Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
New York City Men Charged with Drug Trafficking OffensesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of criminal charges on October 14, 2014 against Adolphus Butts, age 35, Timothy Smart, age 31, Ladu Tariq Kitching, age 28, and Cedrick Johnson, age 27, all of New York, New York. The Grand Jury in Scranton returned a nine-count Indictment filed in the United States District Court alleging that the above individuals conspired to distribute cocaine hydrochloride, cocaine base, (crack), and heroin in Luzerne and Lackawanna Counties between 2011 and 2013.
According to United States Attorney Peter Smith, the charges are the result of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police into the sale of illegal drugs at motels in Luzerne and Lackawanna Counties.
Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal drug trafficking conspiracy statute charged in this case 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.
Prison Inmate, Psychologist and Three Others Charged with Conspiracy to Threaten WitnessRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Nicholas Stanishia, age 44, an Ohio prison inmate, Marcia J. Weber, age 46, of Loveland, Ohio, Martin Jay Wilson, age 43, of Kansas City, Missouri, Jody Six, age 40, and Anthony Vaughn, age 41, both Ohio inmates were indicted yesterday by a federal grand jury in Harrisburg and charged with an interstate conspiracy to transmit threats to a witness.
According to U.S. Attorney Peter Smith, Stanishia who is serving a sentence of life imprisonment at the Southeastern Correctional Institution in Lancaster, Ohio, allegedly developed an intimate relationship with clinical psychologist Weber who helped orchestrate Stanishia’s release from prison by attempting to get a witness who had identified Stanishia at his Ohio murder trial to recant his statement to police and his trial testimony.
According to the indictment, Stanishia and Weber allegedly hired a private investigator to locate the witness and obtain information about where he and his wife lived and worked and information about the couple’s children. They then allegedly hired Wilson to travel from Missouri to Mechanicsburg, Pennsylvania, where the witness now lives, and place a gas can on the witness’s porch.
Stanishia then allegedly, with the help of Six - another inmate - used a smuggled-in cellular telephone to contact the witness and threaten him over the telephone.
Special Agent in Charge, Edward J. Hanko, FBI, Philadelphia Division stated: “This case represents an incredible collaborative effort between FBI Field Offices in Philadelphia, Cincinnati, Kansas City, the US Attorney's Office-Middle District Pennsylvania and Southern District Ohio, Hampden Township Police Department, Lower Paxton Police Department, Ohio Highway State Patrol, and the Southeastern Correctional Institution, Lancaster, Ohio. This matter is also a reminder of the ever-present threat from criminal elements, even those housed in our prison systems. Rest assured, the FBI will remain diligent and work with our law enforcement partners to aggressively address these threats as they surface to ensure the community is safe and perpetrators are brought to justice.”
According to the indictment, in 1997 Stanishia murdered his ex-girlfriend and shot the woman’s then boyfriend. Stanishia then fled and remained at large until his capture in 2000 after committing a home invasion and rape of a Kansas woman. The boyfriend ended up identifying Stanishia as the murderer and testifying against him at trial. Stanishia was found guilty and sentenced to life in prison without the possibility of parole on the murder and 23 years for the attempted murder, burglary and firearms offenses. Stanishia is currently serving his sentence in Ohio. Stanishia was also convicted of the home invasion and rape and sentenced to 54 years’ imprisonment.
Stanishia allegedly referenced the gas can as a message to the victim of his ability to reach the witness even while imprisoned in Ohio. Stanishia also allegedly claimed to be a high ranking member of the Aryan Brotherhood and made the witness aware of the group’s ability to reach the witness in Pennsylvania.
Weber and Stanishia allegedly then prepared a false declaration and affidavit, recanting the identification of Stanishia as the murderer, for the witness to sign, have notarized and return to Stanishia. The false declaration and affidavit were allegedly mailed to the witness using a false return address. Six allegedly stored copies of the draft information and personal information about the witness in his area within the prison to help Stanishia avoid detection. Vaughn, another inmate at the Southeastern Correctional Institution, allegedly helped orchestrate the mailing of the affidavit to the witness by making calls to Weber through a third party.
This case is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
Weber was taken into custody in Ohio on October 8. Wilson has not yet been taken into custody.
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.
If convicted, all five face a term of imprisonment of up to 45 years and a fine of $750,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Harrisburg Man Pleads Guilty to Conspiracy to Defraud the IRS of Approximately $1 Million in Employment TaxesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Vanny Son, 33, Harrisburg, Pennsylvania, pleaded guilty today before U.S. District Court Judge John E. Jones III to conspiracy to defraud the IRS of approximately $1 million in employment taxes between 2006 and 2012.
According to U.S. Attorney Peter Smith, Son and a co-conspirator operated five employee leasing companies which supplied day laborers to several businesses in the Harrisburg area.
The employee leasing companies were known as V&S Services, Industrial Labor Services, Advance Labor Services, HD Staffing Services and TD Staffing. Between 2006 and 2012, these five businesses paid cash wages of more than $7 million to their employees without withholding any employment taxes, such as social security and Medicare taxes. As a result, approximately $1 million in employment taxes were not collected and paid to the IRS, as required by federal law.
Son was indicted by a grand jury on July 10, 2014 along with Son Thach and Hung Danh, also of Harrisburg. Thach pled guilty on September 24, 2014 and Danh remains a fugitive.
Son faces up to five years’ imprisonment, a $250,000 fine and up to three years’ supervised release as well as restitution to the IRS as a result of the guilty plea. No date has been set for sentencing.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
The case was investigated by the Criminal Investigation Division of the IRS and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
Former Hughestown Borough Police Officer Sentenced to 30 Months’ ImprisonmentRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that that United States District Court Judge Malachy E. Mannion has sentenced Robert F. Evans, Jr., age 39, of Moosic, Pennsylvania, to 30 months’ imprisonment. On July 15, 2014, Evans pleaded guilty to a one-count Criminal Information charging that he distributed oxycodone on numerous occasions between August 2012 and July 29, 2013. At the time of the offense, Evans was employed as a police officer with the Hughestown Borough Police Department.
According to United States Attorney Peter Smith, at the guilty plea hearing, Evans acknowledged distributing approximately 750 oxycodone pills during the scheme. He also admitted abusing his position of trust as a police officer which significantly facilitated and concealed the offense.
In addition to the imprisonment term, Judge Mannion ordered that Evans serve a three-year term of supervised release after completion of his prison sentence.
The case was investigated by special agents of the Federal Bureau of Investigation. Assistant U.S. Attorney John Gurganus prosecuted the case.
Two Illegal Aliens Charged with Immigration ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed today in U.S. District Court in Harrisburg against two illegal aliens.
