Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Health Care Fraud Charges and Plea Agreements Filed Against Tioga County Physician and Two OthersRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a criminal information has been filed in U.S. District Court in Scranton against Dr. John Terry, age 65, of Wellsboro, in connection with fraudulent prescriptions he wrote for Oxycodone, a Schedule II controlled substance.
According to U.S. Attorney Peter Smith, in April 2013, Dr. Terry allegedly caused Medicare to be billed for fraudulent prescriptions intended for Stephen Heffner, Jr., age 46, of Elkland, knowing that Heffner was not his patient and that the Oxycodone was not actually intended for Heffner but for Dr. Terry’s patient, David Hatch, age 28, of Addison, New York. Medicare paid for the prescription received by Heffner but actually delivered to Hatch.
Additionally, it is alleged that Dr. Terry provided prescriptions for quantities of Oxycodone and other narcotics to another patient, Thomas Ray, age 52, of Wellsboro, who he should have known was not seeking the drugs for legitimate medical purposes. Medicaid paid for medically unnecessary prescriptions written for Ray.
Heffner and Hatch were charged today with theft from the Medicare Program arising out of the same incident in separate criminal informations. The government also filed plea agreements with Terry, Hatch and Heppner. The agreements are subject to the approval of the court.
All three defendants were originally charged in an indictment together with Ray by a federal grand jury in August 2014. Ray previously pled guilty before U.S. District Court Chief Judge Christopher C. Conner and is scheduled to be sentenced on January 20, 2016.
The investigation was initiated in June 2013 by the Drug Enforcement Administration (DEA) drug diversion agents and the Department of Health and Human Services Office of Inspector General. During the execution of a federal search warrant at his office on July 8, 2013, Dr. Terry voluntarily agreed to surrender his medical license and his DEA registration.
The Pennsylvania State Police assisted in the investigation. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for health care fraud under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Bellefonte Man Charged with Possession of Child PornographyRead the Press Release
WILLIAMSPORT -The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert J. Elder, a resident of Bellefonte, Pennsylvania was charged today with Possession of child pornography in a Criminal Information filed in the U.S. District Court in Williamsport.
According to United States Attorney Peter Smith, Elder, age 39, allegedly committed the offense in August 2014 at his residence in Bellefonte.
The government is also seeking forfeiture of a computer, tapes, DVDs, hard drives and discs seized during the search of Elder’s residence. The government filed a plea agreement with the defendant which is subject to the approval of the court.
The investigation was conducted by the United States Postal Service as part of an investigation of a child pornography website. Assistant United States Attorney Wayne P. Samuelson is 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 statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under federal law is 20 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.
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Lancaster Resident Charged with Unemployment Compensation Benefits FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal charge was filed today in U.S. District Court in Harrisburg against Angel Luis Carrasco-Rivera for fraudulently obtaining unemployment benefits.
According to U.S. Attorney Peter Smith, Carrasco-Rivera, age 54, of Lancaster, was charged in a Criminal Information with mail fraud. The charge stems from Carrasco-Rivera filing claims for unemployment compensation benefits from 2008 through late 2012 with the Pennsylvania Department of Labor and Industry in Harrisburg. Carrasco-Rivera allegedly knew he was not entitled to those benefits because he was employed full time when he applied for and received them. Carrasco-Rivera allegedly obtained more than $102,000 in benefits to which he was not entitled during that four-year period.
The government also filed a plea agreement that calls for Carrasco-Rivera to plead guilty and also pay back the more than $102,000 he illegally obtained. The plea agreement is subject to the approval of the court.
This matter was investigated by the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, with assistance from the Pennsylvania Department of Labor and Industry, Internal Audits Division. Prosecution is assigned to Assistant U.S. Attorney James T. Clancy.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pipeline Company Field Office Manager Charged with Fraud and Aggravated Identity TheftRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an Indictment was returned by a grand jury in Scranton on December 15, 2015 indicting the former manager of the Dunmore Office of a pipeline company on charges that he defrauded his employer of $300,000 with wire fraud and aggravated identity theft.
Kevin L. Reese, age 27, a resident of Little Rock, Arkansas, is alleged to have defrauded Sheehan Pipe Line and Construction Company through a fraudulent payroll check scheme.
According to United States Attorney Peter Smith, the Indictment, which was unsealed today following Reese’s arrest, alleges that while managing a field office in Dunmore, Reese created and generated fraudulent payroll checks for Sheehan employees for time periods that began either before or after the employees worked for Sheehan. Reese allegedly created the payroll checks by unlawfully using the names of Sheehan employees, forged their names to the checks and used the money for his own personal gain. The scheme began in November 2014 and continued through August 2015 until the company discovered the fraud, conducted its own investigation and fired Reese.
Sheehan Pipe Line, which has its main office in Tulsa, Oklahoma, Reese was an office manager for the company from 2012 to 2015. His duties included oversight of company projects in the Scranton area and management of payroll. The fraudulent checks were allegedly cashed by Reese at an on site check cashing service set up by the company.
The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Michelle Olshefski.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. In this case, the maximum penalty under the federal statute for wire fraud is 20 years imprisonment and a $250,000 fine on each count. The maximum penalty under the federal statute for aggravated identity theft is 2 years imprisonment consecutive to the predicate crime, and a $250,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Jalil Abn Ameer Aziz Indicted for Providing Material Support to ISILRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jalil Ibn Ameer Aziz, 19, a U.S. citizen and resident of Harrisburg, was indicted by a federal grand jury in Scranton on charges of conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL). His detention hearing and arraignment is scheduled for 3:00 p.m. in Harrisburg on December 23, 2015 before United States Chief Magistrate Judge Martin C. Carlson.
According to U.S. Attorney Peter Smith, the Indictment alleges that from July 2014 to December 17, 2015, Aziz knowingly conspired to provide, and attempted to provide, material support and resources, including personnel and services, to ISIL, a designated foreign terrorist organization.
Aziz was initially charged WITH THE SAME OFFENSES in a detailed criminal complaint unsealed on December 17, 2015 following his arrest. According to the complaint, Aziz used at least 57 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIL propaganda and espouse pro-ISIL views. Aziz allegedly posted a hyperlink containing the names, addresses, and other identifying information of 100 reported members of the U.S. Military and calls for violence against them. On at least three occasions, Aziz allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL. In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL.
According to the allegations in the complaint, Aziz passed location information, including maps and a telephone number, between these ISIL supporters and a search of a backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified kitchen knife, a thumb drive, medication, and a balaclava (ski mask).
The case is being investigated by the FBI’s Joint Terrorism Task Force (JTTF), which includes the Pentagon Force Protection Agency and the Pennsylvania State Police, with assistance from the Harrisburg Bureau of Police. This case is being prosecuted by Assistant United States Attorney Daryl F. Bloom and by Trial Attorneys Robert Sander and Adam L. Small of the National Security Division’s Counterterrorism Section.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
The maximum penalty provided in the statute is 20 years imprisonment and a $250,000 fine. If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, and the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Veteran York County Police Officer Arrested on Federal Corruption ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a 17 year veteran police officer with the Fairview Township Police Department was arrested today by federal authorities on corruption charges.
According to United States Attorney Peter Smith, Officer Tyson Baker, age 41, Etters, was charged in a criminal complaint with violations of federal law relating to his conduct as a police officer.
In the complaint, the Federal Bureau of Investigation charged Baker with stealing money from drug traffickers who had been arrested, the subject of police traffic stops, or both. The specific federal statute is the Hobbs Act, which prohibits interfering with interstate commerce by force, violence or intimidation. Baker was also charged with removing evidence that was subject to seizure and providing false information to federal authorities.
