Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Carbon County Man Sentenced to over 22 Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jason Keiser, age 27, of Lehighton, Pennsylvania, was sentenced on October 9, 2018, to 270 months’ imprisonment and 20 years’ supervised release by United States District Court Judge Malachy E. Mannion for sexual exploitation of children. Judge Mannion also ordered that Keiser be required to comply with the Sexual Offender and Registration Notification Act (SORNA), a national system for the registration of sex offenders.
According to United States Attorney David J. Freed, in May 2017, Keiser produced videos and visual depictions of minors under the age of 12 engaged in sexually explicit conduct.
The charges stemmed from a federal law enforcement investigation, in which investigators executed search warrants that resulted in the discovery of a very large collection of child pornography on Keiser’s electronic devices, including child pornography images and videos created by Keiser. Keiser also shared child pornography with others via social media applications.
Keiser was indicted by a federal grand jury on August 22, 2017, after an investigation conducted by United States Homeland Security Investigations – Philadelphia Division. Assistant United States Attorney Michelle Olshefski 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."
# # #
Monroe County Man Sentenced to 63 Months’ Imprisonment for Role in Heroin and Cocaine Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Anton Woodson, age 34, of East Stroudsburg, was sentenced yesterday by Senior U.S. District Court Judge James M. Munley to serve 63 months in prison for his role in a Monroe County-based heroin and cocaine trafficking conspiracy.
According to United States Attorney David J. Freed, Woodson previously pleaded guilty to conspiracy to distribute more than 100 grams of heroin and cocaine during 2014. Woodson admitted to being responsible for distributing between 100 grams and 400 grams of heroin, which translates to between approximately 4000 and 16,000 retail bags of heroin.
Woodson was one of seven people charged by a federal grand jury in a superseding indictment in March 2015. The others charged—Eddie Pace, Shawnette Isaac, Daryl Trent, Myron Owens, William Young, and Catherine Abbey—all have entered guilty pleas in the case. Trent was sentenced to 90 months’ imprisonment on drug and gun charges, and Isaac was sentenced to 30 months’ imprisonment for her role in the drug conspiracy. The other defendants, including Pace who was the leader of the drug ring, are awaiting sentencing.
Judge Munley also ordered that Woodson serve four years on supervised release following his prison sentence.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa 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. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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.
# # #
Pennsylvania Man Pleads Guilty to Biodiesel Tax ConspiracyRead the Press Release
A Harrisburg, Pennsylvania man pleaded guilty yesterday in federal court to one count of conspiring to defraud the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environmental and Natural Resources Division, EPA Criminal Investigation Division Director Jessica Taylor, and U.S. Attorney David J. Freed for the Middle District of Pennsylvania.
According to documents and information provided to the court, David Tielle served as Director Business Development at Keystone Biofuels Inc. (Keystone), located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Keystone purported to be a producer and seller of biodiesel, a type of renewable fuel. Between 2009 and 2012, Tielle participated in a conspiracy to fraudulently claim tax refunds based on the Biodiesel Mixture Tax Credit – a federal excise tax credit for persons or businesses who mix biodiesel with petroleum and use or sell the mixture as a fuel.
“Fraud committed against the United States Government, making all of us victims, is always disappointing,” said U.S. Attorney David J. Freed. “It is particularly so when the fraud is connected to a program with the laudable aim of encouraging renewable fuel production. The defendant in this case nefariously turned a program meant to benefit our community into a scheme to enrich himself and his partners, at our expense. I commend the tireless work of all of our partners in this case, especially the investigators with IRS-Criminal Investigation and the Environmental Protection Agency Criminal Investigation.”
“A strong enforcement program is essential to maintaining the integrity of the renewable fuel program,” said EPA Special Agent in Charge Jennifer Lynn. “Yesterday's guilty plea should send a clear message that EPA and our law enforcement partners are committed to vigorously pursuing these criminal cases.”
As part of the conspiracy, Tielle caused inflated fuel amounts to be reported to the IRS in order to fraudulently claim tax refunds on fuel Keystone was not producing. To account for the inflated fuel amounts, Tielle created false books and records and engaged in a series of sham financial transactions intended to mirror the false books and records. Tielle also caused Keystone to fraudulently claim tax refunds on fuel that did not meet the quality standards needed to qualify for the Biodiesel Mixture Tax Credit and on fuel Keystone had not mixed with petroleum. The total loss resulting from Tielle’s conduct is approximately $4,149,983.41.
Tielle faces a statutory maximum sentence of five years in prison, as well as a period of supervised release, restitution, and monetary penalties.
The case was investigated by IRS-Criminal Investigation and the EPA Criminal Investigation Division. The prosecution is being handled by Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental and Natural Resources Division.
Pennsylvania Man Pleads Guilty to Biodiesel Tax ConspiracyRead the Press Release
HARRISBURG - A Harrisburg, Pennsylvania man pleaded guilty in federal court to one count of conspiring to defraud the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environmental and Natural Resources Division, EPA Criminal Investigation Division Director Jessica Taylor, and U.S. Attorney David J. Freed for the Middle District of Pennsylvania.
According to documents and information provided to the court, David Tielle served as Director Business Development at Keystone Biofuels Inc. (Keystone), located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Keystone purported to be a producer and seller of biodiesel, a type of renewable fuel. Between 2009 and 2012, Tielle participated in a conspiracy to fraudulently claim tax refunds based on the Biodiesel Mixture Tax Credit – a federal excise tax credit for persons or businesses who mix biodiesel with petroleum and use or sell the mixture as a fuel.
“Fraud committed against the United States Government, making all of us victims, is always disappointing,” said U.S. Attorney David J. Freed. “It is particularly so when the fraud is connected to a program with the laudable aim of encouraging renewable fuel production. The defendant in this case nefariously turned a program meant to benefit our community into a scheme to enrich himself and his partners, at our expense. I commend the tireless work of all of our partners in this case, especially the investigators with IRS-Criminal Investigation and the Environmental Protection Agency Criminal Investigation.”
“A strong enforcement program is essential to maintaining the integrity of the renewable fuel program,” said EPA Special Agent in Charge Jennifer Lynn. “Today’s guilty plea should send a clear message that EPA and our law enforcement partners are committed to vigorously pursuing these criminal cases.”
As part of the conspiracy, Tielle caused inflated fuel amounts to be reported to the IRS in order to fraudulently claim tax refunds on fuel Keystone was not producing. To account for the inflated fuel amounts, Tielle created false books and records and engaged in a series of sham financial transactions intended to mirror the false books and records. Tielle also caused Keystone to fraudulently claim tax refunds on fuel that did not meet the quality standards needed to qualify for the Biodiesel Mixture Tax Credit and on fuel Keystone had not mixed with petroleum. The total loss resulting from Tielle’s conduct is approximately $4,149,983.41.
Tielle faces a statutory maximum sentence of five years in prison, as well as a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman, Acting Assistant Attorney General Wood, and U.S. Attorney Freed thanked agents of IRS-Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division, who conducted the investigation, and Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental and Natural Resources Division, who prosecuted the case.
###
Member of Large Lebanon County Drug Trafficking Operation Sentenced to 151 Months’ ImprisonmentRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Millan-Miranda, age 31, of Lebanon, Pennsylvania, was sentenced yesterday to 151 months’ imprisonment and five years’ supervised release by United States District Court Judge John E. Jones, III for various drug trafficking offenses.
According to United States Attorney David J. Freed, Millan-Miranda was convicted on April 11, 2017, along with codefendants Julio Aviles, Sr. age 49, of Lebanon, Pennsylvania, and Israel Nazario, age 62, of Philadelphia, Pennsylvania, all members of a Lebanon County Drug Trafficking Organization, of conspiracy to distribute and possess with intent to distribute one kilogram and more of heroin. The parties stipulated that Millan-Miranda was responsible for at least three but less than 10 kilograms of heroin (which is equivalent to approximately 120,000 to 400,000 individual doses of heroin). Millan-Miranda was also convicted of possession with the intent to distribute heroin and the distribution of heroin. The six-day trial was held in federal court in Harrisburg before United States District Judge John E. Jones, III.
