Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Centre Hall Man Sentenced to 33 Months’ Imprisonment for Explosives and Firearms OffensesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Judge Malachy Mannion sentenced James Woodring, age 51, Centre Hall, Pennsylvania, to 33 months’ imprisonment and three years of supervised release, for manufacturing explosives and for being a felon in possession of firearms.
According to United States Attorney David J. Freed, James Woodring pleaded guilty to manufacturing explosives after he purchased and transported commercial grade fireworks to his residence, modified them to increase their power and volatility, and sold them, all without a license to do so. The activities ended on May 18, 2016, when an explosion occurred at Woodring’s Centre Hall residence after Woodring and his wife, Christina Woodring, accidentally ignited one of the devices.
James Woodring also pleaded guilty to possessing firearms, despite a prohibition triggered by his prior 2011 felony conviction for distributing explosive. The firearms, which were seized and forfeited by the government, along with several hundred rounds of ammunition and $3,000, were:
- .380 caliber Smith and Wesson semi-automatic pistol, which was reported stolen;
- 12-gauge Mossberg Maverick shotgun;
- 30x.06 Remington Sportsman 76 pump rifle; and a
- .223 caliber New Frontier LW-15 rifle, which is a semiautomatic firearm that is capable of accepting a large capacity magazine.
In pronouncing the sentence, Judge Mannion highlighted James Woodring’s prior federal conviction for dealing in explosives without a license, and the danger he created for himself, for his family, and for emergency personnel by manufacturing homemade explosives. Judge Mannion also focused on James Woodring’s statements to an undercover law enforcement official in which Woodring explained how to place effectively the explosives to damage an automobile.
Christina Woodring previously pleaded guilty to conspiring to manufacture and sell explosives, and was sentenced in April 2017 to home confinement and probation.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, the Centre Hall Police Department, and the Springettsbury Township Police Department. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.
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Thirteen Individuals with Motorcycle Gang Connections Sentenced in Drug Trafficking ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that thirteen individuals were sentenced in connection with a cocaine and methamphetamine drug trafficking conspiracy in multiple counties within the Middle District of Pennsylvania.
According to United States Attorney David J. Freed, the individuals, some of whom were members of the Outlaw Motorcycle Gang the Pagan’s Motorcycle Club and affiliated gangs, sold methamphetamine and cocaine hydrochloride, Schedule II controlled substances, between December 2014 and April 2016 in Berks, Cumberland, Dauphin, York, Northumberland, Perry and Snyder Counties.
Name
Age
City
Sentence Date
Sentence
Arthur Houze
49
Harrisburg
September 27, 2017
151 months’ imprisonment
Michael Herman
49
Harrisburg
January 3, 2018
120 months’ imprisonment
Scott Ohler
50
Harrisburg
September 28, 2017
110 months’ imprisonment
Michael Finsterbush
50
Lemoyne
January 11, 2017
100 months’ imprisonment
Joseph Newton
47
Selinsgrove
January 30, 2017
96 months’ imprisonment
Phillip Bennett
43
Elizabethtown
May 11, 2017
70 months’ imprisonment
Timothy Watson
42
Lemoyne
August 17, 2017
70 months’ imprisonment
Eric West
29
Shermans Dale
August 3, 2017
70 months’ imprisonment
Justin Spiegle
41
Liverpool
May 11, 2017
60 months’ imprisonment
John Nace
41
York
December 7, 2016
48 months’ imprisonment
Douglas Lesniak
46
Steelton
May 19, 2017
30 months’ imprisonment
Michael Sanders
43
Selinsgrove
April 12, 2017
25 months’ imprisonment
Marcie Herman
47
Harrisburg
April 20, 2017
6 months’ imprisonment and 6 months in-home detention
This case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
This case was brought pursuant to the FBI’s Capital City Safe Streets Gang Task Force initiative. The initiative is designed to reduce gang-related violent crimes through a comprehensive, FBI led law enforcement approach utilizing state of the art investigative efforts to detect, exploit, disrupt, dismantle, and interdict domestic and international gangs.
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Franklin County Man Sentenced to 40 Years’ Imprisonment for Production of Child Pornography Involving an Infant and ToddlerRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Evan Matthew Lawbaugh, age 34, of Waynesboro, Pennsylvania, was sentenced today to 40 years’ imprisonment by United States District Judge Sylvia H. Rambo for two counts of production of images depicting the sexual exploitation of children.
According to United States Attorney David J. Freed, Lawbaugh sexually assaulted a toddler boy and a four-year-old girl and recorded the assaults. Lawbaugh distributed videos depicting the assault on the toddler boy on the internet. Lawbaugh also possessed thousands of images and hundreds of videos of child pornography, includes images depicting the sexual abuse of infants and toddlers. Lawbaugh was previously convicted of possession of child pornography on April 8, 2015, in Franklin County, Pennsylvania.
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.”
This case was investigated by the United States Postal Inspection Service, the Pennsylvania Office of the Attorney General and the Pennsylvania State Police. Assistant United States Attorney Daryl Bloom prosecuted the case.
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Two More “Southside” Gang Members Sentenced to PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that two more members of a gang that operated for a decade in the City of York were sentenced to federal prison for racketeering and drug distribution conspiracies.
According to United States Attorney David J. Freed, U.S. District Court Judge Yvette Kane sentenced Richard Nolden, age 27, who was identified as a member of the “Southside” street gang to 25 years’ imprisonment on December 19, 2017. Nolden was already serving a 15-40 year sentence for Murder in the 3rd Degree, and this sentence was concurrent with that sentence. Pursuant to an agreement with the government, Nolden entered a guilty plea to racketeering conspiracy and the parties agreed to the sentence. When imposing sentence, Judge Kane noted Nolden’s role in the January 23, 2012, murder of Sherrod Snellings, a crime that was a part of the “Southside” and “Parkway” gang violence.
Judge Kane also sentenced Angel Schueg, a/k/a “Pocco,” age 28, to 165 months’ imprisonment on December 21, 2017. The government highlighted Schueg’s involvement progressed from trafficking small amounts of marijuana to a substantial trafficker of crack and heroin for the Southside gang. Judge Kane agreed and imposed the guideline sentence.
In November 2015, a jury convicted Schueg of drug trafficking conspiracy 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 convicted the other 11 men who went to trial with Schueg.
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 previously sentenced in this matter are:
Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 3, 2017, to life in prison.
Marc Hernandez, a/k/a “Marky D,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 25, 2017, to life in prison.
Douglas Kelly, a/k/a “Killer,” age 39, racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 12, 2017, to life in prison.
Roscoe Villega, a/k/a “P Shawn,” age 44; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 25 years in prison.
Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced to 34 months in prison on November 10, 2016,
Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced to 60 months in prison on May 15, 2017.
Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 200 months in jail on December 7, 2017,
Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 165 months in jail on December 21, 2017,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced to 33 months in prison on June 5, 2017,
The individual defendants previously convicted and awaiting sentencing in this matter are:
Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Maurice Atkinson, a/k/a “Mo,” age 30; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
The following Southside gang members previously pleaded guilty and are awaiting sentencing:
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.
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 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.
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Former Lackawanna County Prison Employee Guilty of Providing Drugs and Other Contraband to InmatesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jerry Defazio, age 39, of Archbald, Pennsylvania, a former contract employee with the Lackawanna County Prison, pleaded guilty on December 21, 2017, before Senior U.S. District Court Judge A. Richard Caputo, to providing and attempting to provide prohibited objects, including illegal drugs, to inmates at the Lackawanna County Prison.
According to United States Attorney David J. Freed, Defazio admitted that between November 2015 and April 2016, while overseeing the food service at the prison, he provided and attempted to provide Oxycontin pills (oxycodone), suboxone, and tobacco to inmates on several occasions and received payments ranging from $50 to $600 for smuggling the drugs and tobacco into the prison.
Judge Caputo scheduled sentencing for April 23, 2018.
The investigation was conducted by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
The maximum penalty under federal law is 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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Former Hershey Medical Center Research Technologist Sentenced for Making False Statements About Cancer TestsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Floyd Benko, age 62, of Palmyra, Pennsylvania, was sentenced today to 15 months’ imprisonment by United States District Court Judge Yvette Kane on false statement charges in connection with his performance of flawed genetic diagnostic tests for 124 cancer patients.
