Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Scranton Woman Pleads Guilty to Illegally Acquiring FirearmsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 49-year-old Scranton woman pleaded guilty yesterday before U.S. District Court Judge Malachy E. Mannion in Scranton, for making false representations in connection with the purchase of firearms.
According to United States Attorney Peter Smith, the defendant, Kimberly Royce, admitted that on two occasions in 2013, she made false statements to a federally licensed firearms dealer in Luzerne County to acquire firearms. Royce obtained a 9mm pistol on January 30, 2013, and a .45 caliber pistol on March 29, 2013, and on both occasions she falsely represented that she was not purchasing them for another person and that she was not an unlawful user of a controlled substance.
Royce was indicted by a federal grand jury in October 2014, as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Wilkes-Barre Police, and Kingston Police.
Royce faces up to 10 years in prison on each count. Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.
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 guilty 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.
Mechanicsburg Man Sentenced for Impersonating A Federal AgentRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandon H. Schnetzka, age 41, of York, Pennsylvania was sentenced today to 18 months incarceration in a federal prison by Senior United States District Court Judge Sylvia Rambo. Schnetzka pleaded guilty to one count of impersonating an officer or employee of the United States on July 30, 2014.
According to United States Attorney Peter Smith, the charge against Schnetzka is a result of a report that he falsely represented himself as a Special Agent from the Federal Bureau of Investigation in order to fraudulently procure a Lexus loaner vehicle from a Mechanicsburg, Pennsylvania dealership. After multiple requests, Schnetzka eventually returned the vehicle after using it for 8 days.
This case was investigated by the Federal Bureau of Investigation and the Silver Spring Township Police Department. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Mechanicsburg Man Sentenced for Illegal Sports Gambling OperationRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 40-year old Mechanicsburg man was sentenced today before Senior U.S. District Court Judge William C. Caldwell to 5 months in federal prison followed by 5 month’s house arrest. Sheely is to report for service of his sentence on April 7, 2015.
Steven Sheely, Jr., pled guilty on December 4, 2014, to being involved with his father, Steven Sheely, Sr., and seven other named individuals, in a conspiracy to run an illegal sports gambling operation.
According United States Attorney Peter Smith, Sheely, Sr. and the others took in millions of dollars in illegal bets on all manners of sporting events. The bookmaking activity took place mainly in the central Pennsylvania area where the participants in the organization lived. The organization was dismantled primarily through the use of a court authorized wiretap and the arrest of the participants on May 22, 2014.
The prosecution stemmed from an investigation conducted by the Federal Bureau of Investigation, the Commonwealth of Pennsylvania’s Department of Agriculture’s Racing Commission, and the Pennsylvania State Police. Assistant United States Attorney William A. Behe was assigned to handle the investigation and prosecution of the case.
Three New York City Men Plead Guilty to Possession of Counterfeit Credit CardsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that 3 New York City men pleaded guilty today in United States District Court in Harrisburg, before Senior U.S. District Court Judge William J. Caldwell to charges they possessed 62 counterfeit credit cards.
According to United States Attorney Peter Smith, Danillo Vargas, age 26, Jeriel Delosangeles, age 25, and Miguel Almonte, age 22, all from the Bronx, NY, pleaded guilty to an Indictment in July of 2014 charging them with one count of possession of 15 or more counterfeit or unauthorized access devices.
The trio was arrested on November 19, 2013, following a PA State Police traffic stop for speeding on Route 30 near Hellam Township, York County. A consent search of the defendants’ vehicle yielded 26 counterfeit Mastercard, American Express and Visa credit cards plus a counterfeit Florida driver’s license. A subsequent search of the vehicle pursuant to a search warrant yielded another 36 counterfeit credit cards and a counterfeit Connecticut driver’s license. The drivers licenses bore the photographs of Almonte and Vargas. Fifty-Four of the 62 counterfeit credit cards were in Almonte’s name. The government’s investigation revealed no charges had been incurred on any of the counterfeit credit cards.
No date was set by Judge Caldwell for sentencing.
The investigation was conducted by the U.S. Secret Service and is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 10 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.
Carlisle Man Sentenced for Heroin TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mark Allen Parks, Jr., age 34, of Carlisle, Pennsylvania was sentenced by Chief Judge Christopher C. Connor to 78 months in federal prison on drug trafficking charges.
According to United States Attorney Peter Smith, Parks supplied heroin to individuals in the Franklin and Cumberland County areas from October 2013 through April 2014.
Parks was indicted by a grand jury in May 2014 and plead guilty in August 2014.
This case was jointly investigated by the Drug Enforcement Administration, Shippensburg Police Department, the Pennsylvania State Police, the Cumberland County Drug Task Force, the Cumberland County District Attorney’s Office and the Franklin County District Attorney’s Office. This case was prosecuted by Assistant United States Attorney Meredith A. Taylor.
Monroe County Man Charged with Heroin TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 22-year-old Monroe County resident was arrested yesterday for allegedly distributing heroin during June and July of last year.
According to United States Attorney Peter Smith, the defendant, Emmanuel Delcastillo, a/k/a “Capo,” of Tobyhanna, was indicted by a federal grand jury in October 2014, and had been a fugitive from justice until surrendering to federal agents today. The indictment alleges that Delcastillo distributed heroin on June 26 and July 1, 2014, in Monroe County.
The charges stem from an investigation by special agents and task force officers of the Drug Enforcement Administration, the Pennsylvania State Police, and Pocono Mountain Regional Police.
Delcastillo was arraigned yesterday before U.S. Magistrate Judge Karoline Mehalchick in Scranton. He was ordered to be detained in prison pending trial, which is scheduled for May 14, 2015.
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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 40 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.
York Springs Man Sentenced to Prison for Workers' Compensation FraudRead the Press Release
The U.S. Attorney's Office for the Middle District of Pennsylvania announced that Robert M. Fowler, 61, of York Springs, Pennsylvania, was sentenced yesterday for workers' compensation fraud involving $24,934.68 of benefits he was not entitled to receive. U.S. District Court Judge William W. Caldwell sentenced Mr. Fowler to three months' imprisonment to be followed by two years supervised release and ordered him to pay $23,792.00 in restitution. Fowler was ordered to surrender to the Bureau of Prisons by March 25, 2015.
According to U.S. Attorney Peter Smith, Fowler sustained an on-the-job injury in 1999 while working at the Defense Industrial Plant Equipment Center in Mechanicsburg, Pennsylvania, and began receiving federal workers' compensation benefits from the Office of Workers' Compensation Programs (OWCP) shortly thereafter. Recipients of these benefits are required to submit forms to OWCP on a periodic basis to insure they are still eligible to receive the benefits.
Fowler previously admitted that he lied on several forms he submitted to OWCP because he falsely claimed he was not incarcerated during the prior fifteen months for a felony and was residing with his wife. In fact, Fowler was in the Adams County Jail between September 2012 and July 2013 and had not resided with his wife between October 2010 and March 2014. As a result of the false statements, OWCP paid Fowler $24,934.18 which he was not entitled to receive.
Fowler was charged in a criminal Information filed in the U.S. District Court in July 2014.
The case was investigated by the U.S. Department of Labor, Office of Inspector General, and was assigned to Bruce Brandler, Chief of the Criminal Division, for prosecution.
Reading Man Sentenced to 28 Months in Prison for Heroin TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 58-year-old Reading man was sentenced to 28 months in prison Friday by U.S. District Court Judge Robert D. Mariani for conspiring with others to distribute heroin in the Monroe-Berks County area in 2013.
According to United States Attorney Peter Smith, the defendant, Richard Carvajal, previously pleaded guilty to participating in the drug conspiracy.
Carvajal was indicted by a federal grand jury in March 2014, as a result of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, and Berks County Detectives.
Judge Mariani also ordered Carvajal to serve three years on supervised release following his prison sentence, and to pay a special assessment of $100.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
New Jersey Man Charged with Passing Counterfeit Currency at Poconos CasinoRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of a criminal information yesterday charging Walter Cruz, Jr., age 36, of Paterson, New Jersey, with passing counterfeit United States currency at the Mount Airy Casino in Mt. Pocono, Pennsylvania, on October 20, 2014. The government also filed a plea agreement with the defendant which is subject to approval by the Court.
