Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Pittston Man Pleads Guilty to Importing “Designer Drugs” from ChinaRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeffrey Swanberry, age 45, of Pittston, Pennsylvania, pleaded guilty today before Senior United States District Court Judge James M. Munley to importing “designer drugs,” which are controlled substance analogues, into the United States from China.
According to United States Attorney David J. Freed, on August 1, 2018, a criminal information was filed charging Swanberry with importation of controlled substance analogues, commonly known as “designer drugs,” into the United States from China between September 2016 and February 2018. The criminal information identifies the designer drugs as “alpha-ethylaminohexanophenone,” “n-ethylhexedrone,” and “n-ethylpentylone.”
Under federal law, such “designer drugs” are controlled substance analogues, which are chemically similar to controlled substances in Schedule I or II, to the extent they are intended for human consumption, are treated as controlled substances.
Judge Munley ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.
The charge against Swanberry stems from an investigation conducted by the Department of Homeland Security, the U.S. Postal Inspection Service, and the Pennsylvania State Police. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program 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 maximum penalty under federal law is up to twenty years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Drums Man Pleads Guilty to Theft of Government PropertyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gregory Ciego, age 35, of Drums, Pennsylvania, pleaded guilty on August 17, 2018, to a criminal information charging him with theft of government property.
According to United States Attorney David J. Freed, Ciego admitted to stealing $1,000 from the United States between January 2016 and January 2018, by making purchases of gasoline using a credit card issued by the United States Navy.
This case was investigated by the Office of the Inspector General and the United States Naval Criminal Investigative Services. Assistant U.S. Attorney Alisan VanFleet 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 theft of government services is one year of imprisonment, a term of supervised release of one year, and a $100,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Six 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 six previously deported aliens were indicted separately on August 15, 2018, by a federal grand jury for illegal re-entry into the United States.
According to United States Attorney David J. Freed, Raymundo Bongomer-Moya, age 42, of Dominican Republic, was previously deported from the United States to the Dominican Republic in November 2006. He is alleged to have illegally re-entered the United States sometime after November 2006, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Bongomer-Moya faces a maximum penalty of twenty years of imprisonment, a term of supervised release following imprisonment, and a fine.
Rolando Juarez-Epitacio, age 29, of Mexico, was previously deported from the United States to Mexico in June 2012, March 2013, and July 2013. He is alleged to have illegally re-entered the United States sometime after July 2013, and was found in the United States in Centre County, Pennsylvania after eluding examination or inspection by immigration officers.
Juarez-Epitacio faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Juan Amarillas-Espinoza, age 24, of Mexico, was previously deported from the United States to Mexico in March 2012 and February 2017. He is alleged to have illegally re-entered the United States sometime after February 2017, and was found in the United States in Lycoming County, Pennsylvania after eluding examination or inspection by immigration officers.
Hilario Garcia-Perez, age 34, of Guatemala, was previously deported from the United States to Guatemala in July 2009. He is alleged to have illegally re-entered the United States sometime after July 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Ronald Gomes-Fuentes, age 30, of Honduras, was previously deported from the United States to Honduras in April 2010 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 York County, Pennsylvania after eluding examination or inspection by immigration officers.
Nelson Galicia-Garcia, age 33, of El Savador, was previously deported from the United States to El Salvador in April 2014. He is alleged to have illegally re-entered the United States sometime after April 2014, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Gomes-Fuentes, Garcia-Perez, Amarillas-Espinoza, and Galicia-Garcia 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.
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Pine Grove Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brett Lamar Heinbach, age 36, formerly of Pine Grove, Pennsylvania, was indicted on August 14, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Heinbach conspired with other individuals to distribute over 50 grams of methamphetamine between March and April 2016. The indictment also alleges that Heinbach possessed multiple firearms in furtherance of drug trafficking, one firearm having an obliterated serial number. Heinbach is also charged with being in possession of eight pipe bombs.
The case was investigated by the Pennsylvania State Police, Schuylkill County District Attorney’s Office and Homeland Security Investigations. Assistant U.S. Attorney Jenny P. Roberts 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 these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Indicted for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Claude Turner, age 38, of Stroudsburg, Pennsylvania, was indicted on August 14, 2018, by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that Turner distributed and possessed with the intent to distribute cocaine and fentanyl on May 1, 2018, and cocaine, fentanyl, heroin, tramadol, and ketamine on May 17, 2018, in Monroe County, Pennsylvania. The indictment alleges that those two violations occurred within 1,000 feet of a playground, a protected place under federal law. The indictment further alleges that Turner possessed with intent to distribute marijuana on May 31, 2018.
The case was investigated by the Federal Bureau of Investigation 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.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for 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.
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Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
HARRISBURG - The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the six most frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability to consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quota (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:
(see attached chart below)
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
“Today’s announcement of the third consecutive year of decreases in proposed opioid manufacturing quotas shows continued progress in the right direction in our ongoing battle against this unprecedented public health and criminal justice crisis,” said U.S. Attorney David J. Freed. “The flooding of diverted prescription opioids into our communities has directly contributed to the demand for illicit drugs, exploited by violent drug dealers, and the death and destruction that is the only sure result of their criminal enterprises. Along with education, enforcement and meaningful treatment, reduction in supply will ultimately save lives.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
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Post Acute Medical Agrees to Pay More Than $13 Million to Settle Allegations of Kickbacks and Improper Physician RelationshipsRead the Press Release
Post Acute Medical, LLC, a Pennsylvania-based operator of long‑term care and rehabilitation hospitals across the country, and certain affiliated entities through which the company operates its facilities (collectively, “PAM”), have agreed to pay the United States, Texas, and Louisiana a total of $13,168,000 to resolve claims that they violated the False Claims Act, and the Texas and Louisiana false claims statutes, by knowingly submitting claims to the Medicare and Medicaid programs that resulted from violations of the Anti‑Kickback Statute and the Physician Self‑Referral Law, the Justice Department announced today.
The Anti-Kickback Statute, in relevant part, prohibits offering or paying anything of value to encourage the referral, or to encourage recommending or arranging for the referral, of items or services covered by Medicare, Medicaid, and other federally funded programs. The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper financial relationship. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient.
Since it was founded in 2006, PAM entered into numerous physician-services contracts on behalf of its hospitals. Although the purpose of these contracts was ostensibly to retain physicians as medical directors or in other administrative or medical roles, the United States alleged that in reality the company’s payments under these contracts were intended to induce the physicians to refer patients to PAM’s facilities. The company allegedly violated the AKS further by entering into what it called “reciprocal referral relationships” with unaffiliated healthcare providers such as home health companies. In the course of those arrangements, PAM allegedly referred patients to those other providers with the understanding that those providers would refer other patients to PAM’s facilities.
“Kickbacks undermine the independence of physician and patient decision-making, and raise healthcare costs,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs.”
“Medicare and Medicaid beneficiaries depend on their healthcare providers to make decisions based on sound medical judgment,” said U.S. Attorney David J. Freed. “Our office will take decisive action to address allegations that medical providers are paying or receiving improper financial benefits that could influence medical decision-making.”
“PAM’s alleged kickbacks and improper physician relationships threatened the impartiality of medical decision-making and the financial integrity of Medicare and Medicaid,” said Special Agent in Charge C.J. Porter for the U.S. Department of Health and Human Services Office of Inspector General. “Our agency will continue to investigate companies who step over the line to maximize their profits at the expense of federal health care programs.”
PAM’s conduct allegedly resulted in false claims to Medicare as well as certain Medicaid programs. The latter are jointly funded by both the federal and state governments. Under the settlement, PAM will pay $13,031,502 to the United States, $114,016 to Texas, and $22,482 to Louisiana.
