Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Jamaican National Indicted on Conspiracy, Mail Fraud and Money Laundering ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jennmariey Burchell, age 25, a Jamaican citizen residing in Panama City, Florida, was indicted on June 27, 2018, by a federal grand jury on 16 conspiracy, mail fraud, and money laundering charges.
Burchell was arrested on May 30, 2018, in Panama City on a complaint and warrant, and ordered detained by United States Magistrate Judge Schwab following a June 26, 2018, preliminary hearing in Harrisburg.
According to United States Attorney David J. Freed, the indictment alleges Burchell and identified and unidentified coconspirators perpetrated a scheme to defraud senior citizens, some of whom resided in the Middle District of Pennsylvania, that were falsely told they had won multi-million dollar international sweepstakes prizes. The indictment alleges the purported winners were directed to send Western Union and MoneyGram money transfers, money orders and checks to persons known as “money mules,” ostensibly to pre-pay taxes and other fictitious expenses, in order to collect the non-existent cash prizes. The Indictment further alleges that Burchell enlisted the “money mules” to receive and transfer the fraud proceeds to him and other conspirators in Jamaica.
The case was investigated by the Harrisburg Office of the United States Postal Inspection Service. Assistant United States Attorney Kim Douglas Daniel is prosecuting the case.
The United States Attorney’s Office and the United States Postal Inspection Service remind all citizens that they should never make an advance payment of any kind on the promise of a sweepstakes prize, loan or grant.
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, and could include a term of supervisory release following imprisonment, and a fine.
Mail Fraud and Money Laundering are each punishable by up to 20 years’ imprisonment. Conspiracy to commit Mail Fraud and Money Laundering carry a five-year statutory maximum.
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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Plymouth Woman Sentenced to One Year and One Day Imprisonment for Conspiring to Distribute Heroin, Crack, and FentanylRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 26, 2018, United States District Judge Malachy E. Mannion sentenced Kristyna Shotwell, age 30, of Plymouth, Pennsylvania, to one year and one day imprisonment for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Shotwell pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately July 2015 through February 2017. Shotwell admitted to serving as a courier for other members of the conspiracy, allowing members of the conspiracy to use her resident to package and sell narcotics, and selling heroin herself. Shotwell admitted that she trafficked in excess of 22.4 grams of crack cocaine and in excess of 80 grams of heroin, the latter of which is the equivalent of 3,200 potentially fatal doses of heroin.
Shotwell was charged in June 2017 with 14 other individuals. All of her co-defendants have pleaded guilty, with two others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment; and
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ 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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Luzerne County Woman Charged in Money Laundering SchemeRead the Press Release
SCRANTON - The United States Attorney's Office for the Middle District of Pennsylvania announced today that Joy Dykes, age 36, of Edwardsville, Pennsylvania was charged on June 26, 2018, in a criminal information for her participation in a money laundering scheme.
According to United States Attorney David J. Freed, the criminal information alleges that between November 2011 and February 2016, Dykes’ was involved in an on-line scheme to defraud an unsuspecting victim of money by creating multiple identities, luring the victim into a romantic relationship, and then soliciting money from the victim via threats and coercion, including the creation of a fraudulent identity of an FBI agent. The criminal information also alleges that Dykes unlawfully received approximately $124,000 from the victim of the fraud.
The case was investigated by the Internal Revenue Service, Criminal Investigation - Scranton. Assistant United States Attorney Michelle Olshefski 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 for the charge under the federal statutes 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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Franklin County Man Sentenced to over Seventeen Years’ Imprisonment for Conspiring to Distribute FentanylRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Chief United States District Court Judge Christopher C. Conner sentenced Nathan A. Ott, age 34, of Chambersburg, Pennsylvania, to 210 months’ imprisonment for conspiring to distribute fentanyl.
According to United States Attorney David J. Freed, Ott pled guilty in July 2017 to conspiring to distribute fentanyl in Chambersburg between October 2015 through May 2017.
Ott obtained kilogram quantities of fentanyl and then pressed and distributed the fentanyl pills. Ott began by using a manual pill press but was unable to keep up with demand and purchased a motorized press capable of making 5,000 pills an hour. Ott purchased the ingredients to manufacture the fentanyl pills on the internet through the “dark web.” Ott distributed the fentanyl pills via the internet and to his co-conspirators who further distributed the pills to consumers. Ott began to sell the pills over the internet, using the dark web, in March 2017.
Chief Judge Conner also ordered Ott to forfeit $164,010 in cash and 19.7128804 in Bitcoin (with a current value of approximately $120,000).
Ott was charged in July 2017 with six other individuals. All of his co-defendants are awaiting trial.
The case was investigated by the Federal Bureau of Investigation, the Franklin County District Attorney’s Office, the Franklin County Drug Task Force, the Chambersburg and the Shippensburg Police Departments and the Pennsylvania State Police. Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.
Fentanyl is a powerful synthetic opioid analgesic that is similar to morphine, but is 50 to 100 times more potent than heroin.
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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First Nationwide Undercover Operation Targeting Darknet Vendors Results in Arrests of More Than 35 Individuals Selling Illicit Goods and the Seizure of Weapons, Drugs and More Than $23.6 MillionRead the Press Release
WASHINGTON – On June 26, 2018, the Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Secret Service (USSS), the U.S. Postal Inspection Service (USPIS) and the U.S. Drug Enforcement Administration (DEA), announced the results of a year-long, coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the Darknet. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on Darknet market sites, exchanging U.S. currency for virtual currency. Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country. The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets, that lead to the arrest and impending prosecution of more than 35 Darknet vendors.
These results were announced by Deputy Attorney General Rod J. Rosenstein, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Special Agent-in-Charge Angel M. Melendez of HSI New York Field Office, Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service (USPIS) New York Division, Assistant Director Kenneth Jenkins of the U.S. Secret Service (USSS) Office of Investigations, and Special Agent in Charge James J. Hunt of the U.S. Drug Enforcement Administration (DEA) New York Division.
“Criminals who think that they are safe on the Darknet are wrong,” said Deputy Attorney General Rosenstein. “We can expose their networks, and we are determined to bring them to justice. Today, we arrested more than 35 alleged Darknet vendors. We seized their weapons, their drugs, and $23.6 million of their ill-gotten gains. This nationwide enforcement effort will reduce the supply of deadly drugs like fentanyl that are killing an unprecedented number of Americans. I want to thank our federal prosecutors, and the dedicated federal agents with DEA, Homeland Security Investigations, the Postal Inspection Service, and the Secret Service for their outstanding work.”
“The Darknet is ever-changing and increasingly more intricate, making locating and targeting those selling illicit items on this platform more complicated. But in this case, HSI special agents were able to walk amongst those in the cyber underworld to find those vendors who sell highly addictive drugs for a profit,” said HSI Executive Associate Director Benner. “The veil has been lifted. HSI has infiltrated the Darknet, and together with its law enforcement partners nationwide, it has proven, once again, that every criminal is within arm’s reach of the law.”
“Postal Inspectors and their law enforcement partners will spare no resource or expense to shine a light on the sale and distribution of illicit and dangerous items on the Darknet, that serve to destroy the lives of many through addiction and despair,” said Inspector in Charge Rendina. “Today’s announcement of our law enforcement partnership and operation sends a strong message to those who choose this illegal path, we are watching and will bring you to justice for your crimes against the American public.”
“The Secret Service is proud to work with our law enforcement partners to help combat one of the largest threats to the U.S. financial infrastructure, money laundering with virtual currency,” said U.S. Secret Service Assistant Director Jenkins. “The Secret Service continues to adapt along with these cyber criminals to maintain our level of success in stopping them.”
“At this crucial time of unprecedented drug related deaths, one of the greatest threats we face is cyber drug trafficking,” said DEA Special Agent in Charge Hunt. “Because the Darknet invites criminals into our homes, and provides unlimited access to illegal commerce, law enforcement is taking steps to identify and arrest those involved. I applaud all the agencies who participated in this groundbreaking investigation.”
The extensive operation, which culminated in four weeks of more than 100 enforcement actions around the country, resulted in the following:
- Federal arrests of more than 35 Darknet vendors who engaged in tens of thousands of sales of illicit goods;
- Execution of 70 search warrants, resulting in the seizure of massive amounts of illegal narcotics, including 333 bottles of liquid synthetic opioids, over 100,000 tramadol pills, 100 grams of fentanyl, more than 24 kilograms of Xanax, and additional seizures of Oxycodone, MDMA, cocaine, LSD, marijuana, and a psychedelic mushroom grow found in a residence;
- Seizure of more than 100 firearms, including handguns, assault rifles, and a grenade launcher;
- Seizure of five vehicles that were purchased with illicit proceeds and/or used to facilitate criminal activity;
- Seizure of more than $3.6 million in U.S. currency and gold bars;
- Seizure of nearly 2,000 Bitcoins and other cryptocurrencies, with an approximate value of more than $20 million;
- Confiscation of 15 pill presses, which are used to create illegal synthetic opioids; and
- Seizure of Bitcoin mining devices, computer equipment, and vacuum sealers.
Amongst those charged federally, include:
- Joshua Sweet, 26, of Hazleton, Pennsylvania, was charged in a criminal complaint by the U.S. Attorney’s Office for the Middle District of Pennsylvania with possession with intent to distribute controlled substances. Sweet operated an online drug business, obtaining alprazolam, typically sold under the brand name Xanax, LSD, and other substances from foreign sources and selling them on the dark web. At the time of arrest, agents had already seized over 18,000 alprazolam tablets and other controlled substances, 60.65 Bitcoin, and an additional $25,000 in cash. As part of this drug trafficking scheme, Sweet also laundered over $200,000 in bitcoin.
