Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Gettysburg Man Pleads Guilty to Producing Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Gettysburg man has pled guilty before United States District Court Judge John E. Jones, III in Harrisburg to a charge that he produced child pornography of children under 12 who were in his custody.
According to United States Attorney Peter Smith, Steven L. Berwager, age 73, Gettysburg, Pennsylvania pled guilty before United States District Court Judge John E. Jones, III and admitted that he produced videos of minor children engaging in sexually explicit conduct with Berwager. The minor children were in Berwager’s care and custody at the time the videos were produced.
Berwager was arrested on March 23, 2016 after a search of his home by state and federal law enforcement officers led to the recovery of thousands of images of child pornography stored on various electronic devices. Berwager agreed to forfeit all of the electronic devices seized during the search of his home that were used in producing, storing and transmitting child pornography. Berwager has been in custody ever since his arrest and was recently charged by state authorities on Adams County with sexual assault charges involving the same minor victims.
The case was investigated by the by the United States Department of Homeland Security, the United States Postal Inspection Service, the Pennsylvania State Police and the Adams County District Attorney’s office. Prosecution of the case has been assigned to Assistant United States Attorney William A. Behe.
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 is a mandatory 15 years term of imprisonment up to 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under federal law, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexican National Indicted for Illegally Re-Entering the United StatesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton has indicted Marcos Osorio Villalba for illegally re-entering the United States after having been previously deported.
According to United States Attorney Peter Smith, the Indictment charges a 38 year old Mexican national with unlawfully returning to the United States after having been deported to Mexico in 2014. Osorio Villalba was removed from the country after a conviction in federal court in Ohio for his involvement in a heroin conspiracy.
The investigation was conducted by the U.S. Department of Homeland Security/ Immigration and Customs Enforcement and Removal Operations. The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.
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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Former Utz Quality Foods Executive Pleads Guilty to $1.4 Million False Invoice Kickback SchemeRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Utz Quality Foods, Inc. executive has pleaded guilty to charges that he defrauded Utz out of approximately $1.4 million.
Kevin Myers, age 38, a former resident of Abbottstown, Pennsylvania, and the former Director of Purchasing for Utz, pleaded guilty today before United States Magistrate Judge Susan E. Schwab in Harrisburg to a one count Information charging him with Wire Fraud.
Myers and Jonathan Haas, age 45 of Easton, Pennsylvania, the former owner of Haas Packaging and Design, Inc. in Bethlehem, Pennsylvania, were charged in June of this year with wire fraud. The Information was filed against Myers and Haas pursuant to plea agreements with the government.
According to United States Attorney Peter Smith, Haas Packaging & Design was a vendor that supplied Utz with shelving and packaging products between January 2007 and August 2014. The defendants allegedly defrauded Utz by Haas’ submission of approximately 83 false invoices and approximately 43 bogus purchase orders prepared by Myers for products Utz never actually received. After Myers approved Haas’ false invoices for payment, Haas allegedly would kickback a portion of the proceeds to Myers. Haas allegedly received approximately $1,474,765 from Utz as a result of the false invoices and kicked back approximately $651,000 of that amount to Myers.
The defendants also allegedly attempted to conceal kickbacks to Myers as payments for consulting services. Some of the kickbacks were in the form of checks payable to “Myers Packaging Consulting,” a fictional business entity created by Myers.
The specific wire fraud charge relates to an alleged interstate wire transmission of a $26,000 check into a Myers Packaging Consulting bank account in January 2014. The government is also seeking forfeiture of approximately $1.4 million as proceeds of the scheme.
The case was investigated by the Harrisburg Office of the Federal Bureau of Investigation and Utz Quality Foods, Inc. cooperated with the investigation. The case is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.
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 of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Jersey Man Indicted for Production and Receipt of Child Pornography and Enticement of A MinorRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton returned an indictment on July 19, charging a 44-year-old Basking Ridge, New Jersey man with production of child pornography, receiving child pornography, and enticement of a minor to engage in illegal sexual activity, all through the use of a computer and cellular telephone.
According to United States Attorney Peter Smith, the Indictment, unsealed July 21, alleges that Hubert Young persuaded and coerced a 13-year-old girl to engage in sexually explicit conduct for the purpose of producing a visual image of such conduct, received images of child pornography from the minor, and enticed, persuaded and coerced the minor to engage in illegal sexual activity between January 2015 and June 2016. The victim is a resident of Luzerne County.
The charges stem from an investigation by the Federal Bureau of Investigation, Luzerne County Detectives, and the Pittston Police Department.
If convicted of the charges, Young faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 30 years in prison for the child pornography production charge, a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the enticement of a minor charge, and a mandatory minimum five years in prison and a potential maximum sentence of 20 years in prison for the receiving child pornography charge.
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."
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 life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wilkes-Barre Post Office Mail Carrier Assistant Charged with Destruction and Delay of MailRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that charges relating to the improper disposal of mailed items were filed against David T. Clocker on July 20. Clocker, age 34, of Wilkes-Barre, Pennsylvania, was charged with one count of misdemeanor destruction of mail in a Criminal Information filed today in U.S. District Court in Scranton.
According to U.S. Attorney Peter Smith, Clocker is charged with delay and destruction of mail between January and March 2016. The charges stem from an investigation by the Office of Inspector General, United States Postal Service.
Along with the Information, a plea agreement was filed in which Clocker agrees to plead guilty to the delay and destruction of mail charge. The plea agreement must be approved by the court. Clocker faces a maximum of one year in prison and a $100,000 fine, Smith said.
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 one year 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.
The case was investigation by OIG-USPS. The case is being prosecuted by Assistant United States Attorney Todd K. Hinkley.
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Valley Forge Business Owner Charged with Bribery of Former Treasurer of PennsylvaniaRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that as a part of the ongoing investigation into pay-to-play activities at the Pennsylvania Treasury, a grand jury in Harrisburg has indicted a Valley Forge business owner for making hundreds of thousands of dollars in secret campaign contributions to the Pennsylvania Treasurer in a bid to influence the awarding of hundreds of millions of dollars in Pennsylvania state investments.
According to First Assistant United States Attorney Dennis Pfannenschmidt, Richard W. Ireland, age 79, of Coatesville, was indicted for secretly making over a half-million dollars in campaign payments to former Treasurer of Pennsylvania Robert M. McCord as part of a seven-year long bribery scheme designed to influence investment decisions at Treasury and the State Employees Retirement System (SERS). Ireland also promised to put McCord on “his payroll” after he left office in exchange for McCord’s influence. The secret campaign contributions were made during McCord’s two campaigns for Pennsylvania Treasurer and in his unsuccessful 2014 bid for Governor of Pennsylvania.
The investigation revealed that Ireland used straw campaign contributors to support McCord’s campaigns. At least $375,000 in campaign contributions were funneled through charities to conceal from the public that Richard Ireland was the true source of McCord’s campaign contributions. Hundreds of thousands of dollars in other campaign contributions were funneled through employees, who as straw campaign donors, hid Ireland as the true source of the campaign contributions. Between 2009 and 2014, over $500,000 in secret campaign contributions were given to McCord.
These secret campaign contributions were given in exchange for McCord’s official decisions to continue to invest in businesses affiliated with Ireland. These businesses had contracts with the Pennsylvania Treasury to manage hundreds of millions of dollars in Pennsylvania state assets. Because of fee sharing agreements, these businesses paid Ireland as much as 50% of all the fees they received from Pennsylvania Treasury. Over the years of this scheme, Ireland and these related businesses earned over $10,000,000 in fees.
First Assistant U. S. Attorney Pfannenschmidt was designated United States Attorney for this case because United States Attorney Peter J. Smith recused himself. Mr. Smith previously worked for former Treasurer Robert M. McCord for a short period of time at the Pennsylvania Treasury Department.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, and the Pennsylvania State Police. The case is assigned to Assistant United States Attorneys Michael A. Consiglio and William S. Houser.
