Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
New Jersey Man Indicted for Transporting A Minor for Sex and Production of Child PornographyRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Taylor, age 29, of Blackwood, New Jersey, was indicted for production of child pornography, transporting a minor to engage in sexual activity, and committing a felony while required to register as a sex offender.
According to United States Attorney David J. Freed, the indictment alleges that between July 15, 2017, and July 18, 2017, Taylor produced child pornography and transported a minor from Pennsylvania to New Jersey with the intent to engage in criminal sexual activity. The indictment also alleges that Taylor committed both felony offenses while required by law to register as a sex offender.
The case was investigated by the Camden County Prosecutor’s Office, the Gloucester Township Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation. Assistant United States Attorney Alisan VanFleet 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.
Taylor faces a mandatory minimum sentence of 15 years in prison and a potential 30-year maximum sentence for the production of child pornography charge and a mandatory 10 years in prison with a maximum penalty of life imprisonment for the transportation charge. Taylor faces a mandatory minimum sentence of ten years for committing a felony offense while required to register as a sex offender. The maximum possible fine for the offenses is $750,000. 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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Wilkes-Barre Woman Sentenced to 60 Months’ 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 March 2, 2018, United States District Judge Malachy E. Mannion sentenced Kassandra Martin, age 36, of Wilkes-Barre, Pennsylvania, to 60 months’ imprisonment, for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Martin pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately November 2016 through February 2017. Martin admitted to transporting controlled substances from New York to Pennsylvania, where she and other members of the conspiracy redistributed them. On February 8, 2017, Martin and two other individuals were arrested after a traffic stop that recovered 18 grams of heroin and 56 grams of crack cocaine from the vehicle’s occupants. Martin admitted that she trafficked in excess of 28 grams of crack cocaine and in excess of 100 grams of heroin (which is the equivalent of 4,000 potentially fatal doses of heroin).
Martin was charged in June 2017, with 14 other individuals. She is the first of the defendants to be sentenced.
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 is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case 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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Additional Charges Filed Against Two Philadelphia Men for Heroin Introduction at USP CanaanRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sable Daniel, age 29, and Russell Whitmore, age 34, both of Philadelphia, Pennsylvania, were charged yesterday in a four-count superseding indictment with additional charges that both Daniel and Whitmore conspired to distribute and possess with intent to distribute heroin, stemming from a delivery of heroin to an inmate at United States Penitentiary, Canaan, (USP Canaan).
According to United States Attorney David Freed, Daniel and Whitmore were originally indicted on December 6, 2016, with charges alleging that Daniel delivered heroin to Whitmore during a visit at USP Canaan. Daniel is also charged with distribution of heroin and providing an inmate with a contraband narcotic, and Whitmore is charged with possession of contraband narcotic by an inmate.
The investigation was conducted by the Federal Bureau of Investigation and officers at USP Canaan. The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Doctor Pleads Guilty to Heath Care Fraud and Opioid Diversion ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Charles J. Gartland, D.O., age 59, of Cochranville, Pennsylvania, pleaded guilty today before United States Magistrate Judge Susan E. Schwab to one count of health care fraud and one count of obtaining possession of a controlled substance by deception.
According to United States Attorney David J. Freed, Gartland perpetrated a scheme to defraud two health care benefit programs, WellSpan Health of York, PA and Medicare, by writing 221 prescriptions between September 2014 and August 2017, for Hydrocodone, Oxycodone, Fentanyl, Morphine and other controlled substances. The prescriptions were issued by Gartland under the names of three of his family members. Of the 221 prescriptions, 194 were for 17,187 Hydrocodone-Ibuprofen 7.5 -200 mg pills.
The prescriptions were never intended for the medical care or treatment of the family members, but instead were intended for Dr. Gartland’s personal use. As such, the prescriptions were outside the scope of professional medical practice and were not issued for a legitimate medical purpose.
Gartland filled the prescriptions at five pharmacies in York, Chester and Lancaster Counties. It’s alleged that Gartland deceived the pharmacies into giving him the pills by making them believe they were intended for his family members. WellSpan and Medicare were allegedly defrauded when they paid claims submitted by the pharmacies for the prescriptions.
Judge Schwab released Gartland on supervised release pending completion of a Pre-Sentence Report. No date has yet been set for sentencing.
The case is being investigated by the Harrisburg Offices of the Drug Enforcement Administration, the U.S. Department of Health and Human Services, Office of the Inspector General, and the Pennsylvania Department of State Bureau of Enforcement and Investigation. Assistant U.S. Attorney Kim Douglas Daniel is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Health Care Fraud is punishable by up to 10 years’ imprisonment and a $250,000 fine. Obtaining Possession of a Controlled Substance by Deception is punishable by up to four years’ 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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Four Lancaster Men Indicted for Burglarizing A Pharmacy and A GunshopRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Henry Morales, age 23; Jorge Santiago, age 19; Fernando Rodriguez, age 20; and Ronald Grover, age 23, all of Lancaster, Pennsylvania, were indicted on February 14, 2018, by a federal grand jury for conspiracy to burglarize a pharmacy, burglary of a pharmacy, conspiracy to possess stolen firearms, and possession of stolen firearms. Morales and Santiago were also charged with being felons in possession of firearms. The case was unsealed following the arrest of defendants.
According to United States Attorney David J. Freed, the indictment alleges that the defendants broke into the Medicine Shoppe located in Lebanon, Pennsylvania on January 17, 2018, and stole various medications to include cough syrup with codeine. The defendants then traveled to the Horseshoe Pike Gunshop in Palmyra, where they broke into the building and stole 12 handguns.
This matter was investigated by the Lebanon Police Department, the Palmyra Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration. Assistant U.S. Attorney Scott Ford 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 opioids. 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 was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 45 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Narcotics Agent Charged with Conspiring to Launder Stolen Drug ProceedsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Timothy B. Riley, age 48, of Philadelphia, Pennsylvania, was charged in a criminal information with conspiring to launder stolen drug proceeds. Riley was formerly employed as a Narcotics Agent with the Pennsylvania Attorney General’s Office Bureau of Narcotics Investigations from 2008 to 2014 and was assigned to the Mobile Street Crimes Unit from 2013 until September 2014, which operated out of Lemoyne, Pennsylvania.
According to United States Attorney David J. Freed, Riley was charged in a one-count information alleging that between June 25, 2014 and September 14, 2014, Riley conspired with others to launder stolen drug proceeds. The information alleges that on June 25, 2014, Riley was notified by an unindicted coconspirator about a large amount of cash from a coast-to-coast marijuana trafficking organization that he was transporting in a rental truck in Pennsylvania. Riley and other members of the Mobile Street Crimes Unit met the unindicted coconspirator at a truck stop in Carlisle, Pennsylvania and seized approximately $1,770,650 in cash located in the rental truck.
After the seizure, the Federal Bureau of Investigation, joined by Internal Revenue Service – Criminal Investigation, conducted a full investigation, revealing that more than $800,000 was stolen by the driver of the truck aided by at least one other unindicted coconspirator, prior to the seizure. The charges filed today allege that after the seizure, Riley received three cash payments from the unindicted coconspirators, totaling $48,000. Riley then deposited and conducted other financial transactions with that money, knowing it was stolen proceeds of drug trafficking.
“It is always a sad day for law enforcement when a person sworn to uphold the law is charged with violating it,” said United States Attorney Freed. “It is vital that members of law enforcement be held to account for illegal conduct. Working with our partners in federal, state and local law enforcement we will continue to attack the scourge of illegal drugs in every way we can, including going after the ill-gotten gains that result from drug dealing. I want to thank our law enforcement colleagues for their hard work in this case, and emphasize the true partnership that we enjoy with Pennsylvania Attorney General Shapiro and his office, whose cooperation was vital in this investigation. This incident, which took place under a prior Attorney General, is in no way reflective of the hard working men and women in the Pennsylvania Office of Attorney General.”
“Law enforcement officers know better than anyone: crime doesn’t pay,” said Michael Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “This defendant allegedly violated his sworn oath for financial gain – at the cost of his integrity, his career, and potentially, his freedom.”
“Offenders, no matter who they are, who choose to abuse the public trust will be held accountable,” said Ed Wirth, Acting Special Agent in Charge of IRS Criminal Investigation. “The filing of today’s information underscores the commitment of IRS Criminal Investigation to work in a collaborative effort to promote honest and ethical government.”
“I want to thank the U.S. Attorney’s Office for its work on this case. My office assisted fully with this investigation, and we will continue doing so,” Attorney General Josh Shapiro said. “This individual’s employment with the Office of Attorney General ended in 2014, under the previous administration. Since I was sworn in as Attorney General in January of 2017, I have made restoring integrity to this office a top priority, and we are succeeding.”
The case was investigated by the Harrisburg Offices of the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, with the full cooperation of the Pennsylvania Office of Attorney General. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Five Federal Inmates Charged with Possession of A WeaponRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that five federal inmates were indicted separately yesterday by a federal grand jury for possession of a weapon in prison.
According to United States Attorney David J. Freed, Ernie Joseph Sandoval, age 31, an inmate at the United States Penitentiary, Lewisburg, Pennsylvania (USP Lewisburg), was indicted by a federal grand jury for possession of a weapon in prison. Sandoval was found in possession of a homemade sharpened piece of plastic, commonly referred to as a “shank,” during a search conducted on August 17, 2017.
Jose Capriata, age 25, an inmate at the Federal Correctional Institution Allenwood, White Deer, Pennsylvania (FCI Allenwood), was indicted by a federal grand jury for possession of a weapon and a controlled substance. On September 17, 2017, Capriata was found in possession of a homemade sharpened piece of plastic and a synthetic cannabinoid, MAB-CHMINACA.