Ramiro Ochoa-Fuentes, age 21, was charged in a one-count indictment by a federal grand jury alleging that Ochoa-Fuentes, a Mexican citizen, who has previously been arrested and deported from the United States on July 6, 2011, reentered the United States unlawfully and was found in Franklin County, Pennsylvania.
If convicted, Ochoa-Fuentes faces a maximum sentence of up to 2 years’ imprisonment and a $250,000 fine.
Pedro Hernandez-Hernandez, age 49, was charged in a one-count indictment alleging that Hernandez-Hernandez, a Mexican citizen, who has previously been arrested and deported from the United States on June 13, 2007, reentered the United States unlawfully and was found in Franklin County, Pennsylvania.
If convicted, Hernandez-Hernandez faces a maximum sentence of up to 6 months’ imprisonment and a $250,000 fine.
The investigations were conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.
Tioga Man Charged with to Manufacturing MethamphetamineRead the Press Release
The United States Attorney for the Middle District of Pennsylvania announced that a criminal Information was filed yesterday charging Orin Moore, age 41, of Lawrenceville with possession with intent to distribute methamphetamine.
According to U.S. Attorney Peter Smith, on January 6, 2012, the Pennsylvania State Police went to Moore’s residence. They allegedly found over 6 grams of methamphetamine and a facility designed for the manufacturing of methamphetamine. The government also filed a plea agreement which is subject to the approval of the Court.
The investigation was conducted by the Pennsylvania State Police and the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Eric Pfisterer.
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 particular case, the maximum penalty for Moore is 20 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Federal Inmate Charged with Attempted MurderRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the federal grand jury sitting in Scranton, Pennsylvania, returned an indictment yesterday charging an inmate at the United States Penitentiary at Canaan, Pennsylvania, with allegedly assaulting another inmate with a dangerous weapon and with the intent to commit murder. George Lyle Cullett, Jr., age 55, formerly of California, was charged with the offense. In addition, the Grand Jury returned charges alleging that Cullett conspired with another inmate to commit the attack using sharpened weapons commonly referred to as “shanks.” United States Attorney Peter Smith noted that the victim was another inmate who survived the attack but suffered numerous stab wounds which required treatment at a local hospital.
The case was investigated by the FBI and the Special Investigation Section at USP-Canaan.
Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is thirty 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.
Wilkes-Barre Man Pleads Guilty to Possessing Firearm in Connection with Drug TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 31-year-old Wilkes-Barre man pleaded guilty today before Senior U.S. District Court Judge Edwin M. Kosik to carrying and possessing a firearm in furtherance of a drug trafficking felony.
According to United States Attorney Peter Smith, the defendant, Tristan Somers, admitted to committing the crime in Wilkes-Barre on May 28, 2014.
Somers was indicted by a federal grand jury on June 3, 2014, following an investigation by special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Wilkes-Barre Police, and Kingston Police.
Somers faces a mandatory minimum five-year prison sentence and a potential maximum sentence of life in prison. Judge Kosik ordered a pre-sentence investigation. Sentencing will be scheduled after the completion of the pre-sentence report.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Clarks Summit Attorney Indicted for Title Insurance FraudRead the Press Release
The U.S. Attorney's Office for the Middle District of Pennsylvania announced that Susan C. Kevra-Shiner, 46, Clarks Summit, Pennsylvania, was indicted yesterday by the federal grand jury and charged with seven counts of mail fraud relating to an abstract and title insurance company she owned and operated in Avoca, Pennsylvania, known as GK Abstract Co., Inc. If convicted of the charges, Kevra-Shiner faces up to 20 years' imprisonment and/or $250,000 in fines on each count, as well as an order of restitution to the victims.
According to U.S. Attorney Peter Smith, Kevra-Shiner was an attorney admitted to practice in Pennsylvania in 1994. Kevra-Shiner handled real estate transactions as part of her legal practice, and starting in 2003, she issued title insurance policies on behalf of Stewart Title Guaranty Company, a title insurance underwriter based in Texas. Stewart terminated its agency agreement with Kevra-Shiner on September 23, 2008, but the Indictment alleges that Kevra-Shiner continued to issue numerous title insurance policies to her clients after that date. As a result, the Indictment alleges that she defrauded approximately 76 homeowners and/or lenders of $72,000 in title insurance premiums which she was not authorized to receive and for which no valid title insurance policy was issued.
On February 28, 2013, the Pennsylvania Office of Disciplinary Counsel suspended Kevra-Shiner's law license for four years as a result of these activities.
The case was investigated by the FBI and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of 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.
Two Illegal Aliens Charged with Immigration ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed yesterday in U.S. District Court in Harrisburg against two illegal aliens.
Oscar Elena-Gutierrez, age 43, was charged in a one-count information. The information alleges that Elena-Gutierrez, a Mexican citizen, entered the United States unlawfully and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Elena-Gutierrez faces a maximum sentence of up to 6 months imprisonment and a $5,000 fine.
Ismael Bustillo-Barahona, age 41, was charged in a one-count information alleging that Bustillo-Barahona, a citizen of Honduras, entered the United States and was found in York County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Bustillo-Barahona faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.
Luzerne Man Charged with Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal Information was filed yesterday charging a Pittston resident with participating in a conspiracy to distribute heroin during January 2010 through February 2014.
According to United States Attorney Peter Smith, the Information alleges that Sal Biscotto, age 38, conspired with others to distribute and possess with intent to distribute heroin in Luzerne County and elsewhere.
The charge stems from an investigation by special agents of the Federal Bureau of Investigation and Pittston Police.
Biscotto faces a potential maximum sentence of 20 years in prison and a $1 million fine if he 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.
Allentown Man Pleads Guilty to Federal Cocaine Trafficking ChargeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a man from Allentown pleaded guilty today before Senior United States District Judge Edwin M. Kosik to the charge of conspiracy to distribute crack cocaine and powder cocaine.
According to United States Attorney Peter Smith, Jose Torres, age 25, of Allentown, Lehigh County, admitted to participating in a conspiracy to distribute cocaine in the Carbon County area between January 2011 and December 2012.
Torres is the sixth defendant to enter a guilty plea in connection with the investigation. Previously, Bonnie Vosburgh, age 22, of Nesquehoning; Victoria Argott, age 34, of Lansford; Ceres Lozada, age 27, of Nesquehoning; Alexander “Butch” Sommers, age 47, of Summit Hill, and Joseph Revell, age 21 of Nesquehoning, entered guilty pleas and admitted to participating in the same cocaine trafficking conspiracy.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Nesquehoning and Lansford Police Departments in Carbon County.
The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
In this particular 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.