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 of imprisonment, a term of supervised release following imprisonment, and a fine for each of the bribery charges brought against Richard Ireland. The false statements charge has a maximum 5 years of imprisonment as well as a fine and a 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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New Jersey Man Sentenced to 12 1/2 Years in Prison for Role in Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Newark, New Jersey man was sentenced to 151 months in prison today by Senior U.S. District Court Judge James M. Munley in Scranton, for distributing heroin in Luzerne County during October 2014.
According to United States Attorney Peter Smith, the defendant, Shaquan Murphy, age 29, previously pleaded guilty on October 11, 2014 to distributing heroin to Luzerne County-based drug traffickers. Murphy was responsible for distributing between 100 and 400 grams of heroin, equivalent to between 3,300 and 13,000 retail bags of heroin.
Murphy was indicted by a federal grand jury in Scranton in October 2014 as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kingston Police, Plymouth Police and the Luzerne County District Attorney’s Office.
Judge Munley also ordered Murphy to forfeit his interest in more than $7000 in cash and a vehicle seized during the investigation and placed him on three years of supervised release following his prison sentence.
Murphy was one of six people charged in connection with the drug trafficking operation. Desmond Mercer, the leader of the drug operation, pleaded guilty to conspiracy to distribute heroin and was sentenced to 14 years in prison. Co-defendant Shaliek Stroman also pleaded guilty to conspiracy and was sentenced to 151 months in prison. Antuan Jamison, who helped Murphy deliver the drugs on October 11, pleaded guilty to conspiracy and received a five-year prison sentence.
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.
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Former State Treasurer Barbara Hafer Charged with Concealing Receipt of over $500,000 in Consulting Fee PaymentsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted the former Treasurer of Pennsylvania for concealing from federal investigators the receipt of hundreds of thousands of dollars in consulting fees.
According to United States Attorney Peter Smith, Barbara H. Hafer, age 72, of Indiana, Pennsylvania, was charged yesterday with two counts of making false statements to federal agents. In May 2016, federal agents interviewed Hafer as a part of an ongoing investigation. During the interview, Hafer allegedly concealed her financial relationship with a business person, referred to in the indictment as “Person #1”, claiming that this person did not help with her consulting business. When shown a signed contract between Hafer & Associates, LLC, and a company owned by the business person, Hafer denied receiving any payment on the contract.
According to the Indictment, Person #1 had a financial relationship with multiple businesses and had relationships, including fee sharing arrangements, with entities that provided asset management services to the Pennsylvania Treasury while Hafer served as Treasurer.
The Hafer interview took place as part of an ongoing long-term FBI-IRS investigation of alleged pay-to-play activities involving the Pennsylvania State government. The investigation revealed that in February 2005, within weeks of leaving the Office of Treasurer, a firm associated with Person #1 began making payments to Hafer’s consulting firm. For a year, Hafer & Associates received $41,667 a month, totaling the $500,000 committed in the contract. Further, the investigation found that payments began before the contract was signed by the parties.
Although Hafer allegedly claimed that this business person did not help her consulting business, the investigation revealed that the money allegedly accounted for approximately 73% of the funds Hafer & Associates earned in 2005. According to the Indictment, Person #1 allegedly helped Hafer’s business by causing the $500,000 agreement to be entered into between Hafer & Associates and a company associated with Person #1 which did not require Hafer & Associates to achieve any particular result; before the Agreement was signed by all parties, Person #1 caused a company associated with Person #1 to pay the first of 12 monthly installments of $41,667 due pursuant to the Agreement; Person #1 caused the payment of approximately $500,000 to be made under the Agreement during the first year Hafer & Associates was in operation; and Person #1 caused an additional $175,000 to be paid to Hafer’s business during calendar years 2006 and 2007.
Hafer served two terms as Pennsylvania’s elected State Treasurer from 1997 to 2005 and two terms as State Auditor General from 1989 to 1997.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. The case is assigned to Assistant United States Attorneys Michael A. Consiglio and William S. Houser.
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 5 years of imprisonment on each count. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Counselor at the Luzerne County Correctional Facility Pleads Guilty to Extortion and A Firearm ChargeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Louis Elmy, age 51, of Wilkes-Barre, pleaded guilty before United States District Court Judge Edwin M. Kosik today in Scranton to extortion and a firearms violation.
According to United States Attorney Peter Smith, Elmy was charged in a Criminal Information filed in June 2016 in the U.S. District Court in Scranton, with extortion and possession of a firearm in furtherance of drug trafficking, specifically, the possession of and intent to distribute crack cocaine. The Information was filed pursuant to a plea agreement between the United States and Elmy.
While acting in his official capacity as the work release counselor at the Luzerne County Correctional Facility, Elmy extorted money and other items of value from inmates on work release in exchange for giving them special privileges and unauthorized furloughs.
In order to have documentation for the furloughs that would appeared legitimate, Elmy created court orders by cutting and pasting a Luzerne County Judge’s signature from an older order onto the fraudulent order, and then photocopied the document for the file. Elmy engaged in the conduct between November 2013 and February 2016.
Elmy was arrested in February 2016 on a criminal complaint relating to the firearms charge.
Elmy was employed by Luzerne County for approximately 20 years, including work as a corrections officer at the correctional facility prior to being a work release counselor. Elmy also served as a member and president of the Wilkes-Barre Area School Board prior to the time period when the alleged criminal conduct occurred.
The charges are the result of an ongoing investigation by the Scranton Office of the Federal Bureau of Investigation. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute for the extortion charge is 20 years’ imprisonment. The firearms charge carries a maximum term of life, with a mandatory minimum sentence of five years’ imprisonment. Each charge also carries a fine of $250,000 and a term of supervised release following any period of incarceration. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Canadian Moneygram and Western Union Agent Pleads Guilty to Fraud and Money Laundering Conspiracy ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Western Union and MoneyGram agent in Canada has pleaded guilty to charges that he conspired to defraud hundreds of American residents out of more than $900,000 via mass marketing consumer fraud schemes.
According to United States Attorney Peter Smith, Chima Nneji, age 55, of Toronto, Canada, entered his guilty plea today before U.S. District Court Chief Judge Christopher C. Conner in Harrisburg. Nneji pleaded guilty to conspiracy to commit mail fraud, wire fraud and money laundering.
According to the Indictment by a Middle District of Pennsylvania grand jury in September 2012, Chima Nneji conspired with his codefendant brother, William Nneji, codefendant Alex Mgbolu, and other unnamed individuals between July of 2002 and May of 2010 to commit the crimes. Chima Nneji was extradited to the United States from Canada and was arraigned on his charges in Harrisburg in July 2015.
According to the Indictment, Chima Nneji was the owner/operator of a Western Union agency called Advanced Computer and a MoneyGram agency known as Hallmark Services, in Toronto, Canada. Between November 2004 and April of 2007, international mass marketing fraudsters instructed hundreds of consumer fraud victims across the United States to send Western Union and MoneyGram money transfers to Advanced Computer Service and Hallmark Services. The transfers were then paid out by Chima Nneji, and his brother. Nneji and his brother cashed out the money transfers in a manner that maintained the anonymity of the fraudsters, by entering false names and identification data into the Western Union and MoneyGram computer data bases. Analysts from the Toronto Police Service and U.S. Postal Inspection Service determined that over 90% of the payee addresses and identification numbers entered at Advanced Computer Service and Hallmark Services were invalid. For his role in the scheme, Chima Nneji retained a portion of the money transfers before sending the balance of the funds on to the fraudsters.
Law enforcement personnel sent questionnaires to hundreds of MoneyGram customers in the United States whose $1,000 plus money transfers were paid out at Hallmark Services. Not a single sender reported that their transfer was sent for a legitimate purpose. 198 customers reported that their money transfers, which totaled $579,436, were fraud-induced. The known total dollar loss associated with all consumer fraud induced money transfers paid out at Advanced Computer Service and Hallmark Services is $915,978.