Lenelle Gray, age 37, an inmate at FCI Allenwood, was indicted by a federal grand jury for possession of a weapon in prison. Gray was in possession of a homemade sharpened piece of metal during a search conducted on September 24, 2017.
Jorge Lopez-Cruz, age 47, an inmate at the United States Penitentiary, Allenwood, Pennsylvania (USP Allenwood), was indicted by a federal grand jury for possession of a weapon in prison. Lopez-Cruz was found in possession of a homemade sharpened piece of metal during a search conducted on September 21, 2017.
Michael Moore, age 23, an inmate at USP Allenwood, was indicted by a federal grand jury for possession of a weapon in prison. Moore was found in possession of a homemade sharpened piece of plastic during a search conducted on September 9, 2017.
The charges stem from an investigation by officers at the Federal Bureau of Prisons and the Federal Bureau of Investigation. Assistant United States Attorney Alisan VanFleet is prosecuting the cases.
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 defendants are facing a maximum of five years of incarceration and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Woman Charged with Straw Purchases of FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kassandra Mattox, age 25, of Tobyhanna, Pennsylvania, was indicted on September 19, 2017, by a federal grand jury on multiple counts of making false statements to federally licensed firearms dealers. The indictment was unsealed yesterday following the arrest of Mattox.
According to United States Attorney David J. Freed, the indictment alleges that Mattox provided false information regarding the purchase of three firearms from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on October 24 and 27, 2016, and the purchase of three firearms from Pocono Mountain Firearms, in Scotrun, Monroe County, on October 27, 2016 and November 9, 2016.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, and the Pocono Mountain Regional Police Department. Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates all lesson learned since PSN launched in 2001.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is ten years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 DefendantsRead the Press Release
WASHINGTON – Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts. Of the defendants, 200 were charged criminally. In each case, offenders engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.
“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions. “Today’s actions send a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are. When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today is only the beginning. I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”
The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians. A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim. The schemes charged in these cases caused losses to more than a million victims.
“Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 14 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.
“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich. “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”
Actions against the Mass-mailing Fraud Industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals. In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.
“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue. “They sold false promises of life-changing prizes that never came true. We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”
These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars. Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million. Click here for map showing a transnational, single fraud scheme.
Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year. Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments. Click here for fact-sheet with cases on mass-mailing fraud.
Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases. Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year. Some examples of the elder financial exploitation prosecuted by the Department include:
- “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
- “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust. The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.
Public Education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.
Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them.
Coordination with state officials
Kansas Attorney General Schmidt highlighted the cases filed by state Attorneys General targeting elder frauds within in the sweep period, and he emphasized efforts at the state level to combat elder abuse and protect seniors from fraud and exploitation. He encouraged all of the state Attorneys General to devote enforcement and public education resources to preventing financial exploitation of senior citizens.
Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
Jury Rules in Favor of Prison Physician on Eighth Amendment Claim by Federal PrisonerRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on February 21, 2018, a jury returned a verdict in favor of a prison physician rejecting a prisoner’s claim that his Constitutional rights were violated. The two-day jury trial was held before United States District Court Judge Malachy E. Mannion.
According to United States Attorney David J. Freed, during the summer of 2011, Mitchell Wall, an inmate at the United States Penitentiary at Allenwood, White Deer, Pennsylvania, fell and fractured his back and was being treated by a prison physician. When Wall’s back did not improve, he received a follow-up consultation with a private neurosurgeon. The neurosurgeon recommended Wall be given a lower bunk and Wall claimed he communicated that directly to the prison physician, but the physician still refused to give him the lower bunk. The prison physician disputed Wall’s claim. On February 16, 2012, Wall fell while getting out of the upper-bunk, was transported to a local hospital, and had surgery five days later.
Wall’s lawsuit claimed that the prison physician’s failure to provide him with a lower bunk assignment as recommended by the private neurosurgeon amounted to deliberate indifference to his serious medical needs in violation of his Eighth Amendment right to be free from cruel and unusual punishment. The jury rejected that claim after deliberating for approximately one hour.
The prison physician was represented by Assistant U.S. Attorney G. Michael Thiel.
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Luzerne County Woman Sentenced to 30 Months in Prison for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Megan Fox, age 31, of Nanticoke, Pennsylvania, was sentenced to 2 ½ years in prison on February 20, 2018, by Senior U.S. District Court Judge James M. Munley, for conspiring with others to distribute heroin in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Fox previously admitted to helping Desmond Mercer, the leader of the conspiracy, run his heroin trafficking operation while Mercer was incarcerated in the Luzerne County Prison. Fox admitted to involvement in the distribution and possession with intent to distribute of between 700 grams and 1 kilogram of heroin, which is approximately equivalent to between 28,000 and 40,000 retail bags of heroin.
Desmond Mercer, the leader of the drug conspiracy, previously pleaded guilty and was sentenced to 14 years in prison. Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years in prison for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years in prison. In all, ten defendants have pleaded guilty in connection with the case.
Judge Munley also ordered Fox to forfeit her interest in $15,948 and a Buick vehicle that were seized during the investigation. Fox must also serve three years on supervised release following her prison sentence.
Fox was indicted by a federal grand jury in October 2014, 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 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 was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Luzerne County Man Guilty of Participating in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Charles Davis, III, age 46, of Wilkes-Barre, Pennsylvania, pleaded guilty on February 16, 2018, before Senior U.S. District Court Judge James M. Munley, to conspiring with others to distribute heroin in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Davis admitted to transporting Desmond Mercer, the leader of the conspiracy, to more than 600 heroin transactions and to distributing heroin for Mercer to other customers in Luzerne County. Davis admitted to involvement in the distribution of between 100 and 400 grams of heroin, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.
Desmond Mercer, the leader of the drug conspiracy, previously pleaded guilty and was sentenced to 14 years in prison. Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years in prison for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years in prison.
Davis 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 is prosecuting the case.
Judge Munley ordered a pre-sentence investigation to be completed, and scheduled Davis’ sentencing for May 21, 2018.
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 was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 40 years in prison, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of five 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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Hazleton Man Indicted on Drug Trafficking ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kevin Charles Brown, age 38, of Hazleton, Pennsylvania, was indicted by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that in 2016 Brown conspired to distribute heroin, fentanyl and cocaine and delivered heroin and fentanyl on multiple occasions.
The case was investigated by the Office of Attorney General’s Bureau of Narcotic Investigations, the Luzerne County Drug Task Force and the Federal Bureau of Investigations (FBI). Assistant U.S. Attorney Jenny P. Roberts 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 was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg 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 David Washington, age 43, of Harrisburg, Pennsylvania, was indicted on February 14, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Washington possessed with the intent to distribute cocaine base, heroin, psychostimulants, fentanyl, and clonazepam on August 7, 2017, in Harrisburg. The indictment also alleges that Washington possessed three rifles and three handguns during and in relation to his drug trafficking activities. It is further alleged that at least one of the handguns had previously had its serial number obliterated.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Police Department. Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.]
Indictments 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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Thirteen 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 thirteen previously deported aliens were indicted separately on February 14, 2018, by a federal grand jury for illegal re-entry into the United States by a previously deported alien.
According to United States Attorney David J. Freed, Juan Carlos Leon-Avalos, age 29, of Mexico, was previously deported from the United States to Mexico in October 2011. He is alleged to have illegally re-entered the United States sometime after October 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Mateo Salinas-Oliva, age 32, of Honduras, was previously deported from the United States to Honduras in July 2011. He is alleged to have illegally re-entered the United States sometime after July 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Roberto Pinto-Moreira, age 26, of Honduras, was previously deported from the United States to Honduras on four prior occasions, March 2010, September 2010, March 2011, and November 2011. He is alleged to have illegally re-entered the United States sometime after November 2011, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Milton Andrade-Granados, age 42, of El Salvador, was previously deported from the United States to El Salvador in June 2015. He is alleged to have illegally re-entered the United States sometime after June 2015, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Nolberto Perez-Perez, age 26, of Guatemala, was previously deported from the United States to Guatemala in August 2014. He is alleged to have illegally re-entered the United States sometime after August 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Gonzalez-Martinez, age 37, was previously deported from the United States to Mexico in May 2013. He is alleged to have illegally re-entered the United States sometime after May 2013, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Hector Hernandez-Contreras, age 27, of Mexico, was previously deported from the United States to Mexico in October 2011. He is alleged to have illegally re-entered the United States sometime after October 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Edgar Cruz-Garcia, age 30, of Mexico, was previously deported from the United States to Mexico in June 2015. He is alleged to have illegally re-entered the United States sometime after June 2015, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Ricardo De Jesus-Portillo, age 37, of Honduras, was previously deported from the United States to Honduras in July 2011. He is alleged to have illegally re-entered the United States sometime after July 2011, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Pastor Fonseca-Lara, age 53, of Mexico, was previously deported from the United States to Mexico three times, February 2013, April 2013, and January 2014. He is alleged to have illegally re-entered the United States sometime after January 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Leon-Avalos, Salinas-Oliva, Pinto-Moreira, Andrade-Granados, Perez-Perez, Gonzalez-Martinez, Hernandez-Contreras, Cruz-Garcia, De Jesus-Portillo and Fonseca-Lara all face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
Ambrosio Ramirez-Arriaga, age 32, of Mexico, was previously deported from the United States on two prior occasions, August 2012 and June 2015. He is alleged to have illegally re-entered the United States sometime after June 2015, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers. In June 2012, he was convicted in the District of New Mexico of illegal reentry, an offense which subjects him to enhanced penalties in the current case.