According to United States Attorney Peter Smith, the charge is the result of an investigation conducted by the Pennsylvania State Police and the United States Secret Service. Prosecution is assigned to Assistant United States Attorney Todd K. Hinkley.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is twenty 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.
Mexican National Sentenced to 12 Months Imprisonment for Eighth Illegal Reentry into United StatesRead the Press Release
The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Santiago Ortiz-Otiz, formerly of New Cumberland, PA, was sentenced yesterday for illegal reentry. U.S. District Court Judge William J. Caldwell sentenced Ortiz-Ortiz to the one year imprisonment followed by 3 years supervised release.
Ortiz-Ortiz, a citizen of Mexico, was arrested by agents from the U.S. Immigration and Customs Enforcement (ICE) at the restaurant where he worked in Etters, PA, on April 23, 2014. Thereafter, Ortiz-Ortiz was indicted by a grand jury in Harrisburg for illegal entry into the United States after a felony conviction in May 2014. Ortiz-Ortiz pleaded guilty to the Indictment in October 2014.
The government’s investigation revealed Ortiz-Ortiz had been deported from the United States on eight prior occasions since 1987. His most recent deportation took place on August 8, 2008.
The case was investigated by the Homeland Security Investigations and was prosecuted by Assistant United States Attorney Kim Douglas Daniel.
# # #Lewisburg Federal Prison Inmate Charged with AssaultsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that charges have been filed against Andrew Barnes, who is currently confined at the U.S. Penitentiary, Lewisburg, Pennsylvania.
According to United States Attorney, Peter Smith, Barnes, age 35, is charged in a two-count felony Information with assault with a dangerous weapon. In August 2014, and again in October 2014, Barnes allegedly assaulted two other Lewisburg inmates with homemade weapons.
The government filed a plea agreement with the defendant which is 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 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 statutes is 20 years imprisonment, a term of supervised release following imprisonment, and a fine of $500,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
Harrisburg Man Involved in Illegal Sports Gambling Sentenced to ProbationRead the Press Release
The U.S. Attorney's Office for the Middle District of Pennsylvania announced that Michael Puglisse, 68, of Harrisburg, was sentenced today for conspiracy to engage in illegal gambling. U.S. District Court Judge William W. Caldwell sentenced Puglisse to one year probation and ordered him to pay a fine of $4,000.
According to U.S. Attorney Peter Smith, Puglisse had a role in the illegal sports gambling organization operated by Steven Sheely, Sr. Sheely recently pled guilty, agreed to forfeit roughly $800,000.00 in seized assets, and is awaiting sentencing. Before imposing sentence, Judge Caldwell noted Puglisse’s minor criminal record and limited role in the organization, as well as Puglisse’s military record.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Commonwealth of Pennsylvania’s Department of Agriculture. Assistant United States Attorney William A. Behe prosecuted the case.
Harrisburg Businessman Sentenced to Prison Term for Withholding Tax FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 31-year old Harrisburg man was sentenced today before Senior U.S. District Court Judge William C. Caldwell to six months imprisonment, three years supervised release and payment to the IRS of $216,000, along with penalties and interest.
According to United States Attorney Peter Smith, Howard Ginting was the sole owner of Ginting Enterprises, Inc., a Pennsylvania corporation located in Harrisburg. Ginting Enterprises supplied day laborers to businesses in central and northeastern Pennsylvania. As the owner and operator, Ginting was required to withhold from the wages of employees the Federal Insurance Contributions Act (FICA) taxes on a quarterly basis. From October, 2006 through February, 2008, Ginting Enterprises paid wages totaling approximately $851,553; Gintingfalsely reported to the IRS that he had only paid $68,549. He underpaid the Social Security tax and Medicare taxes owed by GEI by approximately $119,799.
In February, 2008, Ginting shut down Ginting Enterprises and continued his same labor supply business under the name Trojan Services, Inc. Between February, 2008 and May, 2011, Trojan paid wages of approximately $638,477; Gintingfailed to report to the IRS all wages paid to his employees, underpaying Social Security tax and Medicare taxes by approximately $97,047.
This resulted in underreporting the employee and employer share of the Social Security and Medicare taxes in the total amount of approximately $216,846.
Ginting was charged by a grand jury in Harrisburg in an indictment in January 2014, following an investigation by the Internal Revenue Service Criminal Investigations. The case was prosecuted by Assistant U.S. Attorney Gordon Zubrod.
Dauphin County Man Pleads Guilty in Federal Child Sex Trafficking CaseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Coy C. Klinger, 37, of Lower Paxton Township, Pennsylvania pleaded guilty to sex trafficking of children before United States District Court Judge John E. Jones, III, in Harrisburg.
According to U.S. Attorney Peter Smith, Klinger was charged in September 2014 for seeking out young girls and women online and having them engage in sexual activity for money with customers in his home in Lower Paxton Township. Klinger took graphic, nude photographs of the girls and women and posted them online in advertisements for prostitution services. The FBI found evidence on electronic devices in Klinger’s home at 5716 Kenwood Avenue, including an Iphone and a laptop computer.
This case was investigated by the Federal Bureau of Investigation, the Lower Paxton Township Police Department and the Dauphin County District Attorney’s Office and 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/.
At sentencing, Klinger faces a mandatory minimum of 10 years imprisonment on the sex trafficking charge and a statutory maximum of life imprisonment. The United States and Klinger have agreed to jointly recommend a sentence of 120 months’ incarceration but the final determination as to Klinger’s sentence will be the decision of the 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.
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.
Allentown Man Sentenced to Prison for Federal Cocaine TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Torres, age 25, of Allentown, Lehigh County was sentenced today, in federal court in Scranton by Senior United States District Judge Edwin M. Kosik, to serve 78 months in prison on the charge of conspiracy to distribute cocaine.
According to United States Attorney Peter Smith, Torres previously pleaded guilty to distributing crack cocaine and powder cocaine in the Carbon County area between January 2011 and December 2012.
In addition to the prison term, Senior Judge Kosik also ordered that Torres be supervised by a probation officer for four years following his release from prison.
Torres was indicted by a federal grand jury on October 30, 2012, after an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Nesquehoning and Lansford Police Departments in Carbon County.
Torres is the seventh and final defendant to be sentenced in connection with the investigation. Previously, the following defendants, all from Carbon Country, were sentenced:
- Bonnie Vosburgh, age 22, of Nesquehoning, sentenced to 60 months in prison on the charge of
conspiracy to distribute cocaine;
- Victoria Ann Argott, age 34, of Lansford, sentenced to 40 months in prison on the charge of
conspiracy to distribute cocaine;
- Alexander “Butch” Sommers, age 37, of Summit Hill, sentenced to 37 months in prison on the
charge of aiding and abetting the distribution of cocaine;
- Jordan Bachert, age 29, of Lansford, sentenced to 30 months in prison on the charge of being an
unlawful user of controlled substances in possession of firearms;
- Joseph Revell, age 21, of Nesquehoning, sentenced to 30 months in prison on the charge of
distributing cocaine; and
- Ceres Lozada, age 27, of Nesquehoning, sentenced to 21 months in prison on the charge of
conspiracy to distribute cocaine.The cases were prosecuted by Assistant United States Attorney Robert J. O’Hara.
Former Township Tax Collector Charged Federally with Theft of $300,000 in Public FundsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed today against Melissa Ann Arnold, 46, of York.
According to United States Attorney Peter Smith, the Information alleges that during 2008 and 2009, Arnold stole more than $300,000 from tax payments made by citizens to Spring Garden Township, York County. Arnold was the Treasurer and Tax Collector for Spring Garden Township from 1995 until October 2009. Arnold was allegedly able to steal the tax payments because many of the checks were written out to her and, rather than deposit the checks into the Township’s account, she deposited them into her personal account.
The government also filed a plea agreement with the defendant which must be approved by the court. York County submitted an insurance claim for the funds and received full repayment. Arnold has entered into an agreement with the insurance company to pay back the full amount and has already paid part of the amount due.