Codefendant William Nneji is a fugitive from justice. Codefendant Alex Mgbolu is scheduled for trial before Judge Conner on August 15, 2016. No date has been scheduled as yet by Judge Conner for Nneji’s sentencing.
The case is part of an ongoing investigation by the Harrisburg Office of the U.S. Postal Inspection Service and is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 5 years imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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A Dominican National Indicted for Illegally Re-Entering the U.S.Read the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg indicted Jose Ricardo Pena yesterday for illegally re-entering the United States after having been previously deported.
According to U.S. Attorney Peter Smith, Pena, a 50 year old Dominican national was arrested by officers of U.S. Immigration and Customs Enforcement on May 4, 2016 as a result of a May 2016 conviction for felony drug trafficking in Dauphin County, Pennsylvania. Pena had previously been deported after an Immigration Judge ordered his removal following a conviction for drug offenses in Boston, MA.
The matter was investigated by the U.S. Department of Homeland Security/ Immigration and Customs Enforcement and Removal Operations and the case is being prosecuted by Assistant U.S. Attorney Meredith A. Taylor.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for this offense under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pike County Physician Indicted for Unlawful Distribution of Controlled Substances, Money Laundering, and Tax EvasionRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today the indictment of a Pike County physician, Fuhai Li, age 51, on charges of unlawfully distributing controlled substances without a legitimate medical purpose, money laundering, and tax evasion. Li was taken into custody today and will appear later today before United States Magistrate Judge Joseph F. Saporito, Jr. in Wilkes-Barre for his initial appearance.
According to U.S. Attorney Peter Smith, the 24 count indictment by a Federal Grand Jury in Scranton on July 19, unsealed today, alleges that, beginning in 2011 and continuing into 2015, Li unlawfully provided prescriptions for excessive quantities of oxycodone and other narcotics to individuals who he knew were not seeking the drugs for a legitimate medical purpose. One charge specifically alleges that Li unlawfully distributed a controlled substance and caused the death of one of his patients.
Li is also charged with 15 counts of alleged unlawful distribution of controlled substance to different persons repeatedly over extended periods between 2011 and 2015. He is also charged with unlawfully distributing and dispensing a controlled substance to a pregnant individual and with opening and maintaining premises at two locations in Milford, Pennsylvania, for the purpose of distributing controlled substances outside the usual course of professional practice and without legitimate medical purpose.
Li allegedly sought and received payments in cash from recipients of the unlawfully distributed controlled substance. Many of the recipients were from outside of Pennsylvania. Some of the recipients, in turn, distributed the unlawfully obtained controlled substance to others in exchange for money.
Li’s activities were allegedly not in the usual course of medical practice in one or multiple ways, as stated in the indictment, including:
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inadequate verification of the patient’s medical complaint;
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cursory or no medical examinations by LI;
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inadequate patient medical history and no follow-up verification;
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incomplete or inadequate mental or physical examinations;
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treating patients with highly addictive controlled substances while failing to consider other treatment options;
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lack of, or inadequate, diagnostic testing;
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increasing the patients’ dosages over time unnecessarily; and
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prescribing inappropriate combinations of drugs to patients.
Li is charged with three counts of tax evasion for the years 2011 through 2013. The indictment alleges that during the execution of federal search warrants by Drug Enforcement Administration (DEA) agents at his office and residences in January 2015, more than $1,000,000 in cash was seized. The indictment alleges that for the years 2011 through 2013, Li evaded federal taxes in an amount in excess of $300,000.
Li is also charged with money laundering in connection with a $385,572 wire transfer mortgage payment on an East Stroudsburg residence and a $158,699 certified check for the purchase of a property in Milford, both allegedly involving properly derived from Li’s unlawful distribution of controlled substances.
According to the Indictment, Li is subject to forfeiture to the United States government, of any and all proceeds derived from unlawful activity as a result of the offenses alleged in the indictment, including U.S. currency and properties located in both Pike and Monroe counties.
Currently, Li continues to maintain a Pennsylvania medical license. He surrendered his DEA registration at the time the search warrants were executed.
“The allegations against Li are serious. He allegedly distributed a controlled substance that resulted in the death of one of his patients, which is troubling as physicians have an ethical obligation to uphold standards of medical practice,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “In 2015, 3,383 people died across Pennsylvania from drug overdoses; 53% of those overdose deaths were the result of opioids such as oxycodone. The DEA will remain vigilant in pursuing investigations against physicians that violate their positions of trust in our communities.”
Akeia Conner, Internal Revenue Service, Special Agent in Charge, said “Today’s indictment was achieved through the tireless efforts of all the agencies involved. When a physician knowingly abandons his oath and distributes controlled substances for financial gain instead of legitimate medical purpose, the Internal Revenue Service, Criminal Investigation will provide the financial expertise in tracking and accounting for the proceeds of this unlawful activity.
The charges stem from a coordinated investigation initiated by Drug Diversion Agents located in Scranton, DEA, Scranton, and the Internal Revenue Service – Criminal Division, Scranton. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute for the unlawful distribution of controlled substances is life imprisonment. The money laundering charges carry a maximum term of 20 years’ imprisonment, per count. The maximum penalty for tax evasion is 5 years’ imprisonment, per count. Each charge also carries a fine and a term of supervised release following any period of incarceration. 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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Pike County Man Indicted for Striking Park Ranger with Automobile While FleeingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned an indictment on June 19, charging Damari Mykel Roulhac, of Pike County, with assaulting a National Park Service Ranger while fleeing apprehension.
According to United States Attorney Peter Smith, Damari Mykel Roulhac, age 25, was located in the Delaware Water Gap National Recreation Area when he struck a Ranger with his automobile while fleeing after being ordered to stop.
Roulhac previously was charged on July 5, 2016 with a Criminal Complaint alleging the same violations. Roulhac currently is serving a state sentence of imprisonment in Pike County for driving under the influence charges.
The investigation was conducted by the National Park Service Rangers. The case is being prosecuted by Assistant United States Attorney Phillip J. Caraballo.
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 most severe charge is a, eight-year 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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Former Manager of HD York Federal Credit Union Sentenced for Evading Federal Income Taxes on Embezzled FundsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sherry Garner, age 54, Red Lion, PA, the former CEO-Manager of the HD York Federal Credit Union in York, Pennsylvania was sentenced by United States District Court Judge John E. Jones, III in Harrisburg to 24 months in federal prison for evading federal income taxes on money she embezzled from the Credit Union.
According to United States Attorney Peter Smith, Garner previously pled guilty on February 19, 2016, to a Criminal Information charging her with bank larceny and tax evasion. Garner embezzled $252,106 from the HD York Credit Union between 2010 and 2013 and failed to report $70,983 in stolen income on her federal income tax return for 2011, thereby evading $19,069 in federal income taxes.
In a plea agreement filed with the Information, Garner also admitted the total tax loss to the IRS on her unreported $252,106 income ($58,034 in 2010, $70,983 in 2011, $64,308 in 2012, and $58,780 in 2013) was $62,704. Garner agreed to make restitution to both the York Federal Credit Union and the IRS as ordered by the Court.
Judge Jones ordered Garner to pay $252,106 in restitution to CUMIS Insurance Society, Inc. and $62,704 to the IRS. Garner is to surrender to the Bureau of Prisons on September 19, 2016.
The case was investigated by the Harrisburg Offices of the Internal Revenue Service and the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Kim Douglas Daniel.
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Chicago-Based Drug Courier Sentenced to Four Years in Federal Prison for Participating in Multi-State Heroin Trafficking ConspiracyRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 37-year-old Mexican national who resided in Chicago at the time of his arrest was sentenced on Tuesday to serve four years in prison by U.S. District Court Judge Robert D. Mariani in Scranton for his role in a drug conspiracy that was responsible for distributing large quantities of heroin during a four-year time period in Monroe, Carbon, Montgomery, and Berks Counties in Pennsylvania.
