.
The indictment alleges that Moran contracted with Insys Therapeutics, Inc. in 2014 to participate in the Insys Speaker Program (ISP), which was used as a vehicle to pay doctors and other clinicians to prescribe Subsys off-label. In fact, the ISP was used as a way to funnel money to doctors like Moran under the guise of an “honorarium” appearing to be legitimate. In reality, many of the speaker programs were merely social gatherings at high-end restaurants with no educational presentation whatsoever. Most also lacked an appropriate audience of peer-level doctors with a professional reason to be educated about Subsys. Moran allegedly was selected by Insys to participate in the sham speaker program because he consistently ranked as one of the top prescribers of opioid medications in Pennsylvania, including fentanyl. Moran allegedly was paid as an Insys speaker as long as he continued to prescribe Subsys and the more prescriptions written by Moran for Subsys – and the higher the dose – the more speaking opportunities were awarded to him and the more money he made. It is further alleged that Moran prescribed millions of micrograms of the sublingual fentanyl spray to patients with no cancer diagnosis and not suffering from breakthrough cancer pain. The indictment charges hundreds of counts of unlawful distribution of Subsys by Moran.
The indictment includes multiple counts of health care fraud related to the payment of claims by Medicare, FEHBP, and other private insurers who paid for the Subsys prescriptions. It is alleged that had these health care benefit programs known that Moran was prescribing Subsys in exchange for a kickback and outside the usual course of professional practice, the claims would not have been paid by the insurers.
The indictment seeks to forfeit to the United States any and all proceeds derived from unlawful activity as a result of the offenses alleged in the indictment, including U.S. currency and the forfeiture of Moran’s medical license as facilitating property.
United States Attorney Freed stated, “this defendant, an experienced and substantial dispenser of powerful pain medications, lined his own pockets to the detriment of his patients. He accepted bribes and kickbacks for prescribing medication narrowly approved to treat only cancer patients suffering breakthrough cancer pain. He then concealed and disguised the payments he received for prescribing that drug as compensation for providing educational presentations. In addition, but no less important, Moran improperly prescribed powerful schedule II controlled substances resulting in two deaths. While physicians are properly given great leeway under the law to treat their patients, we are compelled to intervene when their fraudulent and criminal actions cause harm to others. We are grateful for the thorough investigative work of our federal agency partners.”
“Dr. Moran was responsible for the criminal distribution of oxycodone and sublingual fentanyl, both of which are extremely powerful and dangerous prescription opioid painkillers. Moran’s unlawful prescribing ultimately resulted in the death of two people.” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Doctors have a legal and ethical obligation to prescribe these medications only for legitimate medical purposes and to do no harm to their patients. The kickbacks that Dr. Moran received for being one of the highest prescribers of sublingual fentanyl in Pennsylvania showed his utter disregard for these same obligations.”
“An important mission of the Office of Inspector General is to investigate allegations of fraud related to the U.S. Department of Labor’s (DOL) Office of Workers’ Compensation Programs (OWCP). We will continue to work with our law enforcement partners and OWCP to protect the integrity of DOL’s benefit programs,” said Derek Pickle, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office stated, “the U.S. Postal Service spends billions of dollars per year in workers compensation-related costs, most of which are legitimate. However, when medical providers choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact our special agents at www.uspsoig.govor 888-USPS-OIG.”
The charges stem from an investigation initiated in 2016 by the Drug Enforcement Administration (DEA) located in Scranton, the United States Postal Service – Office of Inspector General, Department of Labor – Office of Inspector General, U.S. Office of Personnel Management – Office of Inspector General (OPM/OIG) and the Pennsylvania Attorney General’s Office. Prosecution is assigned to Assistant United States Attorneys Michelle Olshefski and Michael Consiglio.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute for the unlawful distribution of controlled substances resulting in death is life imprisonment. The unlawful distribution of controlled substances charges carry a maximum term of 20 years’ imprisonment. The charges related to receiving health care kickbacks carry a maximum sentence of 10 years’ imprisonment. Each charge also carries a fine and a term of supervised release following any period of incarceration. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that two previously deported aliens were indicted separately on September 9, 2020, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including York, and Lackawanna.
According to United States Attorney David J. Freed, Saldivar Tapia was previously deported from the United States to Mexico in June 2013. He is alleged to have illegally reentered the United States sometime after June 2013 and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Marin Ortiz was previously deported from the United States to Mexico in October 2017. He is alleged to have illegally reentered the United States sometime after October 2017 and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne Sanderson is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New York Man Guilty of Aggravated Identity TheftRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Enrique Reyes, age 20, of Bronx, New York pleaded guilty to aggravated identity theft on September 8, 2020 before United States District Court Judge Sylvia H. Rambo.
According to United States Attorney David J. Freed, on January 4, 2020, in the borough of Steelton, Dauphin County, Pennsylvania, Reyes along with Josue Peguero, age 21, of Bronx, New York and Marlon Valoy De La Rosa, age 21, of Bronx, New York tampered with a U.S. Mail collection box using a rope with an object attached to it to “fish” into the mailbox’s opening. Reyes, De La Rosa, and Peguero also made several fraudulent ATM transactions using stolen checks and debit cards in other persons’ names that were obtained elsewhere. De La Rosa and Peguero were previously charged separately and are awaiting trial.
At the time of their arrest, Reyes, De La Rosa, and Peguero also were allegedly in possession of several debit cards in different names, a stolen license plate that is believed to have been used for mail fishing, and what appeared to be a “washed” check—a check from which the writing had been visibly removed.
The case was investigated by the United States Postal Inspection Service and the Steelton Borough Police Department. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Aggravated identity theft carries a mandatory two-year prison sentence. The charge may also carry a fine of up to $250,000 and a one-year term of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs.
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I.R.S. Enrolled Agent Indicted for Conspiracy to Defraud the I.R.S.Read the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Frank Kelly, age 63, of New Cumberland, Pennsylvania, was indicted on August 26, 2020, for conspiracy to defraud the Internal Revenue Service. Kelly appeared before United State Magistrate Judge Martin C. Carlson on September 4, 2020, and pled not guilty to the charge. Trial is scheduled for November 2, 2020, before United States District Court Judge Jennifer P. Wilson.
According to United States Attorney David J. Freed, Kelly was an enrolled agent with the I.R.S. which permitted him to represent clients who were being audited by the I.R.S. The indictment alleges that in 2014 Kelly conspired with a client to defraud the I.R.S. with respect to the client’s 2010, 2011, and 2012 tax returns which were under civil audit. Specifically, it is alleged that Kelly knowingly made false statements to the Revenue Agent who was conducting the audit that resulted in a lower amount of taxes being assessed against the client.
The case was investigated by the Criminal Investigation Division of the I.R.S. and is assigned to Assistant United States Attorney Kim Douglas Daniel for prosecution.
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 is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Inmate at United States Penitentiary at Canaan Pleads Guilty to Assaulting Another Inmate with A Dangerous WeaponRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Caraballo, age 37, formerly of Vermont, pleaded guilty on September 4, 2020, before U.S. District Court Judge Robert D. Mariani, to assault with a dangerous weapon and possession of contraband in prison.
According to United States Attorney David J. Freed, Caraballo, an inmate at USP Canaan, admitted to assaulting another inmate with a sharpened piece of metal commonly known as a “shank.” Caraballo also admitted to possessing the metal “shank,” which is contraband in a federal prison. The incident occurred in February 2017.
