Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Previously Convicted Felon Charged with Firearm and Drug OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an Edwardsville man was indicted yesterday by a federal grand jury in Scranton on firearm and drug possession offenses.
According to United States Attorney Peter Smith, the indictment charges Willie Garcia, age 47, with being a felon in possession of a firearm, using that firearm in furtherance of drug trafficking activities and possession with intent to distribute marijuana.
The charges stem from a joint investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Edwardsville Police Department. The charge arose out of a police response to a 911 call concerning a shooting and resulted in the alleged recovery of marijuana and a loaded firearm from Garcia’s home.
Prosecution is assigned to Assistant United States Attorney Evan Gotlob.
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
Garcia faces a minimum of 5 years and up to a lifetime term of incarceration as well as fines totaling $1,500,000.
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.
Under 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. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Exeter Man Sentenced to 132 Months Imprisonment for Distributing Crack Cocaine at CasinoRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Judge Malachy Mannion sentenced Sekou Lashley, age 36, to 132 months’ imprisonment for distributing cocaine base (crack) at the Mohegan Sun Casino in Plains Township, Pennsylvania, on March 19, 2015. Judge Mannion found that Lashley qualified as a career offender, subject to enhanced penalties, after consideration of his extensive criminal history.
Lashley previously pleaded guilty to an indictment that charged him with the sale of four bags of crack cocaine to a confidential informant at the casino bar. Judge Mannion imposed a 120-month sentence for that offense. At the time, Lashley was serving a term of federal supervised release associated with a 2008 conviction, also in the Middle District of Pennsylvania, for conspiring to distribute and possess with intent to distribute more than a kilogram of heroin. Judge Mannion imposed a 12-month sentence for violating the terms of his supervised release, to run consecutive to the 120-month sentence. Lashley also was sentenced to a three-year term of supervised release, to commence at the conclusion of his term of imprisonment.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.
# # #
York Man Sentenced in Prosecution of Latin KingsRead the Press Release
HARRISBURG- On May 5, 2016, a federal judge sentenced a York man to federal prison for his involvement in the importation and distribution of cocaine and heroin in York County.
According to United States Attorney Peter J. Smith, Daniel Pacheco-Morales, age 44, of York, was sentenced to fifteen years in prison. U.S. District Court Judge Yvette Kane indicated during sentencing that the violence associated with his activities and his long history of drug trafficking separated him from the other defendants sentenced in the prosecution of Latin Kings in York.
On April 6, 2015, the day of his scheduled jury trial, Daniel Pacheco-Morales entered a guilty plea to conspiracy to distribute heroin from 2011 to 2013. He also admitted to his participation in conspiracy to distribute heroin throughout York. He later attempted to withdraw his guilty plea, but the court denied his request.
Pacheco-Morales’s sentence is the culmination of a multi-year investigation by the Pennsylvania State Police and the York County Drug Task Force, into the Latin King Street Gang in York. In that investigation, hundreds of purchases of heroin, cocaine, and crack cocaine were made from over one hundred individuals in York, and resulted in the arrest of most of those individuals in a sweep that began on February 6, 2013. Thereafter, the United States Attorney’s Office indicted fifteen individuals for leadership roles in the heroin and cocaine trafficking, including Daniel Pacheco-Morales.
As part of this larger investigation, the United States charged multiple others affiliated with the distribution of heroin and cocaine in York. The other cases are as follows:
-
Angel Mendez-Castro, age 27, of York and Puerto Rico, entered a guilty plea to conspiracy to import and distribute kilograms of heroin and cocaine. He was sentenced to fifteen years in prison.
-
Christian Mendez-Castro, a/k/a “King Rampage,” age 22, of York and Puerto Rico, entered a guilty plea to conspiracy to distribute heroin and cocaine. He was sentenced to nine years in prison.
-
Hector Castro-Padro, age 22, of Puerto Rico and York, entered a guilty plea drug trafficking and possession of a firearm in furtherance of drug trafficking. He was sentenced to six years and six months in prison.
-
William Ortiz, age 53, or York, entered a guilty plea to drug trafficking. On August 21, 2014, he was sentenced to 10 years in prison.
-
Luis Angel Ortiz, a/k/a “C Lo,” age 31, of York, entered a guilty plea to drug trafficking. On April 15, 2014, he was sentenced to twelve (12) years and six (6) months in prison.
-
Jose Cartegena, Jr., a/k/a “Warrior,” age 35, of York, entered a guilty plea to drug trafficking. On April 28, 2014, he was sentenced to five (5) years in prison.
-
Marcus Garcia, a/k/a “King Paradise,” age 28, of York, entered a guilty plea to drug trafficking. On September 5, 2014, he was sentenced to six (6) years and five (5) months in prison.
-
David Ramsey, a/k/a “King Knuckles,” age 32, of York, entered a guilty plea to drug trafficking. On December 9, 2014, he was sentenced to five (5) years in prison.
-
Carlos Villalongo-Martinez, age 38 of York, entered a guilty plea to drug trafficking. On July 29, 2014, he was sentenced to two (2) years in prison.
-
Brandon Jones, age 27, of York, entered a guilty plea to drug trafficking. On June 3, 2014, he was sentenced to six (6) years in prison.
-
Antonio Navarro-Garcia, a/k/a “King Trigger,” age 22 of York, entered a guilty plea to drug trafficking. On November 25, 2014, he was sentenced to five (5) years in prison.
-
Michael Enriquez, a/k/a “King Rage,” age 30, of Camden, New Jersey, entered a guilty plea to drug trafficking. On January 27, 2015, he was sentenced to ten (10) years in prison.
-
Hector Rengifo, age 40, of York, entered a guilty plea to drug trafficking on August 4, 2014. He was sentenced to ten (10) years in prison.
- August Ranalli, age 31, of York, was convicted of drug trafficking and conspiracy after bench trial. He was sentenced to twelve (12) years in prison.
Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.
# # #
-
Army Colonel Convicted of Possession and Distribution of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert J. Rice, age 58, Carlisle, a Colonel in the U.S. Army stationed at the U.S. Army War College in Carlisle, was convicted of possession and receipt and distribution of child pornography over the internet. The five-day trial was held before U.S. District Court Chief Judge Christopher C. Conner in Harrisburg.
According to U.S. Attorney Peter Smith, the jury returned with the verdict of guilty after approximately two hours of deliberation. The jury found that Rice knowingly possessed child pornography from August 2010 through January 29, 2013, and that he received and distributed child pornography through the internet from January 23, 2013 through January 28, 2013.
Chief Judge Conner has scheduled sentencing for August 12, 2016.
The case was prosecuted by Assistant United States Attorneys James T. Clancy and Chelsea B. Schinnour.
The charges stemmed from an investigation by the Cumberland County District Attorney’s Office with assistance from the U.S. Army Criminal Investigation Division and Homeland Security Investigations (HSI).
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 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Junedale Couple Pleads Guilty to Four Armed Bank Robberies and the Armed Robbery of A StoreRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Weaver, age 41, and Crystal Serfass, age 31, both of Junedale, Carbon County, Pennsylvania, pleaded guilty to the armed robberies of four banks and a store.
Weaver and Serfass pleaded guilty before Senior United States District Court Judge James M. Munley in Federal Court yesterday in Scranton. During the guilty plea hearing, each admitted to all charges contained in a five-count Criminal Information which alleges that they committed the following armed robberies:
-
the robbery ofthe Jim Thorpe National Bank, Penn Forest Township, on September 17, 2013;
-
the robbery of the National Penn Bank, Drums, on August 8, 2014;
-
the robbery of Jim Thorpe Neighborhood Bank, Penn Forest Township, on November 18, 2014;
-
the robbery of the ESSA Bank and Trust, Brodheadsville, on December 26, 2014;
-
the robbery of the Dollar General, Nesquehoning, on November 16, 2014.
During each of the robberies, Weaver brandished a firearm to intimidate the employees. Serfass helped plan and acted as a driver for each of the crimes.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Prosecution is assigned to Assistant United States Attorney John Gurganus.
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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statutes is up to 120 years’ imprisonment. Both face a term of supervised release following imprisonment, and a fine if convicted. 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 defendants, 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.
# # #
-
Connecticut Man Pleads Guilty to Six Bank Robberies in Three StatesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Sandy Lee Parks, age 60, of New Haven, Connecticut, pleaded guilty to six bank robberies in Pennsylvania and two other states.
According to United States Attorney Peter Smith, in July 2015, a grand jury in Scranton returned a two-count Indictment alleging that Parks committed the armed robbery of the Peoples Security Bank, Duryea, on July 3, 2015 and the armed robbery of the Wells Fargo Bank, Plymouth, on July 10, 2015.
