Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Luzerne County Woman Sentenced to 37 Months’ Imprisonment for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Angela Haggerty, age 44, of Hazleton, Pennsylvania, was sentenced on September 25, 2019, by U.S. District Court Judge Robert D. Mariani to 37 months’ imprisonment followed by three years’ supervised release, for participating in a heroin trafficking conspiracy that operated in Hazleton and other areas of Luzerne County.
According to United States Attorney David J. Freed, Haggerty previously pleaded guilty to conspiracy to distribute more than 700 grams of heroin between February 2016 and January 2017 (700 grams is equivalent to approximately 28,000 individual doses of heroin).
The matter was investigated by the Drug Enforcement Administration – Scranton Office, and the Pennsylvania State Police. Assistant U.S. Attorney Michelle Olshefski 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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Berks County Man Sentenced to 57 Months’ Imprisonment for Methamphetamine TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Castro, age 29, of Reading, Pennsylvania, was sentenced on September 25, 2019, by U.S. District Court Judge Robert D. Mariani, to 57 months’ imprisonment for participating in a methamphetamine trafficking conspiracy that operated in Schuylkill and Berks Counties.
According to United States Attorney David J. Freed, Castro previously pleaded guilty to conspiracy to distribute more than 500 grams of methamphetamine between July 2016 and May 2017.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police in Schuylkill County. Assistant U.S. 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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Allentown Man Sentenced to over 11 Years’ Imprisonment for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Birch, age 46, of Allentown, was sentenced on September 25, 2019, to 140 months’ imprisonment by Senior U.S. District Court Judge A. Richard Caputo, for his role in a heroin trafficking conspiracy that operated in Carbon and Lehigh Counties from December 2014 through September 2016.
According to United States Attorney David J. Freed, Birch previously admitted to obtaining heroin from suppliers in New York and Allentown and distributing the drug in Carbon County, Pennsylvania, and elsewhere. Birch was responsible for distributing between 100 grams and 400 grams of heroin, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.
Judge Caputo also ordered Birch to serve four years on supervised release following his prison sentence.
The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, and Allentown Police Department. 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.
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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Madison Township Man Sentenced to Home Confinement for Stealing from Tobyhanna Army DepotRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Timothy Scheitlan, age 43, of Madison Township, Pennsylvania, was sentenced on September 20, 2019, to six months home confinement, by United States District Court Judge A. Richard Caputo for stealing money from Tobyhanna Army Deport. Judge Caputo also ordered Scheitlan to pay restitution in the amount of $95,000.
According to United States Attorney David J. Freed, Scheitlan previously pleaded guilty to stealing over $95,000 from Tobyhanna Army Depot between 2014 and 2017, and admitted that during the course of his employment, he removed money from vending machines for his own personal use. The money that Scheitlan stole from the vending machines is used to provide recreational facilities to military personnel.
The case was investigated by the U.S. Army Criminal Investigation Division. Assistant United States Attorney Jenny P. Roberts prosecuted the case.
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Hazleton Man Sentenced to 20 Years’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Charles Brown, age 39, of Hazleton, Pennsylvania, was sentenced on September 19, 2019, to 240 months’ imprisonment followed by five years of supervised release, by United States District Court Judge Malachy E. Mannion, for distribution and possession with intent to distribute more than one kilogram of heroin, more than 280 grams of cocaine base (crack), and fentanyl (one kilogram is equivalent to approximately 40,000-50,000 individual doses).
According to United States Attorney David J. Freed, Brown previously pleaded guilty to participating in the conspiracy during 2015 and 2016. Brown rented a residence on East Birch Street in Hazleton where he and multiple other individuals distributed heroin, crack cocaine and fentanyl to customers on a daily basis. Brown also admitted that he possessed a firearm in connection with his drug distribution activities.
The case was investigated by the Pennsylvania Office of Attorney General and the Federal Bureau of Investigation. Assistant United States Attorney Jenny P. 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 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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Fulton County Man Sentenced to over 17 Years’ Imprisonment for Distribution of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Clay Aaron Rasp, age 34, of McConnellsburg, Pennsylvania, was sentenced yesterday to 210 months’ imprisonment by Chief United States District Court Judge Christopher C. Conner, for distribution of child pornography.
According to United States Attorney David J. Freed, in April 2019, Rasp pled guilty to distributing child pornography between January 2017 to July 2017, in McConnellsburg. During Rasp’s sentencing hearing, Chief Judge Conner noted Rasp’s efforts to lure an eleven-year-old child from Washington State to produce pornography for him as a factor in the 210-month sentence.
The Lower Heidelberg Police Department, the Pennsylvania State Police and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorney Michael Consiglio 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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Former Carlisle Man Sentenced to Eight Years’ Imprisonment for Distribution of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jordan James, age 22, of Brooklyn, New York, was sentenced yesterday to 96 months’ imprisonment by Chief United States District Court Judge Christopher C. Conner, for distribution of child pornography.
According to United States Attorney David J. Freed, in May 2019, James pled guilty to distributing child pornography between May 2017 to May 2018, when he resided in Carlisle, Pennsylvania.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael Consiglio 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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Monroe County Man Charged with Cocaine TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Fausto Hernandez, age 41, of Tobyhanna, Pennsylvania, was indicted on September 17, 2019, by a federal grand jury for cocaine trafficking.
According to United States Attorney David J. Freed, the indictment charges Hernandez with four counts of distribution of cocaine, and one count of possession with intent to distribute cocaine between June 11 and August 6, 2019, in Monroe County.
This matter was investigated by the Drug Enforcement Agency (DEA) 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.
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 sentence under federal law is up to twenty 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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Harrisburg Man Sentenced to 77 Years’ Imprisonment for Firearms Offenses and Three Armed RobberiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Maurice L. Ross, age 35, of Harrisburg, Pennsylvania, was sentenced on September 17, 2019, to 924 months’ imprisonment followed by five years on supervised release, by United States District Court Judge Yvette Kane for unlawful possession of a firearm as a convicted felon and three armed robberies.
Judge Kane also ordered Ross to pay restitution in the amount of $2,147 to Brookwood Mart and the convenience store clerk victims.
According to United States Attorney David J. Freed, Ross was convicted on November 6, 2018 after a two-day jury trial, of three counts of a felon in possession of a firearm (a Charter Arms .38 caliber revolver), three counts of interference with commerce by threats or violence, and three counts of carrying and brandishing a firearm in furtherance of a crime of violence.
Ross robbed the Brookwood Mart, located in Harrisburg, by gunpoint on three separate occasions on December 8, 17, and 22, 2016. Each time, he stole hundreds of dollars of cash from the store registers. Two of the three times, he also stole dozens of instant lottery tickets. The robberies occurred several months after Ross was released from federal prison after serving five years for possession with intent to distribute cocaine base and possessing a firearm in furtherance of drug trafficking.