Judge Mariani ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara 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 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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Leader of Human Trafficking Ring Sentenced to 25 Years’ ImprisonmentRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 3, 2020, Miguel Scott Arnold, age 33, of Harrisburg, Pennsylvania, was sentenced to 25 years’ imprisonment by United States District Court Judge Sylvia H. Rambo, for his role as the leader of a human trafficking operation.
According to United States Attorney David J. Freed, Arnold was convicted on June 21, 2019, after a four-day jury trial. He was convicted of (1) conspiracy to commit sex trafficking by force, fraud, and coercion; (2) sex trafficking by force, fraud, and coercion; (3) conspiracy to possess with intent to distribute heroin and marijuana; and (4) possession with intent to distribute heroin. Arnold was part of a significant sex trafficking operation that exploited over 20 victims, including juveniles. Arnold and his co-conspirators coerced the sex trafficking victims though fraud, physical assault, the deprivation of heroin to addicted victims, and threats of violence.
Four co-defendants in the case previously pleaded guilty to engaging in sex trafficking by force, fraud, and coercion, participated in a conspiracy that began in Harrisburg in the fall of 2015, and continued until it was dismantled in August 2016. Arnold and the co-conspirators rented hotel rooms and posted “escort” advertisements and photographs on backpage.com, a website that the FBI has since seized and which is no longer operational. Arnold and his co-conspirators would frequently solicit women to engage in prostitution by lying to them about the services that they would be expected to perform. Arnold and his co-conspirators would also target victims who were vulnerable by virtue of their age, financial insecurity, or drug addiction. At least three victims of the conspiracy were minors, one as young as 14 years old. Arnold and the others would take the majority of the money made during the course of the prostitution business, and distributed drugs to the women, including heroin.
In addition to Arnold, four others from Harrisburg were charged in the indictment:
- Tevin Bynoe, age 27, pleaded guilty to sex trafficking by force, fraud, and coercion on September 20, 2018, and is awaiting sentencing;
- Terrence Hawkins, age 26, pleaded guilty to sex trafficking by force, fraud, and coercion on September 20, 2018, and is awaiting sentencing;
- Joshua Guity-Nunez, age 31, pleaded guilty to conspiracy to engage in sex trafficking by force, fraud, and coercion, and was sentenced to 15 years’ imprisonment on July 10, 2020; and
- Emonie Murphy, age 23, pleaded guilty to sex trafficking by force, fraud, and coercion on August 27, 2018, and was sentenced to six years’ imprisonment on September 3, 2020.
Arnold faced a mandatory sentence of 15 years in prison for his role as the leader of sex trafficking operation. Judge Rambo noted the seriousness of the criminal conduct as the compelling reason justifying the sentence.
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."
The FBI coordinated the investigation and was aided by law enforcement agencies in the Harrisburg area. Assistant U.S. Attorneys Michael A. Consiglio and Christian T. Haugsby prosecuted the case on behalf of the United States.
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Cresco Man Indicted for Online Child EnticementRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 1, 2020, Earnest Lee Pittman, Jr., age 45, of Cresco, Pennsylvania, was indicted by a federal grand jury on online child enticement charges.
According to United States Attorney David J. Freed, the indictment alleges that between August 4-12, 2020, Pittman used the internet, a computer and a cellular telephone in an attempt to entice an individual under the age of 18 to engage in sexual activities.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Kingston Municipal Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Oxford Veterinarian Pleads Guilty to Defrauding the U.S. Department of AgricultureRead the Press Release
HARRISBURG – The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Dr. Donald Yorlets, age 66, of New Oxford, Pennsylvania, pleaded guilty today before U.S. District Court Judge Jennifer P. Wilson to defrauding the U.S. Department of Agriculture between 2016 and 2019 by submitting false blood samples for bovine disease testing and by issuing false Certificates of Veterinary Inspection for the animals. Yorlets has been a Pennsylvania licensed veterinarian since 1981.
According to U.S. Attorney David J. Freed, federal law requires that each cow transported in interstate or international commerce be first tested for various bovine diseases, such as Bovine Tuberculosis, Brucellosis, Bovine Leucosis and Bovine Viral Diarrhea. Bovine Tuberculosis and Brucellosis are communicable diseases that can be transmitted to humans under certain circumstances. Bovine Tuberculosis is screened for by what is known as a Caudal Fold skin test. The test must be administered by a USDA accredited veterinarian and involves the injection of a tuberculin substance under the skin and checking it for a reaction 72 hours later. Testing for Brucellosis, Bovine Leucosis and Bovine Viral Diarrhea requires the drawing of blood and the submission of samples to an accredited laboratory for analysis.
Animals transported in international commerce can only be exported with an International Certificate of Veterinarian Inspection (ICVI). To lawfully issue an ICVI, a USDA accredited veterinarian must verify that each animal has been physically examined, tested for disease, vaccinated and medically treated as required by the USDA prior to shipment.
During the guilty plea hearing Yorlets admitted that he conspired with two unnamed exporters to avoid the disease testing requirements by falsely representing he tested every cow for Bovine Tuberculosis when, in fact, he did not. Yorlets also admitted he submitted hundreds of non-authentic, bovine blood samples to a PA Department of Agriculture testing laboratory in Harrisburg for testing and by issuing false Certificates of Veterinary Inspection for the untested animals. The false blood test results and Certificates enabled the sellers to quickly export hundreds of untested cows to Mexico, Canada, Qatar, and Puerto Rico.
The investigation began in 2017 when the Pennsylvania Veterinary Laboratory (PVL) in Harrisburg became suspicious that dozens of blood specimens submitted by Dr. Yorlets were not authentic. To confirm their suspicions the PVL sent 804 blood samples submitted by Dr. Yorlets to the USDA’s National Veterinary Services Laboratory (NVSL) in Iowa for Antibody Profile testing.
Each animal has a unique Antibody Profile in its blood. If all of the Yorlets’ blood specimens were genuine, Antibody Profile testing should have shown that all 804 blood samples had a unique Antibody Profile. However, the NVSL’s testing only found 70 unique Antibody Profiles in the 804 samples. The results confirmed that Dr. Yorlets’ repeatedly submitted the same blood samples for different animals and issued false Certificates of Veterinary Inspection for hundreds of cows that were never tested. This allowed the sellers to export the animals quickly and reduce expenses incurred in keeping the animals on domestic feeder lots.
Dr. Yorlets’ stipulated the loss sustained by the USDA for the out of pocket laboratory expenses was $38,005, and has agreed to make full restitution in that amount. No date has been scheduled for Yorlets’ sentencing pending preparation of a pre-sentence report.
The case was investigated by the USDA’s Office of Inspector General and the Department of Homeland Security. Assistant United States Attorney Kim Douglas Daniel is prosecuting the case.
The maximum penalty for this offense is five years imprisonment and a $250,000 fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines, and could include a term of supervisory 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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Galeton Man Sentenced to 20 Years’ Imprisonment for Distributing Fentanyl Resulting in Serious Bodily InjuryRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 27, 2020, David Piaquadio, age 63, of Galeton, Pennsylvania, was sentenced by U.S. District Court Judge Christopher C. Conner to 20 years’ imprisonment following his conviction for conspiracy to distribute Oxycodone, Fentanyl and Heroin, distribution of Oxycodone and Fentanyl, and attempted distribution of Oxycodone.