According to United States Attorney David J. Freed, Benko, a former Research Technologist at the Hershey Medical Center in Hershey, Pennsylvania, was indicted in July 2015, and charged with one count of health care fraud and two counts of making false statements in health care matters. Benko performed DNA gene mutation tests (known as Epidermal Growth Factor Receptor (EGFR), KRAS gene mutation (KRAS), and BRAF gene mutation (BRAF) assays) for 124 advanced stage cancer patients at the Hershey Medical Center in 2013 and 2014. These genetic tests help physicians diagnose a patient’s particular type of cancer so specifically tailored treatments can be administered to the patient.
Benko failed to perform the assays in the manner called for by Hershey’s standard operating procedures. Subsequent retesting of the patients during summer 2014, revealed that 60 of the 124 patients had assay results discordant with results obtained by two outside laboratories.
Benko pleaded guilty in July 2017, to one count of making false statements in health care matters before Judge Kane. Benko admitted he lied to administrators at the Hershey Medical Center on April 11, 2014, about the manner by which he performed the genetic assays. Benko concealed the fact he did not follow Hershey’s standard operating procedures, procedures Benko co-authored, in performing the assays by failing to use a device known as a NanoDrop 2000 photo spectrometer to quantify the DNA and by failing to preserve the patients’ leftover tissue and DNA samples.
Judge Kane ordered Benko to serve three years of supervised release following his release from prison and to make restitution in the amount of $69,742 to the Hershey Medical Center for refunds Hershey paid for the flawed assays and for outside laboratory re-testing. Judge Kane also ordered Benko to surrender to the Bureau of Prisons for commencement of his sentence on January 22, 2018.
The case was investigated by the Harrisburg Office of the Federal Bureau of Investigation. Assistant U.S. Attorneys Kim Douglas Daniel and Joseph J. Terz prosecuted the case.
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East Stroudsburg Man Sentenced for Heroin Trafficking Near High SchoolRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on December 21, 2017, United States District Court Judge A. Richard Caputo sentenced Naajeh Torres, age 24, of East Stroudsburg, Pennsylvania, to 24 months’ imprisonment on drug trafficking charges.
According to United States Attorney David J. Freed, Torres pleaded guilty on October 25, 2017, to an indictment charging the distribution of heroin within 1,000 feet of Stroudsburg High School property in April 2016. Additionally, Torres admitted to distributing between 40 and 60 grams of heroin over a three-month period in 2016, which is the equivalent of between 1,600 and 2,400 individual doses.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Stroud Area Regional Police Department and was being prosecuted by Assistant U.S. 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.
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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 Timothy Ray Wright, age 30, of York, Pennsylvania, was indicted on December 20, 2017, by a federal grand jury with drug trafficking and firearms violations.
According to United States Attorney David J. Freed, the indictment alleges that on August 17, 2017, Wright possessed with intent to distribute cocaine, cocaine base and fentanyl. It is further alleged that Wright possessed a 9mm Walther Creed pistol as a previously convicted felon, and possessed the firearm in furtherance of drug trafficking.
The charges stem from an investigation conducted by the York County Drug Task Force, assisted by the Bureau of Alcohol, Tobacco, and Firearms. Assistant United States Attorney James T. Clancy 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 for the drug trafficking offenses is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine; the maximum penalty for possession of a firearm in furtherance of drug trafficking is life in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mt. Carmel Doctor Indicted for Operating A “Pill Mill” and Causing the Death of Five PatientsRead the Press Release
HARRISBURG – Attorney General Jeff Sessions and the United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dr. Raymond Kraynak, age 60, of Mt. Carmel, Pennsylvania, was indicted by a federal grand jury on December 20, 2017, in a 19-count indictment charging the unlawful distribution and dispensing of controlled substances, causing the death of five patients by the unlawful distribution and dispensing of controlled substances, and maintaining two drug-involved premises in Mt. Carmel and Shamokin, Pennsylvania. Dr. Kraynak was taken into custody today by agents of the Drug Enforcement Administration and appeared before United States Magistrate Judge Schwab for his initial appearance. He was temporarily detained until 10:00 a.m. tomorrow morning when he will appear for a bail hearing before Magistrate Judge Schwab. No date for trial was set.
According to United States Attorney David J. Freed, the indictment alleges that Kraynak, who operated two offices in Mt. Carmel and Shamokin, Pennsylvania, known as Keystone Family Medicine Associates, prescribed approximately 2.7 million units of oxycodone, hydrocodone, oxycontin and fentanyl to approximately 2,838 patients between January 2016 through July 31, 2017. During that time period, he was the top prescriber of those drugs in the Commonwealth of Pennsylvania.
The indictment further alleges that on multiple occasions between 2005 and 2016 that Dr. Kraynak prescribed these opioids to multiple patients outside of the usual course of professional practice and without a legitimate medical purpose, including prescribing the opioids without conducting a proper medical examination, inadequately verifying the patient’s medical complaint, and failing to assess the risk of abuse by individual patients.
The indictment further alleges that Dr. Kraynak caused the death of five of his patients between 2013 and 2015 by unlawfully distributing and dispensing controlled substances to them that ultimately led to their death. Dr. Kraynak is also charged in two additional counts with maintaining drug-involved premises at his offices located in Mt. Carmel and Shamokin, Pennsylvania, and the government is seeking the forfeiture of those two offices, his Pennsylvania medical license and $500,000.
"One American dies of a drug overdose every nine minutes, and millions of Americans are living with an addiction to opioids," Attorney General Sessions said. "This is the deadliest drug crisis in our history, and it's unconscionable that some doctors and medical professionals would violate their oaths to exploit it for cash. The Trump administration will not tolerate fraud of any kind. That's why earlier this year, this Department conducted the largest health care fraud takedown in American history, arresting more than 120 defendants on opioid-related charges. We will remain relentless and will take this fight to street dealers, corrupt doctors, and the companies that have helped fuel this devastating crisis. I believe we will ultimately turn the tide of this historically devastating epidemic."
“These serious charges are the culmination of a substantial commitment of Federal, State and Local law enforcement resources specifically directed at one of the root causes of our current epidemic of heroin and opioid abuse: unlawful over-prescription of highly addictive and dangerous drugs,” said United States Attorney Freed. “The sheer number of pills prescribed in this case is staggering. Death or serious injury was the inevitable result of this defendant’s conduct. I am particularly thankful to the Drug Enforcement Administration, Attorney General Josh Shapiro, the Pennsylvania State Police, the Mt. Carmel Borough Police and the Schuylkill County Drug Task Force for their hard work in this case.”
“The allegations against Dr. Kraynak in this indictment are deeply disturbing, especially given that he is accused of causing the death of five of his patients through the unlawful distribution of controlled substances such as oxycodone and hydrocodone,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “At the height of the most devastating drug epidemic in our nation’s history that has claimed tens of thousands of lives across the country, the DEA, working with our partners such as, the U.S. Attorney’s Office, Attorney General Josh Shapiro and the Pennsylvania State Police, will aggressively work to identify, investigate, and prosecute rogue doctors that are responsible for contributing to this epidemic through their alleged criminal activity.”
“My office will relentlessly pursue medical professionals who divert prescription drugs from their intended purpose, especially when that diversion results in death,” Attorney General Josh Shapiro said. “Thanks to law enforcement collaboration and the strong work of U.S. Attorney David J. Freed, this doctor, who prescribed 2.7 million opioids to fewer than 3,000 patients over 18 months, will be prosecuted. I’m proud that our office partnered with U.S. Attorney Freed and his office to pursue charges in this case and put an end to this doctor’s crimes.”
This case was investigated by the Drug Enforcement Administration, with assistance from the Pennsylvania State Police, the Pennsylvania Office of Attorney General, the Mt. Carmel Borough Police Department and the Schuylkill County Drug Task Force. Assistant United States Attorneys William Behe and Fran Sempa are prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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.