The case was investigated by the Federal Bureau of Investigation with assistance of the Pennsylvania State Police and Spring Garden Township Police Department, and is being prosecuted by 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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 10 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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Horse Trainer Sentenced for Rigging RacesRead the Press Release
A Central Pennsylvania thoroughbred horse trainer who raced horses at Penn National Race Course in Grantville was in Dauphin County Court in Harrisburg was sentenced today to rigging races by administering drugs to horses on race day in violation of rules and regulations banning such treatment.
The United States Attorney’s Office for the Middle District of Pennsylvania and the Dauphin County District Attorney’s Office announced that David J. Wells, 50, Grantville, was sentenced today by Court of Common Pleas Judge Deborah E. Curcillo to 6 months in prison for rigging publicly exhibited contests, in this case, thoroughbred races at Penn National Race Course. Wells was sentenced to 5 years intermediate punishment with the first 6 months in prison. The first 3 months are to be served in the Dauphin County Prison followed by 3 month’s confinement in Dauphin County Prison’s secure work release center.
According to United States Attorney Peter Smith, Wells was charged in October 2014 and plead guilty in December 2014. At the guilty plea proceeding, Wells admitted that he orally or by hypodermic injection illegally administered drugs to horses he trained and raced in order to give him and his horses an advantage in the races. Wells admitted that he was fully aware that this was in violation of the criminal laws of the Commonwealth of Pennsylvania, as well as racing rules and regulations. Wells also admitted that efforts were made to conceal this activity from the public and the Racing Commission. The activity took place between 2009 and 2013.
The prosecution stemmed from an investigation conducted by the FBI, the Pennsylvania Department of Agriculture’s Racing Commission, the Pennsylvania State Police and the Dauphin County District Attorney’s Office into alleged wrongdoing in races at Penn National Race Course. As part of the investigation, Daniel Robertson, the official clocker at Penn National, was indicted in U.S. District Court on federal wire fraud charges in November 2013 and pleaded guilty on July 22, 2014.
The Wells investigation was transferred to the Dauphin County District Attorney’s Office for prosecution of the violation of state law as part of plea negotiations between Wells and the United States. Assistant United States Attorney William A. Behe was specially appointed by Dauphin County District Attorney Edward Marsico as a Special Assistant District Attorney to handle the Wells prosecution and other related prosecutions that may arise from the ongoing federal investigation.
# # #Two New York Men Sentenced for Trafficking HeroinRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Nelson, age 42, and Greg Bush, age 53, both of Brooklyn, New York were sentenced in federal court in Scranton on charges of trafficking in 100 grams or more of heroin.
United States District Court Judge Robert D. Mariani sentenced Nelson to 37 months imprisonment and Bush was sentenced to 60 months imprisonment. This case involved the prosecution of 8 defendants. Five have been previously sentenced. One went to trial, was convicted, and is awaiting sentencing.
According to the United States Attorney Peter Smith, both Nelson and Bush were part of an Indictment that was filed on October 16, 2012 in the Middle District of Pennsylvania. The Indictment charged that between September 2011 through May 2012, Nelson and Bush were involved in a conspiracy to distribute and possessed with intent to distribute 100 grams or more of heroin from New York to Scranton and Wilkes-Barre, Pennsylvania.
The prosecution arose from the efforts of a joint investigation conducted by the Drug Enforcement Agency in Scranton, the Lackawanna County District Attorney’s Office – Detective Division, the Pennsylvania State Police, as well as both the Scranton and Wilkes-Barre Police Departments. Assistant United States Attorney Michelle Olshefski prosecuted the case.
Former Pennsylvania Treasurer Robert M. McCord Pleads Guilty to Two Counts of Attempted ExtortionRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that former Pennsylvania State Treasurer Robert M. McCord pleaded guilty to two counts of attempted extortion in violation of Title 18, United States Code Section 1951(a).
Each count is punishable by up to 20 years’ imprisonment and fine of up to $250,000. U.S. District Court Judge John E. Jones, III, accepted the guilty plea and scheduled a pre-sentence conference for June 29, 2015.Mr. McCord admitted that he attempted to extort campaign contributions from a law firm and a property management company while he was running for Governor by threatening economic harm to the potential donors if they failed to make sufficient campaign contributions. In particular, McCord threatened to use his position as State Treasurer to interfere with the business that the law firm and property management firm were conducting with the state if they did not make the contributions.
First Assistant U.S. Attorney Dennis C. Pfannenschmidt was designated United States Attorney for this case because United States Attorney Peter J. Smith recused himself. Mr. Smith previously worked for Mr. McCord for a short period of time at the Pennsylvania Treasury Department.
Mr. Pfannenschmidt stated that “public corruption cases are some of the most serious cases our office handles and this case indicates a serious breach of the public trust. Our office is committed to working with our law enforcement partners in holding public officials responsible for their violation of the public trust.”
“The citizens of the Commonwealth expect and deserve public officials who perform their duties free of deceit, favoritism, bias, self-enrichment, concealment and conflict of interest,” said Special Agent in Charge Edward J. Hanko of the Philadelphia Division of the FBI. “Public corruption is an erosion of the public’s trust in our system of government, and the FBI stands committed to holding public officials accountable when they violate their oaths of office and betray that trust.”
"The abuse of power by elected officials tears at the fabric of society, undermines the rule of law and weakens public confidence in government," said Major Andrew Ashmar, Pennsylvania State Police, Bureau of Criminal Investigation. "The Pennsylvania State Police is steadfast in our commitment to bring to justice those who use the power of their office for personal gain rather than serving the best interest of the public."
“When our public officials fail to uphold the integrity of the office to which they were elected, the Internal Revenue Service, Criminal Investigation Division is committed to working with our fellow law enforcement agencies to restore the public’s trust,” said Special Agent in Charge Akeia Conner.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation Division. The prosecution is assigned to Assistant United States Attorneys Michael A. Consiglio, William S. Houser, and Gordon A. D. Zubrod.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Federal Bank Robbery Charges Filed Against Scranton ManRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania has announced that a 16 count Criminal Information has been filed against Francis McBride, age 27 of Scranton, Pennsylvania, charging him with bank robbery, attempted bank robbery and interference with commerce by threats or violence.
According to the United States Attorney Peter Smith, the Information alleges that from March through August 2014, McBride engaged in a series of attempted bank robberies and one successful bank robbery in Pennsylvania, New Jersey and New York. The Information also alleges that McBride robbed four gas stations/convenience stores in Scranton and Moosic. McBride was arrested in August 2014.
The investigation was conducted by the Scranton office of the Federal Bureau of Investigation and the Scranton Police Department. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
McBride faces a maximum penalty of 20 years’ incarceration and a $250,000 fine for each count in the Information.
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.
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 Attempt to Entice A Minor via the InternetRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a felony Criminal Information charging Hugo Perez Banda, age 27, of Scranton, Pennsylvania, was filed today in the United States District Court in Scranton.
According to United States Attorney Peter Smith, Perez was charged with allegedly attempting to entice a minor to engage in an unlawful sexual act by use of the internet during January 2014.The government filed a plea agreement with the defendant which is subject to approval by the Court.
The offense call for a mandatory minimum sentence of 10 years, a maximum sentence of up to life and a $250,000 fine.
The investigation was conducted by the Department of Homeland Security, Homeland Security Investigations, and the Scranton, Pennsylvania Police Department. The case is assigned to Assistant United States Attorney Todd K. Hinkley.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty 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.
Carbon County Man Sentenced to 15 Years in Prison for Producing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 47-year-old Kidder Township man was sentenced to 15 years in federal prison today by Senior U.S. District Court Judge Edwin M. Kosik in Scranton, for producing child pornography.
According to United States Attorney Peter Smith, the defendant, Todd Kowar, previously pleaded guilty to persuading and inducing a minor to engage in sexually explicit conduct for the purpose of producing images of such conduct. Kowar committed the crime between 2008 and December 2012.