The two-year investigation by the Drug Enforcement Administration and the Lebanon County Drug Task Force culminated with the execution of search warrants at 513 Arnold Street and 443 North 6th Street, in Lebanon, Pennsylvania, on May 14, 2015. During the search at 513 Arnold Street, law enforcement agents discovered a “heroin mill” where kilogram amounts of heroin were being processed on a weekly basis. The evidence at trial revealed that Julio Aviles, Sr., a previously convicted drug dealer, owned and operated the heroin mill and employed a network of sellers, packagers, brokers and testers to conduct this illegal enterprise. Packagers were paid approximately $500 a week like factory workers to process and package the heroin for later distribution. The testers operated as quality assurance inspectors to ensure the heroin was of sufficient quality. At the time of the searches, law enforcement agents found over 400 grams of heroin, over 85 grams of cocaine powder, and over 71 grams of crack cocaine. A kilogram of heroin, which weighs approximately 2.2 pounds is equivalent to approximately 40,000 to 50,000 individual doses of heroin, any one of which can be fatal depending on its purity and the nature of its other ingredients. In this case the evidence established that the drug trafficking organization was mixing the heroin with Fentanyl, morphine, oxycodone and Lidocaine. Law enforcement agents estimated that this drug operation was distributing heroin, crack cocaine, and cocaine for a two-year period and during the last few months was distributing kilogram quantities of heroin, crack cocaine and cocaine powder. The value of the drugs distributed has a conservative street value of between $3 million and $5 million.
Located in the processing room were over 52,000 small Ziploc style bags, 37,000 small glassine bags and over 28,000 rubber bands that are used to package controlled substances. Each rubber band was used to package ten individual bags of heroin, called a bundle.
Law enforcement also located three handguns, ten rifles, six shotguns and paraphernalia consistent with a large-scale drug trafficking operation. During the search at 443 North 6th Street, law enforcement officers located additional quantities of heroin, cocaine powder, and crack cocaine along with drug packaging materials.
Thirteen individuals, all together were charged as part of this operation:
- Julio Aviles, Sr., age 49, sentenced to life imprisonment;
- Isrrael Nazario, age 62, sentenced to 180 months’ imprisonment;
- Julio Aviles, Jr., age 24, sentenced to 28 months’ imprisonment;
- Leandro Nazario, age 30, sentenced to 240 months’ imprisonment;
- Suheidy Soto-Concepcion, age 35, sentenced to 120 months’ imprisonment;
- Eliezer Soto-Concepcion, age 36, sentenced to 144 months’ imprisonment;
- Brenda Soto, age 35, sentenced to 12 months and one day in prison;
- Geidy Arroyo, age 37, time served;
- Brittany Rivera, age 24, sentenced to one year and one day in prison;
- Brent Moyer, age 22, sentenced to 18 months’ imprisonment;
- Carlos Nazario, age 72; pending sentencing; and
- Kengie Millan-Miranda, age 27, remains a fugitive. If you have any information on the whereabouts of Kengie Millan-Miranda, please contact Crime Stoppers at 717-270-9800.
Julio Aviles, Jr., Brittany Rivera, Brent Moyer, Carlos Nazario, Brenda Soto and Geidy Arroyo all pled guilty to conspiracy to distribute and possess with intent to distribute 1,000 grams and more of heroin. On the day of trial, Leandro Nazario, Eliezer Soto-Concepcion and Suheidy Soto-Concepcion all pled guilty to conspiracy to distribute and possess with intent to distribute 1,000 grams and more of heroin, 280 grams and more of cocaine base, or crack cocaine and an unspecified quantity of cocaine hydrochloride or powder cocaine.
The investigation was conducted by the Drug Enforcement Administration, Lebanon County Drug Task Force, Lebanon County Detective Bureau, Lebanon City Police Department, Cornwall Borough Police Department, and assisted by the Lebanon County Probation Department. Assistant United States Attorney Daryl F. Bloom, Chief of the Organized Crime and Drug Enforcement Task Force and Special Assistant United States Attorney Nichole Eisenhart who also serves as the First Assistant District Attorney in Lebanon County, Pennsylvania prosecuted the case.
# # #
Additional Charges Filed Against Plains Township Man Indicted for Firebombing the Luzerne County Children and Youth Office BuildingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a superseding indictment on October 2, 2018, charging Phillip Finn, Jr, age 48, of Plains Township, Pennsylvania, with interstate communications and using fire to commit a felony.
According to United States Attorney David J. Freed, the superseding indictment charges Finn with using his email account to send a Luzerne County caseworker threatening emails between March 4, 2017 and March 5, 2017. It also alleges that on March 6, 2017, Finn used three Molotov cocktails to firebomb the Luzerne County Children and Youth Services building in Wilkes-Barre, Pennsylvania, to commit the felony of stalking.
On July 11, 2017, Finn was indicted on charges of stalking, interstate communications and malicious damage to federal property by fire. The indictment alleged that between March 3, 2017 and March 6, 2017, Finn used Facebook, Google and his cell phone to engage in a course of conduct, to harass and intimidate two Luzerne County Children and Youth Services employees. The superseding indictment added the charge of use of fire to commit a felony and an additional count of interstate communication.
The case was investigated by the U.S. Federal Bureau of Investigation (FBI), the Wilkes-Barre City Police Department and the Luzerne County District Attorney’s Office. Assistant U.S. Attorney Jenny P. Roberts 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 combined maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Scranton Man Indicted on Drug Trafficking and Ammunition ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Lamarr Adams, age 31, of Scranton, Pennsylvania, was indicted on October 2, 2018, by a federal grand jury on drug trafficking and ammunition charges.
According to United States Attorney David J. Freed, the indictment alleges that Adams conspired to distribute and possess with intent to distribute over 500 grams of cocaine between February 1, 2018 and September 25, 2018, in Scranton, Pennsylvania. The indictment also alleges that Adams possessed ammunition when he is prohibited because of a prior felony conviction.
The case was investigated by the U.S. Drug Enforcement Administration (DEA) and the Scranton Police Department. Assistant U.S. Attorney Jenny P. Roberts 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 40 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.
# # #
Department of Justice Announces More Than $70 Million to Support School Safety and $64 Million to Improve State Criminal Record SystemsRead the Press Release
HARRISBURG – U.S. Attorney David J. Freed joined the Department of Justice today in announcing more than $70 million in grant funding to bolster school security, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident, including $37,550 for the County of York to fund STOP School Violence Threat Assessment and Technology Reporting Program and $1 million to the Pennsylvania Department of Education in the Middle District of Pennsylvania to fund STOP School Violence Prevention and Mental Health Training Program.
These grants are in addition to the funding to the National Association of School Resource Officers (NASRO), announced by Attorney General Sessions last week, to expand and update their curriculum to better support training programs. These grants combined will better protect students, teachers, faculty, and first responders across the United States. Additionally, the Department is awarding more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks.
“President Trump and his administration will ensure the safety of every American school," Attorney General Jeff Sessions said. "Earlier this year he signed into law the STOP School Violence Act, which provides grant funding to develop anonymous school threat reporting systems, to implement school building security measures, and to train students, school personnel, and law enforcement on how to prevent school violence. Today I am announcing $70 million in these grants to hundreds of cities and states across America. These grants will go a long way toward giving young people and their families both safety and peace of mind.”
“With today’s awards, the United States Department of Justice continues to dedicate substantial resources to areas of critical need,” said U.S. Attorney Freed. “These funds will improve assessment and reporting capabilities in York County, and support prevention and mental health training efforts throughout the District. Too many times, incidents of school violence are the end result of inadequate or ineffective mental health intervention and treatment. While we at the United States Attorney’s office will always remain focused on our mission of law enforcement and public protection, we know well that prevention and treatment can stop incidents before they start.”
The Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) together are making more than 220 awards to jurisdictions across the country to help make schools more secure. The awards, granted through three funding streams, will provide new technology for reporting systems and other threat deterrent measures and create school safety training and education programs for school administrators, staff, students, and first responders. This includes the support for existing crisis intervention teams and the creation of new ones.
-
BJA’s STOP School Violence Threat Assessment and Technology Reporting Program will provide 68 awards valued at more than $19 million. This funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website.
-
The STOP School Violence Prevention and Mental Health Training Program, also managed by BJA, will provide training and education on preventing violence and effectively responding to related mental health crises. This program will fund 85 awards at nearly $28 million.
-
The COPS Office School Violence Prevention Program (SVPP) will provide nearly $25 million to 91 jurisdictions for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency.
The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.
The Department also announced that it has awarded more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems. These grants are administered by the Bureau of Justice Statistics, part of OJP. Approximately $43 million in funding will be administered through the National Criminal History Improvement Program (NCHIP), and nearly $21 million will be awarded under the National Instant Criminal Background Check System (NICS) Act Record Improvement Program. These grant programs help states automate and upgrade records accessed by the firearms background check system. This year, at the direction of the Attorney General, the Department prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health related reasons.