The complaint also charges that, in November, Baker orchestrated the theft of $2,000 in drug proceeds seized by the Fairview Township Police Department during a search of a residence that had resulted in the seizure of several pounds of marijuana and approximately $14,000. The FBI recorded conversations with Baker allegedly regarding the theft. The criminal complaint also alleges that Baker discussed robbing drug traffickers of drug proceeds during traffic stops.
According to the complaint, on December 16, 2015 the FBI, with the full cooperation of the Fairview Township Police Department, arranged for a vehicle operated by an undercover FBI agent to be stopped. It is alleged that Baker had the vehicle towed from the scene and, without a warrant and in spite of directions not to search the vehicle, allegedly searched the vehicle and stole $3,000 concealed in the vehicle.
The case is being investigated by the Federal Bureau of Investigation, Harrisburg Resident Office, the Pennsylvania State Police, the Pennsylvania Office of Attorney General, and the Fairview Township Police Department.
Prosecution of the case is assigned to Assistant United States Attorney William A. Behe.
Baker’s initial appearance is scheduled for 3:00 p.m. before Chief U.S. Magistrate Judge Martin C. Carlson in Harrisburg
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 under federal law is 20 years on the Hobbs Act charge, and 5 years on each of the two other counts of the complaint. There is also a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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York County Man Charged with Using Skimming Device to Commit Bank Fraud and Identity TheftRead 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 charged Jeshua Paonessa-Velez, age 24, a York City resident with bank fraud and identity theft. Paonessa-Velez is not in custody.
According to U.S. Attorney Peter Smith, the indictment charges that between November 1 and November 7, 2014, Paonessa-Velez devised a scheme to obtain money from Adams County National Bank by placing a “skimming” device on one of the bank’s ATMs, capturing identification information of bank customers using that ATM, loading that information onto access devices, and making purchases with those access devices.
The indictment also charges Paonessa-Velez with 12 counts of aggravated identity theft for stealing the means of identification of 12 of the bank’s customers.
This matter was investigated by the Harrisburg Resident Office of the United States Secret Service and the Southwestern Regional (York County) Police Department. Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.
The Adams County National Bank and the retail establishments where Paonessa-Velez allegedly made the purchases using the stolen identities cooperated in the investigation. The bank reimbursed all of the affected customers for the losses to their accounts.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the bank fraud offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The penalty for aggravated identity theft is 2 years of imprisonment consecutive to any sentence imposed for the underlying bank fraud offense. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Previously Convicted Felons Charged with Illegal Re-EntryRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Martinez-Gomez, age 29, Alexis Alvarado-Diaz, age 20, and Santos Aguilar-De Leon, age 30, natives and citizens of Mexico, were indicted separately yesterday by a federal grand jury in Harrisburg on illegal re-entry charges.
According to United States Attorney Peter Smith, Martinez-Gomez is charged with illegal re-entry into the United States by a previously deported alien. Martinez-Gomez was previously convicted of the same felony offense in New York – illegal re-entry by a deported alien – and removed from the United States in 2014. That conviction and removal followed another removal in 2008.
Alvarado-Diaz is charged with illegal re-entry into the United States by a previously deported alien. He was previously convicted of the same felony offense in New Mexico – illegal re-entry by a deported alien – and removed from the United States in 2014.
Both cases were investigated by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.
Aguilar-De Leon is charged with illegal re-entry into the United States by a previously deported alien. He was deported on three previous occasions. Aguilar-De Leon was deported from Harrisburg in 2010, from Tucson Arizona in 2010, and again from Harrisburg in 2014. He was also previously convicted of improperly entering the United States in 2010 and again for re-entering the United States after having been previously deported in 2014.
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 and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Men Indicted in Case Involving Distribution of Heroin Resulting in Death and Maintaining A Drug EstablishmentRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted three men, two for distributing heroin and crack cocaine in York that led to the death of a York City man and a third man for operating and maintaining a home in York for purposes of facilitating drug trafficking.
According to United States Attorney Peter Smith, Dameon Lattimore, age 39, of Harrisburg, York and New York, Yushonda Durant, age 40, of York and New York, and Frederick Gladfelter, age 46, of York, were charged in an indictment by a federal grand jury in Harrisburg in November 2015.
Lattimore and Durant were charged with distributing heroin and crack cocaine and conspiracy, they were also charged with the unlawful distribution of heroin and crack cocaine on January 21, 2015 that allegedly caused the death of an individual. Gladfelter was charged separately for allowing his home on Harding Court, York to be used by Lattimore and Durant for unlawful use and distribution of controlled substances.
The indictment remained under seal until yesterday to allow investigators to locate and arrest the defendants. Lattimore was arrested on December 15 in New York City by the United States Marshals. Gladfelter was arrested by the United States Marshals on December 16th in York. Durant remains a fugitive.
The investigation was conducted by the Drug Enforcement Administration, the York City Police Department and the York County District Attorney’s Office and is assigned to Assistant U.S. Attorney William A. Behe.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment on the drug charges. The charge of causing death from drug distribution carries a mandatory minimum 20 year term of imprisonment. The maximum penalty on the charge of maintaining and operating a drug distribution premises is 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pennsylvania Resident Charged with Providing Material Support to ISILRead the Press Release
A Harrisburg, Pennsylvania, resident was arrested today on charges of conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL). Jalil Ibn Ameer Aziz, 19, a U.S. citizen, is charged in a two-count criminal complaint that was unsealed today in the U.S. District Court for the Middle District of Pennsylvania following his arrest. His initial appearance will be at 4:30 p.m. EST in Harrisburg.
The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Peter J. Smith of the Middle District of Pennsylvania and Special Agent in Charge William F. Sweeney Jr. of the FBI’s Philadelphia Division.
“According to the allegations in the complaint, Jalil Ibn Ameer Aziz conspired to provide and attempted to provide material support to ISIL by propagating their hateful rhetoric on social media and aiding individuals in their pursuit of traveling overseas to join the designated foreign terrorist organization,” said Assistant Attorney General Carlin. “A prior physical search of Aziz’s residence also revealed a tactical-style backpack in his closet, which contained high-capacity weapons magazines, ammunition, a knife, and other survival items. The National Security Division’s highest priority is counterterrorism, and we will remain vigilant in our efforts to hold accountable any and all those who seek to provide material support to terrorists, and to disrupt potential attacks in the United States before they happen.”
“The charges in this case focus on Aziz’s efforts to assist persons seeking to travel to and fight for the Islamic State,” said U.S. Attorney Smith. “These charges are a testament to the perseverance and dedication of those who stand watch over our nation and a clear message that those who support terrorism – will face justice.”
“The FBI’s Joint Terrorism Task Force (JTTF) will move with speed to detect and disrupt those who are involved in facilitation or operational planning in support of a terrorist organization. There is no difference between the two, and we will aggressively pursue every threat in order to protect our communities,” said Special Agent in Charge Sweeney. “In this instance, Aziz operated quietly on behalf of the Islamic State and facilitated others looking to do the same.” Sweeney extended his appreciation to the Harrisburg-based members of FBI Philadelphia’s JTTF, and he encouraged anyone with concerns about suspicious behavior to contact appropriate authorities.
According to the complaint, Aziz has used at least 57 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIL propaganda and espouse pro-ISIL views. Aziz is alleged to have posted a hyperlink containing the names, addresses and other identifying information of 100 reported members of the U.S. military and calls for violence against them. Additionally, on at least three occasions, Aziz also allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL. In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL. According to the allegations in the complaint, Aziz passed location information, including maps and a telephone number, between these ISIL supporters.
A prior search of a backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified kitchen knife, a thumb drive, medication and a balaclava.