There was surveillance footage from the robberies, but Ross was heavily hooded and masked, so identification was a significant issue, but Ross cashed some of the stolen lottery tickets the morning after one of the robberies at another convenience store, before the tickets could even be reported stolen. The PA Lottery provided the location, date and time of the cashings, and Harrisburg detectives were able to review in-store surveillance videos at the store where the tickets were cashed. That surveillance footage revealed a license plate that led detectives to Ross’ residence where a search warrant was executed. Detectives found the very distinctive gun Ross used in all three robberies, a shirt tied like a mask, a pair of black boots, a black knit hat and a flat-brimmed hat seen in surveillance footage.
The case was investigated by the Harrisburg Police Department. Assistant United States Attorneys James T. Clancy and Carl Marchioli 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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Schuylkill County Man Sentenced to Ten Years’ Imprisonment for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Anthony Navarro-Velez, age 34, of Shenandoah, Pennsylvania, was sentenced on September 9, 2019, to 121 months’ imprisonment by Senior U.S. District Court Judge James M. Munley, for his role in a conspiracy to distribute and possess with intent to distribute more than a kilogram of heroin.
According to United States Attorney David J. Freed, Navarro-Velez previously pleaded guilty to participating in the conspiracy during 2014 and 2015. Navarro-Velez admitted that he and others in the conspiracy distributed between one and three kilograms of heroin, which is approximately equivalent to between 40,000 and 120,000 retail bags of heroin. The heroin was obtained from suppliers in Paterson, New Jersey, and Hazleton, Pennsylvania.
Judge Munley also ordered Navarro-Velez to serve five years on supervised release following his prison sentence, and to forfeit firearms and his share of cash seized during the investigation.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Shenandoah Police. 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.
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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Former Corrections Officer, Union Treasurer Charged with Wire FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tony J. Liesenfeld, age 49, of Selinsgrove, Pennsylvania, was charged on September 13, 2019 in a felony information with wire fraud.
According to United States Attorney David J. Freed, the information alleges that between June 11, 2001 and November 25, 2015, Liesenfeld embezzled over $77,000 from American Federation of Government Employees Local 148. Liesenfeld allegedly used a union credit card to make unauthorized purchases and cash withdrawals, and forged checks from a union account to the same ends.
The case was investigated by the U.S. Department of Labor Office of Labor-Management Standards and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.
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 highest maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Allentown Man Sentenced to 31 Months’ Imprisonment for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Deovonie Birch, age 23, of Allentown, was sentenced on September 13, 2019 to serve 31 months’ imprisonment by Senior U.S. District Court Judge A. Richard Caputo, for his role in a conspiracy to distribute and possess with intent to distribute heroin.
According to United States Attorney David J. Freed, the defendant previously pleaded guilty to participating in the conspiracy during 2015 and 2016. Deovonie Birch admitted that he acted as a sub-distributor of heroin for his father, Robert Birch, who headed-up the conspiracy. The conspiracy obtained heroin from suppliers in New York and Allentown, and distributed it to customers in Carbon County, Pennsylvania, and elsewhere. Deovonie Birch was responsible for distributing between 60 and 80 grams of heroin, which is approximately equivalent to between 2300 and 3300 retail bags of heroin.
Judge Caputo also ordered Birch to serve three years on supervised release following his prison sentence.
Birch was indicted by a grand jury in September 2016, as a result of an investigation by agents of the Drug Enforcement Administration, members of the Pennsylvania State Police, and Allentown Police. 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.
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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Allentown Man Guilty of Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Birch, age 46, of Allentown, pleaded guilty on September 13, 2019 to conspiracy to distribute more than 100 grams of heroin before Senior U.S. District Court Judge A. Richard Caputo.
According to United States Attorney David J. Freed, Birch admitted to regularly obtaining heroin from suppliers in New York and Allentown and distributing the drug in Carbon County, Pennsylvania, and elsewhere. Birch admitted to being responsible for distributing between 100 grams and 400 grams of heroin, which is approximately equivalent to between 4000 and 16,000 retail bags of heroin.
Judge Caputo scheduled sentencing for September 25, 2019.
Birch was indicted by a grand jury in September 2016, as a result of an investigation by agents of the Drug Enforcement Administration, members of the Pennsylvania State Police, and Allentown Police. Assistant United States 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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law is 40 years’ imprisonment. The charge also carries a mandatory minimum penalty of five 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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Two Lebanon Men Indicted on Drug Conspiracy ChargesRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on September 11, 2019 that Juan Delvalle-Andino, 31, and Pablo Ortiz-Calzada, 33, both of Lebanon, were indicted by a federal grand on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that Delvalle-Andino and Ortiz-Calzada conspired with one another to possess over 500 grams of cocaine, attempted to possess over 500 grams of cocaine, and in fact did possess some quantity of cocaine. The indictment further alleges that both individuals had previously been convicted in the Judicial District of Puerto Rico of serious drug felonies.
The case was investigated by the U.S. Postal Inspectors and the Pennsylvania State Police. The case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 80 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mountain Top Woman Sentenced to 24 Months of Imprisonment for Failing to Remit Federal Payroll TaxesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on September 11, 2019, Judith Cefaly, age 54, of Mountain Top, Pennsylvania, was sentenced to 24 months of imprisonment and two years of supervised release, by United States District Judge James Munley, for failing to remit to the Internal Revenue Service (IRS) federal payroll taxes.
According to United States Attorney David J. Freed, Cefaly was the former general manager and part owner of Shakti, Inc., a beauty salon and spa in Kingston, Pennsylvania, from 1997 through 2017. Cefaly previously pleaded guilty to an information alleging that she withheld federal payroll taxes from employees’ paychecks, but failed to then remit those taxes to the IRS. Over the course of tax years 2011 through 2016, Cefaly failed to remit over $646,000 of those federal taxes to the IRS, instead using the funds for her personal benefit.
In addition to the terms of imprisonment and supervised release, Judge Munley also ordered Cefaly to pay $646,620.26 in restitution.
The investigation was conducted by the IRS Criminal Investigations Division. The case was prosecuted by Assistant United States Attorney Phillip J. Caraballo.
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Grand Jury Indicts Three Harrisburg Men for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on September 11, 2019 Qushawn Brown, age 28, Wesley Garner, age 25, and Anderson Ortiz, age 20, of Harrisburg, were indicted by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed the defendants are charged with operating a drug trafficking conspiracy from 2018 to August 2019 that distributed crack cocaine and heroin. The defendants used firearms during their drug trafficking activities including assault rifles with extended magazines.
The case was investigated by Bureau of Alcohol Tobacco, Firearms, and Explosives, the Harrisburg Bureau of Police, and the Pennsylvania State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Consiglio.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
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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Allentown Man Is Sentenced to Ninety Months Imprisonment for Drug TraffickingRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrew Perez, age 31, of Allentown, Lehigh County, was sentenced yesterday by Senior U.S. District Court Judge A. Richard Caputo to ninety months’ imprisonment and four years on supervised release for his role in a Monroe County-based heroin and cocaine trafficking conspiracy.