Ramirez-Arriaga faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Tomasz Stypulkowski, age 44, was previously deported from the United States in November 2008. He is alleged to have illegally re-entered the United States sometime after November 2008, and was found in the United States in Monroe County, Pennsylvania after eluding examination or inspection by immigration officers.
Stypulkowski faces a maximum penalty of twenty 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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Tennessee Couple Sentenced to Prison for Unemployment Compensation FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Earl Lafayette Hall, III, age 37, of Arlington, Tennessee, was sentenced on February 15, 2018, to 116 months’ imprisonment and three years’ supervised release by United States District Court Judge Sylvia H. Rambo for conspiracy, mail fraud, money laundering, and aggravated identity theft charges related to an unemployment compensation fraud scheme. Hall’s wife, Renita Blunt, age 33, was sentenced to 29 months’ imprisonment and three years’ supervised release on January 17, 2018, for conspiracy to commit mail fraud and aggravated identity theft counts.
Judge Rambo also ordered Hall to pay $96,431 and Blunt to pay $38,633 restitution to the Utah, Pennsylvania, and Hawaii Departments of Labor.
According to U.S. Attorney David J. Freed, Hall and Blunt were convicted by a jury on March 10, 2017. Hall was convicted on 12 mail fraud counts, 10 money laundering counts, four aggravated identity theft counts, conspiracy to commit mail fraud, and conspiracy to commit money laundering. Blunt was convicted of conspiracy to commit mail fraud and aggravated identity theft. The jury also directed Hall to forfeit the sum of $30,000 and Blunt to forfeit $1,026.
Hall and Blunt applied for Veteran’s unemployment compensation benefits under the Unemployment Compensation for Ex-Service Members Program, commonly known as “The UCX Program.” The UCX Program is a federally funded U.S. Department of Labor program administered by the States. Hall assumed the identity of 10 individuals between 2013 and 2014 in order to receive benefits under the program. Blunt assumed the identity of one individual to receive benefits under the program.
“Hall and Blunt defrauded the Hawaii, Pennsylvania, and Utah unemployment insurance agencies by conspiring to steal the identities of ex-military members in order to receive benefits under the Unemployment Compensation for Ex-Service Members (UCX) Program. We will continue to work with our law enforcement partners to safeguard the UCX Program, a federally funded U.S. Department of Labor unemployment compensation program,” said Richard Deer, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
The investigation was conducted by the U.S. Department of Labor Office of Inspector General, U.S. Defense Criminal Investigative Service, U.S. Postal Inspection Service with assistance from Pennsylvania Department of Labor and Industry, Internal Audits Division, Pennsylvania Department of Labor and Industry, Office of Unemployment Compensation Benefits and Policy, and the Pennsylvania Department of the Treasury, Office of Unemployment Compensation Disbursements. Assistant U.S. Attorneys Kim Douglas Daniel and Scott R. Ford prosecuted the case.
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Wilkes-Barre Man Sentenced to Twelve Years in Prison for Possession with Intent to Distribute CocaineRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jahkel Lamar, age 37, of Wilkes-Barre, Pennsylvania, was sentenced on February 14, 2018, by U.S. District Court Judge Malachy E. Mannion to serve 12 years’ imprisonment and four years of supervised release for possession with intent to distribute crack cocaine.
According to United States Attorney David J. Freed, Lamar was indicted in September 2016, and previously pleaded guilty before Judge Mannion in April 2017. On September 1, 2016, Lamar was arrested at a bus terminal on Lackawanna Avenue in Scranton, and found in possession of approximately 127 grams of crack cocaine which Lamar intended to distribute. At the time of his arrest, Lamar had just returned to Scranton by bus from New York City.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Scranton Police Department, Special Investigations Division. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Gettysburg Man Charged with Robbing PharmacyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Zachary Edward Kuhn, age 26, of Gettysburg, Pennsylvania, was charged in a criminal information on February 6, 2018, with the robbery of a pharmacy.
According to United States Attorney David J. Freed, the criminal information alleges that on June 20, 2016, the defendant attempted to rob a pharmacy located in Waynesboro, Pennsylvania.
The federal investigation was conducted by the Waynesboro Police Department and the Drug Enforcement Administration. Assistant United States Attorney Joseph J. Terz is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 25 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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Ebensburg Woman Sentenced for Removing Funds from Bank Customers’ AccountsRead the Press Release
JOHNSTOWN, Pa. - A resident of Ebensburg, Pa., has been sentenced in federal court to two months in prison, three years’ supervised release, with the first six months to be served as home confinement with electronic monitoring, on her conviction of misapplication of funds by a bank employee, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Tonya Wade, 44, of Ebensburg, Pa.
According to information presented to the court, from Sept. 17, 2012, to Aug. 29, 2013, Wade, while employed as a teller at C & G Savings Bank in Gallitzin, Pa, removed $23,175 from customers’ accounts and thereafter converted those funds to her personal use.
Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Wade.
York Gang Member Who Stabbed A Witness While Awaiting Sentencing Gets Life in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Yvette Kane sentenced Maurice Atkinson, a/k/a “Mo,” age 30, a member of a gang that has operated for a decade or more in the City of York, to life imprisonment on February 12, 2018, for racketeering and drug distribution conspiracies.
According to United States Attorney David J. Freed, Atkinson, who was identified as a member of the “Southside” street gang and the “Bloods,” was the fourth gang member from the “Southside” case that Judge Kane sentenced to life imprisonment.
At the sentencing hearing, the United States presented evidence of Atkinson’s involvement in the violent gang activity that was the subject of the two-month long trial and how Atkinson did not stop acting for the gang, even as he awaited sentencing.
Judge Kane also heard testimony from a cooperating Blood gang member, who was housed in Dauphin County Prison with Atkinson and other Blood/Southside gang members. The cooperating gang member testified that in September 2017, Atkinson and some of his fellow gang members suspected that he was an informant working with the police and suspected that he was disclosing how the gang was smuggling drugs and phones into the prison. On September 9, 2017, Atkinson and other gang members assaulted and repeatedly stabbed him in the back while he was in the prison shower. Video footage from the prison corroborated the attack.
The government noted that at the time of this prison assault, Atkinson was already facing a life sentence for being involved in the gang conspiracy. The government highlighted that evidence at trial included a video of a Southside gang melee with a rivals from “Parkway.” In the video footage, Atkinson can be seen repeatedly kicking, beating, and stomping a rival gang member.
Judge Kane noted that the violence associated with the gang was extraordinary. It included numerous killings, including the deaths of rival gang members, fellow gang members, innocent bystanders, and children. Prior attempts by state officials had “failed” to reform him. Even with the prospect of a life sentence pending before him in this federal case, Atkinson continued with his violent gang activities. With this backdrop, Judge Kane said that there is “very little to suggest that [Atkinson] would turn his back on this life.” Judge Kane indicated that Atkinson’s “life sentence was well-earned.”
In November 2015, a jury convicted Atkinson of racketeering conspiracy, drug trafficking conspiracy, and drug trafficking after a seven-week trial. It included over 100 witnesses called by the government, including York City Police officers and detectives, federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI and gang members who had previously pleaded guilty and featured the presentation of over 500 exhibits. Among the exhibits were videos of violent incidents involving the Southside Gang, drugs, cash and property seized by police and ATF agents as part of the investigation.
The jury also convicted the other 11 men who went to trial with Atkinson.
Overall, the jury found seven of the 12 men on trial guilty of racketeering conspiracy and conspiracy to distribute drugs, mainly cocaine base (crack) and cocaine, but including heroin in some instances. Two others were found not guilty of the racketeering charge but were found guilty of the drug distribution conspiracy count of the indictment. Three of the defendants were found not guilty of either of the conspiracy counts. The jury found all 12 defendants guilty of possession of illegal drugs with the intent to distribute. Two defendants were also charged and found guilty of, possession of firearms in furtherance of drug trafficking.
The principal defendants, specifically the most violent and those in leading roles, were found guilty of the racketeering conspiracy charges. The individual defendants and the charges on which they were sentenced:
- Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 3, 2017, to life imprisonment;
- Marc Hernandez, a/k/a “Marky D,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 25, 2017, to life imprisonment;
- Douglas Kelly, a/k/a “Killer,” age 39; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 12, 2017, to life imprisonment;
- Roscoe Villega, a/k/a “P Shawn,” age 44; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on November 15, 2017, to 25 years’ imprisonment;
- Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 7, 2017, to 200 months’ imprisonment;
- Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 21, 2017, to 165 months’ imprisonment;
- Richard Nolden, age 28; racketeering conspiracy was sentenced on December 21, 2017, to 25 years’ imprisonment;
- Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced on June 5, 2017, to 33 months’ imprisonment;
- Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced on November 10, 2016 to 34 months’ imprisonment;
- Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced on May 15, 2017, to 60 months’ imprisonment.
The individual defendants and the charges on which they are awaiting sentencing:
- Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver;
- Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver.
Southside gang members who pleaded guilty to racketeering conspiracy prior to the trial are and who are awaiting sentencing are:
- James Abney, a/k/a “Doocs,” age 31.
- Malik Sturdivant, a/k/a “Base,” age 25.
- Jahkeem Abney, a/k/a “Foo,” age 27.
- Ronald Payton, a/k/a “Ron Ron,” age 25.
- Cordaress Rogers, a/k/a “Tank,” age 31.
- Marquis Williams, a/k/a “Quis,” age 29.
- Jerrod Brown, a/k/a “Boogie,” age 28.
- Quintez Hall, a/k/a “Q,” age 25.