A criminal complaint is only a charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendants’ sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, and the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being investigated by the FBI’s Philadelphia JTTF. This case is being prosecuted by Trial Attorneys Robert Sander and Adam L. Small of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Daryl Bloom of the Middle District of Pennsylvania.
Aziz Complaint
Pennsylvania Resident Charged with Providing Material Support to IsilRead the Press Release
HARRISBURG - A Harrisburg, Pennsylvania, resident was arrested today on charges of conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL). Jalil Ibn Ameer Aziz, 19, a U.S. citizen, is charged in a two-count criminal complaint that was unsealed today in the U.S. District Court for the Middle District of Pennsylvania following his arrest. His initial appearance will be at 4:30 p.m. in Harrisburg.
The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Peter J. Smith of the Middle District of Pennsylvania and Special Agent in Charge William F. Sweeney Jr. of the FBI’s Philadelphia Division.
“According to the allegations in the complaint, Jalil Ibn Ameer Aziz conspired to provide and attempted to provide material support to ISIL by propagating their hateful rhetoric on social media and aiding individuals in their pursuit of traveling overseas to join the designated foreign terrorist organization,” said Assistant Attorney General Carlin. “A prior physical search of Aziz’s residence also revealed a tactical-style backpack in his closet, which contained high-capacity weapons magazines, ammunition, a knife and other survival items. The National Security Division’s highest priority is counterterrorism, and we will remain vigilant in our efforts to hold accountable any and all those who seek to provide material support to terrorists, and to disrupt potential attacks in the United States before they happen.”
“The charges in this case focus on Aziz’s efforts to assist persons seeking to travel to and fight for the Islamic State,” said U.S. Attorney Smith. “These charges are a testament to the perseverance and dedication of those who stand watch over our nation and a clear message that those who support terrorism – will face justice.”
“The FBI’s Joint Terrorism Task Force (JTTF) will move with speed to detect and disrupt those who are involved in facilitation or operational planning in support of a terrorist organization. There is no difference between the two, and we will aggressively pursue every threat in order to protect our communities,” said Special Agent in Charge Sweeney. “In this instance, Aziz operated quietly on behalf of the Islamic State and facilitated others looking to do the same.” Sweeney extended his appreciation to the Harrisburg-based members of FBI Philadelphia’s JTTF, and he encouraged anyone with concerns about suspicious behavior to contact appropriate authorities.
According to the complaint, Aziz has used at least 57 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIL propaganda and espouse pro-ISIL views. Aziz is alleged to have posted a hyperlink containing the names, addresses, and other identifying information of 100 reported members of the U.S. Military and calls for violence against them. Additionally, on at least three occasions, Aziz allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL. In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL. According to the allegations in the complaint, Aziz passed location information, including maps and a telephone number, between these ISIL supporters.
A prior search of a backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified kitchen knife, a thumb drive, medication, and a balaclava.
A criminal complaint is only a charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendants’ sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, and the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being investigated by the FBI’s JTTF, which includes the Pentagon Force Protection Agency and the Pennsylvania State Police, with assistance from the Harrisburg Bureau of Police. This case is being prosecuted Assistant United States Attorney Daryl F. Bloom and by trial Attorneys Robert Sander and Adam L. Small of the National Security Division’s Counterterrorism Section.
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Statement of U.S. Attorney Peter Smith
The Aziz case will proceed in federal court in accordance with the law.
The announcement of the charges in this case, as well as in any other terrorism case, must not cause us to give in to fear or unreasonable anger.
Every day, thousands of law-abiding Muslims in Central Pennsylvania work, raise families, attend school, shop, travel and associate with their neighbors and communities peacefully, while at the same time observing their own religious beliefs and ethnic heritage.
The acts and doctrines of violent and delusional terrorists must not become an excuse for hasty or emotional acts of hostility, bigotry or violence in our own society. Such actions only serve the interests of the terrorists and violent extremists – they are part of what they want to achieve.
Violations of civil rights, hate crimes, and threats against individuals, Muslim communities or any other ethnic group, will be investigated and prosecuted by federal authorities just as are acts of terrorism or aiding it.
We must be alert, responsible and smart, as demonstrated by the actions of the FBI and other agencies in this case. Continuing to work with and through federal, state and local law enforcement while applying the law properly are the best and surest ways to fight and defeat terrorism.
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Harrisburg Man Charged with Possession of A Weapon in Furtherance of Heroin TraffickingRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal Grand Jury in Harrisburg returned an indictment yesterday charging Jamar McMillan, age 31, with possession with the intent to distribute heroin and possession of a weapon in furtherance of a drug trafficking crime.
According to United States Attorney Peter Smith, McMillan, a resident of Dauphin County is also charged with possessing a firearm after having been previously convicted of a felony offense.
This case arose as a result of an arrest of McMillan in August 2015, and an investigation by the Harrisburg Police Department Vice Unit and the Federal Bureau of Investigation. Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour.
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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Sentenced to 30 Months in Federal Prison for Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Monroe County man was sentenced to 30 months’ imprisonment by Senior United States District Judge Edwin M. Kosik in Scranton for aiding and abetting the distribution of heroin.
According to United States Attorney Peter Smith, Harry Rivera, age 39, of East Stroudsburg, pleaded guilty in July 2015 to the charges of aiding and abetting the possession with intent to distribute heroin. Rivera and another man, Joseph Crawford, age 41, of Marshalls Creek, were indicted by a grand jury in Scranton in November 2014. The charges stemmed from an incident on June 17, 2014, in Monroe County, in which investigators found approximately 97 grams of heroin within a hidden compartment in a vehicle in which Rivera and Crawford were travelling.
In addition to the prison term, Judge Kosik also ordered that Rivera be supervised by a probation officer for three years following his release from prison.
Previously, Joseph Crawford was sentenced to 37 months’ imprisonment by Judge Kosik on charges of possession with intent to distribute heroin and being a convicted felon in possession of a firearm. The firearms charge resulted from a search of Crawford’s residence in Marshalls Creek in which police seized a Glock pistol and a Smith & Wesson rifle. Crawford, who was previously convicted of a felony offense, is prohibited by law from possessing a firearm.
The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain Regional Police Department and the Stroud Area Regional Police Department.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
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Mexican National Indicted for Transporting Three Individuals Who Unlawfully Entered and Remained in the United StatesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Esau Garcia-Patino, for transporting three individuals who unlawfully entered and remained in the United States.
According to U.S. Attorney Peter Smith, the indictment charges that on October 20, 2015, Garcia-Patino, a 23year old Mexican national, was stopped by State Police in Cumberland County and found to be aiding and transporting three individuals within the United States who unlawfully entered and remained in the United States. Garcia-Patino remains in custody.
The matter was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and the Pennsylvania State Police. The case is being prosecuted by Assistant U.S. Attorney Christy H. Fawcett.
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. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexican National Indicted for Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Manuel Valadez-Mirales, for illegally re-entering the United States after having been previously deported.
According to U.S. Attorney Peter Smith, Valadez-Mirales, a 46 year old Mexican national, was deported in 2003 and illegally re-entered the United States at some point prior to November 13, 2015.
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.
The maximum penalty under federal law is 2 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Charged with Heroin Distribution and Possession of A Weapon in Furtherance of A Drug Trafficking CrimeRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg has returned an indictment charging Peter Fragoso, age 18, with distribution of heroin and the possession of a weapon in furtherance of a drug trafficking crime. Fragoso, a resident of Dauphin County, is also charged with possessing a firearm with an obliterated serial number.
According to United States Attorney Peter Smith, Fragoso was arrested while allegedly participating in a drug trafficking transaction in Harrisburg in June 2015.
