Middle District of Pennsylvania

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 – 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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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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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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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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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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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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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 - 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 - 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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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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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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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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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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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.

 

# # #

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.

 

 

# # #

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.   

 

 

# # #

 

 

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.

 

# # #

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.

 

# # #

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.

 

# # #

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.

 

# # #

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.

 

# # #

 

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.

           

# # #

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.

# # #

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.

 

# # #

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.

 

 

# # #

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."

 

 

# # #

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.

 

# # #

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.

 

# # #

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.

 

# # #

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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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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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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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 – 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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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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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 - 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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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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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jose Velazquez, age 27, was sentenced to 17 ½ years in prison yesterday by U.S. District Court Judge Malachy E. Mannion, for participating in a heroin trafficking conspiracy that stretched from Stroudsburg to New York to the state of Maine, and forcing or coercing women into engage in prostitution in northeastern Pennsylvania.

 

According to United States Attorney Bruce D. Brandler, Velazquez, who used the street name “Sev,” previously pleaded guilty to conspiring with others to distribute more than 100 grams of heroin (which is approximately equivalent to 4000 retail bags of heroin) and to sex trafficking an adult female between 2012 and 2014, using force and coercion.

 

Velazquez was originally indicted along with six other people by a federal grand jury in September 2015. In October 2016, Velazquez was charged in a superseding indictment with drug trafficking and sex trafficking crimes.

 

Velazquez’s conviction and sentence resulted from an investigation into the activities of a street gang known as the Black P-Stones. The superseding indictment alleged that male gang members were “beaten-in” to the gang and female members were “sexed-in” to the gang. The superseding indictment further alleged that members of the Black P-Stones obtained heroin in New York and distributed the heroin in Stroudsburg and locations in the state of Maine. According to the superseding indictment, couriers were used to transport heroin from New York to Maine.

 

The superseding indictment further alleged that females were “sexed-in” to the gang by being forced to engage in sex with male gang members; recruited and coerced to engage in prostitution; advertised as adult escorts on a website; provided with heroin and other drugs; and placed in various are hotels/motels to work as prostitutes. Male gang members used threats, force, drugs, and intimidation to coerce females to engage in prostitution.

 

Judge Mannion also ordered the defendant to serve five years of supervised release following his prison sentence. Velazquez must also comply with sex offender registration and notification requirements.

 

The case was investigated by agents of the Federal Bureau of Investigation, members of the Pennsylvania State Police, Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County.  Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

  

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Geraldo Ramos, age 44, of Harrisburg, Pennsylvania, pleaded guilty on November 13, 2017, before United States Magistrate Judge Martin C. Carlson to a two count information charging him with conspiracy to submit false claims and submitting false claims against the United States regarding income tax refunds.

 

According to United States Attorney Bruce D. Brandler, between 2010 and 2014, Ramos acted as a tax return preparer and filed numerous false and fraudulent tax returns for family and friends claiming $58,659 in refunds they were not entitled to receive.  As a result, the IRS paid the conspirators $52,711, which was shared with Ramos.  The fraudulent tax returns included

misrepresenting Schedule C income, listing fictitious dependents and manipulating filing status. 

 

The investigation was conducted by the Internal Revenue Service Criminal Investigation Division.  Assistant United States Attorney Chelsea Schinnour prosecuted the case. 

 

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

The maximum penalty under federal law for both charges is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.      

 

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WASHINGTON – Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division announced today that the United States has begun the remission compensation process to provide recovery for Western Union Company (Western Union) fraud victims from the $586 million civil forfeiture.

As part of agreements with the Department of Justice (DOJ) and the Federal Trade Commission (FTC) filed earlier this year in the Middle District of Pennsylvania, Western Union, a global money services business headquartered in Englewood, Colorado, agreed to forfeit $586 million.  According to admissions contained in the deferred prosecution agreement (DPA) and the accompanying statement of facts, between 2004 and 2012, Western Union processed hundreds of thousands of transactions for Western Union agents and others involved in an international consumer fraud scheme.  As part of the scheme, the perpetrators of fraud schemes contacted victims in the United States and falsely posed as family members in need or promised prizes or job opportunities.  Victims were then directed to send money through Western Union to purportedly help their relative or claim their prize.  Various Western Union agents were complicit in these fraud schemes, often processing the fraud payments in return for a cut of the fraud proceeds.