According to U.S. Attorney David J. Freed, on March 12, 2015, Piaquadio delivered Fentanyl to an individual who overdosed after using the drug. The overdose victim was found by his mother unconscious with a syringe stuck in his right arm in close proximity to a metal spoon containing Fentanyl residue that was distributed by Piaquadio.
Piaquadio admitted that he and his girlfriend, who is now deceased, sold between 100 to 120 Oxycodone tablets and one or two Fentanyl patches per month. On the morning of March 12, 2015, the day he delivered Fentanyl to the overdose victim, Piaquadio filled a prescription for 150 Oxycodone tablets and 10 Fentanyl patches.
The federal investigation was conducted by the Office of Inspector General, U.S. Department of Health and Human Services, the Pennsylvania State Police, with the assistance of the Galeton Borough Police Department and the Potter County District Attorney’s Office. Assistant United States Attorneys Geoffrey W. MacArthur and George J. Rocktashel 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 Opioids like Fentanyl and Oxycodone. Led by the United States Attorney’s Office, the Heroin Initiative targets Opioid 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.
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 20-year mandatory minimum sentence because the drug offense resulted in serious bodily injury, 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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Wilkes-Barre Man Sentenced to 211 Months’ Imprisonment for Firearms and Drug Trafficking OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 27, 2020, Truman Jones, age 45, of Wilkes-Barre, Pennsylvania, was sentenced to 211 months’ imprisonment and four years of supervised release by United States District Judge Malachy E. Mannion, for heroin and crack cocaine trafficking and firearms offenses.
According to U.S. Attorney David J. Freed, Jones was convicted by a jury of all counts charged in the indictment: one count of conspiring to distribute 100 grams and more of heroin and crack cocaine, seven counts of distributing and possessing with intent to distribute heroin, and one count of possessing firearms in furtherance of his drug trafficking activities.
The evidence presented at trial showed that between the summer of 2015 and February 2016, Jones worked with several other individuals to distribute hundreds of grams of heroin and crack cocaine, often mixed with other controlled substances, including fentanyl, tramadol, and cocaine, in the Wilkes-Barre area. During a search warrant executed at a drug house maintained by Jones and another member of his conspiracy, the United States seized three loaded firearms, approximately 90 grams of heroin, and over $4,600. As a felon, Jones was prohibited from possessing firearms.
At sentencing, Jones was held accountable for at least 400 grams of heroin, which is the equivalent of approximately 16,000 potentially fatal doses of heroin, and for maintaining a drug stash house used to store, package, and sell narcotics. In pronouncing the sentence, Judge Mannion also highlighted Jones’s role as the leader of his drug trafficking organization, extensive criminal history, and the presence of young children when he was caught packaging heroin during a search warrant execution.
As part of the sentence, Judge Mannion forfeited two firearms and ammunition seized from Jones, multiple electronics, and $4,642. Investigators recovered and forfeited other firearms and ammunition from other codefendants.
Jones is the last defendant to be sentenced in this investigation. Five other members of his drug ring previously were sentenced after pleading guilty:
- Davon Beckford, of Wilkes-Barre, Pennsylvania, was sentenced to time served of approximately 13 months’ imprisonment and three years of supervised release. After violating the terms of his supervised release, Beckford was sentenced to an additional 6 months’ imprisonment.
- Jaquan Henderson, of Wilkes-Barre, Pennsylvania, was sentenced to 96 months’ imprisonment and three years of supervised release.
- Stephanie Walter, of Sugar Notch, Pennsylvania, was sentenced to two years’ probation.
- Al Dunlap, of Wilkes-Barre, Pennsylvania, was sentenced to 108 months’ imprisonment and three years of supervised release.
- Na’Deardra Mayhams, of Wilkes-Barre, Pennsylvania, was sentenced to 66 months’ imprisonment and three years of supervised release.
The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Wilkes-Barre Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police. Assistant United States Attorneys Phillip J. Caraballo and Jenny Roberts 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 also is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
This case further 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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Scranton Man Sentenced to 41 Months’ Imprisonment for Conspiracy to Distribute Bath SaltsRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Peterson, age 36, of Scranton, Pennsylvania, was sentenced to 41 months’ imprisonment followed by three years on supervised release on August 25, 2020, by U.S. District Court Judge Malachy E. Mannion for participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”
According to United States Attorney David J. Freed, Peterson admitted to agreeing with others to distribute the drug to customers in the Luzerne County area during 2014 and 2015. The members of the conspiracy obtained the alpha-pvp from suppliers in China.
Peterson was one of seven people charged by a grand jury in August 2016. That indictment was the fourth wave of arrests connected to alpha-pvp distribution in Luzerne County. In all, 18 people have been charged in the case since July 2013, including the Texas-based suppliers of the bath salts. All of the defendants have entered guilty pleas in the case.
The investigation was conducted by Homeland Security Investigations, United States Postal Inspectors, the Drug Enforcement Administration, members of the Pennsylvania State Police, and local police from Luzerne County. Assistant United States Attorney Francis P. Sempa 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.
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Luzerne County Man Sentenced to Five Years’ Imprisonment for Receiving Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Barratt, age 40, of Sugarloaf Township, Pennsylvania, was sentenced to five years’ imprisonment on August 27, 2020, by U.S. District Court Judge Malachy E. Mannion for receiving child pornography.
According to United States Attorney David J. Freed, Barratt previously pleaded guilty to using his cell phone and computer to access images and videos of child pornography from websites on the internet. Barratt committed the offense between April 2018 and March 5, 2019, in Luzerne County.
Judge Mannion also ordered Barratt to serve five years on supervised release following his prison sentence. Barratt must also pay restitution in the amount of $3000 to each of nine victims identified in the images of child pornography that were seized from Barratt’s devices. Judge Mannion also ordered Barratt to undergo sex offender treatment and to comply with the Sex Offender Registration and Notification Act.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Luzerne County District Attorney’s Office. 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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Luzerne County Man Indicted on Drug and Firearm OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 11, 2020, Todd Houghtlin, age 50, of Duryea, Pennsylvania, was indicted by a federal grand jury for illegal possession of a firearm and fentanyl.
According to United States Attorney David J. Freed, the indictment alleges that on July 14, 2020, Houghtlin, who was a user of illegal drugs, was found in possession of fentanyl and a .380 caliber handgun loaded with four rounds of ammunition.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Luzerne County Drug Task Force and the Kingston Police Department, Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as 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.
The maximum penalty for the firearm offense is ten years’ 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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Five Individuals Indicted for Fentanyl and Heroin Trafficking ConspiracyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on Eric Hill, age 31, of Plymouth, Candacelee Ellis, age 34, of Plymouth, PA, Thomas Evanchik, age 40, of Kingston, PA, Casey VanGorder, age 25, of Wilkes-Barre, PA, and Casey Read, age 37, of Wilkes-Barre, PA, were indicted on August 11, 2020, by a federal grand jury for drug trafficking. The case was unsealed following the arrest of defendants.
According to United States Attorney David J. Freed, the indictment alleges that defendants conspired to distribute more than 400 grams of fentanyl and additional amounts of heroin in the Luzerne County area between January 2017 and the present.
The matter was investigated by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police. 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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under federal law, the drug trafficking offense carries a mandatory minimum sentence of ten years in prison, up to a maximum sentence of life 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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Pike County Man Charged with Production of Child PornographyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jerald Ungerer, age 33, of Milford, Pennsylvania, was indicted on August 25, 2020, by a federal grand jury and charged with multiple child exploitation crimes.