According to United States Attorney Peter Smith, the defendant, Gilberto Bautista-Ocampo, previously admitted to acting as a courier to transport heroin from Chicago to Pennsylvania during February 2014.
Bautista-Ocampo was indicted by a federal grand jury in March 2014, as a result of an investigation by the Drug Enforcement Administration (DEA), Homeland Security Investigations, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, Berks County Detectives and Montgomery County Detectives.
Judge Mariani also noted that the defendant faces possible deportation as a result of his criminal conduct.
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.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
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Franklin County Man Sentenced to 20 Years in Federal Prison for Production of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Martin Allen Mentzer, age 44, Franklin County, was sentenced to 20 years (240 months) in federal prison by United States District Court Judge Sylvia H. Rambo in Harrisburg for production of child pornography.
According to United States Attorney Peter Smith, a grand jury indicted Mentzer in August 2015 for producing, distributing and possessing child pornography. The production occurred in his home by using a 13 year old boy to engage in sexually explicit conduct for the purpose of producing the visual depictions of the activity. The conduct took place during a period beginning in October 2014.
Additionally, Judge Rambo ordered Mentzer to pay $1,000 restitution and be placed on 15 years supervised release following his imprisonment.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Daryl F. Bloom.
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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Philadelphia Man Sentenced to 25 Years for Heroin Trafficking and Firearms ViolationRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jose Juan Albertorio-Garcia, age 48, of Philadelphia, was sentenced to 25 years (300 months) by Senior U.S. District Court Judge Sylvia H. Rambo. This sentencing hearing followed Albertorio-Garcia’s conviction by a jury on November 4, 2015 for possession of a firearm in furtherance of drug trafficking and distributing heroin.
According to United States Attorney Peter Smith, the jury returned a verdict of guilty after hearing evidence that Albertorio-Garcia supplied other drug dealers with heroin for distribution in Harrisburg. The Pennsylvania State Police seized nearly 1,000 individual doses of heroin from Albertorio-Garcia’s operation in a seven day period, prior to arresting him and, following his arrest on March 18, 2014, seized additional quantities of heroin and a firearm from his home in Philadelphia.
This case was investigated by the Drug Enforcement Administration and the Pennsylvania State Police and was prosecuted by Assistant U.S. Attorney Meredith A. Taylor.
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.
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Hazleton Man Sentenced to 20 Months’ Imprisonment for Stealing Firearms from Sporting Goods StoreRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 13, Stefan Rease, age 20, of Hazleton, was sentenced by United States District Court Judge Malachy Mannion in Scranton to 20 months’ imprisonment.
In April 2016, Rease pleaded guilty to breaking in to a sporting goods store in Hazleton and stealing firearms.
This case was brought as part of the Violent Crime Reduction Partnership (“VRCP”), 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 VRCP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Hazleton Police Department. Prosecution is assigned to Assistant United States Attorney Evan Gotlob.
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Former Solicitor Pleads Guilty to Theft of $105,000 Township Escrow FundRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the former Solicitor for Hazle Township, Luzerne County, pleaded guilty today to the theft of approximately $105,586 from the township.
According to United States Attorney Peter Smith, Charles Pedri, age 64, of Hazleton, entered a guilty plea before United States Magistrate Judge Karoline Mehlachick in Scranton to a Criminal Information which charged Pedri with theft from a program receiving federal funds. Pedri was the Solicitor for Hazle Township at the time of the theft.
As set forth in the Criminal Information, Hazle Township required a company which was developing a project in the Humboldt Industrial Park in the township to complete certain specific improvements to the property, pursuant to land development ordinances. As security for the completion of the improvements, the company and Hazle Township entered into an escrow agreement.
Pedri, in his capacity as Hazle Township Solicitor, signed the agreement as escrow agent. The company then paid to Hazle Township the sum of $105,586 to be held in escrow as security for the completion of the improvements. Pedri, as escrow agent, deposited the funds into his law office account. Thereafter, Pedri began withdrawing the funds held in trust and converted the funds to his own personal use. The investigation revealed that, between December 2012 and November 2013, Pedri wrote checks payable to himself, which were drawn on the Township funds. By November 2013, the funds were gone.
Upon completion of the improvements in May 2014, the company requested that Hazle Township return the escrowed funds. Over a period of approximately eight months, Pedri made misrepresentations to representatives of the company regarding the status of the funds and failed to make payment. In January 2015, after the company informed Pedri it intended to file a law suit, Pedri admitted that he had converted the funds to his own use.
The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
Pedri will appear for sentencing before Senior United States District Court Judge Richard P. Conaboy at a date to be scheduled.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty which can be imposed under federal law is ten years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former CEO of Scranton Area Federal Credit Union Pleads Guilty to Bank FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sean E. Jelen, age 33, the former Chief Executive Officer (“CEO”) of Scranton-based Valor Federal Credit Union (“Valor”), formerly known as Tobyhanna Federal Credit Union, pleaded guilty before United States Magistrate Judge Karoline Mehalchick in Scranton, to bank fraud and attempted bank fraud.
According to United States Attorney Peter Smith, Jelen committed and attempted to commit a series of fraudulent activities from July 2014 to August 2015. During the majority of that time, Jelen served as the CEO of Valor. Valor is a federal credit union, its assets are insured by the National Credit Union Administration which also supervises and regulates it. Valor terminated Jelen’s employment in August 2015.
The fraudulent activities involved forged and altered documents created by Jelen.
Jelen admitted to executing the scheme to defraud Valor of approximately $718,000, some of which went to pay for his personal credit card, his graduate tuition, his spouse’s birthday party, and a golf tournament sponsorship.
Jelen also admitted to rigging elections held for the Valor Board of Directors, whereby he elected and impersonated fictitious members of the Board and its Supervising Committee.
Jelen further admitted that he attempted to obtain an additional approximate $1,146,000 through fraudulent means, and by creating a forged severance contract that would be triggered by his termination.
Valor is a federal credit union, its assets are insured by the National Credit Union Administration (NCUA) which also supervises and regulates it.
The Information seeks forfeiture of property obtained as a result of the fraud, including a residence located in New York. Jelen’s guilty plea was entered pursuant to a The government also filed a plea agreement that was filed by the government in conjunction with the charges in a criminal information on June 15, 2016.with Jelen to the alleged charges, which is subject to approval of the court. Valor terminated Jelen’s employment in August.
Judge Mehalchick allowed Jelen to remain on pre-trial release, subject to travel restrictions and the surrender of his passport. When scheduled, Jelen will be sentenced by United States District Court Judge Richard P. Conaboy.
The investigation was conducted by the Federal Bureau of Investigation (FBI). The case is being prosecuted by Assistant United States Attorneys John Gurganus, Evan Gotlob and Phil Caraballo. Valor’s current management is cooperating with the FBI and the U.S. Attorney’s Office.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the charges is 60 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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Federal Inmate at USP Canaan Sentenced to 70 MonthsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 13, Shannon Higgins, age 37, a federal inmate was sentenced by United States District Judge Malachy Mannion in Scranton to 70 months of imprisonment for possession with the intent to distribute heroin, and for attempting to provide heroin to other inmates.
Higgins previously pleaded guilty to a crimnal information charging him with smuggling approximately 17 grams of heroin, equivalent of approximately 680 doses, into the United States Penitentiary Canaan (USP-Canaan). At the time of the offense on August 7, 2015, Higgins was serving a ten-year term of imprisonment, for a prior armed assault offense. Judge Mannion ordered that the 70-month sentence be served consecutive to Higgins’s current term of imprisonment.
This case was brought as part of a district wide initiative to combat the nationwide epidemic of 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.
The investigation was conducted by the Federal Bureau of Investigation and by officers from USP Canaan. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.
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Carlisle Man Pleads Guilty to Bank Robberies and Firearms ViolationsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jeffrey Turns, 32, of Carlisle, Pennsylvania pleaded guilty before the Honorable John E. Jones, III to committing two bank robberies and federal firearms violations.