This matter was investigated by the Pennsylvania State Police and the Federal Bureau of Investigation. Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour.
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 life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Virginia Woman Sentenced to 24 Months in Federal Prison for Aggravated Identity TheftRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Adrea Cannon, age 22, of Portsmouth, Virginia was sentenced today to 24 months’ imprisonment by District Court Judge A. Richard Caputo in Scranton. She was also ordered to pay restitution in the amount of $6,104.41.
According to United States Attorney Peter Smith, Cannon was charged in a Criminal Complaint in April 2014. On January 30, 2015, Cannon appeared in federal court in Wilkes-Barre and pleaded guilty to a Criminal Information alleging that on March 12, 2014, Cannon possessed and used the identity of another person during the crime of access device fraud.
The investigation was conducted by the United States Secret Service and was prosecuted by Assistant United States Attorney Michelle Olshefski.
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New York Man Charged with Child Sex TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed today charging a Brooklyn, New York man with sex trafficking of a minor.
According to United States Attorney Peter Smith, the Information alleges that Clinton Hayden a/k/a “Showtime,” age 28, recruited, enticed, and transported two minors from Wilkes-Barre to New York to engage in commercial sex acts between May and December of this year. Hayden was taken into custody on December 3, 2015 in Jersey City, N.J.
The government also filed a plea agreement in the case which is subject to the approval of the court.
The charge stems from an investigation by agents of Homeland Security Investigations and the Pennsylvania State Police.
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.
If convicted, Hayden faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Indiana Resident Charged with Mailing Illegal Drugs to Allenwood InmateRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a charge of attempted distribution of controlled substances was filed yesterday against Nancy Finzen, a resident of Indianapolis, Indiana.
According to United States Attorney Peter Smith, Finzen, age 45, is charged in a criminal information with attempting to distribute narcotics to an inmate at United States Penitentiary -Allenwood by mailing envelopes to the inmate with drugs containing suboxone, a narcotic substance, in them between May 2014 and March 2015. At the time, Finzen was employed as a postal carrier in Indianapolis. The government also filed a plea agreement with the defendant which is subject to the approval of the court.
The investigation was conducted by the Federal Bureau of Investigation, and the Federal Bureau of Prisons Special Investigative Service. Assistant United States Attorney Wayne P. Samuelson is 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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is ten years 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 an accurate indicator of the potential sentence for a specific defendant.
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Carbon County Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON. The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton has indicted a Palmerton, Pennsylvania resident for drug trafficking and firearm offenses.
According to United States Attorney Peter Smith, the indictment charges Donald C. Fritz, Jr., age 43, with distribution of, and possession with intent to distribute, crystal methamphetamine. The indictment also charges Fritz with possessing six firearms in furtherance of a drug trafficking crime including a firearm with obliterated serial numbers.
The investigation was conducted by Homeland Security Investigations and the Pennsylvania Office of the Attorney General. The case is being prosecuted by Assistant United States Attorney Phillip J. Caraballo.
Indictments contain only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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California Man Sentenced to 151 Months in Prison for Transporting Heroin to Monroe CountyRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 36-year-old California resident was sentenced to 151 months (12 years and seven months) in prison today by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for transporting heroin from California to Pennsylvania.
According to United States Attorney Peter Smith, the defendant, Francisco Martinez-Rubio, a citizen of Mexico who was living in Fresno, California at the time of his arrest, admitted to transporting 23 kilograms of heroin from California to the Mt. Pocono area of Monroe County in July 2014.
Martinez-Rubio was indicted by a federal grand jury in July 2014, as a result of an investigation by the Drug Enforcement Administration and the Pennsylvania State Police. He pleaded guilty on September 8, 2015, to possession with intent to distribute more than one kilogram of heroin.
Judge Conaboy ordered Martinez-Rubio to serve five years on supervised release following his prison sentence. Martinez-Rubio also faces possible deportation after serving his prison sentence.
Previously, Judge Conaboy sentenced co-defendants Jose Rosario Huizar-Rios to 46 months in prison, Livier Cantor-Huizar to 41 months in prison, and Yolanda Barreto-Rincon to 57 months in prison. Martinez-Rubio recruited those co-defendants to help him transport the drugs.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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Bethlehem Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton has indicted a man from Bethlehem, Pennsylvania for drug trafficking and firearm offenses.
According to United States Attorney Peter Smith, the indictment charges Clyford Francois, age 36, with possession with intent to distribute cocaine in May 2015. The indictment also charges Francois, a convicted felon, with possessing two firearms in furtherance of his drug trafficking activities. Francois was initially taken into custody by Hanover Township Police on a traffic stop.
The investigation is being conducted by the Bureau of Alcohol, Tobacco and Firearms Enforcement, the Federal Bureau of Investigation, and the Hanover Township Police Department. The case is being prosecuted by Assistant United States Attorney Phillip J. Caraballo.
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 contain only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Williamsport Man Indicted Federally for Heroin and Firearms ViolationsRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Williamsport man was indicted today by a federal grand jury for heroin trafficking and possession of firearms in furtherance of drug distribution.
According to United States Attorney Peter Smith, the grand jury alleges that Michael Wright, age 22, by himself and acting with others, engaged in deliveries of heroin in Williamsport in 2015. A search of Wright’s apartment in July 2015, allegedly uncovered over 400 packets of heroin packaged for sale, as well as a revolver and a semi-automatic handgun. A third handgun with an obliterated serial number was allegedly recovered from Wright at the time of his arrest.
The charges stem from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Williamsport Bureau of Police, and the Lycoming County District Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Geoffrey MacArthur.
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.
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 up to life imprisonment, a term of 3 years supervised release following imprisonment, and a $250,000 dollar fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Postal Employee Sentenced to 12 Months in Federal Prison for Use of Mail to Distribute DrugsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Edward Larry Kline II, age 50, of Selinsgrove, Pennsylvania was sentenced today to 12 months in federal prison by U.S. District Court Judge Yvette Kane in Harrisburg for attempted possession with intent to distribute marijuana.
According to U.S. Attorney Peter Smith, Kline was charged in January 2015 and pleaded guilty to attempted possession with intent to distribute marijuana in June 2015.
Kline was employed by the United States Postal Service at the Lewisburg, Pennsylvania post office. Between May and September 2014, Kline began receiving parcels which contained marijuana sent from California to his rented Post Office box at the Lewisburg post office. Three of the parcels were opened pursuant to federal search warrants and contained almost 20 kilograms of marijuana. Evidence established that Kline had received at least four additional parcels containing marijuana weighing over 22 kilograms. One kilogram weighs approximately 2.2 pounds. Kline resigned from his position at the post office.
The investigation was conducted by the United States Postal Inspection Service, the United States Postal Service, Office of Inspector General and the Pennsylvania State Police and was prosecuted by Assistant United States Attorney Daryl F. Bloom.
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Monroe County Man Sentenced to 30 Months in Prison for Federal Methamphetamine Trafficking ChargeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man was sentenced today to 30 months’ imprisonment by Senior United States District Judge Edwin M. Kosik, for his role in a methamphetamine-trafficking ring.
According to United States Attorney Peter Smith, Fred Baumgartner, age 34, of Kresgeville, Monroe County, pleaded guilty in May 2015 to the charge of conspiracy to distribute methamphetamine.
Baumgartner was one of seven individuals indicted by a federal grand jury in April 2014, after an investigation conducted jointly by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain and the Stroud Regional Police Departments regarding methamphetamine trafficking in the Monroe County area.