The settlement resolves allegations originally brought by Douglas Johnson in a lawsuit filed under the whistleblower provisions of the False Claims Act, which allow private parties to bring suit on behalf of the federal government and to share in any recovery. The whistleblower will receive $2,345,670 as his share of the federal government’s recovery in this case.
In addition to resolving its False Claims Act liability, PAM has entered into a five-year Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General which includes, among other compliance obligations, an arrangements review to be conducted by an Independent Review Organization.
This matter was handled on behalf of the government by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Middle District of Pennsylvania and Southern District of Texas, and the Department of Health and Human Services Office of the Inspector General.
The case is captioned United States ex rel. Johnson v. Post Acute Medical, LLC et al., Civil Action No. 17-cv-1269 (M.D. Pa.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
South Abington Man Sentenced to over 19 Years in Prison for Fraud and Identity Theft SchemeRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Hiteshkumar Patel, age 52, a resident of South Abington Township, Pennsylvania, was sentenced on August 9, 2018, by United States District Court Judge Robert D. Mariani to serve 234 months in prison on the charges of conspiracy and aggravated identity theft.
According to United States Attorney David J. Freed, Patel pleaded guilty to conspiracy to commit wire and mail fraud, as well as aggravated identity theft in November 2017. The investigation revealed that beginning in or about August 2015 through May 2016, Patel was involved in a multi-faceted international conspiracy and devised a scheme to defraud that included individuals who falsely represented themselves as Internal Revenue Service (IRS) agents, as well as individuals associated with an illegitimate online loan business.
Individuals who falsely claimed to represent the Internal Revenue Service (IRS) contacted unsuspecting victims throughout the United States. The victims were told that they had to immediately make a monetary payment in order to satisfy outstanding IRS tax debt and/or IRS penalty fees. Victims were told that there would be severe consequences if they did not immediately comply, such as federal agents knocking on their door, notification to employers, garnishment of wages, and even arrest.
Victims of the online loan fraud scheme were instructed that in order to receive the proceeds of their online loan application, they had to first make monetary payments associated with the processing of the application, such as fees for expediting the loan and insurance. Some victims of the loan fraud scheme were also told that outstanding IRS debt had to be satisfied before their loan application could be processed.
All of the victims were instructed to remit monetary payments to a number of different individuals via the U.S. Mail, Western Union, MoneyGram, and/or RIA (Walmart to Walmart). The monetary payments were received by Patel, or by members of the unlawful telemarketing organization and unindicted co-conspirators. The investigation identified 634 individuals directly tied to Patel’s criminal conduct from across the country. The victims collectively sustained a loss of nearly $900,000.
At sentencing, Judge Mariani stated that “Telephone schemes and online fraud have become a scourge in our society.” He described Patel’s crimes as “reprehensible” and “lacking in human decency.”
In addition to the prison term, Judge Mariani ordered that Patel be supervised by a probation officer for three years following his release from prison and further ordered that Patel pay restitution in the amount of $896,112.33.
Patel was indicted by a federal grand jury on June 20, 2017, after an investigation jointly conducted by the United States Postal Inspection Service, the Department of the Treasury - Treasury Inspector General, and the South Abington and Scranton Police Departments. Assistant United States Attorney Michelle Olshefski prosecuted the case.
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Three Harrisburg Men Indicted on Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kevin L. Moody, age 27, Nathaniel P. Green, age 37, and Robert E. Hendrix, Jr., age 38, all of Harrisburg, Pennsylvania, were indicted on August 8, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that the three men conspired to distribute cocaine base and marijuana in late 2017 and possessed those same drugs with the intent to distribute on December 15, 2017, in Dauphin County. The indictment also alleges that the men possessed multiple handguns in furtherance of drug trafficking and unlawfully possessed those guns as previously convicted felons.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City 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 life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Man Sentenced to Ten Years in Prison for Armed Robberies of Efuel and Sunoco Gas StationsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Durrell Davenport, age 27, of Scranton, was sentenced on August 8, 2018, to ten years’ imprisonment and three year’s supervised release by United States District Court Judge Malachy E. Mannion for two armed robberies of gas stations in the City of Scranton.
According to United States Attorney David J. Freed, Davenport previously pleaded guilty to the charge of brandishing a firearm in furtherance of a crime of violence in connection with the armed robbery of the EFuel gas station, located on Pittston Avenue in Scranton, which occurred on June 8, 2017. Approximately $266 and several packs of cigarettes were taken in the robbery. Davenport also previously pleaded guilty to the charge of interference with commerce by armed robbery, in connection with the robbery of the Sunoco gas station, located on South Main Avenue in Scranton, which occurred on June 20, 2017. Approximately $312 and several packs of cigarettes were taken in that robbery. Davenport was indicted by a grand jury for both robberies in November 2017. A co-conspirator, Amod Phillips, age 28, of Scranton, was also indicted by the grand jury for the armed robbery of the Efuel gas station and was sentenced to seven years’ imprisonment by Judge Mannion.
The investigation was conducted by the Scranton Police Department, the Bureau of Alcohol, Tobacco and Firearms, and the Federal Bureau of Investigation. Assistant United States Attorney Robert J. O’Hara 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.
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Wilkes-Barre Woman Sentenced to 30 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Siobhan Daniels, age 31, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months’ imprisonment and four years supervised release on August 7, 2018, by United States District Court Judge Malachy E. Mannion for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Daniels pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately December 2015 through September 2016. Daniels admitted to working as a drug runner and courier in the conspiracy, and to transporting narcotics from New York to Pennsylvania. Daniels admitted to trafficking in excess of 196 grams of crack cocaine and in excess of 700 grams of heroin, the latter of which is the equivalent of approximately 28,000 individual doses of heroin.
Daniels was charged in June 2017 with 14 other individuals. All of her co-defendants have pleaded guilty, with six others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ imprisonment;
- William Waring of Bronx, New York, was sentenced to 60 months’ imprisonment;
- John Maybank of Bronx, New York, was sentenced to 53 months’ imprisonment.
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months one day of imprisonment; and
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days’ imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and the Luzerne County Drug Task Force. Assistant U.S. 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.
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.
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Monroe County Man Sentenced to 10 Years in Prison on Drug Trafficking and Firearm OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Malachy E. Mannion sentenced Deshaun Lipscomb, age 26, of Monroe County, to 120 months’ imprisonment for drug and firearms crimes.
According to United States Attorney David J. Freed, Lipscomb pled guilty in December 2017 to distribution and possession with intent to distribute over 100 grams of heroin (which is equivalent to approximately 4,000 individual doses), along with quantities of cocaine and marijuana, between January 2016 and February 2017. Lipscomb also plead guilty to possession of a 9mm handgun in furtherance of drug trafficking.
Lipscomb is a member of the Brick City Brims, a set of the Bloods criminal street gang. In May, Judge Mannion sentenced Lipscomb’s codefendant and fellow gang member, Pablo Martinez, to 150 months’ imprisonment for the robbery and shooting of a drug dealer in Stroudsburg. Martinez admitted to shooting the victim twice and pushing him from a pickup truck, all at high speed. A third co-defendant, Orrett Campbell, fired several rounds from a .40 caliber handgun at the pickup truck while giving chase. Judge Mannion sentenced Campbell to 96 months’ imprisonment in July.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police and was 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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Georgia Man Charged with Conspiring to Launder Stolen Drug ProceedsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Thomas Oiler, age 49, of Flowery Branch, Georgia, was charged in a criminal information on August 3, 2018, with conspiring to launder stolen drug proceeds.