****State Prison Inmate Sentenced to Federal Prison for Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an inmate at SCI Waymart who arranged drug transactions from prison was sentenced to 46 months in federal prison today by U.S. District Court Judge Malachy E. Mannion.
According to United States Attorney Peter Smith, the defendant, Eudy Gonzalez, age 24, previously admitted that he conspired with others to distribute and possess with intent to distribute heroin from November 2013 through January 2014.
Gonzalez was indicted by a federal grand jury on March 11, 2014, as a result of an investigation by special agents and task force officers of the Federal Bureau of Investigation and Scranton Police.
Judge Mannion ordered that the federal sentence run consecutive to Gonzalez’s state sentence. Judge Mannion also ordered Gonzalez to serve three years on supervised release following his prison sentence, and pay a $100 special assessment.
Gonzalez, a citizen of the Dominican Republic, is also subject to deportation.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Government Files Notice of Intent to Seek the Death Penalty in United States of America V. Jessie Con-UiRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that it filed a Notice of Intent to Seek the Death Penalty in United States of America v. Jessie Con-Ui.
Centre County Museum Official Indicted Federally and Arrested on Child Exploitation and Child Pornography ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Harrisburg, Pennsylvania returned an indictment yesterday against Christopher G. Lee, age 65, a resident of Boalsburg, Pennsylvania. The indictment charges Lee with alleged use of facilities in interstate commerce, specifically the internet and telephone, to coerce and entice a minor to engage in unlawful sexual activity, transportation of a minor with the intent to engage in sexual activity, receipt of child pornography, and possession of child pornography.
Lee was taken into custody this morning by the FBI and the State College Police Department on the basis of an arrest warrant issued yesterday by United States Magistrate Judge Susan E. Schwab in Harrisburg. He appeared today before Magistrate Judge William I. Arbuckle, III, in Williamsport. After a hearing, Lee was ordered to be detained in federal custody.
According to United States Attorney Peter Smith, the alleged unlawful conduct took place between January and June 2014 in Boalsburg at the premises of the Boal Mansion Museum which conducts activities including educational summer programs, known as “docent” programs, using students recruited from the United States and other countries as volunteer tour guides at the Museum.
Lee is the chief executive officer of the Boal Manison Museum. Alleged child pornography was found in connection with a search by State College Police during the investigation, which is continuing.
If convicted, Lee faces a maximum sentence of up to life imprisonment, a mandatory minimum sentence of 10 years’ imprisonment on the transportation offense, and a 5 year mandatory minimum on the receipt offense, as well as a $1 million fine.
This investigation is being conducted by the Federal Bureau of Investigation, the State College Police Department and the Centre County District Attorney’s Office and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Persons with information regarding this case or the continuing investigation should contact Special Agent Clifton Vikara, FBI, at (814) 234-0341 or the State College Police Department at (814) 234-7150.
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.
Philadelphia Woman Sentenced to Prison for Participating in Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Philadelphia resident was sentenced today to serve six months in prison for her role in a heroin trafficking conspiracy by U.S. District Court Judge Malachy E. Mannion.
According to United States Attorney Peter Smith, the defendant, Linda Reyes, age 24, previously admitted that she conspired with others, including an inmate at the Waymart State Prison, to distribute and possess with intent to distribute heroin during November 2013 through March 2014.
Reyes was indicted by a federal grand jury on March 11, 2014, as a result of an investigation by special agents and task force officers of the Federal Bureau of Investigation and Scranton Police.
Judge Mannion ordered Reyes to serve three years of supervised release following her prison sentence, and spend the first six months of supervised release on home confinement. Reyes must also pay a special assessment of $100.
Reyes’ two co-defendants, Luis Morales and Eudy Gonzalez, have also pleaded guilty to participating in the heroin conspiracy and are awaiting sentencing.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Hazleton Man Charged with Drug Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a criminal information charging Santiago Guerrero-Nova, age 31, of Hazleton, Pennsylvania, with distributing heroin on August 28, 2013.
United States Attorney Peter Smith stated that the charge is the result of an investigation conducted by the Federal Bureau of Investigation and the Pennsylvania State Police. Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal 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.
Former AXA Agent Charged with Securities FraudRead the Press Release
The United States Attorney’s Office today announced the filing of a one-count information charging Dennis Wright with securities fraud. Wright, a former agent of the AXA Equitable Life Insurance Company (“AXA”), operated Wright Associates in Lewistown, Pennsylvania.
According to United States Attorney Peter Smith, the information alleges that from the early 1990’s through June 2012 Wright fraudulently induced AXA clients to liquidate securities and other assets based on false representations and promises that he would invest their monies and funds in what he purported to be “managed funds,” when, in fact, he never invested the funds, but instead deposited the client funds into his business operating account. The information alleges that as a result of these false and fraudulent representations and promises, Wright received funds, totaling approximately $1,533,416, from at least 30 AXA clients via account transfers, withdrawals, and other means.
Wright, a Lewistown resident, has agreed to plead guilty under the terms of a plea agreement filed with the information. If convicted of the securities fraud charge Wright, age 68, faces a maximum penalty of 25 years in prison, a fine of $1 million, and a supervised release term of five years.
Wright also is the subject of a parallel civil case filed today by the United States Securities and Exchange Commission in the United States District for the Middle District of Pennsylvania.
The case was investigated by the Federal Bureau of Investigation with the assistance of the Securities and Exchange Commission. Prosecution of this matter has been 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.
Mexican Citizen Apprehended in Lebanon County Charged with Improper EntryRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO) announced today that a 42-year-old native and citizen of Mexico has been charged with improper entry into the United States.
According to United States Attorney Peter Smith, Gerardo Bedolla-Diaz, age 42, was charged in a one-count information filed with the Court in Harrisburg today.
The information alleges that Bedolla-Diaz, an illegal alien, did enter the United States at any time or place other than as designated by immigration officers and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Bedolla-Diaz faces a maximum sentence of up to six months’ imprisonment and a $5,000 fine
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO). It is being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.
Former Prison Employee Charged with Providing Contraband to Allenwood InmateRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania, announced today that charges have been filed against Megan Shellenberger, currently a resident of Oklahoma City, Oklahoma.
According to United States Attorney Peter Smith, Shellenberger, age 30, is charged in a one-count Information with providing contraband – cell phones – in December 2013 to an inmate serving a sentence at the Federal Correctional Institution, Allenwood Federal Penitentiary, White Deer, Pennsylvania, while Shellenberger was employed there. Shellenberger has resigned from the Bureau of Prisons.
The government also filed a plea agreement in the case which is subject to the approval of the Court.