- Antonio Tirado, 26, and Jeffrey Morales, 32, of the Bronx, New York, were arrested on June 18, and separately charged by the U.S. Attorney’s Office for the Southern District of New York with distribution and possession with intent to distribute narcotics, including cocaine, LSD (also known as “acid”), marijuana, and hashish oil. Additionally, Tirado was charged with possession of a firearm in furtherance of his drug trafficking offenses. Following an investigation into a Darknet marketplace vendor using the moniker “Trapgod,” investigators executed search warrants at homes in two residential neighborhoods in the Bronx leading to Tirado and Morales. As alleged in the complaints, during the execution of the search warrants at the Tirado and Morales residences, agents seized controlled substances including powder cocaine, marijuana, and LSD, as well as various precursor powders, liquids, and reagents, and other narcotics-related paraphernalia including marijuana growing equipment, a home chemistry lab, scales, and heat sealing packaging materials. In Tirado’s home, agents recovered a fully loaded shotgun alongside a narcotics stash. Investigators in Tirado’s apartment recovered additional evidence of Darknet narcotics distribution, such as numerous U.S. Postal Service shipping boxes, already addressed to customers around the United States, which boxes contained hairbrushes some of which had already been packed with powder cocaine for distribution.
- Jian Qu, 30; Raymond Weng, 24; and Kai Wu, 22, all of Queens, New York, along with Dimitri Tseperkas, 22, and Cihad Akkaya, 22, of Middle Island and Port Jefferson, New York, respectively, were each arrested on June 18, and charged by the U.S. Attorney’s Office for the Southern District of New York with participation in a conspiracy to distribute more than 1,000 kilograms of marijuana. Tseperkas and Akkaya were also charged with firearms offenses relating to the drug conspiracy. Investigators monitoring Darknet marketplaces found accounts used by some of the conspirators, leading agents to execute search warrants at three addresses in residential communities in Flushing and Mt. Sinai, New York. From the residences, agents recovered approximately $400,000 in U.S. currency, 140 kilograms of suspected marijuana and an additional 10 kilograms of suspected marijuana vape cartridges, 12 kilograms of suspected Xanax pills, over half a kilogram of suspected ecstasy, four pill presses, mixers, and pill press parts, over a dozen kilograms of various powders, packaging materials, and paraphernalia. While searching the residence where Akkaya and Tseperkas were found, investigators recovered three loaded shotguns, including a tactical double-barreled shotgun loaded with 14 shells, and over 50 shotgun shells, as well as significant quantities of narcotics, packaging materials, and paraphernalia including a money-counting machine. Review of electronic evidence recovered from the residences proved the conspirators’ connections to Darknet marketplaces, use of cryptocurrency, and narcotics distribution schemes.
- Ryan Farace, 34, of Reisterstown, Maryland, and Robert Swain, 34, of Freeland, Maryland, were charged by the U.S Attorney’s Office for the District of Maryland related to a scheme to manufacture and distribute alprazolam tablets, which are typically sold under the brand name “Xanax.” The indictment alleges that Farace distributed the drugs through sales on the dark web in exchange for Bitcoin, and that Farace and Swain laundered the drug proceeds through financial transactions designed to conceal the source and ownership of the illegal funds. To date, law enforcement has seized various crypto currency, to include bitcoin, valued at over $22 million at the time of the seizures, and over $1.5 million in cash, which was seized from Farace’s residence upon the execution of a search warrant on Jan. 18. As part of the indictment, the government seeks the forfeiture of no less than $5.665 million, plus the value of 4,000 Bitcoin believed to be the proceeds of the illegal drug sales, two residences, and a vehicle used to facilitate the drug distribution.
- Nicholas J. Powell, 32, and Michael Gonzalez, 27, former and current residents of Parma, Ohio, respectively, were charged by the U.S. Attorney’s Office for the Northern District of Ohio with conspiracy to distribute controlled substances and laundering money using the dark web. The complaint alleges that Powell used various monikers on Darknet marketplaces as part of his criminal scheme, including “TheSource,” “BonnienClyde,” BnC,” “BCPHARMA,” and “Money TS.” The conspiracy operated on multiple Darknet marketplaces, including Silk Road 2, AlphaBay, and HANSA. The conspiracy involved distributing Xanax, steroids, marijuana and other drugs across the country using these and other Darknet monikers. Powell and Gonzalez would then launder the funds as cryptocurrencies such as Bitcoin, Etherium, and Komodo through individuals specializing in money laundering on Darknet marketplaces. At the time of arrest, law enforcement had already seized approximately $437,000 in cryptocurrencies from Powell.
- Jose Robert Porras III, 21, and Pasia Vue, 23, both of Sacramento, were charged with drug distribution, money laundering, and illegally possessing firearms, in a 16-count indictment returned by a grand jury in the Eastern District of California. According to the indictment, Porras and Vue were using the online monikers “Cannabars” and “TheFastPlug,” to distribute marijuana, Xanax, and methamphetamine on various dark web marketplaces, including Trade Route, Wall Street Market, and Dream Marketplace. Porras and Vue then laundered the Bitcoin proceeds of their drug distribution through the HSI undercover agent located in New York. After receiving the Bitcoin from Porras and Vue, the undercover agent mailed parcels of cash to them in Sacramento. HSI and USPIS agents seized nine weapons including an AK-47 magazine and ammunition, 30 pounds of marijuana, $10,000 in U.S. currency, a vehicle, and over 100 bars of Xanax.
- Sam Bent, 32, of St. Johnsbury, Vermont (and formerly of East Burke, Vermont), and his cousin, Djeneba Bent, 26, also of St. Johnsbury (and formerly East Burke) were charged with conspiracy to distribute LSD, MDMA (also known as “ecstasy”), cocaine, and marijuana in an indictment returned by a federal grand jury in the District of Vermont. The indictment alleges that the conspiracy involved setting up accounts on dark web marketplaces, establishing online identities, accepting Bitcoin in exchange for sales over the dark web, and mailing controlled substances from several different post offices in Northeastern Vermont and Northwestern New Hampshire in an effort to avoid detection. The indictment also charges Sam Bent with four counts of money laundering involving three different exchanges of bitcoin drug distribution proceeds for U.S. currency.
- In Fresno, California, a federal grand jury returned an 11-count indictment on May 17, against Daniel Boyd McMonegal, 35, of San Luis Obispo and Mariposa, California, charging him with drug distribution and money laundering in the Eastern District of California. According to the indictment, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market. McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a non-profit medical marijuana cooperative. McMonegal then laundered the Bitcoin proceeds of his drug distribution through an undercover agent located in New York. After receiving the Bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa.
More than 50 Darknet vendor accounts were identified and attributed to the real individuals selling illicit goods on Darknet market sites such as Silk Road, AlphaBay, Hansa, Dream, and others. HSI-New York Field Division and MLARS coordinated with law enforcement and federal prosecutors to investigate 65 targets identified by the undercover operation in more than 50 Federal districts, including: the District of Arizona, the Eastern District of Arkansas, the Western District of Arkansas, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Connecticut, the Middle District of Florida, the Northern District of Florida, the Southern District of Florida, the Northern District of Iowa, the District of Kansas, the District of Maryland, the Eastern District of Michigan, the District of Minnesota, the Eastern District of North Carolina, the Western District of North Carolina, the District of New Hampshire, the Northern District of New York, the Southern District of New York, the Western District of New York, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Middle District of Pennsylvania, the District of South Carolina, the District of South Dakota, the Eastern District of Texas, the Northern District of Texas, the Southern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the District of Vermont, the Eastern District of Washington, and the Western District of Washington. FBI was part of the investigative team in the Northern District of California.
The investigation is ongoing.
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Allentown Man Charged with Defrauding the Government, Theft of Government Funds, and Aggravated Identity TheftRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury indicted Julio Polanco Suarez, age 41, of Allentown, Pennsylvania, with conspiring to defraud the government, theft of government money, and aggravated identity theft. The indictment was returned on April 10, 2018, but remained under seal until Suarez’s apprehension.
According to United States Attorney David J. Freed, the indictment charges Suarez with conspiring to defraud the government between March 1, 2009 and September 20, 2016. The government money and identity theft charges are alleged to have occurred in Luzerne County, Pennsylvania, on September 20, 2016.
The indictment alleges that Suarez’s coconspirators stole individuals’ identities, used them to prepare and file false tax returns, and obtained the refund checks issued by the U.S. Treasury pursuant to those false tax returns. Suarez took possession of the refund checks, forged names and social security numbers on them, and cashed them at check cashing businesses in the Middle District of Pennsylvania. Suarez and his coconspirators are charged with cashing $522,613.80 in fraudulently obtained Treasury checks, and attempting to cash an additional $41,401.57 worth of checks.
The case was investigated by the Department of the Treasury’s Office of the Inspector General, the Internal Revenue Service Criminal Investigation, and other federal and state law enforcement agencies. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalties under federal law for the most serious charges are up to 10 years of imprisonment. The aggravated identity theft charge carries a two-year consecutive mandatory minimum term of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Hazleton Man Sentenced to 262 Months’ Imprisonment for Shooting and Killing Another Man During A Drug DealRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 21, 2018, United States District Court Judge James M. Munley sentenced Christian Rosado to 262 months’ imprisonment on the federal charge of unlawfully possessing and discharging a firearm in furtherance of drug trafficking.
According to United States Attorney David J. Freed, on July 9, 2016, Rosado, age 28, was selling marijuana in Hazelton and a shootout with a customer ensued. Rosado fired his .40 caliber Glock handgun multiple times and killed the drug customer. Rosado was arrested the following day at the hospital where he was being treated for a gunshot wound. Under federal law, Rosado’s possession of the firearm in furtherance of drug trafficking is a federal offense.