According to United States Attorney, David J. Freed, the indictment alleges that on January 16, and February 9, 2017, March 6, and 12, 2020, Ungerer produced multiple videos and images of minors engaged in sexually explicit conduct.
The charges stem from an investigation conducted by the Federal Bureau of Investigation, the Pennsylvania State Police and the Northeast Computer Crimes Task Force. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 60 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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Corrupt Judge’s Request for Resentencing DeniedRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 24, 2020, U.S. District Court Judge Christopher C. Conner upheld the 28-year sentence imposed in 2011 of the former President Judge of the Luzerne County Court of Common Pleas, Mark A. Ciavarella, age 70, for accepting millions in bribes and kickbacks from the owner of privately held juvenile detention facility.
According to U.S. Attorney David J. Freed, Ciavarella was convicted after an 11-day jury trial in February 2011 and in August 2011, the late U.S. District Court Judge Edwin M. Kosik sentenced Ciavarella to 28 years’ imprisonment. Yesterday’s decision upheld that sentence.
After his conviction was affirmed on appeal, Ciavarella claimed that his trial attorneys were ineffective because they should have argued to the jury that some of the crimes he was convicted for were barred by the statute of limitations. The case was reassigned to U.S. District Court Judge Christopher C. Conner to decide if Ciavarella’s attorneys were ineffective.
Judge Conner found Ciavarella’s attorneys were ineffective and vacated certain counts of conviction, including the charges of racketeering conspiracy and money laundering conspiracy. Ciavarella then claimed he was entitled to be resentenced on the remaining convictions.
Yesterday’s opinion by Judge Conner held that resentencing was not required and the original 28 year sentence would remain in place.
“This decision reinforces this office’s long standing commitment to bring justice to those victimized by these corrupt state judges,” said U.S. Attorney Freed. “They betrayed their community and deserve the substantial punishments they received.”
Ciavarella and his co-defendant, Michael Conahan, who also served as President Judge of the Court of Common Pleas of Luzerne County, were initially charged in January 2009. The charges were the result of a federal investigation of alleged corruption in the Luzerne County court system. The inquiry began in 2007 and expanded to include county government offices, state legislators, school districts and contractors in Northeastern Pennsylvania. Conahan pleaded guilty to racketeering conspiracy in April 2010 and is serving a 17-year sentence. Conahan was recently released from federal custody to home confinement due to the COVID-19 pandemic.
The judicial scandal, described as the worst in Pennsylvania's history, and the federal prosecutions have had major consequences: Ciavarella and Conahan resigned from the bench in 2009. The Supreme Court of Pennsylvania vacated thousands of juvenile convictions in Luzerne County as a result of Ciavarella's conduct as a Juvenile Court Judge. A State Interbranch Commission on Juvenile Justice recommended changes aimed at safeguarding the constitutional rights of juveniles and improving the oversight and disciplinary process for judges in Pennsylvania. In June 2011, a committee of the American Bar Association reviewed and made recommendations to improve procedures in the state's Judicial Conduct Board. A procedure was established in Luzerne County for compensation of victims of the activities of Ciavarella and Conahan.
Ciavarella is scheduled to be released from federal prison in 2035.
The case was investigated by the Internal Revenue Service, Criminal Investigation Division and the Federal Bureau of Investigation.
The post-trial litigation was handled by Assistant United States Attorneys Carlo Marchioli, William S. Houser and Michael A. Consiglio.
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Husband Pleads Guilty to Tax Evasion and Wife Pleads Guilty to Aiding and Assisting the Preparation and Filing of False Tax Returns with the IRSRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew Forney, age 41, of Camp Hill, Pennsylvania, pled guilty on August 21, 2020, to four counts of tax evasion. Kim Forney, age 47, of Windsor, Pennsylvania, pled guilty on August 17, 2020, to four counts of aiding in the preparation and filing of false tax returns.
According to United States Attorney David J. Freed, on September 23, 2018, police were called to the residence of Matthew and Kim Forney for reports of a shooting. Upon arrival, police discovered that their daughter’s boyfriend had shot both Matthew and Kim Forney. While securing the residence, officers observed bloody footprints leading through the house to an outside pool house. Inside the pool house, the police located a garbage bag, which contained a large amount of bundled United States currency. Police obtained and executed a search warrant. Inside a large gun safe located in the residence, police found additional amounts of bundled cash attached to daily receipts. The officers seized the cash and receipts.
The Forney’s daughter’s boyfriend was charged with two counts of aggravated assault in connection with the shooting, but charges were ultimately dismissed on June 19, 2019.
An investigation conducted by the Internal Revenue Service – Criminal Investigation determined that this currency was income that Matthew and Kim Forney earned through their business, but omitted 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.
The case was investigated by the Internal Revenue Service - Criminal Investigation (IRS-CI). Assistant U.S. Attorney Daryl Bloom is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is three years of imprisonment on each count, 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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Mechanicsburg Man Sentenced for Bank FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rene Roy, age 51, of Mechanicsburg, Pennsylvania, was sentenced on August 19, 2020, by Chief United States District Court Judge John Jones to one day in prison and two years of supervised release, for committing bank fraud related to fraudulent records he submitted to a credit union for auto loans.
According to United States Attorney David J. Freed, Roy submitted an application to a Belco Community Credit Union for an auto loan and submitted falsified documents to get a lower interest rate, causing a loss to the credit union.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
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Harrisburg Law Firm Pays $53,295 to Reimburse Medicare ProgramRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Angino Law Firm, P.C., has agreed to pay the United States $53,295 to resolve liability under the Medicare Secondary Payer Statue (MSPS).
Enacted in 1980, the Medicare Secondary Payer Statue requires insurers to make the primary payment for services rendered by Medicare beneficiaries, leaving the Medicare program to provide benefits as a secondary payer. Under the MSPS, Medicare may make conditional payments for a beneficiary’s care, then seek reimbursement from a primary source such as a primary insurance company. The MSPS permits Medicare to seek reimbursement directly from a primary insurance company or another person, such as the Medicare beneficiary or the beneficiary’s attorney, who received payment from the primary insurer but does not remit the payment to Medicare.
According to U.S. Attorney David J. Freed, the Angino Law Firm represented a Medicare beneficiary, “the client,” in a state medical malpractice claim against Bloomfield Pharmacy, Inc. and Bio-Medical Applications of Pennsylvania, Inc., alleging that the pharmacies had dispensed an incorrect drug to the client. In 2011, Medicare conditionally paid approximately $84,353 for the client’s medical care. The Angino Law Firm settled the state medical malpractice claim in 2014 and received payment on behalf of the pharmacies. Under the Medicare Secondary Payer Statute, the Angino Law Firm was required to repay $53,295 to the Medicare Program. Because the Angino Law Firm refused to repay the Medicare Program, the United States filed suit to recover the money owed to the Government in July 2017.
After extension litigation in the district court, the parties agreed to amicably resolve the matter. Under the terms of the settlement, the Angino Law Firm paid the United States $19,545.15 and Bio-Medical Applications of Pennsylvania paid the Government $33,750, which had been set aside in escrow from the state medical malpractice settlement. The settlement agreement is not an admission of liability by any of the parties, but it does result in the Medicare Program being reimbursed the funds it expended for the client’s treatment.