The case against Kowar resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Kidder Township Police. Kowar was indicted by a federal grand jury in July 2014.
Judge Kosik ordered that Kowar’s federal sentence run consecutive to a sentence he is currently serving in Carbon County for other charges. Kowar must also serve 10 years on supervised release following his prison sentence, and pay a $100 special assessment. Kowar must also undergo sex offender treatment and comply with sex offender restrictions and registration requirements when he is released from prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
Monroe County Man Charged with Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Stroudsburg man was arrested by federal agents yesterday on drug trafficking charges brought by a federal grand jury.
According to United States Attorney Peter Smith, the grand jury returned a Criminal Indictment last week alleging that Eddie Pace, age 40, conspired with others to distribute and possess with intent to distribute more than 100 grams of heroin and more than 500 grams of cocaine in Monroe County and elsewhere. The indictment also charges Pace with distributing heroin on November 6, 2014 and January 14, 2015.
The charges stem from an investigation by special agents of the Federal Bureau of Investigation, the Pennsylvania State Police, Monroe County Detectives, the Monroe County Drug Task Force, and the Stroud Area Regional Police Department.
Pace was arraigned on the charges today before U.S. Magistrate Judge Karoline Mehalchick in Scranton. He was ordered to be detained in prison pending trial in the case.
If he is convicted of the charges, Pace faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the conspiracy charge, and a potential maximum sentence of 30 years in prison for each distribution charge.
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 guilty 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.
(Indictment)
Operator of Northeastern Pennsylvania Investment Firm Charged with Two Million Dollar Fraud SchemeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania has filed criminal charges against Jason A. Muskey, age 37, of Moosic, Pennsylvania, the operator of a financial services firm, alleging that Muskey diverted approximately two million dollars from clients’ accounts at the firm over a seven year period from 2007 to 2014.
According to United States Attorney Peter Smith, Muskey is charged with mail fraud, money laundering and identity theft in a Criminal Information filed today in the United States District Court in Scranton. The charges allege that Muskey, through his firm, Muskey Financial Services, offered financial advice and investment services to clients. After being entrusted with his clients’ funds, Muskey allegedly 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 allegedly falsely represented to clients that the funds were being used to better their investments. When clients requested return or withdrawal of their funds, Muskey allegedly took funds from accounts of other clients and purchased cashier checks to pay the clients who requested withdrawal. Some of the diverted funds came from individual retirement accounts (IRA’s) of clients. Muskey also allegedly used identification information of other persons to gain access to funds to carry out his scheme.
According to the United States Attorney’s Office, there were approximately 26 victims of Muskey’s scheme. The Criminal Information alleges that the government is seeking forfeiture of property obtained with the proceeds of the fraud scheme, including:
- property in Nuangola, Pennsylvania;
- proceeds from property in Moosic, Pennsylvania;
- timeshare properties in Mountain Laurel Resort and Spa, White Haven, Pennsylvania and the Grand Cayman Island Resort;
- the contents of bank accounts at PNC Bank, Peoples Security Bank and a Union Central 401(k) plan;
- two boats, three trailers and a pickup truck.The Government also filed a plea agreement with the defendant which is subject to the approval of the court. If convicted, Muskey faces a maximum of 22 years in prison and $1,000,000 in fines.
The investigation is being conducted by the United States Secret Service with the assistance of the United States Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Michelle L. 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.
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.
(Information)
Harrisburg Man Sentenced to 139 Months for Distribution of Crack CocaineRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge John E. Jones sentenced Terrell Hickerson, age 35, of Harrisburg, to 139 months’ imprisonment after Hickerson pleaded guilty in August 2014 to distribution and possession with intent to distribute cocaine base, also known as crack cocaine.
According to U.S. Attorney Peter Smith, as early as the fall of 2012, Hickerson began selling crack cocaine in the Harrisburg area. This conviction represents Hickerson’s third drug trafficking conviction; he was most recently released in September 2011 after serving a 97 month term of imprisonment for conspiracy to distribute crack cocaine.
This case was investigated by the Federal Bureau of Investigation Capital City Safe Streets Task Force, the Harrisburg Bureau of Police, the Hampden Township Police Department and the Dauphin County Drug Task Force. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
Franklin County Woman Sentenced to 27 Months in Federal Drug Trafficking CaseRead the Press Release
The United States Attorney=s Office for the Middle District of Pennsylvania announced today that Senior U.S. District Court Judge Sylvia H. Rambo sentenced Perla Roman, 32, of Waynesboro, Pennsylvania to 27 months of incarceration for her participation in a drug trafficking conspiracy. On July 28, 2014, Roman pleaded guilty to conspiring with others to distribute and possess with the intent to distribute cocaine hydrochloride.
According to U.S. Attorney Peter Smith, from 2010 to 2013, Roman and others distributed cocaine hydrochloride in the Middle District of Pennsylvania, Maryland and Virginia. This organization obtained cocaine in Chicago, Illinois, transported it back to the Waynesboro, PA area and distributed it in the surrounding counties as well as Maryland and Virginia.
This case was investigated by the Drug Enforcement Administration and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
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.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Former Rite Aid Vice President and New Jersey Businessman Plead Guilty in $29.1 Million Fraud & Kickback SchemeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Rite Aid Vice President and a New Jersey business man have pleaded guilty to charges in connection with a $29.1 million dollar surplus inventory sales/kickback scheme. Rite Aid is a publicly-owned national drug store chain with its headquarters located in Camp Hill, Pennsylvania.
During a hearing before U.S. District Court Judge John E. Jones III this afternoon, Jay Findling, age 54, of Manalapan, New Jersey, pleaded guilty to an Information charging him with Conspiracy to commit Wire Fraud. In a separate proceeding held earlier in the day, Judge Jones also accepted the guilty plea of former Rite Aid Vice President Timothy P. Foster, age 65, of Portland, Oregon, to the same Information charging him with False Statements to Authorities. Both charges are punishable by up to 5 years imprisonment and a $250,000 fine.
According to U.S. Attorney Peter Smith, the charges are based upon Foster’s and Findling’s 9 year conspiracy to defraud Rite Aid via a surplus inventory sales scheme. During the time period in question, Foster worked for Rite Aid in Oregon. As the Vice President for Quality Assurance, Foster’s primary responsibilities involved the liquidation of surplus Rite Aid inventory across the United States. The scheme succeeded by making Rite Aid believe its surplus inventory had been sold to Findling’s company, J. Finn Industries, LLC, for amounts reported by Foster when, in fact, the inventory had been sold to third parties for greater amounts. Findling would then kick back a portion of his profits to Foster. The scheme started in 2001 and continued until February of 2010 when Foster resigned from Rite Aid.
During the guilty plea proceeding Findling admitted he established a bank account in New Jersey under the name of “Rite Aid Salvage Liquidation.” The account was used by the conspirators to collect the payments from the real buyers of the surplus Rite Aid inventory. After the payments were received, Findling would send lesser amounts dictated by Foster to Rite Aid for the goods, thus inducing Rite Aid to believe the inventory had been purchased by J. Finn Industries, not the real buyers. During the guilty plea proceeding the government alleged Findling received at least $127.7 million from the real buyers of the surplus Rite Aid inventory but, with Foster’s help, only tendered $98.6 million of that amount to Rite Aid, leaving Findling approximately $29.1 million in profits from the scheme. The government also alleged Findling kicked back approximately $5.7 million of the $29.1 million to Foster.
Foster admitted during his guilty plea hearing that he knowingly and willfully lied when he was interviewed by the FBI in January of 2014 and denied he conspired with Findling to defraud Rite Aid. Foster subsequently recanted his false statements when he was re-interviewed by the FBI on May 1, 2014. During that interview Foster not only admitted he conspired to defraud Rite Aid with Findling, he voluntarily surrendered $2.9 million in cash he had received from Findling over the life of the conspiracy. Foster had stored the cash stored in three 5 gallon paint containers in his Phoenix, Arizona garage.