The investigation was conducted by the Bureau of Prisons, Office of Inspector General, and Bureau of Prisons Special Investigation Service. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is one year 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.
Two Illegal Aliens Charged with Immigration ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed yesterday against two illegal aliens.
Fausto Cruz-Lopez, age 33, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg yesterday. The indictment alleges that Cruz-Lopez, previously arrested and deported from the United States in March 2013, knowingly and unlawfully reentered the United States and was apprehended in York County, Pennsylvania.
If convicted, Cruz-Lopez faces a maximum sentence of up to 2 years’ imprisonment and a $250,000 fine.
Estuardo Arana-Tobar, age 32, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg yesterday. The indictment alleges that Arana-Tobar, convicted in May 2006 of statutory sexual assault, previously arrested and deported from the United States in May 2007, knowingly and unlawfully reentered the United States and was apprehended in Franklin County, Pennsylvania.
If convicted, Arana-Tobar faces a maximum sentence of up to 20 years’ imprisonment and a $250,000 fine.
The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.
Monroe County Man Charged with Heroin Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of an Information in U.S. District Court in Scranton today charging a Monroe County man with conspiracy to distribute heroin.
According to United States Attorney Peter Smith, Eric Rabb, age 45, of East Stroudsburg, Monroe County, is charged with participating in a conspiracy to distribute heroin in Monroe, Wayne and Lackawanna Counties in October of 2013.
The investigation was conducted by the Lackawanna County Drug Task Force, the Drug Enforcement Administration and the Wayne County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of 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 imprisonment for twenty 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.
Harrisburg Man Charged with Social Security FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian J. Hymon, age 35, of Harrisburg, Pennsylvania was indicted yesterday and charged with social security fraud.
According to U.S. Attorney Peter Smith, Hymon, as Representative Payee, repeatedly lied on Social Security Supplemental Security Income applications by failing to disclose household income and, which if considered would have made the recipient ineligible for such benefits. The benefits were paid for over nine years, between December 2004 and December 2014, totaling $58,299.35. If convicted, Hymon faces a term of imprisonment of up to five years and a fine of $250,000.
This case is being investigated by the Social Security Administration Office of the Inspector General and is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
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 Pleads Guilty to Conspiracy to Defraud the IRS of Approximately $1 Million in Employment TaxesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Son Thach, 55, Harrisburg, Pennsylvania, pleaded guilty today before U.S. District Court Judge John E. Jones III to conspiracy to defraud the IRS of approximately $1 million in employment taxes between 2006 and 2012.
According to U.S. Attorney Peter Smith, Thach and a co-conspirator operated five employee leasing companies which supplied day laborers to several businesses in the Harrisburg area.
The employee leasing companies were known as V&S Services, Industrial Labor Services, Advance Labor Services, HD Staffing Services and TD Staffing. Between 2006 and 2012, these five businesses paid cash wages of more than $7 million to their employees without withholding any employment taxes, such as social security and Medicare taxes. As a result, approximately $1 million in employment taxes were not collected and paid to the IRS, as required by federal law.
Thach was indicted by a grand jury on July 10, 2014 along with Vanny Son and Hung Danh, also of Harrisburg. Son is scheduled for trial in December 2014 and Danh remains a fugitive.
Thach faces up to five years’ imprisonment, a $250,000 fine and up to three years’ supervised release as well as restitution to the IRS as a result of the guilty plea. No date has been set for sentencing.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
The case was investigated by the Criminal Investigation Division of the IRS and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
****State Prisoner Charged with Mailing Threatening Communications to Monroe County JudgeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton today charged an inmate at a state prison with mailing communications threatening to injure and kill a state court judge in Monroe County.
According to United States Attorney Peter Smith, the defendant, Devon Williams, age 24, an inmate at the State Correctional Institution in Albion, Pennsylvania, allegedly mailed a letter in January 2014 from the prison to the Monroe County Courthouse threatening to injure and kill a judge of the Court of Common Pleas.
The charge stems from an investigation by the United States Postal Inspection Service and the Pennsylvania State Police.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
If convicted of the charge, Williams faces up to five years in prison 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.
****Reading Man Pleads Guilty to Participating in Monroe County-Based Heroin ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 57-year-old Reading, Pennsylvania man pleaded guilty today before U.S. District Court Judge Robert D. Mariani to participating in a heroin trafficking conspiracy.
According to United States Attorney Peter Smith, the defendant, Richard Carvajal, admitted to conspiring with others in Monroe County, Berks County, and elsewhere in 2012 and 2013, to distribute and possess with intent to distribute heroin.
Carvajal was originally indicted by a federal grand jury in June 2013, and subsequently charged in a superseding indictment in March 2014. The charge against Carvajal resulted from an investigation by the Drug Enforcement Administration, U.S. Immigration and Customs (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, and Berks County Detectives.
Carvajal faces a potential maximum sentence of 20 years in prison and a $1 million fine. Sentencing was scheduled for January 2015.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Northeastern Pennsylvania Man Pleads Guilty to $1.8 Million Investment FraudRead the Press Release
A former Bartonsville man has pleaded guilty in federal court to a charge stemming from an investment fraud, United States Attorney for the Middle District of Pennsylvania Peter J. Smith announced Tuesday.
Joseph Gallardo, 48, Bartonsville, pleaded guilty to mail fraud before Senior U.S. District Court Judge Sylvia H. Rambo on Tuesday. According to documents filed with the Court, Gallardo was a registered investment advisor with investment firms in New Jersey and Pennsylvania. He persuaded clients with those investment firms to invest in Blue Meadow Group LLL, his personal real estate venture. Victims were guaranteed attractive rates of return and were falsely told that their money was invested in and protected by real estate. Contrary to what was represented to the victims, Blue Meadow Group was not a real estate investment trust and its securities were not registered with the Pennsylvania and New Jersey Securities Commissions.
In fact, victims’ monies were used to purchase a gas station and convenience store and to fund Gallardo’s on-line day trading account that lost a substantial amount of money.
During July 2009, the Pennsylvania Securities Commission issued a cease and desist order ordering Gallardo to stop offering or selling investment properties in Pennsylvania. After the cease and desist order, Gallardo solicited additional victims who invested money with him.
Investigators have determined that victims of Gallardo’s criminal activity lost approximately $1.8 million.
The case was investigated by the United States Postal Inspection Service. It is assigned to Assistant U.S. Attorney Christy H. Fawcett.
Luzerne County Man Sentenced to Prison for Drug Delivery Resulting in DeathRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a West Pittston man was sentenced yesterday in Scranton by U.S. District Court Judge Malachy E. Mannion to 135 months in federal prison for his role in a drug distribution conspiracy.