Kraynak faces a mandatory minimum term of 20 years’ imprisonment up to life on each of the five counts where patients are alleged to have died as a result of taking the controlled substances Kraynak prescribed them. Kraynak faces up to 20 years’ imprisonment on each of the 12 counts alleging that he prescribed controlled substances to specific patients outside of the usual course of professional practice and not for a legitimate medical purpose. Each of the two counts charging Kraynak with maintaining drug involved premises is punishable as well by up to 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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Monroe County Man Charged with Sex and Drug TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Fredrick Brown, age 35, of Monroe County, Pennsylvania, was indicted on December 19, 2017, by a federal grand jury on sex and drug trafficking charges.
According to United States Attorney David J. Freed, the indictment was unsealed on December 20, 2017, and alleges that between 2011 and 2014 Brown trafficked multiple women as prostitutes through force, threat, and coercion. One of the victims Brown is alleged to have forced to commit commercial sex acts was under the age of eighteen. The indictment further charges Brown with distribution and possession with intent to distribute over 280 grams of cocaine base, or “crack.”
The case was investigated by the U.S. Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is a life 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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Harrisburg Woman Charged with Distribution of HeroinRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Marjorie Maldonado, age 30, of Harrisburg, Pennsylvania, was indicted on December 20, 2017, by a federal grand jury with unlawful distribution of heroin.
According to United States Attorney David J. Freed, the indictment alleges that Maldonado distributed heroin on December 1, 2017, in Harrisburg.
The charge stems from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney James T. Clancy 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for this drug trafficking charge 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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Harrisburg Man Sentenced to Prison for Tax FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Felix Ramon Diaz, age 58, of Harrisburg, Pennsylvania, was sentenced on December 19, 2017, to one year and one day imprisonment by United States District Court Judge William W. Caldwell for aiding and assisting the preparation of false tax documents.
According to United States Attorney David J. Freed, Diaz was a tax preparer who owned Felix Tax Service. From 2010 through 2013, Diaz filed 45 tax returns with false and fraudulent income, deductions, and addresses in an effort to maximize income tax refunds. Diaz’s conduct resulted in approximately $100,000 in losses taxes to the government.
Judge Caldwell noted the health issues facing Diaz and his lack of prior criminal history as mitigating factors. However, when imposing sentence, the judge noted the crimes were serious and Diaz committed the offense for years.
In March 2016, a grand jury indicted Diaz for the tax fraud scheme. On January 25, 2017, Diaz entered a guilty plea to the offense before Judge Caldwell.
The case was investigated by the Internal Revenue Service Criminal Investigation Division and Assistant United States Attorney Michael A. Consiglio prosecuted the case.
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Harrisburg Man Charged with Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Eddie Junior Pena, age 23, of Harrisburg, Pennsylvania, was indicted on December 20, 2017, by a federal grand jury for unlawful possession of a firearm.
According to United States Attorney David J. Freed, the indictment alleges that between March 2017 and December 2017, Pena possessed a 9mm Glock firearm as a convicted felon in furtherance of drug trafficking.
The charges stem from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney James T. Clancy 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 for possession of a firearm in furtherance of drug trafficking is life in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for possessing a firearm after being convicted of a felony offense is 10 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lancaster Man Sentenced to 10 Years’ Imprisonment for Trafficking Crack CocaineRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on December 19, 2017, Senior U.S. District Court Judge William W. Caldwell sentenced Jameil O. Jackson, age 38, of Lancaster, Pennsylvania, to 120 months’ imprisonment for conspiracy to distribute and possess with the intent to distribute cocaine base.
According to United States Attorney David J. Freed, Jackson engaged in a conspiracy to sell between 196 and 280 grams of cocaine base, also known as “crack cocaine,” in the Middle District of Pennsylvania between June 2014 and October 2014. Co-defendants Randy Smith, Marc Singleton, Carlos Burgos-Melendez, Benny Jackson, Darnell Jackson and Eric Tittel have pleaded guilty and were sentenced for their roles in this drug trafficking organization.
Jackson has been in the custody of the U.S. Marshals since his bond was revoked on October 28, 2015, at the U.S. Attorney’s Office request.
This case was investigated by the Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorney Meredith A. Taylor.
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Jalil Ibn Ameer Aziz Sentenced for Conspiracy to Provide Material Support and Resources to A Designated Foreign Terrorist Organization and Transmitting A Communication Containing A Threat to InjureRead the Press Release
HARRISBURG – Acting Assistant Attorney General for National Security Dana J. Boente, United States Attorney David J. Freed for the Middle District of Pennsylvania and Special Agent in Charge Michael Harpster of the FBI’s Philadelphia Division announced today that Jalil Ibn Ameer Aziz, age 21, a U.S. citizen and resident of Harrisburg, Pennsylvania, was sentenced to 160 months of imprisonment and 12 of years of supervised release by Chief United States District Court Judge Christopher C. Conner for conspiracy to provide material support and resources to a designated foreign terrorist organization and transmitting a communication containing a threat to injure. Chief Judge Conner also ordered Aziz to pay $6,635.79 in restitution to the service members he threatened.
According to U.S. Attorney David J. Freed, from July 2014 to December 2015, Aziz engaged in a concerted and prolonged effort to support the Islamic State of Iraq and al-Sham (“ISIL” or “ISIS”), by knowingly conspiring to provide material support, including personnel and services, to ISIS. Aziz was steadfast and outspoken in his support for ISIS. Aziz pledged his allegiance to the leader of ISIS and used at least 72 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIS propaganda, and to espouse pro-ISIS views.
On at least three occasions, Aziz used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL. In one instance, Aziz acted as an intermediary between a person in Turkey and several well-known members of ISIS. Aziz passed location information, including maps and a telephone number, between the person in Turkey and the ISIS member.
Aziz also used one of his Twitter accounts to threaten approximately 100 U.S. service members. He disseminated a “kill list” that contained the names, addresses, photographs and military branches of the service members. A well-known ISIS member compiled the list, which commanded ISIS supporters to “kill the [service members] in their own lands, behead them in their own homes, stab them to death as they walk their street thinking that they are safe.”
A court-authorized search of a tactical/military style backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified straight edge knife, a thumb drive, medication, flashlights, a toothbrush, sunflower seeds, a lighter, nail clippers, fingerless gloves, a pocket watch and a black balaclava, which is a type of mask frequently worn by ISIS fighters and supporters.
On December 22, 2015, Aziz was charged in an indictment with conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization. A superseding indictment was returned on May 18, 2016, which added solicitation to commit a crime of violence and transmitting a communication containing a threat to injure. On January 30, 2017, Aziz pled guilty to conspiracy to provide material support and resources to a designated foreign terrorist organization and transmitting a communication containing a threat to injure.
“Jalil Ibn Ameer Aziz conspired to provide material support to ISIS by aiding individuals in their pursuit of traveling overseas to join the designated foreign terrorist organization and by using social media to propagate ISIS’s threats to injure U.S. service members,” said Acting Assistant Attorney General Boente. “The National Security Division’s highest priority is counterterrorism, and we will remain vigilant in our efforts to hold accountable those who seek to provide material support to foreign terrorist organizations and threaten members of our military.”
United States Attorney David J. Freed said, “We in law enforcement know that the fight against terrorism is not limited to far-away battlefields. This sentence should serves as ample notice that we will cede the security of our community to no one. The outstanding work of the investigators and attorneys in this case has brought to justice an individual who provided real, material support to terrorist groups and who attempted to spread hate and destruction in our community and abroad. We will remain ever vigilant to protect the security of our citizens.”
"Mr. Aziz shared ISIL propaganda via social media, helping the terrorists' twisted worldview spread further, faster," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "Spewing violent jihadist beliefs, this young man – an American citizen – called for the murder of U.S. service members, and aided other radicalized individuals seeking to travel and take up arms alongside ISIL fighters. The dangers he posed are clear, and chilling. FBI Philadelphia's Joint Terrorism Task Force will never stop working to detect and disrupt the activities of terrorists and those who assist them."
The case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force (JTTF), which includes the Pentagon Force Protection Agency and the Pennsylvania State Police, with assistance from the Harrisburg Bureau of Police. Assistant United States Attorney Daryl F. Bloom and Trial Attorneys Robert Sander and Adam L. Small of the National Security Division’s Counterterrorism Section prosecuted the case.
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Hazelton Man Indicted for Heroin TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Felix Silva, age 49, of Hazelton, Pennsylvania, was indicted on December 19, 2017, by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that Silva, also known as “Carlos Santana” and “Hector Borero,” possessed with the intent to distribute over 100 grams of heroin on December 9, 2017, in Sugarloaf Township, Pennsylvania. One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of heroin.