“Medicare benefits are a vital lifeline for thousands of citizens in the Middle District of Pennsylvania,” said U.S. Attorney Freed. “Our Affirmative Civil Enforcement Unit is focused on making sure that such funds are appropriately billed and spent, and recovered when the situation requires. The health of our Medicare beneficiaries is far too important for our office to stand on the sidelines.”
This matter was litigated by the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office and is assigned to Assistant U.S. Attorney D. Brian Simpson. The Office of General Counsel, U.S. Department of Health and Human Services, also assisted in this case. The case is docketed as U.S. v. Richard C. Angino.et al., Civ. No. 3:17-1193 (M.D. Pa.).
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Georgia Man Sentenced for Illegal Firearms PossessionRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 19, 2020, Jemel Xavier Williams, age 37, of Macon, Georgia, was sentenced to 92 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for being a previously convicted felon in possession of firearms.
According to United States Attorney David J. Freed, on February 15, 2017, in Franklin County, Williams was found to be in possession of a Glock 19, 9mm and a Glock 36, .45 caliber firearms as a previously convicted felon.
The case was investigated by the Pennsylvania State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney James T. 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. 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
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Maryland Woman Sentenced to Three Years of Probation for Making False Statements When Purchasing FirearmsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shanique Hall, age 29, of Mount Rainier, Maryland, was sentenced on August 18, 2020, by the U.S. District Court Judge Christopher C. Conner to three years of probation for making false statements when purchasing firearms.
According to United States Attorney David J. Freed, Hall previously pleaded guilty to falsely stating that she was a resident of Pennsylvania when she purchased multiple firearms in central Pennsylvania in 2018. Hall admitted that she provided this false information when, on four occasions, she purchased or attempted to purchase a total of eight firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
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Luzerne County Man Sentenced to 12 Years’ Imprisonment for Two Separate Drug Trafficking ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jesse Carey, age 33, formerly of Wilkes-Barre, Pennsylvania, was sentenced on August 12, 2020, by U.S. District Court Judge Malachy E. Mannion, to 12 years’ imprisonment for two separate drug trafficking crimes committed in Monroe and Luzerne Counties.
According to United States Attorney David J. Freed, Carey was indicted by a grand jury in 2017, after an incident on August 5, 2017, at the Mount Airy Casino in Monroe County, in which Carey was found in possession of approximately 47 grams of cocaine and 29 individual packets of heroin for further distribution, a scale, and $9,777 in U.S. Currency. Carey was also indicted for drug trafficking after a separate incident on January 12, 2017, in Plymouth Borough, Luzerne County, in which Carey was arrested and found in possession of 14 grams of cocaine and approximately 80 individual doses of heroin for further distribution, $2,086 in U.S. currency, scales and drug packaging materials. Carey committed these offenses while on probation for a previous offense he committed in Luzerne County.
The cases were investigated by the Federal Bureau of Investigation’s Safe Streets Task Force, the Pennsylvania State Police, the Pennsylvania Gaming Control Board, and the Plymouth Borough Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the cases.
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 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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Mobile X-Ray Company to Pay $49,759 to Settle False Claims LiabilityRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Physician’s Mobile X-Ray has agreed to pay the United States $49,759 to resolve potential liability under the False Claims Act. Physician’s Mobile X-Ray is based in Harrisburg, Pennsylvania and provides mobile imaging services, including x-rays, ultrasounds and cardiac services.
According to U.S. Attorney David J. Freed, Physician Mobile X-Ray improperly billed Medicare for the transportation component of X-Ray equipment when x-ray services were provided to more than one Medicare beneficiary at the same location during the same trip. While Medicare will reimburse providers for a transportation component associated with mobile imaging services, that transportation component should be apportioned when more than one patient at the same location receives an x-ray during the same visit. The United States alleged that Physician’s Mobile X-Ray failed to apportion its charges between 2014 and 2019, leading to overcharges to Medicare.
“Federal Medicare funds provide vital assistance to citizens in the Middle District of Pennsylvania and across the entire country every day,” said U.S. Attorney Freed. “A primary function of our ACE Unit is to ensure that providers are only reimbursed for authorized activities. When our monitoring function uncovered the issue in this matter, Physicians Mobile X-Ray cooperated in reaching a resolution that is fair to the taxpayers and the business alike.”
Physician’s Mobile X-Ray cooperated with the investigation and updated its internal review protocols to prevent similar overcharges in the future. The settlement agreement is not an admission of liability by the provider.
This matter was investigated by the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office and is assigned to Assistant U.S. Attorney D. Brian Simpson. The Office of Counsel to the Inspector General, U.S. Department of Health and Human Services, also assisted in this investigation.
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Dunmore Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 11, 2020, a federal grand jury indicted Robert Andrewsh, Jr., age 25, of Dunmore, Pennsylvania, with methamphetamine trafficking and firearms offenses.
According to United States Attorney David J. Freed, the indictment charges Andrewsh with conspiring to distribute over 50 grams of methamphetamine in November and December 2019, with distributing and possessing with intent to distribute methamphetamine on three different occasions, and with possessing a firearm in furtherance of his narcotics trafficking.
The matter was investigated by the Drug Enforcement Administration, the Scranton Police Department, and the City of Carbondale Police Department. Assistant United States Attorney Phillip J. Caraballo 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
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 penalties under federal law for the most serious drug offense are a minimum 10 years and maximum life of imprisonment, and for the firearms offense a minimum five years and maximum life of imprisonment, to run consecutive to any other sentenced imposed, and 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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Lebanon County Man Charged with Trafficking Counterfeit DrugsRead the Press Release
HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stefan Knoche, age 55, of Lebanon, Pennsylvania, was charged by Criminal Information with trafficking in counterfeit drugs.
According to United States Attorney David J. Freed, the information alleges that Knoche 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 23, 2017 and April 12, 2018. The information alleges Knoche knowingly trafficked counterfeit Viagra, Aurogra, Xanax, Levitra, Cialis, and Valium, all using counterfeit trademarks of their respective pharmaceutical companies.
The case was investigated by the U.S. Postal Inspection Service; U.S. Food and Drug Administration, Office of Criminal Investigations; and U.S. Department of Homeland Security, Homeland Security Investigations. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 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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Perry County Man Sentenced to More Than 24 Years’ Imprisonment for Production of Child PornographyRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 30, 2020, John Shover, age 58, of Duncannon, Pennsylvania, was sentenced by Senior U.S. District Court Judge Yvette Kane to 292 months’ imprisonment for using a minor to produce child pornography.
According to United States Attorney David J. Freed, Shover previously pleaded guilty to production of child pornography between January 2017 and March 2018. Judge Kane’s sentence includes a period of supervised release of 10 years following Shover’s jail term as well as a $5,000 assessment pursuant to the Justice of Victims of Trafficking Act.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police-Newport Station. Assistant U.S. Attorneys Chelsea B. Schinnour and James T. Clancy prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Four Individuals Indicted for Smuggling Contraband into Dauphin County PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 31, 2020, Danny Cruz, age 42 of Harrisburg, PA, Aida Rosado, age 60 of Harrisburg, and Lizarah Matthews, age 28 of York, PA, were indicted for their role in smuggling cellular telephones and contraband into Dauphin County Prison (DCP) in late 2015 and early 2016. At the time, Cruz was an inmate in the prison. Matthews was a paramour of another inmate in the prison.