The Information was filed pursuant to plea agreements with the two defendants. Both agreements require the defendants to cooperate with the government and to pay restitution to Rite Aid as ordered by the court. Findling’s plea agreement also obligated him to make a $11.6 million dollar, lump sum forfeiture payment to the government, which Findling turned over to the U.S. Marshal Service Asset Forfeiture Fund at the conclusion of the hearing.
The case was investigated by the Harrisburg Office of the FBI. Both defendants are being prosecuted by Assistant United States Attorney Kim Douglas Daniel assisted by David Clark, Litigation Financial Analyst.
Pike County Man Pleads Guilty to Receiving and Distributing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Dingman’s Ferry man pleaded guilty today before U.S. District Court Judge Malachy E. Mannion in Scranton, to receiving and distributing child pornography.
According to United States Attorney Peter Smith, the defendant, Daniel Decker, age 29, admitted that he used a computer between January 2, 2015 and January 20, 2015, to obtain and distribute images of young children engaged in sexually explicit conduct.
Decker was charged in an Information filed by the United States Attorney on February 2, 2015. The charge resulted from an investigation by the Federal Bureau of Investigation and the Lackawanna County District Attorney’s Office.
Decker faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison. A sentencing date will be scheduled after the completion of a pre-sentence investigation report.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Scranton Woman Arrested by Federal Agents for Unlawfully Acquiring FirearmsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Scranton woman was arrested by federal agents yesterday for making false representations in connection with the acquisition of firearms.
According to United States Attorney Peter Smith, a federal grand jury sitting in Scranton indicted Kimberly Royce, age 49, in October 2014 on two counts of making false statements to a federally licensed firearms dealer in Luzerne County to acquire firearms. The two-count indictment alleges that Royce obtained a 9mm pistol on January 30, 2013, and a .45 caliber pistol on March 29, 2013, and that she falsely represented that she was not purchasing them for another person and was not an unlawful user of a controlled substance. Royce surrendered to federal agents this morning.
The charges stem from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Wilkes-Barre Police, and Kingston Police.
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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 10 years imprisonment on each count, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Monroe County Man Sentenced to Six Years in Prison for Crack Cocaine TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 35-year-old Stroudsburg area man was sentenced to six years in prison by United States District Court Judge Robert D. Mariani for distributing crack cocaine in the Monroe County area in 2013.
According to United States Attorney Peter Smith, the defendant, Jose Hernandez-Tirado, previously pleaded guilty to distribution and possession with intent to distribute crack cocaine.
Hernandez-Tirado was charged in an Information filed in August 2014. The charge against Hernandez-Tirado resulted from an investigation by the Drug Enforcement Administration, Homeland Security Investigations, the Pennsylvania State Police, and Berks County Detectives.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
# # #
Dominican Man Sentenced in Federal Court for Heroin Distribution in HazletonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Santiago Guerrero-Nova, age 31, formerly of Hazleton, Pennsylvania, was sentenced to 17 months, the length of time he has been in prison since his arrest for distributing heroin in Hazleton, Pennsylvania on August 28, 2013. Guerrero-Nova, who was not legally in the United States at the time of the offense, now faces deportation proceedings to the Dominican Republic, his native country.
According to United States Attorney Peter Smith, Guerrero-Novo previously pleaded guilty to a criminal information charging him with heroin distribution. The charges were the result of an investigation conducted by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant United States Attorney John Gurganus prosecuted the case.
Tobyhanna Woman Charged with Social Security FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton has issued an indictment charging a Tobyhanna woman with devising and carrying out a scheme to defraud the Social Security Administration (SSA) of financial benefits intended for low-income individuals and families.
According to United States Attorney Peter Smith, the indictment alleges that Darlene Loveless, aged 50, of Tobyhanna, Pennsylvania, received a substantial inheritance in 2007 but claimed not to have any significant family resources when she was interviewed by a representative of the SSA in early 2010. As a result, Loveless allegedly continued to collect Supplemental Security Income benefits on behalf of her adopted daughter in 2010, 2011, and 2012, despite the fact that the majority of the inheritance allegedly remained in the possession of Loveless during the time that the benefits were being paid to her as a “representative payee.”
The investigation was conducted by the Social Security Administration. Prosecution is assigned to Assistant United States Attorney Peter Hobart.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under federal law for Fraudulent Acts in relation to Supplemental Security Income is five (5) years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine, and the maximum penalty for Theft of Government Property is ten (10) years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
(Indictment)
New York Man Charged with Federal Firearms CrimeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an indictment was returned by a grand jury charging a New York man with being a felon in possession of a firearm/ammunition and possession of a controlled substance.
According to United States Attorney Peter Smith, the indictment alleges that Tyrone Greene, aged 41, of New York City, was arrested on November 20, 2014, by the Hanover Township Police for possession of a loaded, .40 caliber, Beretta handgun and a plastic bag containing marijuana. At the time of his arrest Greene had a prior felony conviction making it illegal for him to possess a firearm.
Greene faces up to 11 years in prison and fines of up to $500,000.The investigation was conducted by the Federal Bureau of Investigation and the Hanover Township Police. The case is being prosecuted by Assistant United States Attorney Peter Hobart.
The maximum penalty under federal law for being a felon in possession of a firearm is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possessing marijuana is up to 1 year of imprisonment, a term of supervised release following imprisonment, and a fine.
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.
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.
(Indictment)
Long Island Man Sentenced to Prison on Drug ChargeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Long Island man was sentenced on January 29, 2015 in federal court in Wilkes-Barre, by Senior United States District Judge A. Richard Caputo, to serve 42 months in prison on a charge of conspiracy to distribute methylone.
According to United States Attorney Peter Smith, Richard King, age 30, a resident of Long Island, New York, pleaded guilty to the charge in September of last year. King was ordered to serve an additional 3 years’ under court supervision upon his release from prison.
King was charged after an investigation conducted by the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. The investigation commenced after law enforcement agents in Tennessee seized approximately three kilograms of methylone, a controlled substance “club drug,” commonly known as “molly,” that had been imported into the United States from China. The investigation revealed that individuals in Luzerne County were importing the drugs from China and distributing them in Pennsylvania to Richard King, and others, who then distributed the drugs in clubs in New York City.The case was prosecuted by Assistant United States Attorney William S. Houser.
York Men Affiliated with Latin Kings Street Gang Enter Guilty Pleas to Puerto Rico-York Drug Trafficking and Firearms OffensesRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced that three men have entered guilty pleas to drug trafficking and firearms offenses for their roles in the importation from Puerto Rico and distribution of kilograms of heroin and cocaine into York, Pennsylvania.
According to United States Attorney Peter Smith, on January 29, 2015, Angel Mendez-Castro, age 27, of Puerto Rico and York, entered a guilty plea to conspiracy to import and distribute over five kilograms of cocaine and heroin from 2010 to 2013. Mendez-Castro also admitted to using threats of violence against witnesses and firearms to protect the trafficking between Puerto Rico and York. The maximum penalty for the offense is a ten-year mandatory sentence and a maximum punishment of life in prison.
The Mendez-Castro guilty plea is the culmination of multi-year investigation by the Pennsylvania State Police and the York County Drug Task Force, conducted with the assistance of the Federal Bureau of Investigation. The investigation involved hundreds of purchases of heroin, cocaine, and crack cocaine made from over one hundred individuals in York. Many of the individuals involved in the conspiracy were arrested in a sweep that began on February 6, 2013, in York County. Thereafter, 15 individuals were indicted by a federal grand jury in Harrisburg for leadership roles in the heroin and cocaine trafficking.
On January 29, 2015, Angel Mendez-Castro’s brother and cousin entered guilty pleas. Christian Mendez-Castro, a/k/a “King Rampage,” age 22, of Puerto Rico and York, entered a guilty plea to drug trafficking conspiracy. Hector Castro-Padro, a/k/a “Fernando,” age 29, of York, entered a plea to drug trafficking and firearms offenses. A sentencing date for these three defendants has not been set by the U.S. District Court Judge Yvette Kane.
As part of the overall investigation, the United States Attorney’s Office charged others affiliated with the distribution of heroin and cocaine in York. The status of the other cases is as follows:
William Ortiz, age 53, of York, pleaded guilty to drug trafficking. On August 21, 2014, he was sentenced to 10 years in prison.