According to United States Attorney Peter Smith, Todd Morgans, age 35, pled guilty to conspiring with others between December 2012 and July 2013 to distribute alpha-pyrrolidinopentiophenone (A-PVP), an analogue of methylenedioxypyrovalerone (MDPV). A-PVP is a synthetic cathinone which is included in a family of abused drugs commonly known as “bath salts.”
"HSI will use all resources at its disposal to prevent the importation and distribution of dangerous chemical substances that cause harm to our local communities. Yesterday's sentencing represents the effort of law enforcement agencies working together to make our neighborhoods safer” said U.S. Immigration and Customs (ICE) Homeland Security Investigations (HSI) Philadelphia Special Agent in Charge John Kelleghan.
A controlled substance analogue is a drug which has not been scheduled under The Controlled Substances Act but has a similar chemical structure and a similar stimulant or hallucinogenic effect on a person’s central nervous system. Such controlled substance analogues are treated as if the substance were the scheduled drug for prosecution and sentencing purposes.
The U.S. Attorney’s Office noted that the sentence included an enhancement applicable when the death or serious bodily injury of another results from the use of the controlled substance. While the investigation surrounding the death of Jason Folweiler remains ongoing, Morgans, in his plea agreement with the government, publicly acknowledged that he delivered drugs to Folweiler and apologized to his family.
Morgans also forfeited an automobile, the contents of his bank account, $40,000 in currency seized from his home and a silver bar.
This investigation was conducted by the U.S. Immigration and Customs (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police and the West Pittston Police Department and is being prosecuted by Assistant United States Attorney Amy C. Phillips.
Former Treasurer for Communication Workers of America Local 88329 Sentenced to Two Years’ Probation for Falsifying RecordsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 46-year-old Coudersport, Pennsylvania resident was sentenced yesterday in federal court in Wilkes-Barre to two years’ probation and ordered to pay more than $6,000 in restitution by U.S. Magistrate Judge Karoline Mehalchick for falsifying records in connection with his duties as treasurer for the Communication Workers of America Local 88329.
According to United States Attorney Peter Smith, Robert Vargeson falsified those records to conceal the fact that he had embezzled $6,013 from the union’s funds. Vargeson committed the offense during 2012 and 2013.
Vargeson was charged in a criminal Information filed by the United States Attorney on April 14, 2014. Vargeson pleaded guilty to the charge on April 24, 2014.
The prosecution of Vargeson resulted from an investigation by the U.S. Department of Labor.
Assistant U.S. Attorney Francis P. Sempa represented the government at sentencing.
21 Alleged Southside York Gang Members Charged Federally with Racketeering ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the Bureau of Alcohol, Tobacco, Firearms and Explosives announced today that a federal grand jury in Harrisburg has indicted 21 residents of York, Pa. known as members of the “Southside Gang” on charges of racketeering and drug trafficking conspiracy over a 12 year period.
The federal indictment charges that the Southside Gang is a criminal enterprise whose purpose is to protect its territory and power through intimidation, violence and threats, generate profits primarily through open-air drug dealing within its territory and violent crime, defend and retaliate on behalf of gang members, and assist members through retaliation against witnesses and thwarting efforts of law enforcement.
15 of the defendants are already in state or county prison, serving sentences for drug dealing and other violent crimes. Four men were taken into custody earlier today by ATF agents and York City Police in a coordinated operation. Four of the defendants were charged with conspiracy to distribute drugs in a federal indictment filed earlier this year.
The racketeering conspiracy indictment was filed last week under seal in the U.S. District Court in Harrisburg and unsealed today.
According to U.S. Attorney Peter Smith and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Essam E. Rabadi, the racketeering conspiracy indictment is the result of a massive two-year combined investigation by ATF, York City Police Department and the York County District Attorney’s Office with participation by the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
“The alleged RICO offenses and resultant arrests today make certain that York City streets belong to its rightful residents and not to armed criminals. This is a stern and loud message not to join a street gang, not to illegally possess or misuse firearms, and not to pursue a life of crime,” said ATF Special Agent in Charge Sam Rabadi. “ATF, along with our state and local partners, will continue a laser-like focus on investigating and removing armed gang members from our neighborhoods to prevent and reduce firearms related violence.”
The names of those charged in the indictment are listed below. Those taken into custody today appeared before Chief Magistrate Judge Martin C. Carlson in Harrisburg. All were held in custody pending detention hearings to be held at a future date.
According to the indictment, all 21 men are or have been members or participants in the Southside Gang, which is located in the southern area of the City of York. The center of the gang area is near Maple and Duke Streets in York, a location locally known as “the Jungle.”
The gang’s continuing presence allegedly functions through an organized structure, including senior leaders “who are feared and respected;” drug traffickers engaged in narcotics distribution; and “shooters,” who commit violent acts on behalf of the gang and to protect each other. Seniority is allegedly based on “generations,” i.e., ages of the members. The “older generation” of members rules by fear and intimidation; they direct or require the “younger generation” to engage in drug trafficking, robberies or shootings in support of the Southside Gang. Order is maintained through intimidation, threats, violence and, in some cases, murder.
The indictment alleges that defendant James Abney has been a principal leader and organizer, along with six other indicted individuals. The indictment also alleges that the Southside Gang includes a group of violent drug traffickers, originally affiliated with the “Bloods,” primarily a New York-based national violent street gang. The defendants who have been the alleged leaders of the drug source group are Rolando Cruz and Mark Hernandez.
The indictment alleges criminal acts, including 15 listed in the indictment, involving violence against a rival York gang, called “Parkway,” allegedly resulting in deaths of members of both gangs and innocent bystanders.
At the same time, Southside Gang members allegedly distribute illegal drugs, mainly crack cocaine, as a major part of the criminal enterprise’s business and used and possessed firearms to protect the drugs. The indictment alleges 62 such acts carried out in furtherance of the conspiracy.
According to U.S. Attorney Smith, many gang members involved in specific drug offenses and violent acts have been investigated and prosecuted by York and York County law enforcement agencies for years as individual cases. The federal prosecution aims at dismantling the organization by exposing and attacking its ongoing structure and leadership. The U.S. Attorney’s Office and ATF noted that the federal investigations of gang violence and drugs in York are continuing in full cooperation with local police and the York County District Attorney’s Office.
In a separate case involving violent crime activity in York, the U.S. Attorney’s Office announced the indictment last week of Jermaine Johnson, a/k/a “Face”, age 39, on charges of possession of ammunition as a felon. Johnson was arrested in New York yesterday on the basis of a federal arrest warrant issued in Harrisburg.