The case was investigated by the U.S. Drug Enforcement Administration (DEA) and the Pennsylvania State Police and is being prosecuted by Assistant U.S. 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 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Dauphin County Man Sentenced to 10 Years’ Imprisonment for Conspiracy to Distribute Large Amounts of CocaineRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Efrain Troche-Rivera, age 35, of Harrisburg, Pennsylvania, was sentenced on December 19, 2017, to 10 years’ imprisonment by United States District Court Judge Sylvia H. Rambo for conspiracy to distribute over five kilograms of cocaine hydrochloride.
According to United States Attorney David J. Freed, Troche-Rivera possessed with the intent to distribute over five kilograms of cocaine hydrochloride in Harrisburg, beginning in September 2015, and continuing through August 2016. Investigators determined that the cocaine was shipped through the mail in child booster seats from Puerto Rico into the Harrisburg area.
Co-defendant Geraldo Rodriguez-Diaz, age 23, of Harrisburg, pled guilty on December 18, 2017, before Judge Rambo to conspiracy to possess with intent to distribute more than five kilograms of cocaine and is awaiting sentencing. Rodriguez-Diaz possessed a Smith & Wesson semi-automatic handgun in connection to the offense.
This matter was investigated by the Pennsylvania Office of Attorney General and the U.S. Drug Enforcement Administration (DEA) and is being prosecuted by Assistant U.S. Attorney Chelsea Schinnour and Special Assistant U.S. Attorney Robert Smulktis.
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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Schuylkill County Man Sentenced to 13 Years’ Imprisonment for Attempted Enticement of A Minor for SexRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian Tate, age 35, of Gordon, Pennsylvania, was sentenced on December 18, 2017, by Senior U.S. District Court Judge A. Richard Caputo to 156 months’ imprisonment for attempting to entice a minor to engage in illegal sexual activity.
According to United States Attorney David J. Freed, Tate previously pleaded guilty to traveling to a hotel to engage in sex with a six-year-old female. Between October 17, 2016 and November 9, 2016, Tate used the internet to arrange for the minor to be brought to the hotel to meet him for sex. Tate was arrested after he arrived at the hotel on November 9.
Judge Caputo also ordered that Tate serve 10 years on supervised release following his prison sentence. Tate must also comply with the Sex Offender Registration and Notification Act.
Tate was indicted by a grand jury in November 2016, following an investigation by agents of Homeland Security Investigations and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Jury Returns A Guilty Verdict Against Remaining Members of Chambersburg Sex Trafficking Ring Dismantled by Federal AuthoritiesRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony “Tony” D’Ambrosio, age 35, of Chambersburg, Pennsylvania, and Armando Delgado, age 21, of Chambersburg, Pennsylvania were convicted on December 18, 2017, after a two-week jury trial in Harrisburg before Chief U.S. District Court Judge Christopher C. Conner on all charges. Both D’Ambrosio and Delgado were convicted of sex trafficking of children, conspiracy to transport any individual to engage in prostitution, transportation of any individual to engage in prostitution, conspiracy to transport a minor to engage in prostitution, conspiracy to distribute and possess with the intent to distribute oxycodone, cocaine and marijuana, and distribution and possession with the intent to distribute oxycodone.
According to United States Attorney David J. Freed, the jury returned with a verdict of guilty after approximately three hours of deliberation. D’Ambrosio, Delgado and their co-conspirators recruited and transported girls and young women between the ages of 13 and 21 years old to engage in commercial sex acts in Pennsylvania, Maryland, Virginia, West Virginia, Florida, Rhode Island and the District of Columbia and frequently paid them in drugs.
Following the entry of the verdict, Chief Judge Conner remanded D’Ambrosio to the custody of the U.S. Marshals, at the request of the U.S. Attorney’s Office. Delgado has been incarcerated on the superseding indictment since March 12, 2015.
D’Ambrosio, Delgado and their co-defendants, who previously pleaded guilty, participated in a conspiracy that began in approximately July 2012, and continued to January 2015. D’Ambrosio, Delgado and the others rented motel rooms and posted “escort” advertisements and photographs on backpage.com from July 2012 through January 2015. D’Ambrosio and the others would take the majority of the money made during the course of the prostitution business, and distributed various drugs to the women, including oxycodone, cocaine and marijuana.
Albert E. “Pipo” Martinez, age 35, of Chambersburg, Pennsylvania, pleaded guilty to all charges on March 31, 2016. On Tuesday, December 5, 2017, Keanu Martinez, age 21, of Chambersburg, Pennsylvania, son of Albert Martinez, pleaded guilty to one count of transporting minors to engage in prostitution. A sentencing date has not been set for either Martinez yet. Brandon Hill, age 30, of Harrisburg, Pennsylvania, previously pleaded guilty to drug trafficking counts and received a 37-month sentence.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Meredith A. Taylor and Scott Ford prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc for more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the sex trafficking offenses is life imprisonment and includes a mandatory minimum sentence of ten years imprisonment. The maximum penalty for the drug trafficking offenses is a term of imprisonment of 20 years. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicate of the potential sentence for a specific defendant.
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Williamsport Man Charged with Drug Distribution Resulting in Serious Bodily InjuryRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wayne Davidson, age 24, of Williamsport, Pennsylvania, was indicted on December 14, 2017, by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that Davidson engaged in the distribution of heroin and carfentanil on June 29, 2017, in Lycoming County, and as a result of those deliveries, two persons suffered serious bodily injury.
According to the United States Drug Enforcement Administration, carfentanil is used as a tranquilizing agent for elephants and large animals. It is estimated to be 10,000 times stronger than morphine.
The charges stem from an investigation by the Williamsport Police Department, 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 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 defendant is facing a mandatory sentence of twenty years in prison and maximum term of life imprisonment. He also faces a $2,000,000 maximum fine, and maximum lifetime term of supervised release. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Williamsport Man Charged with Drug Deliveries Resulting in Serious Bodily InjuryRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Nathan Crowder, age 29, of Williamsport, Pennsylvania, was charged on November 14, 2017, in a superseding indictment with four additional counts of drug trafficking.
According to United States Attorney David J. Freed, the superseding indictment alleges that Crowder engaged in a conspiracy to distribute controlled substances, including heroin and carfentanil, from January to July of 2017. As part of that ongoing conspiracy, it is alleged that Crowder distributed a substance containing heroin and carfentanil on four separate occasions in June and July 2017. As a result, three people suffered serious bodily injury.
According to the United States Drug Enforcement Administration, carfentanil is used as a tranquilizing agent for elephants and large animals. It is estimated to be 10,000 times stronger than morphine.
The superseding indictment also contains the original charges of conspiracy to distribute controlled substances and possession with intent to deliver heroin.
The charges stem from an investigation by the South Williamsport Police Department, the Williamsport Police Department, 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 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 defendant is facing a mandatory sentence of twenty years in prison and maximum term of life imprisonment. He also faces a $2,000,000 maximum fine, and maximum lifetime term of supervised release. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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McConnellsburg Man Charged with Distribution of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Clay Aaron Rasp, age 32, of McConnellsburg, Pennsylvania, was indicted on December 6, 2017, by a federal grand jury on charges relating to child pornography. The case was unsealed and Rasp is scheduled to appear before United States Magistrate Judge Susan E. Schwab on December 21, 2017, for his initial appearance and arraignment.
According to United States Attorney David J. Freed, the indictment alleges that Rasp possessed and distributed child pornography between and including January 2017 and July 2017. The indictment also alleges that Rasp produced a morphed image of child pornography.
The Lower Heidelberg Police Department, the Pennsylvania State Police and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law 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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Stowe Man Charged with Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Hakeem James Hughes, age 28, of Stowe, Pennsylvania, was indicted on December 13, 2017, by a federal grand jury for offenses involving the exploitation of a minor.
According to United States Attorney David J. Freed, the indictment alleges that Hughes coerced and enticed a minor to engage in sex acts for the purpose of making visual images of those acts in February and April 2014. The two-count indictment charges Hughes with production of child pornography on separate dates.