The case included the participation and assistance of the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, the Federal Bureau of Investigation, and the U.S. Marshals Service. Assistant U.S. Attorneys Michael A. Consiglio, William Houser, and Joseph Terz prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Shavertown Bookkeeper Sentenced to 38 Months’ Imprisonment for Embezzling Nearly $450,000 and for Obstructing the IRSRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Richard J. Morgan, age 54, of Shavertown, Pennsylvania, was sentenced by United States District Court Judge James M. Munley to 38 months’ imprisonment and five years of supervised release, for committing bank fraud and interfering with the administration of the internal revenue laws. Morgan was also ordered to pay $494,618.85 in restitution to his victims and the IRS.
According to United States Attorney David J. Freed, Morgan owned and operated Wilkes-Barre Bookkeeping LLC, a Shavertown, Pennsylvania-based business that provided payroll services to its clients. Local businesses contracted Morgan to pay employee payroll and salary expenses, to file IRS Form 941 Employer Quarterly Federal Tax Returns, and to remit employment tax liabilities to federal, state and local taxation authorities. For three of his clients, Morgan failed to file the IRS Forms 941 and remit the employment taxes to the appropriate authorities, instead embezzling the funds for his own personal use. Between March 2010 and October 2016, Morgan embezzled $376,224.85 from those clients, all while lying to them about his activities.
Morgan also served as a Treasurer for a non-profit corporation and was tasked with selling its assets and winding up its operations when it closed in February 2010. Instead, after paying the non-profit corporation’s outstanding liabilities, Morgan embezzled the remaining residual sales proceeds of $68,172.
When the IRS commenced an investigation of Morgan’s activities, he took steps to impede the revenue agents and conceal his embezzlements. Morgan claimed to be working with fictitious IRS employees to resolve the matter, and provided the IRS with altered bank statements and accounting records. Morgan owes the IRS approximately $50,222 for unpaid taxes on his embezzled funds.
In pronouncing the sentence, Judge Munley highlighted Morgan’s attempts to conceal his activities from the IRS, and that Morgan continued embezzling funds from one of his clients even after becoming aware of the federal criminal investigation into his activities. Judge Munley also focused on Morgan’s use of the embezzled money to fund life luxuries, and the damages he inflicted on local small businesses and non-profit organizations.
The investigation was conducted by the Internal Revenue Service, Criminal Investigation Division. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.
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Wyoming County Dentist Indicted for Unlawful Distribution of Controlled SubstancesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Wyoming County dentist, Christopher Bereznak, age 48, was indicted by a federal grand jury on February 6, 2018, for unlawfully distributing controlled substances without a legitimate medical purpose.
According to United States Attorney David J. Freed, the 9-count indictment alleges that beginning in June 2016 and continuing into July 2016, Bereznak unlawfully provided controlled substances to someone with whom he had no legitimate doctor/patient relationship, without legitimate medical necessity, and outside the scope of a professional practice.
Bereznak’s license to practice dentistry in Pennsylvania and his DEA registration have been suspended.
The charges stem from an investigation by the Drug Enforcement Administration, Scranton, the Olyphant Police Department, and the Lackawanna County District Attorney’s Office. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wilkes Barre Man Charged with Cocaine PossessionRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jesse Carey, age 30, of Wilkes-Barre, Pennsylvania, was indicted on February 6, 2018, by a federal grand jury for possession with the intent to distribute cocaine.
According to United States Attorney David J. Freed, the indictment alleges that in August 2017, Carey was detained by the Mount Airy Lodge Casino Security staff for showing fake identification at the casino. After being detained, Carey tried to flee but security officers apprehended him with cocaine in his possession.
The investigation was conducted by the Federal Bureau of Investigation and Pennsylvania State Police. Assistant United States Attorney Evan Gotlob is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 drug conspiracy is 20 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Luzerne Man Charged with Drug Distribution Resulting in DeathRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael F. Bogdon, age 25, of Kingston, Pennsylvania, was indicted on February 6, 2018, by a federal grand jury for drug distribution resulting in death.
According to United States Attorney David J. Freed, the indictment alleges that on or about December 12, 2017, Bogdon knowingly and intentionally distributed and possessed with intent to distribute a controlled substance, fentanyl, a Schedule II controlled substance, resulting in the death of another. Bogdon is also charged in a separate count with possession with intent to distribute a controlled substance.
The charges stem from a joint investigation involving the Federal Bureau of Investigation in Scranton, and the Kingston Police Department. United States Attorney Michelle Olshefski is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 guilty 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 drug distribution resulting in death is life imprisonment. The maximum penalty for possession with intent to distribute a controlled substance is 20 years’ imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Luzerne County Man Sentenced to 20 Months in Prison for Unlawfully Possessing A Firearm as A Convicted FelonRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Romasiewicz, age 25, of Exeter, Pennsylvania, was sentenced to 20 months in prison on February 6, 2018, by Senior U.S. District Court Judge James M. Munley, for unlawfully possessing a firearm as a convicted felon.
According to United States Attorney David J. Freed, Romasiewicz previously admitted to possessing a handgun in late July-early August 2017. At the time Romasiewicz possessed the handgun, he had a previous conviction for a federal drug trafficking offense.
Romasiewicz was charged in an Information filed by the United States Attorney’s Office in October 2017. Judge Munley also ordered Romasiewicz to serve three years on supervised release following his prison sentence.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Federal Inmate Charged with EscapeRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Harvey Shaner, age 51, an inmate housed at the United States Federal Prison Camp, FCI Schuylkill, in Minersville, Pennsylvania, was indicted on February 6, 2018, by a federal grand jury with escape.
According to United States Attorney David J. Freed, Shaner escaped from the United States Federal Prison Camp, FCI Schuylkill, in Minersville, Pennsylvania on December 22, 2017. He was subsequently taken into custody on January 3, 2018.
The investigation was conducted by the United States Marshals Service in Scranton. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
Indictments and Criminal Informations are only allegations.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal escape statute is 5 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Guilty of Heroin Trafficking and Gun ChargesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Laurence Cadogan, age 33, of Stroudsburg, pleaded guilty today to charges of heroin trafficking and unlawfully possessing a firearm in furtherance of drug trafficking, before U.S. District Court Judge Malachy E. Mannion.
According to United States Attorney David J. Freed, Cadogan, admitted 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 allegedly occurred on October 26, 2016, in Tannersville. Police and federal agents seized more than 3000 bags of heroin and two firearms during the investigation. Cadogan also agreed to forfeit the two firearms seized by agent.
Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing will be scheduled after the submission of a pre-sentence report to the court.
Cadogan was indicted by a grand jury in February 2017.
The charges against the 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 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 was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
The maximum penalty under federal law for the gun offense is life in prison, a term of supervised release following imprisonment, and a fine. That charge also carries a mandatory minimum penalty of five years in prison. The maximum penalty under federal law for the drug offense is 20 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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Federal Inmate Charged with Possession of A WeaponRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport indicted a prisoner at the Federal Correctional Institute Allenwood (FCI Allenwood) on the charge of possessing a weapon in prison.
According to United States Attorney David J. Freed, Lavon Caldwell, age 36, was found in possession of two improvised shanks during a search conducted on March 7, 2017.
The charges stem from an investigation by officers at FCI Allenwood and agents of the Federal Bureau of Investigation. Special Assistant United States Attorney Michael P. FiggsGanter is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The defendant is facing a maximum of five years of incarceration and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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United States Attorney’s Office Reaches Settlement with Cumberland County over Polling Place Access for VotersRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today a settlement with Cumberland County, PA, under Title II of the Americans with Disabilities Act to improve physical accessibility at the county’s polling places for individuals who use wheel chairs and other mobility aids, and for individuals who are blind or have vision impairments.
According to United States Attorney David J. Freed, in the April 26, 2016 primary election, the United States Attorney’s Office, along with an architect from the Department of Justice, surveyed 52 of the county’s 118 polling place locations. The survey resulted in a finding that many of the county’s polling places contained barriers for persons with disabilities. Title II of the ADA prohibits discrimination on the basis of disability by a state or local government in any of its programs or services, including its voting program. Thus, the ADA requires Cumberland County to select and use polling places that are accessible to persons with disabilities.
As a result of the survey’s findings, Cumberland County is working collaboratively with the United States Attorney’s Office to make all polling places accessible. Under the terms of the agreement, the county will use an evaluation form for each current and prospective polling place based on ADA architectural standards. The settlement requires the county to either relocate inaccessible polling places to new, accessible facilities, or to use temporary measures such as portable ramps, signs, traffic cones and doorbells, where appropriate to ensure accessibility on Election Day.
“The right to vote should not be impeded, as it is the foundation of our democracy,” said U.S. Attorney Freed. “We commend Cumberland County for their cooperation in meeting their ADA obligations so that all persons with disabilities have equal opportunities to vote in person at their polling places alongside their neighbors.”
This investigation was handled by Assistant United States Attorney Michael J. Butler with the assistance of the United States Department of Justice, Civil Rights Division (Disability Rights Section). Those interested in finding out more about the ADA can access the ADA website at www.ada.gov.
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United States Withdraws Appeal of Medical Malpractice JudgmentRead the Press Release
Harrisburg - The United States Attorney’s Office for the Middle District of Pennsylvania announced that it withdrew an appeal of an April 20, 2017 district court decision that included findings of fact and conclusions of law, and its verdict and judgment on May 9, 2017.
In this FTCA medical malpractice action, the district court entered a verdict in favor of Plaintiffs Christina Late and Nathan Armolt, individually, and as parents and natural guardians of D.A., a minor. The court awarded plaintiffs $103,967.10 in past medical expenses; $5,000,000 in past and future noneconomic damages; and $3,553,616 in lost earnings and fringe benefits. The court also awarded plaintiffs future medical expenses at a present value of $9,309,503.90 and at a future value of $32,984,383.50.