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 life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Name and Street Name
Age
Rolando Cruz, a/k/a “Mico”
29
29
Douglas Kelly, a/k/a “Killer”
36
Roscoe Villega, a/k/a “P Shawn”
40
James Abney, a/k/a “Doocs”
28
Tyree Eatmon, a/k/a “Ree”
26
Jahkeem Abney, a/k/a “Foo”
24
Maurice Atkinson, a/k/a “Mo”
27
Anthony Sistrunk, a/k/a “Kanye”
26
Cordaress Rogers, a/k/a “Tank”
28
Eugene Rice, a/k/a “B Mor”
26
Angel Schueg, a/k/a “Pocko”
24
Marquis Williams, a/k/a “Quis”
26
Jalik Frederick, a/k/a “Murder Cat”
21
Brandon Orr, a/k/a “B Or”
22
Malik Sturdivant, a/k/a “Base”
22
Jabree Williams, a/k/a “Minute”
23
Ronald Payton, a/k/a “Ron Ron”
22
Jerrod Brown, a/k/a “Boogie”
25
Quintez Hall, a/k/a “Q”
21
Richard Nolden, a/k/a “Rich”
24
Pennsylvania Man Pleads Guilty in Conspiracy to Illegally Export Restricted Laboratory Equipment to SyriaRead the Press Release
U.S. Attorney Peter Smith for the Middle District of Pennsylvania, Special Agent in Charge John Kelleghan for Philadelphia, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and Special Agent in Charge Sidney M. Simon of the New York Field Office, Office of Export Enforcement, U.S. Department of Commerce announced that yesterday Harold Rinko, 72, of Hallstead, Pennsylvania, appeared before Senior District Court Judge Edwin M. Kosik in Scranton and pleaded guilty to conspiracy to illegally export laboratory equipment, including items used to detect chemical warfare agents, from the United States to Syria, in violation of federal law.
During the guilty plea hearing, Rinko admitted that he conspired to export items from the United States through third party countries to customers in Syria, without the required U.S. Commerce Department licenses.
According to a factual stipulation signed by Rinko and made part of the record, the conspirators prepared false invoices that undervalued and mislabeled the goods being purchased and also listed false information as to the identity and geographic location of the purchasers of the goods. The stipulation indicates that the items would be shipped from the United States to Jordan, the United Arab Emirates, and the United Kingdom, and thereafter transshipped to Syria.
“HSI will use all resources at its disposal to prevent sensitive and restricted technology from being exported to Syria though the black market,” said Special Agent in Charge Kelleghan. “No good comes of illegal exports to Syria during this time of gross misgovernment and civil strife, and HSI will do all in its power as the principal enforcer of export controls to ensure that sensitive technology doesn’t fall into the wrong hands in Syria. I applaud our colleagues at the Department of Commerce, along with our law enforcement counterparts in the United Kingdom, who helped us make this complex investigation a success.”
“Today's plea represents the effort of law enforcement agencies working together to make our country safer,” said Simon. “Office of Export Enforcement Special Agents with the U.S. Department of Commerce work tirelessly every day to pursue those who flout our export control laws and attempt to supply anyone with technology that threatens our national security. We will seek and arrest violators wherever located, worldwide, and we will continue to leverage our unique authorities as the only federal law enforcement agency exclusively dedicated to enforcing dual-use export violations.”
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. Rinko is facing a potential maximum sentence of five years’ imprisonment, a fine of $250,000, and a three-year term of supervised release.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
The case was investigated by the U.S. Immigration and Customs, Homeland Security Investigations (HSI) in partnership with the U.S. Department of Commerce, Office of Export Enforcement and assigned to Assistant U.S. Attorney Todd K. Hinkley and Trial Attorney Mariclaire Rourke with the Department of Justice, National Security Division, Counterespionage Section.
****Harrisburg Businessman Pleads Guilty to $216,000 Withholding Tax FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 30-year old Harrisburg man pleaded guilty today before Senior U.S. District Court Judge William C. Caldwell to tax evasion in the amount of $216,000 between October 2006 and May 2011.
According to United States Attorney Peter Smith, Howard Ginting was the sole owner of Ginting Enterprises, Inc., a Pennsylvania corporation in Harrisburg. Ginting Enterprises supplied day laborers to various businesses in central and northeastern Pennsylvania. As the owner and operator, Ginting was required to withhold from the wages of the GEI 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, but Ginting falsely reported to the IRS that he had only paid wages in the amount of approximately $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 Enterpirses and operated his same labor supply business under the name Trojan Services, Inc. Between February, 2008 and May, 2011, Trojan paid wages of approximately $638,477, but Ginting failed to report to the IRS all wages paid to his employees, underpaying Social Security tax and Medicare taxes owed by Trojan 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.
Ginting faces a potential maximum sentence of 5 years imprisonment, a $250,000 fine and up to 3 years supervised release as well as restitution and tax penalties and interest.
The case is being prosecuted by Assistant U.S. Attorney Gordon Zubrod.
Guatemalan Citizen Apprehended in Franklin County Charged with Illegal ReentryRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO) announced today that a 35-year-old native and citizen of Guatemala was charged on September 9 with illegal reentry into the United States.
According to United States Attorney Peter Smith, Homero Ruiz-Luis, age 35, was charged in a one-count information filed with the court in Harrisburg.
The information alleges that Ruiz-Luis, an alien who has previously been arrested and deported from the United States, reentered the United States illegally and was apprehended in Franklin County, Pennsylvania.
If convicted, Ruiz-Luis faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO). It is being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
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.
Monroe County Woman Pleads Guilty to Participating in A Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 33-year-old Effort woman pleaded guilty today before Senior U.S. District Court Judge A. Richard Caputo to conspiring with others to distribute heroin in the Monroe County area during a six-month time period.
According to United States Attorney Peter Smith, the defendant, Tamika Davis, admitted to committing the crime between November 2013 and April 22, 2014.
Davis was charged in a criminal Information filed by the United States Attorney on August 15, 2014, following an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police.
Davis faces a potential maximum sentence of 20 years in prison and a $1 million fine. Judge Caputo scheduled sentencing in the case for December 17, 2014.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Monroe County Man Pleads Guilty to Heroin TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 21-year-old Tobyhanna man pleaded guilty today before Senior U.S. District Court Judge James M. Munley to distributing heroin in the Monroe County area between November 2013 and August 2014.
According to United States Attorney Peter Smith, the defendant, Kyle Westry, admitted to distributing and possessing with intent to distribute multiple bricks of heroin. A brick of heroin consist of 50 small bags.
Westry was charged in a criminal Information filed by the United States Attorney on September 10, 2014, following an investigation by the Drug Enforcement Administration and the Monroe County Drug Task Force.