Luis Angel Ortiz, a/k/a “C Lo,” age 31, of York, pleaded guilty to drug trafficking. On April 15, 2014, he was sentenced to twelve (12) years and six (6) months in prison.
Jose Cartegena, Jr., a/k/a “Warrior,” age 35, of York, pleaded guilty to drug trafficking. On April 28, 2014, he was sentence to 60 months in prison.
Marcus Garcia, a/k/a “King Paradise,” age 28, of York, pleaded guilty to drug trafficking. On September 5, 2014, he was sentenced to six (6) years and five (5) months in prison.
David Ramsey, a/k/a “King Knuckles,” age 32, of York, pleaded guilty to drug trafficking. On December 9, 2014, he was sentenced to five (5) years in prison.
Carlos Villalongo-Martinez, age 38, of York, pleaded guilty to drug trafficking. On July 29, 2014, he was sentenced to two (2) years in prison.
Brandon Jones, age 27, of York, pleaded guilty to drug trafficking. On June 3, 2014, he was sentenced to six (6) years in prison.
Antonio Navarro-Garcia, a/k/a “King Trigger,” age 22, of York, pleaded guilty to drug trafficking. On November 25, 2014, he was sentenced to five (5) years in prison.
Michael Enriquez, a/k/a “King Rage,” age 30, of Camden, New Jersey, pleaded guilty to drug trafficking. On January 27, 2015, he was sentenced to ten (10) years in prison.
Hector Rengifo, age 40, of York, pleaded guilty to drug trafficking on August 4, 2014. He is awaiting sentencing.
August Ranalli, age 31, and Daniel Pacheco-Morels, age 41, both of York, are scheduled for trial on March 31, 2015.
Prosecution of the cases is assigned to Assistant United States Attorney Michael A. Consiglio.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the maximum penalty under the federal statute is life imprisonment for the defendants and a term of supervised release following imprisonment and a fine. Each defendant also faces a mandatory minimum period of incarceration of ten 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.
Pike County Man Charged with Receiving and Distributing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an Information was filed today charging a Dingman’s Ferry man with receiving and distributing child pornography.
According to United States Attorney Peter Smith, the Information alleges that Daniel Decker, age 29, used a computer between January 2, 2015 and January 20, 2015, to receive and distribute images of young children engaged in sexually explicit conduct.
The charge stems from an investigation by the Federal Bureau of Investigation and the Lackawanna County district Attorney’s Office.
Decker faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison if he is convicted of the charge.
This case was brought as part of Project Safe Childhood, a
nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."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 guilty 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.
Pennsylvania Treasurer Robert M. McCord Charged with Two Counts of Attempted ExtortionRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that a criminal Information was filed against Pennsylvania State Treasurer Robert M. McCord charging him with two counts of attempted extortion in violation of Title 18, United States Code Section 1951(a). Each count is punishable by up to 20 years’ imprisonment and fine of up to $250,000. In addition, a plea agreement was filed indicating that Mr. McCord will plead guilty to both charges when he appears in federal court for his arraignment.
The case has been assigned to U.S. District Court Judge John E. Jones, III, and the arraignment is scheduled to occur on February 17, 2015 at 10:00 a.m.According to the Information filed today, Mr. McCord attempted to extort campaign contributions from a law firm and a property management company while he was running for Governor by threatening economic harm to the potential donors if they failed to make sufficient campaign contributions. In particular, McCord threatened to use his position as State Treasurer to interfere with the business that the law firm and property management firm were conducting with the state if they did not make the contributions.
Attached to the plea agreement is a joint statement of facts agreed to by the parties. The statement outlines the facts underlying the criminal charges in greater detail.
First Assistant U.S. Attorney Dennis C. Pfannenschmidt was designated United States Attorney for this case because United States Attorney Peter J. Smith recused himself. Mr. Smith previously worked for Mr. McCord for a short period of time at the Pennsylvania Treasury Department.
Mr. Pfannenschmidt stated that “public corruption cases are some of the most serious cases our office handles and this case indicates a serious breach of the public trust. Our office is committed to working with our law enforcement partners in holding public officials responsible for their violation of the public trust.”
“The citizens of the Commonwealth expect and deserve public officials who perform their duties free of deceit, favoritism, bias, self-enrichment, concealment and conflict of interest,” said Special Agent in Charge Edward J. Hanko of the Philadelphia Division of the FBI. “Public corruption is an erosion of the public’s trust in our system of government, and the FBI stands committed to holding public officials accountable when they violate their oaths of office and betray that trust.”
"The abuse of power by elected officials tears at the fabric of society, undermines the rule of law and weakens public confidence in government," said Major Andrew Ashmar, Pennsylvania State Police, Bureau of Criminal Investigation. "The Pennsylvania State Police is steadfast in our commitment to bring to justice those who use the power of their office for personal gain rather than serving the best interest of the public."
“When our public officials fail to uphold the integrity of the office to which they were elected, the Internal Revenue Service, Criminal Investigation Division is committed to working with our fellow law enforcement agencies to restore the public’s trust,” said Special Agent in Charge Akeia Conner.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation Division. The prosecution is assigned to Assistant United States Attorneys Michael A. Consiglio, William S. Houser, and Gordon A. D. Zubrod.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a 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.
(Information)
(Plea Agreement)
(Joint Statement of Facts)
Twelve Sentenced in Federal Court in Interstate Conspiracy Involving Bank Fraud, Money Laundering and Drug Manufacturing ChargesRead the Press Release
The United States Attorney=s Office for the Middle District of Pennsylvania announced that twelve individuals previously charged either by indictment or information have all been sentenced in federal court in Scranton. The federal charges involved conspiracy to commit bank fraud, money laundering, and the manufacture of marijuana in Northeastern Pennsylvania and New Jersey. The last of the defendants, Antonio Figueredo was sentenced on January 26, 2015.
According to United States Attorney Peter Smith, Carlos Guerra-Lescay, age 52, Eileen Mesa, age 37, Ernesto Huerta Martin, age 52, Jose Frias, age 44, all from Newark, New Jersey, Martha Leon, age 51, Carlos Leon, age 50, both from Naples, Florida, Jose Arias Perdomo, age 38, Florida, Milagros Vargas, age 35, from Hialeah, Florida, Vivian Cruz, age 50, and Figueredo, age 44, both from Easton, Pennsylvania, Evelyn Ugalde, age 38, from Hopatcong, New Jersey, and Osleivy Gomez, age 37, North Bergen, New Jersey were all charged in connection with the case.
The defendants engaged in a scheme to acquire properties with false financial information submitted to various financial institutions located across the country. The properties, located in the Brodheadsville and Gilbert area of Monroe County, PA, Newark, NJ and Miami, FL were then used to facilitate indoor marijuana growing operations. Search warrants were executed by the Pennsylvania State Police at three of the properties in August 2011.
The defendants were federally charged at various times in December 2013, and all defendants plead guilty. The defendants were all sentenced on various dates by United States District Court Judge Robert D. Mariani as follows:
Carlos Guerra-Lescay – sentenced to 60 months imprisonment of conspiracy to commit money laundering and manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants. Guerra-Lescay is to pay $3,166,629.48 restitution.
Ernesto Heurta Martin – sentenced to 23 months imprisonment of conspiracy to manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants.
Jose Arias Perdomo – sentenced to 18 months imprisonment of conspiracy to manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants.
Eileen Mesa – sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud.
Vivian Cruz – sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Cruz is to pay $518,984.39 restitution.
Jose Frias - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud.
Osleivy Gomez - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring conspiracy to commit bank fraud. Gomez is to pay $430,305.84 restitution.
Carlos Leon - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Leon is to pay $299,368.36 restitution.
Martha Leon - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Leon is to pay $299,368.36 restitution.
Milagros Vargas - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Vargas is to pay $411,736.00 restitution.
Evelyn Ugalde - sentenced to 2 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Ugalde is to pay $126,360.42 restitution.