The Department is also investing over $1 million in research to better understand the factors behind mass shooting incidents. The grant awards, made by the Department’s National Institute of Justice (NIJ), part of OJP, support scientific investigations that will examine factors that contribute to mass violence, identify any patterns in mass shootings, analyze psychological and social life histories of mass shooters and community-level predictors of mass violence, and will examine firearm purchasing patterns of known mass shooters in order to create a risk prediction tool.
For additional information on today’s grant announcements, visit www.bja.gov or www.cops.usdoj.gov.
NOTE: The breakdown of the STOP School Violence Grants can be found here: STOP School Violence Threat Assessment and Technology Reporting Program, STOP School Violence Prevention and Mental Health Training Program, and COPS Office School Violence Prevention Program
# # #
-
Former Physician Assistant and Registered Nurse Plead Guilty to Conspiracy and Opioid Diversion ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew Dows, age 39, and Robert Garofalo, age 31, both of Mechanicsburg, Pennsylvania, pleaded guilty on October 1, 2018, before Chief United States Magistrate Judge Susan E. Schwab to one count of conspiracy to commit health care fraud and one count of obtaining controlled substances by deception.
According to David J. Freed, Dows, a Physician’s Assistant, and Garofalo, a Registered Nurse, conspired between February 2017 and March 2018 to obtain more than 7,470 medically unnecessary oxycodone pills and 1,620 medically unnecessary morphine pills.
A total of 67 prescriptions were issued by Dows for Garofalo and two other unidentified individuals without the other individuals’ knowledge or consent. Dows and Garafalo then filled all of the prescriptions at local pharmacies and converted the controlled substances to their own use.
Dows was terminated from his employment as a Physician Assistant at Pinnacle’s Health’s Fisher Road Office in Mechanicsburg on January 5, 2018. After Dows’ termination, he wrote 11 more prescriptions for oxycodone and morphine on counterfeit Pinnacle prescription forms. Under Pennsylvania law, a Physician Assistant may not legally write a prescription if he is not under the supervision of a physician.
The matter was investigated by the Harrisburg Office of the Drug Enforcement Administration. Assistant U.S. Attorney Kim Douglas Daniel 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.
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.
# # #
Twenty Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that twenty previously deported aliens were indicted separately on September 26, 2018, by a federal grand jury for illegal re-entry into the United States. These matters arose in counties throughout the District including Cumberland, Dauphin, Franklin, Lackawanna, Lebanon, Luzerne, Monroe and York.
According to United States Attorney David J. Freed, Rogaciano Hernandez-Sanchez, age 56, of Mexico, was previously deported from the United States to Mexico in March 2001, October 2009, and May 2012. He is alleged to have illegally re-entered the United States sometime after May 2012, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Perez-Amaro, age 23, of Mexico, was previously deported from the United States to Mexico in March and April 2016. He is alleged to have illegally re-entered the United States sometime after April 2016, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Hernandez-Sanchez and Perez-Amaro face a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Wilder Orodonez-Calderas, age 26, of Guatemala, was previously deported from the United States to Guatemala in March 2018. He is alleged to have illegally re-entered the United States sometime after March 2018, and was found in the United States in Monroe County, Pennsylvania after eluding examination or inspection by immigration officers.
Francisco Sacaria, age 38, of Honduras, was previously deported from the United States to Honduras in July 2014. He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Abel Perez-Perez, age 25, of Mexico, was previously deported from the United States to Mexico in November 2013. He is alleged to have illegally re-entered the United States sometime after November 2013, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
Gustavo Vazquez-Ramirez, age 31, of Mexico, was previously deported from the United States to Mexico in May 2011. He is alleged to have illegally re-entered the United States sometime after May 2011, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Juan Martinez-Vazquez, age 29, of Mexcio, was previously deported from the United States to Mexico in August and September 2012. He is alleged to have illegally reentered the United States sometime after September 2012 and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Jairo Rodrigues-Murillo, age 39, Honduras, was previously deported from the United States to Honduras in June 2008 and March 2012. He is alleged to have illegally re-entered the United States sometime after March 2012, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Irais Estrada-Martinez, age 32, of Mexico, was previously deported from the United States to Mexico in December 2015. She is alleged to have illegally re-entered the United States sometime after December 2015, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Nicacio Lopez-Hernandez, age 37, of Mexico, was previously deported from the United States to Mexico in February 2014 and January 2015. He is alleged to have illegally re-entered the United States sometime after January 2015, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Pedro Santiz-Santiz, age 29, of Mexico, was previously deported from the United States to Mexico in October 2012. He is alleged to have illegally re-entered the United States sometime after October 2012, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Hipolito Morales-Cortez, age 51, of Mexico, was previously deported from the United States to Mexico in January 2007. He is alleged to have illegally re-entered the United States sometime after January 2007, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Martin Romero-Mercado, age 47, of Mexico, was previously deported from the United States to Mexico in September and October 2017. He is alleged to have illegally re-entered the United States sometime after October 2017, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Ernesto Guevara-Aldade, age 38, of Mexico, was previously deported from the United States to Mexico in September 2015. He is alleged to have illegally re-entered the United States sometime after September 2015, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Jesus Carranza-Mondragon, age 29, of Mexico, was previously deported from the United States to Mexico in June 2014 and July 2014. He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Kevin Lopez-Calderon, age 30, of Guatemala, was previously deported from the United States to Guatemala in November 2006 and March 2013. He is alleged to have illegally re-entered the United States sometime after March 2013, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Luis Avila-Munguia, age 29, Guatemala, was previously deported from the United States to Guatemala in September 2010 and August 2015. He is alleged to have illegally reentered the United States sometime after August 2015 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Estaban Santiago-Sanchez, age 38, of Mexico, was previously deported from the United States to Mexico in August 2016. He is alleged to have illegally re-entered the United States sometime after August 2016, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Ramiro Olivares-Velasquez, age 27, of Mexico, was previously deported from the United States to Mexico in June 2013 and July 2015. He is alleged to have illegally re-entered the United States sometime after July 2015, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Rogaciano Hernandez-Sanchez, age 56, of Mexico, was previously deported from the United States to Mexico in March 2001, October 2009, and May 2012. He is alleged to have illegally re-entered the United States sometime after May 2012, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Orodonez-Calderas, Sacaria, Perez-Perez, Vazquez-Ramirez, Martinez-Vazquez, Rodrigues-Murillo, Estrada-Martinez, Lopez-Hernandez, Santiz-Santiz, Morales-Cortez, Romero-Mercado, Guevara-Aldade, Carranza-Mondragon, Lopez-Calderon, Avial-Munguia, Santiago-Sanchez, Olivares-Velasquez and Hernandez-Sanchez face 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). Special Assistant United States Attorney Brian G. McDonnell 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.
# # #
Luzerne County Man Sentenced to Three Years in Prison for Participating in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Charles Davis, III, age 46, of Wilkes-Barre, Pennsylvania, was sentenced on September 28, 2018, to three years’ imprisonment and to serve four years on supervised release by Senior U.S. District Court Judge James M. Munley, for his role in a heroin trafficking conspiracy that operated in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Davis previously admitted to transporting Desmond Mercer, the leader of the conspiracy, to numerous heroin transactions and to distributing heroin for Mercer to other customers in Luzerne County. Davis admitted to involvement in the distribution of between 100 and 400 grams of heroin, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.
Davis is the last member of the drug ring to be sentenced to prison in the case. Desmond Mercer, the leader of the drug conspiracy, previously pleaded guilty and was sentenced to 14 years in prison. Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years in prison for their roles in the conspiracy. The remaining members of the conspiracy received the following prison sentences:
- Antuan Jamison—five years
- Omar Bell—52 months
- Megan Fox—30 months
- Brandy Malinosky—28 months
- Cleveland Linder, Jr—27 months
- Corey Wortham—18 months
- Brianna Rattigan—one year
Davis was indicted by a federal grand jury in February 2016, as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Luzerne County District Attorney’s Office, and the Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
# # #
Hazleton Man Guilty of Fraud and Naturalization OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Lucas Hernandez-Torres, age 47, of Hazleton, Pennsylvania, was charged in a criminal information with defrauding the United States, and with the unlawful procurement of naturalization. The charges were filed on February 1, 2017, but remained under seal until September 27, 2018.
According to United States Attorney David J. Freed, Hernandez-Torres admitted to defrauding the IRS by allowing other conspirators to claim his dependents as their own, thereby incurring federal tax credits and refunds. Hernandez-Torres received kickbacks in return, and also made false claims in his personal tax returns for wages that he had not earned, thus accruing additional tax credits. The offenses occurred for tax years 2010 through 2014. Hernandez-Torres, a Mexican National, also made false statements on a naturalization application.