According to United States Attorney David J. Freed, Perez previously pleaded guilty to conspiring with others to distribute between 700 grams and 1 kilogram of heroin (which is equivalent to 28,000 to 40,000 individual doses of heroin), as well as additional amounts of crack cocaine, in the Monroe County area between May and July 2015. Perez was one of eleven individuals indicted by a grand jury in July 2015 and charged with conspiring to distribute heroin, powder cocaine and crack cocaine in the Monroe County area.
The case was investigated by the Drug Enforcement Administration (DEA) and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Pike County Physician Indicted for Unlawful Distribution of Controlled Substances Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Martin Evers, age 61, a Pike County, Pennsylvania, physician, was indicted on August 28, 2019, by a federal grand jury for unlawfully distributing controlled substances without a legitimate medical purpose resulting in death.
According to United States Attorney David J. Freed, the indictment alleges that in September 2014, Evers unlawfully provided prescriptions for fentanyl and methadone, both Schedule II controlled substances, and diazepam, a Schedule IV controlled substance, that caused the death of one of his patients.
Evers appeared before Magistrate Judge Karoline Mehalchick today for his arraignment and was released under pre-trial supervision by Federal Probation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The charges stem from an investigation by Drug Diversion agents with the Drug Enforcement Administration (DEA). Assistant United States Attorney Michelle Olshefski 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 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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Former Lackawanna County Prison Contract Employee Guilty of Providing Drugs to InmatesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brenda Cruise, age 48, of Dunmore, pleaded guilty on September 3, 2019 before U.S. District Court Judge James M. Munley, to conspiracy to provide contraband to inmates at the Lackawanna County Prison.
According to United States Attorney David J. Freed, Cruise admitted that while she worked as a contract employee at the prison, she participated in a scheme to bring marijuana, suboxone, synthetic marijuana (“spice”), and tobacco to inmates at the prison between February 2018 and December 2018.
Cruise is the fourth person to be charged and plead guilty as a result of the investigation. Sentencing for Cruise is scheduled for December 4, 2019.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
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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California Man Guilty of Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Crispin Fernandez, age 26, a California resident, pleaded guilty on August 30, 2019, to participating in a conspiracy that transported more than a kilogram of heroin from California to Carbon County, Pennsylvania, before U.S. District Court Judge Malachy E. Mannion.
According to United States Attorney David J. Freed, Fernandez admitted to conspiring with others to send more than one kilogram of heroin via couriers between July 2018 and the present. A kilogram of heroin is equivalent to approximately 40,000 retail bags of heroin.
Fernandez was charged in a superseding information with conspiracy to distribute and possess with intent to distribute in excess of one kilogram of heroin. Agents seized close to three kilograms during the investigation in Pennsylvania and Illinois.
Judge Mannion ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.
The charge against Fernandez resulted from an investigation by the Drug Enforcement Administration (DEA), the Pennsylvania State Police, and the Illinois State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case is also a part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law is life imprisonment. The charge also carries a mandatory minimum penalty of 15 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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Monroe County Man Guilty of Sex TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Battle, age 28, of Stroudsburg, Pennsylvania, pleaded guilty on August 28, 2019, before U.S. District Court Judge Malachy E. Mannion, to participating in a sex trafficking conspiracy that involved using threats and coercion to force women to engage in prostitution in the Monroe County area between 2011 and June 2015.
According to United States Attorney David J. Freed, Battle, who also used the street name of “Buck,” admitted to being a member of the Black P-Stones, a street gang that engaged in sex trafficking and drug trafficking in the Stroudsburg area and the state of Maine. Members of the conspiracy, including Battle, advertised prostitutes on websites, transported the prostitutes, and rented hotel and motel rooms for the purpose of having the women engage in commercial sex acts with customers.
The prostitutes were threatened, physically assaulted, and provided drugs, including heroin, by members of the conspiracy to persuade them to engage or continue to engage in prostitution. Virtually all of the money earned by the prostitutes was turned over to the gang leaders, and the prostitutes were compensated with illegal drugs.
Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing for Battle will be scheduled at a later date. Battle remains in custody pending sentencing.
The case was prosecuted by the Federal Bureau of Investigation, the Pennsylvania State Police, local police in the state of Maine, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. Attorneys Francis P. Sempa and Phillip Caraballo prosecuted the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is also a 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 for this offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that three previously deported aliens were indicted separately on August 28, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Dauphin, Franklin, and York.
According to United States Attorney David J. Freed, Laurencio Hernandez-Hernandez, age 38, of Mexico, was previously deported from the United States to Mexico in April 2008. He is alleged to have illegally reentered the United States sometime after April 2008, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Felix Ruiz-Arrendondo, age 37, of Mexico, was previously deported from the United States to Mexico in April 2016. He is alleged to have illegally reentered the United States sometime after April 2016, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Hernandez-Hernandez and Ruiz-Arrendondo face a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Luis Mejia-Gomez, age 34, of Honduras, was previously deported from the United States to Honduras in June 2007. He is alleged to have illegally reentered the United States sometime after June 2007, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Mejia-Gomez faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne Hoffman is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Woman Sentenced to Seven Years’ Imprisonment for Sex Trafficking and Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jordan Capone, age 24, of Mt. Pocono, was sentenced to seven years’ imprisonment on August 27, 2019, by U.S. District Court Judge Malachy E. Mannion, for participating in a conspiracy that forced or coerced women to engage in prostitution in northeastern Pennsylvania, and for distributing the drug known as “molly” in Monroe County.
According to United States Attorney David J. Freed, Capone, who used the gang name “Angel,” previously pleaded guilty to conspiring with others to commit sex trafficking by force, fraud, and coercion between 2011 and June 2014, and to distributing molly between 2012 and 2016.
Capone’s conviction and sentence resulted from an investigation into the activities of a street gang known as the Black P-Stones. Male gang members were “beaten-in” to the gang and female members were “sexed-in” to the gang. Members of the Black P-Stones obtained heroin and other drugs, including “molly,” in New York and distributed the drugs in Stroudsburg and locations in the state of Maine. Couriers were used to transport heroin from New York to Maine.
Females were “sexed-in” to the gang by being forced to engage in sex with male gang members; recruited and coerced to engage in prostitution; advertised as adult escorts on a website; provided with heroin and other drugs; and placed in various are hotels/motels to work as prostitutes. Gang members, including Capone, used threats, force, drugs, and intimidation to coerce females to engage in prostitution.
Judge Mannion also ordered Capone to serve five years of supervised release following her prison sentence. Capone must also comply with sex offender registration and notification requirements.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. Attorneys Francis P. Sempa and Phillip Caraballo prosecuted the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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New York Man Charged with Threats Against the President of the United StatesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jesse Allen Blake, age 24, of Waverly, New York, was indicted by a federal grand jury on August 22, 2019, with threats against the President of the United States and mailing a threatening communication.
According to United States Attorney David J. Freed, the indictment alleges that Blake mailed a letter to FBI headquarters in Washington, D.C. on March 29, 2019, threatening to kill President Trump and blow up the White House, Trump Tower, the Pentagon, and United Nations Headquarters when he was released from prison. At the time he sent the letter, Blake was in custody on state charges at the Bradford County Correctional Facility in Troy, Pennsylvania.
