Middle District of Pennsylvania

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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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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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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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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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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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:

1. 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.
2. Jaquan Henderson, of Wilkes-Barre, Pennsylvania, was sentenced to 96 months’ imprisonment and three years of supervised release.
3. Stephanie Walter, of Sugar Notch, Pennsylvania, was sentenced to two years’ probation.
4. Al Dunlap, of Wilkes-Barre, Pennsylvania, was sentenced to 108 months’ imprisonment and three years of supervised release.
5. 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—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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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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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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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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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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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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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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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 - 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.).   

# # #

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.

# # #

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.

# # #

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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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.   

# # #

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.

# # #

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.

# # #

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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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.

# # #

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.

# # #

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.

# # #

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.

# # #

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.

# # #

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.

# # #

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.

# # #

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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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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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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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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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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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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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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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 – 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.

# # #

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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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Delvin Hutchinson, age 28, of Stroudsburg, Pennsylvania, was indicted on June 23, 2020, by a federal grand jury with making false statements in connection with the purchase of three firearms from federally licensed firearms dealers. The indictment was unsealed following Hutchinson’s recent arrest.

According to United States Attorney David J. Freed, Hutchinson is charged with providing false information regarding the purchase of three firearms from Dunkelberger’s Sports Outfitter, in Stroudsburg, on March 27, 2019 and March 28, 2019. 

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, and the Pocono Mountain Regional Police Department.  Assistant U.S. 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 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 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 these offenses is ten 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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that former Militia Commander, Paul Nicholas, III, age 49, of Harrisburg, Pennsylvania, was sentenced to eight months’ imprisonment followed by three years of supervised release on July 21, 2020, for firearms offenses. 

According to U.S. Attorney David. J. Freed, on February 3, 2018, Nicholas, a previously convicted felon, unlawfully possessed two AR-15 style rifles and a .45 caliber pistol in Enola, plus a Winchester .30 -.30 caliber rifle at his Harrisburg residence.  At the time of his arrest, Nicholas was the commanding officer of the 41st Battalion of the Light Foot Militia in Central Pennsylvania.

Nicholas plead guilty to the charge in August 2018.  Thereafter, Nicholas’ sentencing was placed on hold while an appeal in another similar unlawful firearms possession case was decided by the U.S. Court of Appeals for the Third Circuit. That appeal was resolved in January 2020.

Judge Rambo ordered Nicholas to begin serving his sentence on August 17, 2020.

The case was investigated by the Harrisburg Office of the FBI and was prosecuted by Assistant US Attorney Kim Douglas Daniel.

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.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Brownlee, age 42, of Long Pond, Pennsylvania, pleaded guilty on July 16, 2020, before U.S. District Court Judge Malachy E. Mannion, to possessing child pornography

According to United States Attorney David J. Freed, Brownlee admitted that he used a laptop computer to possess and access images of child pornography. Between August 2017 and April 10, 2018, in Monroe County. Brownlee possessed the child pornography while serving a term of supervised release for a previous conviction for receipt and distribution of child pornography.

Judge Mannion ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.

The case was investigated by the Federal Bureau of Investigation and the U.S. Probation Office. Assistant United States Attorney Francis P. Sempa 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."

The maximum penalty under federal law for the offenses is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 10 years’ imprisonment because of Brownlee’s prior conviction for a child pornography crime. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that James R. Bell, age 28, of Newark, New Jersey, was indicted on July 14, 2020, by a federal grand jury with drug distribution resulting in death.

According to United States Attorney David J. Freed, the Indictment alleges that Bell conspired with others to knowingly and intentionally distribute and possess with intent to distribute controlled substances, fentanyl and heroin, within the Middle District of Pennsylvania, resulting in the death of a person. 

The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, the Monroe County District Attorney’s Office, and the Pennsylvania State Police.  Assistant United States Attorney Michelle Olshefski is prosecuting the case.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

This case is 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.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.  In this case, the maximum penalty under the federal statute for drug distribution resulting in death is life imprisonment.

Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nascent Devices, Inc. (Nascent) has agreed to pay the United States $70,000 to resolve potential liability under the False Claims Act.

According to U.S. Attorney David J. Freed, the investigation arose from Nascent’s conduct with respect to a Small Business Technology Transfer (STTR) award received from the National Science Foundation.  It is alleged that Nascent improperly charged unallowable and unallocable costs toward the award, applied a significantly higher overhead rate to account for underspending, and provided false certifications on its final report cover page in 2015.

“Potential false claims under grant programs such as the Small Business Technology Transfer program from the National Science Foundation, impact citizens and potential grant recipients alike,” said U.S. Attorney Freed.  “It is vital that we hold grantees accountable.  Our ACE Unit works closely together with a variety of federal agencies to ensure compliance and responsible stewardship of federal funds.”

“The National Science Foundation is a strong supporter of the Small Business Technology Transfer program,” said Allison Lerner, National Science Foundation Inspector General. “However, the Foundation expects grant recipients to abide by the award terms and conditions, including the federal cost principles. Expenses charged to grants must be allowable, allocable and reasonable.  Similarly, awardees cannot significantly underspend awards and keep the surplus funds without consequence. I commend the U.S. Attorney’s Office for their work on upholding federal grant rules in this case.”

This Settlement Agreement is neither an admission of liability by Nascent nor a concession by the United States that its claims are not well founded.

This case was investigated by the NSF Office of Inspector General.   The investigation was handled by Assistant United States Attorney, Tamara J. Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Philip Finn, Jr., age 50, of Plains, Pennsylvania, was sentenced on July 9, 2020 to 10 years’ imprisonment followed by three years supervised release by United States District Court Judge Malachy E. Mannion, for use of fire to commit stalking.