This case was investigated by the U.S. Immigration and Customs Enforcrment’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the production of child pornography offenses is 30 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Those charges carry mandatory minimum terms of imprisonment of 15 years. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Union President and Treasurer Sentenced to Probation for Stealing Union FundsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on December 13, 2017, United States District Court Judge Richard P. Conaboy sentenced Michael Evans, age 57, and William Uggiano, age 60, both of Wilkes-Barre, Pennsylvania, for stealing funds from a local union.
According to United States Attorney David J. Freed, both Evans and Uggiano were sentenced to 2 years’ probation for stealing funds from the American Federation of Government Employees (AGFE) Local 1699 Union. Evans was ordered to pay $65,775 in restitution and Uggiano was ordered to pay $7,350 in restitution to the union.
Evans and Uggiano, served as the President and Treasurer respectively, stole more than $68,000 in union funds from Local 1699’s credit union between March 2013 and December 2015.
This case was investigated by the United States Department of Labor, Office of the Inspector General. Assistant United States Attorney Evan Gotlob prosecuted the case.
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Monroe County Man Sentenced to Five Years’ Imprisonment for Firearms OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on December 12, 2017, United States District Court Judge James M. Munley sentenced Kyle Heller, age 29, of Monroe County, Pennsylvania, to five years’ imprisonment for a felony firearms offense.
According to United States Attorney David J. Freed, Heller possessed a Smith & Wesson 9mm handgun during and in relation to a drug trafficking crime in East Stroudsburg, Pennsylvania. In August 2016, Heller stole the firearm from an unlocked pickup truck in Monroe County, and used it to trade for cocaine and cash, with which he then purchased heroin.
The case was investigated by the U.S. Federal Bureau of Investigation, the Stroud Regional Area Police Department, and the Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni 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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York Gang Member Sentenced to Life in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a member of a gang that has operated for a decade or more in the City of York was sentenced to life in prison for racketeering and drug distribution conspiracies.
According to United States Attorney David J. Freed, U.S. District Court Judge Yvette Kane imposed a sentence of life in prison on Douglas Kelly, a/k/a “Killer,” age 39, who was identified as a member of the “Southside” street gang as well as a member of the Bloods. When imposing sentence, Judge Kane noted Kelly’s role as one of the originators of this gang that ravaged the community in York for over a decade, causing numerous deaths and many other victims. Judge Kane indicated that Kelly’s gang activity placed him at the core of the organization.
At the sentencing, the government asked for a life sentence by highlighting Kelly’s significant prior criminal history. The government noted that at the age of 15, Kelly was convicted of attempted murder in New York for shooting an eight-year-old in the head with a shotgun. His criminal conduct did not dissipate, the government argued. Rather, in the early 2000’s, he was one of the original sources of guns and drugs to the gang. Judge Kane agreed and noted that Kelly was comparable to the two other leaders of the group Rolando Cruz, Jr., and Mark Hernandez, both of whom she recently sentenced to life in prison.
In November 2015, a jury convicted Kelly of racketeering and drug trafficking conspiracies 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 convicted the other 11 men who went to trial with Kelly.
The gang, labeled by the government as a criminal enterprise, is known as Southside. It operated in southern York, centered in the area of Maple and Duke Streets. There was no formal structure but the participants included senior leaders, drug traffickers engaged in distribution and sales of narcotics, particularly crack cocaine, and “shooters,” individuals who committed acts of violence, including use of firearms on behalf of the gang and to protect its members from other gangs in York. Order was maintained through intimidation and threats and, in some cases, murder. The Southside Gang includes a group of violent drug traffickers, originally affiliated with the “Bloods,” primarily a New York-based national violent street gang.
Violence against a rival York gang, called “Parkway,” allegedly resulted in death or shootings of members of both gangs and innocent bystanders.
ATF, together with the York City Police Department and the York County District Attorney’s Office, began an intensive two-year investigation of Southside in 2012. It culminated in a September 2014 grand jury indictment of 21 individuals.
Eight of the indicted persons, including James Abney, a senior Southside leader, pleaded guilty to the racketeering conspiracy charge prior to the trial, as did seven other individuals included in the September 2014 indictment.
Many individual Southside gang members were investigated and previously prosecuted by York County law enforcement agencies on state charges. The federal prosecution aimed at dismantling the organization by exposing and attacking its continuity and leadership. The federal investigation of gang violence and drug dealing in York is continuing in full cooperation with local police and the York County District Attorney’s Office.
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 awaiting sentencing or were sentenced:
Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 3, 2017, to life in prison.
Marc Hernandez, a/k/a “Marky D,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 25, 2017, to life in prison.
Roscoe Villega, a/k/a “P Shawn,” age 44; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 25 years in prison.
Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Maurice Atkinson, a/k/a “Mo,” age 30; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 200 months in jail,
Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced to 33 months in prison on June 5, 2017,
Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced to 34 months in prison on November 10, 2016,
Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced to 60 months in prison on May 15, 2017.
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.
Richard Nolden, a/k/a “Rich,” age 27.
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 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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Public Corruption Convictions for Former Lackawanna County Commissioner Robert C. Cordaro UpheldRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge A. Richard Caputo denied former Lackawanna County Commissioner Robert C. Cordaro’s latest appeal regarding his 2011 conviction on multiple public corruption charges. Specifically, Judge Caputo adopted the Report and Recommendation of Magistrate Judge Karoline Mehalchick and denied Cordaro’s appeal based on the Supreme Court’s 2016 decision in McDonnell v. United States.
According to United States Attorney David J. Freed, Judge Caputo rejected Cordaro’s claim that the McDonnell decision required that his convictions for Hobbs Act extortion, bribery and racketeering must be vacated and that he be granted a new trial. Judge Caputo stated that “Cordaro fails to demonstrate that it is more likely than not that no reasonable jury would have convicted him if the jury had been instructed in accordance with McDonnell.” Characterizing the evidence as “straightforward” and “overwhelming,” the Court also found that Cordaro failed to establish that he was actually innocent of the charges.
Cordaro was convicted in 2011, along with former Lackawanna County Commissioner Anthony Munchak, on multiple charges including racketeering and other public corruption offenses relating to the Commissioner’s demands for payments and other benefits from individuals and entities doing business with Lackawanna County. Cordaro was sentenced on January 30, 2012, to serve 132 months’ imprisonment and the Third Circuit Court of Appeals affirmed the conviction and sentence on May 31, 2013. Munchak was sentenced in 2012 to serve 84 months’ imprisonment and the Third Circuit Court of Appeals affirmed his conviction and sentence on May 31, 2013.
After Cordaro’s conviction and sentence were affirmed, Cordaro filed a motion to vacate his conviction and sentence based on alleged ineffective assistance of his trial counsel. A three-day hearing was held in January 2015 and Judge Caputo denied the motion in August 2015. Cordaro appealed that ruling and the Third Circuit Court of Appeals affirmed the District Court.
Following the Supreme Court’s 2016 decision in McDonnell, Cordaro filed a Petition for Writ of Habeas Corpus on February 3, 2017, and Magistrate Judge Mehalchick issued a Report and Recommendation denying the Petition on September 1, 2017. Cordaro objected to the Magistrate’s findings and by Order dated December 11, 2017, Judge Caputo adopted the Report and Recommendation and upheld all of Cordaro’s convictions.
The case was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the Internal Revenue Service. At trial, the government was represented by Assistant United States Attorneys Lorna N. Graham, William S. Houser and Bruce Brandler. Assistant United States Attorney Stephen Cerutti, Chief of Appeals, handled the Habeas Corpus Petition.
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Two Federal Inmates Sentenced for Weapon PossessionRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that U.S. District Court Judge Matthew W. Brann sentenced two federal inmates separately for possessing weapons in prison.
According to United States Attorney David J. Freed, Jeremy Harwell, age 30, an inmate at the Federal Correctional Institute (“FCI”) Allenwood, was sentenced to 18 months’ imprisonment for being in possession of a homemade weapon made out of wood, commonly referred to as a “shank” in December 2016.
Craig Pipps, age 43, an inmate at the United States Penitentiary (“USP”) Allenwood, was sentenced to 20 months’ imprisonment for being in possession of a homemade weapon made out of wood, commonly referred to as a “shank” in December 2016.