Westry faces a potential maximum sentence of 20 years in prison and a $1 million fine. Judge Munley scheduled sentencing in the case for December 16, 2014.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
****York Man Charged with Being A Convicted Felon in Possession of A FirearmRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shannon Williams, age 36, of York, Pennsylvania was indicted and charged with being a felon in possession of a firearm and ammunition.
According to U.S. Attorney Peter Smith, on March 19, 2014, police were dispatched to a York residence in response to a domestic disturbance complaint. During a consent search, police located a gun allegedly used to threaten the victim of the domestic incident. Williams is a previously convicted felon prohibited from possessing firearms. If convicted, Williams faces a term of imprisonment of up to ten years and a fine of $250,000.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department. The case is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
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.
Erie Man Pleads Guilty to Unlawfully Possessing A Firearm as A Convicted FelonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 43-year-old Erie, Pennsylvania resident pleaded guilty today before Senior U.S. District Court Judge James M. Munley to unlawfully possessing a firearm and ammunition as a convicted felon.
According to United States Attorney Peter Smith, the defendant, James Presley, admitted to possessing a 9mm handgun and ammunition while driving a vehicle on Interstate 80 near Hazleton on May 15, 2014. Presley further admitted that at the time he possessed the firearm and ammunition, he had prior felony convictions, including a conviction for murder in 1992 in Philadelphia. Presley served 13 years in prison for the murder.
Presley was charged in an Information filed on July 15, 2014. The charge against Presley resulted from an investigation by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police.
Presley faces a potential maximum sentence of 10 years in prison and a $250,000 fine. Sentencing was scheduled for December 12, 2014. Presley remains in custody pending sentencing.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
****Erie Man Pleads Guilty to Unlawfully Possessing A Firearm as A Convicted FelonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 43-year-old Erie, Pennsylvania resident pleaded guilty today before Senior U.S. District Court Judge James M. Munley to unlawfully possessing a firearm and ammunition as a convicted felon.
According to United States Attorney Peter Smith, the defendant, James Presley, admitted to possessing a 9mm handgun and ammunition while driving a vehicle on Interstate 80 near Hazleton on May 15, 2014. Presley further admitted that at the time he possessed the firearm and ammunition, he had prior felony convictions, including a conviction for murder in 1992 in Philadelphia. Presley served 13 years in prison for the murder.
Presley was charged in an Information filed on July 15, 2014. The charge against Presley resulted from an investigation by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police.
Presley faces a potential maximum sentence of 10 years in prison and a $250,000 fine. Sentencing was scheduled for December 12, 2014. Presley remains in custody pending sentencing.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
****York Man Indicted for Producing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury sitting in Harrisburg, Pennsylvania returned a superseding indictment yesterday against Daniel Curran, age 40, of York. The superseding indictment charges Curran with Production of Child Pornography, Receipt of Child Pornography and Possession of Child Pornography.
According to United States Attorney Peter Smith, Curran sexually assaulted a nine year old boy on multiple occasions and recorded the assaults of the child. In addition, the FBI located over 40,000 images of child pornography on Curran’s computer and thumb drives. Curran also purchased and received dozens of videos containing child pornography through the mail.
If convicted, Curran faces a maximum sentence of up to 70 years imprisonment, a mandatory minimum of 15 years imprisonment on the Production offense and a 5 year mandatory minimum on the Receipt offense, as well as a $750,000 fine.
This investigation was conducted by the Federal Bureau of Investigation and the Northern York County Regional Police Department. The case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of 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 Indicted on Cocaine and Firearm ChargesRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Reginald Barton, Jr., 28, of Harrisburg, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg on charges of Possession of a Firearm by a Convicted Felon, Possession of a Firearm in furtherance of Drug Trafficking, and Possession With Intent to Distribute a Controlled Substance.
According to United States Attorney Peter Smith, the charges are a result of an incident in which Barton allegedly shot at a Harrisburg Police officer during a traffic stop, fled, and was ultimately apprehended after discarding a firearm and a bag containing crack cocaine.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Police Bureau as part of a joint continuing effort to curb violent crime. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of 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 life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Dauphin County Man Charged in Federal Child Sex Trafficking CaseRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Coy C. Klinger, 37, of Lower Paxton Township, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg charging him with sex trafficking of children, coercion and enticement, production of child pornography and possession of child pornography. The indictment also seeks forfeiture of property involved in the alleged criminal conduct.
According to U.S. Attorney Peter Smith, Klinger allegedly sought out young girls and women online and paid them to engage in acts of prostitution from his home in Lower Paxton Township between January and June 2014. Evidence was allegedly found on electronic devices in Klinger's home. The devices, including an Iphone, a cell phone, desktop and laptop computers, and a Nikon camera, as well as the residence itself located at 5716 Kenwood Avenue, are listed in a notice of forfeiture in the indictment.
Klinger appeared today before Chief Magistrate Judge Martin C. Carlson for his initial appearance. Klinger was detained pending a detention hearing scheduled for September 15.
This case is being investigated by the Federal Bureau of Investigation and the Lower Paxton Township Police Department 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/.
If convicted, Klinger faces a mandatory minimum of 15 years imprisonment on the production charge, a mandatory minimum 10 years imprisonment on the sex trafficking charge, a mandatory minimum 10 years imprisonment on the coercion and enticement charge and a statutory maximum of life imprisonment.
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.
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 criminal Information was filed today charging a Monroe County resident with distributing heroin during a nine-month time period.
According to United States Attorney Peter Smith, the Information alleges that Kyle Westry, age 21, of Tobyhanna, Pennsylvania, distributed and possessed with intent to distribute heroin between November 21, 2013 and August 14, 2014.
The charge stems from an investigation by special agents of the Drug Enforcement Administration, the Pennsylvania State Police, and the Monroe County Drug Task Force.
Westry faces a potential maximum sentence of 20 years in prison and a $1 million fine if he 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.
Luzerne County Woman Sentenced to Prison for Transporting A Person in Interstate Commerce to Engage in ProstitutionRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Bear Creek woman was sentenced by U.S. District Court Judge Robert D. Mariani to 16 months in federal prison today for her role in helping to transport a female from Pennsylvania to New Jersey to engage in prostitution.
According to United States Attorney Peter Smith, the defendant, Kyoni Humphrey a/k/a “Kyoni Nieves,” age 25, previously pleaded guilty to helping a co-defendant, Travis Humphrey, commit the crime by renting and driving a vehicle used to transport the female to motels in Pennsylvania and New Jersey to engage in prostitution, renting motel rooms, and posting “escort” advertisements and photographs on a website during May 2013.
Humphrey was indicted by a federal grand jury in January 2014, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, and the Luzerne County District Attorney’s Office.