The investigation was conducted by the Federal Bureau of Investigation and the Luzerne County District Attorney’s Office. Assistant United States Attorney 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.
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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 June 20, 2018, by a federal grand jury for illegal re-entry into the United States.
According to United States Attorney David J. Freed, Jose Morales-Garcia, age 24, of Mexico, was previously deported from the United States to Mexico in September 2010. He is alleged to have illegally re-entered the United States sometime after September 2010, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Erickson Perez-Molina, age 24, of Mexico, was previously deported from the United States to Mexico in October 2014. He is alleged to have illegally re-entered the United States sometime after October 2014, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Rudy Cardona-Aldana, age 26, of Honduras, was previously deported from the United States to Honduras in July 2016. He is alleged to have illegally re-entered the United States sometime after July 2016, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Juan Lopez-Munoz, age 44, of Mexico, was previously deported from the United States to Mexico in February 2011, November 2013, and 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 Columbia County, Pennsylvania after eluding examination or inspection by immigration officers.
Jonathan Paredez-Perez, age 24, of Guatemala, was previously deported from the United States to Guatemala in April 2013 and January 2018. He is alleged to have illegally re-entered the United States sometime after January 2018, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Eleazar Catalan-Martinez, age 23, of Mexico, was previously deported from the United States to Mexico in May 2018. He is alleged to have illegally re-entered the United States sometime after May 2018, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Morales-Garcia, Perez-Molina, Cardona-Aldana, Lopez-Munoz, Paredez-Perez, and Catalan-Martinez 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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York Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Fernandino Rodriguez-Colon, age 39, of York, Pennsylvania, was indicted on June 13, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the six count indictment alleges that Rodriguez-Colon distributed and possessed with intent to distribute cocaine base, commonly known as crack cocaine, heroin and marijuana on separate occasions in January and February 2018 in York, Pennsylvania. The indictment also alleges Rodriguez-Colon, a prohibited person, possessed a stolen Remington .45 caliber pistol in furtherance of his drug trafficking activities. The indictment also gives notice of the Government’s intent to forfeit all assets connected with the drug trafficking crimes.
This case was investigated by the York County Drug Task Force with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney James T. Clancy 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 each of the drug trafficking offenses is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession of a stolen firearm and possession of a firearm by a previously convicted felon is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession of a firearm in furtherance of drug trafficking 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 Pleads Guilty to Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dickson Gutierrez, age 43, of Scranton, Pennsylvania, pleaded guilty on June 12, 2018, before Senior United States District Court Judge James M. Munley to possession with intent to distribute cocaine.
According to United States Attorney David J. Freed, Gutierrez admitted to possessing between 300 and 400 grams of cocaine for further distribution. The charge stems from an investigation, conducted in August 2017, in which police made two purchases of cocaine from Gutierrez and then obtained a search warrant for Gutierrez’s residence and vehicle, both located on Hampton Street in Scranton, and seized additional amounts of cocaine as well as $10,275 in cash.
Judge Munley ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.
Gutierrez was indicted by a grand jury in October 2017, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania State Police and the Scranton Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The 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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Monroe County Man Sentenced to 87 Months in Prison on Drug Trafficking and Gun ChargesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Laurence Cadogan, age 33, of Stroudsburg, Pennsylvania, was sentenced on June 18, 2018, by U.S. District Court Judge Malachy E. Mannion to serve 87 months’ imprisonment for heroin trafficking and unlawfully possessing a firearm in furtherance of heroin trafficking.
According to United States Attorney David J. Freed, Cadogan previously pleaded guilty to possessing with intent to distribute between 60 grams and 80 grams of heroin and unlawfully possessing two firearms in furtherance of drug trafficking. The crimes occurred on October 26, 2016, in Tannersville. Police and federal agents seized more than 3,000 bags of heroin and two loaded firearms during the investigation. Cadogan was ordered by Judge Mannion to forfeit the two firearms seized by agents.
Judge Mannion also ordered Cadogan to serve three years on supervised release following his prison sentence.
Cadogan was indicted by a grand jury in February 2017. The charges against Cadogan resulted from an investigation by the Drug Enforcement Administration (DEA) and the Stroud Area Regional 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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Monroe County Man Guilty of Sex Trafficking and Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jamiell Sims, age 29, of East Stroudsburg, Pennsylvania pleaded guilty on June 18, 2018, before U.S. District Court Judge Malachy E. Mannion, to participating in a sex trafficking conspiracy that involved using threats and coercion to force women to engage in prostitution in the Monroe County area between 2011 and 2014. Sims also pleaded guilty to distributing heroin on four occasions in Monroe County during September-October 2016.
According to United States Attorney David J. Freed, Sims admitted to being a member of the Black P-Stones, a street gang that engaged in sex trafficking and drug trafficking in the Stroudsburg area. Sims admitted that he and other members of the P-Stones sex trafficked at least four women. Those women were advertised on websites and provided with hotel and motel rooms to engage in commercial sex acts with customers.
Those women were threatened, physically assaulted, and provided drugs by members of the gang to persuade them to engage or continue to engage in prostitution. Virtually all of the money earned by the prostitutes was turned over to the gang leaders, and the prostitutes were compensated with illegal drugs, including heroin and Percocet. Sims admitted to providing security for prostitution activities, collecting money from the prostitutes, and providing drugs to the prostitutes.
Sims also admitted distributing heroin on four occasions between September 19, 2016 and October 6, 2016.
Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing for Sims will be scheduled at a later date.
Sims was indicted along with two other people by a federal grand jury in January 2018, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, the Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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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Luzerne County Woman Sentenced to 28 Months in Prison for Participating in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandy Carey Malinosky, age 42, of Pittston Township, was sentenced on June 12, 2018, to 28 months’ imprisonment and to serve four years on supervised release by Senior U.S. District Court Judge James M. Munley, for her role in a heroin trafficking conspiracy that operated in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Malinosky previously pleaded guilty to conspiracy to possess with intent to distribute more than 100 grams of heroin. Malinosky admitted to distributing heroin on a daily basis for Desmond Mercer, the leader of the drug conspiracy. Malinosky distributed between 100 and 400 grams of heroin for Mercer, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.
Mercer previously pleaded guilty to heading-up the drug conspiracy and was sentenced to 14 years’ imprisonment.
Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years’ imprisonment for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years’ imprisonment.
Malinosky was indicted by a federal grand jury in February 2016, as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Luzerne County District Attorney’s Office, and Kingston Police. 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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Harrisburg Man Charged with Possession of A Firearm in Furtherance of Drug TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Demarius Hawkins, age 27, of Harrisburg, Pennsylvania, was indicted on June 6, 2018, by a federal grand jury on firearms and drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that between April 13, 2017 and January 23, 2018, Hawkins distributed cocaine base and heroin in Dauphin County. It is further alleged that on November 21, 2017, Hawkins unlawfully possessed a Jimenez Arms, 9-MM handgun in furtherance of drug trafficking.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania Attorney General’s Office, and the Harrisburg Police Department. Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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 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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Kingston Man Convicted of Drug TraffickingRead the Press Release
WILKES BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gethro Mondelice, age 38, formerly of Kingston, Pennsylvania, was convicted on June 6, 2018, for distribution of cocaine on three different occasions. After a two-day jury trial held before United States District Court Judge A. Richard Caputo, the jury returned the guilty verdict after three-and-a-half hours of deliberation.
The jury also found Mondelice not guilty of a charge of possession of a firearm in furtherance of drug trafficking.
According to United States Attorney David J. Freed, Mondelice sold cocaine to a confidential informant on July 29, 31 and August 4, 2015, in Kingston. On August 5, the Kingston Police Department executed a search warrant and recovered cocaine, drug scales and more than $1,500, which included marked money from the July 31 and August 4 drug sales, from the defendant’s bedroom.
A sentencing date has not yet been scheduled.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and the Luzerne County Drug Task Force. Assistant United States Attorneys Evan Gotlob and Sean A. Camoni 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.
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’ imprisonment, a term of lifetime 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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Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
Largest Increase in AUSAs in Decades Allocates [3] Prosecutors to the Middle District of Pennsylvania to Focus on Violent Crime, Civil Enforcement, and Immigration Crimes
HARRISBURG – Attorney General Jeff Sessions and U.S. Attorney David J. Freed for the Middle District of Pennsylvania announce that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
In the Middle District of Pennsylvania, one of these AUSAs will focus on violent crime, one on affirmative civil enforcement, and one on litigation involving illegal immigrants challenging their detention status.
“In the Middle District of Pennsylvania we are excited and energized that Attorney General Sessions and his team have recognized that our hard work in these focus areas merits additional resources,” said United States Attorney Freed. “We are laser focused on working with all of our federal, state and local partners in the fight to reduce violent crime. We are taking a strong stand against fraud stemming from the opioid crisis including overprescribing and treatment scams, consistent with the Attorney General’s mandate to reduce opioid related deaths, and working hard to uphold the integrity of our borders by focusing on recidivist illegal immigrants. We are looking forward to welcoming new members to our team.”
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NEPA Doctor Found Guilty of Drug Distribution Resulting in Death, Money Laundering and Tax ChargesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Dr. Fuhai Li, age 53, of Milford, was found guilty of unlawfully prescribing oxycodone and other opioids to 23 former patients, including a Honesdale woman who died as a result of using the pills. Dr. Li faces a mandatory 20-year prison sentence for causing the woman’s death.
According to United States Attorney David J. Freed, 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 five-week trial before Senior U.S. District Court Judge A. Richard Caputo, 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.