Antonio Figueredo - sentenced to 3 years’ probation for conspiracy to commit bank fraud. Figueredo is to pay $518,984.39 restitution.
This case was investigated by the Drug Enforcement Administration, the Department of the Treasury - Internal Revenue Service, and the Pennsylvania State Police. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
Scranton Man Pleads Guilty to Sex Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28-year-old Scranton resident pleaded guilty today before Senior United States District Court Judge James M. Munley in Scranton, to conspiracy to commit sex trafficking of a minor.
According to United States Attorney Peter Smith, Sean Cantelmo admitted to conspiring with others to have a 17-year-old female engage in prostitution and illegal sexual activity during February through May 2014. Cantelmo admitted that he and others used a cell phone to post advertisements for "escort services" involving the minor female on a website, rented motel rooms in Lackawanna and Luzerne Counties to facilitate the prostitution activities, and purchased condoms for the minor to use when engaging in commercial sex acts.
Cantelmo was indicted by a federal grand jury in August 2014, as a result of an investigation by agents of the Homeland Security Investigations and the Pennsylvania State Police.
Judge Munley ordered a pre-sentence investigation to be completed, and scheduled Cantelmo’s sentencing for May 5, 2015. Cantelmo faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Monroe County Man Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man pleaded guilty today in United States District Court in Scranton, before Senior United States District Judge Edwin M. Kosik, to heroin trafficking and firearms charges.
According to United States Attorney Peter Smith, Joseph Crawford, age 41, of Marshalls Creek, pleaded guilty to the charges of possession with intent to distribute heroin and being a convicted felon in possession of firearms. Crawford and another man, Harry Rivera, age 39, of East Stroudsburg, were indicted by a grand jury in Scranton in November 2014. The charges stemmed from an incident on June 17, 2014, in Monroe County, in which investigators found approximately 97 grams of heroin within a hidden compartment in a vehicle in which Crawford and Rivera were travelling. In addition, police seized a Glock pistol and a Smith &Wesson rifle after a search of Crawford’s residence in Marshall’s Creek. Crawford, who was previously convicted of a felony offense, is prohibited by law from possessing a firearm.
The charges against Rivera are currently pending.
The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain Regional Police Department and the Stroud Area Regional Police Department. The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
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.
The maximum penalty for all charges under the federal statutes is imprisonment for 30 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public, and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Woman Charged in A Multi-state Bank Fraud and Identity Theft SchemeRead the Press Release
The United States Attorney for the Middle District of Pennsylvania announced today that an indictment was returned by a grand jury charging a New York woman with bank fraud and aggravated identity theft.
Njeri Bowen, age 26, a resident of New York, defrauded a PNC Bank in State College and more than 25 PNC Bank customers of approximately $138,000.
According to United States Attorney Peter Smith, Bowen and her co-conspirators operated out of New York City and as part of the scheme, Bowen obtained PNC Bank customer names and account numbers. Bowen traveled to PNC Bank branches located in several states, including Pennsylvania, Ohio, Kentucky, North Carolina, Georgia, West Virginia, and Alabama, where she impersonated bank account holders and made cash withdrawals from the customers' accounts. In each fraudulent withdrawal, Bowen withdrew between $4,500.00 to $6,500.00 in cash.
The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Maryland State Police. The case is being prosecuted by 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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal bank fraud statute is 30 years' imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under the federal aggravated identity theft statute is a mandatory two-year term of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Reading Man Sentenced to 66 Months in Prison for Role in Monroe County-Based Drug ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Reading, Pennsylvania man was sentenced to 66 months in prison yesterday by U.S. District Court Judge Robert D. Mariani in Scranton, for participating in a conspiracy to distribute heroin, cocaine, and other drugs in the Monroe-Berks County area of Pennsylvania.According to United States Attorney Peter Smith, the defendant, Luis Linarez , previously pleaded guilty to conspiring with others between 2010 and 2013, to distribute more than 500 grams of cocaine, more than 100 grams of heroin, and Oxycontin (oxycodone).
Linarez was indicted by a federal grand jury in June 2013, as a result of an investigation by the Drug Enforcement Administration, investigators from the Department of Homeland Security, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, and Berks County Detectives.
Judge Mariani also ordered Linarez to serve four years on supervised release following his prison sentence. Linarez must also pay a $100 special assessment.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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Adams County Woman Sentenced to Three Years in Federal Alien Smuggling CaseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that on January 26 Chief Judge Christopher C. Conner sentenced Martha Ortiz, 46, of Gettysburg, Pennsylvania to 36 months in prison for her participation in alien smuggling. On July 23, 2014, Ortiz pleaded guilty to bringing aliens to the United States and conspiring with her husband and others to carry out the scheme.
According to U.S. Attorney Peter Smith, in August and September 2013, Ortiz and others smuggled aliens across the United States-Mexico border by commercial aircraft, in a vehicle with a hidden compartment or “trap” to conceal their presence from law enforcement and on foot. At least two of these aliens, including a 7 year old boy, traveled from Mexico, through Texas and ultimately into Central Pennsylvania. Ortiz was paid for bringing aliens across the border. On September 24, 2013, Ortiz and her husband were stopped with tickets to Mexico City at the Harrisburg International Airport by agents from DEA and taken into custody.
This case was investigated by the Drug Enforcement Administration and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Columbia County Attorney Charged in Internet "Bath Salts" and "Spice" Trafficking NetworkRead the Press Release
The United States Attorney’s Office announced the return of a four-count superseding indictment by the federal grand jury in Williamsport charging Lindsay Lee-Lampshire and attorney Clyde Kevin Middleton with conspiracy offenses involving mail fraud, distribution of controlled substance analogues, introduction of misbranded drugs, and money laundering.
According to United States Attorney Peter Smith, the indictment alleges that from September 2009 through the present, Lee-Lampshire, Middleton, Paul Chomiak, Adam Stein, and Kyle Savitski marketed and distributed controlled substance analogues and misbranded drugs, commonly referred to as “bath salts” and “spice,” using Internet web sites and two stores in Bloomsburg operated as Symplegades Requiem and Reflectionz. The indictment alleges that the defendants fraudulently marketed the products as novelties not for human consumption, when in fact the products were being used to obtain the same physical effects as controlled substances.
Lee-Lampshire was previously charged with Chomiak, Stein, and Savitsky in the initial indictment returned in October 2013.
Middleton appeared in federal court in Williamsport yesterday afternoon before United States Magistrate Judge Martin C. Carlson and was released on his own recognizance. Chomiak, Stein, and Savitsky have entered guilty pleas and are presently awaiting sentencing before United States District Judge Matthew Brann. Jury selection and trial for Middleton and Lampshire is set for April 6, 2015.
Lee-Lampshire, age 32, is a resident of Cedar Rapids, Iowa. Middleton, age 55, is a resident of Bloomsburg, Pennsylvania.
The mail fraud and conspiracy counts carry 20-year maximum prison
terms and fines equal to the greater of twice the amount of the laundered funds or $500,000. The drug conspiracy count carries a maximum term of 20 years and a fine of up to $1,000,000. The misbranded drug distribution conspiracy has a five-year maximum prison term and a $250,000 fine and the distribution of misbranded drugs carries a three-year maximum prison sentence and a $250,000 fine.The case was investigated by the Federal Bureau of Investigation, the Food and Drug Administration, the United States Postal Inspection Service, and the Columbia County Drug Task Force. Prosecution is assigned to Assistant United States Attorney George J. Rocktashel.
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.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Wilkes-barre Township Volunteer Fire Department Chief Sentenced to Six Months in Prison for Stealing Department FundsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Yuknavich, age 51, former Chief of the Wilkes-Barre Township Volunteer Fire Department, was sentenced by U.S. District Court Judge Edwin M. Kosik to six months in federal prison for stealing $45,000 from the fire department and Wilkes-Barre Township in the course of his duties as Chief of that fire department between 2008 and 2011. Yuknavich was further ordered to serve six months of home confinement upon release from incarceration, followed by three years of supervised release.