Hernandez-Torres pleaded guilty to the charges on April 25, 2017, before United States District Court Judge Robert D. Mariani, and is awaiting sentencing.
The matter was investigated by Homeland Security Investigations and by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Phillip J. Caraballo 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 the most serious charge is up to 10 years of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Former Rite Aid Vice President Pleads Guilty in $5.7 Million Vendor Kick-Back SchemeRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that James W. Pilsner, age 60, of Harrisburg, Pennsylvania, former Vice President of Rite Aid, pleaded guilty today before United States District Court Judge John E. Jones, III, to vendor kick-back and tax evasion charges.
According to U.S. Attorney David J. Freed, Pilsner was charged in a criminal information filed on September 20, 2018, with one count of wire fraud and one count of federal income tax evasion. Pilsner, a former Vice President for Advertising for Rite Aid, engaged in a kick-back scheme with Larry Nuckols and Vance Taylor, the owners of Nuvision, Inc., an Atlanta, Georgia based company, between 1995 and August of 2017.
Pilsner entered into an agreement with Nuckols and Taylor whereby Pilsner would approve Nuvision’s invoices, some of which were false and inflated, for payment. In exchange, Nuckols and Taylor would “kick-back” a significant portion of Rite Aid’s payments to Pilsner.
Between 2001 and August of 2017, Rite Aid paid Nuvision approximately $45.3 million dollars. Pilsner allegedly received no less than $5,124,862 in kick-backs over that time period, with another $634,300 paid to other Rite Aid employees designated by Pilsner.
The criminal information also charged Pilsner with Income Tax Evasion for tax year 2013. In March of 2014, Pilsner filed an income tax return with the IRS that did not report his receipt of $411,500 in kick-back money during 2013, thereby avoiding approximately $157,648, in federal income taxes. The information also seeks the forfeiture of Pilsner’s interests in $5,743,162 and his Harrisburg residence.
Today Pilsner paid $300,000 towards his tax restitution obligation for the period 2013-2017 of approximately $592,000, and agreed to pay the balance at sentencing.
Nuckols’ initial appearance/arraignment and guilty plea is scheduled for November 20, 2018. Taylor was indicted on 40 counts of mail fraud, wire fraud, and money laundering on September 19, 2018, and is awaiting his initial appearance/arraignment on the charges.
The case is being investigated by the Harrisburg offices of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Kim Douglas Daniel 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 Mail Fraud and Wire Fraud is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for Unlawful Monetary Transactions is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for Income Tax Evasion is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Etters Man Indicted for Armed Bank RobberyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandon Black, age 34, of Etters, Pennsylvania, was indicted on September 26, 2018, by a federal grand jury for armed bank robbery.
According to United States Attorney David J. Freed, the indictment alleges that Black robbed the S&T Bank in Camp Hill, Pennsylvania, with a knife on August 31, 2018, taking approximately $2,823.
The case was investigated by the Federal Bureau of Investigation and the Camp Hill Borough Police Department. Assistant U.S. Attorney Carlo D. Marchioli 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for twenty-five years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Virginia Man Sentenced to over 19 Years’ Imprisonment for Production of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Hollis Lee Ball, age 45, of Virginia, was sentenced on September 24, 2018, by United States District Court Judge John E. Jones, III to 235 months’ imprisonment followed by a life term of supervised release for production of child pornography.
According to United States Attorney David J. Freed, between March 5 and 11, 2017, Ball contacted two minor children in Pennsylvania through an Ipad application known as “Musical.ly.” Ball used his access to the minor children through Musical.ly to persuade one of the children to send him exploitative images.
Ball was previously convicted of a sex offense and was on the sex offender registry in Virginia when he committed the offense.
This case was investigated by the Lower Paxton Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Chelsea Schinnour 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."
# # #
Serial Bank Robber Sentenced to 235 Months of ImprisonmentRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Fischer, age 46, of Dunmore, Pennsylvania, was sentenced on September 21, 2018, by United States District Court Judge Malachy E. Mannion to 235 months’ imprisonment for robbing 14 banks and brandishing firearms during the course of those robberies.
According to United States Attorney David J. Freed, Fischer robbed 14 banks located throughout northeastern Pennsylvania between December 1, 2015 and September 13, 2017. Fischer was apprehended shortly after the September 13, 2017 robbery by the Pennsylvania State Police. For 12 of the offenses, Fischer robbed the banks while armed with a firearm. He also was convicted of brandishing a firearm during a crime of violence. Fischer wore a ballistic vest during the robberies and was arrested with a loaded assault rifle and a loaded handgun. Fischer’s crime spree netted $203,779.30; law enforcement recovered $16,769.00 of the stolen funds.
December 1, 2015
NBT Bank, Elmhurst
$6,946
December 22, 2015
NBT Bank, Newfoundland
$4,000
January 13, 2016
Community Bank, Scranton
$27,100
February 4, 2016
NBT Bank, Scranton
$9,136
February 11, 2016
NBT Bank, Newfoundland
$19,013
March 21, 2016
First Keystone Community Bank, Newfoundland
$13,413.98
April 7, 2016
Community Bank, Scranton
$40,226.50
October 3, 2016
First National Bank, Tannersville
$16,764.80
October 27, 2016
First Keystone Community Bank, Stroudsburg
$13,020
December 15, 2016
NBT Bank, Eynon
$8,717
January 26, 2017
PNC Bank, West Pittston
$11,159
June 8, 2017
NBT Bank, Eynon
$5,790.02
August 7, 2017
First National Bank, Tannersville
$11,724
September 13, 2017
Peoples Security Bank and Trust, Gouldsboro
$16,769
In addition to the sentence of imprisonment, Judge Mannion ordered that Fischer pay $187,010.30 to the victims of his crimes. The United States forfeited $29,697.75 of Fischer’s assets, 24 firearms, ammunition, a suppressor, and other firearms components.
The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and by numerous local law enforcement authorities throughout northeastern Pennsylvania. Assistant United States Attorney Phillip J. 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
# # #
Juniata County Business Man Charged with $1 Million Loan FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Douglas Sheaffer, age 56, of Port Royal, Pennsylvania, was indicted on September 19, 2018, by a federal grand jury with ten counts of mail and wire fraud.
According to United States Attorney David J. Freed, the indictment alleges that between January 2010 and May 2016, Sheaffer, a former President, sole owner, and manager of Perry Petroleum Equipment Ltd., Inc. (PPE), engaged in a scheme to defraud business acquaintances, family, and friends by, among other things, falsely representing to them that the money they agreed to loan to Sheaffer and PPE would be used to fund the purchase of fuel tanks and other equipment PPE used in its operations. The indictment alleges that Sheaffer used the loan proceeds to pay for personal expenses such as gambling and business expenses such as PPE payroll, insurance, federal taxes, and state taxes. It is also alleged that Sheaffer solicited and received more than $1,000,000.00 in loans from more than twenty lenders.
The case was investigated by the Federal Bureau of Investigation. Assistant Joseph J. Terz 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 40 years of imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Harrisburg Man Sentenced to 20 Years’ Imprisonment for Possessing A Firearm in Furtherance of Drug TraffickingRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jamar McMillan, age 34, of Harrisburg, Pennsylvania, was sentenced on September 21, 2018, to 20 years’ imprisonment and four years supervised release by Chief United States District Court Judge Christopher C. Conner for possession with the intent to distribute heroin, PCP, and synthetic marijuana, possession of a stolen firearm as a previously convicted felon and in furtherance of a drug trafficking crime.
According to United States Attorney David J. Freed, McMillan was convicted by a jury in March 2018, following a three-day trial before Chief Judge Conner. The case arose as a result of an arrest of McMillan in August 2015. During his arrest, officers found heroin, PCP and synthetic marijuana on his person, and located a craftsman soft pouch on the driver’s seat of his vehicle, containing a stolen loaded .45 Heckler and Koch pistol, a balaclava face mask and a phone. The face mask and firearm were processed by the PA State Police laboratory and McMillan’s DNA was found on the items.
The case was investigated by the Harrisburg Police Department Vice Unit and the Federal Bureau of Investigation. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
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.
# # #
York Man Charged with Medicaid FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Nagy Mohamed Abdelhamed, age 68, of York, Pennsylvania, was indicted on September 19, 2018, by a federal grand jury on one count of health care fraud and six counts of false statements in health care matters. The indictment was unsealed following Abdelhamed’s arrest.