Through the remission process, victims of fraud who sent a money transfer through Western Union between Jan. 1, 2004, and Jan. 19, may be eligible for compensation for their losses.  The Department of Justice will send petitions for remission to over 500,000 potential victims.  These petitions will provide information and instructions regarding making a claim for compensation online or through the mail.  Individuals who believe they may be victims but who do not receive a petition may obtain a petition form online at www.WesternUnionRemission.com.  The deadline for filing a petition is Feb. 12, 2018.

“Knowing that its agents were involved in fraudulent schemes – and knowing that it had a legal obligation to detect and report this criminal conduct to the authorities – Western Union failed to act, leading to massive victim losses,” said Acting Assistant Attorney General Blanco.  “Returning forfeited funds to these victims and other victims of crime is one of the Department’s highest priorities.  I want to commend our prosecutors, the FTC, and our law enforcement agent partners for their hard work that led to vindicating the rights of these victims.”

“American consumers lost money while Western Union looked the other way,” said Acting Chairman Maureen K. Ohlhausen of the FTC.  “We’re pleased to start the process that will get that money back into consumers’ rightful hands.”

“The U.S. Postal Inspection Service has been at the forefront of protecting consumers from fraud schemes for many years,” said Inspector in Charge Daniel B. Brubaker of the United States Postal Inspection Service’s Philadelphia Division.  “While enforcing the laws that protect the innocent victims of these crimes, we are honored and take pleasure in returning the proceeds of international mass marketing fraud activity to their rightful owners, the victims, whenever possible. We would like to thank the victims who reported the fraudulent activity and worked with us during the investigation. We would also like to thank our law enforcement and regulatory investigative partners, particularly the U.S. Attorney’s Office for the Middle District of Pennsylvania, the Department of Justice’s Money Laundering and Asset Recovery Section and the FTC for their contributions to this collaborative effort.”

More information regarding the remission process, including eligibility criteria, updates, and frequently asked questions is available at www.WesternUnionRemission.com or by calling (844) 319-2124.  Gilardi & Co. LLC is serving as the remission administrator in this matter.  Neither Gilardi & Co., LLC nor DOJ will ask for any payment in order to participate in this remission process.  For more information on how to protect yourself from fraud, please visit www.consumer.ftc.gov or www.postalinspectors.uspis.gov. 

The U.S. Postal Inspection Service conducted the criminal fraud investigation.  The FTC conducted the civil fraud investigation.  Since fiscal year 2000, the Money Laundering and Asset Recovery Section, which will oversee the remission process, has successfully used its specialized expertise to return $5.1 billion in forfeited assets to victims of crime.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Roberto Torner, age 44 and Liza Robles, age 33, both of Freeland, Pennsylvania, and David Alzugaray-Lugones, age 48, of Weatherly, Pennsylvania, were charged on November 7, 2017, by a federal grand jury with various drug trafficking and firearms offenses in Luzerne County.

 

According to United States Attorney Bruce D. Brandler, Torner, Robles and Lugones-Alzugaray conspired to distribute heroin from June 2, 2015 to June 8, 2015, in Luzerne County.  All three individuals also were charged with distributing heroin on June 8, 2015.

 

Torner and Robles were charged with conspiring, from May 12, 2012 to August 28, 2017, to provide firearms and ammunition to a convicted felon and to possess firearms and ammunition as a convicted felon.  The indictment alleges that Robles purchased six firearms from various federal firearms licensees and other unnamed individuals, including two assault rifles, and provided them to Torner, a convicted felon prohibited from purchasing firearms.  The indictment also alleges that Torner purchased a shotgun from an unnamed individual.