According to United States Attorney David J. Freed, the criminal information alleges that Oiler was part of a conspiracy that stole more than $800,000 of cash drug proceeds before turning more than $1.7 million of cash drug proceeds over to law enforcement officers. It is alleged that Oiler rented a storage unit in Baltimore and travelled to Pennsylvania at the request of an unindicted coconspirator who had stolen more than $800,000 of cash drug proceeds from a coast-to-coast marijuana trafficking organization. Oiler allegedly took the vast majority of those proceeds and stored them in the rented unit in Baltimore. It is further alleged that Oiler then laundered those funds by conducting numerous financial transactions, including sending cash to the unindicted coconspirator and a now-retired agent of the PA Attorney General’s Office Bureau of Narcotics Investigations Mobile Street Crimes Unit. That agent, Timothy B. Riley, previously pled guilty to participating in the conspiracy and awaits sentencing. Oiler netted about $400,000 of the proceeds.
The investigation began after Riley was notified on June 24, 2015, by an unindicted coconspirator about a large amount of cash from a coast-to-coast marijuana trafficking organization. Riley and other members of the Mobile Street Crimes Unit met the unindicted coconspirator at a truck stop in Carlisle, Pennsylvania to seize cash out of the truck. The amount seized was $1,770,650. The unindicted coconspirator provided information about the marijuana trafficking organization for which he was transporting the cash. An investigation of that drug trafficking organization revealed the amount of cash in that shipment was $2,590,000, and an allegation was made that Agents had stolen more than $800,000 from the shipment when it was seized. To ensure a full investigation was undertaken, the PA Attorney General referred the matter to the Federal Bureau of Investigation.
The FBI, joined by Internal Revenue Service – Criminal Investigations, conducted a full investigation, revealing more than $800,000 was stolen by the driver of the truck who turned the rest of the money in, aided by Oiler. After the seizure, Timothy B. Riley received three cash payments from the driver, totaling $48,000. Riley then deposited and conducted other financial transactions with that money, knowing it was stolen proceeds of drug trafficking. Oiler conducted financial transactions with more than $240,000 of the proceeds.
The case was investigated by the Harrisburg Offices of the Federal Bureau of Investigation and Internal Revenue Service, Criminal Investigation, with the full assistance of the Pennsylvania Office of Attorney General. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Canadian Man Sentenced to 18 Years’ Imprisonment for Multi-Million Dollar Fraud Targeting U.S. LawyersRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Henry Okpalefe, age 50, currently incarcerated and formerly of Toronto, Ontario, Canada, was sentenced to 216 months’ imprisonment and three years’ supervised release by United States District Court Judge John E. Jones, III, for conspiracy to commit mail fraud, wire fraud and money laundering. Okpalefe was convicted on March 30, 2017, after a three-day bench trial before Judge Jones.
According to United States Attorney David J. Freed, between 2008 and 2010, Okpalefe and his co-conspirators stole over $23 million from hundreds of lawyers and law firms in the Middle District of Pennsylvania and nationwide. Under the guise of seeking legal representation, the conspirators contacted attorneys and law firms in the United States using fake email accounts. Once an attorney or law firm agreed to represent the purported client, the conspirators sent bank checks through the mail and instructed them to deposit the money into their IOLTA accounts. From there, the attorneys were provided with wire instructions and they wired their legitimate funds to Asian bank accounts. Before the counterfeit checks were returned as fraudulent, the money had already been withdrawn by co-conspirators in Asia and distributed to conspirators’ bank accounts in Nigeria and Canada. Okpalefe and his co-conspirators operated in Canada, Nigeria, Japan and South Korea.
Judge Jones ordered Okpalefe to pay $23 million in restitution to the victims and to forfeit $504,787.
The case was investigated by the United States Secret Service, the Federal Bureau of Investigation and the United States Postal Inspection Service. The Toronto Strategic Partnership and the Toronto Police Service provided integral assistance in the investigation and prosecution of the case. The Justice Department's Office of International Affairs provided assistance with the investigation. Assistant United States Attorneys Chelsea Schinnour and Kim Douglas Daniel prosecuted the case.
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Tobyhanna Woman Pleads Guilty to Making Straw Purchases of FirearmsRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kassandra Mattox, age 25, of Tobyhanna, Monroe County, pleaded guilty on August 1, 2018, before United States District Court Senior Judge A. Richard Caputo to making false statements to a federally licensed firearms dealer in connection with the purchase of multiple firearms.
According to United States Attorney David J. Freed, Mattox admitted to providing false information regarding the purchase of two firearms from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on October 27, 2016. One of the firearms purchased by Mattox was recovered by police during a traffic stop in Monroe County involving another individual. Mattox was previously indicted by a grand jury in September 2017.
A sentencing date for Mattox has not yet been scheduled.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Investigators from the Pennsylvania State Police and the Pocono Mountain Regional Police Department also participated in the investigation. Assistant U.S. 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 maximum penalty under federal law for these offenses is ten years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Man Sentenced to Seven Years in Prison for Armed Robbery of Efuel Gas StationRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Amod Phillips, age 28, of Scranton, Pennsylvania, was sentenced on July 31, 2018, by United States District Court Judge Malachy E. Mannion to serve seven years’ imprisonment for the armed robbery of the EFuel gas station located on Pittston Avenue in Scranton.
According to United States Attorney David J. Freed, Phillips previously pleaded guilty to the charge of brandishing a firearm in furtherance of a crime of violence. Phillips and another individual, Durrell Davenport, age 28, also of Scranton, were indicted by a grand jury in November 2017 for the armed robbery of the EFuel gas station on June 8, 2017. Approximately $266 and several packs of cigarettes were taken in the robbery. Davenport is currently awaiting sentencing.
In addition to the prison term, Judge Mannion ordered that Phillips be supervised by a probation officer for three years upon release from prison.
The investigation was conducted by the Scranton Police Department, the Bureau of Alcohol, Tobacco and Firearms, and the Federal Bureau of Investigation. Assistant United States Attorney Robert J. O’Hara 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.
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Perry County Husband and Wife Sentenced to Combined 47 Years in Prison for Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Betty Jo Eckenberger, age 32, and James David Eckenberger, age 43, of Perry County were sentenced on August 1, 2018, by United States District Court Judge Yvette Kane for child exploitation crimes. Betty Jo Eckenberger was sentenced to 17 years’ imprisonment followed by 15 years of supervised release. James Eckenberger was sentenced to 30 years’ imprisonment followed by 15 years of supervised release.
According to United States Attorney David J. Freed, the Eckenbergers sexually assaulted minors between 2008 and 2011, and took photographs of those assaults. Both defendants were ordered to forfeit all electronic equipment used to take the images.
This case was investigated by the Pennsylvania State Police with the assistance of the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Lackawanna Man Charged with Stealing Student Incentive Gift CardsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joel Hunsicker, age 37, of Scranton, Pennsylvania was charged on July 31, 2018, in a criminal information with stealing student incentive gift cards.
According to United States Attorney David Freed, Hunsicker was in charge of counseling youths at the PA CareerLink in Lackawanna County. During the course of five years as a student counselor, Hunsicker stole more than $6,500 worth of federally funded gift cards intended for student rewards, Hunsicker used those cards for his own personal benefit.
The case was investigated by the U.S. Department of Labor, Office of the Inspector General. Assistant United States Evan Gotlob 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 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Director of Marketing and Merchandising for Pa-Liquor Control Board Sentenced to Two Years’ Probation and Six Months’ House Arrest for Honest Services Fraud SchemeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that James H. Short, Jr., age 53, of Harrisburg, Pennsylvania, the former Director of Marketing and Merchandising for the Pennsylvania Liquor Control Board (PA-LCB) was sentenced on July 31, 2018, to two years’ probation and six months of house arrest by U.S. District Court Judge Sylvia H. Rambo, for a scheme to defraud the state, its citizens and the PA-LCB of their right to his honest services as a public official through bribes, kick-backs and concealing information.