According to the United States Attorney David J. Freed, the indictment alleges that on August 13, 2014, Abdelhamed applied for Medicaid and SNAP (formerly known as Food Stamp) benefits with the York County Assistance Office in August of 2014, even though he owned a four- bedroom residence in York, a gas station in York, a 2008 Mercedes Benz E350 automobile, received $1,124 a month in Social Security disability benefits, and held approximately $58,500 in eight different bank accounts.
The Indictment further alleges that on August 22, 2014, Abdelhamed sold his gas station for $172,883 and deposited $87,016 of the sales proceeds into a bank account. Abdelhamed did not notify the York County Assistance Office of the sale or his receipt of the sales proceeds. According to the Indictment Abdelhamed continued to receive Medicaid and SNAP benefits into 2018 and as a result, fraudulently obtained approximately $29,337 in benefits, including approximately $20,338 in Medicaid benefits.
The case was investigated by the Harrisburg Offices of the Federal Bureau of Investigation and the U.S. Health and Human Services Office of Inspector General. Assistant U. S. Attorney Kim Douglas Daniel 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.
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.
# # #
Former Rite Aid Vice President and Atlanta Business Owners Charged in $5.7 Million Vendor Kick-Back SchemeRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Rite Aid Vice President and the two owners of an Atlanta based company have been charged for their role in a $5.7 million vendor kick-back scheme.
According to U.S. Attorney David J. Freed, James W. Pilsner, age 60, of Harrisburg, Pennsylvania, was charged in a criminal information filed on September 20, 2018, with one count of wire fraud and one count of federal income tax evasion. The criminal information alleges that Pilsner, a former Vice President for Advertising for Rite Aid, engaged in a kick-back scheme with Larry Nuckols and Vance Taylor, the owners of Nuvision, Inc., an Atlanta, Georgia based company, between 1995 and August of 2017.
According to the criminal information, Pilsner entered into an agreement with Nuckols and Taylor whereby Pilsner would approve Nuvision’s invoices, some of which were false and inflated, for payment. In exchange, Nuckols and Taylor would “kick-back” a significant portion of Rite Aid’s payments to Pilsner.
The criminal information alleges that between 2001 and August of 2017, Rite Aid paid Nuvision approximately $45.3 million dollars. Pilsner allegedly received no less than $5,124,862 in kick-backs over that time period, with another $634,300 paid to other Rite Aid employees designated by Pilsner.
The criminal information also charges Pilsner with Income Tax Evasion for tax year 2013. In March of 2014, Pilsner allegedly filed an income tax return with the IRS that did not report his receipt of $411,500 in kick-back money during 2013, thereby avoiding approximately $157,648, in federal income taxes. The information also seeks the forfeiture of Pilsner’s interests in $5,743,162 and his Harrisburg, PA residence.
Larry D. Nuckols, age 69 of Valdosta, Georgia, is also charged in the same criminal information as Pilsner with one count of wire fraud. The information seeks the forfeiture of Nuckols’ interests in nine properties located in Florida, Georgia, Alabama, and Costa Rico, plus Nuckols’ half interest in a $1.3 million yacht, to the government.
Vance Taylor, age 71, of Acworth, Georgia, also owner of Nuvision, was indicted on September 19, 2018, by a federal grand jury and charged with 40 counts of mail fraud, wire fraud and unlawful monetary transactions. The indictment seeks the forfeiture of $1,239,058 in U.S. Currency, eight cash/investment accounts, 73 tracts of real estate in Georgia, Florida and Alabama, and Taylor’s half interest in the $1.3 million yacht.
No date yet has been scheduled for the defendants’ initial appearances and arraignments on their charges before the U.S. District Court in Harrisburg.
The case is being investigated by the Harrisburg offices of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Kim Douglas Daniel 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 Mail Fraud and Wire Fraud is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for Unlawful Monetary Transactions is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for Income Tax Evasion is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Justice Department Honors Law Enforcement Officers and Deputies in Second Annual Attorney General’s Award for Distinguished Service in PolicingRead the Press Release
WASHINGTON – U.S. Attorney David J. Freed joined Attorney General Jeff Sessions and Justice Department leadership today in announcing the recipients of the Second Annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work of 25 law enforcement officers and deputies from 12 jurisdictions across the country.
“The Trump Administration supports law enforcement at all levels—and we always will,” said Attorney General Sessions. “Today’s awards honor the incredible work that is being done across this country every day. This Department of Justice takes pride in announcing today’s winners of the Attorney General’s Award for Distinguished Service in Policing.”
“Attorney General Sessions understands very clearly that 85% of law enforcement resources in the United States are state and local,” said U.S. Attorney Freed. “In the Middle District of Pennsylvania, we enjoy true partnership with our colleagues in the Pennsylvania State Police. Trooper Follmer’s dogged dedication and determination to see justice done in this investigation is indicative of the high level of training and professionalism throughout his organization. We congratulate Trooper Follmer and the Pennsylvania State Police for the well-deserved recognition from the Attorney General.”
The Justice Department has been committed to supporting law enforcement and continues to back the “women and men in blue,” as directed by President Trump’s February 2017 Executive Order. The Department has recently awarded grants to assist law enforcement and first responders who supported mass shootings in Las Vegas, Nevada, Parkland, Florida, and Santa Fe, Texas. In addition, the Department has helped police departments across America to hire hundreds more police officers through the COPS grant program.
The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. The Department received 207 nominations for 469 individuals ranging from state police departments, to local police, to campus public safety agencies. This award highlights the work that officers and deputies do to prevent, intervene in, and respond to crime and public safety issues.
The individual recognized by the Attorney General today includes Pennsylvania State Trooper Joel D. Follmer for his determined efforts and innovative policing techniques on an 18-month series of kidnapping and rape investigations throughout Pennsylvania that led to the arrest of a serial rapist with assaults dating back as far as 1994. Trooper Follmer arrested the suspect in December of last year, who immediately confessed to several cases, and provided information on many others that he had attempted in the past and was planning in the future. The suspect is currently awaiting trial.
# # #
Monroe County Man Guilty of Heroin ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Eddie Pace, age 44, of East Stroudsburg, Pennsylvania, pleaded guilty today to conspiracy to distribute more than 100 grams of heroin and more than 500 grams of cocaine, before Senior U.S. District Court Judge James M. Munley.
According to United States Attorney David J. Freed, Pace admitted to committing the offense between 2012 and 2015. Pace also admitted to conspiring with others to travel to Patterson, New Jersey, to obtain multiple bricks of heroin which were then sold to sub-distributors and customers from Pace’s barbershop in the Monroe County area of Pennsylvania, and elsewhere. One hundred grams of heroin is equivalent to approximately 4,000 retail bags of heroin.
Pace was one of seven people charged by a federal grand jury in a superseding indictment in March 2015. The others charged—Shawnette Isaac, Daryl Trent, Myron Owens, William Young, Catherine Abbey, and Anton Woodson—all previously entered guilty pleas in the case. Trent was recently sentenced to 90 months’ imprisonment on drug and gun charges, and Isaac was recently sentenced to 30 months’ imprisonment for her role in the drug conspiracy. The other defendants are awaiting sentencing.
Judge Munley ordered a presentence report to be completed, and scheduled Pace’s sentencing for December 14, 2018.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
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 in prison, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum penalty of ten years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the 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.
# # #
Inmate at USP Canaan Pleads Guilty to Assaulting an Inmate with A Weapon and Is Sentenced to an Additional Five Years’ ImprisonmentRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brandon Shields, age 33, formerly of Philadelphia, and currently a federal inmate at the United States Penitentiary at Canaan (USP Canaan), pleaded guilty on September 13, 2018, to assaulting another inmate with a dangerous weapon and was sentenced by U.S. District Court Senior Judge A. Richard Caputo to serve an additional five years in prison.
According to United States Attorney David J. Freed, the charges stem from an incident on January 7, 2016, in which Shields assaulted another inmate with a homemade weapon in the form of a combination lock attached to a length of cloth. Shields was indicted by a grand jury in March 2016.
Shields is presently serving a sentence of 110 months in prison for several bank robberies he committed in Philadelphia in 2011 and 2012. The sentence Shields received yesterday will be served in addition to that sentence.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
# # #
Oklahoma Man Charged with Large-Scale Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Manuel Escarcega, age 30, of Oklahoma, was indicted on September 11, 2018, by a federal grand jury on drug trafficking and conspiracy charges.
According to United States Attorney David J. Freed, the indictment charges Escarcega with conspiracy to distribute in excess of five kilograms of cocaine between November 2016 and February 2017, and possession with intent to distribute in excess of five kilograms of cocaine between on February 8, 2017, in Monroe County, Pennsylvania.