The future value payment of $32,984,383.50 will be provided to the Clerk’s Office for the Middle District of Pennsylvania. The Clerk will deposit the money in an interest bearing account. The Clerk will then make yearly payments to the Plaintiffs per the Court’s schedule for the next 74 years. All interest earned in the account will be returned to the United States at the end of the 74 years or when the minor dies, whichever occurs first.
According to United States Attorney David J. Freed, the United States often files protective notice of appeal, while the Solicitor General’s Office determines whether an appeal should be continued. In this case, the Solicitor General’s Office determined that an appeal should not proceed. Because of attorney-work product and deliberative-process considerations, no further information can be provided about this decision.
“The United States Attorney’s Offices throughout the country are tasked with defending government employees accused of medical malpractice, and there are times when district courts will find our employees negligent,” said U.S. Attorney Freed. “Our mission, however, is to defend the government’s employees and to limit damages with the assistance of medical and economic experts. We respect the court’s decision in this matter, and wish nothing but the best for the minor child and his parents.”
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Pittston Man Sentenced to 33 Month’s Imprisonment for Role in Drug ConspiracyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on January 31, 2018, United States District Court Judge Malachy E. Mannion sentenced Evans Samuel Santos Diaz, age 33, of Pittston, Pennsylvania, to 33 months’ imprisonment for his role in a drug conspiracy.
According to United States Attorney David J. Freed, Santos Diaz was convicted after a three-day trial in August 2017, of conspiring to distribute cocaine and 30 grams of heroin (which equates to approximately 1,200 individual doses) throughout Northeastern Pennsylvania between February and April 2016.
Santos Diaz was indicted by a grand jury on October 25, 2016.
The investigation was conducted by the Drug Enforcement Administration, the Federal Bureau of Investigation, Pennsylvania State Police, and the Scranton and Wilkes-Barre Police Departments. Assistant United States Attorneys Evan Gotlob and Sean Camoni 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.
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Hazleton Man Sentenced to Two Years in Prison for Making Straw Purchases of FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Amaury Guzman-Escobar, age 31, of Hazleton, Luzerne County, was sentenced today by United States District Court Judge Malachy E. Mannion, to serve two years in prison on the charge of conspiracy to make false statements to a federally licensed firearms dealer.
According to United States Attorney David J. Freed, Guzman-Escobar admitted that he and another individual, Crystal Muentes, age 34, of Scranton, provided false information regarding the purchase of two firearms from Dave’s Gun Shop, in Drums, Luzerne County, on June 1, 2016 and June 17, 2016, and the purchase of a firearm from Ed’s Sports Shop in Tamaqua, Schuylkill County, on June 17, 2016. Two of the firearms purchased by Guzman-Escobar and Muentes were later recovered in the mail by Postal Inspectors in Puerto Rico.
In addition to the sentence of imprisonment, Judge Mannion ordered that Guzman-Escobar be supervised by a probation officer for three years after his release from prison.
Crystal Muentes was previously sentenced by Judge Mannion to serve two years of probation.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Postal Inspection Service. Members of the Scranton Police Department also participated in the investigation. Assistant U.S. Attorney Robert J. O’Hara prosecuted the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
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Hazleton Man Charged with Receiving Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Portanova, age 27, of Hazleton, was indicted on January 23, 2018, by a federal grand jury for receiving child pornography. The case was unsealed following Portanova’s initial appearance before United States Magistrate Judge Karoline Mehalchick.
According to United States Attorney David J. Freed, the indictment alleges that Portanova committed the offense between August 2017 and October 30, 2017, in Luzerne County. The indictment also alleges that Portanova used a computer and cell phone to commit the crime.
The indictment further alleges that Portanova committed the offense after having been convicted of dissemination and possession of child pornography in Luzerne County in 2014.
The case was investigated by Homeland Security Investigations and the Luzerne County District Attorney’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 40 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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Harrisburg Man Sentenced to 15 Years’ Imprisonment for Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Saquan Parker, age 34, of Harrisburg, Pennsylvania, was sentenced on February 1, 2018, by United States District Court Judge Yvette Kane to 180 months’ imprisonment for firearm charges.
According to United States Attorney David J. Freed, on August 18, 2015, Parker and co-defendant Jordan Keys tried to sell four stolen firearms (CBC .22 caliber rifle, Remington 12 gauge shotgun, Winchester 30/30 rifle, and a Marlin .22 caliber rifle) to a pawn broker in Susquehanna Township, Dauphin County. Parker and Keys were arrested at that time by the Susquehanna Township Police Department. Parker was a convicted felon who illegally possessed the four stolen firearms.
Keys was sentenced on November 16, 2017, to 36 months’ imprisonment.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
The investigation was conducted by Harrisburg Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Susquehanna Township and Fairview Township Police Departments. Assistant United States Attorneys William Behe and Michelle Olshefski prosecuted the case.
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Additional Explosives Charges Filed Against Luzerne County ManRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on January 30, 2018, a federal grand jury in Scranton returned a superseding indictment charging Roberto Torner, age 44, a resident of Freeland, Pennsylvania, with additional explosives offenses.
According to United States Attorney David J. Freed, the superseding indictment alleges that Torner possessed stolen C-4 explosives between September 6, 2017 to January 5, 2018. Torner and two other individuals, Liza Robles, age 33, and David Alzugaray-Lugones, age 48, previously were charged with various heroin distribution and firearms offenses on November 7, 2017. Torner was on pretrial release at the time of the alleged explosives offenses, but has since been taken into custody.
Torner, Robles and Alzugaray-Lugones were previously charged with conspiring to distribute heroin from June 2, 2015 to June 8, 2015. All three individuals also were charged with distributing heroin on June 8, 2015.
Torner and Robles were previously charged with conspiring, from May 12, 2012 to August 28, 2017, to provide firearms and ammunition to a convicted felon and to possess firearms and ammunition as a convicted felon. The indictment alleges that Robles purchased six firearms from various federal firearms licensees and other unnamed individuals, including two assault rifles, and provided them to Torner, a convicted felon prohibited from purchasing firearms. The indictment also alleges that Torner purchased a shotgun from an unnamed individual.
Robles also was initially charged with providing firearms and ammunition to Torner, despite knowing of his status as a felon. Torner also was charged with being a felon in possession of firearms and ammunition. Alzugaray-Lugones also was initially charged with being an illegal alien in possession of a firearm and ammunition.
The superseding indictment seeks forfeiture of $4,000, over 1,500 rounds of ammunitions, and various firearms seized during the investigation. The firearms are:
• Magnum Research 1911U .45acp;
• Hi-Point JHP .45acp;
• Stag Arms STAG-15, .223 cal. (a semiautomatic firearm that is capable of accepting a large capacity magazine);
• Mossberg 500 12-gauge shotgun;
• Norinco MAC90 (a semiautomatic firearm that is capable of accepting a large capacity magazine); and a
• Tikka T3, 30.06 rifle.
The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms. The case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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 narcotics charges are 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalties under federal law for the most serious firearms and explosives charges are 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant. # # #
York Woman Charged with Wire FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wendi E. Detter, age 44, of York, Pennsylvania, was charged in a criminal information on January 31, 2018, with wire fraud.
According to United States Attorney David J. Freed, Detter, who had been President and part owner of YCP, Inc., a construction and excavation business, embezzled more than $100,000 from YCP, Inc. The information alleges from January 2010 through June 2016, Detter used her position and her access to financial accounts to write herself checks for her own personal use and financial gain. The information also alleges that, in order to conceal the embezzlement, Detter made false entries in the company's QuickBooks accounting software she maintained as part of her duties.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph J. Terz 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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under the federal statute is 20 years' imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Additional Defendants Charged in Monroe County-Based Drug and Sex Trafficking ConspiraciesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton returned a second superseding indictment on January 30, 2018, charging two additional defendants, Arthur Taylor, age 35, of Tobyhanna, PA and Jordan Capone, age 23, of Mt. Pocono, PA, with participating in Monroe County-based drug and sex trafficking conspiracies.
According to United States Attorney David J. Freed, the second superseding indictment charges Taylor, Capone, and Jamiell Sims, age 29, of East Stroudsburg, PA, with conspiring with each other and others, to distribute and possess with intent to distribute cocaine base (“crack”), percocet, molly (MDMA), and heroin in an operation that allegedly stretched from New York to Stroudsburg, Pennsylvania to the state of Maine. The second superseding indictment alleges that the drug trafficking conspiracy began in 2010, and continued until the present.
The case was unsealed today following the arrest of Taylor and Capone. Sims had been charged in a previous indictment in October 2016. All three defendants are in custody.
It is alleged that the defendants were involved in trafficking more than 100 grams of heroin, which is approximately equivalent to more than 4,000 retail bags. Sims is also charged with four counts of distributing heroin in September-October 2016, and Capone is charged with possession with intent to distribute “molly” (MDMA) during 2012-2014.
The second superseding indictment further alleges that Taylor, Capone, and Sims conspired with each other and others to commit sex trafficking by force, fraud and coercion. All three defendants are also charged with four counts of sex trafficking by force, fraud and coercion taking place between 2011 and 2014.
The second superseding indictment alleges that the defendants were part of a street gang known as the “Black P-Stones,” whose members allegedly were “beaten-in” or “sexed-in” to the gang.
According to the second superseding indictment, the defendants and/or their co-conspirators obtained heroin and other drugs from suppliers in New York and elsewhere, and distributed the drug to others in Monroe County, Pennsylvania, and Maine.
It is further alleged that the defendants used intimidation and drugs to coerce females to engage in prostitution at hotels and motels in the Monroe County area, and posted advertisements on the adult entertainment section of a website to solicit customers for prostitution.