According to United States Attorney Peter Smith, Turns robbed two banks in August 2015, one in Mechanicsburg, PA and one in Dillsburg, PA, using a firearm. Turns was apprehended just after the second bank robbery through a cooperative effort by Upper Allen Township Police Department, Camp Hill Police Department, Lower Allen Township Police Department, and the Pennsylvania State Police. When taken into custody, Turns was fleeing in a stolen car with one firearm in his waistband, and nine additional stolen firearms in the back of the car.
This case was investigated by the Federal Bureau of Investigation, the Mechanicsburg Police Department and the Carroll Township Police Department. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Man Sentenced to 5 Years in Prison for Federal Heroin Trafficking OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Scranton man was sentenced today in Wilkes-Barre by Senior United States District Court Judge A. Richard Caputo to serve 5 years in prison for heroin trafficking.
According to United States Attorney Peter Smith, Camilo Andujar, aka “Melo,” age 24, previously pleaded guilty to the charge of conspiracy to distribute heroin. Andujar was indicted by a grand jury in October 2015.
The charges stem from an investigation in which police made a purchase of heroin from Andujar and then obtained a search warrant for a residence, located on Electric Street in Scranton, where Andujar was residing. From the residence, police seized approximately 91 grams of heroin, which is equivalent to more than 3,100 individual retail bags of heroin. Police also seized a coffee bean grinder filled with heroin, $5,950 in cash, heroin packaging materials and drug paraphernalia.
The investigation was conducted by the Scranton Police Department, Special Investigations Division, Lackawanna County District Attorney’s Office and the Drug Enforcement Administration (DEA).
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
Judge Caputo also ordered that Andujar be supervised by a probation officer for a period of four years following his release from prison.
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.
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Former Pike County Man Pleads Guilty to False Bankruptcy DeclarationsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Pike County resident has pleaded guilty to making false declarations and false oaths in bankruptcy proceedings.
According to United States Attorney Peter Smith, Daniel Wise, age 55, formerly of Tafton, Pennsylvania, currently residing in New York, NY, was indicted by a federal grand jury in October 2015 for concealing bankruptcy assets, false bankruptcy declarations, and false bankruptcy oaths.
Wise filed three bankruptcy petitions in the Middle District of Pennsylvania between August 14 and November 21, 2012. The October 14, 2015 Indictment alleged that Wise intentionally failed to reveal his ownership of a $2.4 million promissory note and that he was actively engaged in litigation over the note in New York, on disclosures that he was required to make in his bankruptcy petitions.
In a proceeding before U.S. District Court Judge James M. Munley in Scranton, Wise pleaded guilty today to making false bankruptcy declarations in connection with the bankruptcy petition Wise filed on November 21, 2012, and making false sworn declarations during a January 14, 2013, creditors’ meeting, pursuant to a plea agreement with the government.
At the time of Wise’s first bankruptcy filing, foreclosure proceedings had been initiated against Wise’s Tafton residence in the Pike County Court of Common Pleas. Wise’s bankruptcy filings resulted in automatic stays of all debt collection proceedings, including the mortgage foreclosure action. Wise’s bankruptcy petitions were eventually dismissed on March 13, 2013.
Wise could be sentenced to 5 years imprisonment and a $100,000 fine on each count. No date has been set for sentencing pending preparation of a pre-sentence report
The case was investigated by the Scranton Office of the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.
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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A Dominican National Indicted for Illegally Re-Entering the U.S.Read the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Miguel Antonio Rivera-Lopez for illegally re-entering the United States after having been previously deported.
According to U.S. Attorney Peter Smith, Rivera-Lopez, a 56 year old Dominican national, was arrested by officers of U.S. Immigration and Customs Enforcement on June 12, 2016 as a result of a traffic stop in York, Pennsylvania. Rivera-Lopez had previously been deported after an Immigration Judge in New York ordered his removal pursuant to a conviction for felony drug trafficking of heroin.
The matter was investigated by the U.S. Department of Homeland Security/ Immigration and Customs Enforcement and Removal Operations and the case is being prosecuted by Assistant U.S. Attorney Meredith A. Taylor.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for this offense under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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York Man Indicted for Federal Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney=s Office for the Middle District of Pennsylvania announced today that Quan Leroy Gross, 44, of York, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg, Pennsylvania. The indictment charged Gross with possession of a firearm by a convicted felon, possession of a firearm in furtherance of drug trafficking, and possession with intent to distribute a controlled substance, that being crack cocaine.
According to United States Attorney Peter Smith, the charges against Gross are a result of allegations that he was engaged in drug trafficking activities in York, Pennsylvania in June 2015. In addition, Gross is charged with possessing a firearm in furtherance of drug trafficking at the time of his arrest.
Gross was detained today following his detention hearing before United States Magistrate Chief Judge Martin C. Carlson. A trial date has been scheduled for September 12, 2016 before United States District Court Judge William W. Caldwell.
Gross faces a mandatory minimum of 15 years imprisonment and a statutory maximum of life imprisonment.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Police Bureau. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
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.
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 lifetime 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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Orangeville, Pennsylvania Man Charged with Distribution of Child PornographyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that child pornography distribution charges were filed in U.S. District Court in Scranton against Cedrick Vaughn Perkins, age 20, of Orangeville, Pennsylvania.
According to U.S. Attorney Peter Smith, Perkins is charged in a Criminal Information with distributing child pornography over the internet between January and June 2015.
Along with the Information, a plea agreement was filed in which Perkins agrees to plead guilty to the child pornography distribution charge. The plea agreement is subject to the approval of the court.
The case was investigation by Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Todd K. Hinkley.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Cumberland County Attorney Pleaded Guilty to Income Tax EvasionRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Karl E. Rominger, age 43, a former attorney in Carlisle, plead guilty today before United States District Court Judge Sylvia H. Rambo in Harrisburg to tax evasion and failure to file a federal tax return. Rominger was previously charged in June 2016.
According to United States Attorney Peter Smith, in 2012, Rominger attempted to evade federal income taxes due and owing for the calendar years 2006, 2007, 2008, 2009 and 2010, all years in which Rominger received taxable income. Rominger made false statements to agents of the Internal Revenue Service (IRS) concerning the location of his business operating accounts, with the intent to evade and defeat the actions of the IRS. Rominger also failed to file a federal income tax return for the calendar year 2012.
Pursuant to a plea agreement, Rominger agreed to pay restitution in the amount of $116,822.
The charges stem from an investigation by the Internal Revenue Service. The case is being prosecuted by Assistant United States Attorney Joseph J. Terz.
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 six years of imprisonment, a term of supervised release following imprisonment, and a $125,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Pleaded Guilty to Federal Firearm Charge After Shooting at Officers During A Foot PursuitRead the Press Release
HARRISBURG – The United States Attorney's Office for the Middle District of Pennsylvania announced today that Reginald Barton, age 30, Harrisburg, Pennsylvania pleaded guilty yesterday before Chief U.S. District Court Judge Christopher C. Conner to a federal firearm charge.
According to United States Attorney Peter Smith, Barton pleaded guilty to possession of a firearm by a convicted felon as a result of a traffic stop in Harrisburg where Barton fled on foot from the police, fired one shot and then tossed the gun. Officers from the Harrisburg Bureau of Police recovered the firearm and determined that Barton possessed it after having previously been convicted of several felony offenses.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Bureau of Police. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
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.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Federal Prison Inmate Charged with Assaults on Other InmatesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Grand Jury in Harrisburg has indicted Tomas Gausin-Ceniseros, who is currently confined at the U.S. Penitentiary, Lewisburg, Pennsylvania, of assault resulting in serious bodily injury.
According to United States Attorney Peter Smith, Gausin-Ceniseros, age 39, is charged with alleged assault resulting in serious bodily harm. Gausin-Ceniseros allegedly committed the assaults against other inmates in separate incidents at USP Lewisburg in April 2013 and January 2014.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney George J. Rocktashel has been assigned to prosecute the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statutes is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine of $250,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
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Gettysburg Man Charged with Production of Child PornographyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Gettysburg man has been charged with production of child pornography involving children under 12 who were in his custody.