Li owned and operated the Neurology and Pain Management Center in Milford, Pike County, Pennsylvania. Li was a physician licensed by the Commonwealth of Pennsylvania and authorized to prescribe Schedule II controlled substances for legitimate medical purposes and in the usual course of professional practice.
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.
Former patients testified that Dr Li repeatedly prescribed them high doses of oxycodone and other opioids every month over several years without performing medical examinations and without verifying their prior medical treatment.
Evidence was presented that Dr Li repeatedly falsified patient medical records and made material omissions in those records in an effort to legitimize the unlawful prescriptions.
Prosecutors presented evidence that between August 2011 and January 2015, Dr. Li wrote 26,985 prescriptions for Schedule II controlled substances, 99.37% of which were written for opioids. This included 18,115 prescriptions for oxycodone, of which 12,129 were written for oxycodone 30 milligrams, the highest dosage available in short acting oxycodone. Other opioids frequently prescribed by Dr. Li included methadone, OxyContin, hydrocodone and hydromorphone.
Former patients testified that they became dependent and addicted to opioids as a result of Dr. Li’s prescriptions. Evidence also established that Dr. Li prescribed high dose opioids to patients who he knew had recently completed drug rehabilitation and detoxification programs, resulting in those patients becoming addicted again to opioid pain medication.
Several former patients testified that they earned money by selling drugs prescribed for them by Dr. Li and used part of the money to buy heroin to support their own addiction. Some of those former patients also subsequently sold heroin on the streets of Pennsylvania and New Jersey.
One former female patient testified that she had sex with Dr Li on almost every visit to his office during a four-year time period. Dr Li prescribed that patient high doses of various opioids for approximately four years. Two additional former female patients testified to inappropriate sexual conduct by Dr Li during office visits.
The jury also convicted Dr. Li of using two medical offices for the purpose of unlawfully prescribing opioids. Dr. Li’s first medical office was located at 104 Bennett Avenue in Milford, and the second office was located at 200 3rd Street in Milford.
DEA agents and investigators executed search warrants at Dr Li’s Milford office and his residences in Milford and East Stroudsburg on January 29, 2015. Agents seized electronic medical records from Dr Li’s office, and seized more than $1 million in cash, which was hidden under beds and in closets in his residences. Evidence at trial showed that many of Dr Li’s patients paid cash for visits, drug screens, office tests, and injections.
The money laundering convictions related to Dr Li’s use of criminal proceeds to pay off the mortgage on his East Stroudsburg residence on November 19, 2012, and to purchase his 200 3rd Street, Milford office on August 29, 2013. Dr Li had $385,572.05 wired from a bank account funded in part by criminal proceeds to pay off the mortgage on the East Stroudsburg residence. He subsequently withdrew $158,699.30 from a bank account funded in part by criminal proceeds to purchase the Milford office.
Dr Li was also convicted of tax evasion for the tax years 2011, 2012, and 2013. An IRS agent testified that Dr Li underreported his taxable income for those years by more than $800,000.
After the jury’s verdict, prosecutors asked that Dr. Li be immediately detained pending sentencing. Judge Caputo released Dr. Li under conditions, which include electronic monitoring by the U.S. Probation Office. U.S. Attorney Freed intends to appeal the release order.
The jury’s verdict also included the forfeiture to the United States of $1,030,960 in cash that was seized from Dr Li’s two residences; $1,036,079.36 seized from various bank accounts; real property located at 200 3rd Street, Milford (Dr Li’s medical office); and real property located at 4005 Milford Landing Drive, Milford.
“Dr. Li’s criminal conduct and actions were reprehensible, as shown by the jury’s verdict on all of the charges,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “My office will continue to work vigorously with all of our law enforcement partners and the U.S. Attorney’s Office to address the opioid epidemic that is gripping our region and nation at large. The investigation and arrest of rogue registrants who choose to betray their oath and professional obligation is a key part of the DEA’s mission to address this crisis.”
"Fuhai Li’s attempt to evade taxes by hiding income and filing false returns was a theft from the American public,” said IRS-CI Special Agent in Charge Guy Ficco. “Today Fuhai Li has been held accountable for his actions.”
The four-year long investigation in 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 was prosecuted 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 opioid trafficking offenses.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime, including violent crime caused by drug trafficking, and to make 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 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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Harrisburg Woman Pleads Guilty to Tax FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenyatta Canidate, age 36, of Harrisburg, Pennsylvania, pled guilty on May 29, 2018, before Chief United States District Court Judge Christopher C. Conner to filing false federal income tax returns.
According to United States Attorney David J. Freed, Canidate was charged in a criminal information on May 4, 2018, with filing false federal income tax returns. Canidate filed six false tax returns on her own behalf and filed 41 false tax returns on behalf of acquaintances. The acquaintances paid Canidate $100 for each bogus return she filed on their behalf. The total tax loss to the IRS resulting from Canidate’s fraudulent conduct was approximately $138,000.
The case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Joseph J. Terz is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexican National Charged with Passport FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Leticia Corona Salazar, age 39, a Mexican national, was indicted for committing passport fraud. The indictment was returned on March 17, 2015, but remained under seal until her apprehension on May 24, 2018.
According to United States Attorney David J. Freed, the indictment alleges that Salazar provided false information in an attempt to obtain a United States passport on May 29, 2008. The indictment also alleges that Salazar provided a false name, date of birth, and social security number in the passport application.
The case was investigated by Homeland Security Investigations and by the Internal Revenue Service Criminal Investigation. Assistant United States Attorneys William Houser and Phillip J. Caraballo are prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the charge is up to 10 years of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Carlisle Diner Owner Sentenced to One Year and One Day Imprisonment for Income Tax EvasionRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Atef Hussein, age 48, of Hagerstown, Maryland, former owner/operator of the Fairground Diner in Carlisle, Pennsylvania, was sentenced today to one year and one day imprisonment by United States District Court Judge John E. Jones III, for income tax evasion.
According to United States Attorney David J. Freed, Hussein understated income and taxes due, resulting in false income tax returns for tax years 2011 through 2015 causing a tax loss of approximately $139,293.
Judge Jones ordered Hussein to pay $139,293 in restitution to the Internal Revenue Service.
“Crimes such as tax evasion directly impact our shared obligation as citizens to support vital government services,” said United States Attorney Freed. “I commend our partners at IRS Criminal Investigation and Assistant U.S. Attorney James Clancy for their diligence in pursuing this case.”
“Taxpayers thinking about participating in fraudulent tax schemes, including failing to report all forms of income, should stop in their tracks and simply look at the consequences of taking the next step,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Those consequences include going to prison, being branded a convicted felon for the rest of their lives, and paying back all the taxes owed plus steep penalties and interest.”
The case was investigated by the Internal Revenue Service Criminal Investigation. Assistant United States Attorney James T. Clancy prosecuted the case.
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Five Pennsylvania Men Charged with Conspiring to Defraud the United States and Violate the Clean Air ActRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gavin Rexer, age 29, Dennis Paulhamus, age 39, Timothy Sweitzer, age 41, all of Jersey Shore, Pennsylvania, Joseph Powell, age 31, of Hickory, Pennsylvania, and John Joseph, age 38, of Canonsburg, Pennsylvania, were charged in a criminal information on May 25, 2018, with conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and Department of Transportation (DOT), and to violate the Clean Air Act.
According to United States Attorney David J. Freed, Rexer, Powell and Joseph were employees of Rockwater Northeast LLC, a company that serviced the fracking industry. In the course of their employment, Rexer, Powell, and Joseph conspired to modify the emissions systems on approximately 30 Rockwater heavy-duty diesel trucks by using “defeat devices.” The defeat devices were obtained from Paulhamus and Sweitzer and their purchases were concealed in Rockwater’s books and records by mislabeling them as exhaust systems. The conspirators also are accused of taking the modified commercial motor vehicles to state approved inspection stations, including Sweitzer’s Garage, to pass federally regulated commercial motor vehicle inspections falsely.
“We take seriously our job of protecting the environment in Pennsylvania, and we won’t hesitate to prosecute individuals committing environmental crimes,” said United States Attorney Freed.
“For years, the defendants engaged in a broad-based criminal conspiracy to manipulate vehicle emission components as a cost savings measure,” said Assistant Special Agent in Charge Jennifer Lynn of EPA’s Criminal Investigation Division. “EPA and its law enforcement partners are committed to holding responsible those who violate environmental laws for competitive advantage.”
“This investigation demonstrates our commitment to ensuring the safe and efficient travel of commercial motor vehicles,” said Douglas Shoemaker, regional Special Agent-in-Charge of the DOT Office of Inspector General. “Working with our Federal, State, and local law enforcement and prosecutorial colleagues, we will continue to protect the public’s safety from those that would seek to circumvent DOT-related laws and regulations.”
The matter was investigated by the EPA’s Criminal Investigations Division and the DOT’s Office of the Inspector General, with the assistance of the Pennsylvania State Police and other law enforcement agencies. The case is being prosecuted by Assistant United States Attorneys Phillip J. Caraballo and Sean Camoni, and by Special Assistant United States Attorney Patricia C. Miller.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Maryland Man Indicted for Cyberstalking and Attempted Sexual Exploitation of A ChildRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Marc Punzalan, age 24, of Rockville, Maryland, was indicted on May 24, 2018, by a federal grand jury on one count of stalking and one count of the attempted sexual exploitation of a minor.
According to United States Attorney David J. Freed, the indictment alleges that in June 2013, Punzalan used an internet messaging service to harass and intimidate a 13-year-old female in Lycoming County, Pennsylvania, causing her substantial emotional distress and resulting in her death. The indictment also alleges that Punzalan attempted to persuade, entice and induce the minor female to engage in sexually explicit conduct using a video web camera.