Sims is also charged with attempting to tamper with a witness connected to the case. Taylor is charged with conspiracy to interfere with commerce (drugs and money) by robbery.
The charges against the defendants resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, Maine State Police, 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.
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.
If convicted of the drug conspiracy charge, the defendants face a mandatory minimum sentence of five years’ imprisonment and a potential maximum sentence of 40 years’ imprisonment. The drug distribution counts against Sims and Capone each carry a potential maximum sentence of 20 years’ imprisonment. The sex trafficking offenses carry a mandatory minimum sentence of 15 years’ imprisonment and a potential maximum sentence of life imprisonment. Sims’ witness tampering charge carries a potential maximum sentence of 20 years’ imprisonment. Taylor’s charge of interference with commerce by robbery carries a potential maximum sentence 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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Former CEO of Scranton Federal Credit Union Sentenced to 70 Months’ ImprisonmentRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Malachy E. Mannion sentenced Sean Jelen, age 35, of Breezy Point, NY, to 70 months’ imprisonment and four years of supervised release on January 31, 2018, for bank fraud and attempted bank fraud offenses.
According to United States Attorney David J. Freed, Jelen served as the CEO of Valor Federal Credit Union (Valor), now known as Pentagon Federal Credit Union, from 2012 to 2015. In July 2016, Jelen pleaded guilty to defrauding and attempting to defraud Valor and several insurance companies, both before and after his tenure as CEO. Jelen’s criminal activities, many of which involved the use of forged and altered documents, and the impersonation of others, included:
- Causing Valor to pay $34,500 of his personal credit card debt by forging a fake service contract between Valor and a non-existent entity;
- Obtaining a $450,000 line of credit from Valor by using altered bank records to conceal his existing mortgage liability;
- Causing Valor to pay over $30,000 to fund his wife’s birthday party, by forging a fake service contract between Valor and a non-existent entity;
- Embezzling nearly $140,000 from Valor by causing it to double-pay his life insurance premium directly to his own bank account;
- Rigging the Valor Board of Directors election to elect two candidates who he subsequently impersonated;
- Causing Valor to fund a $25,000 golf tournament sponsorship at his alma mater, while altering records to disguise it as a donation to a local soup kitchen;
- Providing false documents to the National Credit Union Administration to deflect its investigation of his activities;
- Forging a severance contract in an attempt to trigger millions of dollars in payouts and benefits upon his termination from Valor;
- Attempting to obtain the surrender value of various life insurance contracts owned by Valor; and
- Impersonating his physician, psychiatrist, and former employee in an attempt to obtain disability insurance payments after his termination from Valor.
In pronouncing the sentence, Judge Mannion highlighted the disturbing nature of Jelen’s conduct, and that his criminal activities continued after he was aware of the federal criminal investigation. Judge Mannion also focused on Jelen’s use of embezzled money to fund life luxuries, naming greed and power as his motivation.
Judge Mannion ordered Jelen to pay $694,971.88 in restitution to the victims of his crimes. The United States is seeking forfeiture of a vacation home in Breezy Point, New York, that Jelen purchased with the proceeds of his frauds.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Phil Caraballo and Evan Gotlob.
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Two Men Convicted of Engaging in Child Exploitation ConspiracyRead the Press Release
HARRISBURG – A Lemon Grove, California resident, and a Harrodsburg, Kentucky resident were convicted on January 25, 2018, on multiple child exploitation crimes, including conspiracy offenses, in Harrisburg, Pennsylvania after a seven-day jury trial before United States District Court Judge Yvette Kane, announced U.S. Attorney David J. Freed of the Middle District of Pennsylvania, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Deputy Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
William Staples, 57, a resident of Harrodsburg, Kentucky, was found guilty of conspiracy to advertise child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
Dylan Heatherly, 34, a student in Lemon Grove, California, was found guilty of conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
A sentencing date has not yet been scheduled.
“Yesterday’s verdicts mark the latest chapter in the Department’s unwavering commitment to targeting dangerous child sex offenders,” said Acting Assistant Attorney General Cronan. “The prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a six-year-old child on a live-streaming, video-conferencing platform, resulted in 15 fewer child predators on our streets. We will continue to work closely with our domestic and foreign law enforcement partners to identify and punish child sex offenders who seek to use technological means to commit their heinous crimes.”
“The production and distribution of child sexual abuse material is a horrific crime that can negatively affect victims for their entire lives,” said HSI Deputy Executive Associate Director Benner. “ICE agents are committed to aggressively investigating these crimes to ensure that child predators can’t maintain anonymity behind emerging online platforms and complicated criminal schemes.”
“Yesterday’s verdicts and the results in all of these prosecutions provide a stark reminder that criminals who would harm and exploit our children in the most devastating ways know no boundaries: local, state or national,” said United States Attorney Freed. “This case began with the sharp eyes of a Toronto police detective and involved local, state and federal law enforcement in an outstanding concerted effort to bring these predators to justice and save the lives of their victims. We owe a great debt to the dedicated law enforcement agents and prosecutors who have seen this case to a successful conclusion.”
According to trial evidence, between April 11, 2014 and May 11, 2016, Staples, Heatherly, and 12 co-conspirators located in different states worked together and with others to create a secure space on a video conferencing website where like-minded individuals could regularly live-stream videos of child pornography of prepubescent children, some as young as infants, to each other in an effort to minimize any evidence of such child pornography being located on their individual devices. In addition to streaming pre-recorded videos of child pornography, on July 22, 2015, an undercover Toronto Police Detective Constable observed a six-year-old child being sexually abused live via video conference for everyone in the secure space to see. Many individuals commented on and encouraged the sexual abuse of the child in real time. The following day, on July 23, 2015, law enforcement rescued the child and arrested co-conspirator William Augusta who had been sexually abusing the child.
In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial:
William Augusta, 21, a resident of Carlisle, Pennsylvania, pleaded guilty on Oct. 28, 2016, to each of the 13 counts with which he was charged, including multiple counts of production of child pornography involving two different children. On Oct. 31, 2017, Judge Kane sentenced Augusta to serve 60 years in prison to be followed by a lifetime of supervised release.
Scott Lane, 34, former Executive Director of Donor Relations and Fundraising Programs for Pace University, of Manhattan, pleaded guilty on Jan. 11, five days before trial was set to begin, to each of the six counts with which he was charged, including conspiracy to produce child pornography; aiding and abetting the production of child pornography; conspiracy to advertise child pornography; advertising child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography. A sentencing date has not yet been scheduled.
Matthew Fensler, 25, a resident of Phoenix, Arizona, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Fensler to serve 35 years in prison to be followed by 15 years of supervised release.
David Sewell, 31, a resident of Ft. Lauderdale, Florida, pleaded guilty on Dec. 12, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Sewell to serve 35 years in prison to be followed by 15 years of supervised release.
Moises Marquez, 30, a resident of San Diego, California, pleaded guilty on Sept. 28, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On June 28, 2017, Judge Kane sentenced Marquez to serve 30 years in prison to be followed by 15 years of supervised release.
Jason Bolden, 47, a resident of Duluth, Georgia, pleaded guilty on Dec. 14, 2016, to conspiracy to advertise child pornography. On July 26, 2017, Judge Kane sentenced Bolden to serve 30 years in prison to be followed by 10 years of supervised release.
Franklyn Molina, 35, a resident of Shippensburg, Pennsylvania, pleaded guilty on March 24, 2017, to conspiracy to advertise child pornography and to an Information separately charging receipt of child pornography. On Sept. 20, 2017, Judge Kane sentenced Molina to serve 195 months in prison to be followed by 15 years of supervised release.
Casey O’Dell, 34, a resident of Albuquerque, New Mexico, pleaded guilty on Dec. 14, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On Oct. 24, 2017, Judge Kane sentenced O’Dell to serve 40 years in prison to be followed by 15 years of supervised release.
James Reese, 59, a resident of Des Moines, Iowa, pleaded guilty on Oct. 28, 2016, to conspiracy to advertise child pornography. On Nov. 7, 2017, Judge Kane sentenced Reese to serve 20 years in prison to be followed by 10 years of supervised release.
Paul Stamm, 56, a resident of Cincinnati, Ohio, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography, a charge unrelated to the video conferencing website. On Sept. 28, 2017, Judge Kane sentenced Stamm to serve 30 years in prison to be followed by 15 years of supervised release.
Ed Westbury, 64, a resident of Lufkin, Texas, pleaded guilty on Dec. 8, 2016, to conspiracy to receive/distribute child pornography. On June 14, 2017, Judge Kane sentenced Westbury to serve 78 months in prison to be followed by 10 years of supervised release.
Christopher Wehr, 45, a resident of Duluth, Georgia, pleaded guilty on Jan. 23, 2017, to conspiracy to advertise child pornography. Wehr died prior to sentencing.
The remaining defendant, Bruce Edgecombe, 69, of Harvard, Illinois died before his case went to trial.
HSI, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case with assistance from CEOS’s High Technology Investigative Unit. Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Meredith Taylor of the Middle District of Pennsylvania are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
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Two Men Convicted of Engaging in Child Exploitation ConspiracyRead the Press Release
A Lemon Grove, California resident, and a Harrodsburg, Kentucky resident were convicted today of multiple child exploitation crimes, including conspiracy offenses, in Harrisburg, Pennsylvania after a seven-day jury trial, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney David J. Freed of the Middle District of Pennsylvania and Deputy Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
William Staples, 57, a resident of Harrodsburg, Kentucky, was found guilty of conspiracy to advertise child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
Dylan Heatherly, 34, a student in Lemon Grove, California, was found guilty of conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.
A sentencing date has not yet been scheduled.