According to United States Attorney Peter Smith, Steven L. Berwager, age 73, Gettysburg, Pennsylvania was charged in a Criminal Information with producing videos of minor children in his custody engaging with Berwager in sexually explicit conduct.
Berwager was arrested on March 23, 2016 after a search of his home by state and federal law enforcement officers led to the recovery of thousands of images of child pornography stored on electronic devices. Berwager has been in custody ever since his arrest. He was recently charged by state authorities in Adams County with sexual assault charges involving the same minor victims.
The government also filed a plea agreement in the case which is subject to the approval of the Court.
The case was investigated by the United States Department of Homeland Security Investigations, the United States Postal Inspection Service, the Pennsylvania State Police and the Adams County District Attorney’s office. Prosecution is assigned to Assistant United States Attorney William A. Behe.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is a mandatory 15 years term of imprisonment up to 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under federal law, 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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Northeast Pennsylvania Check Casher Sentenced to Two Years in Prison for Stolen Identity Refund Fraud SchemeRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Cabreja, age 30, Scranton, was sentenced today to two years in prison by United States District Court Judge Malachy E. Mannion in Scranton for conspiracy to make false claims against the government.
According to United States Attorney Peter Smith, Cabreja operated Frank Check Casher, Inc. in Olyphant, Cabreja and his co-conspirators used the identities of unknowing third parties to prepare and file fraudulent federal income tax returns which resulted in the issuance of tax refund checks. Cabreja deposited and cashed fraudulently obtained tax refund checks totaling $876,731 between June and August 2013.
Judge Mannion also ordered Cabreja to pay restitution in the amount of $662,309.
Cabreja was indicted by a federal grand jury in Scranton in February 2016, as a result of an investigation by the Internal Revenue Service, Criminal Investigations, with assistance from the Pennsylvania State Police, the Hazelton, Taylor, Dickson City, Dunmore and Olyphant Police Departments, and the Lackawanna and Luzerne County District Attorneys’ Offices. The case was prosecuted by Assistant United States Attorney William Houser.
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Harrisburg Man Convicted of Distributing Crack Cocaine and Possessing A Firearm in Furtherance of His Drug Trafficking ActivitiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 29, 2016, a jury convicted Laquan Kellam, age 33, Harrisburg, of three counts of distributing crack cocaine, one count of possessing with the intent to distribute over 280 grams of crack cocaine and one count of possessing a firearm in furtherance of his drug trafficking activities. The two-day trial was held before U.S. District Court Judge Sylvia H. Rambo.
According to United States Attorney Peter Smith, the jury returned with the verdict of guilty after approximately seven hours of deliberation. The jury found that Kellam distributed crack cocaine on June 20, 25 and 27, 2014, and that he possessed with the intent to distribute over 280 grams of crack cocaine. The jury also found Kellam guilty of possessing a firearm found at a Harrisburg residence in furtherance of his narcotics trafficking activities.
Judge Rambo remanded Kellam into custody following the verdict.
The case was prosecuted by Assistant United States Attorneys Eric Pfisterer, Phillip J. Caraballo and Meredith A Taylor.
The charges stem from an investigation by the Harrisburg City Police Department and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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 combined charges is life imprisonment with a 15 year mandatory minimum and a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two New York Residents Indicted on Charges Related to Theft of Firearms from Pennsylvania Gun StoresRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ben McCormack, age 31, Jamestown, New York and Jason William Thorne, age 36, also from New York, were indicted by a federal grand jury in Scranton in connection with a series of break-ins at federally-licensed gun stores in North Central Pennsylvania within the past month.
According to U.S. Attorney Peter Smith, McCormack and Thorne are charged with conspiracy to steal and unlawfully possess firearms from the inventories of licensed gun stores. On or about May 29, 2016, McCormack and an unindicted co-conspirator allegedly broke into Arrowhead Outdoors, a gun store in Tionesta, Pennsylvania and stole approximately 28 firearms. On or about June 17, 2016, McCormack and Thorne allegedly stole approximately 36 firearms from GNR Sporting Goods in Mansfield. On or about June 20, 2016, McCormack and an unindicted co-conspirator allegedly broke into and stole approximately 29 firearms from Fulmer’s Sporting Goods in Wysox Township.
In separate counts of the indictment McCormack and Thorne are charged individually with possession of stolen firearms and possession of firearms by a convicted felon.
Agents from Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) took McCormack into custody in New York on June 21, 2016. After an initial hearing before a U.S. Magistrate Judge in Buffalo, New York, McCormack was ordered to be transported to the Middle District of Pennsylvania for further proceedings. A criminal complaint was issued on June 21, 2016 by U.S. Magistrate Judge Joseph F. Saporito, Jr. in the Middle District of Pennsylvania charging that McCormack with alleged possession of stolen firearms and for illegal possession of firearms by a convicted felon. Thorne is presently in custody in New York on state charges.
The investigation by ATF is continuing in cooperation with the United States Attorney’s Offices in the Western District of New York and the Western District of Pennsylvania. At the present time, approximately 55 of the stolen firearms have been recovered by investigators.
“Gun thieves are a principal source of weapons that make their way into the hands of criminals. Stolen guns are quickly dispensed through underground transactions and the cycle of violence is initiated,” said ATF Special Agent in Charge Sam Rabadi. “I commend the diligent work of the investigators from ATF, the Pennsylvania State Police, and the Jamestown Police Department in New York, in this ongoing, wide-ranging and multi-jurisdictional investigation. Their outstanding investigative efforts led to the recovery of at least 55 of the stolen firearms that were destined for our communities and led to the swift identifications and arrests of those involved in these gun store burglaries.”
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, and the Jamestown, New York Police Department. The case is being prosecuted by Assistant U.S. Attorneys George Rocktashel and John Gurganus.
Anyone having information regarding the gun store burglaries should call the ATF 24/7 hotline at 1-888-ATF-TIPS (1-888-283-8477) or email: [email protected]
Indictments and Criminal Complaints 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.
McCormack faces a maximum penalty of 55 years of imprisonment, and Thorne faces a maximum penalty of 35 years of imprisonment. Both also face a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Federal Inmates Indicted on Homemade Weapons ChargesRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a federal grand jury in Scranton today indicted two inmates at the Schuylkill Federal Correctional Institution for illegal possession of homemade weapons in two separate cases.
According to United States Attorney Peter Smith, inmate Michael Thompson, age 30, was charged with possession of a homemade sharpened weapon known as a “shank” in January of 2016. Inmate James Bailey-Snyder, age 23, was charged for a similar offense which occurred in August 2015.
If convicted, the maximum sentence for both defendants is a sentence of up to five years and a fine in the amount of $250,000.
The investigations were conducted by the FBI. The cases are assigned to Assistant United States Attorney Todd K. Hinkley.
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 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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Federal Inmate Charged with Resisting and Assaulting Corrections OfficersRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that that a federal grand jury in Scranton has indicted Jamel Rosa, age 27, a federal inmate at the United States Penitentiary Schuylkill (“USP Schuylkill”), in Minersville with resisting and assaulting corrections officers during an incident on July 1, 2015.
The investigation was conducted by the Federal Bureau of Investigation and officers from USP Schuylkill. The case is being prosecuted by Assistant United States Attorney Evan Gotlob.
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 25 years of imprisonment for Rosa, 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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Chicago Resident Sentenced to 10 Years in Prison for Participating in Multi-State Heroin Trafficking ConspiracyRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 40-year-old Mexican national who resided in Chicago at the time of his arrest, was sentenced today to serve 10 years in prison by U.S. District Court Judge Robert D. Mariani in Scranton, for his role in a drug conspiracy that was responsible for distributing large quantities of heroin during a four-year time period in Monroe, Carbon, Montgomery, and Berks Counties in Pennsylvania.