According to United States Attorney Peter Smith, Yuknavich was responsible for ensuring the deposit of monthly funds received from Wilkes-Barre Township, as well as all other funds received either through charitable contributions or annual state aid received from the Commonwealth of Pennsylvania. Yuknavich allegedly deposited only part of the monthly $3500 check received from Wilkes-Barre Township intended to pay fire department bills, and took the remainder of the check in cash, most of which he used for his personal benefit.
Federal law prohibits theft or intentional misapplication of $5,000 or more from local government programs that receive more than $10,000 in federal funds annually.
The Government also filed an additional sentencing agreement wherein Yuknavich agreed to resign completely from the Wilkes-Barre Township fire department and the Wilkes-Barre Township Fire Hall in all capacities, effective immediately. He was also ordered to pay $45,000 in restitution.
The prosecution is the result of a joint investigation by the Federal Bureau of Investigation (FBI), the Luzerne County District Attorney’s Office, and the Pennsylvania State Police with the assistance of the Pennsylvania Department of the Auditor General. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Fulton County Man Charged Federally with Firearms ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a federal grand jury in Harrisburg, Pennsylvania, handed down a three-count indictment against Darren L. Hamil, age 43, of Needmore, Fulton County, Pennsylvania.
According to U.S. Attorney Peter Smith, the indictment charges Hamil with two counts of being a convicted felon in possession of a firearm, and with making a false statement in connection with the attempted purchase of a firearm by denying that he had ever been previously convicted of a felony offense.
The charges stem from a December 27, 2014 incident and search at Hamil’s home when Pennsylvania State Police responded to a domestic disturbance report.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms and by the Pennsylvania State Police. Assistant U.S. Attorney Gordon Zubrod oversaw the grand jury investigation and has been assigned to prosecute the case.
The maximum sentence Hamil faces is 10 years imprisonment and a $250,000 fine.
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.
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.
Kingston Woman Indicted for Unlawfully Acquiring A FirearmRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Kingston woman who was indicted by a federal grand jury in October 2014, was arrested today for allegedly making false representations in connection with the acquisition of a firearm.
According to United States Attorney Peter Smith, the grand jury alleges that Lori Svab, age 49, made false statements to a federally licensed firearms dealer in Luzerne County to acquire a firearm. The indictment alleges that Svab obtained a .45 caliber pistol on February 8, 2014, and that she falsely represented that she was not purchasing the gun for another person.
The charge stems from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Wilkes-Barre Police, and Kingston Police.
Svab appeared in court today in Scranton before U.S. Magistrate Judge Karoline Mehalchick. Svab was released on her own recognizance under the supervision of the U.S. Probation Office.
Svab faces up to 10 years in prison and a $250,000 fine if she is convicted of the charge.
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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Harrisburg Man Sentenced to Four Months for Planning the Attempted Escape of His Son from PrisonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Trickett Smith, Sr., age 77, of Harrisburg was sentenced to 4 months in prison following his conviction for planning the attempted escape of his son from prison to avoid extradition and lying to agents investigating that planned escape. The sentence was imposed by Senior U.S. District Judge William W. Caldwell.
Smith was charged in an indictment with attempting to arrange a prison escape, lying to federal agents about it, and trying to persuade someone else to lie to federal agents. In a written plea agreement filed with and accepted by the court, Smith pled to the escape and lying charges in exchange for dismissal of the obstruction charge. The charges stem from events surrounding the arrest and extradition of Smith’s son, William Trickett Smith II. In 2007, Smith II was arrested locally and charged in Peru for the murder of his wife. Peruvian authorities sought his extradition.Smith Sr. devised a plan to have his son escape from custody after Smith Sr. filed a false private criminal complaint that would cause a hearing to be scheduled, requiring Smith II to be transported to Harrisburg. The plan was that a stop would be made on the way, the transporting constable would be assaulted, and Smith II would escape. That plan failed because the criminal complaint was not approved by the district attorney and Smith II was moved to another prison. Smith Sr. then devised another plan for his son’s escape by paying off a prison guard. That plan failed because Smith II was extradited to Peru. Smith Sr. then lied about his plans and actions when questioned by the Federal Bureau of Investigation.
The case was investigated by the Federal Bureau of Investigation with assistance of detectives of the Dauphin County District Attorney’s Office, the Perry County Prison, and the U.S. Marshals Service.
(Government's Sentencing Memorandum)
Pennsylvania Man Sentenced to Sixty-three Months in Federal Prison for Drug Distribution and Conspiracy to Commit Money LaunderingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ronald Belciano, age 42, of Newtown Square, Pennsylvania was sentenced today by United States District Court Chief Judge Christopher C. Conner in Harrisburg to 63 months’ imprisonment and 4 years supervised release of conspiracy to distribute 100 kilograms of marijuana in and through central Pennsylvania and conspiracy to commit money laundering between December 2007 and November 2011.
According to U.S. Attorney Peter Smith, in 2011 Belciano rented a vehicle and paid a co-conspirator to drive the vehicle, containing $1,184,340 in U.S. currency, from Pennsylvania to California to pay for marijuana, some of which was grown on Belciano’s 190 acre property in Northern California. Agents obtained a search warrant for one of Belciano’s homes, located in Villanova, Pennsylvania. During the search, agents located $2, 582,920 in U.S. currency and 1.5 kilograms of marijuana. Law enforcement agents later located 68 kilograms of marijuana, $316,800 in U.S. currency and 59 paintings valued at over $600,000 in a storage locker and at a co-conspirator’s farm in Douglasville, Pennsylvania, used to warehouse and distribute the marijuana transported from California to Pennsylvania. Belciano was indicted by a grand jury in November 2011 and plead guilty in February 2014.
The assets seized and forfeited in this case, including a residence, a 190-acre property in Laytonville, California, the artwork obtained with proceeds of the illegal activity and later appraised at over $619,000, and $4,084,060 in U.S. currency.
Co-defendant Stephen Fanfera is scheduled for sentencing on January 22, 2015. Fifty thousand dollars in cash was forfeited in lieu of the equity in his Douglasville property. In a related case prosecuted by the U.S. Attorney’s Office in Philadelphia, a Villinova art dealer Nathan Isen was charged with money laundering on January 8, 2015.
“Today’s sentencing concludes a long term investigation on a drug trafficker who was living on the Main Line of Philadelphia,” said John Kelleghan, HSI Philadelphia special agent in charge. “When HSI, the Pennsylvania State Police, the United States Attorney’s Office, Pennsylvania Attorney General Bureau of Narcotics Investigations, Internal Revenue Service, Philadelphia Police Department, and the Philadelphia District Attorney’s Office are able to seize over $4 million in cash, narcotics, and other assets derived from distributing narcotics from a main line drug trafficker, we know we have successfully dismantled a large scale sophisticated organization.”
This case was investigated by Homeland Security Investigations/High Intensity Drug Trafficking Area/Financial Group which includes members from the Pennsylvania State Police, Pennsylvania Attorney General Bureau of Narcotics Investigations, Internal Revenue Service, Philadelphia Police Department, and the Philadelphia District Attorney’s Office. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
Former Vice President at Harrisburg Area Community College Sentenced to Fifteen Months for Wire FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today in Harrisburg that Nancy Rockey, age 55, of Harrisburg was sentenced by Chief U.S. District Court Judge Christopher C. Conner to 15 months in prison for wire fraud.
According to United States Attorney Peter Smith, Rockey was employed by Harrisburg Area Community College (HACC) from 1980 until her resignation in February 2012. At the time of her resignation, Rockey was Vice-President of the Harrisburg campus and Vice-President of College and Community Development.
In October 2013, Rockey was charged with using a credit card issued by HACC, to make online purchases of Target gift cards which she then used to purchase non-work-related items for herself, her family, and her friends. Rockey then created bogus invoices, later submitted to the HACC Finance Office, to conceal the unauthorized purchases.
Rockey is charged with purchasing approximately $228,000 worth of gift cards with her HACC credit card.
The investigation was conducted by the FBI and the Dauphin County Criminal Investigations Division. The case was prosecuted by Assistant U.S. Attorney Joseph J. Terz.