Previously, Emmanuel Tucker, age 39, of Stroudsburg, was sentenced to 41 months in prison for participating in the same methamphetamine trafficking conspiracy. In addition, Scott Borushak, age 51, of Stroudsburg, previously entered a guilty plea and is awaiting sentencing. The charges against the remaining defendants are currently pending.
In addition to the prison term, Senior Judge Kosik also ordered that Baumgartner be supervised by a probation officer for three years following his release from prison.
The cases are being prosecuted by Assistant United States Attorney Robert J. O’Hara.
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Federal Inmate Sentenced for Possession of ShankRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dwayne Parker, age 31, a federal prisoner formally housed at the Federal Correctional Institute, Schuylkill was sentenced yesterday by U.S. District Court Judge Malachy E. Mannion in Scranton, for possession of a prohibited object in prison.
Judge Mannion sentenced Parker to 27 months imprisonment for possessing a shank in prison. Judge Mannion ordered that the sentence be run consecutively to Parker’s current 15 year federal sentence which he received as a result of a conviction for being a felon in possession of a firearm in the Eastern District of Pennsylvania.
According to United States Attorney Peter Smith, Parker was charged in a Criminal Indictment on June 2, 2015, and entered a guilty plea to that Indictment today just prior to being sentenced by Judge Mannion upon joint motion of the parties.
The case was investigated by the Bureau of Prisons and the Federal Bureau of Investigations. Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.
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Pittston Man Indicted for Heroin Trafficking and Firearm OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Pittston man was indicted yesterday by a federal grand jury in Scranton on heroin trafficking and firearm offenses.
According to United States Attorney Peter Smith, the indictment charges Samuel Lombardo, age 50, with distributing and possessing with intent to distribute heroin in Pittston on two occasions in August of 2015. The indictment also charges Lombardo with possessing a firearm in furtherance of his heroin trafficking activities.
The charges stem from a joint investigation between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kingston Police Department in which Lombardo allegedly sold heroin on two occasions in August of 2015. When Mr. Lombardo was stopped he had 7 additional bags of heroin and a loaded .25 caliber semi-automatic Armi Tanfolio handgun inside of his vehicle.
The investigation of these cases was conducted by the ATF, working in conjunction with the Kingston Police Department. The prosecution is assigned to Assistant United States Attorney Evan Gotlob.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a districtwide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
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.
Lombardo faces a minimum of 5 years and up to a lifetime term of incarceration as well as fines totaling $3,250,000.
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.
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New York Man Sentenced to 10 Years in Prison for Conspiracy to Distribute Kilograms of Cocaine and Failure to Appear in CourtRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a New York City man was sentenced to 122 months (10 years) imprisonment by U.S. District Court Judge Yvette Kane in Harrisburg for conspiracy to distribution multiple kilograms of cocaine and for failure to appear in court.
According to United States Attorney Peter Smith, Jonathan G. Almanzar, age 35, was charged in October 2005 with conspiracy to distribute and possess with intent to distribute cocaine hydrochloride. Almanzar and three others also from New York City were arrested in October 2005 at the Perkins restaurant on Linglestown Road in Harrisburg. They were there ostensibly to conduct a drug deal for 25 to 50 kilograms of cocaine. Almanzar and his co-defendants were in possession of $37,940 in United States currency. The transaction was under surveillance by federal and state agents and all were arrested at the scene.
Almanzar signed a plea agreement in July 2006. He was on bail and subsequently failed to appear in United States District Court for a scheduled guilty plea proceeding so an arrest warrant issued. Almanzar remained a fugitive for approximately 9 years until he was located and arrested in New York City in March 2015. In July 2015, a criminal Information was filed charging Almanzar with failure to appear. Almanzar plead guilty to all charges in July 2015.
The case was investigated by the Harrisburg Resident Office of the Drug Enforcement Administration, the Pennsylvania State Police, the Dauphin County Drug Task Force and the United States Marshals Service. Assistant United States Attorney William A. Behe prosecuted the case.
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Physician’s Assistant and Husband Charged with Conspiracy to Unlawfully Distribute OxycodoneRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the former assistant to a York physician and her husband were charged in U.S. District Court with conspiracy to obtain and distribute up to 20,000 units of oxycodone through fraud and forgery.
According to United States Attorney Peter Smith, Amy Schneider, age 29, and Joseph Schneider, age 29, both of York, were charged in a Criminal Information with conspiracy and distribution of oxycodone. Amy Schneider is also charged with illegally using a Drug Enforcement registration to obtain a controlled substance. Joseph Schneider is charged with acquiring a prescription by fraud or forgery.
The government also filed a plea agreement in the case which recommends that Amy and Joseph Schneider should be held responsible for between 10,000 and 20,000 units (tablets) of oxycodone. The plea agreement is subject to the approval of the Court.
Amy Schneider was the office manager for a physician practicing in York. She was permitted to use pre-signed prescription forms each week. The forms, intended to be used to write prescriptions for refills for patients, were fraudulently used to obtain oxycodone tablets for the Schneiders.
Beginning in approximately January 2014 and continuing until May 2015, Amy Schneider allegedly wrote prescriptions for Joseph Schneider who allegedly took the forms to pharmacies to be filled. The oxycodone tablets were then divided between Amy and Joseph Schneider. Some of the tablets were distributed to others.
The case was investigated by the Drug Enforcement Administration (DEA) and is assigned to Assistant U.S. Attorney Christy H. Fawcett.
The U.S. Attorney’s Office and DEA are continuing to investigate the handling of prescriptions by Defendant Amy Schneider’s employer.
Criminal conspiracy to distribute a controlled substance and distribution and possession with intent to distribute a controlled substance both carry a maximum penalty of 20 years’ imprisonment, a $1 million fine, and a life term of supervised release. The offense of unlawful use of a DEA number is punishable by up to four years’ imprisonment, a $250,000 fine, and three years of supervised release. Acquiring a controlled substance by fraud or forgery is punishable by a maximum sentence of four years’ imprisonment, a $250,000 fine, and three years’ supervised release.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Sentenced to 4 Years in Prison for Five Bank Robberies in Pennsylvania and New JerseyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man was sentenced to 4 years imprisonment by U.S. District Court Judge Yvette Kane in Harrisburg for committing five bank robberies in two states.
According to United States Attorney Peter Smith, Dylan Blum, age 22, previously pled guilty to the December 9, 2014 robbery of the Mid Penn Bank on North Front Street in Harrisburg in which $1,358 was stolen. Blum was also charged in July 2015 with the robberies of four additional banks in December of 2014 and January of 2015 in Northampton County, Pennsylvania and in New Jersey. Blum passed a threatening note to tellers during three of those robberies. He attempted to rob another bank but was prevented by employees from entering that bank. Blum made off with a total of $5,788 from the three banks he was able to rob. Blum turned himself in to the Harrisburg Police department on January 3, 2015 and remains in custody.
Blum was sentenced to 4 years imprisonment for each robbery with the sentences to be served concurrently. Judge Kane also ordered Blum to make restitution to the banks he robbed in the amount of $7,146.
The case was investigated by the Harrisburg Police Department and the Federal Bureau of Investigation. Assistant United States Attorney William A. Behe prosecuted the case.
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Former Scranton Businessman Sentenced to 46 Months in Prison for Failing to Surrender and on Firearm ChargesRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joseph P. Donahue, age 61, was sentenced today to 46 months (3 years and 10 months) in prison by United States District Court Judge A. Richard Caputo in Wilkes-Barre. Donahue was convicted on September 2, 2015, of failing to surrender for service of a federal sentence, being a felon in possession of a firearm, being a fugitive from justice in possession of a firearm, and possession of a stolen firearm after a seven-day jury trial. The 46 month sentence is to be served consecutive to the sentence in the previous case.
According to United States Attorney Peter Smith, Donahue was previously convicted in March 2010 of bank fraud, money laundering, false statements and credit card fraud after a two week trial. In December 2010, United States District Court Judge James M. Munley sentenced Donahue to 121 months’ incarceration and ordered Donahue to surrender himself to begin serving that sentence on January 4, 2011. Donahue failed to report and a warrant for his arrest was issued. He was apprehended on January 20, 2011, by United States Marshals in Los Cruces, New Mexico when he was at a motel under an assumed identity and in possession of a stolen firearm.
At trial Donahue’s defense, in part, was that he failed to surrender to begin serving his sentence because he feared that he was being unfairly prosecuted by the government. He denied any knowledge of the firearm. The jury returned a verdict of guilty on all counts after deliberating approximately 3 hours.
The evidence at the 2010 trial proved that Donahue recruited shareholders, investors and partners in businesses that the defendant owned and controlled, offering them, in exchange for their paying a share of the operating expenses, a share in the profits. Donahue obtained credit cards from financial institutions, putting the credit cards in the names of the investors, for the purpose of paying for operating expenses.
Unknown to the investors, Donahue obtained additional credit cards and loans from financial institutions in the investors’ names by obtaining on-line credit card applications and by forging their names on the applications. Donahue then used these fraudulently-acquired credit cards to incur expenses to which the investors had not consented and for which they would be liable. By forging the investors' names to loan applications, Donahue also committed bank fraud and money laundering.
Donahue has been convicted three times within 26 years by three different federal juries in the Middle District of Pennsylvania and received prison sentences from three separate federal judges. He was previously convicted after a 1989 federal trial of conspiracy and failure to comply with monetary reporting requirements. That trial involved evidence that Donahue conspired with drug trafficker Frederick “Rik” Luytjes to smuggle millions of dollars out of the United States while avoiding reporting requirements and tax consequences for Luytjes. United States District Court Judge Richard P. Conaboy sentenced Donahue to a two year term of imprisonment for those crimes.
The investigation was a collaborative effort between the United States Marshals Service and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Todd K. Hinkley and Michelle L. Olshefski.
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Scranton Woman Pleads Guilty in Federal Court to Acting as Getaway Driver for Two Area Bank RobberiesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Stephanie Ann Ware, age 25, of Scranton, pleaded guilty yesterday to aiding and abetting the robbery of two banks by acting as a getaway driver.
According to U.S. Attorney Peter Smith, Ware pleaded guilty before United States District Court Judge Robert D. Mariani in Scranton. Ware admitted to charges contained in a Criminal Information alleging that she aided in the commission of the following:
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the robbery of the NBT Bank, Dickson City, Pennsylvania, on July 25, 2014;
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the robbery of the Mauch Chunk Trust Bank, Tamaqua, Pennsylvania, on August 26, 2014;
The case against Lee Sokalsky, who was also charged with the robberies, is pending trial.
The case was investigated by the Federal Bureau of Investigation, the Hazleton, Rush Township, and Dickson City Police Departments, the Pennsylvania State Police, and the Scranton Police Department. 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 for each robbery is 20 years’ imprisonment. Ware faces 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.
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New York Man Sentenced to 60 Month Federal Prison Term for Cocaine DistributionRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wesley Jackson, age 52, New York, NY was sentenced to 60 months by Chief United States District Court Judge Christopher C. Conner in Harrisburg, for unlawful distribution of cocaine.
According to United States Attorney Peter Smith, Jackson pled guilty in August 2015 to unlawfully distributing approximately a half of kilogram of cocaine from September to November 2014.
Jackson was indicted by a federal grand jury in December 2015, as a result of an investigation by the Drug Enforcement Administration’s Harrisburg Resident Office and the Harrisburg Police Department. Prosecution of the case was assigned to Assistant United States Attorney William A. Behe.
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Harrisburg Man Indicted on Heroin and Cocaine Trafficking ChargesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man has been indicted by a federal grand jury in Harrisburg on multiple charges involving the unlawful distribution of controlled substances.
According to United States Attorney Peter Smith, Curtis Waldron, age 40, was charged in a two count indictment with unlawfully distributing heroin, cocaine and marijuana on October 2, 2015, and with possessing with the intent to distribute heroin, cocaine and crack cocaine since at least January 2015.
The case was investigated by the Harrisburg Resident Office of the Drug Enforcement Administration, the Harrisburg Police Department, Dauphin County Drug Task Force and the Dauphin County Probation Office. Prosecution of the case has been assigned to Assistant United States Attorney William A. Behe.
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 on each count is 40 years of imprisonment as well as a 5 year mandatory minimum term of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Bradford County Man Charged with Conspiracy to Distribute Bath SaltsRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a one-count information was filed yesterday in the U.S. District Court for the Middle District of Pennsylvania charging Mark Marcoccia of Towanda, Pennsylvania with conspiracy to distribute bath salts.
According to United States Attorney Peter Smith, the information alleges that Marcoccia conspired with Justin Johnson to distribute quantities of the controlled substance analogue pyrrolidinopentiophenone (α-pvp), also known as bath salts. The information alleges that Marcoccia and Johnson distributed bath salts and kept and concealed proceeds from the sales of that substance to purchase additional quantities of bath salts for distribution and sale and to purchase real estate and a boat.
Pursuant to the terms of the plea agreement filed with the information, Marcoccia, age 51, has agreed to plead guilty to the criminal charge and also agreed to the criminal forfeiture of the cash sum of $100,000 reflecting the amount of his interest in property derived from the distribution of bath salts. Johnson previously entered a guilty plea to the charge of conspiracy to distribute bath salts on February 10, 2015 and is awaiting sentencing before U.S. District Judge Matthew W. Brann.
The federal investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Wyoming County District Attorney’s Office. Assistant United States Attorney George J. Rocktashel has been assigned to the prosecution of this matter.
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 sentencing 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 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.
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Mexican Citizen Sentenced to 21 Months in Prison for Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Miguel Salazar-Gomez, age 33, a Mexican citizen, was sentenced to 21 months in prison by United States District Court Judge Sylvia H. Rambo in Harrisburg for illegally re-entering the United States.
According to United States Attorney Peter Smith, Salazar-Gomez pleaded guilty in September 2015. At that time, he admitted to illegally re-entering the United States after having previously been deported in 2004, 2005 and 2014. Salazar was arrested in March of this year in Adams County and taken into the custody of Homeland Security Investigations.
The conviction is a result of an investigation conducted by Homeland Security Investigations and Assistant U.S. Attorney Chelsea Schinnour was assigned to prosecute the case.
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Luzerne County 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 Luzerne County man pleaded guilty today, before Senior U.S. District Court Judge James M. Munley in Scranton, to participating in a heroin trafficking conspiracy that operated in Luzerne County during February through October 2014.
According to United States Attorney Peter Smith, the defendant, Desmond Mercer, age 28, admitted to conspiring with others from Luzerne County, New Jersey, and Alabama, to distribute heroin to customers in the Luzerne County area. Mercer acknowledged distributing more than 700 grams of heroin and playing a leadership role in the conspiracy.
Mercer was indicted by a federal grand jury in Scranton in October 2014, as a result of an investigation by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kingston Police, Plymouth Police and the Luzerne County District Attorney’s Office.
Under the terms of the plea agreement, both the government and the defendant will recommend that the court impose a sentence of 14 years in prison. The defendant also agreed to the forfeiture to the United States of $15,887 in cash seized by agents and police during the investigation, and two vehicles. The plea agreement is subject to the approval of the Court.
Mercer is the fifth defendant connected to the conspiracy to plead guilty in the case.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for March 2, 2016. The Judge could sentence Mercer to up to 20 years in prison and a fine of $1 million. Mercer was ordered to be detained in prison pending sentencing.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case, along with Luzerne County Assistant District Attorney Jill Matthews who is a Special Assistant United States Attorney.
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 in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Carbondale Man Charged with Receiving Child PornographyRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed on November 25, 2015 charging a 25-year-old Carbondale man with receiving child pornography.
According to United States Attorney Peter Smith, the Information alleges that Edward Jeter used a computer to download images of child pornography during November 2014 through August 2015.
The charge stems from an investigation by agents of the Federal Bureau of Investigation.
If convicted, Jeter faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison.
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 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Danville Woman Charged with Misappropriation of Postal FundsRead the Press Release
Harrisburg - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jamie Billman, age 38, of Danville, Pennsylvania, was charged in a one-count Information with Misappropriation of Postal Funds.
According to United States Attorney Peter Smith, between January 2015 and June 19, 2015, Billman, while serving as a postal employee, Billman misappropriated postal funds at the Northumberland, Danville, and Riverside Post Offices, resulting in a loss of $3,500 to the United States Postal Service.
The investigation of this case was conducted by the United States Postal Service. Prosecution is assigned to Assistant United States Attorney John C. Gurganus, Jr.
Billman faces a maximum sentence of 10 years imprisonment and fines totaling $250,000.
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.
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Florida Man Pleads Guilty to Heroin Trafficking Conspiracy in Monroe-Wayne Counties Involving Three of His ChildrenRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a man who was residing in Kissimme, Florida, at the time of his arrest in September 2014, pleaded guilty yesterday before U.S. Magistrate Judge Karoline Mehalchick in Scranton, to participating in a heroin and cocaine trafficking conspiracy in Monroe and Wayne Counties that involved utilizing three of his children to distribute the drugs to customers.
According to United States Attorney Peter Smith, the defendant, Carlos Ruben Cruz, age 48, who resided in Wayne and Monroe Counties in Pennsylvania throughout much of the drug conspiracy, admitted to conspiring with others, including three of his children, to distribute heroin and cocaine between 2011 and 2014.
Cruz was indicted by a federal grand jury sitting in Scranton in August 2014, as a result of an investigation by agents of the Drug Enforcement Administration, investigators from the Pennsylvania State Police, the Wayne County District Attorney’s Office, and Pocono Mountain Regional Police.
Three of Cruz’s children, Rubie Cruz, age 26, Tiffanyann Cruz, age 21, and Brandon Cruz, age 24, were also charged in the indictment and have previously pleaded guilty to participating in the drug conspiracy. They are all awaiting sentencing.
Carlos Ruben Cruz faces up to 20 years in prison and a fine of $1 million. He will be sentenced at a later date by Senior U.S. District Court Judge Richard P. Conaboy after the completion of a pre-sentence investigation. Cruz remains detained in custody pending sentencing.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Pleads Guilty to Heroin and Sex Trafficking Conspiracies; Six Others ChargedRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man pleaded guilty today before U.S. District Court Judge Malachy E. Mannion in Scranton, to participating in a heroin trafficking conspiracy that stretched from Stroudsburg to New York to the state of Maine, and a sex trafficking conspiracy in which young women were forced or coerced into engaging in prostitution in northeastern Pennsylvania.
According to United States Attorney Peter Smith, the defendant, Sirvonn Taylor, age 33, of Pocono Summit, admitted to conspiring with others to commit drug trafficking and sex trafficking crimes between 2012 and 2014.
Taylor was indicted along with six other people by a federal grand jury sitting in Scranton in September 2015, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County.
The indictment alleges that Taylor and his co-defendants formed, joined and participated in a street gang known as the Black P-Stones; that male gang members were “beaten-in” to the gang and female members were “sexed-in” to the gang. The indictment further alleges that Taylor and his co-conspirators obtained heroin in New York and distributed the heroin in Stroudsburg and locations in the state of Maine. According to the indictment, couriers were used to transport heroin from New York to Maine.
The indictment alleges that females were “sexed-in” to the gang by being forced to engage in sex with male gang members; recruited and coerced to engage in prostitution; advertised as adult escorts on a website; provided with heroin and other drugs; and placed in various area hotels/motels to work as prostitutes. It is alleged that the sex trafficking defendants used threats, force, and intimidation to coerce females to engage in prostitution.
In today’s proceeding, Taylor pleaded guilty to conspiracy to distribute in excess of one kilogram of heroin, and conspiracy to commit sex trafficking by force or coercion. He faces a mandatory minimum 10-year prison sentence for the drug conspiracy charge, and a mandatory minimum 15-year prison sentence for the sex trafficking charge. He faces a potential maximum sentence of life in prison for each charge.
Others charged in the indictment are:
Jose Velazquez, age 25, of Tobyhanna: conspiracy to distribute more than one kilogram of heroin and conspiracy to commit sex trafficking by force and coercion;
Selena Bayer-Davis, age 21, of St. Matthews, South Carolina: conspiracy to commit sex trafficking by force and coercion;
Ricquell Lindo, age 21, of Augusta, Maine: conspiracy to distribute more than one kilogram of heroin;
Stephon Davis, age 19, of Augusta, Maine: conspiracy to distribute more than one kilogram of heroin;
Sean Griffin, age 21, of East Stroudsburg: conspiracy to distribute more than one kilogram of heroin;
Brianni Gomez, age 19, of Paterson, NJ: conspiracy to distribute more than one kilogram of heroin.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Man Sentenced to 33 Months in Prison for Threats and Starting A Fire at Gettysburg National ParkRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gary L. DuRocher, age 42, formerly a resident of Maryland, was sentenced today to 33 months imprisonment by United States District Court Judge John E. Jones, III in Harrisburg, for threats and starting a fire at Gettysburg National Park.
DuRocher was also ordered to pay restitution in the amount of $ 28,385.58 for the destruction of the hay on Park-owned property and clean-up costs. DuRocher has been in custody since August 2014.
According to U.S. Attorney Peter Smith, on August 8, 2014, DuRocher was involved in a dispute in the Park that led to his fleeing the scene. During his flight, DuRocher set fire to more than 200 bales of hay on Park-owned property to create a diversion. During that flight, DuRocher also sent text messages threatening to do harm to another person.
The case was investigated by the National Park Service with the assistance of Cumberland Township, Gettysburg Borough, McSherrystown Borough, Pennsylvania State Police and Maryland State Police, as well as fire and emergency response personnel from around the Gettysburg area. The case was prosecuted by Assistant United States Attorney James T. Clancy.
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Luzerne County 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 Luzerne County man pleaded guilty today in Scranton before United States District Court Judge Malachy E. Mannion to a federal heroin trafficking charge.
According to United States Attorney Peter Smith, Pedro Noriega, age 42, of Plymouth, Luzerne County, admitted to the charge of possession with intent to distribute heroin. Noriega was indicted by a grand jury in August 2015.
The charge stems from an investigation in which investigators arranged to make a purchase of heroin from Noriega and then obtained a search warrant for Noriega’s residence, located on West Main Street in Plymouth, and seized approximately 495 bags of suspected heroin, a quantity of raw heroin, packaging materials and drug paraphernalia from a bedroom in the residence.
The investigation was conducted by the Luzerne County Drug Task Force, the Bureau of Narcotics Investigations (BNI) of the Pennsylvania Office of Attorney General, and the Bureau of Alcohol, Tobacco and Firearms (ATF). The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
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 twenty years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Woman Sentenced to Two Years Probation, Ordered to Forfeit $431,500 in Currency Transaction CaseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ann Pelicci, former employee at the Pelicci Pain Center in Scranton, was sentenced to two years probation on November 18, 2015, by Senior United States District Judge Edwin M. Kosik in Scranton, for her involvement in evasion of federal currency transaction reporting requirements by structuring cash transactions at several Northeast Pennsylvania banks between 2011 and 2013.