According to United States Attorney David J. Freed, Short served as the Director of Marketing and Merchandising from approximately 2003 to 2012, and supervised the process through which alcoholic beverages are selected and acquired for sale in Pennsylvania’s state-run liquor stores. Between 2002 and 2012, Short received benefits from a distributor and a manufacturer of alcoholic beverages sold in Pennsylvania’s stores. These benefits included all-expense paid golf trips, cash, gift cards, meals, and other benefits. As Director of Marketing and Merchandising for the PA-LCB, Short supervised the process of recommending to the PA-LCB which new products should be sold and which products should no longer be sold in Pennsylvania’s 500 state-run liquor stores.
Short pled guilty to the charge of Honest Services Mail Fraud in September 2015.
The case was investigated by the Harrisburg Office of the FBI. Assistant United States Attorney Michael A. Consiglio prosecuted the case. The case initially was brought by the Pennsylvania Ethics Commission which found that Short violated the Pennsylvania Ethics act when he accepted certain things of value charged in the present federal case.
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New York Man Sentenced to 53 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 27, 2018, United States District Court Judge Malachy E. Mannion sentenced John Maybank, age 25, of Bronx, New York, to 53 months’ imprisonment and three years of supervised release for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Maybank pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately January 2016 through February 2017. Maybank admitted to working as a drug dealer in the conspiracy, and to transporting narcotics from New York to Pennsylvania. Maybank trafficked in excess of 280 grams of crack cocaine and 600 grams of heroin, the latter of which is the equivalent of approximately 24,000 potentially fatal doses of heroin.
Maybank was charged in June 2017 with 14 other individuals. All of his co-defendants have pleaded guilty, with five 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 approximately one month of imprisonment; and
- William Waring of Bronx, New York, was sentenced to 60 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 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 also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Inmate Indicted for Assaulting Two Correctional OfficersRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Benito Flores, age 38, an inmate at United States Penitentiary Allenwood (USP Allenwood), Allenwood, Pennsylvania, was indicted on July 26, 2018, by a federal grand jury for assaulting two correctional officers.
According to United States Attorney David J. Freed, the indictment alleges that on June 4, 2017, Flores kicked and elbowed correctional officers while they performed their official duties.
The case was investigated by the Federal Bureau of Investigation and USP Allenwood. Assistant U.S. 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 maximum penalty under federal law for each offense is eight years of imprisonment, $250,000 fine, and a three year term of supervised release. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Women Charged with Maintaining A Drug-Involved PremisesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Phiniqua Moore, age 19, of Harrisburg, Pennsylvania, was charged on July 27, 2018, in a criminal information with maintaining a drug-involved premises.
According to United States Attorney David J. Freed, the information alleges that between November 2017 and December 2017, Moore maintained premises located on Hunter Street in Harrisburg for the purpose of distributing cocaine base and marijuana.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City 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.
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 imprisonment for 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Individuals Sentenced for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 24, 2018, United States District Court Judge Malachy E. Mannion sentenced William Waring and Tanay Jones, both of Bronx, New York, for conspiring to distribute heroin, crack cocaine, and fentanyl. Waring, age 27, was sentenced to five years’ imprisonment and four years of supervised release following that sentence of imprisonment. Jones, age 26, received a time served sentence of approximately one month, and three years of supervised release.
According to United States Attorney David J. Freed, Waring and Jones both pled guilty to conspiring to distribute controlled substances in Pennsylvania between approximately July 2016 through February 2017. Waring admitted to working as a drug dealer in the conspiracy, and that he trafficked in excess of 60 grams of crack cocaine and in excess of 100 grams of heroin, the latter of which is the equivalent of 4,000 potentially fatal doses of heroin. Jones admitted that she served as a drug courier in the conspiracy, transporting narcotics from New York to Pennsylvania by secreting them in her body cavities. She admitted to trafficking in excess of 28 grams of crack cocaine and in excess of 100 grams of heroin, the latter of which again is the equivalent of 4,000 potentially fatal doses of heroin.
Waring and Jones were charged in June 2017 with 13 other individuals. All of their co-defendants have pleaded guilty, with three 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; and
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and the Luzerne County Drug Task Force. Assistant U.S. 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.
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.
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North Carolina Man Sentenced to over 15 Years’ Imprisonment for Possession with Intent to Distribute HeroinRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Alshaqah Tariq Powell, age 45, of North Carolina, was sentenced to 188 months’ imprisonment and five years’ supervised release by United States District Court Judge Yvette Kane for possession with intent to distribute heroin.
According to the United States Attorney David J. Freed, on November 3, 2015, Powell was traveling from North Carolina through Dauphin County on Interstate 81 when he was involved in a traffic stop by a Pennsylvania State Police trooper, leading to his arrest and the discovery of over 15,000 individual bags of heroin in his trunk. The heroin had an approximate street value of between $40,000 and $120,000.
This matter was investigated by the Pennsylvania State Police and the Drug Enforcement Agency. 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 and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Harrisburg Man Indicted for Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Isaac Sheppard, age 25, of Harrisburg, Pennsylvania, was indicted by a federal grand jury for possession with intent to distribute crack cocaine, possession of a handgun by a convicted felon, and possession of a firearm in furtherance of drug trafficking.
According to U.S. Attorney David J. Freed, the indictment alleges that Sheppard possessed with the intent to distribute cocaine base and marijuana on December 7, 2017 in Harrisburg. The indictment also alleges that Sheppard unlawfully possessed a .40 caliber, Glock handgun in furtherance of drug trafficking and as a convicted felon.
The matter was investigated by the Harrisburg Police Bureau and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford 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 for this offense 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.
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New Cumberland Man Charged with Receiving Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Earl T. Cook, Jr., age 54, of New Cumberland, Pennsylvania, was charged in a criminal information on July 24, 2018, with receipt of child pornography.
According to United States Attorney David J. Freed, the information alleges that Cook received child pornography over the internet between October 2014 and March 2015.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the receipt of child pornography charge is 20 years in prison and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 5 years. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Inmate at USP Canaan Charged with Assaulting Other Inmates and StaffRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kurt Downs, age 28, an inmate at the United States Penitentiary at Canaan, was indicted by a federal grand jury for assaulting two other inmates and assaulting correctional officers in the performance of their duties.
According to United States Attorney David J. Freed, the indictment alleges that Downs assaulted another inmate on February 15, 2018, resulting in serious bodily injury to the victim. The indictment further alleges that Downs assaulted another inmate on March 11, 2018, and assaulted, resisted, and impeded corrections officers in the performance of their duties in responding to the assault of the inmate.
The case was investigated by the Federal Bureau of Investigation and Bureau of Prisons special investigations staff. Assistant U.S. Attorney Francis P. Sempa 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 is 27 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Additional Charges Filed Against Scranton Man in Sex and Drug Trafficking CaseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton returned a third superseding indictment today charging Mark Cook, age 39, with additional counts of sex trafficking by force, fraud and coercion, and two counts of interstate prostitution.
According to United States Attorney David J. Freed, the third superseding indictment alleges Cook, who used the street name of “Lucky,” used force or coercion in connection with additional victims of sex trafficking during 2015 and October 2016. It also alleges that Cook transported another person from Pennsylvania to Connecticut for purposes of prostitution between February 25 and March 2, 2016, and on March 7, 2016 persuaded another person to travel from Pennsylvania to New York to engage in prostitution.
The third superseding indictment also contains the original charges of conspiracy to commit sex trafficking by force and coercion, previous counts of sex trafficking by force, fraud and coercion, a count of attempted sex trafficking by force, fraud, and coercion, conspiracy to distribute and possess with intent to distribute heroin, “molly,” and cocaine, distribution and possession with intent to distribute heroin and cocaine, attempted witness tampering, and wire fraud.