 

Robles also was charged with providing firearms and ammunition to Torner, despite knowing of his status as a felon.  Torner also was charged with being a felon in possession of firearms and ammunition.  Alzugaray-Lugones also was charged with being an illegal alien in possession of a firearm and ammunition.

 

The indictment seeks forfeiture of $4,000, over 1,500 rounds of ammunition, and various firearms seized during the investigation.  The firearms are: 

1. Magnum Research 1911U .45acp;
2. Hi-Point JHP .45acp;
3. Stag Arms STAG-15, .223 cal. (a semiautomatic firearm that is capable of accepting a large capacity magazine);
4. Mossberg 500 12-gauge shotgun; and
5. Norinco MAC90 (a semiautomatic firearm that is capable of accepting a large capacity magazine); and a
6. Tikka T3, 30.06 rifle. 

The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives.  Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

The case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

 

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

 

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

The maximum penalties under federal law for the most serious narcotics charges are 20 years of imprisonment, a term of supervised release following imprisonment, and a fine.  The maximum penalties under federal law for the most serious firearms charges are 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John C. Ryall, age 38, of Simpson, Pennsylvania, was indicted on November 7, 2017, by a federal grand jury and charged with armed bank robbery.

 

According to United States Attorney Bruce D. Brandler, Ryall robbed the Honesdale National Bank in Scott Township, Pennsylvania, on October 20, 2017.  Ryall obtained $5,255, but was restrained by a bank customer, and taken into custody by the Scott Township Police Department shortly thereafter.  Ryall brandished a CO2 BB-gun during the robbery.

 

The matter was investigated by the Federal Bureau of Investigation and by the Scott Township Police Department.  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.

 

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

 

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

The maximum penalties under federal law for the charge is 25 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jimmy Jivens, age 42, of Harrisburg, Pennsylvania, was indicted on November 8, 2017, by a federal grand jury on drug trafficking and firearms charges.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Jivens possessed with the intent to distribute crack cocaine on March 23, 2017, in Harrisburg.  The indictment also alleges that Jivens unlawfully possessed two firearms (.357 Ruger revolver and AKS 7.62 rifle) and ammunition as a previously convicted felon and possessed the firearms in furtherance of drug trafficking.

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Police Department and is being prosecuted by Assistant U.S. Attorney Carlo D. Marchioli

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania.  Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

 

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

The maximum penalty under federal law for this offense is a lifetime term of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stephen Chang, age 29, of Los Angeles, California, was sentenced today by United States District Court Judge Yvette Kane to 262 months’ imprisonment for travel with intent to engage in criminal sexual conduct (3 counts) and coercion of sexual activity from a minor (2 counts).

 

            According to United States Attorney Bruce D. Brandler, Chang began communicating with a minor female when she was only 13 years old.  The communications began in August 2014, and continued until the day of his arrest at the Harrisburg International Airport on March 5, 2016.  During these conversations, Chang enticed the juvenile to produce and send sexual exploitative images.  Chang also traveled from Los Angeles, California to Elizabethtown, Pennsylvania on December 12, 2014, October 1, 2015, and March 4, 2016, to engage in sexual conduct with the minor.  On January 29, 2016, police were notified by the National Center for Missing and Exploited Children in a CyberTipline report about Facebook communications between the minor residing in Elizabethtown, Pennsylvania and an adult male in California, later identified as Stephen Chang.  Law enforcement also learned that Chang engaged in sexual conduct with a second victim in Bakersfield, California.

 

             This case was investigated by the Federal Bureau of Investigation, the Lancaster County District Attorney’s Office, the Elizabethtown Police Department, the Northwest Regional Police Department, the Dauphin County District Attorney’s Office and the Harrisburg International Airport Police and demonstrates an excellent collaborative investigative effort to remove dangerous sexual predators from the street and protect the communities’ children.  Assistant United States Attorney Daryl F. Bloom prosecuted the case. 

 

            This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit  www.usdoj.gov/psc and click on the tab "resources."