A subsequent Criminal Information charged Parks with four additional bank robberies:
- the Savings Institute Bank & Trust, Westerly, Rhode Island, on February 20, 2015;
- the Coastway Community Bank, Warwick, Rhode Island, on June 16, 2015;
- the Citizen’s Bank, Stonington, Connecticut, on June 24, 2015; and
- the First Niagara, Upper Macungie Township, PA, on July 17, 2015.
Today, Parks appeared before Senior United States District Court Judge Edwin M. Kosik in Federal Court in Scranton, and pleaded guilty to all six robberies.
Parks has been in custody since July 17, 2015, the day officers from the Upper Macungie Police Department arrested and charged him with the robbery of the First Niagara Bank which occurred earlier that day.
The case was jointly investigated by federal, state and local law enforcement agencies: the Federal Bureau of Investigation, Pennsylvania State Police, the Duryea, Plymouth Township, Upper Macungie, Pittston, Wilkes-Barre, Wilkes-Barre Township, Plains Township, Jenkins Township, West Pittston, Edwardsville, Warwick, Rhode Island, Hanover, Kingston Police Departments, and the Luzerne County District Attorney’s Office. The prosecution was conducted and coordinated by Assistant United States Attorney John Gurganus.
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. No date has been set for sentencing.
The maximum penalty under federal law for all the charges is 135 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.
# # #
Three Men Indicted Federally on Heroin Related ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Curtis Mitchell, age 37, Harrisburg, Eddie Viera, age 42, Shippensburg, and Brandon Brooks, age 26, York, were indicted in three separate cases today by a federal grand jury in Harrisburg.
According to U.S. Attorney Peter Smith, Mitchell is charged with the sale of heroin and possession of a short-barreled shotgun. He was arrested by the Harrisburg Police Department at his residence during the execution of a search warrant on November 16, 2015. Police had previously observed Mitchell allegedly selling heroin out of his home. During the search, police allegedly found a short-barreled shotgun under Mitchell’s mattress. Short-barreled shotguns violate the Federal Firearms Act if not properly registered, and, as a convicted felon, Mitchell is prohibited from possessing any firearm.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Harrisburg Police Department. The maximum penalty for this offense is up to life in prison, a term of supervised release following imprisonment, and a fine.
Viera is charged with distribution and possession with intent to distribute heroin. He was arrested by the Pennsylvania State Police on February 15, 2016 near mile marker 77 of Interstate 81 after a high speed pursuit for nearly 20 miles. Along the route of the pursuit, Troopers found over 950 individual packets of heroin which Viera allegedly had thrown out the window of his car. Viera was already the subject of an arrest warrant after members of the Franklin County Drug Task Force observed him allegedly distributing heroin and found over 70 individual packets of heroin in his apartment in December 2014.
The matter was investigated by the Franklin County Drug Task Force, the Pennsylvania State Police and the Federal Bureau of Investigation. The maximum penalty for this offense is up to 30 years in prison, a term of supervised release following imprisonment, and a fine.
Brooks is charged with possession with the intent to distribute heroin. He was stopped by West York Police for Driving Under the Influence on November 27, 2015. During the arrest, officers found 9 bundles, or 90 individual packets, of heroin on Brooks.
The matter was investigated by the Drug Enforcement Administration and the West York Police Department and York County District Attorney’s Office. The maximum penalty for this offense is up to 30 years in prison, a term of supervised release following imprisonment, and a fine.
All three cases are being prosecuted by Assistant U.S. Attorney Scott R. Ford.
These cases were brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
# # #
Nanticoke Man Charged in Straw Purchase of FirearmsRead 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 indicted Damone Whitley, age 22, on May 3, 2016, with making false statements to a federally licensed firearms dealer.
According to United States Attorney Peter Smith, Whitley, a resident of Nanticoke, provided false information for the purchase of two firearms from a gun shop in that city on April 5, 2016. The indictment alleges that Whitley stated that he was the true buyer of the firearms when, in fact, he was buying them for others.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Prosecution has been assigned to Assistant U.S. Attorney Robert O’Hara.
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 ten years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Hazleton Resident Charged with Trafficking in Heroin, Methamphetamine, and Cocaine, and Illegally Possessing FirearmRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury returned a superseding indictment on May 3, 2016, charging a 55-year-old Dominican national who resided in Hazleton with distributing heroin on two occasions between December 2015 and January 2016, trafficking in cocaine and methamphetamine, and possessing a firearm in connection with drug trafficking.
According to United States Attorney Peter Smith, the superseding indictment alleges that Juan Elvis Monsanto, who used the street name “Elvi,” distributed heroin on December 15, 2015, and January 28, 2016; possessed with intent to distribute cocaine and in excess of 50 grams of methamphetamine on February 10, 2016, and possessed a firearm in furtherance of drug trafficking.
The charges against Monsanto resulted from an investigation by the Drug Enforcement Administration (DEA) and Hazleton Police.
Monsanto faces a mandatory minimum sentence of 5 years in prison and a potential maximum sentence of life in prison, if he is convicted of the charges.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Monroe County Woman Pleads Guilty to Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County woman connected to a heroin trafficking ring that operated in Monroe County and elsewhere during 2012 through March 2015, pleaded guilty today before Senior U.S. District Court Judge James M. Munley in Scranton.
According to United States Attorney Peter Smith, Shawnette Isaac, age 39, of Marshalls Creek, pleaded guilty to conspiracy to distribute heroin and cocaine. Isaac admitted to traveling to New Jersey on several occasions to obtain a total of more than 80 grams of heroin, which is equivalent to approximately 2600 retail bags of heroin, for distribution to others in the Monroe County area.
Isaac was indicted by a federal grand jury in Scranton in March 2015. The charges were the result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police in Monroe County.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for August 2, 2016.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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 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.
# # #
Pennsylvania Lobbyist Charged with Wire FraudRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced today that a lobbyist has been charged with wire fraud.
According to the United States Attorney’s Office, John H. Estey, age 53, of Ardmore, was charged with wire fraud in a Criminal Information filed in U.S. District Court in Harrisburg.
The Information charges that the Federal Bureau of Investigation (FBI) conducted an undercover investigation of lobbying in the Pennsylvania General Assembly. In that investigation, the FBI created an undercover business and hired Estey as a lobbyist to influence passage of certain legislation beneficial to the undercover business. In 2011, as a part of that investigation, Estey agreed to secretly pay $20,000 in campaign contributions to members of the Pennsylvania General Assembly in connection with this legislation. When he was paid funds, Estey only passed through $7,000 in campaign contributions while secretly keeping $13,000.
The government also filed a plea agreement with Mr. Estey which is subject to approval of the court. A date for his initial appearance has not been set.
First Assistant U.S. Attorney Dennis C. Pfannenschmidt was designated United States Attorney for this case because United States Attorney Peter J. Smith recused himself.
The case was investigated by the FBI, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant United States Attorneys Michael A. Consiglio, Christy Fawcett, 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 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 is 20 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.
# # #
Federal, State and Local Agencies Join Forces to Reduce Violence and Recidivism Among Formerly Incarcerated Individuals in Luzerne CountyRead the Press Release
HARRISBURG – In recognition of the designation of April 24-30, 2016 as National Reentry Week by the U.S. Department of Justice, the United States Attorney’s Office for the Middle District of Pennsylvania hosted an organizational meeting at Wilkes University for law enforcement officers, prosecutors, court personnel, prison officials, probation/parole officers, treatment/reentry service providers, community representatives and other stakeholders who desire to participate in a reentry call-in program designed to reduce violence and recidivism among formerly incarcerated individuals reentering the Luzerne County community from county, state and federal prisons.
Removing barriers to successful reentry helps formerly incarcerated individuals compete for jobs, attain stable housing, and support their families. An important part of that commitment is preparing those who have paid their debt to society for substantive opportunities beyond the prison gates, and addressing collateral consequences to successful reentry that too many returning citizens encounter.
The Department of Justice requested each United States Attorney’s Office in the country to hold a reentry-related event. As stated by the Department in the memorandum announcing the initiative, “[s]upporting successful reentry is an essential part of our mission to promote public safety. If we can reduce recidivism by helping individuals return to productive, law-abiding lives, we will reduce crime across this country, make our prisons safer, and make our neighborhoods better places to live.”
The meeting today at Wilkes University in Wilkes-Barre is the initial gathering of what the U.S. Attorney’s Office has called the Luzerne County Reentry Coalition. The speakers included representatives of the Pennsylvania Commission on Crime and Delinquency, the Pennsylvnaia Board of Probation and Parole, the U.S. Attorney’s Offices for the Middle District and Eastern District of Pennsylvania, and Al Murray, Esquire, who developed the CARES Program as part the Reentry Program in the Middle District of Pennsylvania.