“Today’s verdicts mark the latest chapter in the Department’s unwavering commitment to targeting dangerous child sex offenders,” said Acting Assistant Attorney General Cronan. “The prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a six-year-old child on a live-streaming, video-conferencing platform, resulted in 15 fewer child predators on our streets. We will continue to work closely with our domestic and foreign law enforcement partners to identify and punish child sex offenders who seek to use technological means to commit their heinous crimes.”
“The production and distribution of child sexual abuse material is a horrific crime that can negatively affect victims for their entire lives,” said HSI Deputy Executive Associate Director Benner. “ICE agents are committed to aggressively investigating these crimes to ensure that child predators can’t maintain anonymity behind emerging online platforms and complicated criminal schemes.”
According to trial evidence, between April 11, 2014 and May 11, 2016, Staples, Heatherly, and 12 co-conspirators located in different states worked together and with others to create a secure space on a video conferencing website where like-minded individuals could regularly live-stream videos of child pornography of prepubescent children, some as young as infants, to each other in an effort to minimize any evidence of such child pornography being located on their individual devices. In addition to streaming pre-recorded videos of child pornography, on July 22, 2015, an undercover Toronto Police Detective Constable observed a six-year-old child being sexually abused live via video conference for everyone in the secure space to see. Many individuals commented on and encouraged the sexual abuse of the child in real time. The following day, on July 23, 2015, law enforcement rescued the child and arrested co-conspirator William Augusta who had been sexually abusing the child.
In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial:
- William Augusta, 21, a resident of Carlisle, Pennsylvania, pleaded guilty on Oct. 28, 2016, to each of the 13 counts with which he was charged, including multiple counts of production of child pornography involving two different children. On Oct. 31, 2017, Judge Kane sentenced Augusta to serve 60 years in prison to be followed by a lifetime of supervised release.
- Scott Lane, 34, former Executive Director of Donor Relations and Fundraising Programs for Pace University, of Manhattan, pleaded guilty on Jan. 11, five days before trial was set to begin, to each of the six counts with which he was charged, including conspiracy to produce child pornography; aiding and abetting the production of child pornography; conspiracy to advertise child pornography; advertising child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography. A sentencing date has not yet been scheduled.
- Matthew Fensler, 25, a resident of Phoenix, Arizona, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Fensler to serve 35 years in prison to be followed by 15 years of supervised release.
- David Sewell, 31, a resident of Ft. Lauderdale, Florida, pleaded guilty on Dec. 12, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On July 27, 2017, Judge Kane sentenced Sewell to serve 35 years in prison to be followed by 15 years of supervised release.
- Moises Marquez, 30, a resident of San Diego, California, pleaded guilty on Sept. 28, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On June 28, 2017, Judge Kane sentenced Marquez to serve 30 years in prison to be followed by 15 years of supervised release.
- Jason Bolden, 47, a resident of Duluth, Georgia, pleaded guilty on Dec. 14, 2016, to conspiracy to advertise child pornography. On July 26, 2017, Judge Kane sentenced Bolden to serve 30 years in prison to be followed by 10 years of supervised release.
- Franklyn Molina, 35, a resident of Shippensburg, Pennsylvania, pleaded guilty on March 24, 2017, to conspiracy to advertise child pornography and to an Information separately charging receipt of child pornography. On Sept. 20, 2017, Judge Kane sentenced Molina to serve 195 months in prison to be followed by 15 years of supervised release.
- Casey O’Dell, 34, a resident of Albuquerque, New Mexico, pleaded guilty on Dec. 14, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography. On Oct. 24, 2017, Judge Kane sentenced O’Dell to serve 40 years in prison to be followed by 15 years of supervised release.
- James Reese, 59, a resident of Des Moines, Iowa, pleaded guilty on Oct. 28, 2016, to conspiracy to advertise child pornography. On Nov. 7, 2017, Judge Kane sentenced Reese to serve 20 years in prison to be followed by 10 years of supervised release.
- Paul Stamm, 56, a resident of Cincinnati, Ohio, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography, a charge unrelated to the video conferencing website. On Sept. 28, 2017, Judge Kane sentenced Stamm to serve 30 years in prison to be followed by 15 years of supervised release.
- Ed Westbury, 64, a resident of Lufkin, Texas, pleaded guilty on Dec. 8, 2016, to conspiracy to receive/distribute child pornography. On June 14, 2017, Judge Kane sentenced Westbury to serve 78 months in prison to be followed by 10 years of supervised release.
- Christopher Wehr, 45, a resident of Duluth, Georgia, pleaded guilty on Jan. 23, 2017, to conspiracy to advertise child pornography. Wehr died prior to sentencing.
- The remaining defendant, Bruce Edgecombe, 69, of Harvard, Illinois died before his case went to trial.
HSI, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case with assistance from CEOS’s High Technology Investigative Unit. Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Meredith Taylor of the Middle District of Pennsylvania are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Pennsylvania Biofuel Company Owners Indicted for Seeking Tax Refunds Based on Fraudulently Claimed Fuel Tax CreditsRead the Press Release
HARRISBURG – United States Attorney David J. Freed for the Middle District of Pennsylvania, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division announce that two owners of a Pennsylvania biofuel company were charged in a superseding indictment today with conspiring to defraud the Internal Revenue Service (IRS) and aiding and assisting in the preparation of a fraudulent fuel tax credit refund claim.
According to the superseding indictment, Ben Wootton, age 52, of Pennsylvania, and Race Miner, age 48, of Colorado owned and operated Keystone Biofuels Inc., located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Wootton, serving as President, and Miner, serving as Chief Executive Officer, are alleged to have participated in a conspiracy to defraud the IRS by, among other things, fraudulently claiming tax refunds based on the Biodiesel Mixture Credit – a federal excise tax credit for persons or businesses who mix biodiesel with diesel fuel and use or sell the mixture as a fuel. Biodiesel is a type of renewable fuel that meets a set of specific requirements.
According to the superseding indictment, the Biodiesel Mixture Credit was available only on fuel meeting those requirements that the claimant had mixed with diesel fuel. Wootton and Miner allegedly caused Keystone to fraudulently seek tax refunds from the IRS by claiming the credit based on non-qualifying and, in at least some instances, non-existent or non-mixed fuel. The indictment further alleges that Wootton and Miner created false books and records and supporting documents to account for the nonexistent fuel; engaged in a series of sham financial transactions to give the false books and records the appearance of legitimacy; and sought to obstruct an ongoing IRS investigation by providing false documentation to an IRS Special Agent.
These charges are in addition to those previously lodged against Wootton and Miner. In a May 2017 indictment, both men, along with Keystone Biofuels Inc., were charged with conspiring to make false statements to the Environmental Protection Agency (EPA) and making false statements to the EPA.
If convicted, Wootton and Miner face a statutory maximum sentence of five years in prison for conspiracy and three years in prison for aiding and assisting in the filing a false refund claim. They also face a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
U.S. Attorney Freed, Principal Deputy Assistant Attorney General Zuckerman, and Acting Assistant Attorney General Wood, praised special agents of IRS Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division, who conducted the investigation, and Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard Stewart of the Justice Department’s Environmental and Natural Resources Division, Environmental Crimes Section, who are prosecuting the case.
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Pennsylvania Biofuel Company Owners Charged with Fraudulently Claiming Fuel Tax CreditsRead the Press Release
Two owners of a Pennsylvania biofuel company were charged in a superseding indictment today with conspiring to defraud the Internal Revenue Service (IRS) and aiding and assisting in the preparation of a fraudulent fuel tax credit refund claim, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney David J. Freed for the Middle District of Pennsylvania.
According to the superseding indictment, Ben Wootton, of Pennsylvania, and Race Miner, of Colorado owned and operated Keystone Biofuels Inc., located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Wootton, serving as President, and Miner, serving as Chief Executive Officer, are alleged to have participated in a conspiracy to defraud the IRS by, among other things, fraudulently claiming tax refunds based on the Biodiesel Mixture Credit – a federal excise tax credit for persons or businesses who mix biodiesel with diesel fuel and use or sell the mixture as a fuel. Biodiesel is a type of renewable fuel that meets a set of specific requirements.
According to the superseding indictment, the Biodiesel Mixture Credit was available only on fuel meeting those requirements that the claimant had mixed with diesel fuel. Wootton and Miner allegedly caused Keystone to fraudulently seek tax refunds from the IRS by claiming the credit based on non-qualifying and, in at least some instances, non-existent or non-mixed fuel. The indictment further alleges that Wootton and Miner created false books and records and supporting documents to account for the nonexistent fuel; engaged in a series of sham financial transactions to give the false books and records the appearance of legitimacy; and sought to obstruct an ongoing IRS investigation by providing false documentation to an IRS Special Agent.
These charges are in addition to those previously lodged against Wootton and Miner. In a May 2017 indictment, both men, along with Keystone Biofuels Inc., were charged with conspiring to make false statements to the Environmental Protection Agency (EPA) and making false statements to the EPA.
If convicted, Wootton and Miner face a statutory maximum sentence of five years in prison for conspiracy and three years in prison for aiding and assisting in the filing of a false refund claim. They also face a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman, Acting Assistant Attorney General Wood, and U.S. Attorney Freed praised special agents of IRS Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division, who conducted the investigation, and Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental and Natural Resources Division, Environmental Crimes Section, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Additional Charges Filed Against Hazleton Man for Trafficking CocaineRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Rafael Lora, age 42, of Hazleton, Pennsylvania, was charged in a superseding indictment on January 23, 2018, with additional cocaine trafficking offenses.
According to United States Attorney David J. Freed, Lora and a co-defendant, Luis Santos, were charged on April 14, 2016, with conspiring to distribute cocaine, and with possessing with the intent to distribute cocaine. The conspiracy allegedly lasted throughout the month of March 2015.