 

           

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Romasiewicz, age 25, of Exeter, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley, to unlawfully possessing a firearm as a convicted felon.

 

According to United States Attorney Bruce D. Brandler, Romasiewicz admitted to possessing a handgun in late July-early August 2017. At the time Romasiewicz possessed the handgun, he had a previous conviction for a federal drug trafficking offense.

 

The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa 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.

 

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

The maximum penalty under federal law is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shakur Brownstein, age 20, of Wilkes-Barre, Pennsylvania, was sentenced by U.S. District Court Judge James M. Munley to a term of 84 months’ imprisonment for brandishing firearms in relation to a drug trafficking crime.

 

According to United States Attorney Bruce D. Brandler, on June 27, 2017, Brownstein brandished a Smith & Wesson revolver and a stolen Smithfield semi-automatic handgun during an argument at his apartment in Wilkes-Barre, and while in possession of 1,234 baggies of heroin meant for distribution.  Police heard Brownstein state that “I will shoot you,” and upon entering the apartment saw Brownstein with a firearm in each hand pointing the guns at a juvenile male who was attempting to leave the apartment. 

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Wilkes-Barre Police.  Assistant U.S. Attorney Todd K. Hinkley 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.

           

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Jay Jackson, age 57, of Hershey, Pennsylvania pleaded guilty today before U.S. Magistrate Judge Martin C. Carlson to bankruptcy fraud related charges.

           

According to United States Attorney Bruce D. Brandler, Jackson was charged in an indictment in February 2017 with 12 counts of wire fraud, five counts of bankruptcy fraud, nine counts of false bankruptcy declarations, and two counts of aggravated identity theft. Jackson pleaded guilty to all 28 counts of the indictment.

 

Jackson admitted he defrauded his creditors, the Bankruptcy Court for the Middle District of PA, and his wife, by filing seven Chapter 13 and 11 bankruptcy petitions, five of which were filed under Jackson’s name and two of which were filed under his wife’s name without her knowledge. The petitions contained false information regarding Jackson’s income, assets, and employment, and were filed in order to postpone multiple Sheriff’s sales of his Hershey residence.

 

Jackson filed the last two petitions on June 3, 2015, and January 19, 2017, under his wife’s name without her knowledge after the Bankruptcy Court barred Jackson from filing any further petitions for two years on May 28, 2015.

 

The case was investigated by the Harrisburg Offices of the Internal Revenue Service, Criminal Investigation Division and the Federal Bureau of Investigation.  Assistant United States Attorney Kim Douglas Daniel is prosecuting the case.

 

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

           

Wire fraud is punishable by up to 20 years’ imprisonment.  Bankruptcy fraud and false statements in Bankruptcy matters both carry a five-year statutory maximum. Aggravated identity theft carries a mandatory two-year consecutive 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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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge Richard P. Conaboy sentenced Brian Reyes, age 30, of Scranton, Pennsylvania, to 70 months’ imprisonment for participating in a stolen identity tax refund fraud conspiracy.  Reyes pleaded guilty on October 18, 2016, pursuant to a one-count information that charged him with conspiring to defraud the United States with respect to fraudulent tax claims.

 

According to United States Attorney Bruce D. Brandler, Reyes owned and operated Reyes Services LLC, a Scranton, Pennsylvania-based check cashing business.  From January 2011 to June 2015, Reyes and his co-conspirators used stolen identities to prepare and file false federal income tax returns, unbeknownst to their victims.  Reyes’s co-conspirators obtained the refund checks from those fraudulent returns and provided them to Reyes, who cashed the checks at his business.  Reyes kept a portion of each check cashed.  The scheme netted $3,655,368 in false claims paid by the U.S. Treasury.

 

The government seized $48,933 during the course of the investigation.  As part of the sentence, Judge Conaboy imposed a restitution obligation on Reyes for the remaining balance of $3,606,435.

 

The case was investigated by the Internal Revenue Service Criminal Investigation Division.  Assistant United States Attorneys William Houser and Phillip J. Caraballo prosecuted the case.

 

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