According to the third superseding indictment, Cook used a website to post advertisements for prostitution, rented hotel rooms in Scranton, Wilkes-Barre, and elsewhere for prostitution purposes, and used intimidation, threats, physical assaults, and illegal drugs to further the prostitution business.
The charges against Cook resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Scranton Police. Assistant U.S. Attorneys Francis P. Sempa and Jenny P. Roberts are 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 sex trafficking offenses each carry a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of life in prison. The charge of persuading another person to travel in interstate commerce for purposes of prostitution carries a maximum sentence of 20 years in prison. The interstate prostitution charge carries a maximum sentence of 10 years in prison. The drug charges and attempted witness tampering charge each carry a potential maximum sentence of 20 years in prison. The wire fraud charge carries a potential maximum sentence of 30 years in prison, and the attempted witness tampering count carries a potential maximum sentence of 20 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Schuylkill County Clerk of Courts Charged with FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Steven M. Lukach, Jr., age 68, of Nesquehoning, Pennsylvania, was indicted by a federal grand jury on twenty counts of mail and wire fraud and manufacturing records to obstruct an investigation. He was arrested by federal agents this morning and appeared in federal court in Scranton and entered a not guilty plea to the charges. He was released on pre-trial supervision pending trial which was not scheduled.
According to United States Attorney David J. Freed, Lukach served as the Clerk of Courts for Schuylkill County for approximately 27 years. The indictment alleges that in 2013-2014, county auditors with the Controller’s Office began an in depth examination of the Clerk’s Office and discovered misappropriation of funds by Lukach. An FBI investigation ensued and while the audit was going on, Lukach allegedly interfered with the audit by stealing mail that was sent to banks, forged records and sent the fake bank records to the Controller’s Office, in an effort to conceal his thefts.
The indictment also alleges that Lukach stole funds from various court accounts for his own personal purposes, such as paying a family member’s credit card bill, paying for meals, making car payments, and other personal expenses.
The case was investigated by the Pennsylvania State Police, the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Michael Consiglio.
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 each of these offenses is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lewisburg Man Sentenced to 25 Years’ Imprisonment for Sexual Exploitation of A MinorRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tony A. Vonneida, age 63, of Lewisburg, Pennsylvania, was sentenced to 25 years’ imprisonment and 20 years of supervised release by United States District Court Judge Brann for sexual exploitation of a minor.
According to United States Attorney David J. Freed, in 2014, Vonneida coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. Vonneida committed the acts while he was required to register as a sex offender under Pennsylvania law. Vonneida also knowingly possessed digital images that contained images of child pornography including minors who had not attained 12 years of age that had been mailed, or shipped or transported in interstate commerce.
The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Buffalo Valley Regional Police Department. Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Luzerne County Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandon Diggs, age 28, of Kingston, Pennsylvania, was indicted on July 10, 2018, by a federal grand jury for drug trafficking and firearms offenses. The indictment was unsealed today following Diggs’ arraignment before United States District Court Judge Malachy E. Mannion. Diggs was detained pending trial.
According to United States Attorney David J. Freed, the indictment alleges that Diggs possessed with the intent to distribute heroin, and possessed a 9mm Springfield Arms handgun as a convicted felon on June 9, 2018, in Luzerne County.
The matter was investigated by the Bureau of alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kingston Police. 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine for the gun offense. That charge also carries a mandatory minimum sentence of 15 years’ imprisonment. The maximum penalty for the drug offense is 20 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.
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Guatemalan National Charged with Transporting More Than A Kilogram of HeroinRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Cesar Moscoso-Sagastume, age 37, of Guatemala, was indicted on July 10, 2018, by a federal grand jury for conspiring with others to distribute and possess with intent to distribute more than a kilogram of heroin between November 2017 and the present in Luzerne County. The indictment was unsealed today following Moscoso-Sagastume’s arraignment before United States Magistrate Judge Karoline Mehalchick. Moscos-Sagastume was detained pending trial.
According to United States Attorney David J. Freed, the indictment alleges that Moscoso-Sagastume and his co-conspirators obtained heroin from suppliers in Mexico and transported the heroin from Chicago to New York City. The defendant is also charged with possessing more than a kilogram of heroin with the intent to distribute it on February 13, 2018, in Luzerne County.
The charges stem from an investigation by special agents of the Drug Enforcement Administration and the Pennsylvania State Police. 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine for each offense. Each charge also carries a mandatory minimum sentence of 10 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.
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Illinois Man and Florida Man Sentenced for Delivery of Misbranded DrugsRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced that Paul Leix, age 36, of Bloomingdale, Illinois and Thomas Keightly, age 35, of Palm Beach Gardens, Florida, were sentenced today by United States District Court Judge Yvette Kane for conspiracy to commit money laundering and delivery of altered or misbranded drugs by fraud. Leix was sentenced to four months’ imprisonment and Keightly was sentenced to 10 months’ imprisonment.
According to United States Attorney David J. Freed, Leix along with co-defendant, Dominic Pileggi, were involved in a business, L&P Trading, which used the internet to market and distribute peptides (a type of amino acid), along with other bodybuilding chemicals, to individuals seeking to enhance their physiques. Leix marketed these products on his website while providing a disclaimer that the substances were not for human consumption and use (for research purposes only). Customers who visited the website seeking these products for bodybuilding purposes would falsely attest that they were buying the chemicals for research purposes. Leix knew that the buyers were lying about what they would do with the chemicals. By marketing the products to the online bodybuilding community, Leix knew that purchasers would use the products for personal consumption rather than research. The “research only” disclaimer was a device to circumvent the regulatory authority of the Food and Drug Administration (FDA). L&P Trading advertised on body-building billboards and sites and Leix was not properly licensed or had the required approvals to manufacture, sell or prescribe these products.
Leix also sold these drugs and their chemical components to other illegal distributors and manufacturers, including Total Trading, LLC, a company owned and operated by Keightly, located in Lebanon County, that, in turn, sold directly to end users in the same manner.
Pileggi was convicted by a federal jury on June 7, 2018, of conspiracy to commit money laundering and introduction of misbranded drugs into interstate commerce. Pileggi is awaiting sentencing.
“We commend our partners at IRS Criminal Investigation for uncovering this fraudulent scheme to undermine the FDA’s mission to ensure that prescription drugs are safely manufactured and dispensed,” said U.S. Attorney Freed. “These prosecutions send a strong message that operation of clandestine laboratories such as the ones used by these defendants will be prosecuted and legally compelled to forfeit their illegal proceeds.”
“These defendants engaged in illegal on-line sale of misbrand prescription Drugs,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Through false representations, they were able to perpetrate this scheme; and through our forensic accounting and financial investigative skills, we were able to stop them in their tracks and bring them to justice.”
The cases were investigated by the Internal Revenue Service Criminal Investigation. Assistant United States Attorney Joseph Terz prosecuted the cases.
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Hazleton Man Pleads Guilty to Making Straw Purchases of FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Arce Nunez, age 26, of Hazleton, Pennsylvania, pleaded guilty today before United States District Court Judge Robert D. Mariani to the charge of making false statements to a federally licensed firearms dealer.
According to United States Attorney David J. Freed, Nunez admitted to providing false information regarding the purchase of three firearms from Nimrod Haven Sporting Goods, in Hanover Township, Luzerne County, on February 15, 2016. One of the firearms purchased by Nunez was later recovered by police in Puerto Rico.
A sentencing date for Nunez has not yet been scheduled.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. 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 maximum penalty under federal law for these offenses is ten years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Schuylkill County Man Indicted for Threatening the President and OthersRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shawn Christy, age 27, of McAdoo, Pennsylvania, was indicted by a federal grand jury on July 10, 2018, for threatening to harm President Donald J. Trump, and law enforcement officers.