According to United States Attorney Peter Smith, the defendant, Romualdo Hermosillo-Avendano, also known as “Flaco,” previously admitted to distributing more than one kilogram of heroin via courier from Chicago to Pennsylvania during December 2013-January 2014. A kilogram of heroin is equivalent to more than 33,000 retail bags of heroin.
Hermosillo-Avendano was indicted by a federal grand jury in March 2014, as a result of an investigation by the Drug Enforcement Administration (DEA), Homeland Security Investigations, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, Berks County Detectives and Montgomery County Detectives.
Judge Mariani also ordered the defendant to serve five years on supervised release following his prison sentence. The defendant also faces possible deportation.
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.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
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Harrisburg Woman Pleads Guilty to Filing A False and Fraudulent Personal Income Tax ReturnRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Aida Crespo, age 44, pleaded guilty yesterday to one count of an Indictment that charged her with submitting a false and fraudulent tax return to the Internal Revenue Service. Crespo was previously indicted by a federal grand jury on October 7, 2015.
According to United States Attorney Peter Smith, between the years 2007 and 2011, Crespo made numerous false representations in the preparation of income tax returns for herself and for others in order to maximize refund amounts. The fraudulent preparation included misrepresenting Schedule C income, listing fictitious dependents and manipulating filing status. As a result, the United States Treasury issued refunds to citizens which exceeded the amount that they were entitled to receive.
The investigation was conducted by the Internal Revenue Service Criminal Investigation Division. The case is being prosecuted by Assistant United States Attorney Chelsea Schinnour.
Indictments and 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 submitting a false claim to the United States is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Five Persons Sentenced on Tax Refund Fraud ChargesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that five persons who previously pleaded guilty in related cases to filing false claims for federal tax refunds were sentenced this week, in federal court in Scranton, by United States District Judge Robert Mariani.
According to United States Attorney Peter Smith, the following persons were sentenced as indicated:
Russell F. Trauger, age 67, Factoryville, pleaded guilty in December 2012 to making a false claim against the government. Trauger was sentenced by Judge Mariani on June 20, 2016 to serve 24 months in prison and to make restitution to the government in the amount of $233,686.55.
Donald K. Murley, age 64, Cresco, pleaded guilty in December 2012 to making a false claim against the government. Murley was sentenced by Judge Mariani on June 21, 2016 to serve 21 months in prison and to make restitution to the government in the amount of $243,462.62.
Harold C. Trauger, Jr., age 70, Factoryville, pleaded guilty in December 2012 to making a false claim against the government. Murley was sentenced by Judge Mariani on June 21, 2016 to 2 years’ probation conditioned upon 6 months’ of home confinement and electronic monitoring. Harold Trauger was also ordered to pay a fine of $7,500.
Bryan Cavage, age 36, Florida, pleaded guilty in August 2013 to making a false claim against the government. Murley was sentenced by Judge Mariani on June 23, 2016 to serve 5 months in prison and to make restitution to the government in the amount of $37,152.38.
Laura Laporta, age 49, Cresco, pleaded guilty in December 2012 to making a false claim against the government. Laporta was sentenced by Judge Mariani on June 23, 2016 to serve 4 months in prison and to make restitution to the government in the amount of $32,564.
The individuals sentenced this week were charged after an investigation conducted by the Internal Revenue Service, Criminal Investigation that revealed that the charged individuals were involved in a scheme to defraud the government through the filing of false Forms 1099-OID in support tax returns that fraudulently claimed refunds. Similar abusive tax fraud schemes have been investigated and prosecuted nationwide.
The cases were prosecuted by former Assistant U.S. Attorney Wayne Samuelson and Assistant U.S. Attorney William Houser.
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Tennessee Couple Indicted for $86,511 Veterans’ Unemployment Compensation Benefit FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Tennessee couple have been indicted for fraudulently obtaining $86,511 in veterans’ unemployment compensation benefits.
According to United States Attorney Peter Smith, Earl Lafayete Hall, III, age 35, and his wife, Renita Blunt, age 31, both of Arlington, Tennessee, are charged in a Superseding Indictment with mail fraud, money laundering, aggravated identity theft, and conspiracy to commit mail fraud.
According to the Superseding Indictment, with Blunt’s assistance, Hall allegedly applied for veteran’s unemployment compensation benefits under the false name and identity of 8 individuals. The bogus applications were submitted via the internet to the Pennsylvania Department of Labor & Industry in Harrisburg and the Hawaii Department of Labor & Industrial Relations in Honolulu between January 2013 and July 2014.
Hall and Blunt allegedly received the benefits under the Unemployment Compensation for Ex-Service Members Program, commonly known as “The UCX Program,” a federally-funded U.S. Department of Labor program administered by the individual states. Under this federal-state partnership, the states pay out unemployment insurance benefits to the veterans based on the claimed residence of the veteran, and are subsequently reimbursed by branches of the military. Benefits are based upon the military wages and pay grade of the serviceman at the time of his or her separation from military service. There is no payroll deduction for UCX unemployment insurance protection.
The Indictment alleges that Hall and Blunt caused 12 Pennsylvania benefit checks to be mailed to two addresses in western Pennsylvania (Sarver and New Kensington, Pa) and to another address in Joliet, Illinois. The Indictment also alleges that $43,224 of the fraudulently obtained benefits was deposited into a bank account Hall controlled in Illinois, and that $4,900 in cash was subsequently removed from the account via multiple ATM transactions. The cash withdrawals form the basis of the money laundering counts in the Indictment.
Hall was previously indicted by a Middle District of PA grand jury on March 2, 2016 on charges involving the same scheme. Following his arrest in Tennessee on March 7, 2016, and following an appearance in Harrisburg before US Magistrate Court Judge Martin C. Carlson on March 15, 2016, Hall was released to home detention. Today’s Superseding Indictment adds Blunt as a codefendant and eight new charges (six counts of Aggravated Identity Theft and one count of Conspiracy to commit Mail Fraud). No hearing date has yet been set for either Hall or Blunt on the charges.
The investigation is being conducted by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering & Fraud Investigations, U.S. Defense Criminal Investigative Service, U.S. Postal Inspection Service with assistance from Pennsylvania Department of Labor and Industry, Internal Audits Division, Pennsylvania Department of Labor and Industry, Office of Unemployment Compensation Benefits and Policy, and the Pennsylvania Department of the Treasury, Office of Unemployment Compensation Disbursements. The case is being prosecuted by Assistant U.S. Attorney Kim Douglas Daniel.
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 each count 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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South Williamsport Woman Charged with Embezzling Money from Post OfficeRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of a Criminal Information yesterday charging Lori Regel-Childs with misappropriation of funds from the U.S. Post Office in South Williamsport, Pennsylvania.
According U.S. Attorney Peter Smith, Regel-Childs, age 52, allegedly took approximately $11,611 from the South Williamsport Post Office while working there as the lead sales and service associate from October 2014 through December 2015. Regel-Childs allegedly took the proceeds of cash postage stamp sales, funds from her cash drawer, and money from the unit cash reserve at the Post Office. She also removed cash from her assigned cash drawer and the cash reserve to pay her personal bills and expenses. Regel-Childs is a resident of South Williamsport.
Under the terms of a plea agreement filed with the criminal information, Regel-Childs has agreed to enter a guilty plea and pay restitution. The plea agreement is subject to the approval of the court.
This matter was investigated by the Office of Inspector General, United States Postal Service. Assistant U.S. Attorney George J. Rocktashel has been assigned to the prosecution of this matter.
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 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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Shippensburg Man Sentenced to Federal Prison on Heroin Trafficking ChargesRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Santana, age 35, of Shippensburg man was sentenced today to 14 years imprisonment by U.S. District Court Judge Sylvia H. Rambo in Harrisburg.
According to United States Attorney Peter Smith, Santana pleaded guilty on January 13, 2016 to distributing more than 100 grams of heroin and criminal conspiracy. Co-defendants Angelo Harrison and Dorothy Washington, also of Shippensburg, have also pled guilty in federal court before Judge Rambo and are both awaiting sentencing.