# # #
Shenandoah Man Pleads Guilty to Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 38-year-old Shenandoah resident connected to a large-scale heroin trafficking ring that operated in Schuylkill County during 2012 through September 2015, pleaded guilty today before Senior U.S. District Court Judge James M. Munley in Scranton.
According to United States Attorney Peter Smith, Thomas Nestor pleaded guilty to conspiracy to distribute more than 100 grams of heroin. Nestor admitted to distributing heroin and traveling with co-conspirators to obtain heroin for distribution. He was involved in distributing and possessing with intent to distribute between 400 and 700 grams, which is equivalent to between 13,000 and 23,000 retail bags of heroin,
Nestor was indicted by a federal grand jury in Scranton in September 2015, as a result of an investigation by the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and Shenandoah Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for July 28, 2016. Nestor faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in 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.
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.
# # #
Schuylkill Federal Correctional Institution Inmate Charged for Possession of A Homemade WeaponRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a felony Criminal Indictment was returned by a federal grand jury in Scranton on April 26, 2016, charging federal prison inmate Davon Perry, age 36.
According to United States Attorney Peter Smith, Perry was charged with allegedly possessing a homemade sharpened weapon in June of 2015.
If convicted, Perry could be imprisoned for a maximum sentence of up to 5 years and a fine in the amount of $250,000.
The investigation was conducted by the FBI. The case is 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 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.
# # #
Harrisburg Couple Charged in Straw Purchase of FirearmRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Scranton has indicted Michael Miller and Janis Tolan with conspiracy to make a false statement in connection with the purchase of a firearm at a gun show in December 2015.
According to United States Attorney Peter Smith, the defendants purchased an AK 47 semi-automatic rifle from a licensed dealer at an event at the Farmshow Complex in Harrisburg. Miller allegedly chose the weapon and Tolan submitted the identification for the vendor and filled out the government form representing her as the purchaser, allegedly acting as a straw purchaser for Miller in violation of federal law.
This matter was investigated by the Pennsylvania State Police and the Federal Bureau of Investigation. Prosecution is assigned to Assistant U.S. Attorneys Christy Fawcett and Chelsea Schinnour.
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 ten 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.
# # #
Former Scranton Resident Sentenced to 24 Months Imprisonment for Harboring Illegal AliensRead the Press Release
SCRANTON - The United States Attorney=s Office for the Middle District of Pennsylvania announced that Lihn Lam, age 45, formerly of Scranton, was sentenced today to 24 months imprisonment by U.S. District Court Judge Edwin M. Kosik, in Scranton, for conspiracy related to the harboring and transporting of illegal aliens.
According to United States Attorney Peter Smith, Lam and other individuals operated a business known as “Ready Management Services, Inc.” between 2007 and the present which provided illegal aliens as employees under a temporary labor contract and paid the illegal aliens cash payments “under the table” for work they performed.
Lam was indicted by a grand jury in Scranton in April 2014, as a result of an investigation by the U.S. Immigration and Customs Enforcement & Removal Operations, the Department of Health and Human Services, Office of the Inspector General; the Department of Labor, Office of Inspector General, Office of Racketeering and Fraud Investigations, and the Pennsylvania State Police. The case was prosecuted by Assistant United States Attorney Todd K. Hinkley.
# # #
14 Charged in Seven County Cocaine and Methamphetamine Trafficking ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Scranton has indicted 14 Central Pennsylvania men charging them with conspiracy to distribute and possess with intent to distribute cocaine and methamphetamine. Thirteen of the 14 defendants were taken into custody today.
According to United States Attorney Peter Smith, a coordinated investigation by the Pennsylvania State Police and the Federal Bureau of Investigation led to the indictment on April 26, 2016, which was made public today after the arrests of the defendants. According to the indictment, the conspiracy extended over 14 months from December 2014 to April 2016. The drug activity allegedly took place in Cumberland, Dauphin, York, Snyder, Northumberland, Berks and Perry Counties.
The names, ages, and residences of the defendants are listed below:
Phillip Bennett, age 43, Elizabethtown;
Michael Finsterbush, age 50, Lemoyne;
Marcie Herman, age 47, Harrisburg;
Michael Herman, age 49, Harrisburg;
Arthur Houze, age 49, Harrisburg;
Douglas Lesniak, age 46, Steelton;
John Nace, age 41, York;
Joseph Newton, age 47, Selinsgrove;
Scott Ohler, age 50, Harrisburg;
Juan Salcido, age 33, Reading;
Michael Sanders, age 43, Selinsgrove;
Justin Spiegle, age 41, Liverpool;
Timothy Watson, age 42, Lemoyne; and
Eric West, age 29, Shermans Dale.
The indictment also seeks forfeiture of approximately $156,574 from defendant Scott Ohler.
Prosecution has been assigned to Assistant U.S. Attorneys Christy Fawcett and Chelsea Schinnour.
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.
# # #
U.S. Court of Appeals for the Third Circuit Denies Former Lackawanna County Commissioner Anthony J. Munchak’s AppealRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the U.S. Court of Appeals for the Third Circuit denied former Lackawanna County Commissioner Anthony J. Munchak’s latest appeal regarding his 2011 conviction on multiple public corruption charges. Specifically, the Court of Appeals affirmed U.S District Court Judge A. Richard Caputo’s July 17, 2014, denial of Munchak’s motion for a new trial based on a claim of newly discovered evidence.
Munchak was convicted in 2011, along with former Lackawanna County Commissioner Robert C. Cordaro, on multiple public corruption offenses relating to the Commissioners’ demands for payments and other benefits from individuals and entities doing business with Lackawanna County. Munchak was sentenced in 2012, to serve 84 months’ imprisonment and the Third Circuit affirmed the conviction and sentence on May 31, 2013.
After the conviction and sentence were affirmed, Munchak filed a motion for a new trial alleging that witnesses associated with Highland Associates, an architectural and engineering firm that did work for the County, perjured themselves at his trial. The Appellate Court rejected Munchak’s claims and stated that “[t]he District Court correctly concluded that Munchak’s motion does not expose false testimony.” The Appellate Court further stated that since Munchak’s “new evidence” did not discredit the witnesses’ testimony, “it is impossible to conclude that it creates a reasonable likelihood (or, indeed, any rational chance) of a different outcome by the jury.”
The case was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the Internal Revenue Service. At trial, the government was represented by Assistant United States Attorneys Lorna N. Graham, William S. Houser and Bruce Brandler, with Assistant United States Attorney Stephen R. Cerutti on the Appellate brief.
# # #
Clarks Green Woman Sentenced to Four Years’ Imprisonment for the Armed Robbery of Two BanksRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lisa Alexis Jury, age 48, of Clarks Green, Pennsylvania, was sentenced today to serve four years in federal prison by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for committing two armed bank robberies.
According to U.S. Attorney Peter Smith, on December 15, 2015, Jury entered a guilty plea to the Indictment which alleged she committed the following robberies:
- Peoples Security Bank and Trust Company, 494 Gravel Pond Road, Clarks Summit, Pennsylvania, on October 30, 2014;
- P&G Mehoopany Employees Federal Credit Union, Business Route 6, Eynon, Pennsylvania, on May 19, 2015.
The robberies were investigated by the Federal Bureau of Investigation (FBI), the Pennsylvania State Police, with the assistance of the South Abington Township Police Department and the Archbald Police. During both robberies, Jury activated a stun gun to intimidate the victim tellers. FBI Special Agents arrested Jury on May 21, 2015, at her Clarks Green home. She has been held in custody since her arrest.
In addition to the four-year imprisonment sentence, Judge Conaboy ordered Jury to be placed on five years of supervised release following service of her prison sentence, and to pay restitution in the amount of $22,714.
Assistant U.S. Attorney John Gurganus prosecuted the case.
# # #
Federal Appellate Court Affirms Convictions and Sentences of Murder-For-Hire ConspiratorsRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals today upheld the convictions and lengthy prison sentences of two men who participated in a murder-for-hire scheme in the Scranton area in 2011-2012.
According to United States Attorney Peter Smith, the Court in separate decisions affirmed the convictions and sentences of Gary Williams, age 48, formerly of Scranton, and Edward McLaughlin, age 67, who previously resided in Florida.