According to United States Attorney David J. Freed, the indictment alleges that Christy posted the threats on Facebook between June 3 and 12, 2018. It is alleged that Christy posted that he was going to shoot President Trump in the head, and that he was going to use “lethal force” on any law enforcement officer that attempts to detain him as a result of a bench warrant that was issued for him. The indictment alleges that Christy also threatened to injure another person by posting “Your a dead man….Lets play.”
The threat to President Trump is being investigated by the United States Secret Service, and the other threats are being investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa 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 each offense is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Pleads Guilty to Unlawful Possession of A FirearmRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tremayne James, age 24, of Harrisburg, Pennsylvania, pled guilty on July 10, 2018, before United States District Court Judge Sylvia H. Rambo to unlawful possession of a firearm by a convicted felon.
According to U.S. Attorney David J. Freed, James possessed a loaded .40 caliber, Smith and Wesson firearm in his Harrisburg residence on December 7, 2017. James’ 10 year-old nephew found the firearm and it accidentally fired, striking the boy’s six year-old sister in the chest. The victim was treated at the Hershey Medical Center and survived.
The case was investigated by the Harrisburg Police Bureau and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford 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 maximum penalty for this offense is up to 10 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Keion Griffin, age 23, of Harrisburg, Pennsylvania, was indicted on July 11, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Griffin possessed with intent to distribute cocaine base and marijuana on April 15, 2017, in Swatara Township. The indictment also alleges that Griffin possessed multiple handguns in furtherance of drug trafficking.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Swatara Township 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 life, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Indiana Residents Charged with Robbery of Scranton PharmacyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Coreon House, age 20, Rashad Coleman, age 25, and Nicola Dunlap, age 21, all of Indianapolis, Indiana, were indicted on July 10, 2018, by a federal grand jury on one count of conspiracy to commit robbery of a pharmacy, one count of armed robbery of a pharmacy and one count of brandishing a firearm in furtherance of a crime of violence.
According to United States Attorney David J. Freed, the indictment alleges that on May 21, 2018, House, Coleman and Dunlap took numerous bottles of pills, including oxycodone, morphine and xanex, from the CVS Pharmacy, located on Moosic Street in Scranton. The indictment further charges House, Coleman and Dunlap for use of a firearm during and in furtherance of a crime of violence.
The investigation was conducted by the Federal Bureau of Investigation, the Scranton Police Department and the Pennsylvania State Police. Assistant United States Attorney Robert J. O’Hara 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 for the armed robbery charge under federal law is 25 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. The charge of brandishing a firearm in furtherance of a crime of violence carries a mandatory minimum sentence of seven years, consecutive to any other 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.
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Northeastern Pennsylvania Doctor Ordered Detained Pending SentencingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Dr. Fuhai Li, age 53, of Milford, Pennsylvania, has surrendered to the U.S. Marshals in Scranton following an order for detention issued by Senior U.S. District Court Judge A. Richard Caputo on July 10, 2018.
According to United States Attorney David J. Freed, Dr. Li was found guilty on June 4, 2018 of unlawfully prescribing oxycodone and other opioids to 23 former patients, including a Honesdale woman who died as a result of using the pills, after a five-week trial before Judge Caputo. The jury also convicted Dr. Li of unlawfully prescribing oxycodone to a pregnant woman outside the usual course of medical practice and not for a legitimate medical purpose. That woman gave birth to an opioid-dependent baby 11 days after Dr Li prescribed her 120 oxycodone 30 milligram tablets. A neo-natal specialist testified that the baby spent ten days in intensive care withdrawing from the oxycodone prescribed to his mother by Dr Li.
During the trial, prosecutors from the U.S. Attorney’s Office presented the testimony of 19 former patients and three former employees of Dr. Li, eight pharmacists, three other physicians, an expert on pain management, the medical records for 39 former patients of Dr Li, and the testimony of federal law enforcement agents and investigators from the Drug Enforcement Administration (DEA) and its Diversion Division, and Internal Revenue Service (IRS) special agents.
The jury found that Dr Li repeatedly prescribed oxycodone and other opioids outside the usual course of medical practice and not for a legitimate medical purpose.
After the jury’s verdict, prosecutors asked that Dr. Li be immediately detained pending sentencing, which is scheduled for September 2018. Judge Caputo released Dr. Li under conditions which included electronic monitoring by the U.S. Probation Office. U.S. Attorney Freed appealed the release order to the Third Circuit Court of Appeals. In response to an Order of the Third Circuit issued on July 9, 2018, Judge Caputo vacated his previous order releasing Dr. Li and ordered him detained pending sentencing.
The four-year long investigation of this case was conducted by the Drug Enforcement Administration (DEA) and its Diversion Division, the Internal Revenue Service’s Criminal Investigation Division, and the Pike County District Attorney’s Office. Assistant U.S. Attorneys Michelle Olshefski, Francis P. Sempa, and Evan Gotlob 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 and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The drug distribution resulting in death charge also carries a mandatory minimum penalty of 20 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.
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Rhode Island Man Guilty of Large Scale Drug TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Angel Prado, age 46, of Providence, Rhode Island, pleaded guilty on July 9, 2018, to possession with intent to distribute more than a kilogram of heroin before U.S. District Court Judge Robert D. Mariani.
According to United States Attorney David J. Freed, Prado admitted to transporting six kilograms of heroin (which is equivalent to approximately 240,000 retail bags of heroin) from Chicago to the Middle District of Pennsylvania. The six kilograms of heroin were seized from a vehicle Prado was driving on Interstate 80 in Monroe County by members of the Pennsylvania State Police on December 19, 2013.
Judge Mariani ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
Prado was indicted by a federal grand jury in July 2015, following an investigation by the Drug Enforcement Administration and the Pennsylvania State Police. Assistant U.S. Attorneys Francis P. Sempa and Phillip Caraballo are 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.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The charge also carries 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.
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Dauphin County Woman Charged with Tax EvasionRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Diane M. Fabian, age 67, of Middletown, Pennsylvania, was charged in a criminal information on July 5, 2018, with tax evasion.
According to United States Attorney David J. Freed, the information alleges that from 2011 through 2015, Fabian filed tax returns that understated her income resulting in a total tax due and owing to the United States of $45,100.
The case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
Criminal informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for five years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lackawanna County Man Pleads Guilty to Drug Distribution Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew McCollum, age 34, of Scranton, Pennsylvania, pled guilty on July 2, 2018, before Senior United States District Court Judge A. Richard Caputo for drug distribution resulting in death.
According to United States Attorney David J. Freed, McCollum pled guilty to unlawful distribution of heroin and fentanyl resulting in death. McCollum was indicted along with Josthan Cardona, age 26, and Holly Kaszuba, age 43, both of Scranton, by a grand jury in Scranton on August 23, 2017. Kaszuba is charged with the distribution of heroin and fentanyl resulting in death. Cardona is charged with the distribution of heroin and fentanyl resulting in two deaths and one overdose. The two deaths and the overdose occurred in December 2015. Cardona and Kaszuba are scheduled for trial on October 1, 2018.
The investigation was conducted by the Drug Enforcement Administration – Scranton Office, the Dunmore and Scranton Police Departments, and the Lackawanna County District Attorney’s Office. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 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.
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Hazleton Man Sentenced to Three Years in Prison for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ryan Hunsinger, age 28, of Hazleton, Pennsylvania was sentenced on July 3, 2018, to serve 36 months’ imprisonment by U.S. District Court Judge Robert D. Mariani, for trafficking in heroin in January 2016.