Harwell and Pipps each previously pleaded guilty on September 8, 2017. The sentences will be served consecutively to their current periods of federal confinement.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Special Assistant United States Attorney Michael FiggsGanter prosecuted the cases.
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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 December 6, 2017, 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, Eulogio Perez-Reyes, age 34, of Mexico, was previously deported from the United States to Mexico in March 2009. He is alleged to have illegally re-entered the United States sometime after March 2009, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Francisco Noj-Pirir, age 25, of Guatemala, was previously deported from the United States to Guatemala in April 2013. He is alleged to have illegally re-entered the United States sometime after April 2013, and was found in the United States in Monroe County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Concepcion-Hernandez, age 34, of Mexico, was previously deported from the United States to Mexico twice in May 2007. He is alleged to have illegally re-entered the United States sometime after May 2007, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Perez-Reyes, Noj-Pirir, and Concepcion-Hernandez all face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
Jesus San Juan-Rodriguez, age 29, of Mexico, was previously deported from the United States to Mexico in September 2015. He is alleged to have illegally re-entered the United States sometime after September 2015, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers. In September 2013, he was convicted in the Adams County Court of Common Pleas of Driving Under the Influence of Alcohol- second offense, an offense which subjects him to enhanced penalties in the current case.
Because of San Juan-Rodriguez’s previous conviction, under federal law he faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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York County Man Convicted of Child Pornography OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert E. Miller, III, age 34, of York County, Pennsylvania, was convicted of being in the possession of images depicting the sexual exploitation of children and receipt of obscene visual representations depicting the sexual abuse of children. The three-day trial was held before United States District Court Judge John E. Jones, III.
According to United States Attorney David J. Freed, the jury returned the guilty verdict after approximately 1.5 hours of deliberation. The case originated when the FBI Major Case Coordination Unit sent a lead to the FBI Harrisburg office regarding a user browsing a known child pornography website. After obtaining a search warrant, federal and local law enforcement officers located hundreds of images and videos containing child pornography and obscene material depicting the sexual abuse of children, including violent rape, sodomy, bondage and forcible penetration with an object.
This case was investigated by the Federal Bureau of Investigation and the Northern York County Regional Police Department. Assistant United States Attorneys Daryl Bloom and Carlo Marchioli prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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 Count one is 10 years’ imprisonment, a lifetime of supervised release following imprisonment, and a $250,000 fine. The maximum penalty under federal law for Count two is 20 years’ imprisonment, a lifetime of supervised release following imprisonment, and a $250,000 fine. Count two carries a mandatory term 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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Two Rhode Island Women Charged with Conspiracy to Commit Mail FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Johanna Calderalo, age 45, and Ana Calderalo, age 71, both of Cranston, Rhode Island, were charged on December 5, 2017, in a criminal information with conspiracy to commit mail fraud.
According to United States Attorney David J. Freed, the criminal information alleges that while working at a bank in Rhode Island, Johanna Calderalo changed the mailing address of the victim to a residence in Scranton, Pennsylvania and had an ATM card sent to the new address. Ana Calderalo travelled to the Scranton address to obtain the ATM card and directed an individual to make multiple withdrawals from the account totaling $56,400.
The case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Jenny P. Roberts.
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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Lebanon County Man Sentenced to 15 Years’ Imprisonment for Production of Child Pornography and Coercing and Enticing A Minor to Engage in Sexual ActivityRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kerry Edward Tropasso, age 36, formerly of Lebanon County, Pennsylvania, was sentenced on December 5, 2017, to 15 years’ imprisonment followed by 15 years’ supervised release by United States District Court Judge William W. Caldwell for production of child pornography and coercing and enticing a minor to engage in sexual activity.
According to United States Attorney David J. Freed, Tropasso was involved in an online relationship with a minor where he video recorded the minor engaged in sexually explicit conduct and then uploaded digital images to a commercial printing service. Tropasso also possessed thousands of images and hundreds of videos of suspected or previously identified child pornography, depicting children in chains being raped by adults. The images included children as young as five years old.
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.”
This case was investigated jointly by the United States Postal Inspection Service and the Pennsylvania State Police, with assistance by the Lancaster County District Attorney’s Office. Assistant United States Attorney Daryl Bloom prosecuted the case.
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Former Lackawanna County Prison Contract Employee Charged with Providing and Attempting to Provide Drugs and Contraband to InmatesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jerry Defazio, age 39, of Archbald, Pennsylvania, was charged in a criminal information with providing and attempting to provide contraband, including illegal drugs, to inmates at the Lackawanna County Prison.
According to United States Attorney David J. Freed, the information alleges that Defazio provided and attempted to provide oxycodone, suboxone, and tobacco to inmates at the prison between November 2015 and April 2016. The information states that at the time of the criminal conduct, Defazio was a prison contract employee.
The charge stems from an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law 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 County Man Sentenced to Five Years in Prison for Possession of Firearms in Furtherance of Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dennis Couvertier, age 45, of Luzerne Borough, Pennsylvania, was sentenced on December 1, 2017, by U.S. District Court Judge Malachy E. Mannion to serve five years in prison for possession of firearms in furtherance of drug trafficking activity.
According to United States Attorney David J. Freed, Couvertier previously entered a guilty plea to the charge before Judge Mannion in May 2017. The charge stems from an incident in June 2015, in which investigators arrested Couvertier after he made a sale of cocaine to another individual. Investigators then served a search warrant at Couvertier’s residence in Luzerne Borough and seized a .45 caliber semi-automatic Taurus pistol, a 9mm Smith and Wesson semi-automatic pistol, 43 rounds of ammunition, $2,916 in United States Currency, drug paraphernalia and drug packaging materials.
In addition to the sentence of imprisonment, Judge Mannion ordered that Couvertier be supervised by a probation officer for three years after his release from prison.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms and the Kingston Police Department. Assistant United States 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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Five Harrisburg Men Charged with Drug and Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Colby Syhur Grant, age 23, William Chism, III, age 27, Richard Earl Davis, age 25, John R. Wilson, Jr., age 38, and Henry Ferrer, age 40, all of Harrisburg, Pennsylvania, were charged on November 29, 2017, in a thirty-one count superseding indictment with unlawful possession of firearms and drug distribution. The indictment was unsealed following the arrest of the defendants.
According to United States Attorney David J. Freed, the men are alleged to have engaged in a scheme between October 2016 and April 2017, to purchase firearms illegally by using a “straw purchaser,” alleged in the indictment to be Chism, to purchase firearms because they were prohibited from doing so. Grant is also charged with drug trafficking. Grant and Davis are also charged with possessing firearms in furtherance of drug trafficking. Davis is also charged with obstructing the investigation by causing the disposal of a firearm so law enforcement officers would not find it.
The charges stem from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney James T. Clancy 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 for possession of a firearm in furtherance of drug trafficking is life in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession with intent to distribute controlled substances is 20 years in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for making false statements to buy firearms is 10 years in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for obstruction of justice is 5 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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Dunmore Man Charged with 14 Bank Robberies in Northeastern PennsylvaniaRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on November 30, 2017, William Fischer, age 45, of Dunmore, Pennsylvania, was charged in a criminal information with 14 bank robberies, and with brandishing firearms during the course of those bank robberies.
According to United States Attorney David J. Freed, the information alleges that Fischer robbed 14 banks located throughout northeastern Pennsylvania between December 1, 2015 and September 13, 2017. Fischer was apprehended shortly after the September 13, 2017, robbery by the Pennsylvania State Police. For 12 of the offenses, Fischer was charged with robbing the banks while armed. He also was charged with brandishing a firearm during a crime of violence. Fischer’s crime spree netted $203,779; law enforcement recovered $16,769 of the stolen funds.
The United States is seeking forfeiture of 14 handguns, rifles, shotguns, and assault rifles, assorted ammunition, and a ballistic vest seized during the investigation. The United States also is seeking forfeiture of a Scranton, Pennsylvania property.
The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and by numerous local law enforcement authorities throughout northeastern Pennsylvania. Assistant United States Attorney Phillip J. Caraballo 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.