The scheme involved McLaughlin soliciting Williams to kill McLaughlin’s ex-wife, and shipping a rifle and bullets from Florida to Scranton for Williams to use to carry out the murder. The plan unraveled when Williams was arrested by Scranton Police in a domestic violence incident in which he used the rifle to assault a woman with whom he resided. Police and FBI agents subsequently found the rifle and other evidence linking Williams and McLaughlin to the murder-for-hire scheme.
Williams was convicted, after a three-day trial in August 2013, of conspiracy to commit a murder-for-hire, possession of a firearm in furtherance of a crime of violence, unlawful receipt of a firearm in interstate commerce, unlawful possession of a firearm as a convicted felon, and attempting to corruptly persuade a witness to influence testimony in an official proceeding.
Senior U.S. District Court Judge A. Richard Caputo sentenced Williams to 35 years in prison.
On appeal, Williams contended that the trial court improperly admitted certain evidence in the case and incorrectly applied the sentencing guidelines. The Court of Appeals rejected those arguments, ruling that the evidence was properly admitted and the applicable sentencing guidelines were accurately calculated.
On the day of his scheduled trial, McLaughlin pleaded guilty to the murder-for-hire conspiracy, carrying and possessing a firearm in connection with a crime of violence, and unlawfully shipping a firearm as a convicted felon. He subsequently attempted to withdraw his guilty plea, but Judge Caputo ruled that the guilty plea was entered knowingly and voluntarily.
Judge Caputo sentenced McLaughlin to 20 years in prison.
On appeal, McLaughlin claimed that the court erred in refusing to allow him to withdraw his guilty plea because his counsel was ineffective and the government induced his plea with a false promise. The Court of Appeals rejected McLaughlin’s claims, ruling that his guilty plea was knowing and voluntary, and that McLaughlin failed to show the existence of any false promise by the government.
Williams and McLaughlin were indicted by a federal grand jury in August 2012, as a result of an investigation by the FBI and Scranton Police.
Assistant U.S. Attorney Francis P. Sempa prosecuted the cases and handled the appeals.
# # #
Harrisburg Man Indicted on Federal Drug and Firearm ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Andre Hairston, age 34, of Harrisburg, was indicted by a federal grand jury in Harrisburg on April 20, 2016, on charges of being a convicted felon illegally in possession of a four firearms which were also stolen, selling one of the stolen firearms, possession with the intent to distribute synthetic marijuana and criminal conspiracy.
According to U.S. Attorney Peter Smith, the charges arise out of the arrest of Hairston in July 2015 when he sold a stolen handgun. Another stolen handgun was recovered from Hairston’s car. Further investigation led to 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.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each firearm count of the indictment is a 10 year term of imprisonment, a term of supervised release following imprisonment, and a fine. The drug counts of the indictment carry 20 year maximum terms 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.
# # #
Former Capital Blue Cross Employee and Four Others Charged with Health Care Fraud ConspiracyRead 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 five persons for health care fraud on April 20, 2016. The defendants named in the Indictment are Chireta E. Dantzler, age 34, of Harrisburg, Pennsylvania; Victoria Thomas, age 37, of Harrisburg, Pennsylvania; Henry Nolen Bell, age 61, of Baltimore, Maryland; Latanya Deidre Hill, age 45, of Baltimore, Maryland; and Deneen Maria Whiteside, age 56, of Parkville, Maryland.
According to United States Attorney Peter Smith, the grand jury alleged that, as part of a the fraud scheme, Thomas, Nolen, Bell, Hill, and Whiteside provided Dantzler, who was employed as a health claims examiner with Capital Blue Cross (CBC), with their personal identifying information. The defendants allegedly agreed that Dantzler would file bogus health insurance claims on their behalf, representing that each of the defendants received health care ambulance services when, in fact, they had not. As a result, the claimants received payment from CBC as well as CareFirst and Excellus Health Plan, two other providers, which, along with CBC, are licensed health care providers under the National Blue Cross, Blue Shield Health Insurance Program.
The scheme allegedly took place in 2012 and 2013 and resulted in approximately $292,000 in fraudulent claims being paid to the conspirators. According to the government, the intended loss was approximately $400,000. CBC staff discovered the scheme and cooperated in the fraud investigation, as did the other providers.
Dantzler, the alleged leader of the scheme, is also charged alone in a three separate counts of Health Care Fraud in connection with claims submitted in 2013. She was dismissed by CBC in 2014.
The Indictment further alleges that Thomas, Bell, Hill, and Whiteside gave Dantzler a share of the health insurance money they received.
The investigation was conducted by the Harrisburg Office of the Federal Bureau of Investigation. The case is assigned to Assistant United States Attorney Joseph J. Terz.
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 10 years of 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 an accurate indicator of the potential sentence for a specific defendant.
# # #
Inmate at United States Penitentiary at Canaan Charged with Assault on Corrections OfficerRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a grand jury in Scranton has indicted a federal inmate at the United States Penitentiary at Canaan for assaulting a federal corrections officer.
According to United States Attorney Peter Smith, the indictment charges Orlando Garcia-Mata, age 24, formerly of Texas, with punching a corrections officer in the face on March 22, 2016.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Prosecution has been assigned to Assistant United States Attorney Robert J. O’Hara
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.
In this case, the maximum penalty which can be imposed under federal law is 8 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.
# # #
Inmate at Federal Correctional Institute at Allenwood Charged with Assaults on Two Corrections OfficersRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a grand jury in Scranton has indicted a federal inmate at the Federal Correctional Institute at Allenwood for assaulting two federal corrections officers.
According to United States Attorney Peter J. Smith, the indictment charges Demetrius Catching, age 25, formerly of Lexington, Kentucky, with punching one corrections officer and kicking another corrections officer on March 7, 2016.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service
Prosecution has been assigned to Assistant United States Attorney Robert J. O’Hara
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.
In this case, the maximum penalty which can be imposed under federal law is 8 years of imprisonment, a term of supervised release following imprisonment, and a $100,000 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.
# # #
Georgia Man Sentenced to 175 Months in Federal Prison for Wire Fraud, Money Laundering and Theft ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jorge Salazar, age 58, of Georgia was sentenced today to 175 months’ (14 years and six months) imprisonment by United States District Court Judge Sylvia H. Rambo in Harrisburg for wire fraud, money laundering and aggravated theft charges.
According to United States Attorney Peter Smith, the charges against Salazar were a result of a fraudulent investment scheme he carried out in Adams County, Pennsylvania from 2012 through 2014. As part of the scheme, Salazar falsely represented he was a lawyer and investor from Atlanta, Georgia. He also represented that investors could invest up to $49,999 through his company and that investors would receive a return of up to three times their investment within six months. Approximately, 19 people invested $360,000 with Salazar. Once he received the investors’ monies, Salazar fled to Kentucky where he was arrested.
The investigation revealed that Salazar spent a significant percentage of the fraud proceeds to purchase an RV and a home in Kentucky.
Salazar was indicted by a grand jury in Harrisburg in November 2014, as a result of an investigation by the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigations, and the Pennsylvania State Police. The case was prosecuted by Assistant United States Attorney Joseph J. Terz.
# # #
Former Mohegan Sun Vice President and Associate Indicted for Money Laundering Conspiracy and Other Federal ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Vice President of Player Development for the Mohegan Sun Casino at Pocono Downs and an associate have been charged with multiple federal crimes in a 21count indictment returned by a federal grand jury in Scranton.
According to United States Attorney Peter Smith, Robert Pellegrini, age 50, of Fairview Township, and Mark Heltzel, age 51, of Dallas, are charged with conspiracy to commit money laundering, multiple counts of access device fraud and aggravated identity theft.
The grand jury alleged that Pellegrini, Heltzel, and an unindicted coconspirator defrauded the Mohegan Sun Casino at Pocono Downs by engaging in a scheme involving the use of stolen names in PINs (personal identification numbers) that were tied to players’ loyalty club cards.
It is alleged that, with the assistance of an unindicted coconspirator, Pellegrini used the stolen information to create duplicate player club cards, which he then loaded with “free play” credits. The fraudulently created cards were then allegedly given to Heltzel by Pellegrini for Heltzel to gamble with, primarily at poker slot machines. The indictment alleges that the scheme began in May 2014 and continued to April 2015, allegedly netting the defendants winnings in the approximate amount of $422,147.
The charges stem from an investigation by the Internal Revenue Service Investigations, the Pennsylvania State Police and the cooperation and assistance of the Luzerne County District Attorney’s Office. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
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 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 is 20 years’ imprisonment and a $500,000 fine. The government is also seeking forfeiture of the proceeds of the alleged criminal acts. Each crime also carries a term of supervised release following 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.