The investigation was conducted by the Drug Enforcement Administration Offices in Harrisburg and Hagerstown, Maryland, the Pennsylvania State Police, and the Cumberland and Franklin County Drug Task Forces. The case was prosecuted by Assistant United States Attorney William A. Behe.
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.
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 Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs.
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North Carolina Man Charged with Possession with Intent to Distribute HeroinRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg has returned an indictment charging Alshaqah Tariq Powell, age 43, with possession with intent to distribute heroin.
According to the United States Attorney Peter Smith, Powell, a resident of North Carolina, was traveling to Dauphin County on Interstate 81 when he was involved in a traffic stop leading to his arrest and discovery of the alleged heroin on November 3, 2015.
This matter was investigated by the Pennsylvania State Police and the Drug Enforcement Agency. Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments 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 forty years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Indicted for Possession of Crack and Possession of A Firearm in Furtherance of Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Jwane Johnson for possession with intent to distribute crack, possession of a handgun by a convicted felon, and possession of a firearm in furtherance of drug trafficking.
According to U.S. Attorney Peter Smith, Johnson, a 28 year old resident of Harrisburg, allegedly attempted to distribute crack near the Allison Hill section of Harrisburg on December 8, 2015. When the sale was interrupted by Harrisburg Police, he allegedly fled leaving behind a handgun. Johnson was arrested on January 2, 2016 by Harrisburg Police.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the Harrisburg Police Department. The case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
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.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for this offense is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Indicted Federally for Unlawful Firearm Possession ChargeRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man was indicted by a federal grand jury in Harrisburg for being a convicted felon in possession of a firearm.
According to United States Attorney Peter Smith, Hassan Ward, age 32, allegedly possessed a loaded 9 mm handgun after having been convicted of at least three previous violent felonies or serious drug offenses. Ward was initially arrested by Harrisburg Police on April 1, 2016.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Bureau of Police and is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a districtwide 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.
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 life imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. This offense carries a mandatory term 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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Harrisburg Man Charged with Unlawful Possession of A FirearmRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Acosta, age 21, a resident of Harrisburg, was indicted by a grand jury in Harrisburg and charged with possession of a firearm by a convicted felon.
According to U.S. Attorney Peter Smith, on December 27, 2015, Harrisburg police officers allegedly observed Acosta walking in the 1500 block of Vernon Street at approximately 8:30 p.m., brandishing a firearm. Acosta threw the gun away and fled. He was apprehended and the firearm was recovered.
This investigation is being conducted by the Federal Bureau of Investigation and the Harrisburg Bureau of Police and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
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 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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Physician’s Office Manager and Husband Sentenced to Imprisonment for Fraudulent Diversion of OxydodoneRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the former office manager to a York physician and her husband were sentenced in U.S. District Court in Harrisburg for conspiring to obtain and distribute up to 20,000 units of oxycodone through fraud and forgery.
According to United States Attorney Peter Smith, Amy Schneider, 31, was sentenced to serve 30 months in federal prison incarceration. District Court Judge Sylvia H. Rambo also sentenced Joseph Schneider, 31, to 46 months’ imprisonment. Both defendants also were sentenced to three-year terms of supervised release following their incarceration, and payment of $800 fines.
In addition to conspiracy and distribution of oxycodone, Amy Schneider pleaded guilty in January 2016 to illegally using a Drug Enforcement registration to obtain a controlled substance. Joseph Schneider pleaded guilty to acquiring a prescription by fraud or forgery as well as conspiracy and distribution of oxycodone. The two were held responsible for between 10,000 and 20,000 tablets of oxycodone.
Amy Schneider was the officer manager for a York physician. She was permitted to use pre-signed prescription forms each week. The forms, intended to be used to write prescriptions for refills for patients, were fraudulently used to obtain oxycodone for the couple. Amy Schneider wrote prescriptions for Joseph Schneider. He took the prescriptions to pharmacies to be filled. Most of the oxycodone was consumed by the couple; some of the tablets were distributed to others.
The conspiracy began in approximately January 2014 and continued until at least May 2015.
The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Christy H. Fawcett.
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Monroe County Tobacco Store Owner Pleads Guilty to Wire Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that that Rehan A. Merchant, age 39, pleaded guilty to an Information that charged him with conspiring to commit wire fraud, and with aggravated identity theft. Merchant previously was indicted by a federal grand jury on November 10, 2015, and has remained in federal custody since his arrest.
According to United States Attorney Peter Smith, Merchant was the owner and operator of the Cigar and Tobacco Outlet in Tannersville, Pennsylvania. The superseding information charges Merchant with conspiring with unindicted co-conspirators, from in or about September 2014 through September 2015, to use and attempt to use counterfeit and stolen credit and debit cards to make fraudulent purchases at the Cigar and Tobacco Outlet. Merchant and his co-conspirators also allegedly forged the names of cardholders on the associated credit and debit card receipts.
The investigation was conducted by special agents with Homeland Security Investigations and detectives from the Monroe County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Phillip J. Caraballo.
Indictments and informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the wire fraud charge is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The aggravated identity theft charge carries a mandatory two-year term of imprisonment, to run consecutive to any other term of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Baltimore Man Sentenced to 21 Years for Heroin Trafficking Resulting in Central Pennsylvania Man’s DeathRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eugene Stallings, Jr., age 28, of Baltimore was sentenced today to 252 months (21 years) imprisonment by Chief U.S. District Court Judge Christopher C. Conner in Harrisburg. This sentence follows Stallings’ February 5, 2016 conviction for heroin trafficking that resulted in the death of 21 year old Kyle Golter that occurred in February 2014.
According to United States Attorney Peter Smith, on February 5, 2016, a Harrisburg jury returned a guilty verdict to all five counts on the Superseding Indictment relating to Stallings after less than 2 hours of deliberation. Eugene Stallings, Jr., aka Bruno, sold heroin to Ashley Gries, Danny Forrester, Gabriel Stouffer, and Michael DeCarlo between October 2013 and April 2014. Gries, Forrester and Stouffer traveled from the Shippensburg, PA area to purchase heroin from Stallings in Baltimore, and then engaged in heroin trafficking in Franklin and Cumberland Counties. Heroin obtained from Stallings by the co-defendants led to the death of Golter in Shippensburg on February 7, 2014.
A federal conviction for drug trafficking that results in death carries an enhanced penalty requiring a mandatory minimum 20 years’ imprisonment. Gries, Forrester, Stouffer and DeCarlo have pleaded guilty for their roles in the drug trafficking organization.
This case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, the Shippensburg Police Department, and the Cumberland County Drug Task Force. The case is being prosecuted by Assistant United States Attorneys Meredith A. Taylor and Scott Ford.
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.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man indicted by a grand jury in Harrisburg in April 2016 on drug trafficking and firearm charges pled guilty on June 16, 2016 before United States District Court Judge William W. Caldwell.
According to United States Attorney Peter Smith, Andre Hairston, age 34, of Harrisburg, pled guilty to a charge of being a convicted felon illegally in possession of four firearms which were also stolen. The charges in the indictment arose out of the arrest of Hairston on July 16, 2015 in Harrisburg when he sold a stolen handgun to a cooperating individual. Another stolen handgun was recovered from Hairston’s car. Further investigation led to the October 23, 2015 search of an apartment in Lower Paxton Township that resulted in the recovery of two other stolen handguns and synthetic marijuana that was packaged for distribution.
The investigation was conducted by the Federal Bureau of Investigations Violent Crimes Task Force, the Harrisburg Police Department, the Pennsylvania State Police, the Lower Paxton Township Police, and the Dauphin County Probation and Parole Office. The case is being prosecuted by Assistant United States Attorney William A. Behe.
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.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. The penalty under federal law for this offense is a mandatory minimum term of imprisonment of 15 years up to a maximum of life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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