Separately, Alice Martinez, age 41, of Chambersburg, was also indicted by a federal grand jury for her role in a conspiracy to smuggle cellular telephones and contraband into Dauphin County Prison in 2015. Her brother was an inmate in the prison facing federal charges.
According to United States Attorney David J. Freed, the indictments allege that Cruz and other inmates bribed corrections officers and staff to smuggle cellular telephones into the prison. They arranged for people outside of the prison to get the phones and pay the bribes to DCP staff. Lizarah Matthews was the girlfriend of an inmate in the prison. Aida Rosado is the mother of Cruz. Alice Martinez is the sister of an inmate at the prison. The bribe payments and smuggling were facilitated by transferring money through Western Union and MoneyGram.
The case was investigated by the Federal Bureau of Investigation with the assistance of Dauphin County Prison and the Dauphin County Criminal Investigation Division. Assistant U.S. Attorneys Michael Consiglio and Chelsea Schinnour are prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Correctional Officer Charged with Smuggling Cellphones into Dauphin County PrisonRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 31, 2020, Kyle Bower, age 31, of Harrisburg, Pennsylvania, was charged with smuggling contraband into Dauphin County Prison.
According to United States Attorney David J. Freed, the information alleges that Bower worked as a correctional officer in the Dauphin County Prison from September 2014 through May 2016. It is alleged that during his employment, he smuggled cellphones inside of the Dauphin County Prison at the behest of inmates between October 2015 and January 2016. The information also alleges that Bower received monetary compensation for providing phones to inmates.
The case was investigated by the Federal Bureau of Investigation and the Dauphin County Criminal Investigation Division in partnership with the Warden of the Dauphin County Prison. Assistant U.S. Attorneys Chelsea Schinnour and Michael Consiglio are prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Aramark Employee Charged with Smuggling Cellphones into Dauphin County PrisonRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 31, 2020, Kamilah Lewis, age 32, of Harrisburg, Pennsylvania, was charged in a criminal information with smuggling contraband into Dauphin County Prison.
According to United States Attorney David J. Freed, the information alleges that Lewis worked as a member of the kitchen staff in the Dauphin County Prison from May 2013 through September 2016. It is alleged that during her employment, she smuggled cellphones inside of the Dauphin County Prison at the behest of inmates between April and May 2015. The information also alleges that Lewis received monetary compensation for providing phones to inmates.
The case was investigated by the Federal Bureau of Investigation and the Dauphin County Criminal Investigation Division in partnership with the Warden of the Dauphin County Prison. Assistant U.S. Attorneys Michael Consiglio and Chelsea Schinnour are prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Rochester Man Indicted in Multi-Million Dollar Nationwide Ponzi SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that John Law, age 41, of Rochester, New York, was indicted on July 28, 2020, by a federal grand jury on fraud charges.
According to United States Attorney David J. Freed, the indictment alleges that Law conspired with Perry Santillo and others to defraud investors as part of a Ponzi scheme that netted over $115 million nationwide. Law is charged with conspiracy to commit mail fraud, wire fraud, and bank fraud, and with four counts of mail fraud.
Previously, Perry Santillo pled guilty to felony charges in Rochester and Scranton, and admitted to defrauding investors around the country as part of a Ponzi scheme that included victims in the Middle District of Pennsylvania. Santillo admitted as part of his plea that the scheme took in approximately $115 million in fraudulent investments, and resulted in a total loss to investors of $70.7 million.
Perry Santillo was a founder, member, manager, and CEO of First Nationle Solution, LLC. Law joined Santillo in offering and selling securities in First Nationle, Boyles America, and other issuers to investors. Law also provided investment advice to those same investors.
In fact, First Nationle, Boyles America, and other issuers did not conduct their purported businesses. Rather, Santillo and others working with him operated each business primarily as a Ponzi scheme by issuing securities in the form of promissory notes, soliciting and then misappropriating substantial amounts of investor funds, and using some remaining investor funds to pay off redeeming investors.
As part of the scheme, Santillo and others travelled the country and bought books of business from investment professionals such as registered representatives and investment advisors.
In the Middle District of Pennsylvania, Santillo, Law and those who aided and abetted them purchased a book of business from an investment advisor and conducted their fraud scheme under the guise of an “investment business” located in Scotrun, Monroe County, using various business names, including Advice and Life Group, Poconos Investments, First American Securities, and Financial Planners Group of America.
Santillo and Law, with the help of others, then solicited investors from within those acquired books of business to withdraw money from traditional investments such as annuities, and reinvest the funds in issuers controlled by Santillo and others, including First Nationle, Percipience, and United RL, sometimes without disclosing that Santillo and his confederates controlled those issuers.
Through offering documents, company websites, and in-person pitches, Santillo and his confederates, including Law, falsely indicated that investments would be used to fund legitimate businesses. However, rather than use investors’ funds for purported legitimate business purposes, Santillo and his confederates misappropriated vast amounts of the funds for their personal use and used some of the funds to pay redeeming investors to perpetuate the Ponzi scheme. Santillo, Law, and their associates also misrepresented the ongoing performance – or lack thereof – of investors’ investments. Santillo, Law, and others provided account statements to investors falsely stating that investor funds were invested, falsely stating investment returns, and in some cases falsely stating that a bonus had been credited to investor accounts. In certain instances, Santillo and others provided investors with bonus funds or interest payments, and in other cases Santillo and others provided redeeming investors with all or part of their funds, at times with returns. These were Ponzi payments derived from new investor funds rather than actual investment returns. In other cases, Santillo and others failed to fulfill the requests of investors to redeem their investments.
Among the victim investors defrauded in the Middle District of Pennsylvania was an individual with the initials “JP.” Victim JP first invested $159,000 in First Nationle in September 2015, and invested another $380,000 in June 2016. In 2017, JP also invested twice in United RL, the first an investment of $20,000 and the second $52,000. Santillo and confederates also induced JP to invest $325,000 in a third fraudulent issuer. JP was repaid only $15,000, and was defrauded of the remainder of the $936,000 total investment. The specific charge in the information to which Santillo pled guilty related to a mailing sent in relation to the fraudulent investments JP was sold by Santillo and his confederates.
The case was investigated by the U.S. Federal Bureau of Investigations; the Securities and Exchange Commission; United States Postal Inspection Service; the Internal Revenue Service, Criminal Investigation Division; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud; the New York State Department of Financial Services; and the Harrisburg Police Department, and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni in Scranton, and Assistant United States Attorney John Field in Rochester.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pine Grove Man Sentenced to 97 Months’ Imprisonment on Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brett Lamar Heinbach, age 38, of Pine Grove, Pennsylvania, was sentenced on July 27, 2020, to 97 months’ imprisonment followed by four years supervised release by United States District Court Judge Robert D. Mariani, for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.
According to United States Attorney David J. Freed, between March 8, 2016 and April 9, 2016, Heinbach conspired with other individuals to distribute methamphetamine throughout Schuylkill County. During the conspiracy, Heinbach possessed multiple firearms, one of which had an obliterated serial number.
The case was investigated by the Pennsylvania State Police, Schuylkill County District Attorney’s Office and Homeland Security and was prosecuted by Assistant U.S. Attorney Jenny P. Roberts.
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 also is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
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Pennsylvania and Rhode Island Men Charged with Fraud and Identity Theft Offenses in Automobile Warranty SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian Larry, age 56, of Clark’s Summit, Pennsylvania, and Jason Pannone, age 39, of North Providence, Rhode Island, were indicted on July 28, 2020, by a federal grand jury on fraud and identity theft offenses.