# # #
Southside York Gang Member Enters Guilty Plea to Racketeering ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Bureau of Alcohol, Tobacco, Firearms and Explosives announced today that a member of the “Southside” located in York, Pennsylvania pled guilty to racketeering conspiracy.
According to United States Attorney Peter Smith, Richard Nolden, age 30, of York, entered a guilty plea in federal court today to racketeering conspiracy. Under the agreement, Nolden will receive a sentence of 25 years. Nolden is currently serving a sentence of 15 to 40 years’ incarceration for the January 23, 2012, murder of Sherrod Snellings.
Nolden’s plea comes as the last defendant in the Southside indictment. The federal indictment, which was returned on September 17, 2014, brought racketeering and drug trafficking charges against twenty-one members of the Southside. In the indictment, the Southside is identified as a criminal enterprise whose purpose is to protect its territory and power through intimidation, violence and threats, generate profits primarily through open-air drug dealing within its territory and violent crime, defend and retaliate on behalf of gang members, and assist members through retaliation against witnesses and thwarting efforts of law enforcement.
From September to November 2015, twelve other co-defendants went to trial. All twelve were convicted of racketeering conspiracy, drug trafficking conspiracy and/or drug trafficking after an eight-week jury trial this fall. The other eight co-defendants entered guilty pleas to racketeering conspiracy in the case. All of these defendants are being scheduled for sentencing before U.S. District Court Judge Yvette Kane.
In this case, the maximum penalty Richard Nolden faces 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.
# # #
Four Restaurant Owner/Managers in State College Area Sentenced and Property Forfeited in Illegal Alien Harboring CaseRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that four restaurant owner/managers in the State College area were sentenced on April 15, 2016 by United States District Court Judge Matthew W. Brann in Williamsport in a case involving conspiracy to transport, harbor and conceal illegal aliens.
Jing Mei Jiang, sentenced to 15 months’ imprisonment and ordered to report to prison on May 16, 2016. The other three defendants are Xin Xing Jiang; Yan Jin Jiang; and Yu Mei Chen. All three were sentenced to two years’ probation. All four defendants pleaded guilty in September 2015. All are residents of Boalsburg, Pennsylvania.
Four other defendants previously pleaded guilty in August 2015 and were sentenced to two years’ probation: Zue Jiang; Jian Bin Chen; Yong Cheng Chen; and Hua Zhen Dong. All are resident of State College, Pennsylvania.
According to U.S. Attorney Peter Smith, charges were filed in July 2015 in U.S. District Court in Harrisburg against the eight restaurant owners and managers accusing them of conspiring to transport, harbor and conceal illegal aliens to work in their restaurants. Jing Mei Jiang, identified as the leader of the conspiracy, was also charged with defrauding the United States and the Commonwealth of Pennsylvania by underreporting the actual number of employees in audit and tax documents and by creating falsified financial records on his Employer’s Quarterly Report of Wages Paid to each employee.
Jing Mei Jiang and his co-conspirators engaged in recruiting unauthorized aliens to work in restaurants and transporting the aliens by commercial buses, vans and other vehicles to and from restaurants in the State College area, where they would work and be housed during their employment.
The workforce consisted of Hispanic and Chinese aliens from Mexico, Guatemala, Thailand and China. The workers were recruited and employed by the defendants for commercial advantage and private financial gain. Unauthorized alien workers were hired to staff restaurant kitchen operations, thereby cutting costs and maximizing profits. As part of the conspiracy, the aliens were paid in cash, at a rate well below the minimum wage. State and/or federal taxes were not withheld from wages, unauthorized aliens were not required to present documents establishing identity and/or employment eligibility, housing and transportation was provided and costs were shared among the conspirators to maximize profits, and fraudulent documents relating to unemployment compensation were filed.
Judge Brann ordered the following assets forfeited, consisting of property or cash directly tied to the criminal activity:
210 Limerock Terrace, State College, PA
458 East College Avenue, Unit 211, State College, PA
458 East College Avenue, Unit 406, State College, PA
691 Westerly Parkway, State College, PA
$21,890 in cash seized from the China Dragon Restaurant, State College, PA
$43,108 in cash seized from 210 Limerock Terrace, State College, PA
The case is part of an investigation by Homeland Security Investigations, the Pennsylvania Office of the Attorney General, and the U.S. Department of Labor, Office of Inspector General assisted by the State College Police Department. Assistant U.S. Attorneys William A. Behe and Gordon Zubrod, and Special Assistant U.S. Attorney Robert LaBar of the Pennsylvania Attorney General’s Office prosecuted the case.
# # #
Texas Man Pleads Guilty to Bringing Illegal Aliens to the United StatesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Arturo Luna, age 45, Laredo, Texas, pleaded guilty yesterday before United States District Court Chief Judge Christopher C. Conner in Harrisburg to offenses related to illegally bringing illegal aliens into the United States.
According to United States Attorney Peter Smith, Luna was a “coyote,” a person who illegally brought aliens from Mexico into the United States, including aliens who were brought to the Middle District of Pennsylvania between August and September 2013.
Co-defendants, Martha Ortiz was sentenced to 36 months imprisonment in January 2015 and Herberto Ortiz Gutierez was sentenced to 112 months imprisonment in December 2015.
The case was investigated by Drug Enforcement Administration, Customs & Border Patrol, Homeland Security Investigations, and Pennsylvania State Police. Prosecution of the case is assigned to Assistant United States Attorney Christy H. Fawcett.
A sentence following a finding of guilt or plea of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Former Nurse at Wilkes-Barre Veterans Administration Medical Center Charged Federally with Reckless EndangermentRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Richard Pieri, age 59, Drums, Pennsylvania, a former registered nurse with the Wilkes-Barre Veterans Administration Medical Center, was charged with reckless endangerment in a criminal complaint filed with the U.S. District Court in Scranton.
According to United States Attorney Peter Smith, on February 4, 2016, Pieri allegedly committed a violation of Pennsylvania law by placing a patient at the medical center in danger of death or serious bodily injury when Pieri participated in a surgical procedure while under the influence of alcohol. Under the Federal Assimilated Crimes Act, violations of state law can be prosecuted in the federal system if the alleged offense takes place in areas within federal jurisdiction. The medical center is a federal facility.
The case is being investigated by the U.S. Department of Veterans Affairs Police. Prosecution is assigned to Assistant United States Attorney Todd K. Hinkley. The matter arose initially out of an investigation by the Luzerne County District Attorney’s Office.
Pieri is no longer employed at the medical center.
Criminal complaints, like 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 the offense under federal law is 2 years, a term of supervised release following imprisonment, and a $5,000 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.
# # #
Wilkes-Barre Man Sentenced to 5 Years in Prison for Possession of A Firearm in Furtherance of Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Wilkes-Barre man was sentenced yesterday by United States District Judge Malachy E. Mannion, in Scranton, to serve 5 years in prison for possession of a firearm in furtherance of heroin trafficking.
According to United States Attorney Peter Smith, Disean Kendricks, age 26, previously pleaded guilty to the charge of possession of a firearm in furtherance of a drug trafficking crime. Kendricks was indicted by a grand jury in June 2015.
The charges stem from an incident in which investigators served a search warrant at a residence located on Sullivan Street in Wilkes-Barre and seized 45 individual retail bags of heroin and two firearms from a bedroom in which Kendricks was sleeping.
The investigation was conducted by the Wilkes-Barre Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF).
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal state and local law enforcement agencies.
# # #
U.S. Attorney and IRS Announce Message to Potential Tax Cheats That Tax Crimes Result in Criminal Prosecution and Lengthy Prison Sentences and Fines and Issue A Fraud Notice to TaxpayersRead the Press Release
HARRISBURG - With the deadline for filing income tax returns rapidly approaching, the U.S. Attorney’s Office for the Middle District of Pennsylvania, and the Philadelphia Field Office, IRS Criminal Investigation, jointly announced a warning to those who are thinking about breaking the law by committing tax crimes including a listing of recent tax fraud prosecutions and sentences.
“During this time of the year, IRS will receive millions of tax returns from honest taxpayers who file their returns on time and pay taxes they owe,” said U.S. Attorney Peter Smith. “Today’s warning is not for them; it is for tax cheats who break tax laws and abuse our tax system. If you belong in this category, pay close attention. My office will hold accountable anyone who participates in a tax fraud scheme that puts an added tax burden on honest taxpayers and drains our public finances.”
“Tax fraud exists in many forms, from unscrupulous tax preparers filing false and fraudulent returns, to identity thieves, and to those that go complex lengths to hide their income and evade paying the taxes they owe” said Special Agent in Charge Akeia Conner. “IRS-Criminal Investigation pursues tax cheats year-round. As the filing deadline quickly approaches, those who are contemplating engaging in tax fraud should know that they will be pursued.”