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 penalties under federal law for the combined charges is life imprisonment, a term of supervised release following imprisonment, and a fine. The firearm charge carries a mandatory seven-year sentence that is to run consecutive to any sentence received for the bank robbery offenses. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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York Man Sentenced to 15 Years’ Imprisonment for Federal Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney's Office for the Middle District of Pennsylvania announced today that on November 30, 2017, Senior District Court Judge Sylvia H. Rambo sentenced Quan Leroy Gross, age 46, of York, Pennsylvania, to 180 months’ imprisonment. Gross pleaded guilty to possessing a firearm as a convicted felon before Judge Rambo on July 18, 2017.
According to United States Attorney David J. Freed, law enforcement apprehended Gross when he possessed a loaded firearm in York City during a drug transaction. As a previously convicted felon, Gross is prohibited from possessing firearms.
Gross faced a mandatory minimum of fifteen years imprisonment and a statutory maximum of life imprisonment.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department. Assistant United States Attorney Meredith A. Taylor 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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Scranton Man Sentenced to 58 Months’ Imprisonment for Sex TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Mark Matis, age 29, of Scranton, Pennsylvania, was sentenced on November 30, 2017, by Senior U.S. District Court Judge James M. Munley to 58 months’ imprisonment for his role in the sex trafficking of a minor in early 2014.
According to United States Attorney David J. Freed, Matis previously pleaded guilty to assisting Sean Cantelmo and others in transporting and maintaining a minor for the purpose of having the minor engage in prostitution during February through May 2014.
The sex trafficking activity involved placing photographs of the minor along with ads in the adult “escort” section of a website; renting motel rooms in Lackawanna and Luzerne Counties where the prostitution activities occurred; providing drugs to the minor; purchasing and providing condoms for the minor to use during commercial sex acts; and serving as security or “bodyguards” at the motels where the commercial sex acts took place.
The court noted that Matis played a minor role in the offense for only a brief time period.
Matis was indicted by a federal grand jury in April 2015, as a result of an investigation by Homeland Security Investigations and the Pennsylvania State Police. Four persons were charged in connection with the investigation. Sean Cantelmo previously pleaded guilty and was sentenced to 151 months in prison. Jimmy Cantelmo also pleaded guilty and was sentenced to 10 years in prison. Justin Strait pleaded guilty and was sentenced to 72 months in prison.
Judge Munley also ordered Matis to serve five years on supervised release following his prison sentence. Matis must also comply with the requirements of the Sex Offender Registration and Notification Act.
“Sex trafficking is a deplorable crime, especially when it involves underage victims,” said Marlon V. Miller, special agent in charge of HSI Philadelphia. "Homeland Security Investigations will continue to work with our federal, state and local law enforcement partners to aggressively investigate and arrest individuals that prey on the most vulnerable in our community, our children.”
Assistant United States Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Doctor Indicted on Heath Care Fraud and Opioid Diversion ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Charles J. Gartland, D.O., age 59, of Cochranville, Pennsylvania, was indicted on November 29, 2017, by a federal grand jury on health care fraud and opioid diversion charges.
According to United States Attorney David J. Freed, the indictment alleges 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. According to the indictment, 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 indictment also alleges 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.
According to the indictment, Gartland allegedly filled the prescriptions at four 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.
The indictment charges Gartland with 10 counts of health care fraud and 10 counts of obtaining controlled substances by deception.
Gartland surrendered to the U.S. Marshal Service yesterday and entered a not guilty plea before United States Magistrate Judge Martin C. Carlson. Judge Carlson ordered Gartland released pending trial under supervision by the U.S. Probation Office. Trial was scheduled for February 5, 2018, before United States District Court Judge Yvette Kane.
The matter 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.
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.
Each count of Health Care Fraud is punishable by up to 10 years’ imprisonment and a $250,000 fine. Each count of 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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Wilkes-Barre Man Sentenced for Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on November 29, 2017, United States District Court Judge Robert D. Mariani sentenced Nelson Soto, age 44, of Wilkes-Barre, Pennsylvania, to 10 months’ imprisonment for his role in a drug trafficking organization operating in Luzerne County.
According to United States Attorney David J. Freed, the charges stemmed from a conspiracy to distribute and possess with intent to distribute heroin, powder cocaine, and cocaine base, or “crack.” The organization was responsible for trafficking over 100 grams of heroin and 28 grams of crack. One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of heroin. Soto plead guilty to a charge of conspiracy to distribute and possess with intent to distribute heroin pursuant to a plea agreement with the United States, and admitted that he was responsible for trafficking less than 10 grams of heroin.
This indictment was the result of a year-long investigation conducted by the U.S. Drug Enforcement Administration, Wilkes-Barre Police Department, and Pennsylvania State Police. Assistant U.S. Attorney Sean A. 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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Harrisburg Man Indicted on Firearms ChargeRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daryl Davis, age 20, of Harrisburg, Pennsylvania, was indicted on November 29, 2017, by a federal grand jury on a firearms charge.
According to United States Attorney David J. Freed, the indictment alleges that on September 15, 2017, in Harrisburg, Davis unlawfully possessed a Taurus .40 caliber pistol as a previously convicted felon.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City Police Department. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
This case 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 ten 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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Inmate at Lewisburg Federal Prison Sentenced to an Additional Seven Years in Prison for Assault on Correctional OfficerRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal inmate at the United States Penitentiary at Lewisburg was sentenced yesterday by U.S. District Court Judge Matthew W. Brann in Williamsport, to serve an additional seven years in prison for assaulting a federal correctional officer.
According to United States Attorney David J. Freed, Julious Bullock, age 31, formerly of North Carolina, previously admitted to the charge of assault on a correctional officer. The charge stems from an incident on August 2, 2016, in which Bullock “head-butted” a correctional officer at the United States Penitentiary at Lewisburg.
Bullock was previously indicted by a federal grand jury in September 2016, on the assault charge. He is presently serving a sentence of 120 months in prison on the charge of being a convicted felon in possession of a firearm. That offense occurred in 2010 in Raleigh, North Carolina. The sentence which Bullock received yesterday will be served in addition to that sentence.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
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Dunmore Man Sentenced to 36 Months’ Imprisonment for $1.6 Million Tax FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Diego Rojas, age 43, of Dunmore, Pennsylvania, was sentenced today to 36 months’ imprisonment before United States District Court Judge James M. Munley for conspiring to defraud the government with respect to income tax claims.
According to United States Attorney David J. Freed, Rojas deposited approximately 350 United States tax refund treasury checks, at least 250 which were identified as fraudulent (Stolen Identitiy Refund Fraud (SIRF)) checks, into the check cashing company he owned and operated, Dunmore Check Cashing. The approximate value of these SIRF checks was $1,669,000.
Rojas was also ordered to pay $1,669,864 in restitution.
The case was investigated by the Scranton Office of the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Evan Gotlob prosecuted the case.
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David J. Freed Sworn in as U.S. Attorney for the Middle District of PennsylvaniaRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that David J. Freed was sworn in today to be the United States Attorney for the Middle District of Pennsylvania. The oath of office was administered by Chief Judge Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania. Mr. Freed was nominated to serve as U.S. Attorney by President Trump on September 8, 2017, and was confirmed by the United States Senate on November 15, 2017. Mr. Freed replaces Bruce D. Brandler, who was appointed United States Attorney on an interim basis on October 2, 2016 upon the resignation of Peter J. Smith, who had served in that capacity since 2010.
Mr. Freed, 47, of Camp Hill, Pennsylvania, will serve a four-year term and preside over an area that covers 33 Pennsylvania counties located in Central and Northeast Pennsylvania. Mr. Freed has an extensive background in public service including serving as the Cumberland County District Attorney since 2006, First Assistant District Attorney in Cumberland County and as an Assistant District Attorney in York County. He also served as President of the Pennsylvania District Attorney’s Association from 2013-2014 and served as a law clerk for Judge Harold Sheely of the Cumberland County Court of Common Pleas. He is a graduate of Washington and Lee University and received his law degree from the Dickinson School of Law in Carlisle, Pennsylvania.
“It is a true honor to be sworn in to work alongside of the excellent career prosecutors, civil attorneys and staff of the Middle District, said United States Attorney David J. Freed. I look forward to continuing the great work of the office on behalf of our citizens.”
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Philadelphia Man Charged in Superseding Indictment with Enhanced Penalty Provision for Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Serrano-Munoz, age 38, of Philadelphia, Pennsylvania, was charged on November 22, 2017, in a superseding indictment for offenses involving the exploitation of a minor.