According to United States Attorney David J. Freed, Hunsinger previously pleaded guilty to possession with intent to distribute more than 100 grams of heroin. Hunsinger admitted to obtaining more than 19,000 bags of heroin from suppliers in Philadelphia and bringing the heroin to Hazleton with the intent to distribute it.
Hunsinger was indicted by a federal grand jury in February 2016, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, and Hazleton Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
Judge Mariani also ordered Hunsinger to serve three years on supervised release following his prison sentence.
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.
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Carbon County Man Sentenced to over Seven 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 Michael Baldwin, age 21, of Nequehoning, Pennsylvania, was sentenced on July 2, 2018, to 95 months’ imprisonment by Senior United States District Court Judge A. Richard Caputo for sexual exploitation of children.
According to United States Attorney David J. Freed, from February 2017 through July 2017, Baldwin received, distributed, and possessed videos and visual depictions of minors, some under the age of 12, engaged in sexually explicit conduct.
Senior Judge Caputo also ordered Baldwin to be placed under supervision by a probation officer for the rest of his life.
Baldwin was indicted by a federal grand jury on November 7, 2017, after an investigation conducted by United States Homeland Security Investigations – Philadelphia Division. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc for more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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York Gang Member Sentenced to 30 Years in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that U.S. District Court Judge Yvette Kane sentenced Anthony Sistrunk, a/k/a “Kanye,” age 30, a member of a gang that has operated for a decade or more in the City of York, to 30 years’ imprisonment for racketeering and drug distribution conspiracies.
According to United States Attorney David J. Freed, Sistrunk was identified as a member of the “Southside” street gang and the “Bloods.” The United States presented evidence at the sentencing hearing on Sistrunk’s involvement in the violent gang activity that was the subject of the two-month long trial. Judge Kane was reminded that in November 2012, Sistrunk and his fellow gang members were involved in the assault and killing of a patron at a local restaurant.
In addition, Sistrunk was involved in the July 8, 2007, murder of Michael Concepcion in the City of York. While evidence of this murder was not presented at Sistrunk’s federal racketeering trial, the United States introduced evidence of this event at his sentencing. The evidence presented showed that on that Sunday morning Sistrunk and a fellow gang member drove through back alleys of a rival’s neighborhood. Sistrunk’s companion shot an assault rifle at rivals, killing one and injuring a four-year old girl who was sitting in her home. Juan Henriquez, who was the shooter, is currently serving a 20-40 year sentence in state prison for third degree murder.
Judge Kane noted that the violence associated with the gang was some of the worst the city had ever scene. Even with the prospect of a life sentence pending before him in this federal case, Sistrunk continued with his associations and activities. While facing sentencing, prison guards searched Sistrunk’s cell and found him in possession of a cellular telephone that had been smuggled into the prison. They also found marijuana under his bed. Judge Kane noted that while Sistrunk fully deserved a life sentence, she was concerned about sentencing disparity with other defendants. The judge found that 30 years in prison was enough time in prison to reform Sistrunk and protect the public.
In November 2015, a jury convicted Sistrunk of racketeering conspiracy, drug trafficking conspiracy, and drug trafficking after a seven-week trial. It included over 100 witnesses called by the government, including York City Police officers and detectives, federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI and gang members who had previously pleaded guilty and featured the presentation of over 500 exhibits. Among the exhibits were videos of violent incidents involving the Southside Gang, drugs, cash and property seized by police and ATF agents as part of the investigation.
The jury also convicted the other 11 men who went to trial with Atkinson.
Overall, the jury found seven of the 12 men on trial guilty of racketeering conspiracy and conspiracy to distribute drugs, mainly cocaine base (crack) and cocaine, but including heroin in some instances. Two others were found not guilty of the racketeering charge but were found guilty of the drug distribution conspiracy count of the indictment. Three of the defendants were found not guilty of either of the conspiracy counts. The jury found all 12 defendants guilty of possession of illegal drugs with the intent to distribute. Two defendants were also charged and found guilty of, possession of firearms in furtherance of drug trafficking.
The principal defendants, specifically the most violent and those in leading roles, were found guilty of the racketeering conspiracy charges. The individual defendants and the charges on which they were sentenced:
Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 3, 2017, to life in prison.
Marc Hernandez, a/k/a “Marky D,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 25, 2017, to life in prison.
Douglas Kelly, a/k/a “Killer,” age 39, racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 12, 2017, to life in prison.
Maurice Atkinson, a/k/a “Mo,” age 30; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on February 12, 2018, to life in prison.
Roscoe Villega, a/k/a “P Shawn,” age 44; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 25 years in prison.
Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 200 months in jail on December 7, 2017,
Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 165 months in jail on December 21, 2017,
Richard Nolden, age 28; racketeering conspiracy was sentenced to 25 years in prison on December 21, 2017,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced to 33 months in prison on June 5, 2017,
Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced to 34 months in prison on November 10, 2016,
Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced to 60 months in prison on May 15, 2017.
The individual defendants and the charges on which they are awaiting sentencing:
Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Southside gang members who pleaded guilty to racketeering conspiracy prior to the trial are and who are awaiting sentencing are:
James Abney, a/k/a “Doocs,” age 31.
Malik Sturdivant, a/k/a “Base,” age 25.
Jahkeem Abney, a/k/a “Foo,” age 27.
Ronald Payton, a/k/a “Ron Ron,” age 25.
Cordaress Rogers, a/k/a “Tank,” age 31.
Marquis Williams, a/k/a “Quis,” age 29.
Jerrod Brown, a/k/a “Boogie,” age 28.
Quintez Hall, a/k/a “Q,” age 25.
The case included the participation and assistance of the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, the Federal Bureau of Investigation, and the U.S. Marshals Service. Assistant U.S. Attorneys Michael A. Consiglio, William Houser, and Joseph Terz 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.
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Monroe County Woman Sentenced to 2 ½ Years in Prison 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 Shawnette Isaac, age 41, of East Stroudsburg, Pennsylvania, was sentenced to serve 30 months’ imprisonment today by Senior U.S. District Court Judge James M. Munley, for her role in a heroin and cocaine trafficking conspiracy that operated in Monroe County during 2012 through 2015.
According to United States Attorney David J. Freed, Isaac previously pleaded guilty to conspiracy to distribute heroin and cocaine. Isaac admitted to traveling to New Jersey on several occasions to obtain a total of more than 80 grams of heroin, which is equivalent to approximately 3,000 retail bags of heroin, for distribution to others in the Monroe County area. Isaac also distributed heroin for the conspiracy in Monroe County.
Isaac was one of seven defendants indicted by a federal grand jury in March 2015. Six of those defendants have entered guilty pleas, including Daryl Trent who was sentenced earlier this week to 90 months’ imprisonment by Judge Munley.
Judge Munley also ordered Isaac to serve three years on supervised release following her prison sentence.
The charges against Isaac and the other defendants resulted from an investigation by special agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and local police in Monroe County. 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.
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Hazleton Man Sentenced to 33 Months in Prison for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Antonio Perez, age 46, of Hazleton, was sentenced to 33 months’ imprisonment and three years on supervised release on June 28, 2018, by U.S. District Court Judge Malachy E. Mannion for distributing heroin.
According to United States Attorney David J. Freed, Perez previously admitted to selling heroin to another person on July 2, 2014, in Hazleton. Perez sold slightly less than 100 grams of heroin, which is equivalent to just under 4,000 retail bags of heroin.
Perez was indicted by a grand jury in October 2014, following an investigation by the Federal Bureau of Investigation and the Scranton Police Department. 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.
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National Healthcare Fraud Takedown Results in Charges Against 601 Individuals Responsible for $2 Billion in Fraud LossesRead the Press Release
HARRISBURG - Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $2 billion in false billings. Of those charged, over 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 587 providers, including doctors, nurses and pharmacists.