FILING FALSE TAX RETURNS AND EVASION
Over the last year, the U.S. Attorney’s Office has prosecuted and convicted individuals for filing false federal tax returns. Defendants have received substantial sentences for tax charges, ranging from several years in prison to home confinement. For example, the following individuals were sentenced for their roles in submitting false returns to the IRS:
Mitchell Orewiler, of Adams County was sentenced to 15 months in prison in July 2015. Orewiler pleaded guilty to filing false claims with the Internal Revenue Service in relation to his 2006, 2007 and 2008 Federal income tax returns. Orewiler was also ordered to pay $324,000 in restitution.
Felicia Burks, of Williamsport, PA was sentenced to 27 months in prison for filing 52 false income tax returns with the Internal Revenue Service in an attempt to obtain in excess of $150,000 in refunds. Burks was also ordered to pay $88,812 in restitution.
Paul Biko, of Harrisburg, pleaded guilty on January 14, 2016 to federal tax fraud in relation to his three Harrisburg businesses: Clearview of Harrisburg, Clearview Landscaping and Clearview Builders. As owner, Biko controlled the financial affairs of the three companies including all business bank accounts. For the fourth quarter of 2008, Biko’s companies withheld employment taxes from employees but failed to pay to the IRS the federal income taxes and Federal Insurance Contributions Act (FICA) taxes due to the United States. The government’s estimate of the loss is approximately $674,969.
Theodore Martin and his wife, Arminda Martin, of Ravenna, Ohio (formerly resided in York County), pleaded guilty on January 27, 2016 to tax evasion charges regarding their three cemetery businesses, including Suburban Memorial Gardens in Dover, Pennsylvania, and Grandview Memorial Park and Fairview Memorial Park in Ohio. The Martins failed to report to the IRS all the income they received from the operations of the cemeteries located in Ohio.
Felix Ramon Diaz, of Harrisburg, pleaded guilty on March 29, 2016 to forty-five counts of aiding and assisting the preparation of false tax documents. Diaz was a tax preparer who owned Felix Tax Service. From 2010 through 2013, Diaz filed forty five tax returns with false and fraudulent income, deductions, and addresses in an effort to maximize income tax refunds. Diaz’s conduct resulted in approximately $100,000 in taxes due and owed the Internal Revenue Service.
Sherry Garner, of Red Lion, pleaded guilty on February 19, 2016 to embezzlement from a credit union and with evading federal income taxes. Garner, the former Chief Executive Officer-Manager of the HD York Federal Credit Union in York, Pennsylvania embezzled $252,106 from the 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.
STOLEN IDENTITY REFUND FRAUD
In addition to prosecuting tax evaders and fraudulent tax return preparers, the IRS and the U.S. Attorney’s Office are conducting a continuing major effort to investigate and prosecute individuals who steal the identities of taxpayers and file fraudulent tax return. Rafael Sanchez, of Hazleton, the owner and operator of a check cashing, tax preparation and money transfer business in Hazleton was sentenced to 94 months in September 2015. Sanchez used the identities of unknowing third parties to file fraudulent federal income tax returns. He pleaded guilty to conspiracy to submit false claims and aggravated identity theft. Other similar fraud schemes are currently pending in court, or under investigation.
Federal penalties for each count of conviction of tax crimes range from a maximum of one year in prison and a $100,000 fine for failure to file a tax return, false withholding exemptions, and delivering or disclosing false tax documents, to a maximum of 10 years in prison and a $250,000 fine for conspiracy to defraud with respect to false refund claims. Other penalties include a mandatory term of two years in prison and a $250,000 fine for aggravated identity theft charges, three years in prison and a $250,000 fine for obstructing or impeding an investigation and filing or preparing a false tax return, and a maximum of five years in prison and a $250,000 fine for tax evasion, failure to pay taxes, conspiracy to commit a tax offense or conspiracy to defraud.
TAX SCAM WARNING
The U.S. Attorney’s Office and the IRS remind tax payers to exercise caution during tax season to protect themselves against tax schemes ranging from identity theft to return preparer fraud. Illegal scams can lead to significant penalties and interest and possible criminal prosecution. IRS Criminal Investigation works closely with the Department of Justice to shutdown scams and to prosecute the criminals behind them.
The IRS has issued its annual “Dirty Dozen” which lists common tax scams that taxpayers may encounter, particularly during filing season. Taxpayers are urged look out for, and to avoid, the following common schemes:
• Identity Theft
• Phone Scams
• Phishing
• Return Preparer Fraud
• Offshore Tax Avoidance
• Inflated Refund Claims
• Fake Charities
• Falsely Padding Deductions on Returns
• Excessive Claims for Business Credits
• Falsifying Income To Claim Credits
• Abusive Tax Shelters
• Frivolous Tax Arguments
Education is the best way to avoid these common schemes. To learn more about the Dirty Dozen scams and for help with recognizing and avoiding abusive tax schemes, the IRS offers educational material at www.irs.gov. Suspected tax fraud can be reported to the IRS using Form 3949-A found on the IRS.gov website.
# # #
Third Circuit Court Affirms Inmate’s Four-Year Prison Sentence for Mailing Threatening Letter to A Monroe County JudgeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals upheld a 48-month prison sentence yesterday for a former state prison inmate who mailed a letter threatening to kill a Monroe County Common Pleas judge.
According to United States Attorney Peter Smith, the Court’s decision affirmed the sentence imposed on Devon Williams, age 26, by Senior U.S. District Court Judge James M. Munley on March 24, 2015.
Williams pleaded guilty on December 17, 2014, to mailing a threatening communication. In his plea, Williams admitted that while he was an inmate at the State Correctional Institution in Albion, Pennsylvania, he mailed a letter from the prison in January 2014 to the judge’s chambers at the Monroe County Courthouse in Stroudsburg. The letter threatened harm and death to the judge.
Williams was indicted by a federal grand jury in September 2014, as a result of an investigation by the United States Postal Inspection Service and the Pennsylvania State Police.
In its opinion, the Court explained that Judge Munley’s sentence, which varied upward from the sentencing guidelines, was both procedurally and substantively reasonable, and that the defendant’s history of violence and the threatening and graphic nature of the letter justified a sentence above the suggested guidelines range.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case and handled the appeal.
# # #
State Inmate Charged with Mailing Threatening LettersRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a grand jury in Williamsport returned an indictment against an inmate serving a sentence at the State Correctional Institution, Smithfield, Huntingdon County, PA.
According to the United States Attorney Peter Smith, Gerald Mack, age 50, of Carlisle, Pennsylvania is charged with making repeated threats to injure a state correctional employee, and another woman during 2014.
The federal investigation was conducted by the United States Postal Inspection Service and Geoffrey MacArthur has been assigned to the prosecution of this matter.
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 five years of 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 an accurate indicator of the potential sentence for a specific defendant.
# # #
New York and Hazleton Men Charged with Cocaine ConspiracyRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Santos, age 49, of New York, New York and Rafael Lora, age 41, of Hazleton, Pennsylvania, were indicted by a federal grand jury in Scranton on April 12, 2016, with possession with intent to distribute cocaine, and with conspiracy.
According to United States Attorney Peter J. Smith, Santos and Lora were arrested on March 30, 2015 as the result of an investigation by Homeland Security Investigations, with assistance from the U.S. Postal Inspection Service, Customs and Border Patrol, Pennsylvania State Police and the Hazleton Police Department. Prosecution is assigned to Assistant U.S. Attorney Phillip J. Caraballo.
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 each offense under federal law is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Mexico Citizen Indicted for Illegal Re–Entry into the United States After Having Been Previously DeportedRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jenaro Moctezuma-Galicia, age 30, a native of Mexico, was indicted by a federal grand jury in Scranton on April 12, 2016, for allegedly re-entering the United States after having been previously deported.
The investigation was conducted by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Prosecution has been assigned to Assistant United States Attorney Robert J. O’Hara
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.
In this case, the maximum penalty which can be imposed under federal law is 2 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.
# # #
Mechanicsburg Resident Federally Charged with Distributing Images Depicting the Sexual Abuse of ChildrenRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Mechanicsburg man was indicted by a federal grand jury in Harrisburg on April 13, 2016 for the distribution and possession of images depicting the sexual exploitation of minors.
According to United States Attorney Peter Smith, John Alexander Driscoll, age 60, allegedly provided images depicting the sexual exploitation of children to an online law enforcement officer. After obtaining a search warrant, federal and state law enforcement officers located thousands of images and movies containing child pornography. The indictment alleges Driscoll engaged in the activity in February and March 2016.