The case was investigated by the South Williamsport Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Geoffrey W. MacArthur 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 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.
Punzalan faces a mandatory minimum sentence of 15 years in prison and a potential 30-year maximum sentence for the attempted sexual exploitation of a child, and up to life imprisonment for cyberstalking the victim. The maximum possible fine for these offenses is $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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York County Man Sentenced to Seven Years’ Imprisonment for Child Pornography OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert E. Miller, III, age 34, of York County, Pennsylvania, was sentenced on May 23, 2018, by United States District Court Judge John E. Jones, III, to 84 months’ imprisonment, 10 years’ supervised release and to pay a $5,200 special assessment, for being in the possession of images depicting the sexual exploitation of children and receipt of obscene visual representations depicting the sexual abuse of children.
According to United States Attorney David J. Freed, Miller was convicted on December 6, 2017, following a three-day trial. The case originated when the FBI Major Case Coordination Unit sent a lead to the FBI Harrisburg office regarding a user browsing a known child pornography website. After obtaining a search warrant, federal and local law enforcement officers located hundreds of images and videos containing child pornography and obscene material depicting the sexual abuse of children, including violent rape, sodomy, bondage and forcible penetration with an object.
This case was investigated by the Federal Bureau of Investigation and the Northern York County Regional Police Department. Assistant United States Attorneys Daryl Bloom and Carlo Marchioli 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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Two Luzerne County Men Charged with Armed Bank RobberyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gerald Pambianco, age 29, of Plains Township, Pennsylvania, and Derek Spaide, age 26, of Hanover Township, Pennsylvania, were indicted on May 22, 2018, by a federal grand jury on one count of conspiracy to use firearms in furtherance of a crime of violence, one count of armed bank robbery, one count of brandishing a firearm in furtherance of a crime of violence, and one count of being convicted felons in possession of firearms.
According to United States Attorney David J. Freed, the indictment alleges that on May 16, 2018, Pambianco and Spaide traveled to the Luzerne National Bank in Plains Township. Spaide placed a t-shirt over his face, entered the bank and pointed a rifle at a bank employee, demanded money and stole approximately $8,204. Spaide then entered a vehicle driven by Pambianco, who drove away from the bank and engaged in a high-speed vehicle chase with police.
The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, the Plains Township Police Department, and the Hanover Township Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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 bank 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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Jamaican Man Sentenced to 51 Months’ Imprisonment on “Sweepstakes Fraud” Charges Targeting Senior CitizensRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tackya Whyte, age 41, a Jamaican citizen who formerly resided in Richmond, Virginia, was sentenced today to 51 months’ imprisonment and to serve two years’ supervised release by United States District Court Judge John E. Jones, III, for his role in an international “sweepstakes scam” that defrauded seven American victims out of $459,881.
According to United States Attorney David J. Freed, Whyte pled guilty on August 28, 2017, to one count of mail fraud pursuant to a plea agreement with the government. Whyte and unidentified fraudsters perpetrated a scheme that defrauded at least seven U.S. senior citizens, including at least one victim who resided in the Middle District of Pennsylvania. The victims were falsely told they had won multi-million dollar international sweepstakes prizes. The purported winners were directed to send Western Union and MoneyGram money transfers payable to Whyte, and others, to pre-pay taxes and other fictitious expenses in order to collect the non-existent cash prizes. Whyte then re-transferred a portion of the fraud proceeds to conspirators in Jamaica, thereby serving as a “money mule” for the fraudsters.
During the sentencing hearing, Judge Jones noted Whyte and his co-conspirators deliberately preyed upon the elderly and that most of the victims had suffered substantial financial hardship as a result of the scam. Five of the victims were in their 80’s, one was 74, and the youngest was 68. Many lost their life savings and retirement accounts. One victim lost $171,379, another lost her home to foreclosure, and a third had her electricity turned off during the winter months.
Judge Jones also ordered Whyte to pay $459,881 in restitution to the victims.
The case was investigated by the Harrisburg Office of the United States Postal Inspection Service. Assistant United States Attorney Kim Douglas Daniel prosecuted the case.
The United States Attorney and United States Postal Inspectors remind all citizens that they should never make an advance payment of any kind on the promise of a sweepstakes prize, loan, job or grant.
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Carlisle Construction Company Pleads Guilty to Violations of the Toxic Substances Control ActRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Charles H. Bitner, Jr., age 45, of Carlisle, Pennsylvania, the President and Owner of Bitner Brothers Construction Company, Inc. (Bitner Brothers), located in Carlisle, entered a plea of guilty on May 22, 2018, on behalf of Bitner Brothers before United States Magistrate Judge Martin C. Carlson to violations of the Toxic Substances Control Act.
According to United States Attorney David J. Freed, Bitner Brothers was an experienced construction contractor certified by the U.S. Environmental Protection Agency as a lead renovator since October 2010. Charles H. Bitner, Jr. was certified as a lead renovator by the U.S. Environmental Protection Agency since October 2010. The company pled guilty to violating applicable work practices enacted pursuant to the Toxic Substances Control Act governing the reduction of lead exposure during renovations at a residential facility, by conducting power grinding without a shroud or containment system equipped with HEPA vacuum of lead-based painted surfaces.
“By ignoring important rules regarding the presence of lead in older buildings, the defendant’s actions put children in the local community at risk for serious injury,” said Assistant Special Agent-in-Charge Jennifer Lynn of the U.S. Environmental Protection Agency’s Criminal Investigation Division in Pennsylvania. “Today’s plea should serve notice that anyone who fails to comply with critical environmental regulations that protect public health will be prosecuted to the fullest extent of the law.”
The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division. Assistant U.S. Attorney William A. Behe is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years’ probation, and a $200,000 fine. Bitner Brothers Construction agreed not to be involved in lead abatement projects for the period of probation. 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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Federal Inmate at USP Canaan Charged with Assaulting Two Correctional Officers and Possession of ContrabandRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Johnny Fletcher, age 40, an inmate at the United States Penitentiary at Canaan (USP Canaan), located in Waymart, Pennsylvania, was indicted on May 22, 2018, by a federal grand jury for assaulting two federal correctional officers and possession of contraband in prison.
According to United States Attorney David J. Freed, the indictment alleges that on February 5, 2018, Fletcher assaulted two correctional officers and possessed three sharpened pieces of metal commonly known as “shanks.”
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara 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 which can be imposed under federal law is eight years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wernersville Man Convicted of Bank Robberies in York, Lebanon, and Berks CountiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Derek Pelker, age 28, of Wernersville, Pennsylvania, was convicted on May 18, 2018, by a jury on four counts of armed bank robbery, four counts of conspiracy to commit armed bank robbery, two counts of brandishing a firearm in relation to a crime of violence; and, two counts of possession of a firearm by a felon. Pelker represented himself during the five-day trial held before United States District Court Judge Yvette Kane.
According to U.S. Attorney David J. Freed, the jury returned a verdict of guilty after approximately two-days of deliberations and convicted Pelker of robbing the Susquehanna Bank in East Prospect, Pennsylvania on April 24, 2015; the BB&T Bank in Valley View, Pennsylvania on November 17, 2015; the Gratz Bank in Valley View, Pennsylvania on January 14, 2016; and, the M&T Bank in Lebanon, Pennsylvania on April 5, 2016.
Pelker’s co-defendants pled guilty in relation to these robberies and are awaiting sentencing:
- Andrew Ishman, age 31, Wrightsville, pled guilty to the East Prospect bank robbery on October 3, 2016;
- Ryan Miller, a/k/a “Otis,” age 25, Robinson Township, pled guilty to the East Prospect robbery and a separate bank robbery on December 6, 2016;
- Keith Pelker, age 28, Wernersville, pled guilty to the Lebanon bank robbery on October 3, 2016;
- Shannon Gadzouris, age 24, Shillington, pled guilty to the Lebanon bank robbery on October 3, 2016;
- Ryan Martin, age 27, of Reading pled guilty to the two Valley View bank robberies on December 1, 2017; and
- Kelsie Bair, age 28, and Lindsey School, age 27, both of Lebanon, pled guilty to accessory after the fact after they disposed of the weapon used in the Lebanon bank robbery off a pier in Ocean City, New Jersey. The weapon was ultimately recovered by the FBI scuba diving team.
One co-defendant was sentenced:
- William Papoutsis, Pelker’s uncle, age 35, of Reading, pled guilty to obstruction of justice in relation to these robberies and was sentenced to six months’ imprisonment;
The investigation was conducted by the Federal Bureau of Investigation Capital City Violent Crimes Task Force, the Pennsylvania State Police, the South Lebanon Township Police Department, the U.S. Marshals Fugitive Task Force, and the Lebanon and York County District Attorney’s Offices. The Capital City Violent Crimes Task Force consists of representatives from the FBI’s Harrisburg Field Office and the Harrisburg Police Department. Assistant U.S. Attorneys Scott R. Ford and 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.
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 offenses is life imprisonment, a term of supervised release following imprisonment, and a $1,250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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West Virginia Man Guilty of Producing Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Johnnie Gresham, age 39, of Charleston, West Virginia, pleaded guilty on May 17, 2018, before U.S. District Court Judge Robert D. Mariani, to producing and attempting to produce child pornography.
According to United States Attorney David J. Freed, Gresham admitted that he persuaded a minor to take and forward to him videos and photographs of the minor engaged in sexually explicit conduct. Gresham committed the offense between April 2017 and June 2017, in Susquehanna County and elsewhere. Gresham used a cell phone and the internet to commit the crimes.
Judge Mariani ordered a presentence investigation to be completed. Sentencing will be scheduled after the presentence report is filed.