The case was investigated by the U.S. Secret Service with the assistance from the FBI Task Force, and the Bradford County Correctional Facility. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is a total of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Canadensis Man Sentenced to 12 Years’ Imprisonment for Trafficking Highly Pure MethamphetamineRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that James Counterman, age 56, of Canadensis, Pennsylvania, was sentenced to 144 months’ imprisonment followed by ten years’ supervised release, by U.S. District Court Judge James M. Munley, for distribution and possession with intent to distribute 50 grams or more of crystal methamphetamine, and money laundering. In addition to receiving a 144-month sentence, Counterman forfeited $128,000 to the government, representing proceeds from the sale of the various properties Counterman owned at the time of his arrest.
According to United States Attorney David J. Freed, in October 2017, a federal search warrant was executed on Counterman’s residence in Canadensis that resulted in the seizure of 142 grams of pure methamphetamine, together with drug distribution paraphernalia. A financial investigation of his drug distribution activities resulted in the discovery of a scheme by which Counterman acquired residential investment properties in and around the Pocono region of Pennsylvania utilizing illegal drug distribution proceeds.
In addition to Counterman, the “Game of Homes” OCDETF investigation resulted in four additional individuals being sentenced by Judge Munley:
- Kelly Brady, age 56, of East Stroudsburg, Pennsylvania, sentenced to 55 months’ imprisonment followed by five years’ of supervised release for possession with intent to distribute in excess of 1,500 grams of actual methamphetamine;
- Levi Roopchand, age 28, of Las Vegas, Nevada, sentenced to 120 months’ imprisonment followed by four years of supervised release for conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine. Roopchand is subject to deportation to Trinidad upon completion of his federal sentence;
- Sean Martin, age 38, of Marshals Creek, Pennsylvania, sentenced to 121 months’ imprisonment followed by five years of supervised release for conspiracy to distribute and possess with intent to distribute in excess of 500 grams of methamphetamine. Judge Munley ordered that Martin’s federal sentence to run consecutively to a Monroe County, Pennsylvania, 16 to 36 month sentence Martin was serving at the time of his conviction; and,
- Michelle Christie, age 56, of Garden Grove, California, sentenced to 96 months’ imprisonment followed by five years of supervised release for possession with intent to distribute in excess of 50 grams of actual methamphetamine.
The investigation was conducted by the U.S. Drug Enforcement Agency (DEA) and the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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York Man Sentenced to More Than 21 Years’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Fernandino Rodriguez-Colon, age 40, of York, Pennsylvania, was sentenced on August 15, 2019, by U.S. District Court Judge Sylvia H. Rambo to 262 months’ imprisonment followed by six years of supervised release, for drug trafficking and firearms offenses.
According to United States Attorney David J. Freed, Rodriguez-Colon distributed and possessed with intent to distribute heroin and cocaine base in January 2018, in York. Rodriguez-Colon, a prohibited person, also possessed a stolen Remington .45 caliber pistol in furtherance of his drug trafficking activities. After selling heroin and crack cocaine to undercover officers, a search warrant was executed and Rodriguez-Colon was found with 11.75 grams of crack cocaine and 21.57 grams of heroin (which is equivalent to approximately 719 individual doses of heroin).
Judge Rambo also ordered Rodriguez-Colon to forfeit to the United States the firearm he possessed in furtherance of his drug trafficking.
This case was investigated by the York County Drug Task Force 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.
The case also 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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Monroe County Man Sentenced to 18 Months’ Imprisonment for Making Multiple Straw Purchases of FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Douglas DeHaven, age 35, of East Stroudsburg, Pennsylvania, was sentenced on August 15, 2019, by U.S. District Court Senior Judge James M. Munley, to serve 18 months’ imprisonment and two years of supervised release for making false statements to federally licensed firearms dealers in connection with the purchase of firearms.
According to United States Attorney David J. Freed, DeHaven, previously pleaded guilty and admitted to providing false information regarding the straw purchases of 14 firearms between January 5, 2018 and February 11, 2018. Two of the firearms were purchased from Bella Mia Jewels in Tannersville; nine of the firearms were purchased from Dunkelberger’s Sports Outfitters, in Brodheadsville; and, three of the firearms were purchased from Dunkelberger’s Sports Outfitters, in Stroudsburg.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
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Luzerne County Man Sentenced to Seven Years’ Imprisonment for Distributing Heroin and FentanylRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeffrey Abney, age 29, of Sugar Notch, Pennsylvania, was sentenced on August 15, 2019, by U.S. District Court Judge Malachy E. Mannion, to seven years’ imprisonment and three years on supervised release for distribution and possession with intent to distribute heroin and fentanyl.
According to United States Attorney David J. Freed, Abney previously pleaded guilty and admitted to distributing heroin and fentanyl in the Luzerne County area. In July 2018, investigators made a number of purchases of packets containing heroin laced with fentanyl from Abney, and then obtained a search warrant for Abney’s residence in Sugar Notch, where additional amounts of heroin and fentanyl were found.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms, who were assisted by the Kingston Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was 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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Former Harrisburg Man Sentenced to More Than Nineteen Years’ Imprisonment for Firearm and Drug-Trafficking OffenseRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin L. Moody, age 28, formerly of Harrisburg, Pennsylvania, was sentenced on August 15, 2019, by United States District Judge Sylvia H. Rambo to 235 months’ imprisonment to be followed by three years of supervised release for possessing firearms in furtherance of drug trafficking.
According to United States Attorney David J. Freed, Moody previously pleaded guilty to possessing five handguns in furtherance of a conspiracy to distribute crack cocaine and marijuana.
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 investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City Police Department. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
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Bedford Man Charged for Failure to Pay Payroll TaxesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Boggs, age 39, of Bedford, Pennsylvania, was charged on August 16, 2019, in a criminal information for failure to pay employment taxes to the Internal Revenue Service.
According to United States Attorney David J. Freed, Boggs was the owner of Meadowview Manor Services, LLC, an assisted living center in Mifflin County, PA. The criminal information alleges that from 2014 through 2016, Boggs withheld payroll taxes from his employees but never remitted the monies collected to the IRS. Payroll taxes include both the employees’ portion of the income tax on their wages, and taxes owed by an employer directly to the IRS for Medicare and Social Security under the Federal Insurance Contributions Act (FICA).
The case was investigated by the Internal Revenue Service. Assistant United States Attorney Geoffrey W. MacArthur is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Boggs faces a maximum sentence of five years in prison and fine of $10,000. 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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Wyoming County Dentist Convicted of Unlawful Distribution of Controlled SubstancesRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Wyoming County dentist, Christopher Bereznak, age 50, was convicted on August 13, 2019, on eight counts of distributing controlled substances without a legitimate medical purpose, after a seven-day trial before United States District Court Judge A. Richard Caputo.
According to United States Attorney David J. Freed, the evidence showed that beginning in June 2016 and continuing into July 2016, Bereznak unlawfully provided controlled substances to a woman with whom he had no legitimate doctor/patient relationship, without legitimate medical necessity, and outside the scope of a professional practice. The controlled substances included painkillers such as Percocet, Soma and Diazepam.