According to United States Attorney Bruce D. Brandler, Serrano-Munoz is alleged to have coerced a minor to take sexually explicit photographs of herself and transmit those images to him over the internet. He was charged in a three-count indictment in July with production of child pornography, receipt and distribution of child pornography, and possession of child pornography. The superseding indictment alleges Serrano-Munoz was a registered sex offender at the time he allegedly committed the child pornography offenses. The indictment also seeks forfeiture of all electronic equipment used to take those images.
This case was investigated by the Pennsylvania State Police with the assistance of the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the production of child pornography offense is 50 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Those charges carry a mandatory minimum term of imprisonment of 25 years. The receipt and distribution of child pornography charge is punishable by a maximum of 40 years in prison and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 15 years. The possession of child pornography charge is punishable by a maximum of 20 years’ imprisonment and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 10 years. The penalty for committing an offense against a minor while being a registered sex offender is 10 years in addition to the penalty imposed for the underlying offense. 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 Benny Rodall, age 48, of Harrisburg, Pennsylvania, was indicted on November 22, 2017, by a federal grand jury with unlawful possession of a firearm and drug distribution,
According to United States Attorney Bruce D. Brandler, the indictment alleges that on or about July 15, 2017, Rodall unlawfully possessed a Smith and Wesson 38 Special firearm with an obliterated serial number as a previously convicted felon. Rodall is also charged with possessing the firearm in furtherance of drug trafficking, and possession with intent to distribute cocaine base, also known as crack cocaine, heroin, and clonazepam pills on July 15, 2017.
The case was investigated by the Harrisburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney James T. Clancy 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.
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 unlawful possession of firearm by a previously convicted felon is 10 years in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for possessing a firearm with an obliterated serial number is 5 years in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession of a firearm in furtherance of drug trafficking is life in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession with intent to distribute heroin and cocaine base is 20 years in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession with intent to distribute clonazepam is 5 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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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 November 22, 2017, by a federal grand jury for illegal re-entry into the United States by a previously deported alien.
According to United States Attorney Bruce D. Brandler, Fausto Lubo-Castillo, age 33, of Mexico, was previously deported from the United States to Mexico in September 2008. He is alleged to have illegally re-entered the United States sometime after September 2008, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Andres DeLeon-Cedillo, age 25, of Guatemala, was previously deported from the United States to Guatemala in June 2012. He is alleged to have illegally re-entered the United States sometime after June 2012, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers
Under federal law, Lubo-Castillo and DeLeon-Cedillo, both face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
Marcelo Barranco-Ramirez, age 28, of Mexico, was previously deported from the United States to Mexico on three occasions, April 2007, October 2014, March 2015. He is alleged to have illegally re-entered the United States sometime after March 2015, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers. In October 2014, he was convicted in the Middle District of Pennsylvania of Illegal Reentry by a Previously Deported Alien, an offense which subjects him to enhanced penalties in the current case.
Because of Barranco-Ramirez’s previous conviction, under federal law he faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Mario Peralta-Lopez, age 32, of Mexico, was previously deported from the United States to Mexico in June 2013 and May 2016. He is alleged to have illegally re-entered the United States sometime after May 2016 and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers. In August 2015, he was convicted in the Dauphin County Court of Common Pleas of Delivery or Possession With the Intent to Deliver Cocaine, an offense which subjects him to enhanced penalties in the current case.
Because of Peralta-Lopez’s previous conviction, under federal law he faces a maximum penalty of 20 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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West Virginia Man Charged with Producing Child Pornography and Online Enticement of A MinorRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Johnnie Gresham, age 39, of Charleston, West Virginia, was indicted by a federal grand jury today on charges of production of child pornography and online sexual enticement of a minor.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Gresham committed the offenses between April 2017 and June 2017, in Susquehanna County and elsewhere. The indictment alleges that Gresham used a cell phone and the internet to commit the crimes.
The charges stem from an investigation by Homeland Security Investigations and the Pennsylvania Attorney General’s Office. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 years’ imprisonment for the production of child pornography charge, and a mandatory minimum sentence of 10 years’ imprisonment for the online enticement charge. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Men Charged with Armed Robberies of Two Gas StationsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Durrell Davenport, age 26, and Amod Phillips, age 27, both of Scranton, Pennsylvania, were indicted by a federal grand jury for interference with commerce by robbery and aiding and abetting, conspiracy to commit interference with commerce by robbery, and brandishing a firearm in furtherance of a crime of violence.
According to United States Attorney Bruce D. Brandler, the indictment alleges that on June 8, 2017, Davenport and Phillips brandished firearms and robbed the EFuel Gas Station and Food Mart in Scranton. Approximately $266 and several packs of cigarettes were taken in the robbery. The indictment also charges Davenport with the armed robbery of the Sunoco Gas Station and Convenience Store, in Scranton, on June 20, 2017. Davenport stole $386 and several packs of cigarettes.
The case was investigated by the Scranton Police Department and the Bureau of Alcohol, Tobacco and Firearms. Assistant United States Attorney Robert J. O’Hara 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 for the robbery charges under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. The charge of brandishing a firearm carries a mandatory minimum sentence of seven years, consecutive to any other sentence. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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York Gang Member Sentenced to 25 Years in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Roscoe Villega, a/k/a “P Shawn,” age 43, a member of a gang that has operated for a decade or more in the City of York, was sentenced yesterday to 25 years in prison by U.S. District Court Judge Yvette Kane for racketeering and drug distribution conspiracies.
According to United States Attorney Bruce D. Brandler, Villega, who was identified as a member of the “Southside” street gang as well as a member of the “Bloods”. When imposing sentence, Judge Kane noted Villega’s role as a drug trafficker in the gang that ravaged the community in York for over a decade, causing numerous deaths and many other victims. Judge Kane indicated that Villega’s previous periods of incarceration failed to deter Villega’s activities.
The government asked for a substantial sentence but noted his role in the offense was less that the two leaders of the group Rolando Cruz, Jr., and Mark Hernandez, both of whom were recently sentenced to life in prison.
In November 2015, a jury convicted Villega of racketeering and drug trafficking conspiracies 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 convicted the other 11 men who went to trial with Villega.
According to United States Attorney Bruce Brandler, the gang, labeled by the government as a criminal enterprise, is known as Southside. It operated in southern York, centered in the area of Maple and Duke Streets. There was no formal structure but the participants included senior leaders, drug traffickers engaged in distribution and sales of narcotics, particularly crack cocaine, and “shooters,” individuals who committed acts of violence, including use of firearms on behalf of the gang and to protect its members from other gangs in York. Order was maintained through intimidation and threats and, in some cases, murder. The Southside Gang includes a group of violent drug traffickers, originally affiliated with the “Bloods,” primarily a New York-based national violent street gang.
Violence against a rival York gang, called “Parkway,” allegedly resulted in death or shootings of members of both gangs and innocent bystanders.
ATF, together with the York City Police Department and the York County District Attorney’s Office, began an intensive two-year investigation of Southside in 2012. It culminated in a September 2014 grand jury indictment of 21 individuals.
Eight of the indicted persons, including James Abney, a senior Southside leader, pleaded guilty to the racketeering conspiracy charge prior to the trial, as did seven other individuals included in the September 2014 indictment.
Many individual Southside gang members were investigated and previously prosecuted by York County law enforcement agencies on state charges. The federal prosecution aimed at dismantling the organization by exposing and attacking its continuity and leadership. The federal investigation of gang violence and drug dealing in York is continuing in full cooperation with local police and the York County District Attorney’s Office.
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.
According to U.S. Attorney Brandler, 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 awaiting sentencing or were sentenced:
Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 3, 2017, to life in prison.
Marc Hernandez, a/k/a “Marky D,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 25, 2017, to life in prison.
Douglas Kelly, a/k/a “Killer,” age 39; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Maurice Atkinson, a/k/a “Mo,” age 30; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced to 33 months in prison on June 5, 2017,
Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced to 34 months in prison on November 10, 2016,
Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced to 60 months in prison on May 15, 2017.
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.
Richard Nolden, a/k/a “Rich,” age 27.
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 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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