Gresham was indicted by a federal grand jury in November 2017, as a result of an investigation by Homeland Security Investigations and the Pennsylvania Attorney General’s Office. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The maximum penalty under federal law for these offenses is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 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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Cumberland County Man Sentenced to Five Years’ Imprisonment for Possession of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gary Stinson Smith, age 61, of Mechanicsburg, Pennsylvania, was sentenced on May 14, 2018, to 60 months’ imprisonment, a $50,000 fine and 10 years supervised release by United States District Court Judge John E. Jones, III, for possession of child pornography.
According to United States Attorney David J. Freed, Smith pled guilty in November 2016, and admitted to possessing images depicting child pornography. After obtaining a search warrant, law enforcement officers searched the defendant’s computer in November 2015 and located over 1,000 images and 16 videos containing both child pornography and erotica.
Judge Jones noted that this is not a victimless crime and ordered Smith to report to the Bureau of Prisons on May 18, 2018.
This case was investigated by the United States Postal Inspection Service and the Pennsylvania Office of the Attorney General. Assistant United States Attorney Daryl Bloom prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Monroe County Man Sentenced for Discharge of Firearm During A Drug Trafficking CrimeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on May 11, 2018, United States District Court Judge Malachy E. Mannion sentenced Pablo Martinez, age 28, of East Stroudsburg, Pennsylvania, to 150 months’ imprisonment for a shooting that occurred in East Stroudsburg on January 12, 2016.
According to United States Attorney David J. Freed, Martinez pled guilty to the discharge of a firearm during and in relation to a drug trafficking crime and a crime of violence. Martinez admitted that he was part of a conspiracy to rob a fellow drug dealer, lured to a meeting under the guise of a marijuana deal. Martinez and co-conspirators waited in a pickup truck until the victim entered the front passenger seat, then sped off. During the ensuing altercation, Martinez shot the victim twice, and the victim was thrown from the truck at speed, suffering severe injuries. Martinez was a member of the Brick City Brims, a violent street gang involved in drug trafficking and other criminal activity in the East Stroudsburg area.
Two codefendants, Deshaun Lipscomb and Orrett Campbell, have pled guilty to felony charges and are awaiting sentencing.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Stroud Area Regional Police Department. Assistant U.S. Attorney Sean A. Camoni 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.
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Inmate Sentenced to Nine Years for Razor AttackRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on May 10, 2018, United States District Court Judge Matthew W. Brann sentenced Robert Stoddard, of Washington D.C., to nine years in prison for assault with a dangerous weapon and possession of contraband while an inmate at United States Penitentiary, Allenwood. A federal jury in Williamsport found Stoddard, age 47, guilty of both charges after a two-day trial in January.
According to United States Attorney David J. Freed, Stoddard attacked another inmate with a weapon fashioned from a razor blade. The victim required over fifty stitches for his wounds and was permanently scarred on a substantial portion of his face. Jurors viewed a security camera video of the attack from two angles and heard testimony from correctional officers, a prison psychologist, and the victim himself. Stoddard testified in his own defense, and was later found to have obstructed justice, in part, because he gave testimony that was untruthful.
By law, the 108-month sentence will run consecutive to Stoddard’s current sentence, which won’t be fully served until March of 2021.
The investigation was conducted by the Federal Bureau of Investigation and officers at USP Allenwood. The case was prosecuted by Assistant United States Attorneys Sean A. Camoni and Alisan VanFleet.
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Appeals Court Upholds Sex Offender Registration Requirements for Defendant Who Ran Interstate Prostitution OperationRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the Third Circuit Court of Appeals on May 10, 2018, affirmed the 15 ½-year prison sentence of Thurman Stanley, age 41, of Stroudsburg, Pennsylvania, including a requirement that Stanley comply with the Sex Offender Registration and Notification Act (SORNA), imposed by Senior U.S. District Court Judge James M. Munley.
According to United States Attorney David J. Freed, the Court ruled that Stanley, who pleaded guilty to drug and interstate prostitution charges in March 2017, waived his right to appeal the applicability of SORNA because he agreed in the plea agreement that SORNA applied to his offenses.
Stanley argued on appeal that SORNA did not apply to interstate transportation offenses where the prostitution involved consenting adults and did not involve force or coercion. The government argued that Stanley waived his right to challenge the court’s imposition of SORNA requirements when he acknowledged in the plea agreement that SORNA applied, and argued that there was sufficient evidence to show that Stanley used force, threats and coercion in his prostitution activities.
In affirming Stanley’s sentence, the Court explained that, “[a] defendant who stipulates to a point in a plea agreement cannot later make arguments taking a contrary position.”
Stanley was indicted on sex trafficking, prostitution, and drug charges by a federal grand jury in November 2016, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County. Stanley subsequently admitted to prostituting 11 adult females in Pennsylvania, including transporting three of the females to New York, Iowa, and North Dakota for purposes of prostitution.
Assistant United States Attorney Francis P. Sempa prosecuted the case and argued the appeal for the government before a three-judge panel of the Third Circuit Court.
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The U.S. Attorney’s Office for the Middle District of Pennsylvania Honors and Remembers Fallen Law Enforcement Officers in Observance of 2018 “National Police Week”Read the Press Release
HARRISBURG - Communities across the United States gather during National Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, to remember federal, state, and local law enforcement officers who made the ultimate sacrifice in the line of duty to share their stories of courage and sacrifice and to honor their memory.
“One officer death is too many,” Attorney General Jeff Sessions said. “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us. As always, we have their backs and they have our thanks.”
“The citizens of this District were reminded in stark terms on January 18, 2018 of the sacrifices that law enforcement officers and their families make to protect us every day,” said United States Attorney David J. Freed. “The tragic and heroic death of Deputy United States Marshal Christopher Hill once again highlighted the potential dangers faced by men and women in law enforcement each time they take to the streets. We seek to honor the memory of USDM Hill and others lost in the line of duty through our constant efforts to reduce violence in our communities.”
During National Police Week and in honor of fallen officers, two Middle District of Pennsylvania Assistant United States Attorneys are participating in the Police Unity Tour to help raise awareness of law enforcement officers who have died in the line of duty.
According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents.
Additionally, in 2017 there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts – this is a 30 percent decrease from 2016, when 66 law enforcement officer were killed in line-of-duty incidents as a result of felonious acts.
In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
The names of all 93 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018. So that people across the country can experience this unique and powerful ceremony, the vigil will be livestreamed beginning at 8:00 p.m. EDT on May 13th. To register for this free online event, visit www.LawMemorial.org/webcast.
Among those added this year from Pennsylvania will be:
- Brian Shaw, New Kensington Police Department, who died in November 2017;
- Michael Stewart, III, Pennsylvania State Police, who died in July 2017;
- Shawn Rager, Johnstown Police Department, who died in October 2016;
- David Weaver, State Correctional Institute Graterford, who died in September 2016; and
- Raymond Diaz, Jr., Philadelphia Police Department, who died in September 2016.
Along with remembering the officers who made the ultimate sacrifice in the line of duty, Police Week is an opportunity to recognize and honor all law enforcement officers in our communities, who courageously stand on the front lines each day for the safety and protection of others.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2018.
For more information about other National Police Week events, please visit www.policeweek.org.
To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.
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Stroud Township 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 James Williams, III, a/k/a “Dilly,” age 30, of Stroud Township, Pennsylvania, was indicted on May 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 Williams conspired to distribute and possess with the intent to distribute 500 grams and more of cocaine beginning in 2017 in Monroe County, Pennsylvania. The indictment further charges Williams with distribution and possession with intent to distribute within 1,000 feet of Stroudsburg High School on two occasions in March and April of this year. Williams was also charged with possession with intent to distribute 500 grams and more of cocaine on May 3, 2018. The indictment further alleged that Williams, a convicted felon, illegally possessed three firearms, one of which was stolen and had an obliterated serial number, and possessed of a firearm in furtherance of drug trafficking.
The case was investigated by the U.S. Federal Bureau of Investigation, the Stroud Regional Police Department, and the Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni 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 this offense is 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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Lock Haven Man Indicted for Production of Child Pornography and Enticing Minors to Engage in ProstitutionRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Scott Grenninger, age 36, of Lock Haven, Pennsylvania, was indicted today on one count of possession of child pornography, two counts of production of child pornography, two counts of the attempted enticement of minors to engage in prostitution, and one count of transmitting obscene materials to a minor.
According to United States Attorney David J. Freed, the indictment alleges that on various dates in 2017, Grenninger produced child pornography in Lock Haven with a female under the age of 12 and also used a computer to compile videos of himself and minor children appearing by web-cam over the internet. Grenninger is also alleged on two occasions to have used chat-rooms on the internet to attempt to offer money to girls under the age of 12 in exchange for sex and in connection with one of these attempts sent obscene materials over the internet.
The case was investigated by the Pennsylvania State Police and the Federal Bureau of Investigation with assistance from the Clinton County District Attorney’s Office. Assistant United States Attorney Geoffrey W. MacArthur 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 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.
Grenninger faces a mandatory minimum sentence of 15 years in prison and a potential 30-year maximum sentence for the production of child pornography charge, up to 10 years in prison for the enticement counts, and up to 10 years’ imprisonment each for the transmission of obscene materials to a minor and possession of child pornography. The maximum possible fine for these offenses is $1,500,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Registered Nurse Sentenced to Six Years’ Imprisonment for Health Care FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joan Cicchiello, age 67, of Annville and Mount Carmel, Pennsylvania, was sentenced on May 9, 2018, to 72 months’ imprisonment and three years of supervised release by United States District Court Judge John E. Jones, II on Health Care Fraud related charges.