This case was investigated by the United States Postal Inspection Service and the Pennsylvania Office of the Attorney General. The case is being prosecuted by Assistant United States Attorney Daryl Bloom.
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 40 years’ imprisonment with a mandatory term of 15 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.
# # #
Lewisburg Federal Prison Inmate Charged with AssaultRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that charges have been filed against Corey Maurice Treadwell, who is currently confined at the U.S. Penitentiary, Lewisburg, Pennsylvania.
According to United States Attorney Peter Smith, Treadwell, age 49, is charged in a three-count Indictment with assault with intent commit murder, assault with a dangerous weapon, and possession of contraband in a prison facility. In November 2015, Treadwell allegedly assaulted another Lewisburg inmate with a homemade weapon.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Geoffrey W. MacArthur 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 guilt 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 25 years imprisonment, a term of supervised release following imprisonment, and a fine of $500,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
# # #
Honduran National Indicted for Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a federal grand jury in Harrisburg indicted Alfredo Rodriguez-Castellano, for illegally re-entering the United States after having been previously deported and convicted of an aggravated felony.
According to U.S. Attorney Peter Smith, Rodriguez-Castellano, a 35 year old Honduran national, was previously deported to Honduras in 2009. That same year, he was also convicted by the Franklin County Court of Common Pleas of forgery, an aggravated felony which subjects him to enhanced penalties in the current case.
The matter was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
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.
Because of Rodriguez-Castellano’s previous conviction, under federal law he faces a maximum penalty of 20 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Five Lancaster County Residents Charged with Robbing Pharmacies in Lancaster, York and Cumberland CountiesRead 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 Jeremy Joseph Morant, age 24, Bryce Chad Butson, age 19, Earl Cord Owens, Jr., age 33, Carlos Ruben Arenas, Jr., age 33, and Jessica Lynn Weir, age 33, on March 23, 2016, charging them with robbery. The indictment was unsealed today following the arrests of the defendants.
According to United States Attorney Peter Smith, the indictment alleges that from December 2015 to February 2016, the defendants conspired to rob CVS and Walgreen pharmacies in Lancaster, York, and Cumberland Counties of oxycodone, a Schedule II controlled substance.
The investigation was conducted by the Drug Enforcement Administration and the Manheim, Springettsbury, Hampden and Tredyffin Township Police Departments. Assistant United States Attorney Joseph J. Terz has been assigned to prosecute 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 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.
# # #
U.S. Court of Appeals for the Third Circuit Denies Former Lackawanna County Commissioner’s Latest AppealRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the U.S. Court of Appeals for the Third Circuit denied former Lackawanna County Commissioner Robert C. Cordaro’s latest appeal regarding his 2011 conviction on multiple public corruption charges. Specifically, the Court of Appeals denied Cordaro’s request for a Certificate of Appealability of U.S District Court Judge A. Richard Caputo’s August 18, 2015, denial of Cordaro’s motion for a new trial based on ineffective assistance of counsel. The Appellate Court also denied Cordaro’s motion for release from custody.
In it’s Order denying Cordaro’s appeal, the Appellate Court stated:
The application for a Certificate of Appealability is denied because [Mr. Cordaro] has not made a substantial showing of the denial of a Constitutional right. For the reasons given by the District Court, [Mr. Cordaro] has not shown that jurists of reason would debate the denial of his claims. In particular, jurists of reason would not debate whether [Mr. Cordaro] failed to establish prejudice for any of his claims of ineffective assistance of counsel.
Cordaro was convicted in 2011, along with former Lackawanna County Commissioner Anthony Munchak, on multiple charges including racketeering and other public corruption offenses relating to the Commissioner’s demands for payments and other benefits from individuals and entities doing business with Lackawanna County. Cordaro was sentenced on January 30, 2012, to serve 132 months’ imprisonment and the Third Circuit affirmed the conviction and sentence on May 31, 2013.
After the conviction and sentenced were affirmed, Cordaro filed a motion to vacate his conviction and sentence based on alleged ineffective assistance of his trial counsel. A three-day hearing was held in January 2015 and the District Court denied the motion in August 2015.
Cordaro appealed that ruling and the decision today by the Third Circuit Court of Appeals affirmed the District Court’s August 2015 ruling.
The case was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the Internal Revenue Service. At trial, the government was represented by Assistant United States Attorneys Lorna N. Graham, William S. Houser and Bruce Brandler.
# # #
Federal Jury Convicts New York Man in Connection with Scranton Bank RobberyRead the Press Release
SCRANTON - The United States Attorney=s Office for the Middle District of Pennsylvania announced today that Jemel Laquan King, a/k/a “Melo,” age 37, a resident of New York, was convicted of conspiracy, aiding and abetting a bank robbery and brandishing a firearm during the robbery. The four-day trial was held before U.S. District Court Judge James M. Munley in Scranton.
According to United States Attorney Peter Smith, the jury returned with the verdict of guilty after approximately two hours of deliberation. King conspired with others to commit the November 26, 2014 armed robbery of the NBT Bank on Keyser Avenue in Scranton. During the robbery, two robbers used firearms, restrained tellers, and threatened their lives. The tellers were held at gun point, forced to open the vault and were handcuffed and left inside the vault. Approximately $100,000 was taken during the robbery.
Judge Munley has not scheduled a sentencing date for King; King will remained detained pending a sentencing hearing.
Those previously charged with conspiring with King to commit the robbery include Jule Futrell, age 46, Endicott, New York, and Dorian Whitehead, age 30, Binghamton, New York. Both pled guilty.
The investigation was conducted by the Federal Bureau of Investigation - Scranton and Binghamton offices. The case was prosecuted by Assistant United States Attorneys Michelle Olshefski and Todd Hinkley.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalties in this case include 25 years’ incarceration, plus an additional minimum of 7 years’ incarceration for the use of the firearm during the commission of a violent crime. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant
# # #
Scranton Man Pleads Guilty to 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 pleaded guilty today to a federal heroin distribution conspiracy charge before Senior United States District Court Judge A. Richard Caputo in Wilkes-Barre.
According to United States Attorney Peter Smith, Camilo Andujar, aka “Melo,” age 24, was indicted by a grand jury in October 2015 and pleaded guilty pursuant to a plea agreement filed by the government.
The charges stemmed 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 lived. Police seized approximately 91 grams of heroin, 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 is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
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 up to forty years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Federal Jury Convicts York Resident of Heroin Trafficking ConspiracyRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District Pennsylvania announced today that Andrew Alexander, age 31, York, Pennsylvania, was convicted yesterday of conspiring to trafficking heroin. The three-day trial was held before U.S. District Court Judge Yvette Kane.
According to United States Attorney Peter Smith, the jury returned with the verdict of guilty after approximately three hours of deliberation. The charge carries a maximum punishment of twenty years in prison. The jury found Alexander not guilty of the charge of drug possession with intent to distribute.
The case arose from a search warrant executed on a home in March 2013 by York City Police. During the search, police found 35 grams of crack cocaine, cocaine, and heroin. Most of the heroin – 900 bags – was found floating in a toilet.
Police officers and occupants of the home testified at trial. According to the witnesses, when Alexander heard police at the front door, he ran to the bathroom and tried to flush the heroin down the toilet.
Veronica Rivera and Andrew Gonzalez were also charged with drug trafficking crimes for their role in drugs found in this house. Both pled guilty to conspiracy to distribute drugs and are awaiting sentencing.
Police found, in the pants pocket of Alexander, what was described by witnesses as a “drug owe” sheet. Names on the sheet correspond to subjects prosecuted in the U.S. Attorney’s Office’s recent “Southside” racketeering prosecution, which has resulted in 21 convictions or guilty pleas to date.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department. The case was prosecuted by Assistant United States Attorneys Michael A. Consiglio 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.
# # #
Middletown Woman Indicted for Health Care FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that China Scott, age 45, of Middletown, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg for Health Care Fraud.
According to United States Attorney Peter Smith, between November 2015 and January 2016, Scott provided home health care services to a disabled individual through her employment at Cool Waters, a home health care agency located in Dauphin County. Scott allegedly failed to notify the agency that she is an excluded person, meaning that no payment could be made by a federal health care benefit program for services provided by her due to two previous health care fraud convictions.
The investigation was conducted by the U.S. Department of Health and Human Services and prosecution is assigned to Christy H. Fawcett.
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.
# # #
Former Wilkes-Barre Towing Contractor Charged with Mail Fraud and Filing A False Income Tax ReturnRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Leo Glodzik, age 45, of Wilkes-Barre has been charged in a Criminal Information filed today in the United States District Court in Scranton with Mail Fraud, Being a Felon in Possession of a Firearm, and Subscribing to a False Federal Income Tax Return.