Bereznak’s license to practice dentistry in Pennsylvania and his DEA registration have been suspended.
The case was investigated by the Drug Enforcement Administration, Scranton, the Olyphant Police Department, and the Lackawanna County District Attorney’s Office. Assistant United States Attorneys Michelle Olshefski and Fran Sempa are prosecuting the case.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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 unlawful dispensing of Percocet is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for unlawful dispensing of Soma is five years of imprisonment, a term of supervised release and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wilkes Barre Man Sentenced to 188 Months’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 14, 2019, Jeffrey Stevens, age 36, of Wilkes-Barre, Pennsylvania, was sentenced to 188 months’ imprisonment and five years of supervised release, by United States District Court Judge Robert D. Mariani, for drug trafficking and firearms offenses.
According to United States Attorney David J. Freed, Stevens was convicted of distributing and possessing with the intent to distribute 10 grams of heroin (which is equivalent to approximately 400 individual doses of heroin) in February 2015. Stevens also was convicted of being a felon in possession of firearms and ammunition, after being found in a hotel room with heroin, firearms, and ammunition. Due to his extensive criminal history, he was deemed an armed career criminal.
Judge Mariani also ordered the forfeiture of the firearms seized during the investigation, which included:
- .380 Bersa pistol with an obliterated serial number;
- 9mm Keltec pistol with an obliterated serial number; and
- .357 Taurus revolver, Serial Number ZH-73125.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennsylvania Office of Attorney General. Assistant United States Attorney Phillip Caraballo 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.
The case also 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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Painting Contractor Sentenced to 46 Months’ Imprisonment in Connection with George Wade Bridge ProjectRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the painting contractor on the George Wade Bridge Project, Andrew Manganas, age 61, of Canonsburg, Pennsylvania and Panthera Painting, Inc., headquartered in Canonsburg, was sentenced on August 14, 2019, to 46 months’ imprisonment followed by five years’ on supervised release, by United States District Court Judge Sylvia H. Rambo for theft from union plans, wire fraud, and discharge of pollutants into the Susquehanna River. Judge Rambo also fined Manganas $20,000 and Panthera Painting, Inc. $200,000.
According to United States Attorney David J. Freed, Manganas and his company, Panthera Painting, Inc. were charged in a 46-count indictment for crimes related to Panthera’s role as a subcontractor on the multi-year George Wade Bridge restoration project. In September 2009, PennDOT awarded a contract for rehabilitation work on the George Wade Bridge to J.D. Eckman as the prime contractor. The George Wade Bridge spans the Susquehanna River on Interstate 81 in Cumberland and Dauphin Counties, Pennsylvania. The Wade Bridge Project was a federal oversight project, meaning that the Federal Highway Administration of the U.S. Department of Transportation conducted reviews and approvals during the project’s design and construction phases. The contract amount was $42,480,434.05 with the FHWA’s federal-aid programs reimbursing 90 percent of that cost. The Wade Bridge Project was scheduled to be completed on May 25, 2012, but was extended to September 27, 2013. In October 2009, Panthera was awarded a $9,875,000 subcontract by Eckman; that contract amount was increased to more than $10 million. The subcontract awarded to Panthera covered the blasting, resurfacing, and painting of the structural steel on the George Wade Bridge.
The federal oversight and funding of the contract required each contractor and subcontractor to submit Certified Payroll Reports for every worker and every pay period to certify that the appropriate prevailing wage was being paid to each worker. Manganas and Panthera pleaded guilty in January 2018, to submitting false payroll reports that did not accurately reflect the amount workers were being paid. Manganas paid only partial wages in a wage check that did not include overtime pay. He then paid overtime in a separate “per diem” check that did not properly deduct taxes and remittances, some of which were owed to the unions of which the workers were members. By under-reporting wages paid, Manganas defrauded the federal agencies paying for the bridge work. By failing to properly remit wages to the unions, Manganas effectively stole money from the workers and the union. Moreover, Manganas and Panthera pled guilty to knowingly discharging pollutants into the Susquehanna River over the course of three painting seasons of the Project. The contract and environmental laws prohibit the discharge of pollutants without a permit. Panthera and Manganas were supposed to utilize various methods to ensure that pollutants did not enter the Susquehanna River, including construction of “containment” to cover bridge areas being blasted clean and repainted. Containment involved using ropes, cables, fabric, metal pans and waste collection and recycling systems on segments of the bridge being blasted and repainted to prevent pollutants from being discharged into the River. Manganas knew he did not have a permit to discharge pollutants into the River, but Panthera workers, at Manganas’ direction and with his knowledge, utilized a variety of methods and equipment to discharge pollutants, including abrasive paint blasting materials, waste paint, and metal, into the Susquehanna River rather than collect them for recycling or disposal as hazardous waste.
“Judge Rambo’s significant sentence in this case recognizes the fraudulent conduct of the defendants, causing financial harm to the taxpayers, and the serious harm caused to our environment by the discharge of hazardous waste into the Susquehanna River, the lifeblood of the Chesapeake Bay,” said U.S. Attorney Freed. “This result sends a strong message to government contractors everywhere that fraudulent acts will be vigorously and aggressively investigated and charged. I commend our partners at the FBI, EPA, Department of Labor and Department of Transportation for their dedication and cooperation throughout this investigation.”
“Andrew Manganas enriched himself by cheating his workers and their unions, and defrauding the U.S. government,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “The FBI and our partners will continue to investigate and bring to justice those playing fast and loose with federal funds.”
“Clean, fresh water is one of Pennsylvania’s greatest resources,” said Jennifer Lynn, Special Agent in Charge of EPA's criminal enforcement program in the Middle Atlantic States. “The sentences in this case show that federal contractors will be called to account if they ignore laws aimed at protecting human health and the environment.”
“Andrew Manganas submitted fraudulent certified payrolls to the U.S. Department of Labor (DOL) stating employees were paid the required prevailing wages when, in fact, the employees were paid less in violation of the Davis-Bacon Act and Related Acts. We will continue to work with our law enforcement partners to protect the integrity of DOL programs and to ensure workers are paid proper wages for the work they perform,” said Marc Walker, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
“Today’s sentencing of Andrew Manganas and Panthera Painting, Inc., for wire fraud, theft from union plans, and discharge of pollutants into the waterways sends a strong message that such activity will not be tolerated,” said Douglas Shoemaker, US DOT-OIG Regional Special Agent-in-Charge. “Together with our law enforcement and prosecutorial colleagues, we remain steadfast in our commitment to ensure the integrity of Federal-aid programs and protect the public and the environment from illegally discharged pollutants.”
The case was investigated by the U.S. Department of Labor, Office of Inspector General, the U.S. Department of Transportation, Office of Inspector General, the U.S. Environmental Protection Agency, Criminal Investigation Division, and the Federal Bureau of Investigation. Assistant U.S. Attorney James T. Clancy and Special Assistant U.S. Attorney Martin Harrell of EPA prosecuted the case.