Attorney General Sessions and Secretary Azar were joined in the announcement by Acting Assistant Attorney John P. Cronan of the Justice Department’s Criminal Division, Deputy Director David L. Bowdich of the FBI, Assistant Administrator John Martin of the Drug Enforcement Administration (DEA), Inspector General Daniel R. Levinson of the HHS Office of Inspector General (OIG), Deputy Chief Eric Hylton of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Director Dermot F. O’Reilly of the Defense Criminal Investigative Service (DCIS).
Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.
The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid related overdose.
“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Sessions. “In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes. That’s why this Department of Justice has taken historic new steps to go after fraudsters, including hiring more prosecutors and leveraging the power of data analytics. Today the Department of Justice is announcing the largest health care fraud enforcement action in American history. This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud. I want to thank our fabulous partners with the FBI, DEA, our Health Care Fraud task forces, HHS, the Defense Criminal Investigative Service, IRS Criminal Investigation, Medicare, and especially the more than 1,000 federal, state, local, and tribal law enforcement officers from across America who made this possible. By every measure we are more effective at finding and prosecuting medical fraud than ever.”
“The level of this public health crisis demands extraordinary efforts in the areas of Health Care Fraud and Drug Diversion,” said United States Attorney David J. Freed. “We will not waver in our efforts to reduce the amount of drugs on our streets and the deaths that so often follow their over prescription and misuse. Today’s nationwide takedown involving substantial cooperation across federal and state agencies helps us send a strong message: This must stop.”
“Every dollar recovered in this year’s operation represents not just a taxpayer’s hard-earned money—it’s a dollar that can go toward providing healthcare for Americans in need,” said HHS Secretary Azar. “This year’s Takedown Day is a significant accomplishment for the American people, and every public servant involved should be proud of their work.”
“Health care fraud is not a victimless crime – it affects every one of us,” said Maureen Dixon, Special Agent in Charge for the U.S. Department of Health & Human Services Office of Inspector General. “We will continue to work with our law enforcement partners to bring these criminals to justice, return stolen dollars back to our government health care programs, and protect our most vulnerable citizens.”
“The distribution of controlled substance medications for no legitimate medical purpose by a registrant and individuals seeking to obtain them by fraud or forgery is a tremendous threat to the community in which these medications are diverted,” said Jon Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “The DEA will continue to investigate any registrant suspected of misusing or abusing their privileges as well as any individual that is seeking to obtain these medications by fraud or other unlawful means. DEA greatly appreciates the coordinated efforts of all the agencies participating in this investigation.”
“Not only did Doctor Stremmel prescribe controlled substances to patients outside of medical necessity, he also falsified records in order to cover his tracks in patient files,” Attorney General Josh Shapiro said. “Thanks to U.S. Attorney David Freed’s office and cooperation with our other law enforcement partners, this man will be held accountable.”
According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings. Because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims, aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
The United States Attorney's Office for the Middle District of Pennsylvania charged Robert L. Stremmel, age 74, of York, Pennsylvania on June 27, 2018, with dispensing opiates and amphetamines outside the course of a professional practice and not for a legitimate medical purpose. The indictment alleges that between July 2013 and January 2018, Stremmel distributed to one person more than 21,000 tablets of oxycodone and dextroamphetamine-amphetamine, both Schedule II controlled substances. The indictment also charges Stremmel with prescribing Xanax, codeine, and Tramadol, Schedule IV and V controlled substances. It is alleged that Stremmel intentionally prescribed these controlled substances outside the usual course of professional practice and not for a legitimate medical purpose. The indictment further charged Stremmel with making a false statement related to a health care matter for allegedly falsifying medical records in conjunction with a Medicare claim.
Diversion Investigators with the Drug Enforcement Administration, Special Agents with the Office of Inspector General for the Department of Health and Human Services and Special Agents with the Pennsylvania Office of Attorney General-Medicaid Fraud Control Section conducted this investigation with assistance from the East Lampeter Township Police Department.
Also charged in four indictments were ten residents of Cumberland and Perry County with obtaining possession of oxycodone, a Schedule II Controlled Substance, by misrepresentation, fraud and forgery. Charged in the indictments are:
- Pauline M. Wolfe, age 62, of Carlisle, PA;
- Bruce A. Greenwald, age 40, Mechanicsburg, PA;
- Angela L. Greenwald, age 40, Mechanicsburg, PA;
- Charles J. Greenwald, age 31, of Carlisle, PA;
- Heather Amanda Wolfe, age 27, of Carlisle, PA;
- Megan Nico Bergstresser, age 31, Carlisle, PA;
- Amy Beth Jones, age 32, Mechanicsburg, PA;
- Joseph Benjamin Shatto, age 28, of Carlisle, PA;
- Melissa L. Hunsicker, age 43, of Enola, PA;
- David Allen Hunsicker, age 48, of Dillsburg, PA.
The indictments allege that between December 2016, and June 2017, the defendants conspired with each other and others to create false, fraudulent and forged prescriptions for oxycodone. Several of the defendants were also charged with making false statements in connection with payment of health care benefits. The indictment also alleges several defendants used the Medicare and Medicaid program benefits to pay for the forged prescriptions they filled at area pharmacies. At least three of the defendants stole the identities of Medicare and Medicaid beneficiaries to obtain payment for the fraudulently obtained opioids. The conspiracy is alleged to have resulted in the unlawful possession of approximately 10,000 oxycodone tablets.
Special Agents of the Office of Inspector General (OIG) for the United States Department of Health and Human Services and Diversion Investigators with the Drug Enforcement Administration (DEA) conducted this investigation. On June 26, 2018, OIG, DEA, Carlisle Police Department, Mechanicsburg Police Department, Marysville Police Department, West Shore Regional Police Department, Pennsylvania State Police, Perry County Sheriff’s Department, BNI and Cumberland County Sheriff’s Department searched for and executed arrest warrants for the defendants. Assistant United States Attorney Joseph Terz is prosecuting both cases.
The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,700 defendants who collectively have falsely billed the Medicare program for over $14 billion.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Monroe County Man Sentenced to 7 ½ Years in Prison for Heroin Trafficking and Firearms OffenseRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Daryl Trent, age 43, of East Stroudsburg, Pennsylvania, was sentenced on June 27, 2018, by Senior U.S. District Court Judge James M. Munley to 90 months’ imprisonment and three years’ supervised release for trafficking in heroin and possessing a firearm in furtherance of a drug trafficking crime.
According to United States Attorney David J. Freed, Trent previously admitted to committing the drug offense on March 16, 2015, and committing the gun offense on July 25, 2014. Both crimes occurred in Monroe County. Trent admitted to possessing with intent to distribute between 10 and 20 grams of heroin, which is approximately equivalent to between 400 and 800 retail bags of heroin.
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 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.
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Maryland Man Charged with Two Armed Bank RobberiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jacob Charles LaFrance, age 28, Thurmont, Maryland, was indicted by a federal grand jury on June 27, 2018, for the armed robbery of two banks.
According to United States Attorney David J. Freed, LaFrance is alleged to have committed the armed robberies of the PNC Bank in Fairfield, Adams County, on April 25, 2018 and the M&T Bank in Blue Ridge Summit, Franklin County, on May 3, 2018. In each robbery, LaFrance is alleged to have taken money in the custody and control of the bank and to have put lives in jeopardy through the use of a dangerous weapon.
The charges stem from an investigation conducted by the Federal Bureau of Investigation with the assistance of the Frederick County (MD) Sheriff’s Office, the Carroll Valley Borough Police, and the Washington Township Police Department. Assistant United States Attorney James T. Clancy 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 for armed bank robbery is 25 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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