According to United States Attorney Peter Smith, the charges, in part, arose as a result of a towing contract Glodzik’s firm, LAG Transport, Inc. (LAG), had with the City of Wilkes-Barre for the exclusive rights to tow all vehicles as requested by the City, and/or the Wilkes-Barre Police Department, and/or the city’s agents. The contract began in January 2005 and was ended in June 2013, after disclosures of complaints from residents related to LAG’s towing practices.
According to the charges in the Criminal Information, LAG towed vehicles throughout Wilkes-Barre as the result of accidents, police incidents or vehicle abandonment. Vehicles were towed to locations owned and controlled by Glodzik.
Glodzik allegedly devised a scheme to defraud lawful owners of the vehicles by charging excessive towing and storage fees for LAG’s services or intentionally hindering the owners’ access to their vehicles in a way that resulted in additional fees. This allegedly resulted in owners signing over title to vehicles to LAG or Glodzik to discharge the fees.
Glodzik then allegedly gained ownership of the vehicles through use of abandonment procedures administered by the Pennsylvania Department of Motor Vehicle (PennDot) to transfer ownership from registered owners to LAG. Forms were submitted to PennDot, using the U.S. Postal Service.
The forms submitted to PennDot stated that vehicles had a value of less than $500, when, in fact, the values were greater. This resulted in Glodzik being able to avoid legal advertisement of abandoned vehicles and payments to the Commonwealth of Pennsylvania of money received for vehicles sold at auctions that were above and beyond Glodzik’s own business costs.
As a result of the scheme, Glodzik allegedly enriched himself by unlawfully taking ownership of vehicles to which he was not entitled and using intentional misrepresentations to reduce his own expenses and costs.
The fraud scheme is set out in a mail fraud charge in the Criminal Information relating to a vehicle for which a notice of declaration of abandonment was mailed to PennDot in April 2011.
Glodzik is charged in the Criminal Information with Federal Income Tax Fraud, specifically, the filing of a federal tax return for 2008, in which he claimed zero taxable income, when, in fact, his actual taxable income for that year was allegedly $408,618.
The Criminal Information also charges Glodzik with being a convicted felon in possession of a firearm. The charge was part of an Indictment of Glodzik previously returned by a federal grand jury in Scranton in April 2015. The discovery of the firearms was pursuant to searches by agents of the Federal Bureau of Investigation and Internal Revenue Service Investigations.
The charges are the result of investigations by the Scranton Office of the Federal Bureau of Investigation, the Internal Revenue Service Investigations, and the Pennsylvania State Police into local government practices and contracting in Luzerne County. Prosecution is assigned to Assistant United States Attorneys Michelle Olshefski and John Gurganus.
Glodzik was also previously charged in the April 2015 federal indictment with bank fraud in connection with activities of the Wilkes-Barre City Employees Federal Credit Union. A former Wilkes-Barre City police officer and a former credit union employee were charged and pleaded guilty in that investigation. The government has agreed to dismiss the bank fraud charge against Glodzik as part of a plea agreement in the Criminal Information filed today. The agreement is subject to the approval of the court. No date has been scheduled for the entry of Glodzik’s plea.
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 the mail fraud federal statute is 20 years of imprisonment. The firearm charge is punishable by up to 10 years’ imprisonment, and the maximum penalty for the tax charge is three years’ imprisonment. Each crime is also punishable by 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.
# # #
California Man Federally Charged with Travel with Intent to Engage in Criminal Sexual Conduct and Coercion of A Minor to Engage in Sexual ActivityRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stephen Chang, age 27, from Los Angeles, California was indicted yesterday by a federal grand jury in Harrisburg for travel with intent to engage in criminal sexual conduct and coercion of sexual activity from a minor.
Chang was arrested at the Harrisburg International Airport on Saturday, March 5, 2016 and originally charged in a criminal complaint with three counts of travel with intent to engage in criminal sexual conduct.
According to United States Attorney Peter Smith, Chang allegedly began communicating with a minor female when she was only 13 years old. The communications began in August 2014 and continued until the day of his arrest. During these conversations, Chang enticed the juvenile to produce and send sexual exploitative images. Chang also traveled from Los Angeles, California to Elizabethtown, Pennsylvania on December 12, 2014, October 1, 2015 and March 4, 2016, to engage in sexual conduct with the minor. On January 29, 2016, police were notified by the National Center for Missing and Exploited Children in a CyberTipline report about Facebook communications between the minor residing in Elizabethtown, Pennsylvania and an adult male in California, later identified as Stephen Chang.
Chang appeared before U.S. Magistrate Judge Susan E. Schwab on March 7, 2016 for his initial appearance and preliminary hearing. Judge Schwab found probable cause to conclude that Chang traveled to Pennsylvania to engage in sexual conduct with a minor and ordered Chang temporarily detained pending a detention hearing on March 10, 2016. Chang was ordered detained at his detention hearing.
This case was investigated by the Federal Bureau of Investigation, the Lancaster County District Attorney’s Office, the Elizabethtown Police Department, the Northwest Regional Police Department, the Dauphin County District Attorney’s Office and the Harrisburg International Airport Police and demonstrates an excellent collaborative investigative effort to remove dangerous sexual predators from the street and protect the communities’ children. The federal charges are being prosecuted by Assistant United States Attorney Daryl Bloom.
If you have any information related to this case or believe you or someone you know may be a victim, you are encouraged to contact the Federal Bureau of Investigation at 717-232-8686.
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."
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 travel with intent to engage in criminal sexual activity is 30 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. The maximum penalty under federal law for coercion and enticement of sexual activity from a minor is life 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.
# # #
Two Inmates at Lewisburg Federal Prison Charged with AssaultRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that two inmates at the United States Penitentiary, Lewisburg, Pennsylvania, have been indicted today by a federal grand jury in Scranton for assaulting another inmate with a homemade weapon.
According to United States Attorney Peter Smith, the superseding indictment charges Kyle Stevens, age 25, and James Sweeney, age 39, with assault with a dangerous weapon and aiding and abetting. The charges stem from an incident in February 2016 in which Stevens and Sweeney allegedly assaulted another inmate with a sharpened piece of metal commonly known as a “shank.” The superseding indictment also charges Stevens with possessing contraband in prison.
Stevens was previously indicted by a federal grand jury in July 2016, for assaulting an inmate in February 2015. The superseding indictment issued today by the grand jury adds the new assault to the previous indictment.
The investigations were conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Prosecution is assigned to Assistant United States Attorney Robert J. O’Hara.
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.
# # #
New York Man Pleads Guilty to Child Sex TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 29-year-old Brooklyn, New York man pleaded guilty March 25, 2016 to sex trafficking of a minor before U.S. Magistrate Judge Karoline Mehalchick in Scranton.
According to United States Attorney Peter Smith, the defendant, Clinton Hayden a/k/a “Showtime,” admitted to recruiting, enticing, and transporting two minor females from Luzerne County to Brooklyn to engage in commercial sex acts.
Hayden was charged in an Information filed in December 2015, as a result of an investigation by agents of Homeland Security Investigations and the Pennsylvania State Police.
Hayden admitted that he recruited the minor females, posted photographs of them in advertisements on a website, and transported them to Brooklyn, where they engaged in prostitution at Hayden’s direction.
Hayden faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison. Judge Mehalchick ordered a pre-sentence investigation to be completed, and ordered Hayden to be detained in prison pending sentencing. Hayden will be sentenced by Senior U.S. District Court Judge Richard P. Conaboy at a later date.
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.
# # #
Three Individuals Arrested for Conspiracy to Distribute 5,588 Bags of HeroinRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport returned a two-count indictment charging two Philadelphia men and a Williamsport women with conspiracy to distribute and possess with intent to distribute 5,588 bags of heroin following their arrest by the Pennsylvania State Police on January 1, 2016 in Loyalsock Township, Lycoming County.
According to U.S. Attorney Peter Smith, the grand jury charged Stacy Donte Morgan, age 26, Samuel Darius Woodlyn, age 27, and Hadiyah Shadiah Bell-Evans, age 20 with conspiring to distribute and distribution of 100 grams or more of heroin. The indictment alleges that they utilized a rental vehicle and a motel room to store, transport and distribute heroin.
The federal investigation was conducted by the Federal Bureau of Investigation and the Pennsylvania State Police, with the assistance of the Lycoming County District Attorney’s Office. Assistant United States Attorney George J. Rocktashel has been assigned to the prosecution of this matter.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the sentencing judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the sentencing 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.
# # #