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Osceola Mills Man Charged with Concealing over $380,000 in Cash from the Bankruptcy Trustee and CreditorsRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrew Lee Coleman, age 65, of Osceola Mills, Pennsylvania, was charged in a criminal information on August 13, 2019, for concealment of assets and false statements in bankruptcy proceedings.
According to United States Attorney David J. Freed, the indictment alleges that Coleman concealed over $380,000 in cash and a 1968 Camaro SS in connection with a bankruptcy action that he filed. He is charged with concealing the assets in monthly reports and other statements filed with the trustee responsible for the debtor's property and from the creditors and the United States Trustee.
The criminal information also charges Coleman with one count of concealment of bankruptcy assets and 11 counts of making false declarations in connection with the bankruptcy action.
The case was investigated by the Federal Bureau of Investigation and the Office of the United States Trustee for the Middle District of Pennsylvania. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Chester County Man Sentenced to Two Years of Imprisonment for Fleeing from Federal Park RangersRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 14, 2019, Jeffrey J. Steigelmann III, age 27, of Chester County, Pennsylvania, was sentenced to 24 months’ imprisonment, by United States District Court Judge James M. Munley, for fleeing from a law enforcement official.
According to United States Attorney David J. Freed, Steigelmann fled from National Park Service Rangers in the Delaware Valley Water Gap Recreation Area on October 21, 2018, in an automobile. After a lengthy high-speed chase, he was ultimately apprehended in Port Jervis, New York, after attempting to drive through a police barricade and puncturing his tires. Law enforcement recovered heroin and marijuana from Steigelmann’s vehicle.
Another individual involved in the incident, Saul Rivkin, age 55, of Chester County, pleaded guilty on July 2, 2019, to fleeing from National Park Service Rangers. Rivkin is awaiting sentencing.
The investigation was conducted by the National Park Service Rangers and other state and local law enforcement officials. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
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Former Schuylkill County Clerk of Courts Pleads Guilty to Mail Fraud and Falsification of RecordsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Steven M. Lukach, Jr., age 69, of Nesquehoning, Pennsylvania, pleaded guilty on August 8, 2019, before U.S. District Court Judge Robert D. Mariani to mail fraud and falsification of records.
According to United States Attorney David J. Freed, Lukach served as the Clerk of Courts for Schuylkill County for approximately 27 years. In 2013-2014, county auditors with the Controller’s Office began an in depth examination of the Clerk’s Office and discovered misappropriation of funds by Lukach. An FBI investigation ensued and while the audit was going on, Lukach interfered with the audit by stealing mail that was sent to banks, forged records and sent the fake bank records to the Controller’s Office. Lukach did so in an effort to conceal that he was taking funds from various accounts for his own personal purposes, such as paying a family member’s credit card bill, paying for meals, making car payments, and other personal expenses.
The case was investigated by the Pennsylvania State Police and the Federal Bureau of Investigation. Assistant U.S. Attorney Michael Consiglio 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 each of these offenses is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Philadelphia Man Sentenced to 14 Years’ Imprisonment for Drug Trafficking and Money LaunderingRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joseph Richard, age 26, of Philadelphia, was sentenced on August 6, 2019, to 168 months’ imprisonment by United States District Court Judge Matthew W. Brann, for drug trafficking and money laundering.
According to United States Attorney David J. Freed, from 2015 through 2017, Richard transported bulk heroin from Philadelphia to associates in Danville and Bloomsburg, Pennsylvania, who would then repay Richard using a credit union account he held.
The charges stem from an investigation conducted by the Federal Bureau of Investigation. Assistant United States Attorney Geoffrey W. MacArthur 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.
The case also 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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Inmate at United States Penitentiary at Canaan Pleads Guilty to Possession of Contraband and is Sentenced to Serve an Additional Six Months in PrisonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Charles Elegalam, age 31, formerly of Washington, D.C., currently an inmate at the United States Penitentiary at Canaan (USP Canaan), Waymart, Pennsylvania, pleaded guilty on August 5, 2019, before Senior U.S. District Court Judge James M. Munley, to possession of contraband by inmate.
According to United States Attorney David J. Freed, Elegalam admitted to obtaining several small packages of marijuana from his co-defendant, Tianna Thompson, age 25, also of Washington D.C., during a social visit at USP Canaan on July 1, 2017. The marijuana packages were subsequently seized from Elegalam by prison staff members. After entering his guilty plea, Elegalam was immediately sentenced by Senior Judge Munley to serve an additional six months in prison, which will be served after Elegalam completes his current sentence.
Thompson is currently awaiting sentencing.
The matter was investigated by the Federal Bureau of Investigation (FBI) and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
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Convictions for Former Lackawanna County Commissioner Robert C. Cordaro UpheldRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 5, 2019, the U.S. Court of Appeals for the Third Circuit denied former Lackawanna County Commissioner Robert C. Cordaro’s latest appeal regarding his 2011 conviction on multiple public corruption charges. In a 26-page precedential opinion, the Court of Appeals affirmed the decision of U.S. District Court Judge A. Richard Caputo holding that the Supreme Court’s 2016 decision in McDonnell v. United States was not grounds to overturn Cordaro’s convictions.
According to United States Attorney David J. Freed, the Third Circuit Court of Appeals rejected Cordaro’s claim that the McDonnell decision required that his convictions for Hobbs Act extortion, bribery and racketeering must be vacated and that he be granted a new trial because Cordaro failed to show that he was “actually innocent” under the McDonnell standard. The Appellate Court stated that “The District Court correctly concluded that Cordaro cannot show that he is actually innocent, that is, that it is more likely than not that no reasonable juror properly charged under McDonnell would have convicted him.” In reaching that conclusion, the Appellate Court exhaustively analyzed the facts of the case and rejected all of Cordaro’s arguments to the contrary.
Cordaro was convicted in 2011, along with former Lackawanna County Commissioner Anthony Munchak, on multiple charges including racketeering and other public corruption offenses relating to the Commissioner’s demands for payments and other benefits from individuals and entities doing business with Lackawanna County. Cordaro was sentenced on January 30, 2012, to serve 132 months’ imprisonment and the Third Circuit Court of Appeals affirmed the conviction and sentence on May 31, 2013. Munchak was sentenced in 2012 to serve 84 months’ imprisonment and the Third Circuit Court of Appeals affirmed his conviction and sentence on May 31, 2013.
After Cordaro’s conviction and sentence were affirmed, Cordaro filed a motion to vacate his conviction and sentence based on alleged ineffective assistance of his trial counsel. A three-day hearing was held in January 2015 and Judge Caputo denied the motion in August 2015. Cordaro appealed that ruling and the Third Circuit Court of Appeals affirmed the District Court.
Following the Supreme Court’s 2016 decision in McDonnell, Cordaro filed a Petition for Writ of Habeas Corpus on February 3, 2017, and Magistrate Judge Mehalchick issued a Report and Recommendation denying the Petition on September 1, 2017. Cordaro objected to the Magistrate’s findings and by Order dated December 11, 2017, Judge Caputo adopted the Report and Recommendation and upheld all of Cordaro’s convictions. The Third Circuit Court of Appeals affirmed that decision and denied Cordaro any relief in yesterday’s ruling.