The superseding indictment alleges that Lora possessed with the intent to distribute in excess of 500 grams of cocaine, and conspired to do the same. Lora also was charged with the unlawful use of a cellular telephone to facilitate the cocaine trafficking offenses, and with maintaining a drug premises.
Santos, who is scheduled to plead guilty on February 27, 2018, was not included in the superseding indictment.
The investigation was conducted by Homeland Security Investigations, with assistance from the U.S. Postal Inspection Service, Customs and Border Patrol, Pennsylvania State Police and the Hazleton Police Department. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The penalty for the most serious superseding offense is a minimum of five years and maximum of 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the judge also is 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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Painting Contractor Pleads Guilty in Connection with George Wade Bridge ProjectRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the painting contractor on the George Wade Bridge Project, Andrew Manganas, age 60, of Canonsburg, Pennsylvania and Panthera Painting, Inc., headquartered in Canonsburg, pled guilty on January 22, 2018, to theft from union plans, wire fraud, and discharge of pollutants into the Susquehanna River.
According to United States Attorney David J. Freed, Manganas and his company, Panthera Painting, Inc. were charged in a 46-count indictment for crimes related to Panthera’s role as a subcontractor on the multi-year George Wade Bridge restoration project. In September 2009, PennDOT awarded a contract for rehabilitation work on the George Wade Bridge to J.D. Eckman as the prime contractor. The George Wade Bridge spans the Susquehanna River on Interstate 81 in Cumberland and Dauphin Counties, Pennsylvania. The Wade Bridge Project was a federal oversight project, meaning that the Federal Highway Administration of the U.S. Department of Transportation conducted reviews and approvals during the project’s design and construction phases. The contract amount was $42,480,434.05 with the FHWA’s federal-aid programs reimbursing 90 percent of that cost. The Wade Bridge Project was scheduled to be completed on May 25, 2012, but was extended to September 27, 2013. In October 2009, Panthera was awarded a $9,875,000 subcontract by Eckman; that contract amount was increased to more than $10 million. The subcontract awarded to Panthera covered the blasting, resurfacing, and painting of the structural steel on the George Wade Bridge.
The federal oversight and funding of the contract required each contractor and subcontractor to submit Certified Payroll Reports for every worker and every pay period to certify that the appropriate prevailing wage was being paid to each worker. Manganas and Panthera pleaded guilty to submitting false payroll reports that did not accurately reflect the amount workers were being paid. Manganas paid only partial wages in a wage check that did not include overtime pay. He then paid overtime in a separate “per diem” check that did not properly deduct taxes and remittances, some of which were owed to the unions of which the workers were members. By under-reporting wages paid, Manganas defrauded the federal agencies paying for the bridge work. By failing to properly remit wages to the unions, Manganas effectively stole money from the workers and the union. Moreover, Manganas and Panthera pled guilty to knowingly discharging pollutants into the Susquehanna River over the course of three painting seasons of the Project. The contract and environmental laws prohibit the discharge of pollutants without a permit. Panthera and Manganas were supposed to utilize various methods to ensure that pollutants did not enter the Susquehanna River, including construction of “containment” to cover bridge areas being blasted clean and repainted. Containment involved using ropes, cables, fabric, metal pans and waste collection and recycling systems on segments of the bridge being blasted and repainted to prevent pollutants from being discharged into the River. Manganas knew he did not have a permit to discharge pollutants into the River, but Panthera workers, at Manganas’ direction and with his knowledge, utilized a variety of methods and equipment to discharge pollutants, including abrasive paint blasting materials, waste paint, and metal, into the Susquehanna River rather than collect them for recycling or disposal as hazardous waste.
The case was investigated by the U.S. Department of Labor, Office of Inspector General, the U.S. Department of Transportation, Office of Inspector General, the U.S. Environmental Protection Agency, Criminal Investigation Division, and the Federal Bureau of Investigation. Assistant U.S. Attorney James T. Clancy and Special Assistant U.S. Attorney Martin Harrell of EPA are prosecuting the case.
The embezzlement offense carries a maximum penalty of up to five years in prison and a $250,000 fine for an individual and a fine of $500,000 for a company; the wire fraud charge carries a maximum penalty of up to 20 years in prison and a $250,000 fine for an individual and a $500,000 fine for a company; and each of the Clean Water Act charges carries a maximum penalty of up to 3 years in prison, and a fine of up to the greater of $250,000 or $50,000 per day of violation, a term of supervised release following imprisonment, and a fine for an individual and a fine of up to the greater of $500,000 or $50,000 per day of violation for a company. 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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Update on Harrisburg ShootingRead the Press Release
HARRISBURG – United States Attorney David J. Freed and Dauphin County District Attorney Francis T. Chardo provide the following update after this afternoon’s press conference on the Harrisburg shooting.
Investigators have determined the identity of the subject who shot multiple members of the United States Marshal’s Fugitive Task Force this morning in Harrisburg City as Kevin Sturgis, 31, of Philadelphia, who was killed by law enforcement officers at the scene. At the time of the incident, Sturgis had two active warrants from the city of Philadelphia – one for failure to appear for sentencing on a charge of Persons Not to Possess Firearms under the Uniform Firearms Act – a felony of the second degree; and one for failure to appear for a violation of probation hearing on original charges of Receiving Stolen Property, Unlawful Possession of a Controlled Substance and Unauthorized Use of an Automobile. Sturgis also had a juvenile adjudication (analogous to a criminal conviction in adult court) on a charge of Rape.
The subject of warrant for arrest was Shayla Lynette Towles Pierce, age 30, of Harrisburg, who was wanted by the Harrisburg Bureau of Police on charges of Illegal Possession of a Firearm under the Uniform Firearms Act, a felony of the third degree, Simple Assault and Terroristic Threats. Towles was committed to Dauphin County Prison in lieu of $200,000 bail.
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Hazleton Man Guilty of Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Antonio Perez, age 45, of Hazleton, Pennsylvania, pleaded guilty on January 16, 2018, before U.S. Magistrate Judge Karoline Mehalchick, to distribution of heroin.
According to United States Attorney David J. Freed, Perez admitted to selling heroin to another person on July 2, 2014, in Hazleton. Perez sold slightly less than 100 grams of heroin, which is equivalent to just under 4,000 retail bags of heroin.
Judge Mehalchick ordered a pre-sentence investigation, and noted that Senior U.S. District Court Judge Richard P. Conaboy will schedule a date for sentencing.
Perez was indicted by a grand jury in October 2014, following an investigation by special agents of the Federal Bureau of Investigation and Scranton Police. 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.
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 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Delaware Man Sentenced to over 12 Years’ Imprisonment for Distributing Heroin in Dauphin and Lycoming CountiesRead the Press Release
HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony Rowe, age 55, of Wilmington, Delaware, was sentenced on January 16, 2018, to 151 months’ imprisonment by United States District Court Judge Sylvia H. Rambo for distributing heroin in Dauphin and Lycoming counties.
According to United States Attorney David J. Freed, Rowe was found guilty by a jury on March 16, 2017. The evidence showed that Rowe travelled from Philadelphia to Dauphin and Lycoming Counties between February and June 2016, and distributed over 10 kilograms of heroin. Ten kilograms of heroin is approximately equal to 400,000 retail bags of heroin.
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 was investigated by the Drug Enforcement Administration, the Pennsylvania State Police and the Dauphin County Drug Task Force. Assistant United States Attorneys Daryl F. Bloom and Chelsea Schinnour prosecuted the case.
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Four 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 four previously deported aliens were indicted separately on January 10, 2018, by a federal grand jury for illegal re-entry into the United States by a previously deported alien.
According to United States Attorney David J. Freed, Brayan Rebolorio-Paredes, age 29, of Guatemala, was previously deported from the United States to Guatemala 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 Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Josue Sica-Pu, age 27, of Guatemala, was previously deported from the United States to Guatemala in October 2009. He is alleged to have illegally re-entered the United States sometime after October 2009, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Oscar Madrigal-Lupian, age 29, of Mexico, was previously deported from the United States to Mexico in June 2007. He is alleged to have illegally re-entered the United States sometime after June 2007 and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Nelson Escobar-Escobar, age 36, of El Salvador, was previously deported from the United States to El Salvador in December 2010. He is alleged to have illegally re-entered the United States sometime after December 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Rebolorio-Paredes, Sica-Pu, Madrigal-Lupian and Escobar-Escobar 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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Harrisburg Man Indicted for Possession of Firearms and Distribution of Crack CocaineRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Emerson Miller, age 31, of Harrisburg, Pennsylvania, was indicted on January 10, 2018, with four counts of distribution of crack cocaine, two counts of possession of a firearm by a felon, and one count of possessing a firearm with an obliterated serial number.
According to United States Attorney David J. Freed, the indictment alleges that Miller possessed a firearm on September 29, 2016 and a second firearm, this one with an obliterated serial number, on July 30, 2017. The indictment also alleges that Miller distributed and possessed with the intent to distribute, crack cocaine on April 10, 2017, April 20, 2017, May 4, 2017 and May 18, 2017.
The case was investigated by the Harrisburg Police Department, the Pennsylvania Attorney Generals Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting the case
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life 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 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 Alexander Larriuz-Otero, age 20, of York, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Larriuz-Otero distributed crack cocaine in York on February 8, 2017, and possessed with the intent to distribute crack cocaine in York on June 1, 2017. The indictment also alleges that Larriuz-Otero unlawfully possessed a firearm as a previously convicted felon and possessed the firearm in furtherance of drug trafficking.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department and is being prosecuted by Assistant U.S. Attorney Carlo D. Marchioli.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
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 a lifetime term 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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