The investigation was conducted by the Drug Enforcement Administration and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The charge carries a mandatory minimum sentence of ten years in prison. The maximum penalty under federal law is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Wilkes-Barre Woman Sentenced to over 19 Years’ Imprisonment for Heroin Distribution Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michelle Beagle, age 39, of Wilkes-Barre, Pennsylvania was sentenced on September 11, 2018, to 235 months’ imprisonment by U.S. District Court Judge Robert D. Mariani for heroin distribution resulting in death.
According to United States Attorney David J. Freed, Beagle pleaded guilty on March 18, 2016, to conspiracy to distribute and possession with intent to distribute heroin laced with fentanyl to a 20-year old man, who overdosed and died on June 3, 2015.
Beagle was indicted by a grand jury in November 2015, along with Alfred Yale, age 39, a/k/a “Alfie,” also of Wilkes-Barre. Judge Mariani sentenced Yale to 262 months’ imprisonment and three years’ supervised release for the same charge.
At sentencing, Judge Mariani stated that any lesser sentence than 235 months’ imprisonment would denigrate the memory of the victim and make a mockery of the law.
Judge Mariani also ordered that upon release from prison, Beagle be supervised by the U.S. probation office for a period of 3 years and that Beagle pay restitution in the amount of $8,174.13.
The investigation was jointly conducted by the Drug Enforcement Administration (DEA) in Scranton, and the South Abington Police Department. Assistant United States 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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.
# # #
Ohio Man Charged with Large Scale Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gilroy Stewart, age 48, of Cleveland, Ohio, was indicted by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment charges Stewart with possession with intent to distribute in excess of five kilograms of cocaine on or about August 28, 2018, in Carbon County, Pennsylvania.
The investigation was conducted by the Pennsylvania State Police and the Drug Enforcement Administration. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The charge carries a mandatory minimum sentence of ten years in prison. The maximum penalty under federal law is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Appeals Court Upholds 70-Month Prison Sentence for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals today affirmed the 70-month prison sentence of Sean Griffin, age 24, that was imposed by U.S. District Court Judge Malachy E. Mannion on May 2, 2017.
According to United States Attorney David J. Freed, the Court ruled that Griffin, who used the street name of “Kritical” and who pleaded guilty in November 2016 to conspiracy to distribute heroin, was not entitled to a reduction in his sentence for being a minor participant in the drug conspiracy.
Griffin argued on appeal that he was less culpable than other members of the conspiracy and therefore was entitled to a “minor role” adjustment in his prison sentence. The Court disagreed, reasoning that “multiple witnesses identified Griffin as a key distributor of heroin for the [Black P-Stone’s] local squads—a ‘four-star general’ in the parlance of the conspiracy.” Griffin, the Court noted, “distributed large quantities of drugs throughout Maine and Pennsylvania, and his efforts were a vital part of the conspiracy’s success.”
Griffin was indicted by a federal grand jury in September 2015, and later in a superseding indictment in October 2016, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County into the drug trafficking and sex trafficking activities of a gang known as the “Black P-Stones.” Griffin admitted in his guilty plea that he and other members of the gang distributed heroin in both Pennsylvania and Maine.
Assistant United States Attorney Francis P. Sempa prosecuted the case and handled the appeal for the government.
# # #
Maryland Man Charged with Clean Air Act ViolationsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Mellott, age 45, of Cumberland, Maryland, was indicted by a federal grand jury with conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and Department of Transportation (DOT), and to violate the Clean Air Act. Mellott also was charged with three counts of violating the Clean Air Act. The indictment was returned on August 14, 2018, but remained under seal until Mellott was apprehended.
According to United States Attorney David J. Freed, the indictment alleges that Mellott was an analyst at Rockwater Northeast LLC, a company that serviced the fracking industry in Pennsylvania. In the course of his employment, it is alleged that Mellott conspired to modify the emissions systems on approximately 30 Rockwater heavy-duty diesel trucks by using “defeat devices.” It is further alleged that the defeat device purchases were concealed in Rockwater’s books and records by mislabeling them as exhaust systems, including invoices approved by Mellott. Mellott and his co-conspirators also are accused of allegedly taking the modified commercial motor vehicles to state-approved inspection stations to pass federally regulated commercial motor vehicle inspections falsely.
Five other individuals—Gavin Rexer, Dennis Paulhamus, Joseph Powell, John Joseph, and Timothy Sweitzer—were previously charged with and pleaded guilty to conspiring to defraud the government and violate the Clean Air Act, as part of this investigation.
The matter was investigated by the EPA’s Criminal Investigations Division and the DOT’s Office of the Inspector General, with the assistance of the Pennsylvania State Police and other law enforcement agencies. The case is being prosecuted by Assistant United States Attorneys Phillip J. Caraballo and Sean Camoni, and by Special Assistant United States Attorney Patricia C. Miller.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the most serious offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
New York Man Sentenced to 60 Months of Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Nevarez, age 20, of the Bronx, New York, was sentenced to 60 months of imprisonment and four years of supervised release on September 4, 2018 by United States District Judge Malachy E. Mannion for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Nevarez pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately December 2016 through January 2017. Nevarez admitted to working as a drug dealer and runner in the conspiracy, and to transporting narcotics from New York to Pennsylvania. Nevarez also admitted to trading narcotics in exchange for a firearm, and to having been affiliated with the Crips, a nationwide criminal organization. Nevarez admitted to trafficking in excess of 112 grams of crack cocaine and in excess of 200 grams of heroin, the latter of which is the equivalent of 8,000 potentially fatal doses of heroin.
Nevarez was charged in June 2017 with 14 other individuals. All of his co-defendants have pleaded guilty, with seven others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months of imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months of imprisonment;
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days of imprisonment;
- William Waring of Bronx, New York, was sentenced to 60 months of imprisonment;
- John Maybank of Bronx, New York, was sentenced to 53 months of imprisonment; and
- Siobhan Daniels, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and by the Luzerne County Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo 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. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This 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.
# # #
York County Man Sentenced to over 12 Years’ Imprisonment for Threatening to Injure Police OfficersRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Chad Stoner, age 30, of Conewago Township, York County, Pennsylvania, was sentenced on August 30, 2018, to 150 months’ imprisonment by United States District Court Judge Yvette Kane for conspiracy and transmitting an interstate communication containing a threat to injure police officers and officials of Conewago Township, and possessing an AK-47 semi-automatic weapons illegally.
According to United States Attorney David J. Freed, Stoner was convicted of the charges after a three-day trial before Judge Kane on December 5, 2017. Stoner previously pled guilty to being a felon in possession of firearms after those charges were severed by the Court. On August 10, 2016, Stoner and his co-conspirator Emily Winand, age 28, of Conewago Township, agreed that Winand would use her Youtube account to post a video on which Stoner communicated a threat to injure police officers.
Winand pled guilty before Judge Kane on October 10, 2017, to conspiracy and obstruction of justice and is scheduled to be sentenced on September 12, 2018.
The investigation was conducted by the Harrisburg Resident Office of the Federal Bureau of Investigation, Joint Terrorism Task Force, the Northern York County Regional Police Department, and the West York Borough Police Department. Assistant United States Attorney Joseph J. Terz prosecuted the case.
# # #
Two Individuals Charged with Tax Fraud and Aggravated Identity TheftRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Marien Torres Acevedo, age 35, of Allentown, Pennsylvania, and Francisco Rodriguez Polanco, age 34, of the Bronx, New York, were indicted by a federal grand jury with conspiring to defraud the government, and six counts of theft of government money and aggravated identity theft. The indictment was returned on April 10, 2018, but remained under seal until the defendants were both apprehended.
According to United States Attorney David J. Freed, the indictment charges Acevedo, and Polanco with conspiring to defraud the government between January 1, 2015 and July 9, 2016. The indictment alleges that the coconspirators stole individuals’ identities, and used them to prepare and file false tax returns. The coconspirators then allegedly obtained the refund checks issued by the U.S. Treasury pursuant to those false tax returns. Acevedo and Polanco and their coconspirators took possession of the refund checks, forged names and social security numbers on them, and cashed them at check cashing businesses in the Middle District of Pennsylvania. Acevedo and Polanco and their coconspirators are charged with cashing at least $113,649.17 in fraudulently obtained Treasury checks, and attempting to cash an additional $41,349.67 worth of checks.
The case was investigated by the Department of the Treasury’s Office of the Inspector General, the Internal Revenue Service, Homeland Security Investigations, and other federal and state law enforcement agencies. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalties under federal law for the most serious charges are up to 10 years of imprisonment. The aggravated identity theft charges carry a two-year consecutive mandatory minimum term of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Seven Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that seven previously deported aliens were indicted separately on August 29, 2018, by a federal grand jury for illegal re-entry into the United States.