The case was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the Internal Revenue Service. At trial, the government was represented by Assistant United States Attorneys Lorna N. Graham, William S. Houser and Bruce Brandler. Assistant United States Attorney Stephen Cerutti, Chief of Appeals, handled the appeal.
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Two Indiana Men Sentenced to More Than Ten Years in Prison for Armed Robbery of Scranton PharmacyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rashad Coleman, age 26, and Coreon House, age 21, both of Indianapolis, Indiana, were each sentenced on July 30, 2019, by United States District Court Senior Judge James M. Munley, to serve 125 months’ imprisonment for the armed robbery of a CVS Pharmacy in Scranton.
According to United States Attorney David J. Freed, House and Coleman previously pleaded guilty to the charges of armed robbery of a pharmacy and brandishing a firearm in furtherance of a crime of violence, filed as a result of the armed robbery of the CVS Pharmacy, located on Moosic Street in Scranton, which occurred on May 21, 2018. House, Coleman and a third individual, Nicola Dunlap, age 21, also of Indianapolis, traveled from Indianapolis to the CVS Pharmacy in Scranton. Upon entering the pharmacy, House pointed a firearm at a CVS employee while Coleman acted as a lookout and Dunlap acted as a getaway driver. House and Coleman proceeded to take numerous bottles of pills from the pharmacy, including oxycodone, morphine and xanax. All three were apprehended a short time later after police stopped the vehicle in which they were traveling.
The charges against Nicola Dunlop are still pending.
The investigation was conducted by the Federal Bureau of Investigation, the Scranton Police Department and the Pennsylvania State Police. Assistant United States Attorney Robert J. O’Hara prosecuted 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.
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Schuylkill County Man Sentenced to 20 Years’ Imprisonment for Methamphetamine TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Anibal Luis Rodriguez, age 28, who resided in Pottsville, Reading, and Allentown during the time of the offense, was sentenced yesterday by U.S. District Court Judge Robert D. Mariani to 20 years’ imprisonment for participating in a methamphetamine trafficking conspiracy.
According to United States Attorney David J. Freed, the defendant previously pleaded guilty to conspiracy to distribute more than 500 grams of methamphetamine between July 2016 and May 2017.
Judge Mariani explained that he imposed the sentence because of the nature and extent of the drug trafficking operation headed by Rodriguez, including the torture of a woman who was held captive by members of the conspiracy for three days in a shed located on a co-conspirator’s property.
Judge Mariani also ordered Rodriguez to serve five years on supervised release following his prison sentence.
Rodriguez was indicted by a federal grand jury in August 2017, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and local police in Schuylkill County. Assistant U.S. 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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Inmate at United States Penitentiary at Canaan Sentenced to Serve an Additional Fifteen Months in Prison for Striking Corrections OfficerRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Orlando Hernandez, age 33, formerly of Florida, was sentenced on July 30, 2019, by United States District Court Judge Malachy E. Mannion, to serve an additional fifteen months in prison on the charge of assault on a corrections officer.
According to United States Attorney David J. Freed, Hernandez, an inmate at USP Canaan, previously admitted to kicking and “head-butting” a corrections officer on January 27, 2017, during a disciplinary hearing at the prison. Hernandez is presently serving a sentence of 188 months resulting from his conviction in the Southern District of Florida for the charges of Possession with Intent to Distribute Crack Cocaine and Possession of a Firearm by a Convicted Felon. The sentence imposed by Judge Mannion will be served after Hernandez completes the sentence imposed in the Southern District of Florida.
The matter was investigated by the Federal Bureau of Investigation (FBI) and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
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Galeton Man Convicted of Distributing Fentanyl Resulting in Serious Bodily InjuryRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Piaquadio, age 62, of Galeton, Pennsylvania, was found guilty yesterday following a non-jury trial of conspiracy to distribute Oxycodone, Fentanyl and Heroin, distribution of Oxycodone and Fentanyl, and attempted distribution of Oxycodone.
In finding him guilty of the four counts in the indictment, Chief U.S. District Judge Christopher C, Conner also found that on March 12, 2015 Piaquadio delivered Fentanyl to an individual who overdosed after using the drug. According to Judge Conner’s memorandum, after receiving the Fentanyl from Piaquadio, the individual heated the drug on a spoon and then injected it. 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. In returning the guilty verdict, Chief Judge Conner found beyond a reasonable doubt that the use of the Fentanyl distributed by Piaquadio as charged in Counts 1 and 4 resulted in serious bodily injury to the individual who overdosed. Based on that finding, at sentencing Piaquadio faces a 20-year mandatory sentence and a maximum sentence of life imprisonment.
In the memorandum filed in support of the verdict, Chief Judge Conner found that Piaquadio admitted that he and his girlfriend, Jane Flynn, who is deceased, sold between 100 to 120 Oxycodone tablets and one or two Fentanyl patches per month. According to the memorandum, 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
U.S. Attorney David J. Freed commended the efforts of first responders from Galeton Borough Police Department, Galeton Hose Ambulance, Medic 6, and the emergency medicine staff at UPMC Soldiers and Sailors in Wellsboro, Pennsylvania in treating the overdose victim who used Fentanyl supplied by Piaquadio. Mr. Freed noted that Chief Judge Conner found that the overdose victim “suffered serious bodily injury in the form of a drug overdose that placed him at serious risk of brain death or physical death without medical intervention.”
The federal investigation was conducted by the Office of Inspector General, U.S. Department of Health and Human Services and 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 were assigned to the prosecution of this matter.
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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Two Men Indicted for Armed Robbery of PharmacyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gerard Gaffney, age 19, of Mount Ranier, Maryland, and David Marable, age 18, of Washington, D.C., were indicted on July 24, 2019, by a federal grand jury on robbery and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that on March 28, 2019, Gaffney, Marable and their coconspirators committed armed robbery of a Rite Aid pharmacy in Lower Paxton Township. It is alleged that coconspirators demanded cash and controlled substances. The indictment also alleges that Gaffney and Marable possessed a Glock pistol during and in relation to his robbery.
The matter was investigated by the Federal Bureau of Investigation, the Lower Paxton Police Department, and the Swatara Police Department. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Funeral Home Director Sentenced to 15 Months’ Imprisonment for TaxRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Al T. Hughes, age 60, of Scranton, Pennsylvania, was sentenced by United States District Court Judge James M. Munley to 15 months’ imprisonment followed by a three-year term of supervised release and a $4,000 fine, for tax evasion.
According to United States Attorney David J. Freed, Hughes diverted approximately $892,000 in corporate receipts to his personal benefit, and failed to report the diverted receipts as income on his federal tax returns. The resulting tax loss to the United States is approximately $231,349. Hughes began diverting corporate receipts in 2009 and continued through 2014, and cashed hundreds of customer checks, intended for payment of funeral home services, at various financial institutions, including a check cashing service in Scranton. Hughes diverted corporate receipts from four area funeral homes, including the Thomas J. Hughes Funeral Home, the Eagan-Hughes Funeral Home, the McGoff-Hughes Funeral Home, and the Davies & Jones Funeral Chapel.