According to United States Attorney David J. Freed, on March 6, 2017, Finn threw three Molotov cocktails to set fire to the Luzerne County Children and Youth Building to harass and intimidate two Children and Youth Employees.  Finn also used Facebook, Google and his cell phone in harassing the employees.

Judge Mannion also ordered Finn to pay $398,756 in restitution for the fire and water damage to the building.

The case was investigated by the Federal Bureau of Investigation (FBI), the Wilkes-Barre City Police Department and the Luzerne County District Attorney’s Office.  Assistant U.S. Attorney Jenny P. Roberts prosecuted the case.

# # #

HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Jared Bishop Heisey, age 30, of Etters, Pennsylvania, was indicted on July 1, 2020, for abusive sexual contact without consent and simple assault. 

According to United States Attorney David J. Freed, the indictment alleges that Heisey, former supervisor at the Distribution Defense Logistics Agency on Naval Services Activity in Mechanicsburg, engaged in unwanted sexual contact in July, August, and November 2019, of an employee of the United States Government while she was engaged in the performance of her official duties.

The case was investigated by Naval Criminal Investigative Services and is being prosecuted by Assistant U.S. Attorney Jaime Keating.

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 each Sexual Abuse charge is two years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law the Simple Assault charge is one year of 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

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Laquanna Bacote, age 25, of Wilkes-Barre, Pennsylvania, pleaded guilty on July 7, 2020, before U.S. District Court Judge Malachy E. Mannion to conspiring with others to make false statements in connection with the acquisition of firearms from federal-licensed firearm dealers in Luzerne and Northampton Counties between April and October of 2019.

According to United States Attorney David J. Freed, Bacote admitted to conspiring with others to purchase 14 guns for another person while falsely claiming to be the actual purchaser of the firearms. Bacote made false statements on federal firearms forms to purchase firearms and unlawfully obtain firearms from H & H Tactical in Exeter, Pennsylvania and NJT Arms in Northampton, Pennsylvania. 

Judge Mannion ordered a pre-sentence investigation. Sentencing will be scheduled at a later date.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Francis P. Sempa 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.

The maximum penalty under federal law is five 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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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Na’Deardra Mayhams, age 28, of Wilkes-Barre, Pennsylvania, was sentenced on July 7, 2020 to 66 months’ imprisonment and three years of supervised release by United States District Court Judge Malachy E. Mannion, for heroin and crack cocaine trafficking and firearms offenses.

According to United States Attorney David J. Freed, between February 2016 and May 2016, Mayhams was a member of a drug ring that distributed heroin and crack cocaine in the Wilkes-Barre area.  Mayhams personally sold narcotics to a confidential informant, and a search of her residence recovered heroin, crack cocaine, and a firearm.  A search warrant of the residence of Mayhams’s codefendants recovered a second firearm registered in her name.  Mayhams pleaded guilty to trafficking five grams of crack cocaine and 40 grams of heroin, the latter of which is the equivalent of approximately 1,600 potentially fatal doses of heroin, and for possessing firearms in furtherance of her drug dealing activities.

Four other members of the drug ring previously were sentenced:

• Davon Beckford, of Wilkes-Barre, was sentenced to time served of approximately 13 months of 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, was sentenced to 96 months’ imprisonment and three years of supervised release.
• Stephanie Walter, of Sugar Notch, Pennsylvania, was sentenced to two years of probation.
• Al Dunlap, of Wilkes-Barre, was sentenced to 108 months’ imprisonment and three years of supervised release.

A sixth defendant, Truman Jones, was convicted at trial in December 2019 and awaits sentencing.

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 - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kearon Brinson, age 40, of West Nanticoke, Pennsylvania, and Lamont Hubbard, age 49, of Plymouth, Pennsylvania, were indicted on June 30, 2020, by a federal grand jury on drug trafficking and ammunition charges.

According to United States Attorney David J. Freed, the indictment alleges that Brinson and Hubbard conspired to traffic in excess of 40 grams of fentanyl between January 2019 and February 2020 in Luzerne County.  Brinson was charged with possessing with the intent to distribute crack cocaine, and Hubbard with possessing with the intent to distribute fentanyl, both on February 24, 2020.  Hubbard also was charged with possessing ammunition as a convicted felon.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne Country Drug Task Force, and the Kingston Police Department.  Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.

This case is 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.

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.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for the most serious drug offense is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for the ammunition 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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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Vincent Ingino, age 28, of Stroudsburg, Pennsylvania was sentenced on July 1, 2020, to 300 months’ imprisonment followed by three-years supervised release by U.S. District Court Judge Malachy E. Mannion for distributions of controlled substances resulting in two deaths.

According to United States Attorney David J. Freed, Ingino was convicted by a jury in February 2020 on two counts of knowingly and intentionally distributing controlled substances that included a mixture of fentanyl and heroin, causing the deaths of two individuals.  In August 2018, Ingino drove to Patterson, New Jersey to obtain bundles of heroin for resale in the Stroudsburg area. Ingino first sold fentanyl laced heroin to a 24-year-old male on August 10, 2018; he made another sale of fentanyl laced heroin to a 28-year-old male on August 11, 2018.  Both men were found dead by friends and family the day after Ingino’s sales of drugs to them.    

At sentencing, members of both families made moving statements to the Court, which Judge Mannion acknowledged. 

The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, the Pennsylvania State Police, and detectives from the Monroe County District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorneys Michelle Olshefski and Jenny 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 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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