According to United States Attorney David J. Freed, Mario Mendez-Morales, age 41, of Mexico, was previously deported from the United States to Mexico in August 2009, March 2010, May 2010, and February 2013. He is alleged to have illegally re-entered the United States sometime after February 2013 and was found in the United States in Schuylkill County, Pennsylvania after eluding examination or inspection by immigration officers.
Mendez-Morales faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Bernardo Palma-Flores, age 32, of Mexico, was previously deported from the United States to Mexico in March 2018. He is alleged to have illegally re-entered the United States sometime after March 2018, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Carlos Sales-Picazo, age 27, of Mexico, was previously deported from the United States to Mexico in January 2010. He is alleged to have illegally re-entered the United States sometime after January 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Sixto Hernandez-Arias, age 44, of El Salvador, was previously deported from the United States to El Salvador in June 2012. He is alleged to have illegally re-entered the United States sometime after June 2012, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Eigner Zunun-Gonzalez, age 27, of Mexico, was previously deported from the United States to Mexico in August 2009. He is alleged to have illegally re-entered the United States sometime after August 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Facundo Gregorio-Gonzalez, age 42, of Mexico, was previously deported from the United States to Mexico in August 2015. He is alleged to have illegally re-entered the United States sometime after August 2015, and was found in the United States in Union County, Pennsylvania after eluding examination or inspection by immigration officers.
Mario Castillo-Carmona, age 28, of Mexico, was previously deported from the United States to Mexico in May 2011. He is alleged to have illegally re-entered the United States sometime after May 2011, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Palma-Flores, Sales-Picazo, Hernandez-Arias, Zunun-Gonzalez, Gregorio-Gonzalez, and Castillo-Carmona all face 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). Special Assistant United States Attorney Brian G. McDonnell 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.
# # #
Pittston Man Sentenced to Six Years’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Samuel Lombardo, age 53, of Pittston, Pennsylvania was sentenced to 72 months’ imprisonment on August 29, 2018, by United States District Court Judge James M. Munley for drug trafficking and firearms offenses.
According to United States Attorney David J. Freed, Lombardo was convicted after a two-day jury trial in April 2018, for selling heroin on August 12 and 13, 2018, possessing with intent to distribute heroin, and carrying a .25 caliber Armi Tanfolio semi-automatic handgun during his drug trafficking activities.
The evidence at trial proved that Lombardo sold more than 60 grams of heroin during the course of one year, which is the equivalent to approximately 2,500-3,000 individual doses of heroin.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Kingston Police Department. Assistant United States Attorneys Evan Gotlob and Phil Caraballo prosecuted the case
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 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.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
# # #
Maryland Man Charged with Bank RobberyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Donnell, age 56, of Freeland, Maryland, was indicted on August 29, 2018, by a federal grand jury for bank robbery.
According to United States Attorney David J. Freed, the indictment alleges that on May 23, 2018, Donnell robbed the BB&T Bank located in Shrewsbury Township, York County, Pennsylvania of $1,584.
The case was investigated by the Southern Regional Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation, with assistance from the Maryland State Police. Assistant U.S. Attorney Chelsea Schinnour 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is twenty 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.
# # #
Maryland Man and Woman Charged with Illegal Wildlife OffenseRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Lone Wolf (formerly known as Jeffrey B. Myers), age 40, and Deborah Burnett, age 55, both of Havre de Grace, Maryland, were charged in separate criminal informations on August 30, 2018, for illegal possession of wildlife.
According to U.S. Attorney David J. Freed, Wolf and Burnett were charged in one-count criminal informations with illegal receipt of wildlife parts. The criminal informations allege that Wolf and Burnett bartered for and bought bald eagle parts, a great blue heron carcass and a snowy owl carcass in violation of the Lacey Act, which prohibits the sale and receipt of wildlife taken in violation of other laws, including the Bald and Golden Eagle Protection Act.
The charges stem from an investigation conducted by the U.S. Fish and Wildlife Service and the Pennsylvania Game Commission. Assistant U.S. Attorney James T. Clancy is prosecuting the cases.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these Lacey Act charges is one-year 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.
# # #
Kingston Man Indicted for Drug Distribution Resulting in Death and Other Drug and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Rodney Williams, age 34, of Kingston, Pennsylvania, was indicted on August 28, 2018, by a federal grand jury on multiple drug trafficking charges, including drug distribution resulting in death, and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Williams distributed a mixture of heroin, fentanyl and acetyl, which caused the death of an individual who used the substance. Additionally, Williams is charged with distributing cocaine in February of 2018 and possessing heroin, cocaine, and multiple stolen firearms in his home when it was searched by law enforcement officers.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Luzerne County Drug Task Force. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments 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. The drug distribution resulting in death charge carries a mandatory minimum sentence of 20 years in prison. The possession of firearms in furtherance of drug trafficking charge carries a five-year mandatory minimum sentence. 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.
# # #
Vantage Trust Federal Credit Union Agrees to Settle Ejectment Action Involving It’s Building on Premises of Wilkes-Barre VA Medical CenterRead the Press Release
SCRANTON - The United States Attorney’s office for the Middle District of Pennsylvania announced today that the United States has reached a settlement with Vantage Trust Federal Credit Union. The United States had sued Vantage seeking to remove Vantage from federal land and to recover money damages. The suit was brought because Vantage continued to occupy a building on the property of the Wilkes-Barre VA Medical Center after its license to occupy that building had ended. Damages were also sought because Vantage had no basis for continuing to occupy the building after its license had expired.
Vantage has agreed to turn over the building which previously housed the credit union to the US Department of Veterans Affairs. Vantage also agreed to pay to the United States $205,000. The settlement was reached after a mediation conducted by United States Magistrate Judge Joseph F. Saporito, Jr.
The case was handled by Assistant United States Attorney Justin Blewitt together with Dennis J Kulish, Office of General Counsel, U.S. Department of Veterans Affairs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
# # #
Monroe County Man Pleads Guilty to Drug TraffickingRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Morales, age 27, of Tobyhanna, Pennsylvania, pleaded guilty on August 28, 2018, before U.S. District Court Senior Judge A. Richard Caputo to the charge of conspiracy to distribute heroin and crack cocaine.
According to United States Attorney David J. Freed, Morales admitted to participating in a conspiracy to distribute between 700 grams and one kilogram of heroin (which is equivalent to 28,000 to 40,000 individual doses of heroin), as well as between 840 grams and 2.8 kilograms of crack cocaine, in the Monroe County area between May and July 2015. Morales 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.
Judge Caputo ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The charge carries a mandatory minimum sentence of ten years in prison. The maximum penalty under federal law is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Former Pennsylvania Treasurer Robert M. McCord Sentenced to 30 Months’ Imprisonment for Attempted ExtortionRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced that former Pennsylvania State Treasurer Robert M. McCord, age 59, currently residing in Long Branch, New Jersey, was sentenced to 30 months’ imprisonment by U.S. District Court Judge John E. Jones, III, for two counts of attempted extortion.
Judge Jones also ordered McCord to pay a $5,000 fine and to report to the Bureau of Prisons on October 29, 2018.
According to United States Attorney David J. Freed, McCord served as the Pennsylvania State Treasurer from 2008 until he resigned in February 2015. During late April and early May 2014, McCord attempted to extort campaign contributions from a law firm and a property management company while he was running for Governor by threatening economic harm to the potential donors if they failed to make sufficient campaign contributions. In particular, McCord threatened to use his position as State Treasurer to interfere with the business that the law firm and property management firm were conducting with the state if they did not make the contributions.
“As Treasurer of the Commonwealth of Pennsylvania, and a candidate for Governor, McCord attempted to obtain political contributions by threatening retaliation against those who refused,” said U.S. Attorney Freed. “McCord’s official actions to benefit his friends and punish his foes compromised the integrity of the Treasury and directly damaged the citizens of Pennsylvania. Although public corruption investigations are lengthy, difficult and complex, they have been and will remain a priority of our office. Our oaths demand it and the public deserves it. I commend the outstanding work of the FBI, IRS-Criminal Investigations and the Pennsylvania State Police and thank them for their continued commitment to rooting out corruption in Pennsylvania.”
“Rob McCord crossed the line from fundraising to felonies, when he attempted to extort potential donors to fund his gubernatorial campaign,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Trying to further his own ambitions, he abused his position of public trust. The FBI will continue to investigate public corruption and hold those responsible accountable, to send a message to public officials that crime truly doesn’t pay.”