According to United States Attorney David J. Freed, Cicchiello, a licensed Certified Registered Nurse Practitioner and Registered Nurse who is certified by the Commonwealth of Pennsylvania, was indicted in October 2016, and charged with one count of Health Care Fraud, thirty-seven counts of making false statements related to health care matters, and one count of obstruction of a federal audit.
Cicchiello was the owner and operator of Twilight Beginnings, located in Mount Carmel, that provided mental health services. Cicchiello used her company to recruit individuals who were either not properly licensed or unlicensed and have them “provide” psychiatric care to patients. Despite the fact that Cicchiello knew these individuals were not trained, licensed nor authorized to provide these psychiatric related services, Cicchiello directed that they meet with elderly residents of nursing homes throughout central and northeastern Pennsylvania, as well as with adolescents seeking psychiatric care at her Mount Carmel, Pennsylvania office. These individuals, whom Cicchiello referred to as her “counselors,” included a retired chiropractor, a convicted felon whose clinical social worker license was suspended, and numerous other unqualified individuals.
Cicchiello directed these individuals provide to her with a listing of the patients they met. Cicchiello then utilized these lists to falsely bill the Medicare program as though she, a properly licensed and trained practitioner, personally provided face-to-face psychotherapy related services to the adolescent and elderly patients.
Additionally, Cicchiello created false documents representing that her “counselors” were properly trained and licensed. Cicchiello provided these false documents to the Medicare program as well as nursing homes and personal care homes throughout central and northeastern Pennsylvania. Cicchiello falsely billed the Medicare program when she claimed she was providing psychotherapy to patients in Pennsylvania when, in fact, she was vacationing in such locations as Las Vegas, Russia, Denmark, London, Iceland, Italy, Norway, Scotland and Ireland. Cicchiello directed her employees to create false psychiatric progress notes documenting care never provided by her to patients while she was traveling abroad.
Prior to rendering sentence, Judge Jones commented that the fraud was of a particularly disturbing nature and had many moving parts. Not only did she falsely bill Medicare and created false licenses for her employees, but her scheme preyed upon the elderly, the disabled and the infirm by using individuals who are unqualified to provide counseling and psychotherapy services in every way. These “services” were provided by such individuals as a licensed clinical social worker whose license was suspended based upon two prior felony drug convictions, an 80- year-old chiropractor, and a convicted Megan’s Law offender. Judge Jones also noted that Cicchiello ran her business out of an abandoned church in Mt. Carmel and organized it as a charity.
Judge Jones also ordered that Cicchiello be immediately remanded into custody, pay restitution to the Medicare program in the amount of $152,122, a $150,000 fine, and the moneys previously seized by the government, in bank accounts owned and/or controlled by her that were proceeds of her false and fraudulent billings she submitted to Medicare.
“This brazen fraud was compounded by the fact that it was perpetrated on some of our most vulnerable citizens,” said United States Attorney Freed. “The hard-working agents of HHS-OIG and the FBI should be commended for their tireless work on this investigation. The outstanding efforts of these investigators resulted in appropriate punishment for the offender, recovery of taxpayer funds and the opportunity for the victims to receive the legitimate help that they need.”
“The Medicare program exists to provide health care services to the most vulnerable members of our society-the elderly and disabled,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General. “Ms. Cicchiello actions show she valued money over the health and safety of her elderly, disabled and adolescent patients. HHS- OIG Special Agents and our law enforcement partners will continue to work tirelessly to hold such individuals accountable for these types of actions.”
"It's not enough that this defendant fleeced the taxpayers in stealing money from Medicare," said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "What's truly despicable is the manner in which she did so. Her sham mental health clinic put many vulnerable patients at risk, while she was pocketing the payments for personal gain. Proper mental health treatment can be life-changing. Sadly, so can sub-standard care."
The case was investigated by the Office of Inspector General (OIG) for the US Department of Health and Human Services, Harrisburg Field Office, and the Federal Bureau of Investigation (FBI), Williamsport Resident Agency. Assistant United States Attorneys Joseph J. Terz and Chelsea B. Schinnour prosecuted the case.
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Charles Cole Memorial Hospital Agrees to Settle over Billing AllegationsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on May 4, 2018, Charles Cole Memorial Hospital, a Pennsylvania nonprofit corporation in Coudersport, Pennsylvania, agreed to pay the United States $373,547.54 to settle allegations from two self-disclosures by Charles Cole to the Office of Inspector General for the United States Department of Health and Human Services (OIG) through the OIG’s Provider Self-Disclosure Protocol.
According to United States Attorney David J. Freed, the first self-disclosure and the investigation that followed, from August 1, 2007, through December 2013, alleged that Charles Cole failed to bill under a particular modifier to reduce the Medicare reimbursement amount for services provided by physician assistants and nurse practitioners in its pain management, orthopedics, gastroenterology, and medical oncology physician office practices. According to the second self-disclosure and the investigation that followed, Charles Cole allegedly failed to perform required face-to-face encounters with some of its Medicare hospice patients prior to the third benefit period recertification and every subsequent benefit period re-certification from January 1, 2001 through February 1, 2014. Charles Cole has since taken corrective action and voluntarily disclosed these matters. This settlement resolves the matter without the filing of litigation.
This case was investigated by the Office of Inspector General for the United States Department of Health and Human Services. This matter was handled by Assistant United States Attorney Melissa Swauger for the United States Attorney’s Office.
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Camp Hill Attorney Charged with Obstruction of Proceedings Before Agencies of the United StatesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Charles W. Johnston, age 70, of Camp Hill, Pennsylvania, was indicted by a federal grand jury on April 12, 2018, for obstruction of proceedings before agencies of the United States. The indictment was unsealed today
According to United States Attorney David J. Freed, the indictment alleges that from August 28, 2014 to May 1, 2015, Johnston, legal counsel for the Plumbers and Pipefitters Local Union 520 Plan, corruptly withheld and concealed documents related to allegations of mismanagement of the pension plan and fraud made by PATH, the pension’s third party administrator.
"An important mission of the Office of Inspector General is to investigate allegations of fraud affecting the employee benefit plans covered by the Employee Retirement Income Security Act. We will continue to work with our law enforcement partners to investigate these types of allegations,” said Richard Deer, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
“The prosecution of those who obstruct the investigative activities of the Employee Benefits Security Administration is essential to this agency’s mission to protect the rights of America’s workers,” said Michael Schloss, EBSA Regional Director in Philadelphia. “We and our law enforcement partners will continue to aggressively investigate such crimes on behalf of workers nationwide.”
The case was investigated by the U.S. Department of Labor Office of Inspector General, the Employee Benefits Security Administration, and the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph J. Terz 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 four years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Berwick Man Sentenced for Bank RobberyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Justin Weist, age 26, of Berwick, Pennsylvania, was sentenced on May 2, 2018, to 33 months’ imprisonment by United States District Court Judge Robert D. Mariani for Bank Robbery.
According to United States Attorney David J. Freed, Weist admitted to the February 23, 2017, robbery of First National Bank in Tannersvile, Monroe County, Pennsylvania during his guilty plea on October 11, 2017. Weist stole $1,800, all of which was recovered. Weist, who did not possess a weapon, robbed the bank by presenting a note to a teller demanding money.
The case was investigated by the U.S. Federal Bureau of Investigation (FBI) and was prosecuted by Assistant U.S. Attorney Sean A. Camoni.
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Seven York County Individuals 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 a federal grand jury in Harrisburg indicted seven individuals in two separate indictments on April 25, 2018, on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictments charge the following defendants for offenses that took place between November 2017 and April 2018 in York County:
- Francisco Rivera-Rivera, age 26 – is charged with one count of conspiracy to distribute heroin; one count of possession of a firearm in further of a drug trafficking crime; one count of felon in possession of firearm; one count of possession of a stolen firearm; and four counts of distribution of heroin;
- Axel Pena-Reyes, age 24 – is charged with one count of conspiracy to distribute heroin; two counts of distribution of heroin; one count of possession with intent to distribute heroin, marijuana, cocaine base and cocaine hydrochloride;
- Jessica Curet, age 37 – is charged with one count of conspiracy to distribute 100 grams of heroin (which is equivalent to approximately 4,000-5,000 individual doses); six counts of distribution of heroin; two counts of distribution of cocaine base; one count of felon in possession of firearm;
- Christopher Cruz-Ortiz, age 23 - is charged with one count of conspiracy to distribute heroin; nine counts of felon in possession of firearm; five counts of possession of a stolen firearm; one count of distribution of heroin; three counts of possession of a firearm with obliterated serial number;
- Jaiell Montalvo, age 19 - is charged with one count of felon in possession of firearm; one count of possession of a firearm with obliterated serial number;
- Deondre Densby, age 35 – is charged with one count of felon in possession of firearm; one count of possession of a stolen firearm; and
- Edwin Garbrial Ramos-Reyes, age 37 – is charged with one count of being a felon in possession of firearm.
The indictment also alleges that defendants sold 16 firearms, including 15 pistols and one AK style rifle. Of the firearms that were sold, six were confirmed stolen, and three had their serial numbers obliterated.
“There are two important takeaways from today’s announcement,” said United States Attorney Freed. “First, our concerted efforts to address violent crime in York are a team effort and we are true partners. And we are not going anywhere. In the last few years the United States Attorney’s office has prosecuted more than 70 violent felons from York. And as long as this criminal behavior continues, we will be standing together with our local partners. Second, today’s announcement again underscores that drug dealing is inherently violent activity. Illegal drugs and illegal guns go hand in hand. We will not rest in our mission to reduce violence in this city.”