Judge Munley also ordered Hughes to pay $231,349 in restitution to the IRS. Hughes is to surrender to the Bureau of Prisons on September 25, 2019.
“Paying fairly assessed taxes is a solemn obligation of citizenship,” said U.S. Attorney Freed. “Al Hughes brazenly shirked that obligation and stole from all of us. Working together with our partners at IRS - Criminal Investigation we will continue to vigorously prosecute these cases.”
“Al T. Hughes stole from the American public when he failed to pay his fair share of taxes,” said Guy Ficco, IRS Criminal Investigation Special Agent in Charge. “Those contemplating similar crimes should take note of the sentence handed down today. IRS-CI will continue to protect the integrity of the tax system by ensuring everyone pays the right amount of tax."
The investigation was conducted by the Internal Revenue Service Criminal Investigation– Scranton Office. Assistant United States Attorney Michelle Olshefski prosecuted the case.
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North Carolina Man Indicted for Spree of Harrisburg RobberiesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Rinehardt, age 20, of Statesville, North Carolina, was indicted on July 24, 2019, by a federal grand jury on robbery and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that on
April 6, 2019, Rinehardt and his coconspirators robbed the following five business and their customers at gunpoint in Harrisburg:
- Los Brothers Mini Mart - cash and cartons of cigarettes;
- V and E Market - cash and cartons of cigarettes;
- Sayford Market - cash and other property;
- Al’s Café – credit cards, cellphones, cash, and a tip jar; and
- Beer King – over $1,500 cash.
The criminal information also alleges that on April 8, 2019, Rinehardt and his coconspirators robbed a Rite Aid pharmacy in Harrisburg. The coconspirators brandished firearms at the employees and then fled the store with cash and quantities of oxycodone, acetaminophen, and oxymorphone hydrochloride.
The matter was investigated by the Federal Bureau of Investigation, the Lower Paxton Police Department, and the Harrisburg Bureau of Police. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pennsylvania Man Sentenced to Time Served and Home Confinement for Bank FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 23, 2019, Kevin Rhodes, age 25, of New Columbia, Pennsylvania, received a sentence of time served and two years of supervised release, including six months of home confinement, by United States District Court Judge Malachy E. Mannion, for conspiring to commit bank fraud.
According to United States Attorney David J. Freed, Rhodes and several other individual conspired to commit bank fraud between October 1, 2016 and December 7, 2017. The conspirators purchased relatively low-value money orders, worth between approximately $3 and $18, and altered their values to be $1,000. The altered money orders were deposited into bank accounts owned and controlled by the defendants and their conspirators, and subsequently withdrawn in cash. The scheme resulted in approximately $141,000 worth of altered money orders being deposited, including $15,000 worth of altered money orders in Rhodes’s bank account. Rhodes also was connected to another $5,000 worth of altered money orders deposited in another individual’s account.
Judge Mannion also ordered Rhodes to pay $14,890.72 in restitution.
Rhodes’s co-defendant, Trae Reed, was previously sentenced to 10 months’ imprisonment for his involvement in the scheme. Two other codefendants, Dominique Brown and Jayla Johnson, have pleaded guilty and are awaiting sentencing.
The matter was investigated by the United States Postal Inspectors. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.
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Freeland Woman Sentenced to 36 Months’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 22, 2019, Liza Robles, age 35, of Freeland, Pennsylvania, was sentenced to 36 months’ imprisonment and three years of supervised release, by United States District Court Judge Malachy E. Mannion, for drug trafficking and firearms offenses.
According to United States Attorney David J. Freed, Robles was convicted following a 13-day jury trial of conspiring to distribute 15 grams of heroin (which is equivalent to approximately 600 individual doses of heroin) from June 2, 2015 and June 8, 2015, and for distributing five grams of heroin on June 8, 2015. Robles also was convicted of providing and conspiring to provide firearms to Roberto Torner, a convicted felon. From May 12, 2012 to August 28, 2017, Robles obtained numerous firearms that she maintained for Torner’s use. Judge Mannion also found that Robles attempted to obstruct justice by lying on the stand at trial about her drug and gun activities.
Robles’s codefendants, Roberto Torner and David Alzugaray-Lugones, also were convicted at trial of heroin trafficking offenses. Alzugaray-Lugones previously was sentenced to 27 months’ imprisonment. Torner was convicted of firearms and explosives charges, and awaits sentencing.
Judge Mannion ordered Robles to pay a $25,000 fine. Judge Mannion also ordered the forfeiture of the ammunition and firearms seized during the investigation, which included:
- Magnum Research 1911U .45acp;
- Hi-Point JHP .45acp;
- Stag Arms STAG-15, .223 cal., which is capable of accepting a high capacity magazine;
- Mossberg 500 12-gauge shotgun;
- Norinco MAC90, 7.62x39, which is capable of accepting a high capacity magazine; and
- Tikka T3, 30.06.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Weatherly Police Department, the Luzerne County Drug Task Force, the Pennsylvania State Police, and other federal, state, and local law enforcement agencies. Assistant United States Attorneys Phillip Caraballo and Todd Hinkley 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.
The case also 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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Centre County Man Pleads Guilty to Tax EvasionRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeremy Snyder, age 43, of Centre County, pleaded guilty on July 23, 2019, before U.S. District Court Judge Matthew W. Brann to tax evasion.
According to U.S. Attorney David J. Freed, Snyder failed to report over $674,000 in money he had obtained from his employer, Number One Cycle Center in Center Hall, Pennsylvania, between the years 2011 and 2016. The unreported income resulted in over $211,000 in unpaid taxes.
The matter was investigated by the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for this offense is up to five years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Man Charged with Making False Statements in On-Going Public Corruption InvestigationRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Edward Weidow, Sr., age 65, of Scranton, Pennsylvania, was charged today in a criminal information with making false statements to federal investigators in a public corruption investigation involving former Mayor of Scranton, William Courtright. Weidow is scheduled to appear in federal court in Scranton on July 23, 2019, at 2:30 p.m., before United States District Court Judge Malachy E. Mannion for his arraignment.
According to United States Attorney David J. Freed, the criminal information alleges that Weidow took cash from vendors and then transferred the cash to former Mayor of Scranton William Courtright. The information further alleges that on January 9, 2019, Weidow was interviewed by the FBI and denied giving cash to Courtright, when in fact on numerous occasions, he had done so.
On July 2, 2019, Courtright entered a guilty plea to an information charging him with various public corruption offenses. The day before the guilty plea, Courtright resigned as Mayor of the City of Scranton.
Courtright’s corrupt activities came to light during a multi-year undercover investigation headed by the FBI. The undercover investigation revealed that the former mayor accepted cash payments from vendors doing business with the city in a pay-to-play scheme.
The case was investigated by the FBI and was assisted by the Pennsylvania State Police and the Internal Revenue Service Criminal Investigations. Assistant United States Attorneys Michael Consiglio, Michelle Olshefski and William Houser are prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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