“McCord broke the law and the trust placed in him by the public when he attempted to extort campaign contributions,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “McCord’s sentence demonstrates our collective efforts to enforce the law and ensure public trust.”
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorneys Michael A. Consiglio, William S. Houser, and Gordon A. D. Zubrod prosecuted the case.
# # #
Wilkes-Barre Man Pleads Guilty to Computer Hacking OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Justin Bodnar, age 29, of Wilkes-Barre, Pennsylvania, pleaded guilty on August 24, 2018, before U.S. District Court Senior Judge James M. Munley to the charge of unauthorized access to a computer.
According to United States Attorney David J. Freed, Bodnar admitted that he “hacked” into a computer belonging to another individual and thereby obtained the e-mails of that individual. Bodnar then offered to sell copies of the e-mails to a third person. As a result of that conduct, Bodnar was indicted by a grand jury in December 2016.
Judge Munley ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The matter was investigated the Federal Bureau of Investigation (FBI). Assistant United States Attorney Robert J. O’Hara 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 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.
# # #
Monroe County Man Pleads Guilty to Drug TraffickingRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew Morales, age 25, of Pocono Summit, Pennsylvania, pleaded guilty on August 23, 2018, before U.S. District Court Senior Judge A. Richard Caputo to conspiracy to distribute heroin and crack cocaine.
According to United States Attorney David J. Freed, Morales admitted to participating in a conspiracy to distribute between 10 and 40 grams of heroin (which is equivalent to 400 to1,600 individual doses of heroin), as well as between 28 and 112 grams of crack cocaine, in the Monroe County area between May and July 2015. Morales 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.
Judge Caputo ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The charge carries a mandatory minimum sentence of five years in prison. The maximum penalty under federal law is up to forty 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.
# # #
Inmate at United States Penitentiary at Canaan Pleads Guilty to Assault of Correctional OfficerRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Orlando Hernandez, age 33, formerly of Florida, pleaded guilty on August 24, 2018, before U.S. District Court Judge Malachy E. Mannion to the charge of assault on a correctional officer.
According to United States Attorney David J. Freed, Hernandez, an inmate at USP Canaan, admitted to kicking and “head-butting” a correctional officer on January 27, 2017, during a disciplinary hearing at the prison. Hernandez was indicted by a grand jury in September 2017.
Judge Mannion ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
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 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 is up to eight 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.
# # #
Federal Inmate Charged with Possession of A WeaponRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Demitri Reese, age 26, an inmate at the United States Penitentiary, Allenwood (USP Allenwood), Pennsylvania, was indicted on August 23, 2018, for possession of a weapon in prison.
According to United States Attorney David J. Freed, the indictment alleges that on October 14, 2017, Reese was found in possession of a homemade piece of plastic, commonly referred to as a “shank,” that was designed to be used as a weapon.
The case was investigated by officers at USP Allenwood and the Federal Bureau of Investigation. Assistant United States Attorney Alisan VanFleet 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 defendant is facing a maximum of five years of incarceration and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Three Wilkes-Barre Men Indicted for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dwayne Romail Brown, age 38, Michael Rinaldi, age 41, and Andrew Henry, age 44, all of Wilkes-Barre, Pennsylvania, were indicted on August 21, 2018, by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that Brown, Rinaldi and Henry conspired to distribute and possess with the intent to distribute over 500 grams of cocaine between May and August 2018, in the Middle District of Pennsylvania.
The case was investigated by the U.S. Drug Enforcement Administration (DEA) and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 40 years 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.
# # #
Oklahoma Man Indicted for Unlawfully Possessing A FirearmRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jeffrey R. Boyd, age 55, a resident of Tulsa, Oklahoma, was indicted on August 21, 2018, by a federal grand jury for unlawfully possessing a firearm and ammunition.
According to United States Attorney David J. Freed, the indictment alleges that on or about July 31, 2018, Boyd was subject to an Order of Protection that prohibited him from, among other things, harassing, stalking, or threatening another person, and which specifically required Boyd to surrender all firearms. The Indictment further alleges that Boyd was found in possession of a .45 caliber pistol and multiple rounds of .45 caliber ammunition on July 31, 2018, within Columbia County.
The charges stem from a joint investigation conducted by the Department of Homeland Security - United States Secret Service, and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the crimes charged in the Indictment is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
New York City Man Sentenced to Five Years’ Imprisonment for Being A Convicted Felon in Possession of A Firearm and AmmunitionRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tyrone Greene, age 44, of New York City, was sentenced on August 21, 2018, by United States District Court Senior Judge A. Richard Caputo to serve five years’ imprisonment for being a convicted felon in possession of a firearm and ammunition.
According to United States Attorney David J. Freed, Greene was convicted of being a felon in possession of a firearm and ammunition after a two-day jury trial before Judge Caputo in October 2017. Greene was indicted by a grand jury as a result of an incident which occurred in Hanover Township, Luzerne County, on November 20, 2014, where police officers initiated a traffic stop of a vehicle in which Greene was a passenger. The vehicle was traveling at night without lights and the officers detected the odor of marijuana coming from the vehicle and located a bag of marijuana in Greene’s pocket. A subsequent search of Greene, a previously convicted felon, revealed that he was carrying a fully loaded Beretta pistol.
In addition to the prison term, Judge Caputo ordered that Greene be supervised by a probation officer for three years upon his release from prison.
The investigation was conducted by the Hanover Township Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation’s Safe Streets Task Force.
Assistant United States Attorneys Robert J. O’Hara and 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
# # #
New Jersey Man Indicted for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tony McCoy, a/k/a “Hard Times,” age 33, of New Jersey, was indicted on August 21, 2018, by a federal grand jury for drug trafficking.
According to United States Attorney David J. Freed, the indictment alleges that McCoy conspired with others to distribute and possess with intent to distribute one kilogram and more of heroin between August 2016 and February 2018 in Monroe County. One kilogram of heroin is the equivalent of approximately 40,000 individual doses. The indictment also alleges that McCoy possessed with intent to distribute heroin within 1,000 feet of East Stroudsburg University on February 22, 2018.
The case was investigated by the Federal Bureau of Investigation and the Stroud Regional Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments 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. The conspiracy charge carries a ten-year mandatory minimum. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Kingston Woman Charged with Additional Drug Trafficking OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a superseding indictment on August 21, 2018, charging Shavonne Saxon, age 30, of Kingston, Pennsylvania, with conspiring to distribute and possess with the intent to distribute cocaine hydrochloride and crack cocaine.
According to United States Attorney David J. Freed, the superseding indictment charges Saxon with conspiring to distribute both cocaine hydrochloride and in excess of 28 grams of cocaine base (crack), between September 2016 and April 2017. Saxon previously was indicted in April 2017 for possessing with the intent to distribute more than 28 grams of cocaine base, and with possessing with the intent to distribute cocaine, in March and April 2017. Saxon also was charged with possessing a firearm in furtherance of her narcotics trafficking and with being a felon in possession of a firearm and ammunition.
Saxon has remained in custody since her April 2017 arrest.
The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives and by the Kingston Police Department. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalties under federal law for the charges are life imprisonment. The charges for conspiring to distribute and possessing over 28 grams of crack cocaine carries a 10-year mandatory minimum sentence of imprisonment, while the charge for possessing a firearm in furtherance of narcotics trafficking carries a five-year mandatory minimum sentence of imprisonment that runs consecutive to any other term of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Federal Prisoner Charged with Attempted MurderRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wesley Mark Smith, age 51, an inmate at United States Penitentiary Allenwood (USP Allenwood), Pennsylvania, was indicted on August 21, 2018, by a federal grand jury on attempt to commit murder, assault with a deadly weapon, and assault causing serious bodily injury.
According to United States Attorney David J. Freed, the indictment alleges that Smith was an inmate at USP Allenwood on March 15, 2015, when he assaulted his cellmate and struck him about the head and face with a wheelchair.
The case was investigated by the Federal Bureau of Investigation and officers of the Bureau of Prisons. Assistant U.S. Attorney Todd K. Hinkley 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 these offenses are 40 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.
# # #
York County Man Charged with EmbezzlementRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Raymond Patrick Snyder, age 35, of York, Pennsylvania was charged in a criminal information on August 17, 2018, with embezzlement of funds by a bank employee.
According to United States Attorney David J. Freed, the information alleges that Snyder, a former bank employee, embezzled approximately $889,881 from the First National Bank on August 17, 2015.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Joseph J. Terz is prosecuting the case.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #