Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Bradford County Man Charged with Distribution of Bath SaltsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a grand jury in Scranton indicted Corey Strope, age 37, of Sayre, Pennsylvania yesterday with conspiracy to distribute and possession with intent to distribute bath salts.
According to United States Attorney Peter Smith, Strope distributed bath salts between January and July 2015, in and around Bradford County. Bath salts consist of a chemical similar to hallucinogenic drugs. The drugs in this case were allegedly shipped from China.
The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, and the Sayre Borough Police Department and is assigned to Assistant United States Attorney Todd K. Hinkley for prosecution.
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 $1,000,000 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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Federal, State and Local Law Enforcement Officers Join Forces to Combat Violent Crime in Harrisburg, York, Wilkes-Barre and WilliamsportRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today a renewed strategy for reducing and preventing violent crime in the Middle District of Pennsylvania focusing on the Harrisburg, York, Wilkes-Barre and Williamsport areas. Federal, state and local law enforcement officers will join forces to coordinate their activities in high-crime areas and vigorously enforce the laws which punish gun offenses, gang activity, drug-related crimes and other acts of violence.
Peter J. Smith, the United States Attorney for the Middle District of Pennsylvania stated, “we must remove the most violent individuals from our communities. This will require the very highest level of coordination between federal and local law enforcement agencies. The anti-violence strategy we are announcing today will advance the core mission of the Department of Justice to protect citizens from the most dangerous offenders in our communities.”
Joining U.S. Attorney Smith at the announcement were other high-level federal, state and local law enforcement officials.
The anti-violence strategy announced today consists of the following key elements:
- identifying communities which are most in need of anti-violence solutions;
- targeting high-priority offenders in those communities for aggressive prosecution;
- conducting regular meetings of federal and local law enforcement officials to collect reliable data on local violent crime trends, share intelligence, screen cases for potential federal prosecution and coordinate joint enforcement activities;
- expansion of existing prevention and post-conviction reentry programs.
Federal law carries severe penalties for prohibited individuals who possess firearms and for those individuals who commit violent crimes or serious drug offenses while possessing or using firearms.
Under 18 U.S.C. § 922 (g), individuals face up to ten years’ imprisonment if they possess a firearm or ammunition if:
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they have been previously convicted of a felony;
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they are a fugitive;
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they are a drug user or addict;
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they have been determined by a court or have been committed to a mental institution for a mental defect;
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they are an illegal immigrant;
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they were discharged from the Armed Forces under dishonorable condition;
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they have renounced their United States citizenship;
- they are under a court restraining order or have been convicted of domestic violence.
Under 18 U.S.C. § 924 (e), individuals who have three prior felony convictions for violent crimes or drug crimes and who are convicted under 18 U.S.C. § 922 (g) are subject to a minimum-mandatory fifteen year sentence.
Under 18 U.S.C. § 924 (c), individuals who commit a violent crime or a serious drug offense with a firearm face minimum-mandatory consecutive sentences of at least five years and up to life imprisonment:
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if you commit a crime of violence or serious drug offense and possess a firearm during its commission – five years to life;
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if the firearm is displayed – seven years to life;
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if the firearm is discharged – ten years to life;
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if a sawed-off rifle or shotgun is used – ten years to life;
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if a machine gun or destructive device, or a firearm with a silencer is used – thirty years to life;
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if you are convicted a second time under 18 U.S.C. § 924 (c), not less than twenty-five years to life imprisonment.
For the past year, federal, state and local officials have partnered and operated a pilot program based in Harrisburg focusing on firearms offenses committed by recidivists or individuals using firearms in connection with drug offenses, or other violent crimes. Due to the success of that program it was recently expanded to include firearms offenses in York, Williamsport and Wilkes-Barre. To date, federal law enforcement agencies have adopted approximately 34 cases involving 41 defendants and relating to firearms offenses from our local law enforcement counterparts in those jurisdictions and will continue to do so in the future. Additionally, we will continue to prosecute other violent crimes and drug crimes referred to us by our local law enforcement counterparts.
U.S. Attorney Smith stated that, “violent crime damages and destabilizes our neighborhoods, challenging or citizens as they strive to raise their families and be productive members of society. By coordinating efforts with our state and local law enforcement partners, we can ensure that limited law enforcement resources are being brought to bear in the most effective way possible to protect the people we serve.”
ATF Special Agent in Charge Sam Rabadi said "Individuals who repeatedly commit acts of violence will be targeted for investigation, arrested, and removed from our streets. If you choose to pursue a criminal path, it will end with a federal indictment and federal prison time. These indictments and arrests demonstrate that ATF and our law enforcement partners will work side-by-side to reduce and prevent gun violence in our communities."
“This joint effort focuses our resources and combined capabilities on those offenders who are driving the violence in our communities,” said Special Agent in Charge Sweeney. “The FBI is committed to working side by side with our local, state and federal law enforcement partners in order to keep our local communities safe.”
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York Gang Leaders and Members Convicted After Seven Week Federal TrialRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that members of a gang that has operated for a decade or more in the City of York were found guilty of participating in racketeering and drug distribution conspiracies by a jury in federal court in Harrisburg.
The seven and a half week trial before U.S. District Court Judge Yvette Kane began on September 24. It included over 100 witnesses called by the government, including York City Police officers and detectives, federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI and gang members who had previously pleaded guilty and featured the presentation of over 500 exhibits. Among the exhibits were videos of violent incidents involving the Southside Gang, drugs, cash and property seized by police and ATF agents as part of the investigation.
The jury returned its verdict late yesterday after three days of deliberation. The jury convicted all 12 men.
According to U.S. Attorney Peter Smith, the gang, labeled by the government as a criminal enterprise, is known as Southside. It operated in southern York, centered in the area of Maple and Duke Streets. There was no formal structure but the participants included senior leaders, drug traffickers engaged in distribution and sales of narcotics, particularly crack cocaine, and “shooters,” individuals who committed acts of violence, including use of firearms on behalf of the gang and to protect its members from other gangs in York. Order was maintained through intimidation and threats and, in some cases, murder. The Southside Gang includes a group of violent drug traffickers, originally affiliated with the “Bloods,” primarily a New York-based national violent street gang.
Violence against a rival York gang, called “Parkway,” allegedly resulted in death or shootings of members of both gangs and innocent bystanders.
ATF, together with the York City Police Department and the York County District Attorney’s Office, began an intensive two year investigation of Southside in 2012. It culminated in a September 2014 grand jury indictment of 21 individuals.
Eight of the indicted persons, including James Abney, a senior Southside leader, pleaded guilty to the racketeering conspiracy charge prior to the trial, as did seven other individuals included in the September 2014 indictment.
Many individual Southside gang members were investigated and previously prosecuted by York County law enforcement agencies on state charges. The federal prosecution aimed at dismantling the organization by exposing and attacking its continuity and leadership. The federal investigation of gang violence and drug dealing in York is continuing in full cooperation with local police and the York County District Attorney’s Office.
“The guilty verdicts returned by the jury send a message of justice. It is a message to criminals that gang activity and gun violence will be dealt with and will not be tolerated. It is a message to the residents of York County, that ATF and our law enforcement partners remain dedicated to serving the public, to reducing and preventing gun violence on our streets and in our neighborhoods," said ATF Special Agent in Charge Sam Rabadi.
The case included the participation and assistance of the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, the Federal Bureau of Investigation, and the U.S. Marshals Service.
Assistant U.S. Attorneys Michael A. Consiglio, William Houser, and Joseph Terz prosecuted the case. U.S. Attorney Smith praised the diligent and highly professional work of the trial team.
Overall, the jury found seven of the 12 men on trial guilty of racketeering conspiracy and conspiracy to distribute drugs, mainly cocaine base (crack) and cocaine, but including heroin in some instances. Two others were found not guilty of the racketeering charge but were found guilty of the drug distribution conspiracy count of the indictment. Three of the defendants were found not guilty of either of the conspiracy counts. The jury found all 12 defendants guilty of possession of illegal drugs with the intent to distribute. Two defendants were also charged and found guilty of, possession of firearms in furtherance of drug trafficking.
According to U.S. Attorney Smith, the principal defendants, specifically the most violent and those in leading roles, were found guilty of the racketeering conspiracy charges.
The individual defendants and the charges on which they were convicted are:
Marc Hernandez, a/k/a “Marky D,” age 30; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts),
Rolando Cruz, a/k/a “Mico,” age 30; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts),
Douglas Kelly, a/k/a “Killer,” age 37; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Roscoe Villega, a/k/a “P Shawn,” age 41; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Tyree Eatmon, a/k/a “Ree,” age 27; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Maurice Atkinson, a/k/a “Mo,” age 28; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Anthony Sistrunk, a/k/a “Kanye,” age 27; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,
Eugene Rice, a/k/a “B Mor,” age 27; drug trafficking conspiracy, and drug possession with intent to deliver,
Angel Schueg, a/k/a “Pocko,” age 26; drug trafficking conspiracy, and drug possession with intent to deliver,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver,
Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver,
Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver.
Southside gang members who pleaded guilty to racketeering conspiracy prior to the trial are:
James Abney, a/k/a “Doocs,” age 29.
Malik Sturdivant, a/k/a “Base,” age 23.
Jahkeem Abney, a/k/a “Foo,” age 25.
Ronald Payton, a/k/a “Ron Ron,” age 23.
Cordaress Rogers, a/k/a “Tank,” age 29.
Marquis Williams, a/k/a “Quis,” age 27.
Jerrod Brown, a/k/a “Boogie,” age 26.
Quintez Hall, a/k/a “Q,” age 23.
No sentencing date has been set for any of the defendants. All of the defendants are in custody.
Richard Nolden, a/k/a “Rich” age, 25, is currently awaiting trial after his case was severed from the others. He is currently serving a lengthy state court sentence.
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Third California Resident Sentenced to Prison for Helping to Transport Heroin Across the CountryRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 27-year-old California resident was sentenced to 57 months in prison today by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing with intent to distribute more than one kilogram of heroin.
According to United States Attorney Peter Smith, the defendant, Yolanda Barreto-Rincon, a Mexican national who resided in Fresno, California at the time of the offense, previously admitted to transporting heroin from California to the Mt. Pocono area of Monroe County in July 2014.
Barreto-Rincon 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.
Judge Conaboy ordered Barreto-Rincon to serve two years on supervised release following her prison sentence. Barreto-Rincon also faces possible deportation.
Previously, Judge Conaboy sentenced co-defendants Jose Rosario Huizar-Rios to 46 months in prison and Livier Cantor-Huizar to 41 months in prison. One other defendant has entered a guilty plea in the case and is awaiting sentencing.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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Monroe County Man Pleads Guilty to Federal Heroin Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man pleaded guilty today before United States Magistrate Judge Karoline Mehalchick to a federal heroin trafficking charge.
According to United States Attorney Peter J. Smith, Sal DiPalma, age 45, of East Stroudsburg, Monroe County, admitted to the charge of aiding and abetting the distribution of heroin. DiPalma was indicted by a grand jury in April 2015.
The charges stem from an incident in which DiPalma helped to arrange for a sale of heroin between Eric Rabb, age 45, of East Stroudsburg, and another individual who was working for police investigators. On October 23, 2013, Rabb and DiPalma were arrested by investigators as they were about to distribute the heroin to the other individual.
The investigation was conducted by the Lackawanna County Drug Task Force, the Drug Enforcement Administration, the Lackawanna County District Attorney’s Office and the Wayne County District Attorney’s Office.
Eric Rabb previously pleaded guilty to the charge of conspiracy to distribute heroin and is awaiting sentencing.
The cases are 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 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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U.S. Attorney’s Office Adopts New Policy Aimed at Seeking Greater Penalties in Prosecution of Heroin CasesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania today announced a new policy for bringing more severe charges against persons who distribute heroin in Central Pennsylvania and for tougher sentencing recommendations by federal prosecutors in heroin cases.
U.S. Attorney Peter Smith said that, “heroin today is not a life style or a business – it is a killer. The steep increase in heroin trafficking and the alarming rise in deaths due to heroin overdoses, particularly in young people, are a state-wide and national problem, but also a deep personal tragedy for many families. Much of what must be done will be through education, additional funding, medical help, counseling and rehabilitation. But those who sell or otherwise put heroin in the hands of others, are knowingly dealing in possible death or serious harm to users and should pay heavily for their greed and callous indifference. The new policy is intended to emphasize that point.”
The guidance to Assistant U.S. Attorneys in the District’s three offices (Harrisburg, Scranton and Williamsport) for heroin cases includes the following:
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In heroin cases, all available charges should be considered.In addition to charges under the Controlled Substance laws and firearms charges, particular attention should be paid to statutes relating to continuing criminal enterprises; maintaining drug-involved premises; endangering human life while illegally manufacturing controlled substances; distribution to persons under age 21; distribution or manufacturing in or near schools and colleges and employing children to distribute drugs near schools or playgrounds and other prohibited places; and employment or use of persons under 18 years of age in drug operations.
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Money laundering charges and forfeiture allegations should be part of all charges where there is evidence of substantial proceeds from the illegal activity and/or assets that can be seized and forfeited.
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Many heroin cases involve defendants with ties to large-scale drug trafficking organizations, gangs, or cartels.Many defendants in heroin cases are leaders, organizers, managers, or supervisors of others within an organization.Other defendants have significant criminal histories or use violence, weapons, and minors in the operation of their business.These factors indicate that a drug weight should be charged that will trigger a mandatory minimum sentence when a reasonable argument can be made that it applies.
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The evidence must be analyzed as to each defendant individually.A defendant is responsible for drugs involved in his own activities or those he encouraged others to undertake.A defendant is also responsible for drugs involved in the activities of co-conspirators if those acts are "reasonably foreseeable."We will charge defendants in heroin cases accordingly when the argument can be made that reasonable foreseeability applies to the scope of that particular defendant’s responsibility.
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Repeat offenders, particularly those involved in heroin trafficking, are appropriate candidates for sanctions which generally double any applicable mandatory minimum sentence.When a defendant involved in heroin trafficking is a repeat offender and the conduct falls within the sanctions, we should not hesitate to seek the enhancement.
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Because of the seriousness of heroin-related offenses, plea agreements that call for dismissal of the most serious charges in heroin cases are highly disfavored and will only be approved in the most extraordinary circumstances.Defendants who wish to reduce their sentence must fully cooperate and then they should not expect a sentencing reduction of more than fifty percent from the otherwise applicable mandatory minimum sentence or guideline range, whichever is higher.
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Because heroin cases present a greater risk of harm to individuals and the community, we will advocate for applicable guidelines enhancements that will increase the sentence.These include possession of a dangerous weapon; use of violence; maintaining drug premises; aggravating role; use of a minor; obstruction of justice; commission of offense while on release; and criminal livelihood.
In addition to seeking enhancements, there may be heroin cases where a sentence at the high end of the applicable guideline range or even an upward departure above the guideline range is called for.
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Under the federal sentencing guidelines, the decision to recommend a guideline departure based upon a defendant's "substantial assistance" to law enforcement is one of the most significant judgments facing any prosecutor.Heroin cases should be treated no differently than any other cases in this respect.We should make an assessment of the significance and usefulness of the defendant's assistance in making our recommendation to the court for a sentence departure on this basis.When defense counsel seeks a variance below the applicable guideline range in a heroin case, we will generally oppose that request unless extraordinary circumstances exist.
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A sentencing memorandum should be filed by the prosecution in heroin cases, particularly when we are advocating for a sentence more serious than otherwise would be imposed if another drug was involved in the offense of conviction.In order to support and strengthen our approach to these cases, when appropriate we will include the grim statistics and other information that reflect the current nationwide heroin epidemic.
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U.K. Man Arraigned on Conspiracy to Illegally Export Restricted Chemical Laboratory Equipment to SyriaRead the Press Release
Ahmad Feras Diri, 42, of London, was arraigned today on charges alleging a conspiracy to illegally export laboratory equipment, including items used to detect chemical warfare agents, from the United States to Syria.
The announcement was made by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Peter J. Smith of the Middle District of Pennsylvania, Special Agent in Charge John Kelleghan of the U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) Philadelphia Office and Special Agent in Charge Sidney Simon of the U.S. Commerce Department’s Office of Export Enforcement (OEE) New York Field Office.
The indictment was returned by a Scranton, Pennsylvania, grand jury on Nov. 20, 2012, and charges Diri; Mowea Diri, Ahmad’s brother and a citizen of Syria; d-Deri Contracting & Trading, a business located in Syria; and Harold Rinko, a U.S. citizen, with criminal conspiracy, wire fraud, illegal export of goods, money laundering and false statements. On Sept. 16, 2014, Rinko pleaded guilty to the criminal conspiracy charge before U.S. District Judge Edwin M. Kosik of the Middle District of Pennsylvania.
On March 14, 2013, Diri was arrested by the Metropolitan Police in London in connection with the charges in the Middle District of Pennsylvania, and was extradited to the United States by the United Kingdom on Nov. 12, 2015. Diri appeared before U.S. Magistrate Judge Karoline Mehalchick of the Middle District of Pennsylvania today and pleaded not guilty to the indictment.
The indictment alleges that from 2003 until Nov. 20, 2012, the three men conspired to export items from the United States through third party countries to customers in Syria without the required U.S. Commerce Department licenses.
According to the indictment, the conspirators prepared false invoices that undervalued and mislabeled the goods being purchased and listed false information regarding the buyers’ identity and geographic location. The indictment alleges that the items were to be shipped from the United States to Jordan, the United Arab Emirates and the United Kingdom, and thereafter transshipped to Syria.
According to the indictment, the items allegedly included: a portable gas scanner used for detection of chemical warfare agents by civil defense, military, police and border control agencies; a handheld instrument for field detection and classification of chemical warfare agents and toxic industrial chemicals; a laboratory source for detection of chemical warfare agents and toxic industrial chemicals in research, public safety and industrial environments; a rubber mask for civil defense against chemicals and gases; a meter used to measure chemicals and their composition; flowmeters for measuring gas streams; a stirrer for mixing and testing liquid chemical compounds; industrial engines for use in oil and gas field operations; and a device used to accurately locate buried pipelines.
“According to the charges in the indictment, Ahmad Feras Diri conspired with his brother and others to evade U.S. export laws and illegally send chemical laboratory equipment to Syria,” said Assistant Attorney General Carlin. “These violations of U.S. export law threaten our national security, and we will continue to hold accountable those who seek to circumvent restrictions. I want to thank the agents, analysts, prosecutors and our U.K. law enforcement counterparts who are responsible for the arrest and charges in this case.”
“This extradition demonstrates HSI’s commitment to use all its resources to prevent sensitive and restricted technology from being exported to Syria through the black market,” said Special Agent in Charge Kelleghan. “No good comes of illegal exports to Syria, especially during this time of gross misgovernment and civil strife. As the principal enforcer of export controls, HSI will continue to do everything in its power to ensure that sensitive technology doesn't fall into the wrong hands in Syria. I applaud our colleagues at the Department of Commerce, the U.S. Attorney’s Office for the Middle District of Pennsylvania, along with our law enforcement counterparts in the United Kingdom. This coordinated effort helped us make this complex investigation a success.”
“I commend our colleagues from HSI and the United Kingdom, and the U.S. Attorney’s Office, for their outstanding work with the Commerce Department on this case,” said Special Agent in Charge Simon. “Our special agents work tirelessly every day to pursue those who flout our export control laws and attempt to supply rogue regimes with technology that threatens our national security. OEE will seek and arrest violators wherever located, worldwide, and we will continue to leverage our unique authorities as the only federal law enforcement agency exclusively dedicated to enforcing dual-use export violations.”
Pursuant to regulations of the U.S. Department of Commerce’s Export Administration, a license is required to export goods and services from the United States to Syria, excepting limited and certain categories of humanitarian food and medicine.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
The case is being investigated by ICE-HSI and U.S. Commerce Department’s OEE New York Field Office. The Justice Department’s Office of International Affairs also provided significant assistance. The case is being prosecuted by Assistant U.S. Attorney Todd K. Hinkley of the Middle District of Pennsylvania and Trial Attorney Mariclaire Rourke of the National Security Division’s Counterintelligence and Export Control Section.
Diri Indictment
Harrisburg Ambulance Company Fined $250,000; Owner Sentenced to 2 Years Prison and $300,000 Fine for Medicare FraudRead the Press Release
HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the owner of a Harrisburg-based ambulance company has been sentenced to 24 months in prison and ordered to pay $494,378 in restitution and fines.
Serge Sivchuk, age 30, the owner of Advantage Medical Transport, Inc, formerly headquartered at 733 Fire House Lane, Harrisburg, was sentenced by US District Court Chief Judge Christopher C. Connor yesterday to the two year term and ordered to pay $194,378 restitution to Medicare. Judge Connor also fined Sivchuk $300,000.
Judge Connor also ordered Advantage to pay $194,378 restitution to Medicare (jointly and severally with Sivchuk), and further ordered the company to pay an additional $250,000 fine.
According to US Attorney Peter Smith, Sivchuk and Advantage were indicted in January 2012 by a Middle District of Pennsylvania grand jury and charged with multiple counts of false statements in health care matters and health care fraud. The charges stemmed from Advantage’s non-emergency, ambulance transport of Harrisburg area dialysis patients between 2009 and 2011. The Indictment alleged Sivchuk defrauded Medicare by submitting hundreds of claims for the nonemergency transport of Medicare beneficiaries because the patients were ambulatory and their ambulance transports were not medically necessary.
Sivchuk pleaded guilty to one count of false statements in health care matters on February 22, 2013; Advantage pleaded guilty to 14 counts of False Statements in Health Care Matters less than 3 months later on May 1, 2013. The Indictment focused on an August 2010 audit and a June 2, 2011 search of Advantage’s business premises by federal law enforcement officers. In response to the audit Sivchuk provided Medicare dozens of ambulance Trip Sheets, which are prepared by Emergency Medical Technicians (EMTs) at the time of each ambulance transport. The Trip Sheets contain a narrative section that describes the patient’s physical condition and ability to ambulate,. The Trips Sheets serve as the primary support document for each Medicare billed, ambulance transport claim. The June 2, 2011, search by the FBI revealed Sivchuk did not submit the original trip sheets to the auditors but instead submitted copies of other trip sheets that had been re-written and forged to conceal the fact the beneficiaries were ambulatory.
Medicare paid Advantage approximately $166 for each leg of a transport to and from a dialysis treatment center, plus $5.49 per mile. Many dialysis patients underwent 3 treatments per week. Thus, one week’s transport of just one dialysis patient yielded Advantage more than $1,000.
At the time the investigators executed the June 2, 2011, search warrant, the U.S. Attorney’s Office filed a civil action in federal court that froze more than $875,000 in Sivchuk controlled bank accounts. The government intends to recoup the restitution and fines imposed by Judge Connor today from these frozen bank accounts.
The case is part of a priority program within the U.S. Department of Justice and the U.S. Attorney’s Office for the Middle District of Pennsylvania focusing on health care fraud. The case was prosecuted by Assistant U.S. Attorneys Kim Douglas Daniel and Anthony Scicchitano, and was investigated by the Harrisburg Offices of the HHS Inspector General’s Office and the FBI.
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Former Assistant Manager of the Wilkes-Barre City Employees Federal Credit Union Receives A Sentence of Two Years Supervised Release for Bank FraudRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Assistant Manager of the Wilkes-Barre City Employees Federal Credit Union was sentenced yesterday by United States District Judge A. Richard Caputo to a sentence of time served followed by two years of supervised release.
According to United States Attorney Peter Smith, Amanda Magda, age 29, of Wilkes-Barre, pleaded guilty to aiding and abetting bank fraud in January 2015. Magda was charged in a superseding indictment with codefendant, Leo Glodzik. The charges stem from a scheme involving a former Wilkes-Barre police officer, Tino Ninotti, and Glodzik, a contractor for the city, involving Ninotti allegedly conspired with Glodzik to secure a loan from the credit union by using false and fraudulent collateral. Magda falsely witnessed the signature of another person to the loan agreement which was actually forged by Ninotti. Magda no longer is employed at the credit union, which is under new management and has instituted new policies and procedures to address the problems and eliminate the abuses that led to the fraud prosecutions.
The charges against Leo Glodzik are still pending. Tino Ninotti pleaded guilty to conspiracy to commit bank fraud in April 2015 and sentencing is scheduled for December 1, 2015.
The investigation was conducted jointly by the Federal Bureau of Investigation and the Pennsylvania State Police.
Prosecution is assigned to Assistant United States Attorney Michelle L. Olshefski.
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Wilkes-Barre 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 Wilkes-Barre man was indicted on November 10, 2015 by a federal grand jury in Scranton on heroin trafficking and firearm offenses.
According to United States Attorney Peter Smith, the indictment charges Louis Angel Soto, age 26, with distributing and possessing with intent to distribute heroin in Wilkes-Barre on four occasions between August and November of 2015. The indictment also charges Soto with possessing a firearm in furtherance of his heroin trafficking activities.
The charges stem from an investigation in which the Drug Enforcement Administration (DEA) allegedly made purchases of heroin from Soto on three occasions between August and October of 2015. The DEA then obtained a search warrant for a residence located on Sambourne Street in Wilkes-Barre, where Soto was residing. From the residence, the DEA and the Wilkes-Barre Police Department seized 180 bags of heroin and a .40 caliber Smith and Wesson semi-automatic pistol.
The investigation of these cases was conducted by the Drug Enforcement Administration, working in conjunction with the Wilkes-Barre Police Department. Prosecution is assigned to Assistant United States Attorney Evan Gotlob.
Soto faces a minimum of 5 years and up to a lifetime term of incarceration as well as fines totaling $4,250,000.
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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Monroe County Tobacco Store Owner Charged with Fraud Conspiracy Involving Stolen and Counterfeit Credit CardsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on November 10, 2015 a federal grand jury in Scranton indicted Rehan A. Merchant, a/k/a Ray Merchant, a/k/a Aslam Ahmed, the former owner and operator of the Cigar and Tobacco Outlet in Tannersville, Pennsylvania, charging him with conspiracy to commit wire fraud.
According to United States Attorney Peter Smith, the indictment charges Merchant with allegedly conspiring with unnamed co-conspirators to use counterfeit and stolen credit and debit cards to make fraudulent purchases at the Cigar and Tobacco Outlet. Merchant and his co-conspirators also allegedly forged the names of cardholders on credit and debit card receipts. The activities took places from September 2014 through September 2015.
Merchant was taken into custody last week in Florida after a Criminal Complaint was issued by the U.S. Attorney’s Office in Scranton.
The continuing investigation is being conducted by Homeland Security Investigations and detectives from the Monroe County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Phillip J. Caraballo.
Indictments 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 30 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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Monroe County Man Sentenced to 12 Years in Prison for Making False Claims of Owning Billions of Dollars of Oil and Negotiable Bank InstrumentsRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Richard J. Harley, age 71, of Shawnee on the Delaware, Pennsylvania was sentenced in Federal District Court in Wilkes-Barre to serve 12 years in prison by United States District Court Judge A. Richard Caputo. Harley was convicted after a two-week jury trial of 23 counts of wire fraud, bank fraud, bankruptcy fraud, and making false statements on bankruptcy schedules on December 15, 2014. Harley was ordered to pay restitution in the amount of $323,800. Harley was ordered to report to the Bureau of Prisons on November 23, 2015 to commence the sentence.
According to United States Attorney Peter Smith, Harley defrauded investors and attempted to defraud the Federal Reserve Bank of New York and several financial institutions by soliciting money based on false claims that his company, RJH and Co. Inc., owned 10 million barrels of oil in Texas worth over $1 billion and had “unrestricted bond power” over $5 trillion in federal reserve bank instruments supposedly held at the Federal Reserve Bank of New York. As a result of the fraud, investors lost approximately $323,800.
The bank fraud charge relates to Harley’s attempt to deposit two phony $500 million checks purportedly issued by the Federal Reserve Bank of New York into several financial institutions. Harley also filed three fraudulent bankruptcy petitions in 2010, 2011 and 2012 where he attempted to discharge the debt he owed to one of the primary victims of the oil scheme.
Harley was previously convicted of mail and wire fraud and sentenced to five years’ imprisonment in 2001 for a scheme that defrauded AIDS patients and investors relating to a fraudulent ozone-enema treatment he claimed cured AIDS. The jury verdict in the latest case relates to activities that occurred immediately after Harley was released from federal prison.
The case was investigated by the Federal Bureau of Investigations and was prosecuted by Assistant United States Attorney Bruce Brandler, Chief of the Criminal Division.
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Trucking Company Employee Charged with Stealing U.S. MailRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Luzerne County man has been charged with stealing mail from multiple United States Post Offices.
According to United States Attorney Peter Smith, Steven Dubravski, Sr., age 55, of Lattimer Mines, Pennsylvania, is charged with theft of mail in a Criminal Information filed today in the United States District Court in Scranton. Dubravski was employed by a trucking company and was responsible for picking up and delivering mail for United States Post Offices in Luzerne County. It is alleged that Dubravski stole cash and other items of value from inside multiple mail items intended for delivery to postal customers. The amount of loss is approximately $2,800. The thefts are alleged to have occurred from March 2013 through March 2014. Dubravski was fired by his employer after the company learned what had happened.
The government has filed a plea agreement with the defendant which is subject to the approval of the Court.
No date has been scheduled as yet for a hearing in the case.
The case was investigated by the United States Postal Service, Office of Inspector General. The defendant is being prosecuted by Assistant United States Attorney Michelle Olshefski.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing guidelines.
Theft of mail is punishable by up to 5 years’ imprisonment and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Luzerne County Man Sentenced to 9 Years in Prison for Possession and Sale of Stolen FirearmRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Luzerne County man was sentenced on November 5, 2015 to 9 years in prison by U.S. District Court Judge Robert D. Mariani in Scranton, for possession and sale of a stolen firearm.
According to United States Attorney Peter Smith, the defendant, James Pavlichko, previously pleaded guilty in July 2015. At that time, he admitted to stealing a .40 caliber Glock handgun from a friend’s home and selling it to a convicted felon in Kingston, Pennsylvania, on April 13, 2015.
The conviction is the result of an investigation conducted by the Kingston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Judge Mariani ordered that Pavlichko serve three years on supervised release following his prison sentence.
Assistant U.S. Attorney John Gurganus prosecuted the case.
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Two Men Charged with Drug and Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kyle Eugene Gordon, age 27, of Chambersburg, and Reginald L. Lomax, Jr., age 32, of York, were indicted separately by a federal grand jury yesterday in Harrisburg on drug and firearm offenses.
According to U.S. Attorney Peter Smith, Gordon is charged with being a felon unlawfully in possession of a firearm, possessing heroin with intent to distribute, and possession of a firearm in furtherance of drug trafficking, during April 2014 in Franklin County.
The investigation was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Franklin County Drug Taskforce. Prosecution is assigned to Assistant U.S. Attorney Eric Pfisterer.
Lomax, Jr. is charged with being a person unlawfully in possession of a firearm, possessing crack cocaine with intent to distribute, and possession of a firearm in furtherance of drug trafficking, during December 2014 in York County.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the York City Police Department. 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 for Gordon and Lomax under federal law is 20 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Second California Resident Sentenced to Prison for Helping to Transport Heroin Across the CountryRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 39-year-old California resident was sentenced to 41 months in prison today by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing with intent to distribute more than one kilogram of heroin.
According to United States Attorney Peter Smith, the defendant, Livier Cantor-Huizar, of Fresno, California, admitted to transporting heroin from California to the Mt. Pocono area of Monroe County in July 2014.
Cantor-Huizar 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.
Judge Conaboy ordered Cantor-Huizar to serve two years on supervised release following her prison sentence.
Last week, Judge Conaboy sentenced co-defendant Jose Rosario Huizar-Rios to 46 months in prison. Two other defendants have entered guilty pleas in the case and are awaiting sentencing.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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Philadelphia Man Convicted of Heroin Trafficking and Firearms Violation Following Jury TrialRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jose Juan Albertorio-Garcia, age 47, of Philadelphia, Pennsylvania, was convicted of possession of a firearm in furtherance of drug trafficking and distributing a controlled substance after a two and a half day jury trial in Harrisburg before U.S. District Court Judge Sylvia H. Rambo.
According to United States Attorney Peter Smith, the jury returned with the verdict of guilty after approximately two hours of deliberation. The charges against Albertorio-Garcia are a result of his supplying other drug dealers with heroin for distribution in Harrisburg in March 2014. Following Albertorio-Garcia’s arrest on March 18, 2014, the Pennsylvania State Police seized additional quantities of heroin and a firearm from his home on Rorer Street in Philadelphia, Pennsylvania. No sentencing date has been set for Albertorio-Garcia.
This case was investigated by the Drug Enforcement Administration and the Pennsylvania State Police and was prosecuted by Assistant U.S. Attorney Meredith A. Taylor.
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Operator of Northeastern Pennsylvania Investment Firm Sentenced to 11 Years for Two Million Dollar Fraud SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jason A. Muskey, age 39, of Moosic, Pennsylvania was sentenced on Friday, October 30, 2015, to 11 years in federal prison by United States District Court Judge Malachy E. Mannion, for diverting approximately two million dollars from clients’ accounts at a financial services firm he owned and operated over a seven year period from 2007 to 2014. Muskey was immediately taken into custody and remanded to the Lackawanna County Prison as he awaits designation to a federal facility to serve his sentence.
According to United States Attorney Peter Smith, Muskey was charged in February 2015 with mail fraud, money laundering, and aggravated identity theft. As presented in court at the time of Muskey’s guilty plea and the sentencing hearing, the evidence showed that Muskey, through his firm, Muskey Financial Services, offered financial advice and investment services to clients.
After being entrusted with client funds, Muskey forged clients’ signatures to obtain funds from his clients’ investment accounts, deposited funds into his personal accounts, and used the money for his own personal benefit. Muskey falsely represented to clients that the funds were being used to better their investments. When clients requested a return or withdrawal of their funds, Muskey took funds from accounts of other clients and purchased cashier’s checks to pay the clients who requested withdrawal. Some of the diverted funds came from individual retirement accounts (IRA’s) of clients. Muskey also used multiple means of identification of his clients to gain access to their funds to carry out his scheme.
According to the United States Attorney’s Office, there were approximately 26 victims of Muskey’s scheme. Several of the victims spoke in court about how Muskey asked them to trust him and then ruined them financially. Several elderly victims spoke about how they worked and saved their entire lives with the hope of not having to rely on others for financial assistance, or to have the opportunity to provide for their grandchildren. All of the victims asked Judge Mannion to impose a severe sentence.
The Government was able to forfeit some of the proceeds of Muskey’s fraud scheme in the amount of approximately $50,000. Muskey was ordered to pay restitution in the amount of $2,664,616.
The investigation was conducted by the United States Secret Service with the assistance of the United States Postal Inspection Service. The case was prosecuted by Assistant U.S. Attorney Michelle L. Olshefski.
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Two Illegal Aliens Indicted with Immigration ViolationsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sebastian Gonzalez-Delgado, age 27, of Guanajuato, Mexico, and Jose Ramos, age 33, a native and citizen of Guatemala, were indicted separately yesterday by a federal grand jury in Harrisburg on charges of illegally re-entering the United States after having been previously deported.
According to United States Attorney Peter Smith, Gonzalez-Delgado, was indicted on a charge of illegally re-entering the United States on an unknown date in February of 2015. The grand jury charged that Gonzalez-Delgado had previously been deported from the United States at the San Luis, Arizona Port of Departure on July 19, 2013. It is further alleged that Gonzalez-Delgado failed to get permission for re-entry into the United States as required by law.
Prosecution has been assigned to Assistant U.S. Attorney William H. Behe.
The maximum penalty under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Jose Ramos was indicted on a charge of illegally re-entering the United States. The grand jury charged Ramos was previously convicted of an aggravated felony offense and removed from the United States in 2010.
Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine.
Both matters were investigated by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO).
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Schuylkill County Man Sentenced to 27 Months in Prison for Illegal Possession of Unregistered MachinegunsRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 51-year-old Schuylkill County man was sentenced today to 27 months in prison by U.S. District Court Judge Malachy E. Mannion in Scranton, for his illegal possession of a fully functional unregistered machinegun, and an unmarked and unregistered drop in auto sear—which is a specific part that makes a semi-automatic rifle fire fully automatic when placed into the weapon.
According to United States Attorney Peter Smith, the defendant, James Augustus Brauer, previously pleaded guilty in April 2015, at which time he admitted to possession of the machineguns at his home on January 24, 2012.
The conviction is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pennsylvania State Police.
Judge Mannion also ordered that Brauer serve three years on supervised release following his prison sentence.
Assistant U.S. Attorney John Gurganus prosecuted the case.
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Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a federal Grand Jury in Harrisburg charged Manuel Zarate-Palomares with illegal re-entry into the United States by a previously deported alien.
According to United States Attorney Peter Smith, Zarate-Palomares, age 34, a native and citizen of Mexico, was arrested by the Border Patrol in New York and was extradited to Adams County, Pennsylvania on a bench warrant related to a traffic offense. He was previously deported from the United States on at least six occasions.
This matter was investigated by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO). Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 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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Philadelphia Man and Linden Woman Indicted for Conspiracy to Distribute Heroin Following Arrest in Loyalsock TownshipRead 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 a Philadelphia man and a Linden, Pennsylvania woman with conspiracy to distribute and distribution of heroin in Loyalsock Township, Lycoming County.
According to U.S. Attorney Peter Smith, the grand jury alleged that Timothy Moses, age 34, and Marissa Copen, age 26, conspired to distribute and distribution of heroin on or about October 2015. The indictment alleges that they utilized rental vehicles and hotel rooms to facilitate the distribution of heroin in the Williamsport area to carry out their activities. Moses and Copen were arrested on October 21, 2015.
The federal investigation was conducted by the Federal Bureau of Investigation with the assistance of the Pennsylvania State Police. Assistant United States Attorney George J. Rocktashel has been assigned to the prosecution of this matter.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the sentencing judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the sentencing judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Luzerne County Man Sentenced to 37 Months in Prison for Bath Salts ConspiracyRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Larksville man was sentenced today to 37 months in prison by U.S. District Court Judge Malachy E. Mannion in Scranton, for conspiring with others to distribute and possess with intent to distribute alpha-pvp, commonly known as “bath salts.”
According to United States Attorney Peter Smith, the defendant, John Pearce, previously admitted to participating in the conspiracy which distributed alpha-pvp to customers during December 2011 through August 2013.
Pearce was indicted by a federal grand jury in August 2014, as a result of an investigation by Homeland Security Investigations (HSI), the Drug Enforcement Administration, United States Postal Inspectors, the Pennsylvania State Police, and West Pittston Police. All eleven defendants charged in the case have entered guilty pleas, including the principal distributors from West Pittston, Pennsylvania, and their suppliers from Texas.
Judge Mannion also ordered that Pearce serve three years on supervised release following his prison sentence.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
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Carlisle Man Federally Indicted for Bank Robberies and Firearms ViolationsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeffrey Turns, age 32, of Carlisle, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg, Pennsylvania. The indictment charges Turns with bank robbery and use of a firearm during a crime of violence.
According to United States Attorney Peter Smith, the Indictment alleges that Turns robbed two banks in August 2015, one in Mechanicsburg, PA and one in Dillsburg, PA, using a firearm. Turns was apprehended after the second bank robbery through a cooperative effort by the Upper Allen Township, Camp Hill and Lower Allen Township Police Departments, and the Pennsylvania State Police. When taken into custody, Turns was allegedly fleeing in a stolen car with one firearm in his waistband, and nine additional stolen firearms in the back of the car.
This case is being investigated by the Federal Bureau of Investigation, the Mechanicsburg and Carroll Township Police Departments and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 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 24 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 24 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, Anthony Ianuale, age 43, of Sciota, Monroe County, pleaded guilty in July 2015 to the charge of aiding and abetting the distribution of methamphetamine.
Ianuale 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 Monroe County.
Previously, Emmanuel Tucker, age 39, of Stroudsburg, was sentenced to 41 months in prison for participating in the same methamphetamine trafficking conspiracy. In addition, defendants Scott Borushak, age 51, of Stroudsburg, and Fred Baumgartner, age 34, of Kresgeville, have entered guilty pleas and are awaiting sentencing. The charges against the remaining defendants are currently pending.
In addition to the prison term, Senior Judge Kosik also ordered that Ianuale be supervised by a probation officer for two years following his release from prison.
The cases are being prosecuted by Assistant United States Attorney Robert J. O’Hara.
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Mexican Citizen Charged with Illegal ReentryRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcements (ICE) Enforcement and Removal Operations (ERO) announced that Jorge Ayala-Spino, age 35, was charged yesterday with illegal reentry in an Indictment by a federal grand jury in Scranton.
According to U.S. Attorney Peter Smith, Ayala-Spino, a Mexican citizen, previously arrested and deported from the United States in 2008, reentered the United States unlawfully and was found in Lackawanna County as the result of an investigation and arrest by the Scranton Police Department in July 2015.
The investigation was conducted by U.S. Immigration and Customs Enforcements (ICE) Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Evan Gotlob.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 2 years imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Man Charged with Federal Heroin Trafficking OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Scranton man has been indicted by a federal grand jury in Scranton for heroin trafficking offenses.
According to United States Attorney Peter Smith, the indictment charges Camilo Andujar, aka “Melo,” age 24, with conspiracy to distribute heroin between June and August 2015, distribution of heroin and possession with intent to distribute heroin.
The charges stem from an investigation in which Scranton police allegedly made a purchase of heroin from Andujar and then obtained a search warrant for a residence, located on Electric Street in Scranton, where Andujar was residing. From the residence, police allegedly seized approximately 91 grams of heroin, a coffee bean grinder filled with heroin, $5,950 in cash, heroin packaging materials and drug paraphernalia.
The investigation was conducted by the Scranton Police Department, Special Investigations Division, Lackawanna County District Attorney’s Office and the Drug Enforcement Administration (DEA). Prosecution is assigned to Assistant United States Attorney Robert J. O’Hara.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is up to forty years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Williamsport Man Indicted for Firearms ViolationRead 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 the prohibited possession of a firearm.
According to United States Attorney Peter Smith, the grand jury alleges that Robert Cormier, age 32, possessed a semiautomatic handgun near 500 Fifth Avenue in Williamsport in February 2015. Police were called to the area based on reports of a shooting. Later police determined that Cormier was prohibited under Federal law from possessing a firearm based on his alleged criminal history. Cormier faces a single count of Possession of a Firearm by a Felon.
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. The case is being prosecuted by Assistant U.S. Attorney Geoffrey MacArthur.
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 from 10 years 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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Potter County Man Indicted for Distribution of Prescription Opiates and HeroinRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport returned a four-count Indictment charging a Galeton, Pennsylvania man with conspiracy to distribute, distribution, and attempted distribution of the prescription drugs, Oxycodone and Fentanyl, and heroin in Potter and Tioga Counties.
According to United States Attorney Peter Smith, on October 22, 2015, the grand jury charged David Piaquadio, age 58, Galeton, Pennsylvania, with distribution of Oxycodone pills and Fentanyl patches prescribed for him and other persons and covered by Medicaid and Medicare benefits. The Indictment also charges him with conspiracy to distribute and attempted distribution of those substances, as well as distribution of heroin purchased in Williamsport with the proceeds from illegal sales of the prescription drugs.
The federal investigation was conducted by the Office of Inspector General, U.S. Department of Health and Human Services and the Pennsylvania State Police. Assistant United States Attorney George J. Rocktashel has been assigned for prosecution.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the sentencing judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the sentencing judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Indicted on Heroin Trafficking ChargesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that federal grand jury in Harrisburg has indicted three men on multiple charges involving the unlawful distribution of heroin and marijuana, and criminal conspiracy.
According to United States Attorney Peter Smith, Robert Wolf, 23, Everett, PA, Senad Agu, 27, Philadelphia, and Sayeh Gondeh, 26, Bensalem, were charged in a three count indictment. Agu and Gondeh were charged in one count with unlawfully possessing at least 100 grams of heroin with the intent to distribute. All three men were charged in the other two counts with distributing and conspiring with each other to distribute at least 50 kilograms of marijuana since at least September 2013.
The case was investigated by the Harrisburg Resident Office of the Drug Enforcement Administration, the Pennsylvania State Police, the Franklin County Drug Task Force, and the Fulton County Drug Task Force. 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 the heroin charge is 40 years of imprisonment with a mandatory minimum 5 year term of imprisonment, a term of supervised release following imprisonment, and a fine. The marijuana counts are punishable by a maximum of 20 years imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Hazleton Man Charged with Heroin DistributionRead the Press Release
SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed October 19, 2015 in U.S. District Court in Scranton charging Jacob Davis, a 30-year-old Hazleton resident with distribution and possession with intent to distribute heroin during a three-month period in the Hazleton area between June and August of this year.
The charge resulted from an investigation by the Drug Enforcement Administration, the Pennsylvania State Police, and Hazleton Police.
The government also filed a plea agreement with the defendant which is subject to the approval of the court.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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 imprisonment for 20 years, a term of supervised release following imprisonment, and a $1 million 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 Resident Sentenced to Prison for Helping to Transport Heroin Across the CountryRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28-year-old California resident was sentenced yesterday to 46 months in prison by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing with intent to distribute more than one kilogram of heroin.
According to United States Attorney Peter Smith, the defendant, Jose Rosario Huizar-Rios, of Fresno, California, who is a citizen of Mexico, admitted to transporting heroin from California to the Mt. Pocono area of Monroe County in July 2014.
Huizar-Rios 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.
Judge Conaboy ordered Huizar-Rios to serve two years on supervised release following his prison sentence. Huizar-Rios also faces possible deportation from the United States.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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Mount Carmel Bus Company Operator Charged Federally with FraudRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Else, III, of Elysburg, Pennsylvania, president of King Coal Tours, a charter bus company, has been charged with fraud in connection with a government-funded public transportation program.
According to United States Attorney Peter Smith, Else, age 65, is charged with wire fraud in a Criminal Information filed today in U.S. District Court in Williamsport. The government alleged that, as president of the charter bus company based in Kulpmont, Pennsylvania, Else submitted false annual budgets and monthly invoices for expenses to the Pennsylvania Department of Transportation (PennDOT) and the U.S. Department of Transportation (DOT). The government agencies administer a program to provide financial assistance for public transportation for the Lower Anthracite Transportation System (LATS), a regional network, via the bus company.
The Information alleges that from 2006 and 2012, Else carried out a scheme to defraud PennDOT, DOT and Mount Carmel Borough by inflating budges and fraudulent overbilling and caused funds in the amount of $29,935 to be transmitted by wire communications to a bank account of his company in June 2012.
According to the U.S. Attorney’s Office, the total amount of the fraud could be between $150,000 and $400,000.
The government also filed a plea agreement, including payment of restitution, with the defendant which is subject to approval by the court.
The investigation was conducted by the U.S. Department of Transportation, Office of Inspector General and the Federal Bureau of Investigation. 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 $250,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
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Owner of Pennsylvania Diet Supplement Business Sentenced to 30 Months Imprisonment for Selling Misbranded Drugs as Weight Loss Products over the InternetRead the Press Release
The U.S. Attorney’s Office of the Middle District of Pennsylvania announced today that Cheryl Floyd, age 52, of Harrisburg, Pennsylvania, owner of Floyd Nutrition LLC, was sentenced to 30 months in federal prison by U.S. District Court Judge Sylvia H. Rambo of the Middle District of Pennsylvania today in Harrisburg for introducing misbranded drugs into interstate commerce and money laundering. Judge Rambo also ordered Floyd to pay $10,000 in fines and $7,530 in restitution.
According to summaries presented to the court by Assistant U.S. Attorney Christy H. Fawcett of the Middle District of Pennsylvania in connection with the guilty plea and the sentencing hearing, Floyd, also known as Cheryl Floyd Brown, was the owner and operator of an internet-based business known as Floyd Nutrition LLC, based at her Harrisburg residence and with warehouse facilities in the Harrisburg area.
The items offered for sale between 2010 and 2014 were purported all-natural dietary supplements sold as weight loss products. They contained the drugs sibutramine and phenolphphthalein which are not listed as ingredients in the product labels.
According to the U.S. Food and Drug Administration (FDA), sibutramine was the active pharmaceutical ingredient in Meridia, a prescription weight loss drug removed from the market in 2010 following studies that showed increased instances of heart attack and stroke in the studied population. Phenolphphthalein was an over-the-county drug until 1999, when the FDA reclassified it as not generally safe because it posed a carcinogenic risk.
As a result of the health risks, the FDA detained shipments of the products coming from China intended for Floyd’s business. In July 2014, search warrants executed at locations used by Floyd’s business resulted in seizure of a large quantity of the products. The products were sold over the internet by Floyd under names such as Slim Trim U, ZXT Slim Bee Pollen, Magic Slim, ZXT Bee Pollen, ZXT Gold Infinity, Lean Body Extreme, Bnew Beauty and Body and Natural Body Solutions.
“Manufacturing and selling products marketed as ‘all-natural’ dietary supplements put U.S. consumers at risk of serious injury or death when they actually contain dangerous pharmaceutical ingredients,” said Director George M. Karavetsos of the FDA Office of Criminal Investigations. “We will continue working with our law enforcement partners to protect consumers from public health risks and fraud.”
“I would first like to commend the United States Attorney’s office and the FDA Office of Criminal Investigations for their fine work on this investigation,” said Special Agent in Charge Akeia Conner of Internal Revenue Service-Criminal Investigation (IRS-CI). “Today’s sentence, along with the seizure of over $1,000,000 in assets, sends a clear message to those considering similar conduct. The Internal Revenue Service-Criminal Investigation stands committed to providing the financial expertise in these investigations and uncovering the flow of money which is the lifeblood of any drug enterprise.”
Floyd pleaded guilty in May 2015 pursuant to a plea agreement that included an agreement to forfeit five properties in Harrisburg owned by the defendant, a 2014 Chevy truck and nine bank accounts. Three of the properties forfeited thus far have netted $1,016,943. Floyd is to surrender to the Federal Bureau of Prisons on Nov. 16, 2015.
This case was investigated by the FDA Office of Criminal Investigations, IRS-CI and the Dauphin County Drug Task Force, and was prosecuted by Assistant U.S. Attorney Fawcett.
Owner of Harrisburg Diet Supplement Business Sentenced to 30 Months Imprisonment for Selling Misbranded Drugs as Weight Loss Products over the InternetRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Cheryl Floyd, age 52, Harrisburg, owner of Floyd Nutrition LLC, was sentenced to 30 months in federal prison by United States District Court Judge Sylvia H. Rambo today in Harrisburg for introducing misbranded drugs into interstate commerce and money laundering. Judge Rambo also ordered Floyd to pay $10,000 in fines and $7,530 in restitution.
According to summaries presented to the court by Assistant U.S. Attorney Christy H. Fawcett in connection with the guilty plea and the sentencing hearing, Floyd, also known as Cheryl Floyd Brown, was the owner and operator of an internet-based business known as Floyd Nutrition LLC, based at her Harrisburg residence and with warehouse facilities in the Harrisburg area.
The items offered for sale between 2010 and 2014 were purported all-natural dietary supplements sold as weight loss products. They contained the drugs sibutramine and phenolphthalein which are not listed as ingredients in the product labels.
According to U.S. Food and Drug Administration (FDA) sibutramine was the active pharmaceutical ingredient in Meridia, a prescription weight loss drug removed from the market in 2010 following studies that showed increased instances of heart attack and stroke in the studied population. Phenolphthalein was an over-the-county drug until 1999 when FDA reclassified it as not generally safe because it posed a carcinogenic risk.
As a result of the health risks, the FDA detained shipments of the products coming from China intended for Floyd’s business. In July 2014, search warrants executed at locations used by Floyd’s business resulted in seizure of a large quantity of the products. The products were sold over the internet by Floyd under names such as Slim Trim U, ZXT Slim Bee Pollen, Magic Slim, ZXT Bee Pollen, ZXT Gold Infinity, Lean Body Extreme, Bnew Beauty and Body and Natural Body Solutions.
“Manufacturing and selling products marketed as ‘all-natural’ dietary supplements put U.S. consumers at risk of serious injury or death when they actually contain dangerous pharmaceutical ingredients,” said George M. Karavetsos, Director, FDA Office of Criminal Investigations. “We will continue working with our law enforcement partners to protect consumers from public health risks and fraud.”
Akeia Conner, Internal Revenue Service, Special Agent in Charge, said “I would first like to commend the United States Attorney’s office and the FDA Office of Criminal Investigations for their fine work on this investigation. Today’s sentence along with the seizure of over $1,000,000 in assets sends a clear message to those considering similar conduct. The Internal Revenue Service, Criminal Investigation stands committed to providing the financial expertise in these investigations and uncovering the flow of money which is the lifeblood of any drug enterprise.”
Floyd pled guilty in May 2015 pursuant to a plea agreement that included an agreement to forfeit five properties in Harrisburg owned by the defendant, a 2014 Chevy truck, and nine bank accounts. Three of the properties forfeited thus far have netted $1,016,943. Floyd is to surrender to the Federal Bureau of Prisons on November 16, 2015.
This case was investigated by the FDA Office of Criminal Investigations, Internal Revenue Service Criminal Investigations, and the Dauphin County Drug Task Force and prosecuted by Assistant U.S. Attorney Christy H. Fawcett.
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New York Man Sentenced to 19 Years Imprisonment for Robberies of Fast Food RestaurantsRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced today that Maurice Lebron Davis, age 40, of Brooklyn, New York was sentenced to 19 years in federal prison by U.S. District Court Judge John E. Jones III today, as a result of his April 2015 conviction of eight counts of robbery or attempted robbery following a four day jury trial in Harrisburg.
According to United States Attorney Peter Smith, Davis was charged in an Indictment by a grand jury in February 2013. Davis robbed or attempted to rob fast food restaurants located in Cumberland, Dauphin and York counties between December 2011 and February 2012. For some of the robberies, Davis broke the drive-thru window and crawled inside, waiting for employees to arrive. For others, Davis accosted employees in the parking lot and forced them to let him into the restaurants. He would then demand they give him money, before fleeing the scene.
These cases were investigated by the Federal Bureau of Investigation, Pennsylvania State Police, and the police departments of Upper Allen, Middlesex, Carroll, Swatara, Lower Allen and Silver Spring Townships, and the Harrisburg Police Department. The case was prosecuted by Assistant United States Attorney Meredith A. Taylor.
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Harrisburg Man Sentenced to 12 Years Imprisonment for Distribution of Heroin and CocaineRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced today that Nicholas Rivera, age 41, of Harrisburg, Pennsylvania was sentenced to 12 years in federal prison today by United States District Court Chief Judge Christopher C. Conner, in Harrisburg for drug trafficking.
According to United States Attorney Peter Smith, Rivera pleaded guilty to a superseding information in June 2015 that charged him with distribution and possession with intent to distribute a controlled substance. The charges against Rivera were a result of Rivera selling heroin and cocaine to an undercover trooper in Harrisburg on five separate occasions from March 2014 through May 2014. Following Rivera’s arrest, the Pennsylvania State Police executed a search warrant on Rivera’s residence on Crescent Street in Harrisburg, PA and recovered approximately $8,000 hidden in a floor vent, along with other evidence of drug trafficking.
This case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police and the Dauphin County Drug Task Force. This case was prosecuted by Assistant United States Attorney Meredith A. Taylor.
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Luzerne County Man Pleads Guilty to Making False Statements to Federally Licensed Firearms Dealers in Connection with Straw Party Gun PurchasesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthias Michael Yuran, age 27, of West Wyoming, Pennsylvania, pleaded guilty on October 13, 2015 before U.S. Magistrate Judge Joseph F. Saporito, Jr. in Wilkes-Barre to making false statements to federally licensed firearms dealers in connection with the purchase of 16 firearms.
According to United States Attorney Peter Smith, Yuran was charged in September 2015 with making false statements in connection with gun purchases. Between September 2014 and February 2015, Yuran made false written statements to firearms dealers in Luzerne, Lackawanna, and Bucks Counties. The statements were intended to deceive the dealers. Yuran falsely represented (1) that he was the actual buyer of the firearms and (2) the he was not an unlawful user or addicted to controlled substances, when in fact, he knew (1) that he was not the actual buyer, and (2) that he was an unlawful user of controlled substances.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Wyoming Borough Police Department. Prosecution is assigned to Assistant United States Attorney John C. Gurganus, Jr.
Yuran 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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Former Schuylkill County Employee Pleads Guilty to Embezzlement of $452,186 from Federal-State Reclamation FundsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Schuylkill County employee, Virginia G. Kunigonis, age 54, of Pottsville, Pennsylvania, pleaded guilty today before U.S. District Judge William W. Caldwell to embezzling $452,186 from the Schuylkill County Conservation District between 2007 and 2014.
In an Information filed with United States District Court in September 2015 in Harrisburg, Kunigonis, a county employee who worked for the County’s Conservation District, was charged with one count of theft from programs receiving federal funds. The Information alleged Kunigonis forged 437 Conservation District checks totaling $410,435 payable to herself between October of 2007 and May of 2014. The Information also alleged Kunigonis used a Conservation District credit card to pay an additional $41,751 in personal expenses during that same time period. The Schuylkill County Conservation District received in excess of $10,000 in federal grant monies each year between 2007 and 2014.
According to U.S. Attorney Peter Smith, the embezzled money came from an account containing federal and state funds intended to be used for reclamation projects in the county.
Kunigonis’ guilty plea was entered pursuant to a plea agreement wherein she agreed to cooperate with the government, to make restitution as ordered by the court, and to forfeit the sum of $452,186, all of her interest in her Pottsville, PA residence, and all of her interest in her Schuylkill County employee retirement account, net of taxes, to the government.
Kunigonis began working as an administrative assistant for the Schuylkill County Conservation District in approximately 2002. Prior to that she worked in various capacities for Schuylkill County since 1986. No date has yet been scheduled for sentencing.
The case was investigated by the Scranton Office of the FBI and is being prosecuted by Assistant US Attorney Kim Douglas Daniel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for Health Care Fraud is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum term of imprisonment for False Statements in Health Care Matters is 5 years imprisonment.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Dauphin County Man Sentenced to 10 Years Imprisonment in Federal Child Sex Trafficking CaseRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Coy C. Klinger, age 38, of Lower Paxton Township, Pennsylvania was sentenced yesterday to 10 years in federal prison by United States District Court Judge John E. Jones, III, in Harrisburg for sex trafficking of children.
According to U.S. Attorney Peter Smith, Klinger pleaded guilty in February 2015 to operating a prostitution business out of his home in Lower Paxton Township. Klinger trolled the internet to find young women to engage in sexual activity for money with customers in his home in Lower Paxton Township. Klinger retained a portion of the money paid for the sex acts. After examining Klinger’s Iphone and laptop computer, the FBI found evidence that he was taking nude photographs of the girls and posting the photographs online in advertisements for prostitution services.
After Klinger serves his 10 year prison term, Judge Jones ordered him to remain on supervised release for an additional 5 years.
This case was investigated by the Federal Bureau of Investigation, the Lower Paxton Township Police Department and the Dauphin County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
This case was brought as part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Postal Employee Charged with Obstruction of the MailRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a United States Post Office Employee has been charged with obstruction of the mail.
According to United States Attorney Peter Smith, Bruce J. Kizer, age 37, of Taylor, Pennsylvania, is charged in a Criminal Information filed on October 9, 2015 in the United States District Court in Scranton with Obstruction of Mail. The charge is based upon Kizer’s alleged conduct involving theft of United States currency contained in greeting cards entrusted to him for delivery to customers on his mail route in Scranton. The amount of loss is approximately $500. The thefts are alleged to have occurred from May through June 2014.
Kizer has resigned from his employment with the United States Post Office.
Kizer is scheduled for his initial appearance before U.S. Magistrate Judge Joseph F. Saporito, Jr. on October 29, 2015 in Wilkes-Barre.
The case was investigated by the United States Postal Service, Office of Inspector General. The defendant is being prosecuted by 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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing guidelines.
In this case, the maximum penalty under federal law is 6 months imprisonment and a $5,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pike County Man Charged with Bankruptcy FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Pike County man has been indicted by a grand jury in Harrisburg on multiple bankruptcy fraud and false statement charges.
According to United States Attorney Peter Smith, the Indictment alleges that Daniel Wise, age 55, filed three successive Chapter 13 bankruptcy petitions in the U.S. Bankruptcy Court in Middle District of Pennsylvania between August 2012 and November 2012 and that Wise failed to disclose his ownership of a $2.4 million promissory note in all three petitions. The Indictment also alleges that Wise failed to disclose the fact he was actively engaged in litigation over the $2.4 promissory note in the State of New York at the time he filed his petitions. All three bankruptcy petitions were eventually dismissed by the Bankruptcy court by March 2013.
If convicted, WISE could be sentenced to a maximum of five years imprisonment and a fined $100,000 on each count.
The case was investigated by the Scranton Office of the FBI and is being prosecuted by Assistant US Attorney Kim Douglas Daniel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Indicted on Drug Trafficking and Weapons ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Harrisburg man has been indicted by a federal grand jury in Harrisburg on multiple firearms charges and charges involving possession and distribution of heroin and crack cocaine.
According to United States Attorney Peter Smith, Michael A. Ridgeway, age 23, of Harrisburg, was charged in a five count indictment with unlawfully possessing with the intent to distribute heroin, crack cocaine, marijuana and oxycodone on three separate occasions from January through June of 2015, and with possessing firearms in furtherance of drug trafficking on two of those occasions.
The case was investigated by the Harrisburg Office of the Bureau of Alcohol, Tobacco and Firearms and the Harrisburg Police Department. 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 is 20 years of imprisonment on each of the drug counts, a term of supervised release following imprisonment, and a fine. The maximum penalty for each of the firearms counts is life with a mandatory minimum consecutive sentence of 5 years. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Contractor Charged with $1.2 Million Fraud in Connection with Mechanicsburg Naval Facility ContractRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former U.S. Navy contractor has been indicted and arrested for submitting False Statements to the government and defrauding his subcontractors out of $1.2 million involving a project at the Naval Support Activity facility in Mechanicsburg.
According to United States Attorney Peter Smith, an Indictment by a grand jury in Harrisburg, filed with United States District Court today in Harrisburg, Andrew Persaud, age 43, of Mt. Holly Springs, Pennsylvania, was charged with making false statements to the government.
The Indictment alleges Persaud was the President and Corporate Director of Persaud Companies, Inc., a Virginia and Maryland based construction company that entered into a $4.4 million contract in 2011 to renovate warehouses at the Naval facility. Persaud hired approximately 17 sub-contractors to work on the project which began in May 2012.
In June and July of 2012 Persaud allegedly submitted invoices for progress payments to the Navy. In the documents Persaud certified that all of the subcontractors had been paid for their work on the project. Relying on the verity of Persaud’s representations, the Navy sent Persaud payments totaling $1,206,470 between June and August 2012.
By September 2012 most of the subcontractors had walked off the job site. The Navy terminated Persaud’s contract after it learned, contrary to Persaud’s certifications, that none of the subcontractors had received any payment for their work on the project.
Because the Navy had required Persaud to purchase a materials/labor bond, the subcontractors eventually received payments from the bond carrier totaling $1,281,753.
The Indictment alleges that the government is seeking forfeiture of the proceeds of the criminal conduct in the amount of $1,206,470.
No date has been set for Persaud’s arraignment on the charges.
The case was investigated by the Inspector General’s Offices of the US Navy and Department of Defense, and is being prosecuted by Assistant US Attorney Kim Douglas Daniel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the offense is 10 years imprisonment, a term of supervised release following imprisonment, and a fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Eight Men Charged Federally with Participating in Schuylkill County Heroin ConspiracyRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania, today announced the indictment and arrests of eight men for participating in an interstate heroin trafficking conspiracy based in Shenandoah, Pennsylvania.
According to United States Attorney Peter Smith, the indictment by a federal grand jury in Scranton on September 9, 2015 was made public after all defendants were taken into custody. The indictment alleges the eight men conspired to distribute and possess with intent to distribute more than a kilogram of heroin between July 2012 and the present.
The indictment alleges that as part of the conspiracy, the defendants and/or their co-conspirators obtained heroin from suppliers in New Jersey, New York, and Hazleton; maintained “stash houses” in Schuylkill County where heroin, firearms and money were stored; possessed firearms to protect their drug distribution locations and activities; used cell phones to communicate with drug associates and customers; distributed the drug to others in Schuylkill County; and used threats and intimidation to collect drug debts, punish disloyalty, and further the goals of the conspiracy.
Those named in the indictment and their charges are:
- Rhashean Strange a/k/a “Chicago”, age 30: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin; and carrying and possessing a firearm in furtherance of drug trafficking;
- Anthony Navarro-Velez a/k/a “Essay”, age 30: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin;
- Jesus Santos, age 35: conspiracy to distribute more than a kilogram of heroin; four counts of distribution of heroin;
- Thomas Nestor, age 38: conspiracy to distribute more than a kilogram of heroin; five counts of distribution of heroin;
- Nicolai Varga, age 25: conspiracy to distribute more than a kilogram of heroin; two counts of distribution of heroin;
- Derek Yashinsky a/k/a “Clumzy”, age 25: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin;
- Carlos Correa, age 30: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin;
- Paul Jadus, age 50: conspiracy to distribute more than a kilogram of heroin; two counts of distribution of heroin; maintaining a building, room or enclosure for the purpose of storing, distributing or using heroin.
The government is also seeking forfeiture of property allegedly used in the alleged criminal activities or were part of the proceeds, and were seized by law enforcement officers, including four firearms and approximately $13,000 in cash found in two Shenandoah residences. The government is also seeking a $1 million asset forfeiture money judgment based on the alleged criminal activity.
All of the defendants are residents of Shenandoah, Pennsylvania.
Rhashean Strange faces a mandatory minimum of 15 years in prison and a potential maximum sentence of life in prison if he is convicted of all of the charges. The other seven defendants face a mandatory minimum of 10 years in prison and a potential maximum sentence of life in prison if convicted of all of the charges.
The charges against the defendants resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, the Schuylkill County District Attorney’s Office, and local police in Schuylkill County.
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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New York Men Charged with Federal Access Device FraudRead 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 against Vernal Moffet, age 29, of Queens, New York, Rushane Kennedy, age 23, of Rosedale, New York and Shavouy Paisley, age 24 of Queens, New York. The indictment charges the three men with possession of unauthorized access devices and criminal conspiracy to possess unauthorized access devices.
According to United States Attorney Peter Smith, Moffet, Kennedy and Paisley were stopped in Cumberland County in September 2014 by Hampden Township Police Department after making suspicious purchases at CVS and Rite Aid establishments located on Carlisle Pike in Mechanicsburg, Pennsylvania. The police seized more than 100 counterfeit Visa cards from the vehicle the three men had been traveling in, along with gift cards.
During the investigation, the United States Secret Service determined the account numbers associated with the magnetic strips on the cards belonged to account holders from dozens of banks and institutions across the country. After reviewing bank records, the Secret Service identified more than a half a dozen retail establishments on the Carlisle Pike where the defendants attempted or made purchases using these unauthorized account numbers.
This investigation is being conducted by the United States Secret Service and the Hampden Township Police Department and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
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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Anniversary of the Americans with Disabilities Act Highlights School Districts’ Obligation to Effectively Communicate with Those with Hearing, Vision, and Speech ImpairmentsRead the Press Release
HARRISBURG - In its ongoing effort to mark the 25th Anniversary of the Americans' with Disabilities Act (ADA), the United States Attorney’s Office for the Middle District of Pennsylvania is calling attention to the obligation of public schools to effectively communicate with individuals with hearing, vision, and speech impairments. We have sent a brochure to public schools in the Middle District reminding them of their responsibility to provide auxiliary aids and services to those that need them and to provide notification to the public on how to request those aids and services.
Under the ADA, public school districts must ensure that communication with students with hearing, vision, or speech disabilities is as effective as communication with individuals without disabilities. The obligations are not limited just to students - schools are obligated to provide effective communication to parents, relatives, guardians, and other members of the public who seek to participate in or benefit from a school district’s services, programs, or activities. This is especially true in regard to student registration, parent-teacher conferences, meetings, ceremonies, performances, open houses, and field trips.
Schools must not charge for these auxiliary aids and services and must evaluate which aids or services will provide the effective communication on an individual basis (providing primary consideration to the request of the individual with the impairment). Schools should also proactively notify parents, students, and the community about the right to effective communication, provide training to staff on the federal and state laws, and place information on the district’s public accessible website on how to request auxiliary aids and services.
The brochure describes the ADA requirements, as well as requirements of section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act. The brochure also list helpful tips for schools and provides examples of auxiliary aids and services.
Additional information about the ADA is available at www.ada.gov, or through contacting the ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).
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Monroe County Man Sentenced to 41 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 41 months’ imprisonment by Senior United States District Judge Edwin M. Kosik for participating in a methamphetamine trafficking conspiracy.
According to United States Attorney Peter Smith, Emmanuel Tucker, age 39, of Stroudsburg, Monroe County, pleaded guilty in May 2015 to the charge of conspiracy to distribute methamphetamine.
Tucker was one of seven individuals indicted by a federal grand jury in April 2014 after a several month investigation conducted jointly by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain Regional Police Department and the Stroud Regional Police Department regarding methamphetamine trafficking in Monroe County.
Previously, Scott Borushak, age 51, of Stroudsburg, and Fred Baumgartner, age 34, of Kresgeville, pleaded guilty and admitted to participating in the same methamphetamine trafficking conspiracy. The charges against the remaining defendants are currently pending.
In addition to the prison term, Senior Judge Kosik also ordered that Tucker 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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Two Lewisburg Federal Prison Inmates Charged with Assault on Another InmateRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that charges have been filed in U.S. District Court in Williamsport against Loren N. Smith and Jessy A. Nelson, who are currently confined at the U.S. Penitentiary, Lewisburg, Pennsylvania.
According to United States Attorney Peter Smith, Nelson, age 30, and Smith, age 36, are charged in separate one-count felony Informations with allegedly assaulting another Lewisburg inmate by punching and kicking him in the head in December 2014.
The government filed plea agreements with each defendant which are subject to approval by the court.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Wayne P. Samuelson has been assigned to prosecute the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In both cases, the maximum penalty under the federal statutes is 10 years imprisonment, a term of supervised release following imprisonment, and a fine of $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
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Former Office Manager Charged with Theft of Health Center Residents Trust FundsRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced the indictment of Kristy Scott Jewett, age 35, of Carlisle, on charges of theft of public funds.
The Indictment alleges that, from 2008 to June 2014, Jewett was the Office Manager for Forest Park Health Center and Rehabilitation in Carlisle, Pennsylvania, a facility that receives in excess of $10,000 in federal benefits annually. In that capacity, Jewett had responsibility for financial accounts at Forest Park, including resident trust funds. The Indictment alleges that the funds held deposits of residents of the facility to be used for care-related and incidental expenses, and that Jewett, in each of four separate years, stole more than $5,000 of Resident Trust Fund money for her own benefit and use.
Jewett allegedly made false entries in the ledgers of the Resident Trust Fund account and falsified monthly account reconciliations provided to Forest Park managers to conceal the scheme.
The Indictment by a federal grand jury in Harrisburg was filed on September 23, 2015 and was sealed until today when Jewett was arrested, appeared in court before U.S. Magistrate Judge Susan E. Schwab, and was released on her own recognizance. The case has been assigned to U.S. District Judge William W. Caldwell.
The investigation was conducted by the Federal Bureau of Investigation. Prosecution has been assigned to Assistant U.S. Attorney Joseph J. Terz.
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 on each count 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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