Ann Pelicci was also ordered to pay a fine of $6,000 and to serve six months of her sentence at her residence on a monitored curfew schedule as directed by the U.S. Probation Office.
According to United States Attorney Peter Smith, the defendant was the wife of Leroy J. Pelicci, a physician and owner/operator of the “Pelicci Pain Relief Center.” An indictment filed in March 2014 alleged that the Peliccis withdrew approximately $431,500 in cash from an investment account and then deposited the cash into account at four Scranton area banks, Fidelity Bank, Citizens Bank, Penn Security Bank and FNCB, in 49 separate transactions, totaling $431,500, most of which were in $9,000 amounts, just below the amount that would trigger the reporting requirement, between January and July 2012. The accounts were opened in the name of Ann Pelicci.
In the indictment, the government sought forfeiture of $431,500, the amount seized from the Pelicci bank accounts at the time of the indictment. On July 6, 2015, Judge Kosik issued an order directing that the funds were to be forfeited to the government.
The transfer of funds took place after the patient and billing records of the Pelicci Pain Relief Center became the subject of an inquiry by agencies of the Commonwealth of Pennsylvania. Most of the transactions were made by Dr. Pelicci who died shortly after the indictment was filed. Ann Pelicci made several of the transactions and pleaded guilty to aiding and abetting the criminal activity.
“Structuring” is the conducting of transactions in currency at one or more financial institutions for the purpose of evading federal reporting requirements. Banking institutions are required to file currency transaction reports (CTRs) with the Internal Revenue Service for each deposit, withdrawal or exchange of currency or other payment that involves currency of more than $10,000. The law also prohibits evading or attempting to evade the reporting requirements or attempting to cause banks to fail to file CTRs.
The investigation was conducted by the Scranton office of the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Michelle Olshefski with the assistance of the United States Attorney’s Office’s Victim Rights and Asset Recovery Unit.
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Scranton Woman Charged with Acting as A Getaway Driver for Two Area Bank RobberiesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of criminal charges against Stephanie Ann Ware, age 26, of Scranton, Pennsylvania, charging her with aiding and abetting the robbery of two banks by acting as a getaway driver.
The two-count Criminal Information alleges that Ware aided Lee Sokalsky in the commission of the following bank robberies:
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the robbery ofthe NBT Bank, 736 Main Street, Dickson City, Pennsylvania, on July 25, 2014;
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the robbery of the Mauch Chunk Trust Bank, 226 Claremont Avenue,Tamaqua, Pennsylvania, on August 26, 2014;
Lee Sokalsky was previously indicted by a Federal Grand Jury and is pending trial.
The government filed a plea agreement with the defendant which is subject to approval by the court.
The case was investigated by special agents of the Federal Bureau of Investigation, Hazleton Police Department, Rush Township Police Department, Dickson City Police Department, Pennsylvania State Police, and the Scranton Police Department. 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 for each robbery is 20 years’ imprisonment. Ware faces 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.
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Man Arrested in Wilkes-Barre After Drug Transaction Sentenced on Firearms Related OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jorge Mojica, age 25, of Wilkes-Barre was sentenced yesterday by U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing and brandishing a firearm in connection with a drug trafficking offense. Judge Conaboy sentenced Mojica to 84 months in prison to be followed by three years of federal supervised release.
According to United States Attorney Peter Smith, Mojica was arrested after selling .12 grams of heroin in the parking lot of Chacko’s Bowling Center on Wilkes-Barre Boulevard, Wilkes-Barre, Pennsylvania. The car Mojica was riding in at the time of the illegal drug transaction was pulled over by police and Mojica was found to be in possession of an additional 2.3 grams heroin and two loaded firearms.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a districtwide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
The case was investigated by the ATF, Wilkes-Barre Police Department, and the Pennsylvania State Police. Special Assistant U.S. Attorney Jill Mathews, of the Luzerne County District Attorney’s Office, and Assistant U.S. Todd K. Hinkley prosecuted the case.
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Luzerne County Man Sentenced to 97 Months in Prison for Receiving and Distributing Child PornographyRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 25-year-old Pittston man who admitted to receiving and distributing child pornography between 2013 and February 2015, was sentenced yesterday to 97 months in prison by U.S. District Court Judge Robert D. Mariani in Scranton.
According to United States Attorney Peter Smith, the defendant, Steven Wolfe, previously pleaded guilty to using a computer to download and distribute images of child pornography to others, including persons in the United Kingdom.
Wolfe was indicted by a federal grand jury in April 2015, as a result of an investigation by Homeland Security Investigations and Kent Police in England. Luzerne County Detectives and Pittston Police assisted in the investigation.
Judge Mariani ordered Wolfe to serve five years on supervised release following his prison sentence. Wolfe must also register as a sex offender and comply with all of the requirements of the Sex Offender Registration and Notification Act.
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 prosecuted the case.
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Lewisburg Man Charged with Tax EvasionRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Bolus of Lewisburg, Pennsylvania, owner of BPK Management has been charged with income tax evasion.
According to United States Attorney Peter Smith, Bolus, age 45, is charged with income tax evasion in a Criminal Information filed yesterday in U.S. District Court in Williamsport. The government alleged that, as president of BPK Management, Bolus understated income and taxes due resulting in a false income tax return for tax year 2012.
The Information alleges in 2012, Bolus underreported taxes by $139,203.
The government also filed a plea agreement, including payment of taxes and penalties with the defendant which is subject to approval by the court.
The investigation was conducted by the Internal Revenue Service Criminal Investigation Division, and the Federal Bureau of Investigation. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under federal law is five years of 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.
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Hummelstown Man Sentenced to 6 Years in Prison for Heroin and Crack Cocaine Trafficking and Federal Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney=s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Yvette Kane sentenced Devonte Betts, age 21, of Hummelstown, Pennsylvania to 6 years of incarceration today in Harrisburg, Pennsylvania. Betts pleaded guilty to possession of a firearm in furtherance of drug trafficking and possession with intent to distribute a controlled substance on June 15, 2015.
According to United States Attorney Peter Smith, Betts was in the vicinity of 13th and Market Streets in Harrisburg on June 6, 2014 in possession of two loaded firearms, as well as heroin and crack cocaine. Officers from the Harrisburg Bureau of Police apprehended Betts after a brief foot chase. During the chase, a portion of which was captured on local surveillance cameras, Betts tossed the guns from his waistband. The officers immediately collected a loaded 9mm handgun and a loaded .357 firearm from Betts’ flight path. At the time of his arrest, Betts was carrying multiple bags of heroin, crack cocaine and other indicia of drug trafficking.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a districtwide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Harrisburg Bureau of Police. This case was prosecuted by Assistant United States Attorney Meredith A. Taylor.
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Carbon County Man Charged with Producing, Distributing and Receiving, Child PornographyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Lake Harmony man was indicted on November 10, 2015 by a federal grand jury in Scranton on charges of producing, receiving and distributing child pornography.
According to United States Attorney Peter Smith, the grand jury alleges that Grant Harris, age 36, committed the offenses between 2008 and 2014. The Indictment was made public after Harris was taken into custody November 18, 2015.
The charges stem from an investigation by agents of Homeland Security Investigations, the Pennsylvania State Police, and the Pennsylvania Attorney General’s Office.
If convicted of the production charge, Harris faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 30 years in prison. The receipt and distribution charges each carry a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison.
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 total maximum penalty under federal law is 70 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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