According to United States Attorney David J. Freed, the indictment alleges that Larry and Pannone, along with other co-conspirators conspired to defraud a Wilkes-Barre based automobile warranty company from approximately January 2014 through October 2018. The conspirators are alleged to have 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 to obtain payment for the nonexistent repairs, with the conspirators splitting the warranty company’s payments between themselves. Larry is alleged to have been a claims adjuster at the warranty company who approved of the fraudulent claims in exchange for kickbacks. Pannone is alleged to have been the owner or employee of three of the garages that submitted fraudulent claims.
Over the course of the conspiracy, the conspirators allegedly obtained in excess of $400,000 in fraudulent proceeds. In addition to the conspiracy charge, Larry and Pannone also are charged with several counts of wire fraud and aggravated identity theft. Larry further is charged with mail fraud and with providing false statements to federal agents during the course of the investigation.
Separately, the United States Attorney’s Office unsealed charges against two other alleged co-conspirators. Herman Cabral, age 61, of Cranston, Rhode Island, was charged in an information with conspiring to commit wire fraud. Cabral allegedly processed false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile repair shop, A Plus Collision Center LLC. 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.
Matthew Gershkoff, age 63, of North Providence, Rhode Island, was charged in an information with conspiring to commit wire fraud, and with aggravated identity theft. Gershkoff allegedly prepared and forged false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts. Gershkoff pleaded guilty to the charges 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.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Phillip J. Caraballo 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 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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Former Prison Guard Indicted for Trying to Smuggle Contraband into Dauphin County PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Dauphin County Prison guard, Addie Isaac Reid, age 24, of Harrisburg, PA, was indicted on July 2, 2020, for bribery related to trying to smuggle a cellular telephone into Dauphin County Prison for inmates. At the time, Reid was a prison guard at the facility. The case was unsealed following Reid’s initial appearance before United States District Court Judge Sylvia H. Rambo.
According to United States Attorney David J. Freed, the indictment alleges that between August and September 2019, Reid used a cellular telephone to arrange for a meeting where he could receive a bribe. Reid then met with an undercover officer where he accepted a bribe to smuggle a cellular telephone into Dauphin County Prison.
The case was investigated by the Federal Bureau of Investigation with the assistance of Dauphin County Prison and the Dauphin County Criminal Investigation Division. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Bedford Massachusetts Man Sentenced to 25 Years’ Imprisonment on Child Pornography ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jason Monast, age 37, of New Bedford, Massachusetts, was sentenced on July 28, 2020, to 25 years’ imprisonment followed by 10 years on supervised release by United States District Court Judge Malachy E. Mannion, for online enticement of a minor and penalties for registered sex offenders.
According to United States Attorney David J. Freed, between March 1, 2019 and April 11, 2019, as a registered sex offender, Monast used the internet to entice a minor to engage in sexual activity.
The case was investigated by the Federal Bureau of Investigation and the Covington Township Police Department. Assistant U.S. Attorney Jenny P. Roberts prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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York County Man Sentenced to 30 Months’ Imprisonment for Conspiring to Steal Thousands of Dollars’ Worth of Postage StampsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Steven Williams, age 48, of York, Pennsylvania, was sentenced on July 28, 2020, to 30 months’ imprisonment followed by three years of supervised release, by Chief District Court Judge John E. Jones, III, for stealing government property and conspiring to commit that offense.
According to United States Attorney David J. Freed, Williams previously pleaded guilty to conspiring with other individuals to purchase thousands of dollars’ worth of postage stamps from post offices in the Middle District of Pennsylvania and elsewhere. Williams admitted that to purchase the stamps, he used personal checks, knowing that the funds in his bank account were insufficient to cover the cost of the stamps. As part of his plea agreement, Williams agreed to pay restitution to the U.S. Postal Service in the amount of $105,875.
The case was investigated by the United States Postal Inspection Service and the Northeastern Regional Police Department. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
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Schuylkill County Man Sentenced to 30 Months’ Imprisonment for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Carlos Correa, age 32, of Shenandoah, Pennsylvania, was sentenced on July 23, 2020, by U.S. District Court Judge Robert D. Mariani to 30 months’ imprisonment for his participation in a heroin trafficking conspiracy in Schuylkill and Luzerne Counties.
According to United States Attorney David J. Freed, Correa previously pleaded guilty to conspiracy to distribute more than 100 grams of heroin, which is equivalent to more than 4,000 retail bags of heroin. The drug conspiracy operated in the Shenandoah area of Schuylkill County and the Hazleton area of Luzerne County during 2012 through 2015.
The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Shenandoah Police. Assistant U.S. Attorneys Francis P. Sempa 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 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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Luzerne County Women Sentenced for Fentanyl Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 24, 2020, Chyvonne Traver, age 28, and Kayla Clark, age 29, both of Swoyersville, Pennsylvania, were sentenced by United States District Court Judge Robert D. Mariani, for fentanyl trafficking and firearms offenses. Judge Mariani sentenced Traver to 36 months’ imprisonment and a four-year term of supervised release, and sentenced Clark to 60 months’ imprisonment and a four-year term of supervised release.
According to United States Attorney David J. Freed, Traver and Clark were convicted of conspiring to distribute between 100 and 300 grams of a fentanyl mixed with acetyl fentanyl, which is equivalent to approximately 50,000 to 150,000 potentially lethal individual doses of fentanyl, in June and July 2018. Traver also was convicted of possessing a firearm as a convicted felon, and Clark also was convicted of possessing a stolen firearm. Judge Mariani ordered the forfeiture of the firearm seized during the investigation.
A codefendant, Jhaquil Moore, previously was convicted of conspiring to distribute fentanyl, and was sentenced to 60 months’ imprisonment and a four-year term of supervised release. Another individual, Corey Foster, was charged in a separate indictment with trafficking fentanyl.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne Country Drug Task Force, and the Kingston Police Department. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
This case further 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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Former Cemetery Owner Sentenced for Defrauding CustomersRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Arminda Martin, age 49, formerly of York County, Pennsylvania, was sentenced on July 28, 2020, to 12 months’ and one day imprisonment to be followed by two years of supervised release, by Chief District Court Judge John E. Jones, III, for conspiring to commit mail fraud. The sentence represents a downward adjustment of approximately 32 months to account for prison time that Martin has served for a related fraud scheme in Ohio.
According to United States Attorney David J. Freed, Martin, along with her husband, Theodore Martin, owned and operated Suburban Memorial Gardens Cemetery in Dover, Pennsylvania. The Martins previously pleaded guilty to conspiring to defraud hundreds of their customers out of approximately $500,000. The Martins admitted that instead of applying customer payments to cemetery services and products, they embezzled the money for their own personal gain, including for gambling.
Theodore Martin was sentenced earlier this year to 13 months’ imprisonment.
The case was investigated by the United States Department of Veterans Affairs Office of Inspector General, the Federal Bureau of Investigation, and the Northern York County Regional Police Department. Assistant U.S. Attorneys Carlo D. Marchioli and Joseph J. Terz prosecuted the case.
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U.S. Attorney David J. Freed Recognizes the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
Harrisburg - U.S. Attorney David J. Freed recognizes the 30th anniversary of the passage of the Americans with Disabilities Act of 1990 (ADA), which was signed into law by President George H.W. Bush on July 26, 1990. At the signing ceremony, President Bush stated the ADA “signals the end to the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life.”
Thirty years later, the ADA is a transformative law that prohibits discrimination on the basis of disability in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation (Title III), in all activities of state and local governments (Title II), and in employment (Title I). The ADA empowers the Department of Justice to investigate, litigate, and resolve complaints of discrimination as well as authorizing the Government to conduct compliance reviews of covered entities.
According to United States Attorney David J. Freed, because of measures taken to enforce the ADA, the United States Attorney’s Office has worked with the Commonwealth and local governments, as well as area business to ensure compliance with the antidiscrimination provisions of the ADA. In particular, this Office has taken a leading role in the United States to ensure individuals with disabilities can exercise their right to vote in person at polling places in the Middle District of Pennsylvania.
"We remain committed to eliminating segregation and exclusion of persons with disabilities from the mainstream of American life," said US Attorney Freed. "This Office will continue to investigate and enforce the ADA to ensure that those with disabilities are free from barriers to vote, to attend school, to visit a place of public accommodation, and to participate in the democratic process at state and local government buildings.”
For more information about the ADA, please visit www.ADA.gov. Anyone who has experienced discrimination in violation of the ADA, should contact 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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U.S. Attorney David J. Freed Recognizes the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
Harrisburg - U.S. Attorney David J. Freed recognizes the 30th anniversary of the passage of the Americans with Disabilities Act of 1990 (ADA), which was signed into law by President George H.W. Bush on July 26, 1990. At the signing ceremony, President Bush stated the ADA “signals the end to the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life.”
Thirty years later, the ADA is a transformative law that prohibits discrimination on the basis of disability in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation (Title III), in all activities of state and local governments (Title II), and in employment (Title I). The ADA empowers the Department of Justice to investigate, litigate, and resolve complaints of discrimination as well as authorizing the Government to conduct compliance reviews of covered entities.
According to United States Attorney David J. Freed, because of measures taken to enforce the ADA, the United States Attorney’s Office has worked with the Commonwealth and local governments, as well as area business to ensure compliance with the antidiscrimination provisions of the ADA. In particular, this Office has taken a leading role in the United States to ensure individuals with disabilities can exercise their right to vote in person at polling places in the Middle District of Pennsylvania.
"We remain committed to eliminating segregation and exclusion of persons with disabilities from the mainstream of American life," said US Attorney Freed. "This Office will continue to investigate and enforce the ADA to ensure that those with disabilities are free from barriers to vote, to attend school, to visit a place of public accommodation, and to participate in the democratic process at state and local government buildings.”
For more information about the ADA, please visit www.ADA.gov. Anyone who has experienced discrimination in violation of the ADA, should contact 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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Former Ashley Borough Police Officer Sentenced to 15 Years’ Imprisonment for Sexually Assaulting Two WomenRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Ashley Borough Police Officer, Mark Icker, age 30, was sentenced on July 24, 2020, by U.S. District Court Judge Malachy E. Mannion to 15 years’ imprisonment for violating the civil rights of two females in custody whom he sexually assaulted.
According U.S. Attorney David J. Freed, Icker worked as a police officer for the Ashley Borough Police Department in December 2018. On December 3, 2018 and December 10, 2018, Icker, while acting under color of the laws of the Commonwealth of Pennsylvania, willfully deprived two women of their liberty without due process of law, which includes the right to bodily integrity, by coercing the women into engaging in unwanted sexual contact with him.
“The lengthy sentence imposed in this case sends some very important messages,” said U.S. Attorney Freed. “First, that we will not stand for criminal behavior by predators hiding behind a badge. Second, that law enforcement at all levels in the Middle District Of Pennsylvania remains unified in our mission to protect our citizens no matter who the perpetrator is. Finally, and most important, that when brave survivors stand up to make their voices heard, we will pursue justice for them with whatever it takes. The outstanding work of the investigators in this case and the courage and grace of the victims cannot be overstated.”
“It is hard to comprehend why Mark Icker felt entitled to treat women this way,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “In violating his victims’ bodies, he violated their civil rights. He betrayed not just his sworn oath, but his community and colleagues. We in law enforcement are granted significant authority in order to do our jobs and Icker misused those powers for his own sick gratification. We’re now gratified to see him held accountable.”
“No one is above the law least of all those trusted few who are depended upon to enforce it without fear or favor,” said District Attorney Stefanie Salavantis. “Our office will not hesitate to prosecute an officer who breaches this sacred trust, violates the law, and uses his badge as a tool to prey upon defenseless citizens particularly women. I want to thank U.S. Attorney David Freed and Assistant U.S. Attorney Michelle Olshefski for their assistance in this case and helping to bring justice to Icker’s victims. While we cannot condemn all law enforcement for the actions of any individual, we also will not ignore misconduct within law enforcement ranks. We know that hundreds of Luzerne County police officers go out every day and protect us under the most intense scrutiny. Hopefully, this step makes it clear once again that crime victims and police officers can expect fair and impartial justice from this Office no matter the cost. The world is a safer place with Icker off the streets and behind bars. His criminal conduct does not cast a pall on the men and women who put their lives on the line every day to protect us.”
Judge Mannion also ordered Icker to comply with the Sexual Offender and Registration Notification Act (SORNA), a national system for the registration of sex offenders.
Icker was terminated from his position with the Ashley Borough P.D. in December 2018. Icker was also terminated from part-time positions he held with the Sugar Notch and Jessup Police Departments.
This case was investigated by the Scranton Office of the FBI - Philadelphia Division, and Detectives from the Luzerne County District Attorney’s Office. Prosecution was assigned to Assistant United States Attorneys Michelle Olshefski and Jeffery St. John of the Middle District of Pennsylvania and Trial Attorney Shan Patel of the Civil Rights Division of the U.S. Department of Justice.
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Harrisburg Man Indicted for EscapeRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Terrell Ike Luster, age 31, of Harrisburg, Pennsylvania, was indicted by a federal grand jury on July 22, 2020, for escape. Luster was taken into custody without incident on July 23, 2020.
According to United States Attorney David J. Freed, the indictment alleges that on July 7, 2020, Luster failed to return to the Capital Pavilion Residential Reentry Center where he was confined for his conviction by the United States District Court for the Middle District of Pennsylvania for unlawful possession of a firearm by a felon, possession of firearm during commission of federal drug charge, and possession with intent to distribute crack cocaine.
The case was investigated by the United States Marshal Services for the Middle District of Pennsylvania. Assistant U.S. Attorney Jaime Keating is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 5 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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Luzerne County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Marchese, age 28, of Swoyersville, Pennsylvania, was indicted on July 21, 2020, by a federal grand jury for drug trafficking and firearms offenses.
According to United States Attorney David J. Freed, the indictment alleges that between April and May 2020 within the Middle District of Pennsylvania, Marchese conspired to distribute in excess of 50 grams of methamphetamine, distributed methamphetamine, and was in possession of a Ruger LCP .380 handgun and ammunition as a convicted felon.
The investigation was conducted by the Luzerne County Drug Task Force, the Kingston Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF). 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, the drug trafficking offense carries a mandatory minimum sentence of five years in prison, up to a maximum sentence of forty years in prison, a term of supervised release following imprisonment, and a fine. The charge of felon in possession of a firearm carries a maximum sentence of ten years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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