"This investigation is an example of ATF’s dedication to working with our state, local and federal partners in identifying, targeting, and investigating violent criminals who are involved in selling narcotics and firearms who prey upon innocent citizens and lessen the quality of life in our neighborhoods,” said ATF Special Agent in Charge Donald Robinson. “Our neighborhoods deserve to exist without fear and intimidation inflicted by all violent drug gangs. We will continue to work with our partners to impact the violent drug related activity that has wreaked havoc throughout York.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), York City Police Department, York County District Attorney’s Office, the York County Drug Task Force and West Manchester Police Department, with assistance on arrests of defendants by York County Probation and the United States Marshal Service Task Force. Assistant U.S. Attorney Daryl Bloom 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 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 charges of conspiracy to distribute and possess with intent to distribute heroin; distribution of heroin; possession with intent to distribute heroin; distribution of cocaine base are all up to 20 years’ imprisonment; the charges of felon in possession; possession of a stolen firearm; felon in possession and aiding and abetting; possession of a firearm with an obliterated serial number are all up to 10 years’ imprisonment; and possession of a firearm in furtherance of drug trafficking is up to 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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SCI Smithfield Inmate Pleads Guilty to Tax FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jeremy Baney, age 47, an inmate at SCI Smithfield, Huntingdon, Pennsylvania, pleaded guilty on May 2, 2018, before Senior United States District Court Judge Sylvia H. Rambo to aiding and assisting in making false statements to the IRS.
According to United States Attorney David J. Freed, Baney admitted to being involved in a prison tax scheme from November 17, 2009 through February 25, 2012. Baney obtained names and social security numbers of inmates to file false tax returns or would send that information to a former inmate who would then prepare and file the fraudulent 1040EZ tax returns with fictitious wages and holdings in order to get a tax refund.
The government is alleging that Baney attempted to receive tax refunds totaling $236,407, to which he was not entitled to receive.
Judge Rambo ordered a presentence report to be completed by the end of June. Sentencing will be scheduled at a later date.
“Tax refunds should only be issued to taxpayers who are entitled to them," said Guy Ficco, Special Agent in Charge IRS Criminal Investigation. “IRS-CI is sworn to protect the tax system and bring to justice those who would steal from the Treasury.”
The investigation was conducted by the Internal Revenue Service Criminal Investigation. Assistant United States Attorney William A. Behe 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 three 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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Wilkes-Barre Township Man Pleads Guilty to Theft of MailRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joseph Stefanski, age 37, of Wilkes-Barre Township, Pennsylvania, pleaded guilty today before Senior United States District Court Judge James M. Munley to theft of mail.
According to United States Attorney David J. Freed, Stefanski admitted to stealing mail between December 2014 and February 2015. The thefts were discovered after postal customers in the areas of Dallas, Shavertown, Plains, Trucksville and Luzerne Township, Luzerne County, complained about mail that was not received and mail that was received with contents missing. Some of the missing contents included cash, gift cards, and lottery tickets.
Further investigation revealed that Stefanski, who was employed by a trucking company hired to transport mail from one post office to another, had removed mail and its contents from mail containers in his truck.
Judge Munley ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The investigation was conducted by the United States Postal Service, Office of Postal Inspection Services. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 5 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Jersey Man Sentenced to 70 Months’ Imprisonment for Bank RobberyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew Tomlin, age 32, of New Jersey, was sentenced on April 16, 2018, by United States District Court Judge James Munley to 70 months’ imprisonment for bank robbery.
According to United States Attorney David J. Freed, on January 31, 2017, Tomlin entered the PNC Bank, located in Carbondale, Pennsylvania, and gave the teller a note stating, “100s, 50s, 20s, and I have a gun,” before taking more than $1,000 and leaving the bank. Minutes after Tomlin left PNC Bank, Carbondale police officers stopped him and recovered the money.
This case was investigated by the Federal Bureau of Investigation and the Carbondale Police Department. Assistant United States Attorney 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 community to develop effective, locally-based strategies to reduce violent crime.
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Franklin County Man Convicted of Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony Michael Cobb, age 48, of Waynesboro, Pennsylvania, was convicted on April 25, 2018, of unlawful possession of firearms and drug trafficking after a two-day jury trial held before United States District Court Judge Sylvia H. Rambo.
According to United States Attorney David J. Freed, the jury returned a verdict of guilty after approximately two hours of deliberations and convicted Cobb of three counts of unlawful possession of five separate firearms and of being a previously convicted felon who was not permitted to possess firearms. The jury also found Cobb guilty of possession with intent to distribute cocaine hydrochloride (powder cocaine), cocaine base (crack cocaine), and heroin.
The charges stemmed from a stabbing and shooting incident in Waynesboro. On May 9, 2016, Waynesboro Police Officers went to Cobb’s apartment with a search warrant and found a firearm, marijuana, cocaine, crack, heroin, an assortment of prescription pills, digital scales, ziplock bags, razor blades, and piles of cash. Police also located firearms at Cobb’s storage unit.
The matter was investigated by the Waynesboro Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorneys James T. Clancy and Carlo D. Marchioli prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 case also is 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.
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 unlawful possession of firearm charges is life in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for each of the drug trafficking charges is 30 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. A sentencing date has not yet been set.
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Pittston Man Convicted of Drug Trafficking and Firearm OffensesRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Samuel Lombardo, age 53, of Pittston, Pennsylvania, was convicted on April 24, 2018, on drug trafficking and firearms charges after a two-day jury trial held before United States District Court Judge James M. Munley.
According to United States Attorney David J. Freed, the jury returned a verdict of guilty after approximately one hour of deliberations and convicted Lombardo of three felony offenses for distribution and possession with the intent to distribute heroin, and possession of a firearm in furtherance of his drug trafficking activity. The evidence at trial established that Lombardo sold heroin on August 12, 2015, and again on August 13, 2015, to a confidential informant of the Kingston Police Department. Immediately after the August 13, 2015 operation, Kingston officers arrested Lombardo and searched his car, recovering seven additional bags of heroin, brass knuckles with a hidden switchblade, over $500, and a loaded .25 caliber semi-automatic handgun.
This was a joint investigation between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kingston Police Department. Assistant United States Attorneys Evan Gotlob and Phil Caraballo prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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.
Lombardo faces a minimum of 5 years’ imprisonment and a maximum term of lifetime imprisonment, a term of supervised release following imprisonment, and fines totaling $3,250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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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 Gamarius Jones, age 23, of Harrisburg, Pennsylvania, was indicted on April 25, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Jones possessed with the intent to distribute crack cocaine on December 5, 12 and 21, 2017, in Dauphin County. The indictment also alleges that on February 12, 2018, in Dauphin County, Jones unlawfully possessed a .45 caliber Springfield handgun as a previously convicted felon.
The matter was investigated by the Harrisburg Police Department, the Office of Attorney General, 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 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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York Man Sentenced to 14 Years’ Imprisonment for Distribution of Crack CocaineRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on April 18, 2018, Chief United States District Court Judge Christopher C. Conner sentenced Jeff Smith, age 30, of York, Pennsylvania, to 168 months’ imprisonment for conspiracy to possess with intent to distribute cocaine base (“crack cocaine”).
According to U.S. Attorney David J. Freed, Smith pled guilty on October 16, 2017 to the charge of conspiracy to possess with intent to distribute 280 grams and more of cocaine base. Smith distributed crack cocaine in the York area from 2014 through his arrest on October 5, 2016. At the time of Smith’s arrest, agents recovered 20 grams of crack cocaine on Smith. During the investigation, agents and detectives seized 180 grams of crack cocaine, along with approximately $15,000 cash from residences associated with Smith.
The case was investigated by the Drug Enforcement Administration and the York City Police Department. Assistant United States Attorney Meredith A. Taylor 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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York 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 Eric T. Banks, age 38, of York, Pennsylvania, was indicted on April 18, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Banks possessed with intent to distribute heroin and cocaine on January 19, 2018, in York. The indictment also alleges that Banks possessed multiple firearms in furtherance of drug trafficking and unlawfully possessed those firearms as a previously convicted felon.
The case was investigated by the Federal Bureau of Investigation and the York County Drug Task Force. 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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense 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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Seven Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that seven previously deported aliens were indicted separately on April 18, 2018, by a federal grand jury for illegal re-entry into the United.
According to United States Attorney David J. Freed, Jorge Martinez-Casas, age 38, of Mexico, was previously deported from the United States to Mexico in June 2016. He is alleged to have illegally re-entered the United States sometime after June 2016, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Rey Sanchez-Fierro, age 42, of Mexico, was previously deported from the United States to Mexico in December 2010, January 2011, and March 2013. He is alleged to have illegally re-entered the United States sometime after March 2013, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Erasmo Rivera-Reyes, age 46, of Mexico, was previously deported from the United States to Mexico in February 2012 and April 2013. He is alleged to have illegally re-entered the United States sometime after April 2013, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Gonzalez-Villegas, age 23, of Mexico, was previously deported from the United States to Mexico in June 2014 and October 2016. He is alleged to have illegally re-entered the United States sometime after October 2016, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Antonio Rodriguez-Ramirez, age 41, of Honduras, was previously deported from the United States to Honduras in September 2001 and January 2011. He is alleged to have illegally re-entered the United States sometime after January 2011, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Rosalio Zamora-Lopez, age 43, of Mexico, was previously deported from the United States to Mexico in January 2011, April 2011, February 2012, March 2014 and March 2014. He is alleged to have illegally re-entered the United States sometime after March 2014, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Omar Lopez-Hernandez, age 29, of Mexico, was previously deported from the United States to Mexico in February 2011. He is alleged to have illegally re-entered the United States sometime after February 2011, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Martinez-Casas, Sanchez-Fierro, Rivera-Reyes, Gonzalez-Villegas, Rodriguez-Ramirez, Zamora-Lopez, Lopez-Hernandez 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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