Co-defendant Travis Humphrey previously pleaded guilty to sex trafficking of a minor and is awaiting sentencing.
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 was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Lebanon Man Sentenced to 25 Years in Prison for Enticing A Child to Engage in Sexual Activity and for Distribution of Child PornographyRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced the sentence of a Lebanon man for child pornography related offenses. Senior United States District Court Judge Sylvia H. Rambo imposed a 25 year sentence on Howard D. Davis, age 58, of Lebanon, for attempted enticement of minor to engage in sexual activity and for distribution of child pornography.
According to United States Attorney Peter Smith, Davis was released from state prison in August 2012 after serving three years for soliciting minors over the internet to engage in sexual activity. Within a few months of his release from prison, Davis began to solicit underage girls via internet chat rooms to create sex videos.
Two separate undercover investigations caught Davis trolling these websites. A Nebraska State Patrol officer – posing at a 14 year-old girl – was enticed by Davis to create sex videos and images and send these to Davis’ residence in Lebanon, Pennsylvania. Thereafter, Davis mailed a web camera and sex toys to the undercover officer. A second undercover investigation conducted by the Dickson Police Department, in Dickson, North Dakota, also caught Davis engaging in the same activity on a different website.
Local and federal law enforcement in Nebraska coordinated with the United States Postal Inspectors and the Pennsylvania Office of Attorney General to complete the investigation. In February 2013, a search warrant was executed at Davis’s residence where he was chatting with an unidentified underage girl from overseas. Police recovered a box of web cameras and box of sex toys, all similar to those shipped by Davis to the Nebraska State police. Police also searched his computer and found child pornography, which Davis admitted he would swap with others over the internet.
In October 2013, Davis entered a guilty plea in U.S. District Court in Harrisburg to enticing a fourteen year old to engage in sexually explicit activity and distribution of child pornography.
The case was investigated by the United States Postal Inspectors in conjunction with the Pennsylvania Office of Attorney General and Nebraska State Patrol. The case was prosecuted by Assistant United States Attorney Michael A. Consiglio.
Federal Inmate at Canaan Penitentiary Pleads Guilty to Conspiring to Assault Another InmateRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an inmate at the United States Penitentiary at Canaan, Pennsylvania, has pleaded guilty to being involved in a conspiracy to assault another inmate with a dangerous weapon.
Johnnie Williams, age 36, formerly of Memphis, Tennessee, entered the guilty plea before United States Magistrate Judge Thomas M. Blewitt, in federal court in Scranton, Pennsylvania.
United States Attorney Peter Smith stated that the victim was another inmate who sustained a minor injury when Williams stabbed him with a sharpened weapon commonly referred to as a shank. Charges are pending against the other alleged conspirator who wielded a mace-type weapon constructed from a lock attached to a sock who also attempted to assault the victim inmate before being subdued by correctional officers. The assault occurred in February 2014.
The case was investigated by the FBI and the Special Investigation Section at USP-Canaan. Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is five 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.
Wilkes-Barre Man Charged with Drug Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a criminal information charging Shawn Morse, age 42, of Wilkes-Barre, Pennsylvania, with distributing cocaine on numerous occasions between 2010 and April 2, 2013.
United States Attorney Peter Smith stated that the charge is the result of an investigation conducted by the Federal Bureau of Investigation; the Pennsylvania Attorney General’s Office; and the Luzerne County District Attorney’s Office. Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal 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.
Second Defendant Pleads Guilty to Conspiracy to Commit Sex Trafficking of A MinorRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 32-year-old former Pittston resident pleaded guilty today before Senior U.S. District Court Judge Edwin M. Kosik to conspiring with others to recruit, harbor, and transport minor females to engage in commercial sex acts for money during the summer of 2013 in Luzerne and Dauphin counties.
According to United States Attorney Peter Smith, the defendant, Randy Coleman, Jr, admitted to participating in a scheme to use minor females to engage in prostitution. Coleman and his co-conspirators, including Gregory Boone who pleaded guilty last week, used cell phones to produce and transmit photographs of the females which were posted in “escort services” advertisements on a website to facilitate prostitution activities in motels in Luzerne County and in the Harrisburg area of Pennsylvania. Coleman’s role in the conspiracy involved renting motel rooms and acting as a “bodyguard” for the prostitution activities.
Coleman was indicted by a federal grand jury in December 2013, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, Pittston Police, and the Luzerne County District Attorney’s Office.
Coleman faces a potential maximum sentence of life in prison and a $250,000 fine. Judge Kosik ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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."
Monroe County Man Pleads Guilty to Crack Cocaine TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 34-year-old Stroudsburg area man pleaded guilty today before U.S. District Court Judge Robert D. Mariani to distributing crack cocaine.
According to United States Attorney Peter Smith, the defendant, Jose Hernandez-Tirado, admitted to distributing and possessing with intent to distribute crack in Monroe County during 2013.
Hernandez-Tirado was charged in a Superseding Information filed in August 2014. The charge resulted from an investigation by the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, and Berks County Detectives.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Hernandez-Tirado faces a potential maximum sentence of 20 years in prison and a $1 million fine. Sentencing was scheduled for November 2014.
Luzerne County Man Pleads Guilty to Conspiracy to Commit Sex Trafficking of A MinorRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Pittston resident pleaded guilty today before Senior U.S. District Court Judge Edwin M. Kosik to conspiring with others to recruit, harbor, and transport minor females to engage in commercial sex acts for money during the summer of 2013 in Luzerne and Dauphin counties.
According to United States Attorney Peter Smith, the defendant, Gregory Boone, admitted to participating in a scheme to use minor females to engage in prostitution. Boone and his co-conspirators used cell phones to produce and transmit photographs of the females which were posted on a website to facilitate prostitution activities in motels in Luzerne County and in the Harrisburg area of Pennsylvania.
Boone was indicted by a federal grand jury in December 2013, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, Pittston Police, and the Luzerne County District Attorney’s Office.
Boone faces a potential maximum sentence of life in prison and a $250,000 fine. Judge Kosik ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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."
Allenwood Inmate Charged with Assaulting Another InmateRead the Press Release
The United States Attorney for the Middle District of Pennsylvania, announced that charges have been filed against Donny Jo Gumfory of Roswell, New Mexico.
According to United States Attorney, Peter J. Smith, Gumfory, age 36, is charged in a one-count information with assault resulting in serious bodily injury to another inmate while they both were incarcerated at the FCC – Allenwood Penitentiary.
The investigation was conducted by the Federal Bureau of Prisons Special Investigative Services, and the Federal Bureau of Investigation, Williamsport Resident Agency. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is ten years imprisonment, and a fine of $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.